HF 1037

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to education; reducing mandates for home schools; amending Minnesota
Statutes 2008, sections 120A.22, subdivision 11; 120A.24; 120A.26, subdivisions
3, 4, 5; 121A.15, subdivision 8; 123B.42, subdivision 1; 123B.44, subdivision 1;
171.05, subdivision 2; 171.17, subdivision 1; 171.22, subdivision 1; 181A.05,
subdivision 1; repealing Minnesota Statutes 2008, section 120A.26, subdivisions
1, 2.

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

Section 1.

Minnesota Statutes 2008, section 120A.22, subdivision 11, is amended to
read:

Subd. 11.

Assessment of performance.

(a) Each year the performance of
every child who is not enrolled in a public school must be assessed using a nationally
norm-referenced standardized achievement examination new text begin or a nationally recognized
college entrance exam new text end . deleted text begin 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.
deleted text end

deleted text begin (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).
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end 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.

Sec. 2.

Minnesota Statutes 2008, section 120A.24, is amended to read:

120A.24 REPORTING.

Subdivision 1.

Reports to superintendent.

The person in charge of providing
instruction to a child must submit deleted text begin the following information deleted text end to the superintendent of the
district in which the child resides new text begin the name, birth date, and address of the child; the name
of each instructor; and evidence of compliance with one of the requirements specified in
section 120A.22, subdivision 10 new text end :

(1) by October 1 of deleted text begin each deleted text end new text begin the first new text end school year deleted text begin , the name, birth date, and address of
each child receiving instruction deleted text end new text begin the child receives instruction after age seven new text end ;

deleted text begin (2) the name of each instructor and evidence of compliance with one of the
requirements specified in section 120A.22, subdivision 10;
deleted text end

deleted text begin (3) an annual instructional calendar; and
deleted text end

deleted text begin (4) for each child instructed by a parent who meets only the requirement of section
120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
child in each subject area required in section 120A.22, subdivision 9.
deleted text end

new text begin (2) within 15 days of when a parent withdraws a child from public school after
age seven to homeschool;
new text end

new text begin (3) within 15 days of moving out of a district; and
new text end

new text begin (4) by October 1 after a new resident district is established.
new text end

Subd. 2.

Availability of documentation.

new text begin (a) new text end The person in charge of providing
instruction to a child must deleted text begin make available deleted text end new text begin maintain new text end documentation indicating that the
subjects required in section 120A.22, subdivision 9, are being taught new text begin and proof that the
tests under section 120A.22, subdivision 11, have been administered new text end . This documentation
must include class schedules, copies of materials used for instruction, and descriptions of
methods used to assess student achievement.

new text begin (b) The parent of a child who enrolls full-time in public school after having been
enrolled in a homeschool under section 120A.22, subdivision 6, must provide the enrolling
public school or school district with the child's scores on any tests administered to the
child under section 120A.22, subdivision 11, and other education-related documents the
enrolling school or district requires to determine where the child is placed in school and
what course requirements apply. This paragraph does not apply to a shared-time student
who does not seek a public school diploma.
new text end

Subd. 3.

Exemptions.

A nonpublic school, person, or other institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements in deleted text begin subdivisions 1 and deleted text end new text begin
subdivision new text end 2 deleted text begin , except for the requirement in subdivision 1, clause (1) deleted text end .

Subd. 4.

Reports to the state.

A superintendent must make an annual report to the
commissioner of education new text begin by December 1 of the total number of nonpublic children
reported as residing in the district new text end . deleted text begin The report must include the following information:
deleted text end

deleted text begin (1) the number of children residing in the district attending nonpublic schools or
receiving instruction from persons or institutions other than a public school;
deleted text end

deleted text begin (2) the number of children in clause (1) who are in compliance with section 120A.22
and this section; and
deleted text end

deleted text begin (3) the number of children in clause (1) who the superintendent has determined are
not in compliance with section 120A.22 and this section. deleted text end

Sec. 3.

Minnesota Statutes 2008, section 120A.26, subdivision 3, is amended to read:

Subd. 3.

Notice to parents.

The deleted text begin superintendent deleted text end new text begin county attorney in the county
in which the alleged violations have occurred new text end must notify new text begin the person who is providing
instruction to a child and new text end the parent, in writing, if new text begin there is probable cause to believe that new text end a
child is deleted text begin alleged to be deleted text end new text begin not new text end receiving instruction in deleted text begin violation of deleted text end new text begin compliance with new text end sections
120A.22 and 120A.24. The deleted text begin written deleted text end notification must include deleted text begin a list of deleted text end the specific alleged
violations new text begin and factual basis for them new text end .

Sec. 4.

Minnesota Statutes 2008, section 120A.26, subdivision 4, is amended to read:

Subd. 4.

Fact-finding and mediation.

If the specified alleged violations of the
compulsory attendance requirements are not corrected within 15 days of receipt of the
written notification, the deleted text begin superintendent deleted text end new text begin alleged violations new text end must deleted text begin request deleted text end new text begin be submitted by the
county authority for new text end fact-finding and mediation services from the commissioner.

Sec. 5.

Minnesota Statutes 2008, section 120A.26, subdivision 5, is amended to read:

Subd. 5.

Notice to county attorney.

If the alleged violations are not corrected
through the fact-finding and mediation process under subdivision 4, the deleted text begin superintendent deleted text end new text begin
commissioner or the commissioner's designee new text end must notify the county attorney of
the alleged violations new text begin that merit consideration for prosecution new text end . The deleted text begin superintendent deleted text end new text begin
commissioner or the commissioner's designee new text end must notify new text begin the person who is providing
instruction to a child and new text end the parents, by certified mail, of deleted text begin the superintendent's intent to
notify the county attorney of the deleted text end new text begin what specific new text end alleged violations new text begin merit consideration
for prosecution new text end .

Sec. 6.

Minnesota Statutes 2008, section 121A.15, subdivision 8, is amended to read:

Subd. 8.

Report.

The administrator or other person having general control and
supervision of the elementary or secondary school shall file a report with the commissioner
on all persons enrolled in the school. The superintendent of each district shall file a report
with the commissioner for all persons within the district receiving instruction in a home
school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
instruction in a home school shall submit the statements as required by subdivisions 1, 2,
3, and 4 to the superintendent of the district in which the person resides by October 1 of
deleted text begin each school year deleted text end new text begin the first year of their homeschooling and the 7th grade year new text end . The school
report must be prepared on forms developed jointly by the commissioner of health and the
commissioner of education and be distributed to the local districts by the commissioner
of health. The school report must state the number of persons attending the school, the
number of persons who have not been immunized according to subdivision 1 or 2, and
the number of persons who received an exemption under subdivision 3, clause (c) or (d).
The school report must be filed with the commissioner of education within 60 days of the
commencement of each new school term. Upon request, a district must be given a 60-day
extension for filing the school report. The commissioner of education shall forward the
report, or a copy thereof, to the commissioner of health who shall provide summary
reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
or other person having general control and supervision of the child care facility shall file a
report with the commissioner of human services on all persons enrolled in the child care
facility. The child care facility report must be prepared on forms developed jointly by
the commissioner of health and the commissioner of human services and be distributed
to child care facilities by the commissioner of health. The child care facility report
must state the number of persons enrolled in the facility, the number of persons with no
immunizations, the number of persons who received an exemption under subdivision 3,
clause (c) or (d), and the number of persons with partial or full immunization histories.
The child care facility report must be filed with the commissioner of human services by
November 1 of each year. The commissioner of human services shall forward the report,
or a copy thereof, to the commissioner of health who shall provide summary reports to
boards of health as defined in section 145A.02, subdivision 2. The report required by this
subdivision is not required of a family child care or group family child care facility, for
prekindergarten children enrolled in any elementary or secondary school provided services
according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
75 percent of children in the facility participate on a onetime only or occasional basis to a
maximum of 45 hours per child, per month.

Sec. 7.

Minnesota Statutes 2008, section 123B.42, subdivision 1, is amended to read:

Subdivision 1.

Providing education materials and tests.

The commissioner of
education shall promulgate rules under the provisions of chapter 14 requiring that in
each school year, based upon formal requests by or on behalf of nonpublic school pupils
in a nonpublic school new text begin with enrollment that exceeds 15 students new text end , the local districts or
intermediary service areas must purchase or otherwise acquire textbooks, individualized
instructional or cooperative learning materials, and standardized tests and loan or provide
them for use by children enrolled in that nonpublic school. These textbooks, individualized
instructional or cooperative learning materials, and standardized tests must be loaned or
provided free to the children for the school year for which requested. The loan or provision
of the textbooks, individualized instructional or cooperative learning materials, and
standardized tests shall be subject to rules prescribed by the commissioner of education.

Sec. 8.

Minnesota Statutes 2008, section 123B.44, subdivision 1, is amended to read:

Subdivision 1.

Provided services.

The commissioner of education shall promulgate
rules under the provisions of chapter 14 requiring each district or other intermediary
service area: (a) to provide each year upon formal request by a specific date by or on
behalf of a nonpublic school pupil enrolled in a nonpublic school located in that district
or area new text begin with a total enrollment of more than 15 pupils new text end , the same specific health services
as are provided for public school pupils by the district where the nonpublic school is
located; and (b) to provide each year upon formal request by a specific date by or on
behalf of a nonpublic school secondary pupil enrolled in a nonpublic school located in that
district or area, the same specific guidance and counseling services as are provided for
public school secondary pupils by the district where the nonpublic school is located. The
district where the nonpublic school is located must provide the necessary transportation
within the district boundaries between the nonpublic school and a public school or
neutral site for nonpublic school pupils who are provided pupil support services under
this section if the district elects to provide pupil support services at a site other than the
nonpublic school. Each request for pupil support services must set forth the guidance and
counseling or health services requested by or on behalf of all eligible nonpublic school
pupils enrolled in a given nonpublic school. No district or intermediary service area
must not expend an amount for these pupil support services which exceeds the amount
allotted to it under this section.

Sec. 9.

Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a) Notwithstanding any provision
in subdivision 1 to the contrary, the department may issue an instruction permit to an
applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously
issued valid license from another state, or is enrolled in either:

(i) a public, private, or commercial driver education program that is approved by
the commissioner of public safety and that includes classroom and behind-the-wheel
training; or

(ii) an approved behind-the-wheel driver education program when the student is
receiving full-time instruction in a home school within the meaning of sections 120A.22
and 120A.24, the student is working toward a homeschool diploma, deleted text begin the student's status
as a homeschool student has been certified by the superintendent of the school district in
which the student resides, and deleted text end the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety new text begin , and the student's
parent or guardian has certified the student's homeschool and home-classroom driver
training status on the form approved by the commissioner new text end ;

(2) has completed the classroom phase of instruction in the driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the applicant's knowledge of traffic
laws;

(5) has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise, then
(ii) the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living
or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer; and

(6) has paid the fee required in section 171.06, subdivision 2.

(b) new text begin For the purposes of determining compliance with the certification of paragraph
(a), clause (1), item (ii), the commissioner may request verification of a student's
homeschool status from the superintendent of the school district in which the student
resides and the superintendent shall provide that verification.
new text end

new text begin (c) new text end The instruction permit is valid for two years from the date of application and
may be renewed upon payment of a fee equal to the fee for issuance of an instruction
permit under section 171.06, subdivision 2.

Sec. 10.

Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The department shall immediately revoke the license
of a driver upon receiving a record of the driver's conviction of:

(1) manslaughter resulting from the operation of a motor vehicle or criminal
vehicular homicide or injury under section 609.21;

(2) a violation of section 169A.20 or 609.487;

(3) a felony in the commission of which a motor vehicle was used;

(4) failure to stop and disclose identity and render aid, as required under section
169.09, in the event of a motor vehicle accident, resulting in the death or personal injury
of another;

(5) perjury or the making of a false affidavit or statement to the department under
any law relating to the new text begin application, new text end ownership new text begin , new text end or operation of a motor vehicle new text begin , including
on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to
issue an instruction permit to a homeschool student new text end ;

(6) except as this section otherwise provides, three charges of violating within a
period of 12 months any of the provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which the accused may be
punished upon conviction by imprisonment;

(7) two or more violations, within five years, of the misdemeanor offense described
in section 169.444, subdivision 2, paragraph (a);

(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
paragraph (b);

(9) an offense in another state that, if committed in this state, would be grounds for
revoking the driver's license; or

(10) a violation of an applicable speed limit by a person driving in excess of 100
miles per hour. The person's license must be revoked for six months for a violation of
this clause, or for a longer minimum period of time applicable under section 169A.53,
169A.54, or 171.174.

(b) The department shall immediately revoke the school bus endorsement of a driver
upon receiving a record of the driver's conviction of the misdemeanor offense described in
section 169.443, subdivision 7.

Sec. 11.

Minnesota Statutes 2008, section 171.22, subdivision 1, is amended to read:

Subdivision 1.

Violations.

With regard to any driver's license, including a
commercial driver's license, it shall be unlawful for any person:

(1) to display, cause or permit to be displayed, or have in possession, any fictitious
or fraudulently altered driver's license or Minnesota identification card;

(2) to lend the person's driver's license or Minnesota identification card to any other
person or knowingly permit the use thereof by another;

(3) to display or represent as one's own any driver's license or Minnesota
identification card not issued to that person;

(4) to use a fictitious name or date of birth to any police officer or in any application
for a driver's license or Minnesota identification card, or to knowingly make a false
statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
such application;

(5) to alter any driver's license or Minnesota identification card;

(6) to take any part of the driver's license examination for another or to permit
another to take the examination for that person;

(7) to make a counterfeit driver's license or Minnesota identification card;

(8) to use the name and date of birth of another person to any police officer for the
purpose of falsely identifying oneself to the police officer; deleted text begin or
deleted text end

(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
license. A person whose driving privileges have been withdrawn may display a driver's
license only for identification purposes new text begin ; or
new text end

new text begin (10) to submit a false affidavit or statement to the department on the certification
required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction
permit to a homeschool student new text end .

Sec. 12.

Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:

Subdivision 1.

When issued.

Any minor 14 or 15 years of age who wishes to work
on school days during school hours shall first secure an employment certificate. The
certificate shall be issued only by the school district superintendent, the superintendent's
agent, deleted text begin or deleted text end some other person designated by the Board of Education new text begin , or by the person in
charge of providing instruction for students enrolled in nonpublic schools as defined in
section 120A.22, subdivision 4 new text end . The employment certificate shall be issued only for
a specific position with a designated employer and shall be issued only in the following
circumstances:

(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
under section 181A.09 and as evidence thereof presents a signed statement from the
prospective employer; and

(2) if the parent or guardian of the minor consents to the employment; and

(3) if the issuing officer believes the minor is physically capable of handling the job
in question and further believes the best interests of the minor will be served by permitting
the minor to work.

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 120A.26, subdivisions 1 and 2, new text end new text begin are repealed.
new text end