Utah State Legislature

            (1) Except as provided in Section 53A-11-102 or 53A-11-102.5, a school-age minor who is enrolled in a public school shall attend the public school in which the school-age minor is enrolled.

            (2) A local school board, local charter board, or school district may impose administrative penalties on a school-age minor who is truant.

            (3) A local school board or local charter board:

            (a) may authorize a school administrator, a designee of a school administrator, a law enforcement officer acting as a school resource officer, or a truancy specialist to issue notices of truancy to school-age minors who are at least 12 years old; and

            (b) shall establish a procedure for a school-age minor, or the school-age minor's parents, to contest a notice of truancy.

            (4) The notice of truancy described in Subsection (3):

            (a) may not be issued until the school-age minor has been truant at least five times during the school year;

            (b) may not be issued to a school-age minor who is less than 12 years old;

            (c) may not be issued to a minor exempt from school attendance as provided in Section 53A-11-102 or 53A-11-102.5;

            (d) shall direct the school-age minor and the parent of the school-age minor to:

            (i) meet with school authorities to discuss the school-age minor's truancies; and

            (ii) cooperate with the school board, local charter board, or school district in securing regular attendance by the school-age minor; and

            (e) shall be mailed to, or served on, the school-age minor's parent.

            (5) A habitual truant citation may be issued to a habitual truant if:

            (a) the local school board, local charter board, or school district has made reasonable efforts, under Section 53A-11-103, to resolve the school attendance problems of the habitual truant; and

            (b) the efforts to resolve the school attendance problems, described in Subsection (5)(a), have not been successful.

            (6) A habitual truant to whom a habitual truant citation is issued under Subsection (5):

            (a) shall be referred to the juvenile court for violation of Subsection (1); and

            (b) is subject to the jurisdiction of the juvenile court.

            (7) A notice of truancy or a habitual truant citation may only be issued by:

            (a) a school administrator, or a truancy specialist, who is authorized by a local school board or local charter board;

            (b) a designee of a school administrator described in Subsection (7)(a); or

            (c) a law enforcement officer acting as a school resource officer.

            (8) Nothing in this part prohibits a local school board, local charter board, or school district from taking action to resolve a truancy problem with a school-age minor who has been truant less than five times, provided that the action does not conflict with the requirements of this part.

            (9) Nothing in this part allows a local school board or charter school governing board to issue a citation pursuant to this section if the minor is exempt from school attendance as provided in Section 53A-11-102 or 53A-11-102.5.

Amended by Chapter 203, 2012 General Session