DAR File No. 43967

Education, Administration

Rule R277-607

Truancy Prevention

Notice of Proposed Rule

(Amendment)

DAR File No.: 43967
Filed: 08/08/2019 02:34:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule directs a local education agency (LEA) to create policies for truancy procedures and compulsory education.

Summary of the rule or change:

This rule is being amended to update the authority and purpose of this rule. The definitions have been updated to align with truancy prevention guidelines. The truancy policy requirements and the compulsory education procedures have been amended to align with the authority and purpose of this rule.

Statutory or constitutional authorization for this rule:

• Section 53G-6-206
• Article X Section 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These rule changes include formatting and technical changes, but no substantive changes.

local governments:

These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. These rule changes include formatting and technical changes, but no substantive changes.

small businesses:

These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is on school truancy prevention and thus does not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. These rule changes include formatting and technical changes, but no substantive changes.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2019

This rule may become effective on:

10/08/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-607. 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 directs educational entities and parents working on behalf of children to make efforts to resolve school attendance problems of school-age minors who are or who should be enrolled in an LEA.

(2) The purpose of this rule is to direct an LEA to create policies for truancy procedures and compulsory education.

 

R277-607-[1]2. Definitions.

[A.](1) "Absence" means the same as that term is defined in Subsection 53G-6-201(1)[ a student's non-attendance at school for one school day or part of one school day].

[B.](2) "Habitual truant" means the same as that term is defined in Subsection 53G-6-201(2)[a school-age minor who:

(1) is at least 12 years old;

(2) is subject to the requirements of Section 53G-6-202; and

(3)(a) is truant at least five times during one school year; and

(b) fails to cooperate with efforts on the part of school authorities to resolve the minor's attendance problem as required under Section 53G-6-206].

[C.](3) "Habitual truant citation" is a citation issued only consistent with Section 53G-6-203.

[D. "IEP team" means an local education agency representative, a parent, a regular and special education educator, and person qualified to interpret evaluation results, in accordance with the Individuals with Disabilities Education Act (IDEA).

E. "LEA" means a local education agency, including local school boards/public school districts and charter schools.]

[F.](4) "Truant" means the same as that term is defined in Subsection 53G-6-201(7)[absent without a valid excuse].

[G.](5) "Unexcused absence" means a student's absence from school for reasons other than those authorized under the LEA policy.

[H. "USOE" means the Utah State Office of Education.]

[I.](6) "Valid excuse" means the same as that term is defined in[an excuse for an absence from school consistent with] Subsection 53G-6-201(9).

 

[R277-607-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Subsection 53E-3-401(4), which permits the Board to adopt rules in accordance with its responsibilities, and Section 53G-6-206 which directs educational entities and parents working on behalf of children to make efforts to resolve school attendance problems of school-age minors who are or should be enrolled in LEAs.

B. The purpose of this rule is to direct LEAs to establish procedures for:

(1) informing parents about compulsory education laws;

(2) encouraging and monitoring school attendance consistent with the law; and

(3) providing firm consequences for noncompliance.

C. This rule encourages meaningful incentives for parental responsibility and directs LEAs to establish ongoing truancy prevention procedures in schools especially for students in grades 1-8.]

 

R277-607-3. [General Provisions]Truancy Policy Requirements.

[A. Each LEA board](1) An LEA shall:

(a) develop a truancy policy that encourages regular, punctual attendance of students, consistent with Section 53G-8-211 and Title 53G Public Education System -- Local Administration, Chapter 6 Participation in Public Schools, Part 2 Compulsory Education[this rule and Title 53G, Chapter 6, Part 2, Compulsory Education, and shall];

(b) review the LEA's truancy policy annually;[.]

[B. LEA boards shall annually](c) review attendance data annually and consider revisions to [policies]the truancy policy to encourage student attendance; and[.]

[C. LEAs shall](d) make the truancy policy[ies] available for review by parents or interested parties.

[D. LEAs](2) An LEA may issue a habitual truant citation[s] to a student[s] consistent with the LEA's truancy policy and Section 53G-6-203.

 

R277-607-4. [LEA Responsibilities]Compulsory Education Procedures.

[A. LEAs shall:](1) An LEA shall develop compulsory education procedures as part of the LEA's truancy policy described in Section R277-607-3.

(2) The compulsory education procedures shall:

(a) provide a process for notice to parents about the truancy policy;

(b) require notice to parents regarding the progress of a student's discipline and consequences for violation of the truancy policy;

(c) provide an appeals process to contest:

(i) a notice of truancy; or

(ii) any disciplinary actions against a student pursuant to the truancy policy or;

[(1)](d) establish definitions not provided in law or this rule necessary to implement the truancy policy and compulsory education procedures[a compulsory attendance policy];

[(2)](e) include definitions of "approved school activity" under Subsection 53G-6-201(9)(c) and "any other excuse"[excused absence to be provided locally] under Subsection 53G-6-201(9)(e);

[(3)](f) include criteria and procedures for preapproval of extended absences consistent with Section 53G-6-205; and

[(4)](g) establish programs and meaningful incentives which promote regular, punctual student attendance.

[B. LEAs shall include in their policies provisions for:

(1) notice to parents of the policy;

(2) notice to parents as discipline or consequences progress; and

(3) the opportunity to appeal disciplinary measures.

C. LEAs shall establish and publish procedures for use by school-age minors or their parents to contest notices of truancy.]

(3) An LEA shall publish the appeals process described in Subsection R277-607-4(2)(c) for use by a student or the student's parents.

 

KEY: compulsory education, truancy

Date of Enactment or Last Substantive Amendment: [October 9, 2014]2019

Notice of Continuation: September 2, 2014

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