No. 38778 (Amendment): Rule R277-607. Truancy Prevention

(Amendment)

DAR File No.: 38778
Filed: 08/15/2014 06:18:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-607 is amended to change terminology within the rule to make the rule consistent with other Utah State Board of Education (Board) rules, to provide new language for clarification purposes and remove unnecessary language.

Summary of the rule or change:

The amendments provide the definition of LEA (consistent with other rules), remove school district and charter school language, and insert LEA within the rule.

State statutory or constitutional authorization for this rule:

• Sections 53A-11-101 through 53A-11-106
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amendments provide changes in terminology, add new language for clarification, and remove unnecessary language which likely will not result in a cost or savings to the state.

local governments:

The amendments provide changes in terminology, add new language for clarification, and remove unnecessary language which likely will not result in a cost or savings to local government.

small businesses:

The amendments provide changes in terminology, add new language for clarification, and remove unnecessary language which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments provide changes in terminology, add new language for clarification, and remove unnecessary language which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide changes in terminology, add new language for clarification, and remove unnecessary language which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2014

This rule may become effective on:

10/08/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-607. Truancy Prevention.

R277-607-1. Definitions.

A. "Absence" means a student's non-attendance at school for one school day or part of one school day.

B. "Habitual truant" means a school-age minor who:

(1) is at least 12 years old;

(2) is subject to the requirements of Section 53A-11-101.5; and

(3)(a) is truant at least [ten]five times during one school year; and

(b) fails to cooperate with efforts on the part of school authorities to resolve the minor's attendance problem as required under Section 53A-11-103.

C. "Habitual truant citation" is a citation issued only consistent with Section 53A-11-101.7.

D. "IEP team" means an local education agency representative, a parent, a regular and special education educator, and person qualified to interpret evaluation results, in accordance with the Individuals with Disabilities Education Act (IDEA).

E. "LEA" means a local education agency, including local school boards/public school districts and charter schools.

[E]F. "Truant" means absent without a valid excuse.

[F]G. "Unexcused absence" means a student's absence from school for reasons other than those authorized under the [school or district]LEA policy.

[G]H. "USOE" means the Utah State Office of Education.

[H]I. "Valid excuse" means an excuse for an absence from school consistent with Section 53A-11-101(9)[ and may include:

(1) illness;

(2) family death;

(3) approved school activity;

(4) excuse consistent with student's IEP, Section 504 accommodation plan, or a school/school district valid excuse definition].

 

R277-607-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Sections 53A-11-101 through 53A-11-106 which direct educational entities and parents working on behalf of children to [encourage compliance with the compulsory education law, school attendance for all students, and cooperation in these important efforts]make efforts to resolve school attendance problems of school-age minors who are or should be enrolled in LEAs.

B. The purpose of this rule is to direct [schools/school districts and charter schools]LEAs to establish procedures for:

(1) informing parents about compulsory education laws;

(2) encouraging and monitoring school attendance consistent with the law; and

(3) providing firm consequences for noncompliance.

C. This rule encourages meaningful incentives for parental responsibility and directs [school districts and charter schools]LEAs to establish ongoing truancy prevention procedures in schools especially for students in grades 1-8.

 

R277-607-3. General Provisions.

A. Each [local school board and charter school ]LEA board shall develop a truancy policy that encourages regular, punctual attendance of students, consistent with this rule and 53A-11-101 through 53A-11-105, and shall review the policy annually.

B. [Local school boards and charter school]LEA boards shall annually review attendance data and consider revisions to policies to encourage student attendance.

C. [The local school board and charter school board]LEAs shall make truancy polic[y]ies [shall be ]available for review by parents or interested parties.

D. LEAs may issue [H]habitual truant citations [may be issued ]to students consistent with Section 53A-11-101.7.

 

R277-607-4. [School/School District and Charter School]LEA Responsibilities.

A. [School districts and charter schools]LEAs shall:

(1) establish definitions not provided in law or this rule necessary to implement a compulsory attendance policy;

(2) include definitions of approved school activity under Section 53A-11-101(9)(c) and excused absence to be provided locally under Section 53A-11-101(9)(e);

(3) include criteria and procedures for preapproval of extended absences consistent with Section 53A-11-101.3; and

(4) establish programs and meaningful incentives which promote regular, punctual student attendance.

B. [School districts and charter schools]LEAs shall include in their policies provisions for:

(1) notice to parents of the policy;

(2) notice to parents as discipline or consequences progress; and

(3) the opportunity to appeal disciplinary measures.

C. [School districts and charter schools]LEAs shall establish and publish procedures [by which]for use by school-age minors or their parents [may]to contest notices of truancy.

 

[R277-607-5. Parent Responsibilities.

Parents of school-age minors shall cooperate with school boards and charter school boards to secure regular attendance at school by school-age minors for whom they are responsible.

 

]KEY: compulsory education, truancy

Date of Enactment or Last Substantive Amendment: [October 10, 2007]2014

Notice of Continuation: [October 23, 2009]2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11-101 through 53A-11-105

 

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