R277-607-2. Definitions

(1) "Absence" or "absent" means the same as defined in Rule R277-100. (2) "Attendance Validated Program" means the same as defined in Rule R277-100. (3) "Chronic absenteeism" means a student who: (a) was enrolled in an LEA for at least 60 calendar days; and (b) has been absent for at least 10% of days of instruction, whether the absence was excused or not excused. (4) "Habitual truancy" means the same as defined in Section 53G-8-211, a school-age child who: (i) is in grade 7 or above, unless the school-age child is less than 12 years old; (ii) is subject to the requirements of Section 53G-6-202; and (iii)(A) is truant at least 20 days during one school year; or (B) fails to cooperate with efforts by school authorities to resolve the school-age child's attendance problem as required under Section 53G-6-206. (5) "Intervention" means the same as the term is defined in Subsection 53G-6-206(1). (6) "Learner Validated Program" means the same as defined in Rule R277-100. (7) "Notice of compulsory education" is a notice of violation to the parents of students in grades 1-6 consistent with Section 53G-6-202. (8) "Notice of truancy" is a citation issued to students and parents of students in grades 7-12 consistent with Section 53G-6-203. (9) "Tardy" means a student's arrival after the designated start time for a class period or instructional day, as defined by the LEA's written policy. (10) "Truancy means a condition in which a school-age child is absent without a valid excuse, for at least: (a) half of the school day; or (b) if the school-age child is enrolled in a learner validated program, the relevant amount of time under the LEA's policy regarding the LEA's continuing enrollment measure as it relates to truancy. (c) a school-age child may not be considered truant under this part more than one time during the same day. (11)(a) "Valid excuse" means: (i) Any reason made pursuant to Section 53G-10-205, Section 53G-6-201, Section 53G-6-205, and Subsection 53G-6-803(5). (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; (iii) behavioral health of the school-age child; (iv) a family death; (v) an approved school activity or suspension; (vi) an absence permitted by a school-age child's: (A) individualized education plan; or (B) section 504 accommodation plan; (vii) any other excuse established as valid by a local school, charter school governing board, or school district. (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), or Section 53G-10-205.