Section 803 – Parental right to academic accommodations.

Effective 5/12/2020
53G-6-803. Parental right to academic accommodations.

• (1)
  • (a) A student’s parent is the primary person responsible for the education of the student, and the state is in a secondary and supportive role to the parent. As such, a student’s parent has the right to reasonable academic accommodations from the student’s LEA as specified in this section.
  • (b) Each accommodation shall be considered on an individual basis and no student shall be considered to a greater or lesser degree than any other student.
  • (c) The parental rights specified in this section do not include all the rights or accommodations that may be available to a student’s parent as a user of the public education system.
  • (d) An accommodation under this section may only be provided if the accommodation is:
    • (i) consistent with federal law; and
    • (ii) consistent with a student’s IEP if the student already has an IEP.

• (2) An LEA shall reasonably accommodate a parent’s written request to retain a student in kindergarten through grade 8 on grade level based on the student’s academic ability or the student’s social, emotional, or physical maturity.

• (3) An LEA shall reasonably accommodate a parent’s initial selection of a teacher or request for a change of teacher.

• (4) An LEA shall reasonably accommodate the request of a student’s parent to visit and observe any class the student attends.

• (5) Notwithstanding Part 2, Compulsory Education, an LEA shall record an excused absence for a scheduled family event or a scheduled proactive visit to a health care provider if:
  • (a) the parent submits a written statement at least one school day before the scheduled absence; and
  • (b) the student agrees to make up course work for school days missed for the scheduled absence in accordance with LEA policy.

• (6)
  • (a) An LEA shall reasonably accommodate a parent’s written request to place a student in a specialized class, a specialized program, or an advanced course.
  • (b) An LEA shall consider multiple academic data points when determining an accommodation under Subsection (6)(a).

• (7) Consistent with Section 53E-4-204, which requires the state board to establish graduation requirements that use competency-based standards and assessments, an LEA shall allow a student to earn course credit toward high school graduation without completing a course in school by:
  • (a) testing out of the course; or
  • (b) demonstrating competency in course standards.

• (8) An LEA shall reasonably accommodate a parent’s request to meet with a teacher at a mutually agreeable time if the parent is unable to attend a regularly scheduled parent teacher conference.

• (9)
  • (a) At the request of a student’s parent, an LEA shall excuse a student from taking an assessment that:
    • (i) is federally mandated;
    • (ii) is mandated by the state under this public education code; or
    • (iii) requires the use of:
      • (A) a state assessment system; or
      • (B) software that is provided or paid for by the state.
  • (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:
    • (i) to establish a statewide procedure for excusing a student under Subsection (9)(a) that:
      • (A) does not place an undue burden on a parent; and
      • (B) may be completed online; and
    • (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or an LEA’s employees through school accountability or employee evaluations due to a student not taking an assessement under Subsection (9)(a).
  • (c) An LEA:
    • (i) shall follow the procedures outlined in rules made by the state board under Subsection (9)(b) to excuse a student under Subsection (9)(a);
    • (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition to the procedures outlined in rules made by the state board under Subsection (9)(b); and
    • (iii) may not provide a nonacademic reward to a student for taking an assessment described in Subsection (9)(a).
  • (d) The state board shall:
    • (i) maintain and publish a list of state assessments, state assessment systems, and software that qualify under Subsection (9)(a); and
    • (ii) audit and verify an LEA’s compliance with the requirements of this Subsection (9).

• (10)
  • (a) An LEA shall provide for:
    • (i) the distribution of a copy of a school’s discipline and conduct policy to each student in accordance with Section 53G-8-204; and
    • (ii) a parent’s signature acknowledging receipt of the school’s discipline and conduct policy.
  • (b) An LEA shall notify a parent of a student’s violation of a school’s discipline and conduct policy and allow a parent to respond to the notice in accordance with Chapter 8, Part 2, School Discipline and Conduct Plans.

Amended by Chapter 408, 2020 General Session