R277-607. Absenteeism and Truancy Prevention

R277.  Education, Administration.

R277-607.  Absenteeism and Truancy Prevention.

R277-607-1.  Authority and Purpose.

          (1)  This rule is authorized by:

          (a)  Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

          (b)  Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state; and

          (c)  Section 53G-6-206, which:

          (i)  describes the duties of an LEA governing board in promoting regular attendance;

          (ii)  does not impose civil liability on the Board, and LEA governing board, or their employees; and

          (iii)  requires each LEA to annually report data on absences with or without a valid excuse to the state board.

          (d)  Section 53G-9-804, which:

          (i)  describes the Legislature's expectations regarding absenteeism prevention and outreach policies; and

          (ii)  requires the Board to make rules requiring LEAs to enact chronic absenteeism prevention and intervention policies.

          (2)  The purpose of this rule is to direct LEAs to create a policy, which:

          (a)  defines attendance expectations;

          (b)  delineates consequences consistent with state law; and

          (c)  provides an appeals process.

          (3)  An LEA described in Subsection 53G-9-802(5) is exempt from providing dropout recovery services as described in Subsection 53G-9-802(3).

R277-607-2.  Definitions.

          (1)  "Chronic absenteeism" means a student misses 10% or more of days enrolled, for any reason, and makes a school aware that a beginning of tiered supports may be needed.

          (2)  "Intervention" means the same as the term is defined in Subsection 53G-6-206(1).

          (3)  "Notice of compulsory education" is a notice of violation to the parents of students in grades 1-6 consistent with Section 53G-6-202.

          (4)  "Notice of truancy" is a citation issued to students and parents of students in grades 7-12 consistent with Section 53G-6-203.

          (5)  "Truancy means a condition consistent with Subsection 53G-6-201(8).

          (6)  "Valid excuse" means the same as the term is defined in Subsection 53G-6-201(10).

R277-607-3.  Promotion of Regular Attendance.

          (1)  An LEA governing board:

          (a)  shall create and review an LEA attendance policy that:

          (i)  outlines attendance expectations with language and definitions consistent with Subsection 53G-9-804(1)(a) and Title 53G, Chapter 6, Part 2, Compulsory Education;

          (ii)  addresses the interplay between absences for mental health or behavioral health and Free Appropriate Public Education requirements or other educational service requirements for students under federal law including the IDEA;

          (ii)  provides for school level procedure making; and

          (iii)  provides an appeals process to contest:

          (A)  a notice of truancy;

          (B)  a notice of compulsory education; or

          (C)  any disciplinary actions taken against a student pursuant to an LEA's attendance policy;

          (b)  shall publicize the LEA's attendance policy and appeals process through:

          (i)  LEA and school websites;

          (ii)  handbooks;

          (iii)  letters to parents; and

          (iv)  other reasonable means of communication;

          (c)  shall support institutional efforts to promote regular attendance and address school absenteeism and truancy issues for school-age children enrolled in the LEA, in accordance with Subsection 53G-6-206(3) and Section 53G-9-804; and

          (d)  may enlist the assistance of community agencies and organizations for early intervention services, in accordance with Section 53G-8-211.

          (2)  An LEA shall annually report the following data separately to the Superintendent:

          (a)  absences with a valid excuse; and

          (b)  absences without a valid excuse.

KEY:  compulsory education, truancy, absenteeism

Date of Last Change:  August 8, 2023

Notice of Continuation:  June 4, 2021

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4); 53G-6-206; 53G-9-804

Status of Rule

Effective August 8, 2023

Five-year review June 4, 2026

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Oversight Framework

Uncategorized

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Related Utah Law

Public Education Statutes
Title 53G, Chapter 6, Part 2, Compulsory Education, specifically 53G-6-206; 53G-8-211

Title 53G, Chapter 9, Part 8, Dropout Prevention and Recovery and Remediation Programs, specifically 53G-9-802 and 53G-9-804

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-606, Dropout Prevention and Recovery Program

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Related Federal Law

Individuals with Disabilities Education Act (IDEA)

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Resources

None

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Contact Information

Primary Contact:
Garrett Russell
garrett.russell@schools.utah.gov
Prevention

Secondary Contact:
Megan Menlove
megan.menlove@schools.utah.gov
Prevention

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This page was last updated on November 30, 2024.

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NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

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