Terms Used In Utah Code > Title 53G > Chapter 6 - Participation in Public Schools

• absent: means the failure of a school-age child assigned to a class or class period to attend a class or class period. See Utah Code 53G-6-201
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Athletic association: means an association, as that term is defined in Section 53G-7-1101. See Utah Code 53G-6-1001
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Birth certificate: means an official record of an individual's date of birth, place of birth, sex, and parentage, including a supplementary certificate of birth or birth certificate amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111. See Utah Code 53G-6-1001
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• Commission: means the School Activity Eligibility Commission created in Section 53G-6-1003. See Utah Code 53G-6-1001
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Dependent: A person dependent for support upon another.
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Division: means the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 53G-6-601
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Does not correspond with the sex designation: means that a student's sex designation for an interscholastic activity in which a student seeks participation does not correspond with the sex designation on the student's birth certificate or an amendment, including the amendment history, to the student's birth certificate that the Division of Vital Records and Statistics provides. See Utah Code 53G-6-1001
• Educational neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 53G-6-201
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal law: means :
       (1)(a) a statute passed by the Congress of the United States; or
       (1)(b) a final regulation:

            (1)(b)(i) adopted by an administrative agency of the United States government; and

            (1)(b)(ii) published in the code of federal regulations or the federal register. See Utah Code 53G-6-801
• fee: means the same as that term is defined in Section 53G-7-501. See Utah Code 53G-6-701
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Gender identity: means the same as that term is defined in Section 34A-5-102. See Utah Code 53G-6-1001
• Gender-designated: means that an interscholastic activity or facility is designated specifically for female or male students. See Utah Code 53G-6-1001
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Home-based microschool: means an individual or association of individuals that:
            (3)(a)(i) registers as a business entity in accordance with state and local laws; and
            (3)(a)(ii) for compensation, provides kindergarten through grade 12 education services to 16 or fewer students from an individual's residential dwelling, accessory dwelling unit, or residential property. See Utah Code 53G-6-201
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Interscholastic activity: means an activity in which a student represents the student's school in the activity in competition against another school. See Utah Code 53G-6-1001
• Interscholastic athletic activity: means that a student represents the student's school or LEA in competition against another school or LEA in an athletic or sporting activity. See Utah Code 53G-6-901
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Micro-education entity: means a person or association of persons that:
            (5)(a)(i) registers as a business entity in accordance with state and local laws; and
            (5)(a)(ii) for compensation, provides kindergarten through grade 12 education services to 100 students or fewer. See Utah Code 53G-6-201
• Minor: means an individual who is under 18 years old. See Utah Code 53G-6-201
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: includes :
       (7)(a) a custodial parent of the minor;
       (7)(b) a legally appointed guardian of a minor; or
       (7)(c) any other person purporting to exercise any authority over the minor which could be exercised by a person described in Subsection (7)(a) or (b). See Utah Code 53G-6-201
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• Reasonably accommodate: means an LEA shall make its best effort to enable a parent to exercise a parental right specified in Section 53G-6-803:
       (2)(a) without substantial impact to staff and resources, including employee working conditions, safety and supervision on school premises and for school activities, and the efficient allocation of expenditures; and
       (2)(b) while balancing:

            (2)(b)(i) the parental rights of parents;

            (2)(b)(ii) the educational needs of other students;

            (2)(b)(iii) the academic and behavioral impacts to a classroom;

            (2)(b)(iv) a teacher's workload; and

            (2)(b)(v) the assurance of the safe and efficient operation of a school. See Utah Code 53G-6-801
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• School day: means the portion of a day that school is in session in which a school-age child is required to be in school for purposes of receiving instruction. See Utah Code 53G-6-201
• School year: means the period of time designated by a local school board or charter school governing board as the school year for the school where the school-age child:
       (9)(a) is enrolled; or
       (9)(b) should be enrolled, if the school-age child is not enrolled in school. See Utah Code 53G-6-201
• School-age child: means a minor who:
       (10)(a) is at least six years old but younger than 18 years old; and
       (10)(b) is not emancipated. See Utah Code 53G-6-201
• Sex: means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth. See Utah Code 53G-6-901
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State registrar: means the State Registrar of Vital Statistics within the Department of Health and Human Services. See Utah Code 53G-6-601
• Statute: A law passed by a legislature.
• Student: means a student who is enrolled in a public school that participates in interscholastic activities. See Utah Code 53G-6-1001
• Summons: Another word for subpoena used by the criminal justice system.
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truant: means a condition in which a school-age child, without a valid excuse, and subject to Subsection (11)(b), is absent for at least:
            (11)(a)(i) half of the school day; or
            (11)(a)(ii) if the school-age child is enrolled in a learner verified program, as that term is defined by the state board, the relevant amount of time under the LEA's policy regarding the LEA's continuing enrollment measure as it relates to truancy. See Utah Code 53G-6-201
• Truant minor: means a school-age child who:
       (12)(a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
       (12)(b) is truant. See Utah Code 53G-6-201
• Uniformed services: means :
       (40)(a) the armed forces;
       (40)(b) the commissioned corps of the National Oceanic and Atmospheric Administration; and
       (40)(c) the commissioned corps of the United States Public Health Service. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Valid excuse: means :
            (13)(a)(i) an illness, which may be either mental or physical, regardless of whether the school-age child or parent provides documentation from a medical professional;
            (13)(a)(ii) mental or behavioral health of the school-age child;
            (13)(a)(iii) a family death;
            (13)(a)(iv) an approved school activity;
            (13)(a)(v) an absence permitted by a school-age child's:

                 (13)(a)(v)(A) individualized education program; or

                 (13)(a)(v)(B) Section 504 accommodation plan;
            (13)(a)(vi) an absence permitted in accordance with Subsection 53G-6-803(5); or
            (13)(a)(vii) any other excuse established as valid by a local school board, charter school governing board, or school district. See Utah Code 53G-6-201
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5