SB 58: Public School Attendance Amendments - Utah

Substitute #4 → Substitute #5 · 3 edits

MINOR

The bill was updated to include a new provision expanding personal care independence requirements and adding a new code section (53G-7-228) that was not present in the previous version. The document also includes updated formatting and minor text adjustments to existing definitions and sections.

Scope change

The bill's scope expanded to include new requirements for personal care independence and a new code section regarding 53G-7-228.

REQUIREMENT

Added a new highlighted provision expanding personal care independence requirements.

SCOPE

Added a new enacted code section 53G-7-228 to the list of affected statutes.

TECHNICAL

Updated formatting, line breaks, and minor text phrasing throughout the definitions and sections.

Substitute #3 → Substitute #4 · 7 edits

MODERATE

This bill updates Utah's student attendance laws to create a dual system distinguishing between traditional 'attendance validated' programs and competency-based 'learner validated' programs. It establishes new definitions for these program types, sets specific thresholds for chronic absenteeism and truancy, and introduces strict data quality standards and accountability measures for school districts. The changes aim to ensure equitable treatment for different learning models while maintaining rigorous attendance monitoring and intervention protocols.

Scope change

The bill expands the scope of attendance regulations to explicitly include and regulate competency-based or self-paced learning programs ('learner validated programs'), which were previously less clearly defined in attendance contexts. It also clarifies the applicability of truancy and compulsory education laws to these new program types.

DEFINITION

Added specific definitions for 'attendance validated program' (traditional scheduled learning) and 'learner validated program' (competency-based learning) to clarify how attendance is measured for each.

Modified the definition of 'chronic absenteeism' to apply a uniform 10% absence threshold regardless of the student's enrollment type, ensuring consistent identification of at-risk students.

REQUIREMENT

Added new requirements for LEAs to conduct annual internal audits of attendance data and for the state board to establish minimum data quality standards and conduct periodic audits.

Modified truancy and compulsory education procedures to account for the different nature of learner validated programs, ensuring interventions are appropriate for competency-based learning models.

Added specific requirements for LEAs to train staff annually on attendance policies and to provide clear communication to parents regarding attendance expectations and consequences.

ENFORCEMENT

Added new enforcement mechanisms including mandatory corrective action plans and potential withholding of state funding for LEAs that fail to meet data quality standards.

TECHNICAL

Made technical updates to replace references to 'school districts' with the broader term 'LEA' (Local Education Agency) to include charter schools and other entities.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill amends Utah's student attendance laws to create a dual system for tracking attendance in traditional schools versus competency-based programs. It adds new definitions for 'attendance validated' and 'learner validated' programs, clarifying that competency-based learning is not truancy if students meet academic benchmarks. The bill also introduces strict data quality standards for schools, requiring annual audits and state oversight, and expands the use of School LAND Trust funds to address chronic absenteeism.

Scope change

The bill expands the scope of attendance regulations to explicitly include competency-based and self-paced learning programs, ensuring they are treated differently than traditional attendance models while maintaining accountability.

DEFINITION

Added definitions for 'attendance validated program' (traditional attendance) and 'learner validated program' (competency-based), establishing that participation in the latter is measured by academic progress rather than physical presence.

Modified the definition of 'Minimum School Program' to use the term 'LEA' (Local Education Agency) instead of specific 'school district or charter school' language, broadening applicability.

REQUIREMENT

Modified truancy and compulsory education sections to exempt students in learner validated programs from traditional truancy penalties if they meet their continuing enrollment measurement requirements.

Added new data quality and monitoring requirements, mandating that Local Education Agencies (LEAs) conduct annual internal audits of attendance data and submit to state board audits.

Added requirements for LEAs to establish written policies for attendance tracking and to train staff annually on these policies.

ENFORCEMENT

Added enforcement mechanisms allowing the state board to withhold funding from LEAs that fail to meet data quality standards, with an exemption for errors related to tracking excused absences.

FISCAL

Added provisions allowing School LAND Trust Program funds to be used specifically for chronic absenteeism interventions, such as attendance plans and academic recovery programs.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill updates Utah's student attendance laws to better distinguish between traditional school schedules and competency-based learning models. It introduces new definitions for 'attendance validated' and 'learner validated' programs to ensure fair treatment of different educational approaches. The bill also strengthens data quality requirements, expands how schools can use trust funds to address chronic absenteeism, and clarifies truancy enforcement procedures.

Scope change

The bill expands the scope of attendance monitoring to explicitly include competency-based and self-paced learning programs, ensuring they are not penalized under traditional attendance rules while still maintaining accountability.

DEFINITION

Added definitions for 'attendance validated program' (traditional scheduled classes) and 'learner validated program' (competency-based learning) to clarify how participation is measured for each.

Modified the definition of 'truant' to account for learner validated programs, ensuring truancy is based on failing to meet enrollment requirements rather than missing physical class time.

REQUIREMENT

Added new requirements for LEAs to conduct annual internal audits of attendance data and for the state board to establish minimum data quality standards.

Modified truancy notice procedures to ensure they are not issued to students in learner validated programs who are meeting their specific enrollment requirements.

Added specific requirements for LEAs to notify parents within two instructional days of unexcused absences and to maintain accurate attendance records.

FISCAL

Added chronic absenteeism interventions as an allowed use of School LAND Trust Program funds, allowing schools to spend these funds on attendance recovery programs.

TECHNICAL

Made technical updates to the Minimum School Program definition and clarified the composition of charter trust land councils.

Amended 1/22/2026 11:01:258 → Substitute #1 · 6 edits

MODERATE

This substitute bill amends Utah's student attendance laws to clarify definitions for different types of learning programs, such as competency-based or self-paced learning. It updates the criteria for issuing truancy notices and compulsory education violations, adjusts the timeline for enforcing these violations, and adds new requirements for data quality monitoring and LEA accountability.

Scope change

The bill's scope was expanded to explicitly include 'learner validated programs' (competency-based learning) in attendance definitions and truancy determinations, whereas the original bill focused primarily on traditional attendance.

DEFINITION

Updated definitions to distinguish between 'attendance validated programs' (traditional) and 'learner validated programs' (competency-based), ensuring both are covered under attendance laws.

ENFORCEMENT

Modified the timing for compulsory education violations and truancy notices, removing a temporary COVID-19 related exception that had delayed enforcement.

REQUIREMENT

Added new sections requiring Local Education Agencies (LEAs) to conduct annual internal audits of attendance data and submit monthly progress reports if they fail state data quality standards.

Clarified that schools can use School LAND Trust Program funds specifically for chronic absenteeism interventions, such as attendance plans and academic recovery programs.

Established new accountability measures requiring LEAs to train staff annually on attendance policies and review data effectiveness yearly.

TECHNICAL

Made technical formatting changes and updated references to align with current legislative session numbers and chapter citations.

Amended 3/5/2026 16:03:79 → Amended 1/22/2026 11:01:258 · 6 edits

MODERATE

This bill updates Utah's student attendance laws to modernize definitions for competency-based learning programs and strengthen data quality requirements for school districts. It clarifies how 'attendance' and 'instructional days' are calculated for different types of schools, adds new definitions for micro-schools, and establishes strict data accuracy standards with potential funding penalties for non-compliance. The bill also introduces new personal care independence requirements for school enrollment starting in the 2026-2027 school year.

Scope change

The bill expands the scope of attendance regulations to explicitly include 'learner validated programs' (competency-based learning) alongside traditional 'attendance validated programs,' ensuring both models are subject to state oversight and data reporting.

DEFINITION

Redefines 'instructional day' and 'instructional hours' to distinguish between traditional attendance-based programs and competency-based programs, preventing schools from using learner-validated programs to avoid standard attendance requirements.

Introduces new definitions for 'home-based microschool' (serving 16 or fewer students) and 'micro-education entity' (serving 100 or fewer students) to clarify regulations for small private educational providers.

REQUIREMENT

Mandates that Local Education Agencies (LEAs) conduct annual internal audits of attendance data and ensures the state board establishes minimum data quality standards.

Updates the 'Minimum School Program' definition to clarify that LEAs must provide a school term equivalent to nine months, including provisions for reallocating instructional hours for teacher professional development.

ENFORCEMENT

Authorizes the state board to withhold state funding from LEAs that fail to meet data quality standards or fail to implement corrective action plans within 60 days.

TIMELINE

Establishes a new personal care independence standard requiring students to be toilet trained before public school enrollment, effective for the 2026-2027 school year.

Amended Excerpts 1/22/2026 11:01:258 → Amended 3/5/2026 16:03:79 · 4 edits

MODERATE

The bill was completely rewritten to replace fragmented committee amendments with a comprehensive new framework for student attendance. It introduces strict definitions for 'attendance validated' versus 'learner validated' programs to ensure accountability for all students, mandates specific interventions for chronic absenteeism, and clarifies how instructional time is measured for different learning models.

Scope change

The bill's scope expanded from specific local school district requirements to a statewide mandate covering all local education agencies (LEAs), including charter schools, with new enforcement mechanisms for attendance tracking.

DEFINITION

Added precise legal definitions for 'attendance validated program' (requiring direct teacher interaction) and 'learner validated program' (competency-based) to distinguish how attendance is measured.

REQUIREMENT

Established new requirements for LEAs to implement specific interventions for chronic absenteeism, including attendance plans and academic recovery programs.

Replaced vague council-level planning requirements with a structured state-wide system that defines how instructional days and hours are calculated for different types of schools.

ENFORCEMENT

Created data quality standards and performance metrics to ensure attendance notifications and enforcement actions are consistent across the state.

Amended Excerpts 3/5/2026 16:03:79 → Amended Excerpts 1/22/2026 11:01:258 · 4 edits

MODERATE

The bill's focus shifted from requiring Local Education Agencies (LEAs) to audit attendance data to requiring school principals to certify compliance with attendance plans. Additionally, the requirements for using school funds were expanded to include specific strategies for addressing chronic absenteeism, such as attendance plans and academic recovery programs.

Scope change

The bill's scope changed from applying to LEAs and the state board to applying to individual school councils and principals.

REQUIREMENT

Removed requirements for LEAs to audit attendance data and for the state board to set attendance data quality standards.

Added a requirement for school principals to provide written assurance that the school complies with attendance plans.

Changed the amendment date from March 5, 2026, to January 22, 2026, indicating a revision in the legislative process.

FISCAL

Modified the use of school allocation funds to explicitly require plans for addressing chronic absenteeism, including attendance plans, academic recovery, and staff training.

Enrolled → Amended Excerpts 3/5/2026 16:03:79 · 3 edits

MINOR

The bill was amended to clarify data quality requirements by explicitly mandating that the state board conduct periodic audits of attendance data, in addition to establishing minimum standards. A technical edit was made to Section 53G-6-213 to replace the word 'review' with 'audit' in the description of an LEA's internal annual process to align it with the state board's duties. The effective date for new personal care independence standards (toilet training requirements) was set for the 2026-2027 school year.

Scope change

The bill's scope regarding data oversight was expanded to include explicit state board auditing powers, while the scope of school enrollment requirements remains unchanged pending the new effective date.

REQUIREMENT

Added a requirement for the state board to conduct periodic audits of LEA attendance data to ensure accuracy and compliance.

TECHNICAL

Changed the term 'internal review' to 'internal audit' for LEAs in Section 53G-6-213 to match the terminology used for state board oversight.

TIMELINE

Established that new personal care independence standards, requiring students to be toilet trained for enrollment, will take effect starting with the 2026-2027 school year.

Introduced → Enrolled · 6 edits · Mar 19, 2026

MODERATE

This bill updates Utah's student attendance laws to create clearer definitions for different types of learning programs and strengthens enforcement against truancy. It introduces new categories for 'learner validated programs' (competency-based learning) and 'home-based microschools,' while lowering the threshold for compulsory education violations to apply to younger students. The bill also adds strict data quality requirements for schools and expands how funds can be used to address chronic absenteeism.

Scope change

The bill expands the scope of attendance regulations to explicitly include competency-based learning models and small home-based schools, which were previously less clearly defined under state law.

DEFINITION

Added specific definitions for 'learner validated program,' 'home-based microschool,' and 'micro-education entity' to clarify how attendance is measured for non-traditional learning models.

ELIGIBILITY

Lowered the age requirement for issuing truancy notices to children under 12 and expanded compulsory education violation notices to include children in grades 1-6 who are truant at least five times.

REQUIREMENT

Mandated that Local Education Agencies (LEAs) conduct annual internal audits of attendance data and submit monthly progress reports if they fail to meet state data quality standards.

FISCAL

Added 'chronic absenteeism interventions' as an allowable use of School LAND Trust Program funds and expanded the LEA success plan framework to include specific strategies for attendance.

ENFORCEMENT

Clarified that parental refusal to comply with school attendance actions does not constitute educational neglect, but added stricter reporting requirements for cases where a child is absent for more than 10 consecutive days.

TIMELINE

Established a special effective date of July 1, 2026, for the new provisions.

Public School Attendance Amendments

What changed between versions

How they voted

Actions timeline

Sponsors