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H.B. 410
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EDUCATION ALTERNATIVES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Bill Wright
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AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT FOR PURPOSES OF
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COMPULSORY EDUCATION A PARENT MAY EXERCISE DISCRETION BY SENDING
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THE MINOR TO A PUBLIC SCHOOL OR PROVIDING NOTICE TO SCHOOL
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AUTHORITIES THAT THE MINOR IS ATTENDING A REGULARLY ESTABLISHED
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PRIVATE SCHOOL OR BEING HOME SCHOOLED.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-11-102, as last amended by Chapter 99, Laws of Utah 1999
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53A-11-904, as last amended by Chapter 74, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-11-102
is amended to read:
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53A-11-102. Minors exempt from school attendance.
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(1) In the absence of demonstrated educational neglect in juvenile court, a parent's exercise
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of discretion regarding the type and nature of education provided for a minor is not subject to more
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than either:
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(a) the minor's attendance at a public school; or
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(b) the parent providing notice to the school district in which the student resides and the
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State Office of Education that the minor is attending a regularly established private school or being
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home schooled.
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[(1)] (2) A school-age minor may be excused from attendance by the local board of
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education and a parent exempted from application of Subsections
53A-11-101
(2) and (3) for any
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of the following reasons:
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(a) a minor over age 16 may receive a partial release from school to enter employment if
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the minor has completed the eighth grade. Minors excused under this subsection are required to
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attend part-time schooling or home schooling as prescribed by the board; or
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(b) on an annual basis, a minor may receive a full release from attending a public, regularly
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established private, or part-time school or class if:
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(i) the minor has already completed the work required for graduation from high school,
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or has demonstrated mastery of required skills and competencies in accordance with Subsection
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53A-15-102
(1);
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[(ii) the minor is taught at home in the subjects prescribed by the State Board of Education
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in accordance with the law for the same length of time as minors are required by law to be taught
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in the district schools;]
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[(iii)] (ii) the minor is in a physical or mental condition, certified by a competent physician
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if required by the district board, which renders attendance inexpedient and impracticable;
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[(iv)] (iii) proper influences and adequate opportunities for education are provided in
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connection with the minor's employment; or
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[(v)] (iv) the district superintendent has determined that a minor over the age of 16 is
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unable to profit from attendance at school because of inability or a continuing negative attitude
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toward school regulations and discipline.
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[(2)] (3) In each case, evidence of reasons for granting an exemption must be sufficient
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to satisfy the local board.
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[(3)] (4) Boards excusing minors from attendance shall issue a certificate stating that the
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minor is excused from attendance during the time specified on the certificate.
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Section 2.
Section
53A-11-904
is amended to read:
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53A-11-904. Grounds for suspension or expulsion from a public school.
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(1) A student may be suspended or expelled from a public school for any of the following
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reasons:
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(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
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behavior, including the use of foul, profane, vulgar, or abusive language;
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(b) willful destruction or defacing of school property;
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(c) behavior or threatened behavior which poses an immediate and significant threat to the
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welfare, safety, or morals of other students or school personnel or to the operation of the school;
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(d) possession, control, or use of an alcoholic beverage as defined in Section
32A-1-105
;
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or
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(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
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school or school property, to a person associated with the school, or property associated with any
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such person, regardless of where it occurs.
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(2) (a) A student shall be suspended or expelled from a public school for any of the
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following reasons:
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(i) any serious violation affecting another student or a staff member, or any serious
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violation occurring in a school building, in or on school property, or in conjunction with any
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school activity, including the possession, control, or actual or threatened use of a real, look alike,
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or pretend weapon, explosive, or noxious or flammable material under Section
53A-3-502
, or the
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sale, control, or distribution of a drug or controlled substance as defined in Section
58-37-2
, an
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imitation controlled substance defined in Section
58-37b-2
, or drug paraphernalia as defined in
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Section
58-37a-3
; or
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(ii) the commission of an act involving the use of force or the threatened use of force
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which if committed by an adult would be a felony or class A misdemeanor.
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(b) A student who commits a violation of Subsection (2)(a) involving a real, look alike,
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or pretend firearm, explosive, or flammable material shall be expelled from school for a period of
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not less than one year, unless the district superintendent determines, on a case-by-case basis, that
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a lesser penalty would be more appropriate.
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(3) A student may be denied admission to a public school on the basis of having been
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expelled from that or any other school during the preceding 12 months.
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(4) A suspension or expulsion under this section is not subject to the age limitations under
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Subsection
53A-11-102
[(1)] (2).
Legislative Review Note
as of 2-4-00 9:57 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.