Minnesota Legislature
HF 198
as introduced - 88th Legislature (2013 - 2014) Posted on 01/28/2013 01:44pm
Current Version - as introduced
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A bill for an act
relating to education; increasing the compulsory attendance age; amending
Minnesota Statutes 2012, sections 120A.22, subdivisions 5, 11; 120A.24,
subdivision 1; 124D.03, subdivision 12; 260C.007, subdivision 19; repealing
Minnesota Statutes 2012, section 120A.22, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 120A.22, subdivision 5, is amended to read:
Subd. 5.
Ages and terms.
(a) Every child between seven and deleted text begin 16deleted text end new text begin 18 new text end years of age
must receive instruction. Every child under the age of seven who is enrolled in a half-day
kindergarten, or a full-day kindergarten program on alternate days, or other kindergarten
programs shall receive instruction. Except as provided in subdivision 6, a parent may
withdraw a child under the age of seven from enrollment at any time.
(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school shall establish at the time of its action the criteria
for determining which children must receive instruction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2014-2015 school year and
later.
new text end
Sec. 2.
Minnesota Statutes 2012, section 120A.22, subdivision 11, is amended to read:
Subd. 11.
Assessment of performance.
(a) Each year the performance of
every child ages seven through deleted text begin 16deleted text end new text begin 18 new text end who is not enrolled in a public school must be
assessed using a nationally norm-referenced standardized achievement examination.
The superintendent of the district in which the child receives instruction and the person
in charge of the child's instruction must agree about the specific examination to be used
and the administration and location of the examination.
(b) To the extent the examination in paragraph (a) does not provide assessment in
all of the subject areas in subdivision 9, the parent must assess the child's performance
in the applicable subject area. This requirement applies only to a parent who provides
instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
child's performance on the total battery score is at or below the 30th percentile or one
grade level below the performance level for children of the same age, the parent must
obtain additional evaluation of the child's abilities and performance for the purpose of
determining whether the child has learning problems.
(d) A child receiving instruction from a nonpublic school, person, or institution that
is accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements of this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2014-2015 school year and
later.
new text end
Sec. 3.
Minnesota Statutes 2012, section 120A.24, subdivision 1, is amended to read:
Subdivision 1.
Reports to superintendent.
(a) The person or nonpublic school in
charge of providing instruction to a child must submit to the superintendent of the district
in which the child resides the name, birth date, and address of the child; the annual tests
intended to be used under section 120A.22, subdivision 11, if required; the name of each
instructor; and evidence of compliance with one of the requirements specified in section
120A.22, subdivision 10:
(1) by October 1 of the first school year the child receives instruction after reaching
the age of seven;
(2) within 15 days of when a parent withdraws a child from public school after
age seven to provide instruction in a nonpublic school that is not accredited by a
state-recognized accredited agency;
(3) within 15 days of moving out of a district; and
(4) by October 1 after a new resident district is established.
(b) The person or nonpublic school in charge of providing instruction to a child
between the ages of seven and deleted text begin 16deleted text end new text begin 18 new text end must submit, by October 1 of each school year,
a letter of intent to continue to provide instruction under this section for all students
under the person's or school's supervision and any changes to the information required in
paragraph (a) for each student.
(c) The superintendent may collect the required information under this section
through an electronic or Web-based format, but must not require electronic submission of
information under this section from the person in charge of reporting under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2014-2015 school year and
later.
new text end
Sec. 4.
Minnesota Statutes 2012, section 124D.03, subdivision 12, is amended to read:
Subd. 12.
Termination of enrollment.
A district may terminate the enrollment
of a nonresident student enrolled under this section or section 124D.08 at the end of a
school year if the student meets the definition of a habitual truant under section 260C.007,
subdivision 19, the student has been provided appropriate services under chapter 260A,
and the student's case has been referred to juvenile court. A district may also terminate the
enrollment of a nonresident student over the age of 16 enrolled under this section if the
student is absent without lawful excuse for one or more periods on 15 school days deleted text begin and has
not lawfully withdrawn from school under section 120A.22, subdivision 8deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2014-2015 school year and
later.
new text end
Sec. 5.
Minnesota Statutes 2012, section 260C.007, subdivision 19, is amended to read:
Subd. 19.
Habitual truant.
"Habitual truant" means a child under the age of deleted text begin 16
deleted text end new text begin 18 new text end years who is absent from attendance at school without lawful excuse for seven school
days new text begin per school year new text end if the child is in elementary school or for one or more class periods
on seven school days new text begin per school year new text end if the child is in middle school, junior high school,
or high schooldeleted text begin , or a child who is 16 or 17 years of age who is absent from attendance at
school without lawful excuse for one or more class periods on seven school days and who
has not lawfully withdrawn from school under section 120A.22, subdivision 8deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2014-2015 school year and
later.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, section 120A.22, subdivision 8,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2014-2015 school year and
later.
new text end