Section 53G-6-201 - DefinitionsAs 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: (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: (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(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(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;(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) an absence permitted in accordance with Subsection 53G-6-803(5); or(vii) 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 (vi), unless specifically permitted by the local school board, charter school governing board, or school district under Subsection (13)(a)(vi).Amended by Chapter TBD, 2024 General Session ,§ 7, eff. 5/1/2024.Amended by Chapter 261, 2021 General Session ,§ 1, eff. 9/1/2021.Amended by Chapter 427, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 113, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 20, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 293, 2019 General Session ,§ 70, eff. 5/14/2019.Amended by Chapter 69, 2018 General Session ,§ 1, eff. 5/8/2018.Renumbered from § 53A-11-101 and amended by Chapter 3, 2018 General Session ,§ 131, eff. 1/24/2018.Amended by Chapter 81, 2007 General Session.