HF 3542

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 04:45pm

A bill for an act
relating to education; requiring a district to adopt a policy allowing space for mental
health care; amending Minnesota Statutes 2022, section 120A.22, subdivision 12;
proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

Minnesota Statutes 2022, 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 new text begin , including
appointments conducted through telehealth new text end ;

(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; or

(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.

(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 2024-2025 school year and later.
new text end

Sec. 2.

new text begin [121A.216] ACCESS TO SPACE FOR MENTAL HEALTH CARE THROUGH
TELEHEALTH.
new text end

new text begin To the extent space is available, a school district or charter school must provide an
enrolled secondary school student with access during regular school hours, and outside the
regular school day during times the school site is accessible to other persons, to space at
the school site that a student may use to receive mental health care through telehealth from
a student's licensed mental health provider. A student may use a school-issued device to
receive mental health care through telehealth if such use is consistent with the district or
school policy governing acceptable use of the school-issued device. A secondary school
must develop a plan with procedures to receive requests for access to space. The space must
be protected from intrusion and provide a student privacy to receive mental health care. A
school must make the space available beginning October 1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2024-2025 school year and later.
new text end