HF 3827

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 01:02pm

A bill for an act
relating to education; requiring reporting on student attendance; amending
Minnesota Statutes 2022, section 120A.22, subdivisions 12, 13; Minnesota Statutes
2023 Supplement, section 123B.147, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapter 127A.

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, new text begin a school liaison, a counselor, a social
worker or other student support personnel, new text end a principal, or the superintendent. The school
district deleted text begin may deleted text end new text begin must new text end state in its school attendance policy that deleted text begin it may ask deleted text end the student's parent
or legal guardian deleted text begin to deleted text end new text begin must new text end 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; 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.

Sec. 2.

Minnesota Statutes 2022, section 120A.22, subdivision 13, is amended to read:

Subd. 13.

Issuing and reporting excuses.

The clerk or any authorized officer of the
board must issue and keep a record of deleted text begin such excuses deleted text end new text begin excused and unexcused absences new text end , under
such rules as the board may from time to time establish new text begin , and report data relating to absences
to the commissioner in accordance with section 127A.22 new text end .

Sec. 3.

Minnesota Statutes 2023 Supplement, section 123B.147, subdivision 3, is amended
to read:

Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative, supervisory,
and instructional leadership services, under the supervision of the superintendent of schools
of the district and according to the policies, rules, and regulations of the school board, for
the planning, management, operation, and evaluation of the education program of the building
or buildings to which the principal is assigned.

(b) To enhance a principal's culturally responsive leadership skills and support and
improve teaching practices, school performance, and student achievement for diverse student
populations, including at-risk students, children with disabilities, English learners, and gifted
students, among others, a district must develop and implement a performance-based system
for annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational management,
and professional development, and strengthen the principal's capacity in the areas of
instruction, supervision, evaluation, and teacher development;

(2) support and improve a principal's culturally responsive leadership practices that
create inclusive and respectful teaching and learning environments for all students, families,
and employees;

(3) include formative and summative evaluations based on multiple measures of student
progress toward career and college readiness;

(4) be consistent with a principal's job description, a district's long-term plans and goals,
and the principal's own professional multiyear growth plans and goals, all of which must
support the principal's leadership behaviors and practices, rigorous curriculum, school
performance, and high-quality instruction;

(5) include on-the-job observations and previous evaluations;

(6) allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school success;

(7) use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

new text begin (8) use longitudinal data on student attendance and identify a principal's efforts to address
the causes of student absenteeism;
new text end

deleted text begin (8) deleted text end new text begin (9) new text end be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, culturally responsive leadership
practices, and a collaborative professional culture; and

deleted text begin (9) deleted text end new text begin (10) new text end for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and specify
the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient flexibility
to accommodate district needs and goals related to developing, supporting, and evaluating
principals.

Sec. 4.

new text begin [127A.22] ATTENDANCE REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Absent" means not in attendance for a class or school day for any reason, whether
excused or not. Absent does not apply to participation in extracurricular activities.
new text end

new text begin (c) "Chronic absence rate" means the percentage of students in a school that missed ten
percent or more of school days since the beginning of the school year.
new text end

new text begin (d) "Chronically absent" or "chronic absenteeism" means that a student has been absent
for ten percent or more of classes or school days for any reason, whether excused or not,
when enrolled for more than ten days.
new text end

new text begin (e) "Excessively absent" or "excessive absenteeism" means that a student has ten or
more unexcused absences, including suspensions, from classes or school days.
new text end

new text begin (f) "Excused absence" means absence from a class or school day for an allowable reason
under a district or school attendance policy.
new text end

new text begin (g) "School day" means a portion of a day that is at least one-half of the time that each
student is expected to be receiving instruction in a school program.
new text end

new text begin (h) "Unexcused absence" means an absence from a class or school day for which the
student does not have an allowable excuse under the district or school attendance policy.
new text end

new text begin Subd. 2. new text end

new text begin State reporting system. new text end

new text begin (a) The commissioner must establish a reporting system
for school districts and charter schools to report the following to the commissioner each
school year for each school site:
new text end

new text begin (1) the number of students who were chronically absent and excessively absent;
new text end

new text begin (2) the chronic absence rate;
new text end

new text begin (3) the average number of excused absences and the reasons for the absences;
new text end

new text begin (4) the average number of unexcused absences and the reasons for the absences; and
new text end

new text begin (5) the number and percent of students who were absent:
new text end

new text begin (i) up to ten percent of classes or school days for any reason;
new text end

new text begin (ii) between ten and 29 percent of classes or school days for any reason;
new text end

new text begin (iii) between 30 and 49 percent of classes or school days for any reason; and
new text end

new text begin (iv) 50 percent or more of classes or school days for any reason.
new text end

new text begin (b) The data districts and charter schools report to the commissioner must be reported
in the aggregate and disaggregated by:
new text end

new text begin (1) grade band of kindergarten through grade 5, grades 6 through 8, or grades 9 through
12;
new text end

new text begin (2) gender;
new text end

new text begin (3) race or ethnicity;
new text end

new text begin (4) English learner status;
new text end

new text begin (5) disability status;
new text end

new text begin (6) homeless status; and
new text end

new text begin (7) eligibility for free or reduced-price meals.
new text end

new text begin (c) The commissioner must report the district and charter school data reported under
this section on the department website.
new text end