1.1                          A bill for an act 
  1.2             relating to education; authorizing special projects 
  1.3             and programs to combat truancy; denying driving 
  1.4             privileges for certain truant students; imposing 
  1.5             parental liability for truant behavior and for failure 
  1.6             to exercise reasonable control; requiring the attorney 
  1.7             general to report on the effectiveness of school 
  1.8             safety programs; increasing suspension time limit for 
  1.9             pupils; requiring school districts to adopt gun-free 
  1.10            policies; providing a fee exception for school 
  1.11            uniforms; requiring criminal history background checks 
  1.12            for teachers; clarifying authority to deny teacher 
  1.13            licenses; modifying reporting requirements; modifying 
  1.14            offender rehabilitation exceptions; providing for 
  1.15            school security; clarifying access to data; limiting 
  1.16            school liability for certain security measures; 
  1.17            establishing grants for school safety programs; 
  1.18            imposing penalties; appropriating money; amending 
  1.19            Minnesota Statutes 1994, sections 120.101, subdivision 
  1.20            1; 120.14; 120.73, by adding a subdivision; 125.05, by 
  1.21            adding a subdivision; 125.09, subdivision 1; 127.20; 
  1.22            127.27, subdivision 10; 171.04, subdivision 1; 
  1.23            260.131, by adding a subdivision; 260.132, 
  1.24            subdivisions 1 and 4; 260.161, subdivision 3; 260.191, 
  1.25            subdivision 1; 260.315; 299A.33, subdivision 3; 
  1.26            364.09; 466.03, by adding a subdivision; and 609.605, 
  1.27            subdivision 4; proposing coding for new law in 
  1.28            Minnesota Statutes, chapters 8; 120; and 127; 
  1.29            proposing coding for new law as Minnesota Statutes, 
  1.30            chapter 260A; repealing Minnesota Statutes 1994, 
  1.31            section 126.25; and Laws 1994, chapter 576, section 1. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33                             ARTICLE 1
  1.34                              TRUANCY
  1.35     Section 1.  Minnesota Statutes 1994, section 120.101, 
  1.36  subdivision 1, is amended to read: 
  1.37     Subdivision 1.  [PARENTAL RESPONSIBILITY.] The parent of a 
  1.38  child is primarily responsible for assuring ensuring that the 
  2.1   child acquires knowledge and skills that are essential for 
  2.2   effective citizenship.  The parent of a child shall ensure that 
  2.3   the child receives the instruction required by this section.  
  2.4   Nothing in this subdivision limits the responsibility of the 
  2.5   child for the child's own instruction. 
  2.6      Sec. 2.  Minnesota Statutes 1994, section 120.14, is 
  2.7   amended to read: 
  2.8      120.14 [ATTENDANCE OFFICERS.] 
  2.9      The board of any district may authorize the employment of 
  2.10  attendance officers, who shall investigate truancy or 
  2.11  nonattendance at school, make complaints, serve notice and 
  2.12  process, and attend to the enforcement of all laws and district 
  2.13  rules regarding school attendance.  When any attendance officer 
  2.14  learns of any case of habitual truancy or continued 
  2.15  nonattendance of any child required to attend school the officer 
  2.16  shall immediately notify the person having control of such child 
  2.17  to forthwith send to and keep the child in school.  The 
  2.18  attendance officer shall also refer a habitual truant child as 
  2.19  defined in section 260.015, subdivision 19, and the child's 
  2.20  parent or legal guardian to appropriate services and procedures 
  2.21  under chapter 260A, if available within the school district.  
  2.22  Attendance officers or other designated school official shall 
  2.23  ensure that the notice required by section 260A.03 for a child 
  2.24  who is a continuing truant is sent.  The officer shall act under 
  2.25  the general supervision of the district superintendent. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 127.20, is 
  2.27  amended to read: 
  2.28     127.20 [VIOLATIONS; PENALTIES.] 
  2.29     Any person who fails or refuses to provide for instruction 
  2.30  of a child of whom the person has legal custody, and who is 
  2.31  required by section 120.101, subdivision 5, to receive 
  2.32  instruction, when notified so to do by a truant officer or other 
  2.33  official, or any person who induces or attempts to induce any 
  2.34  such child unlawfully to be absent from school, or who knowingly 
  2.35  harbors or employs, while school is in session, any child 
  2.36  unlawfully absent from school, shall be guilty of a misdemeanor 
  3.1   and, upon conviction, shall be punished by a fine of not more 
  3.2   than $50, or by imprisonment for not more than 30 days.  All Any 
  3.3   fines, when collected, shall be paid into the county treasury 
  3.4   for the benefit of the school district in which the offense is 
  3.5   committed. 
  3.6      Sec. 4.  Minnesota Statutes 1994, section 171.04, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  3.9   shall not issue a driver's license hereunder: 
  3.10     (1) To any person who is under the age of 16 years; to any 
  3.11  person under 18 years unless such person shall have successfully 
  3.12  completed a course in driver education, including both classroom 
  3.13  and behind-the-wheel instruction, approved by the state board of 
  3.14  education for courses offered through the public schools, or, in 
  3.15  the case of a course offered by a private, commercial driver 
  3.16  education school or institute, by the department of public 
  3.17  safety; except when such person has completed a course of driver 
  3.18  education in another state or has a previously issued valid 
  3.19  license from another state or country; nor to any person under 
  3.20  18 years unless the application of license is approved by either 
  3.21  parent when both reside in the same household as the minor 
  3.22  applicant, otherwise the parent or spouse of the parent having 
  3.23  custody or with whom the minor is living in the event there is 
  3.24  no court order for custody, or guardian having the custody of 
  3.25  such minor, or in the event a person under the age of 18 has no 
  3.26  living father, mother or guardian, the license shall not be 
  3.27  issued to such person unless the application therefor is 
  3.28  approved by the person's employer.  Driver education courses 
  3.29  offered in any public school shall be open for enrollment to 
  3.30  persons between the ages of 15 and 18 years residing in the 
  3.31  school district or attending school therein.  Any public school 
  3.32  offering driver education courses may charge an enrollment fee 
  3.33  for the driver education course which shall not exceed the 
  3.34  actual cost thereof to the public school and the school 
  3.35  district.  The approval required herein shall contain a 
  3.36  verification of the age of the applicant; 
  4.1      (2) To any person whose license has been suspended during 
  4.2   the period of suspension except that a suspended license may be 
  4.3   reinstated during the period of suspension upon the licensee 
  4.4   furnishing proof of financial responsibility in the same manner 
  4.5   as provided in the Minnesota no-fault automobile insurance act; 
  4.6      (3) To any person whose license has been revoked except 
  4.7   upon furnishing proof of financial responsibility in the same 
  4.8   manner as provided in the Minnesota no-fault automobile 
  4.9   insurance act and if otherwise qualified; 
  4.10     (4) To any person who is a drug dependent person as defined 
  4.11  in section 254A.02, subdivision 5; 
  4.12     (5) To any person who has been adjudged legally incompetent 
  4.13  by reason of mental illness, mental deficiency, or inebriation, 
  4.14  and has not been restored to capacity, unless the department is 
  4.15  satisfied that such person is competent to operate a motor 
  4.16  vehicle with safety to persons or property; 
  4.17     (6) To any person who is required by this chapter to take 
  4.18  an examination, unless such person shall have successfully 
  4.19  passed such examination; 
  4.20     (7) To any person who is required under the provisions of 
  4.21  the Minnesota no-fault automobile insurance act of this state to 
  4.22  deposit proof of financial responsibility and who has not 
  4.23  deposited such proof; 
  4.24     (8) To any person when the commissioner has good cause to 
  4.25  believe that the operation of a motor vehicle on the highways by 
  4.26  such person would be inimical to public safety or welfare; 
  4.27     (9) To any person when, in the opinion of the commissioner, 
  4.28  such person is afflicted with or suffering from such physical or 
  4.29  mental disability or disease as will affect such person in a 
  4.30  manner to prevent the person from exercising reasonable and 
  4.31  ordinary control over a motor vehicle while operating the same 
  4.32  upon the highways; nor to a person who is unable to read and 
  4.33  understand official signs regulating, warning, and directing 
  4.34  traffic; 
  4.35     (10) To a child for whom a court has ordered denial of 
  4.36  driving privileges under section 260.191, subdivision 1, or 
  5.1   260.195, subdivision 3a, until the period of denial is 
  5.2   completed; or 
  5.3      (11) To any person whose license has been canceled, during 
  5.4   the period of cancellation. 
  5.5      Sec. 5.  Minnesota Statutes 1994, section 260.131, is 
  5.6   amended by adding a subdivision to read: 
  5.7      Subd. 1b.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
  5.8   HABITUAL TRUANT.] If there is a school attendance review board 
  5.9   or county attorney mediation program operating in the child's 
  5.10  school district, a petition alleging that a child is in need of 
  5.11  protection or services as a habitual truant under section 
  5.12  260.015, subdivision 2a, clause (12), may not be filed until the 
  5.13  applicable procedures under section 260A.06 or 260A.07 have been 
  5.14  exhausted. 
  5.15     Sec. 6.  Minnesota Statutes 1994, section 260.132, 
  5.16  subdivision 1, is amended to read: 
  5.17     Subdivision 1.  [NOTICE.] When a peace officer, or 
  5.18  attendance officer in the case of a habitual truant, has 
  5.19  probable cause to believe that a child: 
  5.20     (1) is in need of protection or services under section 
  5.21  260.015, subdivision 2a, clause (11) or (12); 
  5.22     (2) is a juvenile petty offender; or 
  5.23     (3) has committed a delinquent act that would be a petty 
  5.24  misdemeanor or misdemeanor if committed by an adult; 
  5.25  the officer may issue a notice to the child to appear in 
  5.26  juvenile court in the county in which the child is found or in 
  5.27  the county of the child's residence or, in the case of a 
  5.28  juvenile petty offense, or a petty misdemeanor or misdemeanor 
  5.29  delinquent act, the county in which the offense was committed.  
  5.30  If there is a school attendance review board or county attorney 
  5.31  mediation program operating in the child's school district, a 
  5.32  notice to appear in juvenile court for a habitual truant may not 
  5.33  be issued until the applicable procedures under section 260A.06 
  5.34  or 260A.07 have been exhausted.  The officer shall file a copy 
  5.35  of the notice to appear with the juvenile court of the 
  5.36  appropriate county.  If a child fails to appear in response to 
  6.1   the notice, the court may issue a summons notifying the child of 
  6.2   the nature of the offense alleged and the time and place set for 
  6.3   the hearing.  If the peace officer finds it necessary to take 
  6.4   the child into custody, sections 260.165 and 260.171 shall apply.
  6.5      Sec. 7.  Minnesota Statutes 1994, section 260.132, 
  6.6   subdivision 4, is amended to read: 
  6.7      Subd. 4.  [TRUANT.] When a peace officer or probation 
  6.8   officer has probable cause to believe that a child is currently 
  6.9   under age 16 and absent from school without lawful excuse, the 
  6.10  officer may transport the child to the child's home and deliver 
  6.11  the child to the custody of the child's parent or guardian, 
  6.12  transport the child to the child's school of enrollment and 
  6.13  deliver the child to the custody of a school superintendent or 
  6.14  teacher or transport the child to a truancy service center under 
  6.15  section 260A.04, subdivision 3.  For purposes of this 
  6.16  subdivision, a truancy service center is a facility that 
  6.17  receives truant students from peace officers or probation 
  6.18  officers and takes appropriate action including one or more of 
  6.19  the following: 
  6.20     (1) assessing the truant's attendance situation; 
  6.21     (2) assisting in coordinating intervention efforts where 
  6.22  appropriate; 
  6.23     (3) contacting the parents or legal guardian of the truant 
  6.24  and releasing the truant to the custody of the parent or 
  6.25  guardian; and 
  6.26     (4) facilitating the truant's earliest possible return to 
  6.27  school. 
  6.28     Sec. 8.  Minnesota Statutes 1994, section 260.191, 
  6.29  subdivision 1, is amended to read: 
  6.30     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
  6.31  the child is in need of protection or services or neglected and 
  6.32  in foster care, it shall enter an order making any of the 
  6.33  following dispositions of the case: 
  6.34     (1) place the child under the protective supervision of the 
  6.35  local social services agency or child-placing agency in the 
  6.36  child's own home under conditions prescribed by the court 
  7.1   directed to the correction of the child's need for protection or 
  7.2   services; 
  7.3      (2) transfer legal custody to one of the following: 
  7.4      (i) a child-placing agency; or 
  7.5      (ii) the local social services agency. 
  7.6      In placing a child whose custody has been transferred under 
  7.7   this paragraph, the agencies shall follow the order of 
  7.8   preference stated in section 260.181, subdivision 3; 
  7.9      (3) if the child is in need of special treatment and care 
  7.10  for reasons of physical or mental health, the court may order 
  7.11  the child's parent, guardian, or custodian to provide it.  If 
  7.12  the parent, guardian, or custodian fails or is unable to provide 
  7.13  this treatment or care, the court may order it provided.  The 
  7.14  court shall not transfer legal custody of the child for the 
  7.15  purpose of obtaining special treatment or care solely because 
  7.16  the parent is unable to provide the treatment or care.  If the 
  7.17  court's order for mental health treatment is based on a 
  7.18  diagnosis made by a treatment professional, the court may order 
  7.19  that the diagnosing professional not provide the treatment to 
  7.20  the child if it finds that such an order is in the child's best 
  7.21  interests; or 
  7.22     (4) if the court believes that the child has sufficient 
  7.23  maturity and judgment and that it is in the best interests of 
  7.24  the child, the court may order a child 16 years old or older to 
  7.25  be allowed to live independently, either alone or with others as 
  7.26  approved by the court under supervision the court considers 
  7.27  appropriate, if the county board, after consultation with the 
  7.28  court, has specifically authorized this dispositional 
  7.29  alternative for a child. 
  7.30     (b) If the child was adjudicated in need of protection or 
  7.31  services because the child is a runaway or habitual truant, the 
  7.32  court may order any of the following dispositions in addition to 
  7.33  or as alternatives to the dispositions authorized under 
  7.34  paragraph (a): 
  7.35     (1) counsel the child or the child's parents, guardian, or 
  7.36  custodian; 
  8.1      (2) place the child under the supervision of a probation 
  8.2   officer or other suitable person in the child's own home under 
  8.3   conditions prescribed by the court, including reasonable rules 
  8.4   for the child's conduct and the conduct of the parents, 
  8.5   guardian, or custodian, designed for the physical, mental, and 
  8.6   moral well-being and behavior of the child; or with the consent 
  8.7   of the commissioner of corrections, place the child in a group 
  8.8   foster care facility which is under the commissioner's 
  8.9   management and supervision; 
  8.10     (3) subject to the court's supervision, transfer legal 
  8.11  custody of the child to one of the following: 
  8.12     (i) a reputable person of good moral character.  No person 
  8.13  may receive custody of two or more unrelated children unless 
  8.14  licensed to operate a residential program under sections 245A.01 
  8.15  to 245A.16; or 
  8.16     (ii) a county probation officer for placement in a group 
  8.17  foster home established under the direction of the juvenile 
  8.18  court and licensed pursuant to section 241.021; 
  8.19     (4) require the child to pay a fine of up to $100.  The 
  8.20  court shall order payment of the fine in a manner that will not 
  8.21  impose undue financial hardship upon the child; 
  8.22     (5) require the child to participate in a community service 
  8.23  project; 
  8.24     (6) order the child to undergo a chemical dependency 
  8.25  evaluation and, if warranted by the evaluation, order 
  8.26  participation by the child in a drug awareness program or an 
  8.27  inpatient or outpatient chemical dependency treatment program; 
  8.28     (7) if the court believes that it is in the best interests 
  8.29  of the child and of public safety that the child's driver's 
  8.30  license or instruction permit be canceled, the court may 
  8.31  recommend to order the commissioner of public safety that to 
  8.32  cancel the child's license be canceled or permit for any period 
  8.33  up to the child's 18th birthday.  If the child does not have a 
  8.34  driver's license or permit, the court may order a denial of 
  8.35  driving privileges for any period up to the child's 18th 
  8.36  birthday.  The court shall forward an order issued under this 
  9.1   clause to the commissioner is authorized to, who shall cancel 
  9.2   the license or permit or deny driving privileges without a 
  9.3   hearing for the period specified by the court.  At any time 
  9.4   before the expiration of the period of cancellation or denial, 
  9.5   the court may, for good cause, recommend to order the 
  9.6   commissioner of public safety that to allow the child be 
  9.7   authorized to apply for a new license or permit, and the 
  9.8   commissioner may shall so authorize; or 
  9.9      (8) order that the child's parent or legal guardian deliver 
  9.10  the child to school at the beginning of each school day for a 
  9.11  period of time specified by the court; or 
  9.12     (9) require the child to perform any other activities or 
  9.13  participate in any other treatment programs deemed appropriate 
  9.14  by the court.  
  9.15     (c) If a child is adjudicated in need of protection or 
  9.16  services because the child is a habitual truant and truancy 
  9.17  procedures involving the child were previously dealt with by a 
  9.18  school attendance review board or county attorney mediation 
  9.19  program under section 260A.06 or 260A.07, the court shall order 
  9.20  a cancellation or denial of driving privileges under paragraph 
  9.21  (b), clause (7), until the child's 18th birthday. 
  9.22     Sec. 9.  [260A.01] [TRUANCY PROGRAMS AND SERVICES.] 
  9.23     The programs in this chapter are designed to provide a 
  9.24  continuum of intervention and services to support families and 
  9.25  children in keeping children in school and combating truancy and 
  9.26  educational neglect.  School districts, county attorneys, and 
  9.27  law enforcement may establish the programs and coordinate them 
  9.28  with other community-based truancy services in order to provide 
  9.29  the necessary and most effective intervention for children and 
  9.30  their families.  This continuum of intervention and services 
  9.31  involves progressively intrusive intervention, beginning with 
  9.32  strong service-oriented efforts at the school and community 
  9.33  level and involving the court's authority only when necessary. 
  9.34     Sec. 10.  [260A.02] [DEFINITIONS.] 
  9.35     Subdivision 1.  [SCOPE.] The definitions in this section 
  9.36  apply to this chapter. 
 10.1      Subd. 2.  [BOARD.] "Board" means a school attendance review 
 10.2   board created under section 260A.05. 
 10.3      Subd. 3.  [CONTINUING TRUANT.] "Continuing truant" means a 
 10.4   child who is subject to the compulsory instruction requirements 
 10.5   of section 120.101 and is absent from instruction without valid 
 10.6   excuse within a single school year for: 
 10.7      (1) three consecutive days if the child is in elementary 
 10.8   school; or 
 10.9      (2) one or more class periods on seven days if the child is 
 10.10  in middle school, junior high school, or high school. 
 10.11     Sec. 11.  [260A.03] [NOTICE TO PARENT OR GUARDIAN WHEN 
 10.12  CHILD IS A CONTINUING TRUANT.] 
 10.13     Upon a child's initial classification as a continuing 
 10.14  truant, the school attendance officer or other designated school 
 10.15  official shall notify the child's parent or legal guardian, by 
 10.16  first-class mail or other reasonable means, of the following: 
 10.17     (1) that the child is truant; 
 10.18     (2) that the parent or guardian is obligated to compel the 
 10.19  attendance of the child at school pursuant to section 120.101; 
 10.20     (3) that parents or guardians who fail to meet this 
 10.21  obligation may be subject to prosecution under section 127.20; 
 10.22     (4) that this notification serves as the notification 
 10.23  required by section 127.20; 
 10.24     (5) that alternative educational programs and services may 
 10.25  be available in the district; 
 10.26     (6) that the parent or guardian has the right to meet with 
 10.27  appropriate school personnel to discuss solutions to the child's 
 10.28  truancy; 
 10.29     (7) that the parent and child may be subject to juvenile 
 10.30  court proceedings under chapter 260; 
 10.31     (8) that the child may be subject to suspension, 
 10.32  restriction, or delay of the child's driving privilege pursuant 
 10.33  to section 260.191; and 
 10.34     (9) that it is recommended that the parent or guardian 
 10.35  accompany the child to school and attend classes with the child 
 10.36  for one day. 
 11.1      Sec. 12.  [260A.04] [COMMUNITY-BASED TRUANCY PROJECTS AND 
 11.2   SERVICE CENTERS.] 
 11.3      Subdivision 1.  [ESTABLISHMENT.] (a) Community-based 
 11.4   truancy projects and service centers may be established to: 
 11.5      (1) provide for identification of students with school 
 11.6   attendance problems; 
 11.7      (2) facilitate the provision of services geared to address 
 11.8   the underlying issues that are contributing to a student's 
 11.9   truant behavior; and 
 11.10     (3) provide facilities to receive truant students from 
 11.11  peace officers and probation officers. 
 11.12     (b) Truancy projects and service centers may provide any of 
 11.13  these services and shall provide for referral of children and 
 11.14  families to other appropriate programs and services. 
 11.15     Subd. 2.  [COMMUNITY-BASED ACTION PROJECTS.] Schools, 
 11.16  community agencies, law enforcement, parent associations, and 
 11.17  other interested groups may cooperate to provide coordinated 
 11.18  intervention, prevention, and educational services for truant 
 11.19  students and their families.  Services may include: 
 11.20     (1) assessment for underlying issues that are contributing 
 11.21  to the child's truant behavior; 
 11.22     (2) referral to other community-based services for the 
 11.23  child and family, such as individual or family counseling, 
 11.24  educational testing, psychological evaluations, tutoring, 
 11.25  mentoring, and mediation; 
 11.26     (3) transition services to integrate the child back into 
 11.27  school and to help the child succeed once there; 
 11.28     (4) culturally sensitive programming and staffing; and 
 11.29     (5) increased school response, including in-school 
 11.30  suspension, better attendance monitoring and enforcement, 
 11.31  after-school study programs, and in-service training for 
 11.32  teachers and staff. 
 11.33     Subd. 3.  [TRUANCY SERVICE CENTERS.] (a) Truancy service 
 11.34  centers may be established as facilities to receive truant 
 11.35  students from peace officers and probation officers and provide 
 11.36  other appropriate services.  A truancy service center may: 
 12.1      (1) assess a truant student's attendance situation, 
 12.2   including enrollment status, verification of truancy, and school 
 12.3   attendance history; 
 12.4      (2) assist in coordinating intervention efforts where 
 12.5   appropriate, including checking with juvenile probation and 
 12.6   children and family services to determine whether an active case 
 12.7   is pending and facilitating transfer to an appropriate facility, 
 12.8   if indicated; and evaluating the need for and making referral to 
 12.9   a health clinic, chemical dependency treatment, protective 
 12.10  services, social or recreational programs, or other school or 
 12.11  community-based services and programs described in subdivision 
 12.12  2; 
 12.13     (3) contact the parents or legal guardian of the truant 
 12.14  student and release the truant student to the custody of the 
 12.15  parents or guardian; and 
 12.16     (4) facilitate the student's earliest possible return to 
 12.17  school. 
 12.18     (b) Truancy service centers may not accept: 
 12.19     (1) juveniles taken into custody for criminal violations; 
 12.20     (2) intoxicated juveniles; 
 12.21     (3) ill or injured juveniles; or 
 12.22     (4) juveniles older than mandatory school attendance age. 
 12.23     (c) Truancy service centers may expand their service 
 12.24  capability in order to receive curfew violators and take 
 12.25  appropriate action, such as coordination of intervention 
 12.26  efforts, contacting parents, and developing strategies to ensure 
 12.27  that parents assume responsibility for their children's curfew 
 12.28  violations. 
 12.29     Sec. 13.  [260A.05] [SCHOOL ATTENDANCE REVIEW BOARDS.] 
 12.30     Subdivision 1.  [ESTABLISHMENT.] A school district may 
 12.31  establish one or more school attendance review boards to 
 12.32  exercise the powers and duties in this section.  The school 
 12.33  district board shall appoint the members of the school 
 12.34  attendance review board and designate the schools within the 
 12.35  board's jurisdiction.  Members of a school attendance review 
 12.36  board must include: 
 13.1      (1) the superintendent of the school district; 
 13.2      (2) a principal and one or more other school officials from 
 13.3   within the district; 
 13.4      (3) parent representatives; 
 13.5      (4) representatives from community agencies that provide 
 13.6   services for truant students and their families; 
 13.7      (5) a juvenile probation officer; 
 13.8      (6) school counselors and attendance officers; and 
 13.9      (7) law enforcement officers. 
 13.10     Subd. 2.  [GENERAL POWERS AND DUTIES.] A school attendance 
 13.11  review board shall prepare an annual plan to promote interagency 
 13.12  and community cooperation and to reduce duplication of services 
 13.13  for students with school attendance problems.  The plan shall 
 13.14  include a description of truancy procedures and services 
 13.15  currently in operation within the board's jurisdiction, 
 13.16  including the programs and services under section 260A.04.  A 
 13.17  board may provide consultant services to, and coordinate 
 13.18  activities of, truancy programs and services. 
 13.19     Subd. 3.  [OVERSIGHT OF TRUANT STUDENTS.] A school 
 13.20  attendance review board shall oversee referrals of truant 
 13.21  students and provide appropriate intervention and services under 
 13.22  section 260A.06.  The board shall establish procedures for 
 13.23  documenting student attendance and verifying actions and 
 13.24  interventions with respect to truant students and their families.
 13.25     Sec. 14.  [260A.06] [REFERRAL OF TRUANT STUDENTS TO SCHOOL 
 13.26  ATTENDANCE REVIEW BOARD.] 
 13.27     Subdivision 1.  [REFERRAL; NOTICE.] An attendance officer 
 13.28  or other school official may refer a student who is a continuing 
 13.29  truant to the school attendance review board.  The person making 
 13.30  the referral shall mail a written notice to the student and the 
 13.31  student's parent or legal guardian.  The notice must include the 
 13.32  name and address of the board to which the student has been 
 13.33  referred and the reason for the referral and indicate that the 
 13.34  student, parent or legal guardian, and the referring person will 
 13.35  meet with the board to determine a proper disposition of the 
 13.36  referral. 
 14.1      Subd. 2.  [MEETING; COMMUNITY SERVICES.] The school 
 14.2   attendance review board shall schedule the meeting described in 
 14.3   subdivision 1 and mail notice of the meeting to the student, 
 14.4   parent or guardian, and referring person.  If the board 
 14.5   determines that available community services may resolve the 
 14.6   attendance problems of the truant student, the board shall order 
 14.7   the student or the student's parent or guardian to participate 
 14.8   in the community services.  The board may develop an agreement 
 14.9   with the student and parent or guardian that specifies the 
 14.10  actions to be taken.  The board shall inform the student and 
 14.11  parent or guardian that failure to comply with any agreement or 
 14.12  to participate in appropriate community services will result in 
 14.13  a referral to the county attorney under subdivision 3.  The 
 14.14  board may require the student or parent or guardian to provide 
 14.15  evidence of participation in available community services or 
 14.16  compliance with any agreement. 
 14.17     Subd. 3.  [REFERRAL TO COUNTY ATTORNEY; OTHER APPROPRIATE 
 14.18  ACTION.] If the school attendance review board determines that 
 14.19  available community services cannot resolve the attendance 
 14.20  problems of the truant student or if the student or the parent 
 14.21  or guardian has failed to comply with any orders or agreements 
 14.22  under subdivision 2 or to otherwise cooperate with the board, 
 14.23  the board may: 
 14.24     (1) refer the matter to the county attorney under section 
 14.25  260A.07, if the county attorney has elected to participate in 
 14.26  the truancy mediation program; or 
 14.27     (2) if the county attorney has not elected to participate 
 14.28  in the truancy mediation program, refer the matter for 
 14.29  appropriate action against the child or the child's parent or 
 14.30  guardian under chapter 260 or section 127.20. 
 14.31     Sec. 15.  [260A.07] [COUNTY ATTORNEY TRUANCY MEDIATION 
 14.32  PROGRAM.] 
 14.33     Subdivision 1.  [ESTABLISHMENT; REFERRALS.] A county 
 14.34  attorney may establish a truancy mediation program for the 
 14.35  purpose of resolving truancy problems without court action.  If 
 14.36  a student is in a school district that has established a school 
 15.1   attendance review board, the student may be referred to the 
 15.2   county attorney under section 260A.06, subdivision 3.  If the 
 15.3   student's school district has not established a board, the 
 15.4   student may be referred to the county attorney by the school 
 15.5   district if the student continues to be truant after the parent 
 15.6   or guardian has been notified under section 260A.03. 
 15.7      Subd. 2.  [MEETING; NOTICE.] The county attorney may 
 15.8   request the parent or legal guardian and the child referred 
 15.9   under subdivision 1 to attend a meeting in the county attorney's 
 15.10  office to discuss the possible legal consequences of the minor's 
 15.11  truancy.  The notice of the meeting must be served personally or 
 15.12  by certified mail at least five days before the meeting on each 
 15.13  person required to attend the meeting.  The notice must include: 
 15.14     (1) the name and address of the person to whom the notice 
 15.15  is directed; 
 15.16     (2) the date, time, and place of the meeting; 
 15.17     (3) the name of the minor classified as a truant; 
 15.18     (4) the basis for the referral to the county attorney; and 
 15.19     (5) a warning that a criminal complaint may be filed 
 15.20  against the parents or guardians pursuant to section 127.20 for 
 15.21  failure to compel the attendance of the minor at school or that 
 15.22  action may be taken in juvenile court. 
 15.23     Subd. 3.  [PROCEDURE.] At the beginning of the meeting 
 15.24  under this section, the county attorney shall advise the parents 
 15.25  or guardians and the child that any statements they make could 
 15.26  be used against them in subsequent court proceedings.  After the 
 15.27  meeting the county attorney may file a petition or issue a 
 15.28  citation under chapter 260 if the county attorney determines 
 15.29  that available community resources cannot resolve the truancy 
 15.30  problem, or if the student or the parent or guardian fail to 
 15.31  cooperate or respond to services provided or to the directives 
 15.32  of the school, the school attendance review board, or the county 
 15.33  attorney. 
 15.34     Sec. 16.  [APPROPRIATIONS.] 
 15.35     Subdivision 1.  [REVIEW BOARD AND MEDIATION 
 15.36  PROGRAMS.] $....... is appropriated from the general fund in 
 16.1   fiscal year 1996 to the commissioner of public safety for the 
 16.2   purpose of funding school attendance review boards and county 
 16.3   attorney truancy mediation programs created under Minnesota 
 16.4   Statutes, sections 260A.05 and 260A.07.  The boards and programs 
 16.5   must be funded within two jurisdictions, each of which must 
 16.6   include both a school attendance review board and a county 
 16.7   attorney truancy mediation program.  One jurisdiction must be 
 16.8   located within the seven-county metropolitan area and the other 
 16.9   outside of the seven-county metropolitan area.  The commissioner 
 16.10  must consult with the commissioner of education before 
 16.11  determining how to, and which boards and programs to fund.  
 16.12     Subd. 2.  [TRUANCY SERVICE CENTERS.] $....... is 
 16.13  appropriated from the general fund in fiscal year 1996 to the 
 16.14  commissioner of public safety to make grants to local law 
 16.15  enforcement jurisdictions to develop three truancy service 
 16.16  centers under Minnesota Statutes, section 260A.04.  The 
 16.17  commissioner must consult with the commissioner of education 
 16.18  before establishing criteria for the grants and before making 
 16.19  the grants.  Applicants must provide a one-to-one funding match. 
 16.20  If the commissioner has received applications from fewer than 
 16.21  three counties by the application deadline, the commissioner may 
 16.22  make unallocated funds from this appropriation available to an 
 16.23  approved grantee that can provide the required one-to-one 
 16.24  funding match for the additional funds. 
 16.25     Sec. 17.  [REPEALER.] 
 16.26     Minnesota Statutes 1994, section 126.25, is repealed. 
 16.27     Laws 1994, chapter 576, section 1, is repealed. 
 16.28                             ARTICLE 2
 16.29                           SCHOOL SAFETY
 16.30     Section 1.  [8.36] [ANNUAL REPORT ON SCHOOL SAFETY.] 
 16.31     On or before January 15 of each year, the attorney general 
 16.32  shall prepare a report on safety in secondary and post-secondary 
 16.33  schools.  The report must include an assessment and evaluation 
 16.34  of the impact of existing laws and programs on school safety and 
 16.35  antiviolence and include recommendations for changes in law or 
 16.36  policy that would increase the safety of schools and curb 
 17.1   violence.  The report must be submitted to the senate and house 
 17.2   committees with jurisdiction over education and crime issues. 
 17.3      Sec. 2.  [120.1045] [BACKGROUND CHECK.] 
 17.4      Subdivision 1.  [BACKGROUND CHECK REQUIREMENTS.] Before 
 17.5   hiring an individual who is applying for a position in a school, 
 17.6   the hiring authority of a school shall conduct on the applicant 
 17.7   a criminal records check of the state criminal records 
 17.8   repository.  The hiring authority shall also determine whether 
 17.9   the applicant has been the subject of a substantiated report of 
 17.10  child maltreatment under section 626.556 as provided for under 
 17.11  subdivision 2.  If the applicant has resided in Minnesota for 
 17.12  less than ten years, the check must also include a criminal 
 17.13  records check of information from state law enforcement agencies 
 17.14  in the states where the person resided during the ten years 
 17.15  before moving to Minnesota, and of the national criminal records 
 17.16  repository including the criminal justice data communications 
 17.17  network.  The applicant's failure to cooperate with the hiring 
 17.18  authority in conducting the records check is reasonable cause to 
 17.19  deny the application.  The hiring authority may not release the 
 17.20  results of the record check to any person except the applicant. 
 17.21     Subd. 2.  [CHILD MALTREATMENT REPORTS.] In order to 
 17.22  determine if an applicant has been the subject of a 
 17.23  substantiated report of child maltreatment under section 
 17.24  626.556, the hiring authority shall contact the commissioner of 
 17.25  human services and the local welfare agency in any county in 
 17.26  which the applicant has resided or been employed in the previous 
 17.27  ten years and any other county of which the hiring authority is 
 17.28  aware in which the applicant has resided or been employed.  The 
 17.29  hiring authority shall request that the commissioner and each 
 17.30  county agency contacted search their records and forward any 
 17.31  records in which the applicant is the subject of a substantiated 
 17.32  report of child maltreatment.  Notwithstanding section 626.556, 
 17.33  subdivision 11, a county or the commissioner shall provide a 
 17.34  hiring authority, upon request, with any reports of 
 17.35  substantiated child maltreatment under section 626.556 by the 
 17.36  applicant.  The commissioner of human services and the county 
 18.1   agency shall respond to the commissioner's inquiry within seven 
 18.2   days after receiving the request.  The hiring authority shall 
 18.3   not consider a background check to be complete until responses 
 18.4   from the commissioner of human services and each county agency 
 18.5   contacted have been received. 
 18.6      Subd. 3.  [EXEMPTION.] The requirements of this section do 
 18.7   not apply to hiring authorities of home schools. 
 18.8      Sec. 3.  Minnesota Statutes 1994, section 120.73, is 
 18.9   amended by adding a subdivision to read: 
 18.10     Subd. 2b.  [SCHOOL UNIFORMS.] Notwithstanding section 
 18.11  120.74, a school board may require students to furnish or 
 18.12  purchase clothing that constitutes a school uniform if the board 
 18.13  has adopted a uniform requirement or program for the student's 
 18.14  school. 
 18.15     Sec. 4.  Minnesota Statutes 1994, section 125.05, is 
 18.16  amended by adding a subdivision to read: 
 18.17     Subd. 8.  [BACKGROUND CHECKS.] The board of teaching and 
 18.18  the state board of education shall conduct criminal history 
 18.19  background checks with the bureau of criminal apprehension on 
 18.20  all applicants for licenses under their jurisdiction.  An 
 18.21  application for a license under this section must be accompanied 
 18.22  by an executed criminal history consent form and a money order 
 18.23  or cashier's check payable to the bureau of criminal 
 18.24  apprehension for the cost of the criminal history background 
 18.25  check. 
 18.26     Sec. 5.  Minnesota Statutes 1994, section 125.09, 
 18.27  subdivision 1, is amended to read: 
 18.28     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
 18.29  DENIAL.] The board of teaching or the state board of education, 
 18.30  whichever has jurisdiction over a teacher's licensure, may, on 
 18.31  the written complaint of the school board employing a teacher, 
 18.32  or of a teacher organization, or of any other interested person, 
 18.33  which complaint shall specify the nature and character of the 
 18.34  charges, refuse to issue, refuse to renew, suspend, or 
 18.35  revoke such a teacher's license to teach for any of the 
 18.36  following causes: 
 19.1      (1) Immoral character or conduct; 
 19.2      (2) Failure, without justifiable cause, to teach for the 
 19.3   term of the teacher's contract; 
 19.4      (3) Gross inefficiency or willful neglect of duty; or 
 19.5      (4) Failure to meet licensure requirements; or 
 19.6      (5) Fraud or misrepresentation in obtaining a license. 
 19.7      For purposes of this subdivision, the board of teaching is 
 19.8   delegated the authority to suspend or revoke coaching licenses 
 19.9   under the jurisdiction of the state board of education. 
 19.10     Sec. 6.  Minnesota Statutes 1994, section 127.27, 
 19.11  subdivision 10, is amended to read: 
 19.12     Subd. 10.  "Suspension" means an action taken by the school 
 19.13  administration, under rules promulgated by the school board, 
 19.14  prohibiting a pupil from attending school for a period of no 
 19.15  more than five ten school days.  If a suspension is longer than 
 19.16  five days, the suspending administrator must provide the 
 19.17  superintendent with a reason for the longer suspension.  This 
 19.18  definition does not apply to dismissal from school for one 
 19.19  school day or less.  Each suspension action shall include a 
 19.20  readmission plan.  The readmission plan shall include, where 
 19.21  appropriate, a provision for alternative programs to be 
 19.22  implemented upon readmission.  Suspension may not be 
 19.23  consecutively imposed against the same pupil for the same course 
 19.24  of conduct, or incident of misconduct, except where the pupil 
 19.25  will create an immediate and substantial danger to surrounding 
 19.26  persons or property.  In no event shall suspension exceed 15 
 19.27  school days, provided that an alternative program shall be 
 19.28  implemented to the extent that suspension exceeds five days. 
 19.29     Sec. 7.  [127.391] [ONE-YEAR EXPULSION FOR GUNS IN SCHOOL 
 19.30  ZONE.] 
 19.31     (a) Notwithstanding sections 127.26 to 127.39, a school 
 19.32  district must expel from school for a period of not less than 
 19.33  one year a student who is determined to have brought to any 
 19.34  school in any district a weapon as that term is defined in 
 19.35  United States Code, title 20, section 3351. 
 19.36     (b) Notwithstanding chapter 13, a student's expulsion or 
 20.1   withdrawal or transfer from a school after an expulsion action 
 20.2   is initiated against the student for a weapons violation under 
 20.3   paragraph (a) may be disclosed by the school district initiating 
 20.4   the expulsion proceeding.  Unless the information is otherwise 
 20.5   public, the disclosure may be made only to another school 
 20.6   district in connection with the possible admission of the 
 20.7   student to the other district. 
 20.8      Sec. 8.  [127.47] [SCHOOL LOCKER POLICY.] 
 20.9      Subdivision 1.  [POLICY.] It is the policy of the state of 
 20.10  Minnesota that:  
 20.11     "School lockers are the property of the school district.  
 20.12  At no time does the school district relinquish its exclusive 
 20.13  control of lockers provided for the convenience of students.  
 20.14  Periodic general inspection of lockers may be conducted by 
 20.15  school authorities for any reason at any time, without notice, 
 20.16  without student consent, and without a search warrant.  As soon 
 20.17  as practicable after the search, the school authorities must 
 20.18  provide notice of the search to students whose lockers were 
 20.19  searched unless disclosure would impede an ongoing investigation 
 20.20  by police or school officials." 
 20.21     Subd. 2.  [DISSEMINATION.] The locker policy must be 
 20.22  disseminated to parents and students in the way that other 
 20.23  policies of general application to students are disseminated.  A 
 20.24  copy of the policy must be provided to a student the first time 
 20.25  after the policy is effective that the student is given the use 
 20.26  of a locker. 
 20.27     Sec. 9.  [127.48] [POLICY TO REFER FIREARMS POSSESSOR.] 
 20.28     Each school board must have a policy requiring the 
 20.29  appropriate school official to, as soon as practicable, refer to 
 20.30  the criminal justice or juvenile delinquency system, as 
 20.31  appropriate, any pupil who brings a firearm to school. 
 20.32     Sec. 10.  Minnesota Statutes 1994, section 260.161, 
 20.33  subdivision 3, is amended to read: 
 20.34     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 20.35  for records relating to an offense where proceedings are public 
 20.36  under section 260.155, subdivision 1, peace officers' records of 
 21.1   children who are or may be delinquent or who may be engaged in 
 21.2   criminal acts shall be kept separate from records of persons 18 
 21.3   years of age or older and are private data but shall be 
 21.4   disseminated:  (1) by order of the juvenile court, (2) as 
 21.5   required by section 126.036, (3) as authorized under section 
 21.6   13.82, subdivision 2, (4) to the child or the child's parent or 
 21.7   guardian unless disclosure of a record would interfere with an 
 21.8   ongoing investigation, or (5) as otherwise provided in this 
 21.9   subdivision.  Except as provided in paragraph (c), no 
 21.10  photographs of a child taken into custody may be taken without 
 21.11  the consent of the juvenile court unless the child is alleged to 
 21.12  have violated section 169.121 or 169.129.  Peace officers' 
 21.13  records containing data about children who are victims of crimes 
 21.14  or witnesses to crimes must be administered consistent with 
 21.15  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 21.16  violating any of the provisions of this subdivision shall be 
 21.17  guilty of a misdemeanor. 
 21.18     In the case of computerized records maintained about 
 21.19  juveniles by peace officers, the requirement of this subdivision 
 21.20  that records about juveniles must be kept separate from adult 
 21.21  records does not mean that a law enforcement agency must keep 
 21.22  its records concerning juveniles on a separate computer system.  
 21.23  Law enforcement agencies may keep juvenile records on the same 
 21.24  computer as adult records and may use a common index to access 
 21.25  both juvenile and adult records so long as the agency has in 
 21.26  place procedures that keep juvenile records in a separate place 
 21.27  in computer storage and that comply with the special data 
 21.28  retention and other requirements associated with protecting data 
 21.29  on juveniles. 
 21.30     (b) Nothing in this subdivision prohibits the exchange of 
 21.31  information by law enforcement agencies if the exchanged 
 21.32  information is pertinent and necessary to the requesting agency 
 21.33  in initiating, furthering, or completing a criminal 
 21.34  investigation. 
 21.35     (c) A photograph may be taken of a child taken into custody 
 21.36  pursuant to section 260.165, subdivision 1, clause (b), provided 
 22.1   that the photograph must be destroyed when the child reaches the 
 22.2   age of 19 years.  The commissioner of corrections may photograph 
 22.3   juveniles whose legal custody is transferred to the 
 22.4   commissioner.  Photographs of juveniles authorized by this 
 22.5   paragraph may be used only for institution management purposes, 
 22.6   case supervision by parole agents, and to assist law enforcement 
 22.7   agencies to apprehend juvenile offenders.  The commissioner 
 22.8   shall maintain photographs of juveniles in the same manner as 
 22.9   juvenile court records and names under this section. 
 22.10     (d) Traffic investigation reports are open to inspection by 
 22.11  a person who has sustained physical harm or economic loss as a 
 22.12  result of the traffic accident.  Identifying information on 
 22.13  juveniles who are parties to traffic accidents may be disclosed 
 22.14  as authorized under section 13.82, subdivision 4, and accident 
 22.15  reports required under section 169.09 may be released under 
 22.16  section 169.09, subdivision 13, unless the information would 
 22.17  identify a juvenile who was taken into custody or who is 
 22.18  suspected of committing an offense that would be a crime if 
 22.19  committed by an adult, or would associate a juvenile with the 
 22.20  offense, and the offense is not a minor traffic offense under 
 22.21  section 260.193. 
 22.22     (e) A law enforcement agency shall notify the principal or 
 22.23  chief administrative officer of a juvenile's school of an 
 22.24  incident occurring within the agency's jurisdiction if: 
 22.25     (1) the agency has probable cause to believe that the 
 22.26  juvenile has committed an offense that would be a crime if 
 22.27  committed as an adult, that the victim of the offense is a 
 22.28  student or staff member of the school, and that notice to the 
 22.29  school is reasonably necessary for the protection of the victim; 
 22.30  or 
 22.31     (2) the agency has probable cause to believe that the 
 22.32  juvenile has committed an offense described in subdivision 1b, 
 22.33  paragraph (a), clauses (1) to (3), that would be a crime if 
 22.34  committed by an adult, regardless of whether the victim is a 
 22.35  student or staff member of the school. 
 22.36     A law enforcement agency is not required to notify the 
 23.1   school under this paragraph if the agency determines that notice 
 23.2   would jeopardize an ongoing investigation.  Notwithstanding 
 23.3   section 138.17, data from a notice received from a law 
 23.4   enforcement agency under this paragraph must be destroyed when 
 23.5   the juvenile graduates from the school or at the end of the 
 23.6   academic year when the juvenile reaches age 23, whichever date 
 23.7   is earlier.  For purposes of this paragraph, "school" means a 
 23.8   public or private elementary, middle, or secondary school. 
 23.9      (f) In any county in which the county attorney operates or 
 23.10  authorizes the operation of a juvenile prepetition or pretrial 
 23.11  diversion program, a law enforcement agency or county attorney's 
 23.12  office may provide the juvenile diversion program with data 
 23.13  concerning a juvenile who is a participant in or is being 
 23.14  considered for participation in the program. 
 23.15     (g) Upon request of a local social service agency, peace 
 23.16  officer records of children who are or may be delinquent or who 
 23.17  may be engaged in criminal acts may be disseminated to the 
 23.18  agency to promote the best interests of the subject of the data. 
 23.19     Sec. 11.  Minnesota Statutes 1994, section 260.315, is 
 23.20  amended to read: 
 23.21     260.315 [CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES OR 
 23.22  DELINQUENCY; PARENT'S DUTY TO EXERCISE CONTROL.] 
 23.23     (a) Any person who by act, word, or omission encourages, 
 23.24  causes, or contributes to the need for protection or services or 
 23.25  delinquency of a child, or to a child's status as a juvenile 
 23.26  petty offender, is guilty of a misdemeanor.  This section does 
 23.27  not apply to licensed social service agencies and outreach 
 23.28  workers who, while acting within the scope of their professional 
 23.29  duties, provide services to runaway children. 
 23.30     (b) A parent or legal guardian to any person under the age 
 23.31  of 18 years has the duty to exercise reasonable care, 
 23.32  supervision, protection, and control over the minor child.  This 
 23.33  duty requires a good faith effort by a parent or legal guardian 
 23.34  to exercise this care, supervision, protection, and control.  A 
 23.35  parent or legal guardian grossly negligent in carrying out this 
 23.36  duty is guilty of a misdemeanor. 
 24.1      Sec. 12.  Minnesota Statutes 1994, section 299A.33, 
 24.2   subdivision 3, is amended to read: 
 24.3      Subd. 3.  [TRAINING PROGRAM.] The bureau of criminal 
 24.4   apprehension shall develop a program to train peace officers to 
 24.5   teach a curriculum on drug abuse resistance and antiviolence in 
 24.6   schools.  The training program must be approved by the 
 24.7   commissioner. 
 24.8      Sec. 13.  Minnesota Statutes 1994, section 364.09, is 
 24.9   amended to read: 
 24.10     364.09 [EXCEPTIONS.] 
 24.11     (a) This chapter does not apply to the licensing process 
 24.12  for peace officers; to law enforcement agencies as defined in 
 24.13  section 626.84, subdivision 1, paragraph (h); to fire protection 
 24.14  agencies; to eligibility for a private detective or protective 
 24.15  agent license; to eligibility for a family day care license, a 
 24.16  family foster care license, or a home care provider license; to 
 24.17  eligibility for school bus driver endorsements; or to 
 24.18  eligibility for special transportation service endorsements.  
 24.19  This chapter also shall not apply to eligibility for a license 
 24.20  issued or renewed by the board of teaching or state board of 
 24.21  education or to eligibility for juvenile corrections employment, 
 24.22  where the offense involved child physical or sexual abuse or 
 24.23  criminal sexual conduct.  
 24.24     (b) This chapter does not apply to a school district or to 
 24.25  eligibility for a license issued or renewed by the board of 
 24.26  teaching or the state board of education.  
 24.27     (c) Nothing in this section precludes the Minnesota police 
 24.28  and peace officers training board or the state fire marshal from 
 24.29  recommending policies set forth in this chapter to the attorney 
 24.30  general for adoption in the attorney general's discretion to 
 24.31  apply to law enforcement or fire protection agencies. 
 24.32     Sec. 14.  Minnesota Statutes 1994, section 466.03, is 
 24.33  amended by adding a subdivision to read: 
 24.34     Subd. 18.  [SCHOOL BUILDING SECURITY.] Any claim based on 
 24.35  injury arising out of a decision by a school or school district 
 24.36  to obtain a fire code variance for purposes of school building 
 25.1   security, if the decision was made in good faith and in 
 25.2   accordance with applicable law governing variances. 
 25.3      Sec. 15.  Minnesota Statutes 1994, section 609.605, 
 25.4   subdivision 4, is amended to read: 
 25.5      Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
 25.6   misdemeanor for a person to enter or be found in a public or 
 25.7   nonpublic elementary, middle, or secondary school building 
 25.8   unless the person: 
 25.9      (1) is an enrolled student in, a parent or guardian of an 
 25.10  enrolled student in, or an employee of the school or school 
 25.11  district; 
 25.12     (2) has permission or an invitation from a school official 
 25.13  to be in the building; 
 25.14     (3) is attending a school event, class, or meeting to which 
 25.15  the person, the public, or a student's family is invited; or 
 25.16     (4) has reported the person's presence in the school 
 25.17  building in the manner required for visitors to the school. 
 25.18     (b) It is a gross misdemeanor for a group of three or more 
 25.19  persons to enter or be found in a public or nonpublic 
 25.20  elementary, middle, or secondary school building unless one of 
 25.21  the persons: 
 25.22     (1) is an enrolled student in, a parent or guardian of an 
 25.23  enrolled student in, or an employee of the school or school 
 25.24  district; 
 25.25     (2) has permission or an invitation from a school official 
 25.26  to be in the building; 
 25.27     (3) is attending a school event, class, or meeting to which 
 25.28  the person, the public, or a student's family is invited; or 
 25.29     (4) has reported the person's presence in the school 
 25.30  building in the manner required for visitors to the school. 
 25.31     (c) It is a misdemeanor for a person to enter or be found 
 25.32  on school property within six months after being told by the 
 25.33  school principal or the principal's designee to leave the 
 25.34  property and not to return, unless the principal or the 
 25.35  principal's designee has given the person permission to return 
 25.36  to the property.  As used in this paragraph, "school property" 
 26.1   has the meaning given in section 152.01, subdivision 14a, 
 26.2   clauses (1) and (3). 
 26.3      (c) (d) A school principal or a school employee designated 
 26.4   by the school principal to maintain order on school property, 
 26.5   who has reasonable cause to believe that a person is violating 
 26.6   this subdivision may detain the person in a reasonable manner 
 26.7   for a reasonable period of time pending the arrival of a peace 
 26.8   officer.  A school principal or designated school employee is 
 26.9   not civilly or criminally liable for any action authorized under 
 26.10  this paragraph if the person's action is based on reasonable 
 26.11  cause. 
 26.12     (d) (e) A peace officer may arrest a person without a 
 26.13  warrant if the officer has probable cause to believe the person 
 26.14  violated this subdivision within the preceding four hours.  The 
 26.15  arrest may be made even though the violation did not occur in 
 26.16  the peace officer's presence. 
 26.17     Sec. 16.  [APPROPRIATIONS.] 
 26.18     Subdivision 1.  [SCHOOL LIAISON OFFICERS.] $....... is 
 26.19  appropriated from the general fund in fiscal year 1996 to the 
 26.20  commissioner of public safety for the purpose of making grants 
 26.21  to local law enforcement agencies for law enforcement officers 
 26.22  assigned to schools.  The commissioner must consult with the 
 26.23  commissioner of education before establishing criteria for the 
 26.24  grants and before making the grants.  The grants may be used to 
 26.25  expand the assignment of law enforcement officers to middle 
 26.26  school and junior high schools or to fund new positions in high 
 26.27  schools that do not currently have a law enforcement officer 
 26.28  assigned to them.  The grants may be used to provide the local 
 26.29  share required for eligibility for federal funding for these 
 26.30  positions.  The amount of the state grant must be matched by at 
 26.31  least an equal amount of money from nonstate sources. 
 26.32     Subd. 2.  [STUDENT IDENTIFICATION SYSTEM.] $....... is 
 26.33  appropriated from the general fund in fiscal year 1996 to the 
 26.34  commissioner of public safety for the purpose of providing 
 26.35  grants to a school district for a photographic identification 
 26.36  system for school district staff and junior and senior high 
 27.1   school students.  The commissioner must consult with the 
 27.2   commissioner of education before establishing criteria for the 
 27.3   grants and before making the grants.  The amount of the state 
 27.4   grant must be matched by at least an equal amount of money from 
 27.5   nonstate sources. 
 27.6      Subd. 3.  [SCHOOL BUILDING SECURITY.] $....... is 
 27.7   appropriated from the general fund in fiscal year 1996 to the 
 27.8   commissioner of public safety for the purpose of making grants 
 27.9   to school districts for the construction of secure fences, 
 27.10  doors, and other items necessary to maintain security in school 
 27.11  buildings and grounds.  The commissioner must consult with the 
 27.12  commissioner of education before establishing criteria for the 
 27.13  grants and before making the grants.  The amount of the state 
 27.14  grant must be matched by at least an equal amount of money from 
 27.15  nonstate sources. 
 27.16     Subd. 4.  [DRUG ABUSE RESISTANCE EDUCATION.] $....... is 
 27.17  appropriated from the general fund in fiscal year 1996 to the 
 27.18  commissioner of public safety for the purpose of making grants 
 27.19  under Minnesota Statutes, section 299A.33, subdivision 1.  The 
 27.20  commissioner must consult with the commissioner of education 
 27.21  before establishing criteria for the grants and before making 
 27.22  the grants. 
 27.23     Subd. 5.  [SCHOOL UNIFORM PROGRAM.] $....... is 
 27.24  appropriated from the general fund in fiscal year 1996 to the 
 27.25  commissioner of public safety for the purpose of making grants 
 27.26  to school districts for implementation of a school uniform 
 27.27  program.  The commissioner must consult with the commissioner of 
 27.28  education before establishing criteria for the grants and before 
 27.29  making the grants.  The amount of the state grant must be 
 27.30  matched by at least an equal amount of money from nonstate 
 27.31  sources.  The grants are for assisting low-income students with 
 27.32  the purchase of required school uniforms.  The assistance must 
 27.33  be based on a sliding scale of family income. 
 27.34     Subd. 6.  [CONFLICT RESOLUTION AND PEER MEDIATION.] 
 27.35  $........ is appropriated from the general fund in fiscal year 
 27.36  1996 to the commissioner of education for violence prevention 
 28.1   education grants under Minnesota Statutes, section 126.78.  One 
 28.2   hundred percent of the appropriation must be paid according to 
 28.3   the process established in Minnesota Statutes, section 124.195, 
 28.4   subdivision 9.  Up to five percent of this appropriation may be 
 28.5   used for auditing, monitoring, and administration of the 
 28.6   programs funded by this appropriation. 
 28.7      Subd. 7.  [ALTERNATIVE PROGRAMMING FOR RISK STUDENTS.] 
 28.8   $....... is appropriated from the general fund in fiscal year 
 28.9   1996 to the commissioner of education for the purpose of making 
 28.10  a grant to a school district for alternative programming for 
 28.11  at-risk and in-risk students. 
 28.12     Sec. 17.  [EFFECTIVE DATE.] 
 28.13     Section 2 is effective August 1, 1995, and applies to 
 28.14  hiring authorities who hire employees covered by section 2 on or 
 28.15  after that date. 
 28.16     Section 8 is effective beginning with the 1995-1996 school 
 28.17  year.