HF 2709

as introduced - 90th Legislature (2017 - 2018) Posted on 05/20/2017 10:08am

A bill for an act
relating to education; allowing excused absences for students participating in
performing arts; amending Minnesota Statutes 2016, section 120A.22, subdivision
12.

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

Section 1.

Minnesota Statutes 2016, section 120A.22, subdivision 12, is amended to read:

Subd. 12.

Legitimate exemptions.

(a) A parent, guardian, or other person having control
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to any member of the board, a truant officer, a principal, or the superintendent.
The school district may state in its school attendance policy that it may ask the student's
parent or legal guardian to verify in writing the reason for the child's absence from school.
A note from a physician or a licensed mental health professional stating that the child cannot
attend school is a valid excuse. The board of the district in which the child resides may
approve the application upon the following being demonstrated to the satisfaction of that
board:

(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:

(i) child illness, medical, dental, orthodontic, or counseling appointments;

(ii) family emergencies;

(iii) the death or serious illness or funeral of an immediate family member;

(iv) active duty in any military branch of the United States;

(v) the child has a condition that requires ongoing treatment for a mental health diagnosis;
or

(vi) other exemptions included in the district's school attendance policy;

(2) that the child has already completed state and district standards required for graduation
from high school; deleted text begin or
deleted text end

(3) that it is the wish of the parent, guardian, or other person having control of the child,
that the child attend for a period or periods not exceeding in the aggregate three hours in
any week, a school for religious instruction conducted and maintained by some church, or
association of churches, or any Sunday school association incorporated under the laws of
this state, or any auxiliary thereof. This school for religious instruction must be conducted
and maintained in a place other than a public school building, and it must not, in whole or
in part, be conducted and maintained at public expense. However, a child may be absent
from school on such days as the child attends upon instruction according to the ordinances
of some church deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) that the child's parent or guardian or other person having control of the child submits
a written request to the district asking that the child be excused from school for up to five
consecutive school days at a time, up to five times in any one school year, when the child
has agreed to participate in the entertainment or a related industry, provided there is also
an agreed-upon plan allowing the child to (i) receive instruction and (ii) complete and receive
credit for all coursework and tests the child misses during the child's absences.
new text end

(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end