Proceedings arising from failure to attend public school.

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  • (1)
    • (a) When a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, arises from a minor's failure to attend public school based upon the assertion of a constitutional or statutory right or duty, raised either by the minor, or by the minor's parent, guardian, or custodian, the juvenile court shall hear the petition and resolve the issues associated with the asserted constitutional or statutory claims within 15 days after the day on which the petition is filed.
    • (b) The parties may waive the time limitation described in this subsection.
  • (2) Absent an emergency situation or other exigent circumstances, the juvenile court may not enter any order changing the educational status of the minor that existed at the time the petition was filed, until the hearing described in Subsection (1) is concluded.
  • (3) A party proceeding under this section shall, insofar as it is possible, provide the juvenile court with factual stipulations and make all other efforts that are reasonably available to minimize the time required to hear the claims described in Subsection (1).




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