§ 53G-6-302 — Child's school district of residence -- Determination -- Responsibility for providing educational services.

(1) As used in this section:
(1)(a) "Health care facility" means the same as that term is defined in Section 26B-2-201.
(1)(b) "Human services program" means the same as that term is defined in Section 26B-2-101.
(1)(c) "Supervision" means a minor child is:
(1)(c)(i) receiving services from a state agency, local mental health authority, or substance abuse authority with active involvement or oversight; and
(1)(c)(ii) engaged in a human services program that is properly licensed or certified and has provided the school district receiving the minor child with an education plan that complies with the requirements of Section 26B-2-116.
(2) The school district of residence of a minor child whose custodial parent resides within Utah is:
(2)(a) the school district in which the custodial parent resides; or
(2)(b) the school district in which the child resides:
(2)(b)(i) while in the custody or under the supervision of a Utah state agency, local mental health authority, or substance abuse authority;
(2)(b)(ii) while under the supervision of a private or public agency which is in compliance with Section 26B-2-131 and is authorized to provide child placement services by the state;
(2)(b)(iii) while living with a responsible adult resident of the district, if a determination has been made in accordance with rules made by the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(2)(b)(iii)(A) the child's physical, mental, moral, or emotional health will best be served by considering the child to be a resident for school purposes;
(2)(b)(iii)(B) exigent circumstances exist that do not permit the case to be appropriately addressed under Section 53G-6-402; and
(2)(b)(iii)(C) considering the child to be a resident of the district under this Subsection (2)(b)(iii) does not violate any other law or rule of the state board;
(2)(b)(iv) while the child is receiving services from a health care facility or human services program, if a determination has been made in accordance with rules made by the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(2)(b)(iv)(A) the child's physical, mental, moral, or emotional health will best be served by considering the child to be a resident for school purposes;
(2)(b)(iv)(B) exigent circumstances exist that do not permit the case to be appropriately addressed under Section 53G-6-402; and
(2)(b)(iv)(C) considering the child to be a resident of the district under this Subsection (2)(b)(iv) does not violate any other law or rule of the state board; or
(2)(b)(v) if the child is married or has been determined to be an emancipated minor by a court of law or by a state administrative agency authorized to make that determination.
(3) A minor child whose custodial parent does not reside in the state is considered to be a resident of the district in which the child lives, unless that designation violates any other law or rule of the state board, if:
(3)(a) the child is married or an emancipated minor under Subsection (2)(b)(v);
(3)(b) the child lives with a resident of the district who is a responsible adult and whom the district agrees to designate as the child's legal guardian under Section 53G-6-303;
(3)(c) if permissible under policies adopted by a local school board, it is established to the satisfaction of the local school board that:
(3)(c)(i) the child lives with a responsible adult who is a resident of the district and is the child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
(3)(c)(ii) the child's presence in the district is not for the primary purpose of attending the public schools;
(3)(c)(iii) the child's physical, mental, moral, or emotional health will best be served by considering the child to be a resident for school purposes; and
(3)(c)(iv) the child is prepared to abide by the policies of the school and school district in which attendance is sought; or
(3)(d) it is established to the satisfaction of the local school board that:
(3)(d)(i) the child's parent moves from the state;
(3)(d)(ii) the child's parent executes a power of attorney under Section 75-5-103 that:
(3)(d)(ii)(A) meets the requirements of Subsection (4); and
(3)(d)(ii)(B) delegates powers regarding care, custody, or property, including schooling, to a responsible adult with whom the child resides;
(3)(d)(iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the district;
(3)(d)(iv) the child's physical, mental, moral, or emotional health will best be served by considering the child to be a resident for school purposes;
(3)(d)(v) the child is prepared to abide by the policies of the school and school district in which attendance is sought; and
(3)(d)(vi) the child's attendance in the school will not be detrimental to the school or school district.
(4) (4)(a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the district may require the person with whom the child lives to be designated as the child's custodian in a durable power of attorney, issued by the party who has legal custody of the child, granting the custodian full authority to take any appropriate action, including authorization for educational or medical services, in the interests of the child.
(4)(b) Both the party granting and the party empowered by the power of attorney shall agree to:
(4)(b)(i) assume responsibility for any fees, as defined in Section 53G-7-501, to the child's education in the district; and
(4)(b)(ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the school district with all financial information requested by the district for purposes of determining eligibility for fee waivers.
(4)(c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of this section and accepted by the school district shall remain in force until the earliest of the following occurs:
(4)(c)(i) the child reaches 18 years old, marries, or becomes emancipated;
(4)(c)(ii) the expiration date stated in the document; or
(4)(c)(iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee, or by order of a court of competent jurisdiction.
(5) A power of attorney does not confer legal guardianship.
(6) Each school district is responsible for providing educational services for all children of school age who are residents of the district.

Legislative History

Amended by Chapter 497, 2024 General Session