HF 762

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to children; including possible availability
of mental health screening in notice to parents of
truant children; amending Minnesota Statutes 2004,
sections 260A.03; 260A.04, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 260A.03, is
amended to read:

260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
CONTINUING TRUANT.

Upon a child's initial classification as a continuing
truant, the school attendance officer or other designated school
official shall notify the child's parent or legal guardian, by
first-class mail or other reasonable means, of the following:

(1) that the child is truant;

(2) that the parent or guardian should notify the school if
there is a valid excuse for the child's absences;

(3) that the parent or guardian is obligated to compel the
attendance of the child at school pursuant to section 120A.22
and parents or guardians who fail to meet this obligation may be
subject to prosecution under section 120A.34;

(4) that this notification serves as the notification
required by section 120A.34;

(5) that alternative educational programs and services may
be available in the district;

new text begin (6) that an assessment for underlying issues that are
contributing to the child's truant behavior, including a mental
health screening, may be available;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end that the parent or guardian has the right to meet
with appropriate school personnel to discuss solutions to the
child's truancy;

deleted text begin (7) deleted text end new text begin (8) new text end that if the child continues to be truant, the
parent and child may be subject to juvenile court proceedings
under chapter 260C;

deleted text begin (8) deleted text end new text begin (9) new text end that if the child is subject to juvenile court
proceedings, the child may be subject to suspension,
restriction, or delay of the child's driving privilege pursuant
to section 260C.201; and

deleted text begin (9) deleted text end new text begin (10) new text end that it is recommended that the parent or guardian
accompany the child to school and attend classes with the child
for one day.

Sec. 2.

Minnesota Statutes 2004, section 260A.04,
subdivision 2, is amended to read:

Subd. 2.

Community-based action projects.

Schools,
community agencies, law enforcement, parent associations, and
other interested groups may cooperate to provide coordinated
intervention, prevention, and educational services for truant
students and their families. Services may include:

(1) assessment for underlying issues that are contributing
to the child's truant behavior new text begin including a mental health
screening new text end ;

(2) referral to other community-based services for the
child and family, such as individual or family counseling,
educational testing, psychological evaluations, tutoring,
mentoring, and mediation;

(3) transition services to integrate the child back into
school and to help the child succeed once there;

(4) culturally sensitive programming and staffing; and

(5) increased school response, including in-school
suspension, better attendance monitoring and enforcement,
after-school study programs, new text begin classroom modifications and
accommodations, new text end and in-service training for teachers and staff.

Sec. 3.

Minnesota Statutes 2004, section 260A.04,
subdivision 3, is amended to read:

Subd. 3.

Truancy service centers.

(a) Truancy service
centers may be established as facilities to receive truant
students from peace officers and probation officers and provide
other appropriate services. A truancy service center may:

(1) assess a truant student's attendance situation,
including enrollment status, verification of truancy, and school
attendance history;

(2) assist in coordinating intervention efforts where
appropriate, including checking with juvenile probation and
children and family services to determine whether an active case
is pending and facilitating transfer to an appropriate facility,
if indicated; and evaluating the need for and making referral to
a health clinic, new text begin mental health provider, new text end chemical dependency
treatment, protective services, social or recreational programs,
or other school or community-based services and programs
described in subdivision 2;

(3) contact the parents or legal guardian of the truant
student and release the truant student to the custody of the
parents, guardian, or other suitable person; and

(4) facilitate the student's earliest possible return to
school.

(b) Truancy service centers may not accept:

(1) juveniles taken into custody for violations of law that
would be crimes if committed by adults;

(2) intoxicated juveniles;

(3) ill or injured juveniles; or

(4) juveniles older than mandatory school attendance age.

(c) Truancy service centers may expand their service
capability in order to receive curfew violators and take
appropriate action, such as coordination of intervention
efforts, contacting parents, and developing strategies to ensure
that parents assume responsibility for their children's curfew
violations.