Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              H.B. 391
Approved for Filing: S. Larson 6                                1st Sub. (Buff)
          6 02-04-24 7:43 PM 6
                    Representative Paul A. Cutler proposes the following substitute bill:
                          STUDENT TRANSFER AMENDMENTS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Paul A. Cutler
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill addresses what a local education agency is required to do when a home school
 student transfers to a public school within the local education agency.
 Highlighted Provisions:
        This bill:
        < requires each local education agency to create:
            C    a policy regarding the transfer of a home school student to a school within the
 local education agency; and
            C    a procedure that ensures that, if a school rejects a nonresident student entry, the
 parent of the student is given an explanation in writing for the denial; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None                                                                                           1st Sub. H.B. 391
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53G-6-204, as last amended by Laws of Utah 2023, Chapter 162
     *HB0391S01*
       1st Sub. (Buff) H.B. 391                                                   02-04-24 7:43 PM
         53G-6-402, as last amended by Laws of Utah 2023, Chapter 44
27
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 53G-6-204 is amended to read:
         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 age 16 may receive a partial release from school to enter
 employment, or attend a trade school, if the school-age child has completed grade 8; or
         (ii) on an annual basis, a school-age child may receive a full release from attending a
 public, regularly established private, or part-time school or class if:
         (A) the school-age child has already completed the work required for graduation from
 high school;
         (B) the school-age child is in a physical or mental condition, certified by a competent
 physician if required by the local school board or charter school governing board, which
 renders attendance inexpedient and impracticable;
         (C) proper influences and adequate opportunities for education are provided in
 connection with the school-age child's employment; or
         (D) the district superintendent or charter school governing board has determined that a
 school-age child over the age of 16 is unable to profit from attendance at school because of
 inability or a continuing negative attitude toward school regulations and discipline.
         (b) A school-age child receiving a partial release from school under Subsection
 (1)(a)(i) is required to attend:
         (i) school part time as prescribed by the local school board or charter school governing
 board; or
         (ii) a home school part time.
         (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
 must be sufficient to satisfy the local school board or charter school governing board.
         (d) A local school board or charter school governing board that excuses a school-age
 child from attendance as provided by this Subsection (1) shall issue a certificate that the child
 is excused from attendance during the time specified on the certificate.
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       02-04-24 7:43 PM                                                    1st Sub. (Buff) H.B. 391
        (2) (a) (i) As used in this Subsection (2)(a), "child abuse" means a criminal felony or
 attempted felony offense of which an individual is convicted, or to which an individual pleads
 guilty or no contest, for conduct that constitutes any of the following:
        (A) child abuse under Section 76-5-109;
        (B) aggravated child abuse under Section 76-5-109.2;
        (C) child abandonment under Section 76-5-109.3;
        (D) commission of domestic violence in the presence of a child under Section
 76-5-114;
        (E) child abuse homicide under Section 76-5-208;
        (F) child kidnapping under Section 76-5-301.1;
        (G) human trafficking of a child under Section 76-5-308.5;
        (H) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in Title 76,
 Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years old;
        (I) sexual exploitation of a minor under Section 76-5b-201;
        (J) aggravated sexual exploitation of a minor under Section 76-5b-201.1; or
        (K) an offense in another state that, if committed in this state, would constitute an
 offense described in this Subsection (2)(a)(i).
        (ii) Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a
 school-age child from attendance, if the school-age child's parent or legal guardian files a
 signed and notarized affidavit with the school-age child's school district of residence, as
 defined in Section 53G-6-302, that:
        (A) the school-age child will attend a home school; and
        (B) the parent or legal guardian assumes sole responsibility for the education of the
 school-age child, except to the extent the school-age child is dual enrolled in a public school as
 provided in Section 53G-6-702.
        (iii) If a parent or legal guardian has been convicted of child abuse or if a court of
 competent jurisdiction has made a substantiated finding of child abuse against the parent or
 legal guardian:
        (A) the parent or legal guardian may not assume responsibility for the education of a
 school-age child under Subsection (2)(a)(ii); and
        (B) the local school board may not accept the affidavit described in Subsection
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        1st Sub. (Buff) H.B. 391                                                    02-04-24 7:43 PM
 (2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age child from
 attendance under Subsection (2)(a)(ii) in relation to the parent's or legal guardian's intent to
 home school the child.
        (iv) Nothing in this Subsection (2)(a) affects the ability of another of a child's parents
 or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the affidavit
 described in Subsection (2)(a)(ii).
        (b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
 remain in effect as long as:
        (i) the school-age child attends a home school;
        (ii) the school district where the affidavit was filed remains the school-age child's
 district of residence; and
        (iii) the parent or legal guardian who filed the signed and notarized affidavit has not
 been convicted of child abuse or been the subject of a substantiated finding of child abuse by a
 court of competent jurisdiction.
        (c) A parent or legal guardian of a school-age child who attends a home school is
 solely responsible for:
        (i) the selection of instructional materials and textbooks;
        (ii) the time, place, and method of instruction; and
        (iii) the evaluation of the home school instruction.
        (d) A local school board may not:
        (i) require a parent or legal guardian of a school-age child who attends a home school
 to maintain records of instruction or attendance;
        (ii) require credentials for individuals providing home school instruction;
        (iii) inspect home school facilities; or
        (iv) require standardized or other testing of home school students.
        (e) Upon the request of a parent or legal guardian, a local school board shall identify
 the knowledge, skills, and competencies a student is recommended to attain by grade level and
 subject area to assist the parent or legal guardian in achieving college and career readiness
 through home schooling.
        (f) A local school board that excuses a school-age child from attendance under this
 Subsection (2) shall annually issue a certificate stating that the school-age child is excused
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        02-04-24 7:43 PM                                                     1st Sub. (Buff) H.B. 391
 from attendance for the specified school year.
         (g) A local school board shall issue a certificate excusing a school-age child from
 attendance:
         (i) within 30 days after receipt of a signed and notarized affidavit filed by the
 school-age child's parent or legal guardian under this Subsection (2); and
         (ii) on or before August 1 each year thereafter unless:
         (A) the school-age child enrolls in a school within the school district;
         (B) the school-age child's parent or legal guardian notifies the school district that the
 school-age child no longer attends a home school; or
         (C) the school-age child's parent or legal guardian notifies the school district that the
 school-age child's school district of residence has changed.
         (3) A parent or legal guardian who is eligible to file and files a signed and notarized
 affidavit under Subsection (2)(a) is exempt from the application of Subsections 53G-6-202(2),
 (5), and (6).
         (4) (a) An LEA that issues credit toward high school graduation shall adopt a policy for
 accepting a transfer of credits for different subject areas for a school-age child who has been
 attending home school in accordance with Subsection (2)(a)(ii) and is seeking to enroll in a
 school within an LEA.
         (b) The policy described in Subsection (4)(a) shall require a demonstration of
 competency by a school-age child that is:
         (i) relevant to the subject area for which the school-age child is seeking to transfer
 credits; and
         (ii) is based on:
         (A) a review of a portfolio created by the school-age child;
         (B) testing; or
         (C) other reasonable means as determined by the LEA.
         (c) If a school denies a transfer of credits under the policy created under Subsection
 (4)(a), the school shall provide, in writing, a detailed explanation for the denial to the parent of
 the school-age child seeking to enroll in the school.
         [(4)] (5) (a) [Nothing in this section may be construed to] This section does not
 prohibit or discourage voluntary cooperation, resource sharing, or testing opportunities between
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        1st Sub. (Buff) H.B. 391                                                    02-04-24 7:43 PM
 a school or school district and a parent or legal guardian of a child attending a home school.
        (b) The exemptions in this section apply regardless of whether:
        (i) a parent or legal guardian provides education instruction to the parent's or legal
 guardian's child alone or in cooperation with other parents or legal guardians similarly
 exempted under this section; or
        (ii) the parent or legal guardian makes payment for educational services the parent's or
 legal guardian's child receives.
        Section 2. Section 53G-6-402 is amended to read:
        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,
 as provided in this section through Section 53G-6-407 and to the extent reasonably feasible, for
 any student who resides in another district in the state and desires to attend a school in the
 district, giving priority to a child of a military service member, as that term is defined in
 53B-8-102.
        (2) (a) A school is open for enrollment of nonresident students if the enrollment level
 is at or below the open enrollment threshold.
        (b) If a school's enrollment falls below the open enrollment threshold, the local school
 board shall allow a nonresident student to enroll in the school.
        (3) A local school board may allow enrollment of nonresident students in a school that
 is operating above the open enrollment threshold.
        (4) (a) A local school board shall adopt policies describing procedures for nonresident
 students to follow in applying for entry into the district's schools.
        (b) Those procedures shall provide, as a minimum, for:
        (i) distribution to interested parties of information about the school or school district
 and how to apply for admission;
        (ii) use of standard application forms prescribed by the state board;
        (iii) (A) submission of applications from November 15 through the first Friday in
 February by those seeking admission during the early enrollment period for the following year;
 or
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        02-04-24 7:43 PM                                                        1st Sub. (Buff) H.B. 391
           (B) submission of applications from August 1 through November 1 by those seeking
 admission during the early enrollment period for the following year in a school district
 described in Subsection 53G-6-401(1)(b);
           (iv) submission of applications by those seeking admission during the late enrollment
 period;
           (v) written notification to the student's parent of acceptance or rejection of an
 application:
           (A) within six weeks after receipt of the application by the district or by March 31,
 whichever is later, for applications submitted during the early enrollment period;
           (B) within two weeks after receipt of the application by the district or by the Friday
 before the new school year begins, whichever is later, for applications submitted during the late
 enrollment period for admission in the next school year; and
           (C) within two weeks after receipt of the application by the district, for applications
 submitted during the late enrollment period for admission in the current year;
           (vi) written notification to the resident school for intradistrict transfers or the resident
 district for interdistrict transfers upon acceptance of a nonresident student for enrollment; [and]
           (vii) written notification to the parents of each student that resides within the school
 district and other interested parties of the revised early enrollment period described in
 Subsection 53G-6-401(1)(b) if:
           (A) the school district is doing a district wide grade reconfiguration of its elementary,
 middle, junior, and senior high schools; and
           (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
 implemented in the next school year[.]; and
           (viii) a nonresident student that is rejected entry into the school, a written notification
 detailing the explanation for the rejection to the parent of the nonresident student.
           (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
 applications and notifying parents of acceptance or rejection of an application, a local school
 board may delay the dates if a local school board is not able to make a reasonably accurate
 projection of the early enrollment school capacity or late enrollment school capacity of a school
 due to:
           (A) school construction or remodeling;
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        1st Sub. (Buff) H.B. 391                                                  02-04-24 7:43 PM
        (B) drawing or revision of school boundaries; or
        (C) other circumstances beyond the control of the local school board.
        (ii) The delay may extend no later than four weeks beyond the date the local school
 board is able to make a reasonably accurate projection of the early enrollment school capacity
 or late enrollment school capacity of a school.
        (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
 application.
        (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
 subject to the same rules and standards as resident students, without renewed applications in
 subsequent years unless one of the following occurs:
        (a) the student graduates;
        (b) the student is no longer a Utah resident;
        (c) the student is suspended or expelled from school; or
        (d) except for a student described in Subsection (6)(e), the district determines that
 enrollment within the school will exceed the school's open enrollment threshold; or
        (e) for a child of a military service member, as that term is defined in Section
 53B-8-102, who moves from temporary to permanent housing outside of the relevant school
 district boundaries following a permanent change of station:
        (i) in kindergarten through grade 10, the st