Educational neglect of a minor -- Procedures -- Defenses

(1) With regard to a minor who is the subject of a petition under Section 80-3-201 based on educational neglect: (a) if allegations include failure of a minor to make adequate educational progress, the juvenile court shall permit demonstration of the minor's educational skills and abilities based upon any of the criteria used in granting school credit, in accordance with Section 53G-6-702; (b) parental refusal to comply with actions taken by school authorities in violation of Section 53G-10-202, 53G-10-205, 53G-10-403, or 53G-10-203, does not constitute educational neglect; (c) parental refusal to support efforts by a school to encourage a minor to act in accordance with any educational objective that focuses on the adoption or expression of a personal philosophy, attitude, or belief that is not reasonably necessary to maintain order and discipline in the school, prevent unreasonable endangerment of persons or property, or to maintain concepts of civility and propriety appropriate to a school setting, does not constitute educational neglect; and (d) an allegation of educational neglect may not be sustained, based solely on a minor's absence from school, unless the minor has absences without a valid excuse from school or from any given class, that are also without good cause, for more than 10 consecutive instructional days or more than 1/10 of the applicable school term. (2) A minor may not be considered to be educationally neglected, for purposes of this chapter: (a) unless there is clear and convincing evidence that: (i) the minor has failed to make adequate educational progress, and school officials have complied with the requirements of Section 53G-6-206; or (ii) the minor is two or more years behind the local public school's age group expectations in one or more basic skills, and is not receiving special educational services or systematic remediation efforts designed to correct the problem; (b) if the minor's parent or guardian establishes by a preponderance of the evidence that: (i) school authorities have failed to comply with the requirements of this title; (ii) the minor is being instructed at home in compliance with Section 53G-6-204; (iii) there is documentation that the minor has demonstrated educational progress at a level commensurate with the minor's ability; (iv) the parent, guardian, or other person in control of the minor has made a good faith effort to secure the minor's regular attendance in school; (v) good cause or a valid excuse exists for the minor's absence from school; (vi) the minor is not required to attend school under court order or is exempt under other applicable state or federal law; (vii) the minor has performed above the twenty-fifth percentile of the local public school's age group expectations in all basic skills, as measured by a standardized academic achievement test administered by the school district where the minor resides; or (viii) the parent or guardian presented a reasonable alternative curriculum to required school curriculum, in accordance with Section 53G-10-205 or 53G-10-403, and the alternative curriculum was rejected by the school district, but the parents have implemented the alternative curriculum; or (c) if the minor is attending school on a regular basis.