SF 1808

as introduced - 89th Legislature (2015 - 2016) Posted on 08/17/2016 01:09pm

A bill for an act
relating to education; lowering the age of compulsory attendance from seven to
six; amending Minnesota Statutes 2014, sections 120A.22, subdivisions 5, 11;
120A.24, subdivision 1; 121A.15, subdivisions 2, 3, 4; 121A.17, subdivision
5; 125A.02, subdivision 1a; 125A.28.

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

Section 1.

Minnesota Statutes 2014, 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, and under clause (5) of that subdivision has been excluded or expelled from
school or under clause (11) of that subdivision has been chronically truant may be referred
to an area learning center. Such referral may be made only after consulting the principal,
area learning center director, student, and parent or guardian and only if, in the school
administrator's professional judgment, the referral is in the best educational interest of
the pupil. Nothing in this paragraph limits a pupil's eligibility to apply to enroll in other
eligible programs under section 124D.68.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 2015-2016 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, 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 2015-2016 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 121A.15, subdivision 2, is amended to read:

Subd. 2.

Schedule of immunizations.

No person who has commenced a treatment
schedule of immunization pursuant to subdivision 1, clause (2), may remain enrolled in
any child care facility, elementary, or secondary school in this state after 18 months of
enrollment unless there is submitted to the administrator, or other person having general
control and supervision of the school or child care facility, a statement from a physician or
a public clinic which provides immunizations that the person has completed the primary
schedule of immunizations for diphtheria, tetanus, pertussis, polio, and hepatitis B. The
statement must include the month and year of each additional immunization received.
For a child less than deleted text begin seven deleted text end new text begin six new text end years of age, a primary schedule of immunizations shall
consist of four doses of vaccine for diphtheria, tetanus, and pertussis and three doses of
vaccine for poliomyelitis and hepatitis B. For a child deleted text begin seven deleted text end new text begin six new text end years of age or older, a
primary schedule of immunizations shall consist of three doses of vaccine for diphtheria,
tetanus, polio, and hepatitis B.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 121A.15, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunizations.

(a) If a person is at least deleted text begin seven deleted text end new text begin six new text end
years old and has not been immunized against pertussis, the person must not be required to
be immunized against pertussis.

(b) If a person is at least 18 years old and has not completed a series of
immunizations against poliomyelitis, the person must not be required to be immunized
against poliomyelitis.

(c) If a statement, signed by a physician, is submitted to the administrator or
other person having general control and supervision of the school or child care facility
stating that an immunization is contraindicated for medical reasons or that laboratory
confirmation of the presence of adequate immunity exists, the immunization specified in
the statement need not be required.

(d) If a notarized statement signed by the minor child's parent or guardian or by the
emancipated person is submitted to the administrator or other person having general
control and supervision of the school or child care facility stating that the person has
not been immunized as prescribed in subdivision 1 because of the conscientiously held
beliefs of the parent or guardian of the minor child or of the emancipated person, the
immunizations specified in the statement shall not be required. This statement must also
be forwarded to the commissioner of the Department of Health.

(e) If the person is under 15 months, the person is not required to be immunized
against measles, rubella, or mumps.

(f) If a person is at least five years old and has not been immunized against
haemophilus influenzae type b, the person is not required to be immunized against
haemophilus influenzae type b.

(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online
learning course or program that delivers instruction to the person only by computer and
does not provide any teacher or instructor contact time or require classroom attendance, the
person is not subject to the immunization, statement, and other requirements of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
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Sec. 6.

Minnesota Statutes 2014, section 121A.15, subdivision 4, is amended to read:

Subd. 4.

Substitute immunization statement.

(a) A person who is enrolling
or enrolled in an elementary or secondary school or child care facility may substitute
a statement from the emancipated person or a parent or guardian if the person is a
minor child in lieu of the statement from a physician or public clinic which provides
immunizations. If the statement is from a parent or guardian or emancipated person, the
statement must indicate the month and year of each immunization given.

(b) In order for the statement to be acceptable for a person who is enrolling in an
elementary school and who is deleted text begin six deleted text end new text begin five new text end years of age or younger, it must indicate that
the following was given: no less than one dose of vaccine each for measles, mumps,
and rubella given separately or in combination; no less than four doses of vaccine for
poliomyelitis, unless the third dose was given after the fourth birthday, then three doses
are minimum; no less than five doses of vaccine for diphtheria, tetanus, and pertussis,
unless the fourth dose was given after the fourth birthday, then four doses are minimum;
and no less than three doses of vaccine for hepatitis B.

(c) In order for the statement to be consistent with subdivision 10 and acceptable for a
person who is enrolling in an elementary or secondary school and is age deleted text begin seven deleted text end new text begin six new text end through
age 19, the statement must indicate that the person has received no less than one dose of
vaccine each for measles, mumps, and rubella given separately or in combination, and no
less than three doses of vaccine for poliomyelitis, diphtheria, tetanus, and hepatitis B.

(d) In order for the statement to be acceptable for a person who is enrolling in a
secondary school, and who was born after 1956 and is 20 years of age or older, the
statement must indicate that the person has received no less than one dose of vaccine each
for measles, mumps, and rubella given separately or in combination, and no less than one
dose of vaccine for diphtheria and tetanus within the preceding ten years.

(e) In order for the statement to be acceptable for a person who is enrolling in a child
care facility and who is at least 15 months old but who has not reached five years of age, it
must indicate that the following were given: no less than one dose of vaccine each for
measles, mumps, and rubella given separately or in combination; no less than one dose
of vaccine for haemophilus influenzae type b; no less than four doses of vaccine for
diphtheria, tetanus, and pertussis; and no less than three doses of vaccine for poliomyelitis.

(f) In order for the statement to be acceptable for a person who is enrolling in a child
care facility and who is five or six years of age, it must indicate that the following was
given: no less than one dose of vaccine each for measles, mumps, and rubella given
separately or in combination; no less than four doses of vaccine for diphtheria, tetanus,
and pertussis; and no less than three doses of vaccine for poliomyelitis.

(g) In order for the statement to be acceptable for a person who is enrolling in a child
care facility and who is deleted text begin seven deleted text end new text begin six new text end years of age or older, the statement must indicate that
the person has received no less than one dose of vaccine each for measles, mumps, and
rubella given separately or in combination and consistent with subdivision 10, and no less
than three doses of vaccine for poliomyelitis, diphtheria, and tetanus.

(h) The commissioner of health, on finding that any of the above requirements are
not necessary to protect the public's health, may suspend for one year that requirement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
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Sec. 7.

Minnesota Statutes 2014, section 121A.17, subdivision 5, is amended to read:

Subd. 5.

Developmental screening program information.

The board must inform
each resident family with a child eligible to participate in the developmental screening
program, and a charter school that provides screening must inform families that apply
for admission to the charter school, about the availability of the program and the state's
requirement that a child receive a developmental screening or provide health records
indicating that the child received a comparable developmental screening from a public
or private health care organization or individual health care provider not later than 30
days after the first day of attending kindergarten in a public school. A school district
must inform all resident families with eligible children under age deleted text begin seven deleted text end new text begin six new text end , and a charter
school that provides screening must inform families that apply for admission to the charter
school, that their children may receive a developmental screening conducted either by the
school district or by a public or private health care organization or individual health care
provider and that the screening is not required if a statement signed by the child's parent
or guardian is submitted to the administrator or other person having general control and
supervision of the school that the child has not been screened.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
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Sec. 8.

Minnesota Statutes 2014, section 125A.02, subdivision 1a, is amended to read:

Subd. 1a.

Children ages three through deleted text begin seven deleted text end new text begin six new text end experiencing developmental
delays.

In addition, every child under age three, and at local district discretion from
age three to age deleted text begin seven deleted text end new text begin six new text end , who needs special instruction and services, as determined
by the rules of the commissioner, because the child has a substantial delay or has an
identifiable physical or mental condition known to hinder normal development is a child
with a disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
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Sec. 9.

Minnesota Statutes 2014, section 125A.28, is amended to read:

125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not more than 25 members is
established, in compliance with Public Law 108-446, section 641. The members must be
appointed by the governor and reasonably represent the population of Minnesota. Council
members must elect the council chair, who may not be a representative of the Department
of Education. The council must be composed of at least five parents, including persons of
color, of children with disabilities under age 12, including at least three parents of a child
with a disability under age deleted text begin seven deleted text end new text begin six new text end , five representatives of public or private providers
of services for children with disabilities under age five, including a special education
director, county social service director, local Head Start director, and a community health
services or public health nursing administrator, one member of the senate, one member of
the house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, foster care,
mental health, homeless coordinator of education of homeless children and youth, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 4, apply to the council. The council must meet at least quarterly.

The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.

The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.

On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.

Annually, the council must prepare and submit a report to the governor and the
secretary of the federal Department of Education on the status of early intervention
services and programs for infants and toddlers with disabilities and their families under
the Individuals with Disabilities Education Act, United States Code, title 20, sections
1471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The Minnesota
Part C annual performance report may serve as the report.

Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council does not expire unless federal law no longer requires the existence of the council
or committee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
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