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Utah House passes HB 85 on truancy after heated floor debate and amendment package
Summary
The House passed HB 85 (compulsory education/truancy) 41–27 after floor amendments narrowed the definition of habitual truancy, required certified‑mail notice and mandated administrator sign-off on citations; debate focused on whether the bill criminalizes parents and how foster cases are handled.
The Utah House passed House Bill 85 on Feb. 17, 1999, in a 41–27 vote after extended floor debate and adoption of Amendment No. 2. Sponsor Representative Bordeaux said the bill represented three years of work with education, courts and prosecutors to strengthen enforceability of compulsory education.
Representative Swallow’s Amendment No. 2 changed the statutory threshold for labeling a student a "habitual truant" by requiring a combination of citations and at least eight unexcused absences in a school year, added a certified‑mail requirement for notices and required that an administrator sign off on truancy citations. Swallow and proponents said those changes made the measure more precise and protected against accidental labeling.
The House rejected a substitute motion from Representative Zolman to convert Class B misdemeanor penalties to infractions in key sections. Opponents—including Representative Cox, Representative Bryson and Representative Carly—warned the bill risked criminalizing parents, raised concerns about vagueness of the required "response" to school notices, and asked how the statute would treat foster parents and state custodial arrangements. Representative Bordeaux and supporters said the bill intended to provide tools for schools and law enforcement while allowing responses such as calls to the school and meetings with staff to avert charges.
In debate, teachers and legislators recounted classroom examples of chronic absenteeism and argued for stronger local tools to intervene. The sponsor said the bill codified procedures and would help the juvenile system better address the early stages of truancy, which she linked to later problems including dropout and incarceration.
The measure was amended on the floor and then passed as amended; it will be referred to the Senate for further action.
