HF 2563

as introduced - 88th Legislature (2013 - 2014) Posted on 03/03/2014 02:40pm

A bill for an act
relating to education; modifying certain compulsory instruction provisions;
amending Minnesota Statutes 2013 Supplement, sections 120A.22, subdivisions
5, 11; 120A.24, subdivision 1.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 120A.22, subdivision 5,
is amended to read:

Subd. 5.

Ages and terms.

(a) Every child between deleted text begin seven deleted text end new text begin six new text end and 17 years of age
must receive instruction unless the child has graduated. Every child under the age of
deleted text begin seven deleted text end new text begin six new text end 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 deleted text begin seven deleted text end new text begin six new text end 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.

(c) A pupil 16 years of age or older who meets the criteria of section 124D.68,
subdivision 2, may be assigned to an area learning center. Such assignment may be made
only after consultation with the principal, area learning center director, and parent or
guardian.

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 2013 Supplement, section 120A.22, subdivision 11, is
amended to read:

Subd. 11.

Assessment of performance.

(a) Each year the performance of every
child ages deleted text begin seven deleted text end new text begin six new text end through 16 and every child ages 16 through 17 for which an initial
report was filed pursuant to section 120A.24, subdivision 1, after the child is 16 and 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 2013 Supplement, 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 deleted text begin seven deleted text end new text begin six new text end ;

(2) within 15 days of when a parent withdraws a child from public school after
age deleted text begin seven deleted text end new text begin six new text end 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 deleted text begin seven deleted text end new text begin six new text end and 16 and every child ages 16 through 17 for which an
initial report was filed pursuant to this subdivision after the child is 16 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