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S.B. 59
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on
Tue, Feb 15, 2005 at 3:20 PM by smaeser. -->
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on
Wed, Feb 16, 2005 at 12:29 PM by rday. -->
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HOME SCHOOL AMENDMENTS
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Mark B. Madsen
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LONG TITLE
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General Description:
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This bill modifies procedures for exempting minors who are home schooled from
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attendance at a public or regularly established private school.
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Highlighted Provisions:
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This bill:
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. requires a local board of education, on an annual basis, to excuse a school-age
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minor from school attendance if the minor's parent files a signed affidavit that the
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minor will attend a home school and receive instruction:
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. in the subjects the State Board of Education requires to be taught in public
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schools; and
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. for the same length of time as minors are required to receive instruction in
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public schools;
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. provides that, subject to the instructional requirements for home schooled minors in
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state law, the parent of a minor attending a home school is solely responsible for:
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. the selection of instructional materials and textbooks;
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. the time, place, and method of instruction; and
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. the evaluation of the home school instruction; and
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. prohibits a local school board from:
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. requiring a parent of a minor who attends a home school to maintain records of
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instruction or attendance;
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. requiring credentials for individuals providing home school instruction;
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. inspecting home school facilities; or
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. requiring standardized or other testing of home school students.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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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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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) (a) 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
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any of the following reasons:
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[(a)] (i) a minor over age 16 may receive a partial release from school to enter
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employment if the minor has completed the eighth grade[. Minors excused under this
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subsection are required to attend part-time schooling or home schooling as prescribed by the
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board]; or
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[(b)] (ii) on an annual basis, a minor may receive a full release from attending a public,
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regularly established private, or part-time school or class if:
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[(i)] (A) the minor has already completed the work required for graduation from high
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school, or has demonstrated mastery of required skills and competencies in accordance with
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Subsection
53A-15-102
(1);
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[(ii) the minor is taught at home in the subjects prescribed by the State Board of
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Education in accordance with the law for the same length of time as minors are required by law
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to be taught in the district schools;]
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[(iii)] (B) the minor is in a physical or mental condition, certified by a competent
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physician if required by the district board, which renders attendance inexpedient and
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impracticable;
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Senate 3rd Reading Amendments 2-16-2005 rd/dsl
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[(iv)] (C) 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)] (D) 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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(b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
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required to attend:
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(i) school part-time as prescribed by the local school board; or
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(ii) a home school part-time.
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[(2)] (c) In each case, evidence of reasons for granting an exemption under Subsection
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(1) must be sufficient to satisfy the local board.
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(2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
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local board of education and a parent exempted from application of Subsections
53A-11-101
(2)
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and (3), if the minor's parent files a signed affidavit with the minor's school district of
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residence, as defined in Section
53A-2-201
, that the minor will attend a home school and
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receive instruction as required by Subsection (2)(b).
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(b) Each minor who attends a home school shall receive instruction:
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(i) in the subjects the State Board of Education requires to be taught in public schools S. in
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accordance with the law .S ;
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and
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(ii) for the same length of time as minors are required S. by law .S to receive instruction
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in public
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schools, as provided by rules of the State Board of Education.
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(c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
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home school is solely responsible for:
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(i) the selection of instructional materials and textbooks;
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(ii) the time, place, and method of instruction, and
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(iii) the evaluation of the home school instruction.
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(d) A local school board may not:
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(i) require a parent of a minor who attends a home school to maintain records of
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instruction or attendance;
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(ii) require credentials for individuals providing home school instruction;
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(iii) inspect home school facilities; or
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Senate 2nd Reading Amendments 2-15-2005 sm/dsl
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(iv) require standardized or other testing of home school students.
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(3) Boards excusing minors from attendance as provided by Subsections (1) and (2)
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shall issue a certificate stating that the minor is excused from attendance during the time
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specified on the certificate.
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S. (4) Nothing in this section may be construed to prohibit or discourage voluntary
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cooperation, resource sharing, or testing opportunities between a school or school district and
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a parent or guardian of a minor attending a home school. .S
Legislative Review Note
as of 1-6-05 1:54 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.