reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 605 - State to succeed to property of authority when encumbrances paid or authority dissolved.

Effective 1/24/2018
53G-5-605.
State to succeed to property of authority when encumbrances paid or authority dissolved.
(1) If the authority is dissolved at any time, for any reason, all funds, property, rights, and interests of the authority, following the satisfaction of the authority's obligations, shall immediately vest in and become the property of the state, which shall succeed to all rights of the authority subject to any encumbrances which may then exist on any particular properties.
(2) None of the net earnings of the authority shall inure to the benefit of any private person.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 607 - Charter School Reserve Account contribution requirements for qualifying charter schools.

Effective 1/24/2018
53G-5-607.
Charter School Reserve Account contribution requirements for qualifying charter schools.
(1) When bonds are issued under the credit enhancement program for a qualifying charter school, the qualifying charter school shall contribute money to the reserve account in the amount determined as provided in Subsection (2).
(2) The authority shall determine the up-front and ongoing requirements for contributions of money to the reserve account for each qualifying charter school.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 608 - Bond issuance.

Effective 1/24/2018
53G-5-608.
Bond issuance.
(1)
(a) The state may not alter, impair, or limit the rights of bondholders or persons contracting with a qualifying charter school until the bonds, including interest and other contractual obligations, are fully met and discharged.
(b) Nothing in this part precludes an alteration, impairment, or limitation if provision is made by law for the protection of bondholders or persons entering into contracts with a qualifying charter school.
(2) The authority may require a qualifying charter school to vest in the authority the right to enforce any covenant made to secure bonds issued under the credit enhancement program by making appropriate provisions in the indenture related to the qualifying charter school's bonds.
(3) The authority may require a qualifying charter school to make covenants and agreements in indentures or in a reimbursement agreement to protect the interests of the state and to secure repayment to the state of any money received by the qualifying charter school from an appropriation to restore amounts deposited in the qualifying charter school's debt service reserve fund to the debt service reserve fund requirement.
(4) The authority may charge a fee to administer the issuance of bonds for a qualifying charter school.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 5 - Charter Schools › Part 6 - Charter School Credit Enhancement Program › Section 609 - Limitation on participation in Charter School Credit Enhancement Program.

Effective 1/24/2018
53G-5-609.
Limitation on participation in Charter School Credit Enhancement Program.
(1) In accordance with Subsection (2), on or before January 1 of each year, the authority shall determine the credit enhancement program's bond issuance limitation.
(2) The authority may not issue bonds for a qualifying charter school under the credit enhancement program if the total par amount outstanding under the program would exceed an amount equal to the product of:
(a) 1.3;
(b) an amount equal to the quotient of:
(i) annual charter school enrollment; divided by
(ii) annual state enrollment; and
(c) the total par amount then outstanding under the school bond guarantee program established in Chapter 4, Part 8, School District Bond Guaranty.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 2 - Compulsory Education › Section 201 - Definitions.

Effective 9/1/2021
53G-6-201.
Definitions.
As used in this part:
(1)
(a) "Absence" or "absent" means the failure of a school-age child assigned to a class or class period to attend a class or class period.
(b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence for the sake of a truancy.
(2) "Educational neglect" means the same as that term is defined in Section 80-1-102.
(3) "Minor" means an individual who is under 18 years old.
(4) "Parent" includes:
(a) a custodial parent of the minor;
(b) a legally appointed guardian of a minor; or
(c) any other person purporting to exercise any authority over the minor which could be exercised by a person described in Subsection (4)(a) or (b).
(5) "School day" means the portion of a day that school is in session in which a school-age child is required to be in school for purposes of receiving instruction.
(6) "School year" means the period of time designated by a local school board or charter school governing board as the school year for the school where the school-age child:
(a) is enrolled; or
(b) should be enrolled, if the school-age child is not enrolled in school.
(7) "School-age child" means a minor who:
(a) is at least six years old but younger than 18 years old; and
(b) is not emancipated.
(8)
(a) "Truant" means a condition in which a school-age child, without a valid excuse, and subject to Subsection (8)(b), is absent for at least:
(i) half of the school day; or
(ii) if the school-age child is enrolled in a learner verified program, as that term is defined by the state board, the relevant amount of time under the LEA's policy regarding the LEA's continuing enrollment measure as it relates to truancy.
(b) A school-age child may not be considered truant under this part more than one time during one day.
(9) "Truant minor" means a school-age child who:
(a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
(b) is truant.
(10)
(a) "Valid excuse" means:
(i) an illness, which may be either mental or physical, regardless of whether the school-age child or parent provides documentation from a medical professional;
(ii) mental or behavioral health of the school-age child;
(iii) a family death;
(iv) an approved school activity;
(v) an absence permitted by a school-age child's:
(A) individualized education program; or
(B) Section 504 accommodation plan;
(vi) an absence permitted in accordance with Subsection 53G-6-803(5); or
(vii) any other excuse established as valid by a local school board, charter school governing board, or school district.
(b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason other than a reason described in Subsections (10)(a)(i) through (vi), unless specifically permitted by the local school board, charter school governing board, or school district under Subsection (10)(a)(vi).
Amended by Chapter 113, 2021 General Session
Amended by Chapter 261, 2021 General Session
Amended by Chapter 427, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 2 - Compulsory Education › Section 203 - Truancy -- Notice of truancy -- Failure to cooperate with school authorities.

Effective 5/3/2023
53G-6-203.
Truancy -- Notice of truancy -- Failure to cooperate with school authorities.
(1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age child who is enrolled in a public school shall attend the public school in which the school-age child is enrolled.
(2) In accordance with Section 53G-8-211, a local school board, charter school governing board, or school district may impose administrative penalties on a school-age child who is:
(a) in grade 7 or above, unless the school-age child is less than 12 years old; and
(b) truant.
(3) A local school board or charter school governing 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 a notice of truancy in accordance with Subsection (4); and
(b) shall establish a procedure for a school-age child, or the school-age child's parents, to contest a notice of truancy.
(4) A notice of truancy described in Subsection (3):
(a) may not be issued until a school-age child has been truant at least five times during the school year;
(b) may not be issued to a school-age child who is less than 12 years old or in a grade below grade 7;
(c) may not be issued to a school-age child exempt from school attendance as provided in Section 53G-6-204 or 53G-6-702;
(d) shall direct the school-age child who receives the notice of truancy and the parent of the school-age child to:
(i) meet with school authorities to discuss the school-age child's truancies; and
(ii) cooperate with the local school board, charter school governing board, or school district in securing regular attendance by the school-age child; and
(e) shall be mailed to, or served on, the school-age child's parent.
(5)
(a) Except as provided in Subsection (5)(b), nothing in this part prohibits a local school board, charter school governing board, or school district from taking action to resolve a truancy problem with a school-age child who has been truant fewer than five times, provided that the action does not conflict with the requirements of this part.
(b) A local school board, charter school governing board, or school district may not take punitive action to resolve a truancy problem with a school-age child during the period described in Subsection (2).
(6) Notwithstanding this section, during the period described in Subsection (2), a school administrator, designee of a school administrator, law enforcement officer acting as a school resource officer, or truancy specialist may not issue or otherwise enforce a notice of truancy.
Amended by Chapter 161, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 2 - Compulsory Education › Section 205 - Approval absences.

Effective 5/5/2021
53G-6-205.
Approval absences.
(1) In determining whether to preapprove an extended absence of a school-age child as a valid excuse, a local school board, charter school governing board, or school district shall approve the absence if the local school board, charter school governing board, or school district determines that the extended absence will not adversely impact the school-age child's education.
(2) A local school board, charter school governing board, or school district may not require documentation from a medical professional to substantiate a valid excuse that is a mental or physical illness.
Amended by Chapter 113, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 2 - Compulsory Education › Section 207 - Truancy specialists.

Effective 5/14/2019
53G-6-207.
Truancy specialists.
A local school board or charter school governing board may appoint and fix the compensation of a truancy specialist to assist in enforcing laws related to school attendance and to perform other duties prescribed by law or the state board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 2 - Compulsory Education › Section 209 - Truancy support centers.

Effective 5/14/2019
53G-6-209.
Truancy support centers.
(1) A school district may establish one or more truancy support centers for:
(a) truant minors taken into custody under Section 53G-6-208; or
(b) students suspended or expelled from school.
(2) A truancy support center shall provide services to the truant minor and the truant minor's family, including:
(a) assessments of the truant minor's needs and abilities;
(b) support for the parents and truant minor through counseling and community programs; and
(c) tutoring for the truant minor during the time spent at the center.
(3) For the suspended or expelled student, the truancy support center shall provide an educational setting, staffed with certified teachers and aides, to provide the student with ongoing educational programming appropriate to the student's grade level.
(4) In a district with a truancy support center, all students suspended or expelled from school shall be referred to the center. A parent shall appear with the student at the center within 48 hours of the suspension or expulsion, not including weekends or holidays. The student shall register and attend classes at the truancy support center for the duration of the suspension or expulsion unless the parent demonstrates that alternative arrangements have been made for the education or supervision of the student during the time of suspension or expulsion.
(5) The truancy support center may provide counseling and other support programming for students suspended or expelled from school and their parents.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 2 - Compulsory Education › Section 211 - Proceedings arising from failure to attend public school.

Effective 9/1/2021
53G-6-211.
Proceedings arising from failure to attend public school.
(1)
(a) When a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, arises from a minor's failure to attend public school based upon the assertion of a constitutional or statutory right or duty, raised either by the minor, or by the minor's parent, guardian, or custodian, the juvenile court shall hear the petition and resolve the issues associated with the asserted constitutional or statutory claims within 15 days after the day on which the petition is filed.
(b) The parties may waive the time limitation described in this subsection.
(2) Absent an emergency situation or other exigent circumstances, the juvenile court may not enter any order changing the educational status of the minor that existed at the time the petition was filed, until the hearing described in Subsection (1) is concluded.
(3) A party proceeding under this section shall, insofar as it is possible, provide the juvenile court with factual stipulations and make all other efforts that are reasonably available to minimize the time required to hear the claims described in Subsection (1).
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 3 - School District Residency › Section 304 - Recognition of guardianship.

Effective 1/24/2018
53G-6-304.
Recognition of guardianship.
(1) A document issued by other than a court of law which purports to award guardianship to a person who is not a legal resident of the jurisdiction in which the guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah court.
(2) The procedure for obtaining approval under Subsection (1) is the procedure required under Title 75, Chapter 5, Part 2, Guardians of Minors, for obtaining a court appointment of a guardian.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 3 - School District Residency › Section 305 - District paying tuition -- Effect on state aid.

Effective 5/14/2019
53G-6-305.
District paying tuition -- Effect on state aid.
(1) A local school board may by written agreement pay the tuition of a child attending school in a district outside the state. Both districts shall approve the agreement and file it with the state board.
(2) The average daily membership of the child may be added to that of other eligible children attending schools within the district of residence for the purpose of apportionment of state funds.
(3)
(a) The district of residence shall bear any excess tuition costs over the state's contribution for attendance in the district of residence unless otherwise approved in advance by the state board.
(b)
(i) If a child who resides in a Utah school district's boundaries attends school in a neighboring state under this section, the state board may make an out-of-state tuition payment to the Utah school district of residence.
(ii) If the state board approves the use of state funds for an out-of-state tuition payment described in Subsection (3)(b)(i), the state board shall use funds appropriated by the Legislature for necessarily existent small schools as described in Section 53F-2-304.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 3 - School District Residency › Section 306 - Permitting attendance by nonresident of the state -- Tuition.

Effective 5/3/2023
53G-6-306.
Permitting attendance by nonresident of the state -- Tuition.
(1) As used in this section:
(a) "Armed forces" means the same as that term is defined in Section 68-3-12.5.
(b) "Eligible student" means a student who is a dependent child of a member of uniformed services who is:
(i)
(A) relocating to the state and does not reside in the state during an LEA's enrollment period; or
(B) relocating out of the state during the school year; and
(ii) on permanent change of station orders.
(c) "Nonresident child" means a child residing outside the state.
(d) "Provisional enrollment" means enrollment in a public school by an eligible student:
(i) before the eligible student relocates to the state; or
(ii) after the eligible student's parent relocates out of the state, but before the eligible student relocates out of the state.
(e) "Uniformed services" means:
(i) the same as that term is defined in Section 68-3-12.5;
(ii) the reserve components of the armed forces; and
(iii) the national guard of a state.
(2)
(a) An LEA may permit a nonresident child to attend school within the district, giving priority to a child of a military service member, as that term is defined in Section 53B-8-102.
(b) With the exception of a child enrolled under Section 53G-6-707, a nonresident child is not included for the purpose of apportionment of state funds.
(3)
(a) An LEA shall charge a nonresident child who enrolls in a school within the LEA tuition in an amount at least equal to the per capita cost of the school program in which the nonresident child enrolls unless the LEA, in open meeting, determines to waive the charge for that nonresident child in whole or in part.
(b) The official minutes of the meeting described in Subsection (3)(a) shall reflect the LEA's determination to waive the charge described in Subsection (3)(a).
(4)
(a) Notwithstanding anything to the contrary in Subsection (3), an LEA shall allow an eligible student to:
(i) provisionally enroll in a public school in the LEA at the same time and in the same manner as individuals who reside in the state; or
(ii) provisionally enroll in virtual education options that the LEA provides in the same manner as an individual residing in the state.
(b) An LEA may not require proof of residency from an eligible student at the time the eligible student applies to enroll in a public school in the LEA.
(c) An LEA shall require proof of residence within 10 days after the eligible student's first day of residence in the state.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 4 - School District Enrollment › Section 404 - Denial of enrollment -- Appeal.

Effective 5/14/2019
53G-6-404.
Denial of enrollment -- Appeal.
(1) Denial of initial or continuing enrollment in a nonresident school may be appealed to the local school board of the nonresident district.
(2) The decision of the local school board shall be upheld in any subsequent proceedings unless the local school board's decision is found, by clear and convincing evidence, to be in violation of applicable law or regulation, or to be arbitrary and capricious.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 4 - School District Enrollment › Section 405 - Funding.

Effective 5/3/2023
53G-6-405.
Funding.
(1) A student who enrolls in a nonresident district is considered a resident of that district for purposes of state funding.
(2) The state board shall adopt rules providing that:
(a) the resident district pay the nonresident district, for each of the resident district's students who enroll in the nonresident district, 1/2 of the amount by which the resident district's per student expenditure exceeds the value of the state's contribution; and
(b) if a student is enrolled in a nonresident district for less than a full year, the resident district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage of school days the student is enrolled in the nonresident district.
(3)
(a) Except as provided in this Subsection (3), the parent of a nonresident student shall arrange for the student's own transportation to and from school.
(b) The state board may adopt rules under which a nonresident student may be transported to the student's school of attendance if:
(i) transportation relieves overcrowding or other serious problems in the district of residence;
(ii) the district of residence lacks sufficient transportation services;
(iii) the costs of transportation are reasonable;
(iv) there is available space on an approved route within the student's school of attendance; or
(v) the Legislature has granted an adequate specific appropriation for that purpose.
(c) Nothing in this section shall be construed as prohibiting the resident district or the receiving district from providing bus transportation on any approved route.
(d) Except as provided in Subsection (3)(b), the district of residence may not claim any state transportation costs for students enrolled in other school districts.
Amended by Chapter 252, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 4 - School District Enrollment › Section 406 - Graduation credits.

Effective 5/14/2019
53G-6-406.
Graduation credits.
(1) A nonresident district shall accept credits toward graduation that were awarded by a school accredited or approved by the state board or a regional accrediting body recognized by the U.S. Department of Education.
(2) A nonresident district shall award a diploma to a nonresident student attending school within the district during the semester immediately preceding graduation if the student meets graduation requirements generally applicable to students in the school.
(3) A district may not require that a student attend school within the district for more than one semester prior to graduation in order to receive a diploma.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 4 - School District Enrollment › Section 407 - Intradistrict transfers for students impacted by boundary changes -- Transportation of students who transfer within a district.

Effective 5/14/2019
53G-6-407.
Intradistrict transfers for students impacted by boundary changes -- Transportation of students who transfer within a district.
(1)
(a) In adjusting school boundaries, a local school board shall strive to avoid requiring current students to change schools and shall, to the extent reasonably feasible, accommodate parents who wish to avoid having their children attend different schools of the same level because of boundary changes which occur after one or more children in the family begin attending one of the affected schools.
(b) In granting interdistrict and intradistrict transfers to a particular school, the local school board shall take into consideration the fact that an applicant's brother or sister is attending the school or another school within the district.
(2)
(a) A district shall receive transportation money under Sections 53F-2-402 and 53F-2-403 for resident students who enroll in schools other than the regularly assigned school on the basis of the distance from the student's residence to the school the student would have attended had the intradistrict attendance option not been used.
(b) The parent of the student shall arrange for the student's transportation to and from school, except that the district shall provide transportation on the basis of available space on an approved route within the district to the school of the student's attendance if the student would be otherwise eligible for transportation to the same school from that point on the bus route and the student's presence does not increase the cost of the bus route.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 5 - Charter School Enrollment › Section 501 - Definitions.

Effective 5/14/2019
53G-6-501.
Definitions.
As used in this part:
(1) "Asset" means the same as that term is defined in Section 53G-5-102.
(2) "Board of trustees of a higher education institution" or "board of trustees" means the same as that term is defined in Section 53G-5-102.
(3) "Charter school authorizer" or "authorizer" means the same as that term is defined in Section 53G-5-102.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 6 - Preventing Enrollment or Transfer of Missing Children › Section 601 - Definitions.

Effective 5/3/2023
53G-6-601.
Definitions.
As used in this part:
(1) "Division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103.
(2) "Missing child" has the same meaning as provided in Section 26B-8-130.
(3) "State registrar" means the State Registrar of Vital Statistics within the Department of Health and Human Services.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 6 - Preventing Enrollment or Transfer of Missing Children › Section 602 - Identifying records -- Reporting requirements.

Effective 1/24/2018
53G-6-602.
Identifying records -- Reporting requirements.
(1) Upon notification by the division of a missing child in accordance with Section 53-10-203, a school in which that child is currently or was previously enrolled shall flag the record of that child in a manner that whenever a copy of or information regarding the record is requested, the school is alerted to the fact that the record is that of a missing child.
(2) The school shall immediately report any request concerning flagged records or knowledge as to the whereabouts of any missing child to the division.
(3) Upon notification by the division that a missing child has been recovered, the school shall remove the flag from that child's record.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 6 - Preventing Enrollment or Transfer of Missing Children › Section 604 - Requirement of school record for transfer of student -- Procedures.

Effective 1/24/2018
53G-6-604.
Requirement of school record for transfer of student -- Procedures.
(1) Except as provided in Section 53E-3-905, a school shall request a certified copy of a transfer student's record, directly from the transfer student's previous school, within 14 days after enrolling the transfer student.
(2)
(a) Except as provided in Subsection (2)(b) and Section 53E-3-905, a school requested to forward a certified copy of a transferring student's record to the new school shall comply within 30 school days of the request.
(b) If the record has been flagged pursuant to Section 53G-6-602, a school may not forward the record to the new school and the requested school shall notify the division of the request.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 7 - Other Public School Participation › Section 702 - Dual enrollment.

Effective 5/12/2020
53G-6-702.
Dual enrollment.
(1) As used in this section, "minor" means the same as that term is defined in Section 53G-6-201.
(2) A person having control of a minor who is enrolled in a regularly established private school or a home school may also enroll the minor in a public school for dual enrollment purposes.
(3) The minor may participate in any academic activity in the public school available to students in the minor's grade or age group, subject to compliance with the same rules and requirements that apply to a full-time student's participation in the activity.
(4)
(a) A student enrolled in a dual enrollment program in a district school is considered a student of the district in which the district school of attendance is located for purposes of state funding to the extent of the student's participation in the district school programs.
(b) A student enrolled in a dual enrollment program in a charter school is considered a student of the charter school for purposes of state funding to the extent of the student's participation in the charter school programs.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules for purposes of dual enrollment to govern and regulate the transferability of credits toward graduation that are earned in a private or home school.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 7 - Other Public School Participation › Section 706 - Placement of a home school student who transfers to a public school.

Effective 5/14/2019
53G-6-706.
Placement of a home school student who transfers to a public school.
(1) For the purposes of this section:
(a) "Home school student" means a student who attends a home school pursuant to Section 53G-6-204.
(b) "Parent" means the same as that term is defined in Section 53G-6-201.
(2) When a home school student transfers from a home school to a public school, the public school shall place the student in the grade levels, classes, or courses that the student's parent and in consultation with the school administrator determine are appropriate based on the parent's assessment of the student's academic performance.
(3)
(a) Within 30 days of a home school student's placement in a public school grade level, class, or course, either the student's teacher or the student's parent may request a conference to consider changing the student's placement.
(b) If the student's teacher and the student's parent agree on a placement change, the public school shall place the student in the agreed upon grade level, class, or course.
(c) If the student's teacher and the student's parent do not agree on a placement change, the public school shall evaluate the student's subject matter mastery in accordance with Subsection (3)(d).
(d) The student's parent has the option of:
(i) allowing the public school to administer, to the student, assessments that are:
(A) regularly administered to public school students; and
(B) used to measure public school students' subject matter mastery and determine placement; or
(ii) having a private entity or individual administer assessments of subject matter mastery to the student at the parent's expense.
(e) After an evaluation of a student's subject matter mastery, a public school may change a student's placement in a grade level, class, or course.
(4) This section does not apply to a student who is dual enrolled in a public school and a home school pursuant to Section 53G-6-702.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 7 - Other Public School Participation › Section 708 - Career and technical education program alternatives.

Effective 5/14/2019
53G-6-708.
Career and technical education program alternatives.
(1) A secondary student may attend a technical college described in Section 53B-2a-105 if the secondary student's career and technical education goals are better achieved by attending a technical college as determined by:
(a) the secondary student; and
(b) if the secondary student is a minor, the secondary student's parent.
(2) A secondary student served under this section by a technical college described in Section 53B-2a-105 shall be counted in the average daily membership of the sending school district or charter school.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 7 - Other Public School Participation › Section 709 - Participation of students with a disability in extracurricular activities.

Effective 5/14/2019
53G-6-709.
Participation of students with a disability in extracurricular activities.
(1) A student with a disability may not be denied the opportunity of participating in a public school program or extracurricular activity solely because of the student's age or disability, unless the participation threatens the health or safety of the student.
(2) The school district or charter school, in cooperation with the Utah Department of Health shall establish criteria used to determine the health and safety factor.
(3) Subsection (1) applies to a student who:
(a) has not graduated from high school with a regular diploma; and
(b) is under the age of 22, if participation is recommended by the student's individualized education program team.
Renumbered and Amended by Chapter 187, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 7 - Other Public School Participation › Section 710 - Home-centered, school-supported enrollment option.

Effective 5/3/2023
53G-6-710.
Home-centered, school-supported enrollment option.
(1) As used in this section:
(a) "Home-centered, school-supported enrollment option" means an enrollment option for an LEA that allows participating students to:
(i) complete the course work for one or more courses or subject areas from home during part of the school day; and
(ii) attend in-person instruction for the remainder of the school day.
(b) "Local education agency" or "LEA" means a school district or charter school.
(c) "Participating student" means a student who is:
(i) enrolled in an LEA; and
(ii) approved to participate in a home-centered, school-supported enrollment option provided by the LEA.
(2)
(a) An LEA may provide a home-centered, school-supported enrollment option.
(b) An LEA that provides a home-centered, school-supported enrollment option shall:
(i) establish standards and requirements for student participation;
(ii) provide the instructional materials to be used by a participating student;
(iii) provide a participating student's parent with resources the LEA considers appropriate to assist in parent involvement with student learning;
(iv) develop assessments to measure a participating student's academic progress;
(v) administer the assessments described in Subsection (2)(b)(iv) to a participating student, subject to Subsection 53G-6-803(9); and
(vi) monitor compliance with the standards and requirements established under Subsection (2)(b)(i).
(3) A student who attends a home school pursuant to Section 53G-6-204 is not eligible to participate in a home-centered, school-supported enrollment option.
(4) A participating student is subject to a statewide assessment, as defined in Section 53E-4-301, to the same extent as a student who is not participating.
(5) A student's participation in a home-centered, school-supported enrollment option provided by an LEA does not reduce or otherwise affect enrollment count for purposes of computing the LEA's Minimum School Program funds under Title 53F, Chapter 2, State Funding -- Minimum School Program.
Enacted by Chapter 60, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 8 - Parental Rights › Section 801 - Definitions.

Effective 5/14/2019
53G-6-801.
Definitions.
As used in this part:
(1) "Federal law" means:
(a) a statute passed by the Congress of the United States; or
(b) a final regulation:
(i) adopted by an administrative agency of the United States government; and
(ii) published in the code of federal regulations or the federal register.
(2) "Reasonably accommodate" means an LEA shall make its best effort to enable a parent to exercise a parental right specified in Section 53G-6-803:
(a) without substantial impact to staff and resources, including employee working conditions, safety and supervision on school premises and for school activities, and the efficient allocation of expenditures; and
(b) while balancing:
(i) the parental rights of parents;
(ii) the educational needs of other students;
(iii) the academic and behavioral impacts to a classroom;
(iv) a teacher's workload; and
(v) the assurance of the safe and efficient operation of a school.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 8 - Parental Rights › Section 802 - Annual notice of parental rights.

Effective 5/14/2019
53G-6-802.
Annual notice of parental rights.
(1) An LEA shall annually notify a parent of a student enrolled in the LEA of the parent's rights as specified in this part.
(2) An LEA satisfies the notification requirement described in Subsection (1) by posting the information on the LEA's website or through other means of electronic communication.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 8 - Parental Rights › Section 804 - Parent access to learning management system for online courses -- Training.

Effective 5/5/2021
53G-6-804.
Parent access to learning management system for online courses -- Training.
(1) As used in this section:
(a) "Learning management system" means a software application for the administration, documentation, tracking, reporting, automation, or delivery of an online course.
(b) "Online course" means a course that an LEA provides to a student over the Internet.
(2) An LEA that uses a learning management system for an online course shall provide:
(a) to the parent of a student enrolled in the online course, access to the learning management system, including, at a minimum:
(i) the curriculum used for the course; and
(ii) information about the progress and learning of the parent's student, including assessment results; and
(b) to a student enrolled in the course and the student's parent, training or orientation to help the student and student's parent understand how to access:
(i) the learning management system;
(ii) the online course; and
(iii) any online tools used to deliver the online course or instruction.
Enacted by Chapter 324, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 8 - Parental Rights › Section 805 - Parental right to school comparison.

Effective 5/3/2023
53G-6-805.
Parental right to school comparison.
(1) Parents have the right to compare public school performance in a given area.
(2) The state board shall provide an online tool that allows parents to:
(a) search for public schools within a given radius of a specific location or within the boundaries of a public school district; and
(b) view a side-by-side comparison of data related to the public schools in the area described in Subsection (2)(a), including the indicators required in Subsection 53E-5-211(1).
(3) The state board shall include the information provided under this section in the parent portal required under Section 53G-6-806.
Amended by Chapter 70, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 8 - Parental Rights › Section 806 - Parent portal.

Effective 5/3/2023
53G-6-806.
Parent portal.
(1) As used in this section:
(a) "Parent portal" means the posting the state board is required to provide under this section.
(b) "School" means a public elementary or secondary school, including a charter school.
(2)
(a) The state board shall post information that allows a parent of a student enrolled in a school to:
(i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
(ii) be informed of resources and steps to follow when a student has been the subject, perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or abusive conduct such as:
(A) resources for the student, including short-term mental health services;
(B) options for the student to make changes to the student's educational environment;
(C) options for alternative school enrollment;
(D) options for differentiated start or stop times;
(E) options for differentiated exit and entrance locations; and
(F) the designated employee for an LEA who addresses incidents of bullying, cyber-bullying, hazing, retaliation, and abusive conduct;
(iii) be informed of the steps and resources for filing a grievance with a school or LEA regarding bullying, cyber-bullying, hazing, or retaliation;
(iv) be informed of the steps and resources for seeking accommodations under the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq;
(v) be informed of the steps and resources for seeking accommodations under state or federal law regarding religious accommodations;
(vi) be informed of the steps and resources for filing a grievance for an alleged violation of state or federal law, including:
(A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
(B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
(C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
(D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12131-12165;
(vii) receive information about constitutional rights and freedoms afforded to families in public education;
(viii) be informed of how to access an internal audit hotline if established by the state board; and
(ix) be informed of services for military families.
(b) In addition to the information required under Subsection (2)(a), the state board:
(i) shall include in the parent portal the comparison tool created under Section 53G-6-805; and
(ii) may include in the parent portal other information that the state board determines is helpful to parents.
(3)
(a) The state board shall post the parent portal at a location that is easily located by a parent.
(b) The state board shall update the parent portal at least annually.
(4) An LEA shall annually notify each of the following of how to access the parent portal:
(a) a parent of a student; and
(b) a teacher, principal, or other professional staff within the LEA.
Enacted by Chapter 70, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 8 - Parental Rights › Section 807 - Parent engagement specialist.

Effective 5/3/2023
53G-6-807.
Parent engagement specialist.
(1)
(a) The state superintendent shall appoint an individual as a parent engagement specialist after:
(i) posting the position publicly; and
(ii) reviewing and consulting with the state board leadership about the appointment.
(b) The individual appointed under this section shall preferably have experience:
(i) working to constructively engage parents in guiding the parents' student's education;
(ii) understanding research on education outcomes; and
(iii) understanding laws pertaining to parental rights in education.
(2) The parent engagement specialist shall respond to parent communications directed to the state board by:
(a) maintaining and revising on behalf of the state board the parent portal required by Section 53G-6-806;
(b) responding to questions and complaints to the state board regarding parent rights and opportunities within the state's education system; and
(c) helping parents to navigate available complaint processes provided through the state board, at the LEA level, or at the public school level.
(3) The parent engagement specialist shall provide guidance and outreach to LEAs and public schools across the state by:
(a) providing training and materials to LEAs and public schools regarding successful parent engagement strategies; and
(b) sharing research on parent engagement practices shown to contribute to student attendance and success.
(4) In performing the parent engagement specialist's activities, the parent engagement specialist shall comply with Section 53E-2-201.
Enacted by Chapter 70, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 9 - Participation in Female Sports › Section 901 - Definitions.

Effective 7/1/2022
53G-6-901.
Definitions.
As used in this part:
(1) "Coed" or "mixed" means that a team is composed of members of both sexes who traditionally compete together.
(2) "Interscholastic athletic activity" means that a student represents the student's school or LEA in competition against another school or LEA in an athletic or sporting activity.
(3) "Sex" means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.
Enacted by Chapter 478, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 9 - Participation in Female Sports › Section 902 - Participation in school athletic activities.

Effective 7/1/2022
53G-6-902.
Participation in school athletic activities.
(1) Notwithstanding any state board rule:
(a) a public school or LEA, or a private school that competes against a public school or LEA, shall expressly designate school athletic activities and teams as one of the following, based on sex:
(i) designated for students of the male sex;
(ii) designated for students of the female sex; or
(iii) "coed" or "mixed";
(b) a student of the male sex may not compete, and a public school or LEA may not allow a student of the male sex to compete, with a team designated for students of the female sex in an interscholastic athletic activity; and
(c) a government entity or licensing or accrediting organization may not entertain a complaint, open an investigation, or take any other adverse action against a school or LEA described in Subsection (1)(a) for maintaining separate school athletic activities for students of the female sex.
(2) Nothing in this section prohibits an LEA or school from allowing a student of either gender from participating with a team designated for students of the female sex, consistent with school policy, outside of competition in an interscholastic athletic activity, in accordance with Subsection (1)(b).
Enacted by Chapter 478, 2022 General Session
Technically renumbered to avoid duplication of enacted Section also enacted in HB 11, Chapter 478.