The Utah State Board of Education on Oct. 5 directed staff to work with legislators on code changes aimed at students absent 10 or more consecutive school days when schools lack evidence the child was disenrolled or recorded elsewhere. The board’s motion requires several conditions be met before staff proposes a statutory referral for a welfare check to the appropriate local or state agency. Member Boggess moved the measure, which the board approved unanimously.

Board members said the measure is intended to address a data gap the board uncovered. "In the last part it would say that they would work to, amend the appropriate code lines that a referral shall be made from the LEA to whatever agency is determined to be the appropriate agency to conduct a child welfare check," Member Boggess said as she outlined the motion. She cited a board data request from last November showing about 2,700 students flagged under the board’s 10-day policy, and said only a small share — "4.2%" as stated in the meeting — were later found to have reenrolled in another local education agency (LEA).

The motion lists the conditions under which a 10-day absence would trigger legislative changes: parents have failed to notify the school of disenrollment; no homeschool affidavit or initial notification (letter of intent) is on file; no notice of unenrollment was sent to the school; parents failed to respond to school contact attempts (email, phone, text); and there is no request for records or record of enrollment in another Utah LEA. If those conditions are met, staff were asked to propose code language that would require a referral for a welfare check to the appropriate agency — ranging from the Division of Child and Family Services in some communities to local sheriff or police departments in more remote areas, as Member Boggess noted.

Board members and staff clarified that the board is not seeking to restrict parents’ civil rights to homeschool; the motion preserves a parent’s right to file a homeschool affidavit or initial homeschool notification. Vice Chair Bollinger asked whether the change in law last session to replace a homeschool affidavit with a one-time letter of intent (HB 209 was referenced during the discussion) affects the language; board members agreed staff will reconcile statutory terms and return with precise code language.

Staff will return proposed statutory language for the board’s review. The board did not adopt final code text at the meeting; the directive was to draft language for later consideration.

The board’s discussion repeatedly separated discussion from formal action: members debated the policy rationale and statutory phrasing before voting; the only formal outcome at the meeting was the directive to staff to draft statutory amendments and work with legislators.

The board’s motion carried unanimously.