Title 53G, Public Education System -- Local Administration

53G-6-1005. Reasonable accommodations. Nothing in this part prohibits an athletic association, LEA, or school from adopting reasonable safety and privacy rules and policies that designate facilities, including restrooms, shower facilities, and dressing facilitiesif the rules and …

53G-6-1006. Severability. (1) If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this part shall be given effect without the invali…

53G-6-1007. Indemnification -- Enforcement. (1) The attorney general shall defend and the state shall indemnify and hold harmless a person acting under color of state law to enforce this part for any claims or damages, including court costs and attorney fees, that: (a) arise as a…

53G-6-101. Title. This chapter is known as "Participation in Public Schools."

53G-6-102. Definitions. Reserved

53G-6-1101. Report -- Action plan. (1) As used in this section: (a) "Gender-designated interscholastic sport" means a sport that is specifically designated for female or male students. (b) "Interscholastic sport" means an activity in which a student represents the student's schoo…

53G-6-201. Definitions. As used in this part: (1) "Absence" or "absent" means: (a) for a student enrolled in an attendance validated program, the failure of a school-age child assigned to a class or class period to attend the class or class period for a given day or class period;…

53G-6-202. Compulsory education. (1) As used in this section: (a) "Intentionally" means the same as that term is defined in Section 76-2-103. (b) "Notice of compulsory education violation" means a notice issued in accordance with Subsections (3) and (4). (c) "Remainder of the sch…

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) I…

53G-6-204. School-age children exempt from school attendance. (1)(a) A local school board or charter school governing board may excuse a school-age child from attendance for any of the following reasons: (i) a school-age child over 16 years old may receive a partial release from …

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 governi…

53G-6-206. Duties of a local school board, charter school governing board, or school district in promoting regular attendance -- Parental involvement -- Liability not imposed -- Report to state board. (1)(a) As used in this section, "intervention" means a series of non-punitive a…

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.

53G-6-208. Taking custody of a person believed to be a truant minor -- Disposition -- Reports -- Immunity from liability. (1) Except during the period between March 17, 2021, and June 1, 2022, a peace officer or public school administrator may take a minor into temporary custody …

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…

53G-6-210. Educational neglect of a minor -- Procedures -- Defenses. (1) With regard to a minor who is the subject of a petition under Section 80-3-201 based on educational neglect: (a) if allegations include failure of a minor to make adequate educational progress, the juvenile …

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 rig…

53G-6-212. Home-based microschool and micro-education entity waivers and exemptions. (1) A home-based microschool or micro-education entity: (a) may form to provide education services to school-age children; and (b) is not an LEA, a public school, or otherwise a part of the publi…

53G-6-213. Attendance-based grading. (1) A teacher may include up to 10% of a student's final grade in a course in grades 7 through 12 based on the student's attendance in the class. (2) An LEA may adopt a policy that permits attendance to account for more than 10% but not more t…

53G-6-214. Data quality and monitoring requirements. (1) An LEA shall: (a) ensure the LEA's student information system accurately captures and reports student enrollment, attendance, and membership data; and (b) conduct an annual internal review of attendance data accuracy. (2) T…

53G-6-215. LEA accountability measures. (1) An LEA shall: (a) establish written policies and procedures for attendance tracking, intervention, and enforcement that comply with state law; (b) train all relevant staff on attendance policies and procedures annually; (c) ensure consi…

53G-6-301. Definitions. Reserved

53G-6-302. Child's school district of residence -- Determination -- Responsibility for providing educational services. (1) As used in this section: (a) "Health care facility" means the same as that term is defined in Section 26B-2-201. (b) "Human services program" means the same …

53G-6-303. Guardianship for residency purposes by responsible adult -- Procedure to obtain -- Termination. (1) For purposes of this part, "responsible adult" means a person 21 years old or older who is a resident of this state and is willing and able to provide reasonably adequat…

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 ap…

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 d…

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 the uniformed servi…

53G-6-401. Definitions. As used in Sections 53G-6-402 through 53G-6-407: (1) "Early enrollment" means: (a) except as provided in Subsection (1)(b), application prior to the third Friday in February for admission for the next school year to a school that is not a student's school …

53G-6-402. Open enrollment options -- Procedures -- Processing fee -- Continuing enrollment. (1) Each local school board is responsible for providing educational services consistent with Utah state law and rules of the state board for each student who resides in the district and,…

53G-6-403. Policies for acceptance and rejection of applications. (1)(a) A local school board shall adopt policies governing acceptance and rejection of applications required under Section 53G-6-402. (b) The policies adopted under Subsection (1)(a) shall include policies and proc…

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…

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) except as provided in Subsection (2)(b): (i) the resident district pay the no…

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…

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 …

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…

53G-6-502. Eligible students. (1) As used in this section: (a) "At capacity" means operating above the school's open enrollment threshold. (b) "Open enrollment threshold" means the same as that term is defined in Section 53G-6-401. (c) "Refugee" means a person who is eligible to …

53G-6-503. Charter school students -- Admissions procedures -- Transfers. (1) As used in this section: (a) "Nonresident school district" means a school district other than a student's school district of residence. (b) "School district of residence" means a student's school distri…

53G-6-504. Approval of increase in charter school enrollment capacity -- Expansion. (1) For the purposes of this section: (a) "High growth area" means an area of the state where school enrollment is significantly increasing or projected to significantly increase. (b) "Next school…

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) "Sta…

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 whene…

53G-6-603. Requirement of birth certificate for enrollment of students -- Procedures. (1) As used in this section: (a) "Child trafficking" means: (i) human trafficking of a child for labor in violation of Section 76-5-308.5; or (ii) human trafficking of a child for commercial sex…

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. (2)(a)(i) Except as provided i…

53G-6-701. Definitions. As used in this part, "fee" means the same as that term is defined in Section 53G-7-501.

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 sc…

53G-6-703. Private school and home school students' participation in extracurricular activities in a public school. (1) As used in this section: (a) "Academic eligibility requirements" means the academic eligibility requirements that a home school student is required to meet to p…

53G-6-704. Charter school students' participation in extracurricular activities at other public schools. (1) As used in this section: (a) "Association" means the same as that term is defined in Section 53G-7-1101. (b) "Extracurricular activity" means the same as that term is defi…