School Excused Absence Amendments

4
53G-6-201
0
School Excused Absence Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill amends a definition related to a student being excused from school.
Highlighted Provisions:
This bill:
amends a definition related to a student being excused from school; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-6-201
, as last amended by Laws of Utah 2025, Chapter 34
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-6-201
is amended to read:
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)
(a)
"Home-based microschool" means an individual or association of individuals that:
(i)
registers as a business entity in accordance with state and local laws; and
(ii)
for compensation, provides kindergarten through grade 12 education services to
16 or fewer students from an individual's residential dwelling, accessory dwelling
unit, or residential property.
(b)
"Home-based microschool" does not include a daycare.
(4)
"Instructor" means an individual who teaches a student as part of a home-based
microschool or micro-education entity.
(5)
(a)
"Micro-education entity" means a person or association of persons that:
(i)
registers as a business entity in accordance with state and local laws; and
(ii)
for compensation, provides kindergarten through grade 12 education services to
100 students or fewer.
(b)
"Micro-education entity" does not include:
(i)
a daycare;
(ii)
a home-based microschool;
(iii)
a private school; or
(iv)
a school within the public education system.
(6)
"Minor" means an individual who is under 18 years old.
(7)
"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
(7)(a)
or
(b)
.
(8)
"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.
(9)
"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.
(10)
"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.
(11)
(a)
"Truant" means a condition in which a school-age child, without a valid excuse,
and subject to Subsection
(11)(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.
(12)
"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.
(13)
(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)
competition in a rodeo sanctioned by an international, non-profit organization
dedicated to the development of sportsmanship, horsemanship, and character in
youth through the sport of rodeo;
(vii)
any reason a parent provides to justify a student's absence if the student
maintains a cumulative grade point average of at least 2.0, including an event
related to participation in the following clubs:
(A)
mountain biking;
(B)
shooting sports; or
(C)
a youth development program Utah State University administers, which
provides educational experiences in areas including agriculture, science,
technology, engineering, mathematics, civic engagement, leadership, and
healthy living through hands-on learning, mentoring, and community-based
clubs or activities;
(vii)
(viii)
an absence permitted in accordance with Subsection
53G-6-803(5)
; or
(viii)
(ix)
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 (13)(a)(i) through (vii)
Subsections
(13)(a)(i)
through (viii)
, unless specifically permitted by the local school board,
charter school governing board, or school district under
Subsection (13)(a)(viii)
Subsection
(13)(a)(ix)
.
Section 2.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-11-26 10:39 AM