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Senate lets cities and counties regulate so-called therapeutic schools with land-use authority

Utah State Senate · March 9, 2011
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Summary

House Bill 412 gives municipalities authority to enforce zoning and ordinances over 'therapeutic schools' that had previously claimed school status to avoid local zoning; supporters said it restores local oversight, opponents raised concerns over scope and costs.

House Bill 412 (land-use revisions) was presented by Senate sponsor Jenkins to address an issue where out-of-state operators were establishing 'therapeutic schools' in residential settings and asserting they were schools — a status that effectively removed local zoning oversight. Jenkins described these facilities as group-living environments serving students with histories of failing to function at home or in public school; the bill authorizes municipalities to apply ordinances that regulate how such facilities are used.

Senator Christensen asked whether these were simply group homes; the sponsor replied they are distinct, claiming therapeutic schools are not group homes and therefore had previously avoided zoning. Senator Butters described some providers as charging up to $10,000 a month and supported the measure to ensure local oversight. The Senate voted to place HB 412 on the third-reading calendar and recorded the bill as passed on the floor.