1. (1)(a) "Absence" or "absent" means the failure of a school-age child assigned to a class or class period to attend at least half of the class or class period as defined by the LEA.

   1. (b) "Absence or "absent" does not mean multiple tardies used to calculate an absence for the sake of a truancy.
2. (2) "Chronic absenteeism" means a student misses 10% or more of days enrolled, for any reason, and makes a school aware that a beginning of tiered supports may be needed.

3. (3) "Habitual truancy" means the same as defined in 53G-8-211, a school-age child who:

   1. (i) is in grade 7 or above, unless the school-age child is less than 12 years old;

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

      2. (iii)(A) is truant at least 20 days during one school year; or

         1. (B) fails to cooperate with efforts on the part of school authorities to resolve the school-age child's attendance problem as required under Section 53G-6-206.
4. (4) "Intervention" means the same as the term is defined in Subsection 53G-6-206(1).
5. (5) "Notice of compulsory education" is a notice of violation to the parents of students in grades 1-6 consistent with Section 53G-6-202.
6. (6) "Notice of truancy" is a citation issued to students and parents of students in grades 7-12 consistent with Section 53G-6-203.

7. (7) "Truancy means a condition in which a school-age child is absent without a valid excuse, for at least:

   1. (a) half of the school day; or
   2. (b) if the school-age child is enrolled in a learner verified program, as that term is defined by the Board, the relevant amount of time under the LEA's policy regarding the LEA's continuing enrollment measure as it relates to truancy.
   3. (c) a school-age child may not be considered truant under this part more than one time during the same day.

8. (8)(a) "Valid excuse" means:

   1. (i) Any reason made pursuant to Section 53G-10-205.

      1. (ii) an illness, which may be either mental or physical, regardless of whether the school-age child or parent provides documentation from a medical professional;
      2. (iii) behavioral health of the school-age child;
      3. (iv) a family death;
      4. (v) an approved school activity or suspension;

      5. (vi) an absence permitted by a school-age child's:

         1. (A) individualized education plan; or
         2. (B) section 504 accommodation plan;
      6. (vii) an absence permitted in accordance with Subsection 53G-6-803(5); or
      7. (viii) any other excuse established as valid by a local school, charter school governing board, or school district.
   2. (b) "Valid excuse" does not mean a parent acknowledgement of an absence for a reason other than a reason described in Subsections (8)(a)(i) through (vii), unless specifically permitted by the local school board, charter school governing board, or school district under Subsection (13)(a)(vii).

KEY: compulsory education, truancy, absenteeism, chronic absenteeism

Date of Last Change: March 10, 2025

Notice of Continuation: May 13, 2026

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-6-206; 53G-9-804