HF 1717

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring persons under 18 
  1.3             years of age to attend school as a requirement for 
  1.4             possessing a driver's permit or license; amending 
  1.5             Minnesota Statutes 2004, sections 13.32, subdivisions 
  1.6             1, 3, 8, 9; 120A.22, subdivision 12; 171.04, 
  1.7             subdivision 1; 171.05, subdivisions 2, 2b, 3; 260A.03; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 120A; 121A; 171. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2004, section 13.32, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.14     (a) "Dismissal" means a student who is expelled or excluded 
  1.15  under the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, 
  1.16  and is not participating in alternative education services 
  1.17  offered during the term of the expulsion or exclusion. 
  1.18     (b) "Educational data" means data on individuals maintained 
  1.19  by a public educational agency or institution or by a person 
  1.20  acting for the agency or institution which relates to a student. 
  1.21     Records of instructional personnel which are in the sole 
  1.22  possession of the maker thereof and are not accessible or 
  1.23  revealed to any other individual except a substitute teacher, 
  1.24  and are destroyed at the end of the school year, shall not be 
  1.25  deemed to be government data.  
  1.26     Records of a law enforcement unit of a public educational 
  1.27  agency or institution which are maintained apart from education 
  2.1   data and are maintained solely for law enforcement purposes, and 
  2.2   are not disclosed to individuals other than law enforcement 
  2.3   officials of the jurisdiction are not educational data; 
  2.4   provided, that education records maintained by the educational 
  2.5   agency or institution are not disclosed to the personnel of the 
  2.6   law enforcement unit.  The University of Minnesota police 
  2.7   department is a law enforcement agency for purposes of section 
  2.8   13.82 and other sections of Minnesota Statutes dealing with law 
  2.9   enforcement records.  Records of organizations providing 
  2.10  security services to a public educational agency or institution 
  2.11  must be administered consistent with section 13.861. 
  2.12     Records relating to a student who is employed by a public 
  2.13  educational agency or institution which are made and maintained 
  2.14  in the normal course of business, relate exclusively to the 
  2.15  individual in that individual's capacity as an employee, and are 
  2.16  not available for use for any other purpose are classified 
  2.17  pursuant to section 13.43.  
  2.18     (b) (c) "Habitual truant" means a student absent from 
  2.19  attendance at school as defined under section 260C.007, 
  2.20  subdivision 19. 
  2.21     (d) "Juvenile justice system" includes criminal justice 
  2.22  agencies and the judiciary when involved in juvenile justice 
  2.23  activities, and the Department of Public Safety, but only when 
  2.24  designated employees of the Department of Public Safety under 
  2.25  section 171.056 cancel or reinstate the driving privileges of a 
  2.26  habitual truant or a dismissed student. 
  2.27     (c) (e) "Student" means an individual currently or formerly 
  2.28  enrolled or registered, applicants for enrollment or 
  2.29  registration at a public educational agency or institution, or 
  2.30  individuals who receive shared time educational services from a 
  2.31  public agency or institution. 
  2.32     (d) (f) "Substitute teacher" means an individual who 
  2.33  performs on a temporary basis the duties of the individual who 
  2.34  made the record, but does not include an individual who 
  2.35  permanently succeeds to the position of the maker of the record. 
  2.36     Sec. 2.  Minnesota Statutes 2004, section 13.32, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  3.3   Except as provided in subdivision 5, educational data is private 
  3.4   data on individuals and shall not be disclosed except as follows:
  3.5      (a) pursuant to section 13.05; 
  3.6      (b) pursuant to a valid court order; 
  3.7      (c) pursuant to a statute specifically authorizing access 
  3.8   to the private data; 
  3.9      (d) to disclose information in health and safety 
  3.10  emergencies pursuant to the provisions of United States Code, 
  3.11  title 20, section 1232g(b)(1)(I) and Code of Federal 
  3.12  Regulations, title 34, section 99.36; 
  3.13     (e) pursuant to the provisions of United States Code, title 
  3.14  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  3.15  (b)(3) and Code of Federal Regulations, title 34, sections 
  3.16  99.31, 99.32, 99.33, 99.34, and 99.35; 
  3.17     (f) to appropriate health authorities to the extent 
  3.18  necessary to administer immunization programs and for bona fide 
  3.19  epidemiologic investigations which the commissioner of health 
  3.20  determines are necessary to prevent disease or disability to 
  3.21  individuals in the public educational agency or institution in 
  3.22  which the investigation is being conducted; 
  3.23     (g) when disclosure is required for institutions that 
  3.24  participate in a program under title IV of the Higher Education 
  3.25  Act, United States Code, title 20, chapter 1092; 
  3.26     (h) to the appropriate school district officials to the 
  3.27  extent necessary under subdivision 6, annually to indicate the 
  3.28  extent and content of remedial instruction, including the 
  3.29  results of assessment testing and academic performance at a 
  3.30  postsecondary institution during the previous academic year by a 
  3.31  student who graduated from a Minnesota school district within 
  3.32  two years before receiving the remedial instruction; 
  3.33     (i) to appropriate authorities as provided in United States 
  3.34  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  3.35  the juvenile justice system and the ability of the system to 
  3.36  effectively serve, prior to adjudication, the student whose 
  4.1   records are released; provided that: 
  4.2      (1) the authorities to whom the data are released submit a 
  4.3   written request for the data that certifies that the data will 
  4.4   not be disclosed to any other person except as authorized by law 
  4.5   without the written consent of the parent of the student and the 
  4.6   request and a record of the release are maintained in the 
  4.7   student's file; and 
  4.8      (2) for a habitual truant, or a dismissed student, the 
  4.9   school principal or chief administrative officer certifies in 
  4.10  writing that the data will not be disclosed to any other person 
  4.11  except as authorized by law without the prior written consent of 
  4.12  the student's parent or guardian and the certification and a 
  4.13  record of all disclosures are maintained in the student's file; 
  4.14     (j) to volunteers who are determined to have a legitimate 
  4.15  educational interest in the data and who are conducting 
  4.16  activities and events sponsored by or endorsed by the 
  4.17  educational agency or institution for students or former 
  4.18  students; 
  4.19     (k) to provide student recruiting information, from 
  4.20  educational data held by colleges and universities, as required 
  4.21  by and subject to Code of Federal Regulations, title 32, section 
  4.22  216; 
  4.23     (l) to the juvenile justice system if information about the 
  4.24  behavior of a student who poses a risk of harm is reasonably 
  4.25  necessary to protect the health or safety of the student or 
  4.26  other individuals; 
  4.27     (m) with respect to Social Security numbers of students in 
  4.28  the adult basic education system, to Minnesota State Colleges 
  4.29  and Universities and the Department of Employment and Economic 
  4.30  Development for the purpose and in the manner described in 
  4.31  section 124D.52, subdivision 7; or 
  4.32     (n) to the commissioner of education for purposes of an 
  4.33  assessment or investigation of a report of alleged maltreatment 
  4.34  of a student as mandated by section 626.556.  Upon request by 
  4.35  the commissioner of education, data that are relevant to a 
  4.36  report of maltreatment and are from charter school and school 
  5.1   district investigations of alleged maltreatment of a student 
  5.2   must be disclosed to the commissioner, including, but not 
  5.3   limited to, the following: 
  5.4      (1) information regarding the student alleged to have been 
  5.5   maltreated; 
  5.6      (2) information regarding student and employee witnesses; 
  5.7      (3) information regarding the alleged perpetrator; and 
  5.8      (4) what corrective or protective action was taken, if any, 
  5.9   by the school facility in response to a report of maltreatment 
  5.10  by an employee or agent of the school or school district. 
  5.11     Sec. 3.  Minnesota Statutes 2004, section 13.32, 
  5.12  subdivision 8, is amended to read: 
  5.13     Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
  5.14  request, the following education data shall be disclosed under 
  5.15  subdivision 3, clause (i)(1), to the juvenile justice system:  a 
  5.16  student's full name, home address, telephone number, date of 
  5.17  birth; a student's school schedule, attendance record, and 
  5.18  photographs, if any; and parents' names, home addresses, and 
  5.19  telephone numbers.  For the purposes of section 171.056, the 
  5.20  following education data shall be disclosed under subdivision 3, 
  5.21  clause (i)(2), to the juvenile justice system:  a student's full 
  5.22  name, date of birth, and that portion of the student's 
  5.23  attendance record during the current school year that 
  5.24  encompasses the period related to the student's dismissal or 
  5.25  truancy. 
  5.26     (b) In addition, the existence of the following data about 
  5.27  a student may be disclosed under subdivision 3, clause (i): 
  5.28     (1) use of a controlled substance, alcohol, or tobacco; 
  5.29     (2) assaultive or threatening conduct that could result in 
  5.30  dismissal from school under section 121A.45, subdivision 2, 
  5.31  clause (b) or (c); 
  5.32     (3) possession or use of weapons or look-alike weapons; 
  5.33     (4) theft; or 
  5.34     (5) vandalism or other damage to property; 
  5.35     (6) dismissal if the student has been expelled or excluded 
  5.36  from a public or charter school; or 
  6.1      (7) truancy if the student is a habitual truant. 
  6.2      Any request for access to data under this paragraph or 
  6.3   disclosure of data for the purposes of section 171.056 must 
  6.4   contain an explanation of why access to the data is necessary to 
  6.5   serve the student. 
  6.6      (c) A principal or chief administrative officer of a school 
  6.7   who receives a request to disclose information about a student 
  6.8   to the juvenile justice system under paragraph (b), clauses (1) 
  6.9   to (5), shall, to the extent permitted by federal law, notify 
  6.10  the student's parent or guardian by certified mail of the 
  6.11  request to disclose information before disclosing the 
  6.12  information.  If the student's parent or guardian notifies the 
  6.13  principal or chief administrative officer within ten days of 
  6.14  receiving the certified notice that the parent or guardian 
  6.15  objects to the disclosure, the principal or chief administrative 
  6.16  officer must not disclose the information.  The principal or 
  6.17  chief administrative officer must inform the requesting member 
  6.18  of the juvenile justice system of the objection.  A principal or 
  6.19  chief administrative officer of a school who discloses 
  6.20  information under paragraph (b), clauses (6) and (7), must 
  6.21  comply with the notice requirements under section 171.056. 
  6.22     (d) A principal or chief administrative officer is not 
  6.23  required to create data under this subdivision.  Information 
  6.24  provided in response to a data request or disclosed for the 
  6.25  purposes of section 171.056 under paragraph (b) shall indicate 
  6.26  only whether the data described in paragraph (b) exist.  The 
  6.27  principal or chief administrative officer is not authorized 
  6.28  under paragraph (b) to disclose the actual data or other 
  6.29  information contained in the student's education record.  A 
  6.30  principal or chief administrative officer is not required to 
  6.31  provide data that are protected by court order.  For paragraph 
  6.32  (b), clauses (1) to (5), a principal or chief administrative 
  6.33  officer must respond to a data request within 14 days if no 
  6.34  objection is received from the parent or guardian. 
  6.35     (e) If the school board does not waive the school 
  6.36  attendance requirement for driving privileges, then a principal 
  7.1   or chief administrative officer of a school may disclose only 
  7.2   the habitual truancy status or dismissal of a student to 
  7.3   designated employees of the Department of Public Safety under 
  7.4   paragraph (b), and only for the purposes of section 171.056. 
  7.5      (f) Nothing in this subdivision shall limit the disclosure 
  7.6   of educational data pursuant to court order. 
  7.7      (f) (g) A school district, its agents, and employees who 
  7.8   provide data in good faith under this subdivision are not liable 
  7.9   for compensatory or exemplary damages or an award of attorney 
  7.10  fees in an action under section 13.08, or other law, or for a 
  7.11  penalty under section 13.09. 
  7.12     (g) (h) Section 13.03, subdivision 4, applies to data that 
  7.13  are shared under this subdivision with a government entity.  If 
  7.14  data are shared with a member of the juvenile justice system who 
  7.15  is not a government entity, the person receiving the shared data 
  7.16  must treat the data consistent with the requirements of this 
  7.17  chapter applicable to a government entity.  
  7.18     (h) (i) A member of the juvenile justice system who falsely 
  7.19  certifies a request for data under this section is subject to 
  7.20  the penalties under section 13.09.  
  7.21     Sec. 4.  Minnesota Statutes 2004, section 13.32, 
  7.22  subdivision 9, is amended to read: 
  7.23     Subd. 9.  [FORMS.] (a) To make a data request under 
  7.24  subdivision 8, paragraph (b), clauses (1) to (5), a member of 
  7.25  the juvenile justice system must use the following form: 
  7.26                      REQUEST FOR INFORMATION 
  7.27             Family Educational Rights and Privacy Act/ 
  7.28               Minnesota Government Data Practices Act 
  7.29  DATE/TIME OF REQUEST ............................ 
  7.30  TO:  ........................................ 
  7.31           (Superintendent of school district 
  7.32            or chief administrative officer of school) 
  7.33  FROM:    ........................................ 
  7.34           (Requester's name/agency) 
  7.35  STUDENT:  ....................................... 
  7.36  BASIS FOR REQUEST 
  7.37   ... Juvenile delinquency investigation/prosecution 
  8.1    ... Child protection assessment/investigation 
  8.2    ... Investigation/filing of CHIPS or delinquency 
  8.3        petition 
  8.4   REASON FOR REQUEST (requester must describe why information 
  8.5   regarding existence of the data marked below is necessary to 
  8.6   effectively serve the student)...................................
  8.7   .................................................................
  8.8   .................................................................
  8.9   .................................................................
  8.10  RESPONSE TO REQUEST 
  8.11     The school must indicate whether it has data on the student 
  8.12  that document any activity or behavior marked by the requester.  
  8.13  INFORMATION REQUESTED (mark all that apply)             RESPONSE
  8.14  Indicate whether you have data
  8.15  that document the student's:                         (yes or no)
  8.16   ... use of a controlled substance, alcohol, 
  8.17       or tobacco                                            ....
  8.18   ... assaultive or threatening conduct as defined 
  8.19       in Minnesota Statutes, section 13.32, 
  8.20       subdivision 8                                         ....
  8.21   ... possession or use of weapons or look-alike 
  8.22       weapons                                               ....
  8.23   ... theft                                                 ....
  8.24   ... vandalism and damage to property                      ....
  8.25  CERTIFICATION:  The undersigned certifies that the undersigned 
  8.26  is a member of the juvenile justice system.  The requested data 
  8.27  are needed by the juvenile justice system so it may effectively 
  8.28  serve, prior to adjudication, the student whose records are 
  8.29  released.  The undersigned will not disclose the information 
  8.30  received to any other party, except as provided under state law, 
  8.31  without prior written consent as required by Code of Federal 
  8.32  Regulations, title 34, section 99.38(b).  The undersigned 
  8.33  further certifies that the undersigned understands that by 
  8.34  signing this request, the undersigned is subject to the 
  8.35  penalties in Minnesota Statutes, section 13.09. 
  8.36  .......................................................
  8.37  Signature/Title
  8.38     (b) To disclose data under subdivision 8, paragraph (b), 
  8.39  clauses (6) and (7), a principal or chief administrative officer 
  9.1   must use the following form: 
  9.2                     DISCLOSURE OF INFORMATION 
  9.3             Family Educational Rights and Privacy Act/ 
  9.4               Minnesota Government Data Practices Act 
  9.5   DATE/TIME OF DISCLOSURE ............................ 
  9.6   TO:  Department of Public Safety
  9.7   FROM:     ........................................
  9.8             (Discloser's name/school, school district)
  9.9   STUDENT:  ........................................
  9.10  INFORMATION DISCLOSED
  9.11  Indicate whether you have data that document the student's: 
  9.12   ... absence from school
  9.13   ... conformance with all applicable attendance laws, rules, 
  9.14   and policies
  9.15  REASON FOR DISCLOSURE (principal or chief administrative officer 
  9.16  must describe why information regarding existence of the 
  9.17  student's attendance data is necessary to effectively serve the 
  9.18  student) 
  9.19  ..............................................................
  9.20  ..............................................................
  9.21  ..............................................................
  9.22  CERTIFICATION:  The undersigned certifies that the undersigned 
  9.23  is a principal or chief administrative officer (circle one) of 
  9.24  ....... (name of school) in ....... School District No. ......., 
  9.25  ....... (name of school district).  The disclosed data is needed 
  9.26  by the Department of Public Safety so it may effectively serve, 
  9.27  prior to adjudication, the student whose records are released.  
  9.28  The undersigned will not disclose the information except as 
  9.29  provided under state law, without prior written consent required 
  9.30  by Code of Federal Regulations, title 34, section 99.38(b).  The 
  9.31  undersigned further certifies that the undersigned understands 
  9.32  that by signing this request the undersigned is subject to the 
  9.33  penalties in Minnesota Statutes, section 13.09. 
  9.34  .......................................................
  9.35  Signature/Principal/Chief administrative officer
  9.36  of ....... (name of school).......
  9.37  School District No. ....., ..... (Name of School District)
  9.38  CERTIFICATION:  The undersigned certifies that the undersigned 
 10.1   is a member of the juvenile justice system.  The data received 
 10.2   is needed by the juvenile justice system so it may assist 
 10.3   ....... school in ....... School District No. ......., ......., 
 10.4   to effectively serve, prior to adjudication, the student whose 
 10.5   records are released.  The undersigned will not disclose the 
 10.6   information received to any other party, except as provided 
 10.7   under state law, without prior written consent required by Code 
 10.8   of Federal Regulations, title 34, section 99.38(b).  The 
 10.9   undersigned further certifies that the undersigned understands 
 10.10  that by signing this request the undersigned is subject to the 
 10.11  penalties in Minnesota Statutes, section 13.09. 
 10.12  .......................................................
 10.13  Signature/Title/Department of Public Safety
 10.14     Sec. 5.  Minnesota Statutes 2004, section 120A.22, 
 10.15  subdivision 12, is amended to read: 
 10.16     Subd. 12.  [LEGITIMATE EXEMPTIONS.] A parent, guardian, or 
 10.17  other person having control of a child may apply to a school 
 10.18  district to have the child excused from attendance for the whole 
 10.19  or any part of the time school is in session during any school 
 10.20  year.  Application may be made to any member of the board, a 
 10.21  truant officer, a principal, or the superintendent.  The school 
 10.22  district may state in its school attendance policy that it may 
 10.23  ask the student's parent or legal guardian to verify in writing 
 10.24  the reason for the child's absence from school.  The board of 
 10.25  the district in which the child resides may approve the 
 10.26  application upon the following being demonstrated to the 
 10.27  satisfaction of that board: 
 10.28     (1) that the child's bodily or mental condition is such as 
 10.29  to prevent attendance at school or application to study for the 
 10.30  period required; or, which includes: 
 10.31     (i) child illness, medical, dental, orthodontic, or 
 10.32  counseling appointments; 
 10.33     (ii) family emergencies; 
 10.34     (iii) the death or serious illness or funeral of an 
 10.35  immediate family member; 
 10.36     (iv) active duty in any military branch of the United 
 11.1   States; or 
 11.2      (v) other exemptions included in the district's school 
 11.3   attendance policy; 
 11.4      (2) that for the school years 1988-1989 through 1999-2000 
 11.5   the child has already completed the studies ordinarily required 
 11.6   in the 10th grade and that for the school years beginning with 
 11.7   the 2000-2001 school year the child has already completed the 
 11.8   studies ordinarily required to graduate the child has already 
 11.9   completed state and district standards required for graduation 
 11.10  from high school; or 
 11.11     (3) that it is the wish of the parent, guardian, or other 
 11.12  person having control of the child, that the child attend for a 
 11.13  period or periods not exceeding in the aggregate three hours in 
 11.14  any week, a school for religious instruction conducted and 
 11.15  maintained by some church, or association of churches, or any 
 11.16  Sunday school association incorporated under the laws of this 
 11.17  state, or any auxiliary thereof.  This school for religious 
 11.18  instruction must be conducted and maintained in a place other 
 11.19  than a public school building, and it must not, in whole or in 
 11.20  part, be conducted and maintained at public expense.  However, a 
 11.21  child may be absent from school on such days as the child 
 11.22  attends upon instruction according to the ordinances of some 
 11.23  church. 
 11.24     Sec. 6.  [120A.23] [SCHOOL ATTENDANCE REQUIREMENT; DRIVING 
 11.25  PRIVILEGES.] 
 11.26     A district school board, board of a state approved 
 11.27  alternative program (SAAP), or charter school board of directors 
 11.28  may, by majority vote, waive the school attendance requirement 
 11.29  for driving privileges under section 171.056 for the students it 
 11.30  enrolls.  The board must vote to waive the requirement before 
 11.31  September 1 of the initial school year in which the waiver is 
 11.32  effective and must immediately transmit an electronic notice to 
 11.33  the Department of Public Safety.  If a board intends to rescind 
 11.34  its waiver and require students to comply with the school 
 11.35  attendance requirement under section 171.056 for any subsequent 
 11.36  school year, the board must vote before September 1 of the 
 12.1   school year in which the waiver is initially rescinded and 
 12.2   immediately must transmit an electronic notice to the Department 
 12.3   of Public Safety. 
 12.4      [EFFECTIVE DATE.] This section is effective July 1, 2005. 
 12.5      Sec. 7.  [121A.655] [SCHOOL ATTENDANCE REQUIREMENT; DRIVING 
 12.6   PRIVILEGES.] 
 12.7      Students enrolled in a school district, charter school, or 
 12.8   alternative education program that does not waive the school 
 12.9   attendance requirement for driving privileges are subject to 
 12.10  section 171.056, among other related sections.  
 12.11     Sec. 8.  Minnesota Statutes 2004, section 171.04, 
 12.12  subdivision 1, is amended to read: 
 12.13     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
 12.14  shall not issue a driver's license: 
 12.15     (1) to any person under 18 years unless: 
 12.16     (i) the applicant is 16 or 17 years of age and has a 
 12.17  previously issued valid license from another state or country or 
 12.18  the applicant has, for the 12 consecutive months preceding 
 12.19  application, held a provisional license and during that time has 
 12.20  incurred (A) no conviction for a violation of section 169A.20, 
 12.21  169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no 
 12.22  conviction for a crash-related moving violation, and (C) not 
 12.23  more than one conviction for a moving violation that is not 
 12.24  crash related.  "Moving violation" means a violation of a 
 12.25  traffic regulation but does not include a parking violation, 
 12.26  vehicle equipment violation, or warning citation; 
 12.27     (ii) the application for a license is approved by (A) 
 12.28  either parent when both reside in the same household as the 
 12.29  minor applicant or, if otherwise, then (B) the parent or spouse 
 12.30  of the parent having custody or, in the event there is no court 
 12.31  order for custody, then (C) the parent or spouse of the parent 
 12.32  with whom the minor is living or, if subitems (A) to (C) do not 
 12.33  apply, then (D) the guardian having custody of the minor or, in 
 12.34  the event a person under the age of 18 has no living father, 
 12.35  mother, or guardian, or is married or otherwise legally 
 12.36  emancipated, then (E) the minor's adult spouse, adult close 
 13.1   family member, or adult employer; provided, that the approval 
 13.2   required by this item contains a verification of the age of the 
 13.3   applicant and the identity of the parent, guardian, adult 
 13.4   spouse, adult close family member, or adult employer; and 
 13.5      (iii) the applicant presents a certification by the person 
 13.6   who approves the application under item (ii), stating that the 
 13.7   applicant has driven a motor vehicle accompanied by and under 
 13.8   supervision of a licensed driver at least 21 years of age for at 
 13.9   least ten hours during the period of provisional licensure; and 
 13.10     (iv) the applicant certifies either (A) the applicant's 
 13.11  school attendance under section 171.056 and the district, 
 13.12  charter school, or alternative education program in which the 
 13.13  applicant is currently enrolled, or (B) that the enrolling 
 13.14  district, charter school, or alternative education program board 
 13.15  waived the attendance requirement under section 120A.23; 
 13.16     (2) to any person who is 18 years of age or younger, unless 
 13.17  the person has applied for, been issued, and possessed the 
 13.18  appropriate instruction permit for a minimum of six months, and, 
 13.19  with respect to a person under 18 years of age, a provisional 
 13.20  license for a minimum of 12 months; 
 13.21     (3) to any person who is 19 years of age or older, unless 
 13.22  that person has applied for, been issued, and possessed the 
 13.23  appropriate instruction permit for a minimum of three months; 
 13.24     (4) to any person whose license has been suspended during 
 13.25  the period of suspension except that a suspended license may be 
 13.26  reinstated during the period of suspension upon the licensee 
 13.27  furnishing proof of financial responsibility in the same manner 
 13.28  as provided in the Minnesota No-Fault Automobile Insurance Act; 
 13.29     (5) to any person whose license has been revoked except 
 13.30  upon furnishing proof of financial responsibility in the same 
 13.31  manner as provided in the Minnesota No-Fault Automobile 
 13.32  Insurance Act and if otherwise qualified; 
 13.33     (6) to any drug-dependent person, as defined in section 
 13.34  254A.02, subdivision 5; 
 13.35     (7) to any person who has been adjudged legally incompetent 
 13.36  by reason of mental illness, mental deficiency, or inebriation, 
 14.1   and has not been restored to capacity, unless the department is 
 14.2   satisfied that the person is competent to operate a motor 
 14.3   vehicle with safety to persons or property; 
 14.4      (8) to any person who is required by this chapter to take a 
 14.5   vision, knowledge, or road examination, unless the person has 
 14.6   successfully passed the examination.  An applicant who fails 
 14.7   four road tests must complete a minimum of six hours of 
 14.8   behind-the-wheel instruction with an approved instructor before 
 14.9   taking the road test again; 
 14.10     (9) to any person who is required under the Minnesota 
 14.11  No-Fault Automobile Insurance Act to deposit proof of financial 
 14.12  responsibility and who has not deposited the proof; 
 14.13     (10) to any person when the commissioner has good cause to 
 14.14  believe that the operation of a motor vehicle on the highways by 
 14.15  the person would be inimical to public safety or welfare; 
 14.16     (11) to any person when, in the opinion of the 
 14.17  commissioner, the person is afflicted with or suffering from a 
 14.18  physical or mental disability or disease that will affect the 
 14.19  person in a manner as to prevent the person from exercising 
 14.20  reasonable and ordinary control over a motor vehicle while 
 14.21  operating it upon the highways; 
 14.22     (12) to a person who is unable to read and understand 
 14.23  official signs regulating, warning, and directing traffic; 
 14.24     (13) to a child for whom a court has ordered denial of 
 14.25  driving privileges under section 260C.201, subdivision 1, or 
 14.26  260B.235, subdivision 5, until the period of denial is 
 14.27  completed; or 
 14.28     (14) to any person whose license has been canceled, during 
 14.29  the period of cancellation. 
 14.30     [EFFECTIVE DATE.] This section is effective September 1, 
 14.31  2005, and applies to all persons under 18 years of age 
 14.32  possessing or applying for a driver's instruction permit or 
 14.33  provisional license on or after that date. 
 14.34     Sec. 9.  Minnesota Statutes 2004, section 171.05, 
 14.35  subdivision 2, is amended to read: 
 14.36     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 15.1   Notwithstanding any provision in subdivision 1 to the contrary, 
 15.2   the department may issue an instruction permit to an applicant 
 15.3   who is 15, 16, or 17 years of age and who: 
 15.4      (1) has completed a course of driver education in another 
 15.5   state, has a previously issued valid license from another state, 
 15.6   or is enrolled in either: 
 15.7      (i) a public, private, or commercial driver education 
 15.8   program that is approved by the commissioner of public safety 
 15.9   and that includes classroom and behind-the-wheel training; or 
 15.10     (ii) an approved behind-the-wheel driver education program 
 15.11  when the student is receiving full-time instruction in a home 
 15.12  school within the meaning of sections 120A.22 and 120A.24, the 
 15.13  student is working toward a homeschool diploma, the student's 
 15.14  status as a homeschool student has been certified by the 
 15.15  superintendent of the school district in which the student 
 15.16  resides, and the student is taking home-classroom driver 
 15.17  training with classroom materials approved by the commissioner 
 15.18  of public safety; 
 15.19     (2) has completed the classroom phase of instruction in the 
 15.20  driver education program; 
 15.21     (3) has passed a test of the applicant's eyesight; 
 15.22     (4) has passed a department-administered test of the 
 15.23  applicant's knowledge of traffic laws; 
 15.24     (5) has completed the required application, which must be 
 15.25  approved by (i) either parent when both reside in the same 
 15.26  household as the minor applicant or, if otherwise, then (ii) the 
 15.27  parent or spouse of the parent having custody or, in the event 
 15.28  there is no court order for custody, then (iii) the parent or 
 15.29  spouse of the parent with whom the minor is living or, if items 
 15.30  (i) to (iii) do not apply, then (iv) the guardian having custody 
 15.31  of the minor or, in the event a person under the age of 18 has 
 15.32  no living father, mother, or guardian, or is married or 
 15.33  otherwise legally emancipated, then (v) the applicant's adult 
 15.34  spouse, adult close family member, or adult employer; provided, 
 15.35  that the approval required by this clause contains a 
 15.36  verification of the age of the applicant and the identity of the 
 16.1   parent, guardian, adult spouse, adult close family member, or 
 16.2   adult employer; and 
 16.3      (6) the applicant certifies either (i) the applicant's 
 16.4   school attendance under section 171.056 and the district, 
 16.5   charter school, or alternative education program in which the 
 16.6   applicant is currently enrolled, or (ii) that the enrolling 
 16.7   district, charter school, or alternative education program board 
 16.8   waived the attendance requirement under section 120A.23; and 
 16.9      (7) has paid the fee required in section 171.06, 
 16.10  subdivision 2. 
 16.11     (b) The instruction permit is valid for one year from the 
 16.12  date of application and may be renewed upon payment of a fee 
 16.13  equal to the fee for issuance of an instruction permit under 
 16.14  section 171.06, subdivision 2. 
 16.15     [EFFECTIVE DATE.] This section is effective September 1, 
 16.16  2005, and applies to all persons under 18 years of age 
 16.17  possessing or applying for a driver's instruction permit on or 
 16.18  after that date. 
 16.19     Sec. 10.  Minnesota Statutes 2004, section 171.05, 
 16.20  subdivision 2b, is amended to read: 
 16.21     Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
 16.22  (a) This subdivision applies to persons who have applied for and 
 16.23  received an instruction permit under subdivision 2. 
 16.24     (b) The permit holder may, with the permit in possession, 
 16.25  operate a motor vehicle, but must be accompanied by and be under 
 16.26  the supervision of a certified driver education instructor, the 
 16.27  permit holder's parent or guardian, or another licensed driver 
 16.28  age 21 or older.  The supervisor must occupy the seat beside the 
 16.29  permit holder. 
 16.30     (c) The permit holder may operate a motor vehicle only when 
 16.31  every occupant under the age of 18 has a seat belt or child 
 16.32  passenger restraint system properly fastened.  A person who 
 16.33  violates this paragraph is subject to a fine of $25.  A peace 
 16.34  officer may not issue a citation for a violation of this 
 16.35  paragraph unless the officer lawfully stopped or detained the 
 16.36  driver of the motor vehicle for a moving violation as defined in 
 17.1   section 171.04, subdivision 1.  The commissioner shall not 
 17.2   record a violation of this paragraph on a person's driving 
 17.3   record. 
 17.4      (d) The permit holder must maintain a driving record free 
 17.5   of convictions for moving violations, as defined in section 
 17.6   171.04, subdivision 1, and free of convictions for violation of 
 17.7   section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
 17.8   169A.53.  If the permit holder drives a motor vehicle in 
 17.9   violation of the law, the commissioner shall suspend, cancel, or 
 17.10  revoke the permit in accordance with the statutory section 
 17.11  violated. 
 17.12     (e) The permit holder must comply with the school 
 17.13  attendance requirement under section 171.056, except when the 
 17.14  attendance requirement is waived under section 120A.23.  If the 
 17.15  permit holder does not attend school as required, the 
 17.16  commissioner must cancel the permit according to section 171.056.
 17.17     [EFFECTIVE DATE.] This section is effective September 1, 
 17.18  2005, and applies to all persons under 18 years of age 
 17.19  possessing or applying for a driver's instruction permit on or 
 17.20  after that date. 
 17.21     Sec. 11.  Minnesota Statutes 2004, section 171.05, 
 17.22  subdivision 3, is amended to read: 
 17.23     Subd. 3.  [MOTORIZED BICYCLE.] Notwithstanding any 
 17.24  provision in subdivision 1 to the contrary, the department, upon 
 17.25  application and payment of the fee prescribed in section 171.02, 
 17.26  subdivision 3, may issue a motorized bicycle instruction permit 
 17.27  to an applicant who is 15 years of age and, who has successfully 
 17.28  completed the written portion of the examination prescribed by 
 17.29  the commissioner, and who certifies either (i) the applicant's 
 17.30  school attendance under section 171.056 and the district, 
 17.31  charter school, or alternative education program in which the 
 17.32  applicant is currently enrolled, or (ii) that the enrolling 
 17.33  district, charter school, or alternative education program board 
 17.34  waived the attendance requirement under section 120A.23.  The 
 17.35  holder of this instruction permit who has the permit in 
 17.36  possession may operate a motorized bicycle within one mile of 
 18.1   the holder's residence for the purpose of practicing to take the 
 18.2   operator portion of the examination prescribed by the 
 18.3   commissioner. 
 18.4      [EFFECTIVE DATE.] This section is effective September 1, 
 18.5   2005, and applies to all persons under 18 years of age 
 18.6   possessing or applying for a motorized bicycle instruction 
 18.7   permit on or after that date. 
 18.8      Sec. 12.  [171.056] [SCHOOL ATTENDANCE REQUIREMENT FOR 
 18.9   DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, AND 
 18.10  PROVISIONAL LICENSE.] 
 18.11     Subdivision 1.  [DEFINITIONS.] (a) As used in this section 
 18.12  the terms defined in this subdivision have the meanings given 
 18.13  them. 
 18.14     (b) "Dismissal" or "dismissed" means a student who is 
 18.15  expelled or excluded under the Pupil Fair Dismissal Act, 
 18.16  sections 121A.40 to 121A.56, and is not participating in 
 18.17  alternative education services offered during the term of the 
 18.18  expulsion or exclusion. 
 18.19     (c) "Habitual truant" means a person absent from attendance 
 18.20  at school as defined under section 260C.101, subdivision 19. 
 18.21     (d) "Public school" means a public school, state approved 
 18.22  alternative program (SAAP), or charter school. 
 18.23     (e) "School board" means a public school district school 
 18.24  board, SAAP board, or charter school board of directors. 
 18.25     (f) "School principal" means a principal or chief 
 18.26  administrative officer of a public school. 
 18.27     Subd. 2.  [ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION 
 18.28  PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL LICENSE.] (a) 
 18.29  Notwithstanding any law to the contrary, except when the 
 18.30  attendance requirement is waived under section 120A.23, school 
 18.31  attendance is a requirement for issuing a new driver's 
 18.32  instruction permit, motorized bicycle permit, or provisional 
 18.33  license or renewing the permit of a person under 18 years of age.
 18.34  The person meets the school attendance requirement when the 
 18.35  person: 
 18.36     (1) has a high school diploma or general education 
 19.1   development certificate (GED); 
 19.2      (2) has withdrawn from school under section 120A.22, 
 19.3   subdivision 8; or 
 19.4      (3)(i) is enrolled and attending a public school and is not 
 19.5   habitually truant, is enrolled and attending a nonpublic school, 
 19.6   or is homeschooled; and 
 19.7      (ii) is not dismissed from school under subdivision 1, 
 19.8   paragraph (b). 
 19.9      (b) A person under 18 years of age who applies for a 
 19.10  motorized bicycle permit, instruction permit, or provisional 
 19.11  license must submit information to the Department of Public 
 19.12  Safety in the manner and format it prescribes certifying that 
 19.13  the person has met the requirements of paragraph (a). 
 19.14     (c) If applicable, a school principal must certify on the 
 19.15  form under section 13.32, subdivision 8, paragraph (c), a 
 19.16  person's absence from school because the person is a habitual 
 19.17  truant, or the person is dismissed.  A public school in its 
 19.18  student attendance policy must give notice to the parent or 
 19.19  guardian and student that it will disclose the absence of a 
 19.20  student to the Department of Public Safety for the purposes of 
 19.21  this section to enable the juvenile justice system to 
 19.22  effectively serve, prior to adjudication, the student whose 
 19.23  absence information because of habitual truancy or dismissal is 
 19.24  released. 
 19.25     Subd. 3.  [CANCELLATION OF PERMIT OR LICENSE.] (a) 
 19.26  Notwithstanding any law to the contrary, the Department of 
 19.27  Public Safety shall cancel the motorized bicycle permit, 
 19.28  instruction permit, or provisional license of a person under 18 
 19.29  years of age when a school principal notifies the department 
 19.30  that the person: 
 19.31     (1) is absent from school because the person is a habitual 
 19.32  truant consistent with the school district student attendance 
 19.33  policy and section 120A.22, subdivision 12, is not being 
 19.34  homeschooled or attending a nonpublic school, has not withdrawn 
 19.35  from school under section 120A.22, subdivision 8, and has not 
 19.36  obtained a high school diploma or general education development 
 20.1   certificate (GED); or 
 20.2      (2) is absent from school because the person has been 
 20.3   dismissed from a public school, is not enrolled and attending 
 20.4   any other public school or nonpublic school, and is not 
 20.5   homeschooled. 
 20.6   The public school must release the data to the Department of 
 20.7   Public Safety according to the Family Education Rights and 
 20.8   Privacy Act (FERPA), United States Code, title 20, section 
 20.9   1232g; Code of Federal Regulations, title 34, part 99; and the 
 20.10  Minnesota Data Practices Act, chapter 13. 
 20.11     (b) Notwithstanding section 171.14, or other law to the 
 20.12  contrary, the Department of Public Safety shall cancel the 
 20.13  permit or license of a person under 18 years of age until the 
 20.14  earliest of: 
 20.15     (1) the person becomes 18 years of age; or 
 20.16     (2) a school principal notifies the department to reinstate 
 20.17  the person's permit or license because: 
 20.18     (i) the person attended school for 120 days after the date 
 20.19  the department issued its cancellation notice or until the end 
 20.20  of the semester during which the person returns to school, 
 20.21  whichever occurs last; or 
 20.22     (ii) a school principal, at the direction of the school 
 20.23  board, rescinds the person's dismissal. 
 20.24     (c) A public school must notify: 
 20.25     (1) the Department of Public Safety by any reasonable means 
 20.26  on the form under section 13.32, subdivision 8, paragraph (c); 
 20.27  and 
 20.28     (2) five days before notifying the department, the person 
 20.29  and the person's parent or legal guardian by first class mail or 
 20.30  other reasonable means, that the person's motorized bicycle 
 20.31  permit, instruction permit, or provisional license will be 
 20.32  canceled and the person may request a hardship waiver from the 
 20.33  person's school district superintendent or the equivalent 
 20.34  administrator of a SAAP or charter school under subdivision 4. 
 20.35     The Department of Public Safety shall notify the person 
 20.36  that the person's permit or license has been canceled under 
 21.1   section 171.14. 
 21.2      (d) When a person satisfies a requirement for reinstating 
 21.3   driving privileges under paragraph (b), a school principal shall 
 21.4   electronically or by other reasonable means certify to the 
 21.5   department on the form under section 13.32, subdivision 8, 
 21.6   paragraph (c), that the person has satisfied a requirement under 
 21.7   paragraph (b). 
 21.8      Subd. 4.  [EXPUNGEMENT OF RECORD.] Upon receiving the 
 21.9   written or electronic request of a student who is age 18 or 
 21.10  older, the Department of Public Safety must expunge from the 
 21.11  department's motor vehicle records all the student's truancy 
 21.12  data related to the department refusing to issue or canceling 
 21.13  the student's permit or license under this section.  
 21.14     Subd. 5.  [HARDSHIP WAIVER.] A person whose permit or 
 21.15  provisional license is canceled, or has received notice that the 
 21.16  permit or provisional license will be canceled under this 
 21.17  section may submit to the school district superintendent or the 
 21.18  equivalent administrator of an SAAP or charter school a request 
 21.19  for a hardship waiver hearing in a manner and on a form the 
 21.20  superintendent or administrator prescribes.  The superintendent 
 21.21  or administrator must appoint a committee to hear the evidence 
 21.22  and recommend in writing whether or not to cancel the person's 
 21.23  motorized bicycle permit, instruction permit, or provisional 
 21.24  license within seven days after the superintendent or 
 21.25  administrator receives the request.  A school principal, the 
 21.26  person whose permit or license is canceled or has received 
 21.27  notice that the permit or provisional license will be canceled, 
 21.28  and the person's parent or guardian may present evidence.  The 
 21.29  committee must submit for a final decision, to the 
 21.30  superintendent or equivalent administrator, within two days of 
 21.31  the date of the hearing, its recommendation, evidence, and other 
 21.32  related documents.  The school principal must transmit notice by 
 21.33  any reasonable means to the Department of Public Safety on the 
 21.34  form under section 13.32, subdivision 8, paragraph (c), within 
 21.35  seven days after the date of the hardship hearing indicating 
 21.36  whether or not to reinstate the driving privileges.  The 
 22.1   decision of the superintendent or administrator is final. 
 22.2      [EFFECTIVE DATE.] This section is effective September 1, 
 22.3   2005, and applies to all persons under 18 years of age 
 22.4   possessing or applying for a motorized bicycle permit, driver's 
 22.5   instruction permit, or provisional license on or after that date.
 22.6      Sec. 13.  Minnesota Statutes 2004, section 260A.03, is 
 22.7   amended to read: 
 22.8      260A.03 [NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A 
 22.9   CONTINUING TRUANT.] 
 22.10     Upon a child's initial classification as a continuing 
 22.11  truant, the school attendance officer or other designated school 
 22.12  official shall notify the child's parent or legal guardian, by 
 22.13  first-class mail or other reasonable means, of the following: 
 22.14     (1) that the child is truant; 
 22.15     (2) that the parent or guardian should notify the school if 
 22.16  there is a valid excuse for the child's absences; 
 22.17     (3) that the parent or guardian is obligated to compel the 
 22.18  attendance of the child at school pursuant to section 120A.22 
 22.19  and parents or guardians who fail to meet this obligation may be 
 22.20  subject to prosecution under section 120A.34; 
 22.21     (4) that this notification serves as the notification 
 22.22  required by section 120A.34; 
 22.23     (5) that alternative educational programs and services may 
 22.24  be available in the district; 
 22.25     (6) that the parent or guardian has the right to meet with 
 22.26  appropriate school personnel to discuss solutions to the child's 
 22.27  truancy; 
 22.28     (7) that the school principal or chief administrative 
 22.29  officer must notify the Department of Public Safety to cancel 
 22.30  the child's driving privileges under section 171.056 when the 
 22.31  child is a habitual truant under section 260C.007, subdivision 
 22.32  19, unless the attendance requirement is waived under section 
 22.33  120A.23.  The school principal or chief administrative officer 
 22.34  may release this data to the Department of Public Safety to 
 22.35  assist the juvenile justice system and enable the system to 
 22.36  effectively serve, prior to adjudication, a child who is 
 23.1   habitually truant; 
 23.2      (8) that if the child continues to be truant, the parent 
 23.3   and child may be subject to juvenile court proceedings under 
 23.4   chapter 260C; 
 23.5      (8) (9) that if the child is subject to juvenile court 
 23.6   proceedings, the child may be subject to suspension, 
 23.7   restriction, or delay of the child's driving privilege pursuant 
 23.8   to section 260C.201; and 
 23.9      (9) (10) that it is recommended that the parent or guardian 
 23.10  accompany the child to school and attend classes with the child 
 23.11  for one day. 
 23.12     [EFFECTIVE DATE.] This section is effective September 1, 
 23.13  2005.