1.1 	A bill for an act
1.2 	relating to education; requiring persons under 18
1.3 	years of age to attend school as a requirement for
1.4 	possessing a driver's permit or license; amending
1.5 	Minnesota Statutes 2004, sections 13.32, subdivisions
1.6 	1, 8; 120A.22, subdivision 12; 171.04, subdivision 1;
1.7 	171.05, subdivisions 2, 2b, 3; 260C.007, subdivision
1.8 	6, by adding a subdivision; 260C.201, subdivision 1;
1.9 	proposing coding for new law in Minnesota Statutes,
1.10 	chapters 120A; 121A; 171.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 13.32,
1.13 	subdivision 1, is amended to read:
1.14 		Subdivision 1.Definitions.  As used in this section:
1.15 	(a) "Continuing truant" means a student under section
1.16 	260A.02, subdivision 3, who is absent without valid excuse from
1.17 	instruction in a school.
1.18 	(b) "Educational data" means data on individuals
1.19 	maintained by a public educational agency or institution or by a
1.20 	person acting for the agency or institution which relates to a
1.21 	student.
1.22 	Records of instructional personnel which are in the sole
1.23 	possession of the maker thereof and are not accessible or
1.24 	revealed to any other individual except a substitute teacher,
1.25 	and are destroyed at the end of the school year, shall not be
1.26 	deemed to be government data.
1.27 	Records of a law enforcement unit of a public educational
1.28 	agency or institution which are maintained apart from education
2.1 	data and are maintained solely for law enforcement purposes, and
2.2 	are not disclosed to individuals other than law enforcement
2.3 	officials of the jurisdiction are not educational data;
2.4 	provided, that education records maintained by the educational
2.5 	agency or institution are not disclosed to the personnel of the
2.6 	law enforcement unit.  The University of Minnesota police
2.7 	department is a law enforcement agency for purposes of section
2.8 	13.82 and other sections of Minnesota Statutes dealing with law
2.9 	enforcement records.  Records of organizations providing
2.10 	security services to a public educational agency or institution
2.11 	must be administered consistent with section 13.861.
2.12 	Records relating to a student who is employed by a public
2.13 	educational agency or institution which are made and maintained
2.14 	in the normal course of business, relate exclusively to the
2.15 	individual in that individual's capacity as an employee, and are
2.16 	not available for use for any other purpose are classified
2.17 	pursuant to section 13.43.
2.18 	(b) (c) "Habitual truant" means a student under section
2.19 	260C.007, subdivision 19, who is absent without lawful excuse
2.20 	from attendance at school.
2.21 	(d) "Juvenile justice system" includes criminal justice
2.22 	agencies and the judiciary when involved in juvenile justice
2.23 	activities.
2.24 	(c) (e) "Student" means an individual currently or formerly
2.25 	enrolled or registered, applicants for enrollment or
2.26 	registration at a public educational agency or institution, or
2.27 	individuals who receive shared time educational services from a
2.28 	public agency or institution.
2.29 	(d) (f) "Substitute teacher" means an individual who
2.30 	performs on a temporary basis the duties of the individual who
2.31 	made the record, but does not include an individual who
2.32 	permanently succeeds to the position of the maker of the record.
2.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

2.34 	Sec. 2. Minnesota Statutes 2004, section 13.32,
2.35 	subdivision 8, is amended to read:
2.36 		Subd. 8.Access by juvenile justice system.  (a) Upon
3.1 	request, the following education data shall be disclosed under
3.2 	subdivision 3, clause (i), to the juvenile justice system:  a
3.3 	student's full name, home address, telephone number, date of
3.4 	birth; a student's school schedule, daily attendance record, and
3.5 	photographs, if any; and parents' names, home addresses, and
3.6 	telephone numbers.
3.7 	(b) In addition, the existence of the following data about
3.8 	a student may be disclosed under subdivision 3, clause (i):
3.9 	(1) use of a controlled substance, alcohol, or tobacco;
3.10 	(2) assaultive or threatening conduct that could result in
3.11 	dismissal from school under section 121A.45, subdivision 2,
3.12 	clause (b) or (c);
3.13 	(3) possession or use of weapons or look-alike weapons;
3.14 	(4) theft; or
3.15 	(5) vandalism or other damage to property.
3.16 	Any request for access to data under this paragraph must
3.17 	contain an explanation of why access to the data is necessary to
3.18 	serve the student.
3.19 	(c) A principal or chief administrative officer of a school
3.20 	who receives a request to disclose information about a student
3.21 	to the juvenile justice system under paragraph (b) shall, to the
3.22 	extent permitted by federal law, notify the student's parent or
3.23 	guardian by certified mail of the request to disclose
3.24 	information before disclosing the information.  If the student's
3.25 	parent or guardian notifies the principal or chief
3.26 	administrative officer within ten days of receiving the
3.27 	certified notice that the parent or guardian objects to the
3.28 	disclosure, the principal or chief administrative officer must
3.29 	not disclose the information.  The principal or chief
3.30 	administrative officer must inform the requesting member of the
3.31 	juvenile justice system of the objection.
3.32 	(d) A principal or chief administrative officer is not
3.33 	required to create data under this subdivision.  Information
3.34 	provided in response to a data request under paragraph (b) shall
3.35 	indicate only whether the data described in paragraph (b)
3.36 	exist.  The principal or chief administrative officer is not
4.1 	authorized under paragraph (b) to disclose the actual data or
4.2 	other information contained in the student's education record.
4.3 	A principal or chief administrative officer is not required to
4.4 	provide data that are protected by court order.  A principal or
4.5 	chief administrative officer must respond to a data request
4.6 	within 14 days if no objection is received from the parent or
4.7 	guardian.
4.8 	(e) If the school board does not waive the school
4.9 	attendance requirement for driving privileges, then a principal
4.10 	or chief school administrator may disclose to the juvenile
4.11 	justice system only the student's continuing or habitual truancy
4.12 	status.
4.13 	(f) Nothing in this subdivision shall limit the disclosure
4.14 	of educational data pursuant to court order.
4.15 	(f) (g) A school district, its agents, and employees who
4.16 	provide data in good faith under this subdivision are not liable
4.17 	for compensatory or exemplary damages or an award of attorney
4.18 	fees in an action under section 13.08, or other law, or for a
4.19 	penalty under section 13.09.
4.20 	(g) (h) Section 13.03, subdivision 4, applies to data that
4.21 	are shared under this subdivision with a government entity.  If
4.22 	data are shared with a member of the juvenile justice system who
4.23 	is not a government entity, the person receiving the shared data
4.24 	must treat the data consistent with the requirements of this
4.25 	chapter applicable to a government entity.
4.26 	(h) (i) A member of the juvenile justice system who falsely
4.27 	certifies a request for data under this section is subject to
4.28 	the penalties under section 13.09.
4.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

4.30 	Sec. 3. Minnesota Statutes 2004, section 120A.22,
4.31 	subdivision 12, is amended to read:
4.32 		Subd. 12.Legitimate exemptions.  A parent, guardian, or
4.33 	other person having control of a child may apply to a school
4.34 	district to have the child excused from attendance for the whole
4.35 	or any part of the time school is in session during any school
4.36 	year.  Application may be made to any member of the board, a
5.1 	truant officer, a principal, or the superintendent. The school
5.2 	district may state in its school attendance policy that it may
5.3 	ask the student's parent or legal guardian to verify in writing
5.4 	the reason for the child's absence from school.The board of
5.5 	the district in which the child resides may approve the
5.6 	application upon the following being demonstrated to the
5.7 	satisfaction of that board:
5.8 	(1) that the child's bodily or mental condition is such as
5.9 	to prevent attendance at school or application to study for the
5.10 	period required; or , which includes:
5.11 	(i) child illness, medical, dental, orthodontic, or
5.12 	counseling appointments;
5.13 	(ii) family emergencies;
5.14 	(iii) the death or serious illness or funeral of an
5.15 	immediate family member;
5.16 	(iv) active duty in any military branch of the United
5.17 	States; or 
5.18 	(v) other exemptions included in the district's school
5.19 	attendance policy;
5.20 	(2) that for the school years 1988-1989 through 1999-2000
5.21 	the child has already completed the studies ordinarily required
5.22 	in the 10th grade and that for the school years beginning with
5.23 	the 2000-2001 school year the child has already completed the
5.24 	studies ordinarily required to graduate the child has already
5.25 	completed state and district standards required for graduation 
5.26 	from high school; or
5.27 	(3) that it is the wish of the parent, guardian, or other
5.28 	person having control of the child, that the child attend for a
5.29 	period or periods not exceeding in the aggregate three hours in
5.30 	any week, a school for religious instruction conducted and
5.31 	maintained by some church, or association of churches, or any
5.32 	Sunday school association incorporated under the laws of this
5.33 	state, or any auxiliary thereof.  This school for religious
5.34 	instruction must be conducted and maintained in a place other
5.35 	than a public school building, and it must not, in whole or in
5.36 	part, be conducted and maintained at public expense.  However, a
6.1 	child may be absent from school on such days as the child
6.2 	attends upon instruction according to the ordinances of some
6.3 	church.
6.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

6.5 	Sec. 4. [120A.23] SCHOOL ATTENDANCE REQUIREMENT; DRIVING
6.6 	PRIVILEGES.
6.7 	A district school board, board of a state approved
6.8 	alternative program (SAAP), or charter school board of directors
6.9 	by majority vote, may waive the school attendance requirement
6.10 	for driving privileges under section 171.056 for the students it
6.11 	enrolls.  The board must vote to waive the requirement before
6.12 	September 1 of the initial school year in which the waiver is
6.13 	effective and must immediately transmit an electronic notice to
6.14 	the Department of Public Safety.  If a board intends to rescind
6.15 	its waiver and require students to comply with the school
6.16 	attendance requirement under section 171.056 for any subsequent
6.17 	school year, the board must vote before September 1 of the
6.18 	school year in which the waiver is initially rescinded and
6.19 	immediately must transmit an electronic notice to the Department
6.20 	of Public Safety.

6.21 	EFFECTIVE DATE. This section is effective July 1, 2005.

6.22 	Sec. 5. [121A.655] SCHOOL ATTENDANCE REQUIREMENT; DRIVING
6.23 	PRIVILEGES.
6.24 	Students enrolled in a school district, charter school, or
6.25 	alternative education program that does not waive the school
6.26 	attendance requirement for driving privileges are subject to
6.27 	section 171.056, among other related sections.

6.28 	EFFECTIVE DATE. This section is effective July 1, 2005.

6.29 	Sec. 6. Minnesota Statutes 2004, section 171.04,
6.30 	subdivision 1, is amended to read:
6.31 		Subdivision 1.Persons not eligible.  The department
6.32 	shall not issue a driver's license:
6.33 	(1) to any person under 18 years unless:
6.34 	(i) the applicant is 16 or 17 years of age and has a
6.35 	previously issued valid license from another state or country or
6.36 	the applicant has, for the 12 consecutive months preceding
7.1 	application, held a provisional license and during that time has
7.2 	incurred (A) no conviction for a violation of section 169A.20,
7.3 	169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no
7.4 	conviction for a crash-related moving violation, and (C) not
7.5 	more than one conviction for a moving violation that is not
7.6 	crash related.  "Moving violation" means a violation of a
7.7 	traffic regulation but does not include a parking violation,
7.8 	vehicle equipment violation, or warning citation;
7.9 	(ii) the application for a license is approved by (A)
7.10 	either parent when both reside in the same household as the
7.11 	minor applicant or, if otherwise, then (B) the parent or spouse
7.12 	of the parent having custody or, in the event there is no court
7.13 	order for custody, then (C) the parent or spouse of the parent
7.14 	with whom the minor is living or, if subitems (A) to (C) do not
7.15 	apply, then (D) the guardian having custody of the minor or, in
7.16 	the event a person under the age of 18 has no living father,
7.17 	mother, or guardian, or is married or otherwise legally
7.18 	emancipated, then (E) the minor's adult spouse, adult close
7.19 	family member, or adult employer; provided, that the approval
7.20 	required by this item contains a verification of the age of the
7.21 	applicant and the identity of the parent, guardian, adult
7.22 	spouse, adult close family member, or adult employer; and 
7.23 	(iii) the applicant presents a certification by the person
7.24 	who approves the application under item (ii), stating that the
7.25 	applicant has driven a motor vehicle accompanied by and under
7.26 	supervision of a licensed driver at least 21 years of age for at
7.27 	least ten hours during the period of provisional licensure; and 
7.28 	(iv) the applicant certifies either (A) the applicant's
7.29 	school attendance under section 171.056 and the district,
7.30 	charter school, or alternative education program in which the
7.31 	applicant is currently enrolled, or (B) that the enrolling
7.32 	district, charter school, or alternative education program board
7.33 	waived the attendance requirement under section 120A.23;
7.34 	(2) to any person who is 18 years of age or younger, unless
7.35 	the person has applied for, been issued, and possessed the
7.36 	appropriate instruction permit for a minimum of six months, and,
8.1 	with respect to a person under 18 years of age, a provisional
8.2 	license for a minimum of 12 months;
8.3 	(3) to any person who is 19 years of age or older, unless
8.4 	that person has applied for, been issued, and possessed the
8.5 	appropriate instruction permit for a minimum of three months;
8.6 	(4) to any person whose license has been suspended during
8.7 	the period of suspension except that a suspended license may be
8.8 	reinstated during the period of suspension upon the licensee
8.9 	furnishing proof of financial responsibility in the same manner
8.10 	as provided in the Minnesota No-Fault Automobile Insurance Act;
8.11 	(5) to any person whose license has been revoked except
8.12 	upon furnishing proof of financial responsibility in the same
8.13 	manner as provided in the Minnesota No-Fault Automobile
8.14 	Insurance Act and if otherwise qualified;
8.15 	(6) to any drug-dependent person, as defined in section
8.16 	254A.02, subdivision 5;
8.17 	(7) to any person who has been adjudged legally incompetent
8.18 	by reason of mental illness, mental deficiency, or inebriation,
8.19 	and has not been restored to capacity, unless the department is
8.20 	satisfied that the person is competent to operate a motor
8.21 	vehicle with safety to persons or property;
8.22 	(8) to any person who is required by this chapter to take a
8.23 	vision, knowledge, or road examination, unless the person has
8.24 	successfully passed the examination.  An applicant who fails
8.25 	four road tests must complete a minimum of six hours of
8.26 	behind-the-wheel instruction with an approved instructor before
8.27 	taking the road test again;
8.28 	(9) to any person who is required under the Minnesota
8.29 	No-Fault Automobile Insurance Act to deposit proof of financial
8.30 	responsibility and who has not deposited the proof;
8.31 	(10) to any person when the commissioner has good cause to
8.32 	believe that the operation of a motor vehicle on the highways by
8.33 	the person would be inimical to public safety or welfare;
8.34 	(11) to any person when, in the opinion of the
8.35 	commissioner, the person is afflicted with or suffering from a
8.36 	physical or mental disability or disease that will affect the
9.1 	person in a manner as to prevent the person from exercising
9.2 	reasonable and ordinary control over a motor vehicle while
9.3 	operating it upon the highways;
9.4 	(12) to a person who is unable to read and understand
9.5 	official signs regulating, warning, and directing traffic;
9.6 	(13) to a child for whom a court has ordered denial of
9.7 	driving privileges under section 260C.201, subdivision 1, or
9.8 	260B.235, subdivision 5, until the period of denial is
9.9 	completed; or
9.10 	(14) to any person whose license has been canceled, during
9.11 	the period of cancellation.
9.12 	
EFFECTIVE DATE. This section is effective September 1,
9.13 	2005, and applies to all persons under age 18 possessing or
9.14 	applying for a driver's instruction permit or provisional
9.15 	license on or after that date.

9.16 	Sec. 7. Minnesota Statutes 2004, section 171.05,
9.17 	subdivision 2, is amended to read:
9.18 		Subd. 2.Person less than 18 years of age.  (a)
9.19 	Notwithstanding any provision in subdivision 1 to the contrary,
9.20 	the department may issue an instruction permit to an applicant
9.21 	who is 15, 16, or 17 years of age and who:
9.22 	(1) has completed a course of driver education in another
9.23 	state, has a previously issued valid license from another state,
9.24 	or is enrolled in either:
9.25 	(i) a public, private, or commercial driver education
9.26 	program that is approved by the commissioner of public safety
9.27 	and that includes classroom and behind-the-wheel training; or
9.28 	(ii) an approved behind-the-wheel driver education program
9.29 	when the student is receiving full-time instruction in a home
9.30 	school within the meaning of sections 120A.22 and 120A.24, the
9.31 	student is working toward a homeschool diploma, the student's
9.32 	status as a homeschool student has been certified by the
9.33 	superintendent of the school district in which the student
9.34 	resides, and the student is taking home-classroom driver
9.35 	training with classroom materials approved by the commissioner
9.36 	of public safety;
10.1 	(2) has completed the classroom phase of instruction in the
10.2 	driver education program;
10.3 	(3) has passed a test of the applicant's eyesight;
10.4 	(4) has passed a department-administered test of the
10.5 	applicant's knowledge of traffic laws;
10.6 	(5) has completed the required application, which must be
10.7 	approved by (i) either parent when both reside in the same
10.8 	household as the minor applicant or, if otherwise, then (ii) the
10.9 	parent or spouse of the parent having custody or, in the event
10.10 	there is no court order for custody, then (iii) the parent or
10.11 	spouse of the parent with whom the minor is living or, if items
10.12 	(i) to (iii) do not apply, then (iv) the guardian having custody
10.13 	of the minor or, in the event a person under the age of 18 has
10.14 	no living father, mother, or guardian, or is married or
10.15 	otherwise legally emancipated, then (v) the applicant's adult
10.16 	spouse, adult close family member, or adult employer; provided,
10.17 	that the approval required by this clause contains a
10.18 	verification of the age of the applicant and the identity of the
10.19 	parent, guardian, adult spouse, adult close family member, or
10.20 	adult employer; and 
10.21 	(6) certifies either (i) the applicant's school attendance
10.22 	under section 171.056 and the district, charter school, or
10.23 	alternative education program in which the applicant is
10.24 	currently enrolled, or (ii) that the enrolling district, charter
10.25 	school, or alternative education program board waived the
10.26 	attendance requirement under section 120A.23; and 
10.27 	(7) has paid the fee required in section 171.06,
10.28 	subdivision 2.
10.29 	(b) The instruction permit is valid for one year from the
10.30 	date of application and may be renewed upon payment of a fee
10.31 	equal to the fee for issuance of an instruction permit under
10.32 	section 171.06, subdivision 2.
10.33 	
EFFECTIVE DATE. This section is effective September 1,
10.34 	2005, and applies to all persons under age 18 possessing or
10.35 	applying for a driver's instruction permit on or after that date.

10.36 	Sec. 8. Minnesota Statutes 2004, section 171.05,
11.1 	subdivision 2b, is amended to read:
11.2 		Subd. 2b.Instruction permit use by person under age 18.
 11.3 	(a) This subdivision applies to persons who have applied for and
11.4 	received an instruction permit under subdivision 2.
11.5 	(b) The permit holder may, with the permit in possession,
11.6 	operate a motor vehicle, but must be accompanied by and be under
11.7 	the supervision of a certified driver education instructor, the
11.8 	permit holder's parent or guardian, or another licensed driver
11.9 	age 21 or older.  The supervisor must occupy the seat beside the
11.10 	permit holder.
11.11 	(c) The permit holder may operate a motor vehicle only when
11.12 	every occupant under the age of 18 has a seat belt or child
11.13 	passenger restraint system properly fastened.  A person who
11.14 	violates this paragraph is subject to a fine of $25.  A peace
11.15 	officer may not issue a citation for a violation of this
11.16 	paragraph unless the officer lawfully stopped or detained the
11.17 	driver of the motor vehicle for a moving violation as defined in
11.18 	section 171.04, subdivision 1.  The commissioner shall not
11.19 	record a violation of this paragraph on a person's driving
11.20 	record.
11.21 	(d) The permit holder must maintain a driving record free
11.22 	of convictions for moving violations, as defined in section
11.23 	171.04, subdivision 1, and free of convictions for violation of
11.24 	section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
11.25 	169A.53.  If the permit holder drives a motor vehicle in
11.26 	violation of the law, the commissioner shall suspend, cancel, or
11.27 	revoke the permit in accordance with the statutory section
11.28 	violated.
11.29 	(e) The permit holder must comply with the school
11.30 	attendance requirement under section 171.056, except when the
11.31 	attendance requirement is waived under section 120A.23.  If the
11.32 	permit holder does not attend school as required, the
11.33 	commissioner must cancel the permit under section 171.056.
11.34 	
EFFECTIVE DATE. This section is effective September 1,
11.35 	2005, and applies to all persons under age 18 possessing or
11.36 	applying for a driver's instruction permit on or after that date.

12.1 	Sec. 9. Minnesota Statutes 2004, section 171.05,
12.2 	subdivision 3, is amended to read:
12.3 		Subd. 3.Motorized bicycle.  Notwithstanding any
12.4 	provision in subdivision 1 to the contrary, the department, upon
12.5 	application and payment of the fee prescribed in section 171.02,
12.6 	subdivision 3, may issue a motorized bicycle instruction permit
12.7 	to an applicant who is 15 years of age and ,who has successfully
12.8 	completed the written portion of the examination prescribed by
12.9 	the commissioner, and who certifies either (1) the applicant's
12.10 	school attendance under section 171.056 and the district,
12.11 	charter school, or alternative education program in which the
12.12 	applicant is currently enrolled, or (2) that the enrolling
12.13 	district, charter school, or alternative education program board
12.14 	waived the attendance requirement under section 120A.23.  The
12.15 	holder of this instruction permit who has the permit in
12.16 	possession may operate a motorized bicycle within one mile of
12.17 	the holder's residence for the purpose of practicing to take the
12.18 	operator portion of the examination prescribed by the
12.19 	commissioner.
12.20 	
EFFECTIVE DATE. This section is effective September 1,
12.21 	2005, and applies to all persons under age 18 possessing or
12.22 	applying for a motorized bicycle instruction permit on or after
12.23 	that date.

12.24 	Sec. 10. [171.056] SCHOOL ATTENDANCE REQUIREMENT FOR
12.25 	DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, AND
12.26 	PROVISIONAL LICENSE.
12.27 		Subdivision 1.Definitions. (a) As used in this section
12.28 	the terms defined in this subdivision have the meanings given
12.29 	them.
12.30 	(b) "Continuing truant" means a student under section
12.31 	260A.02, subdivision 3, who is absent without valid excuse from
12.32 	instruction in a school.
12.33 	(c)  "Habitual truant" means a person under section
12.34 	260C.101, subdivision 19, who is absent without lawful excuse
12.35 	from attendance at school.
12.36 	(d) "High school diploma" means an official record or
13.1 	document indicating that the student has satisfied the
13.2 	graduation requirements of that school as defined under section
13.3 	120A.22, subdivision 4.
13.4 	(e) "Public school" means a public school, state approved
13.5 	alternative program (SAAP), or charter school.
13.6 	(f) "School board" means a public school district school
13.7 	board, SAAP board, or charter school board of directors.
13.8 	(g) "School principal" means a principal or chief
13.9 	administrative officer of a public school.
13.10 	Subd. 2.[ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION
13.11 	PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL LICENSE.] (a)
13.12 	Notwithstanding any law to the contrary, except when the
13.13 	attendance requirement is waived under section 120A.23, school
13.14 	attendance is a requirement for issuing a new driver's
13.15 	instruction permit, motorized bicycle permit, or provisional
13.16 	license or renewing the permit of a person under age 18.  The
13.17 	person meets the school attendance requirement when the person:
13.18 	(1) has a high school diploma or general education
13.19 	development certificate (GED);
13.20 	(2) has withdrawn from school under section 120A.22,
13.21 	subdivision 8; or 
13.22 	(3) is enrolled and attending a public school and is not a
13.23 	continuing truant or habitually truant, is enrolled and
13.24 	attending a nonpublic school, or is homeschooled.
13.25 	(b) A person under age 18 who applies for a motorized
13.26 	bicycle permit, instruction permit, or provisional license must
13.27 	submit information to the Department of Public Safety in the
13.28 	manner and format it prescribes documenting that the person has
13.29 	met the requirements of paragraph (a).
13.30 		Subd. 3.Expungement of record. Upon receiving the
13.31 	written or electronic request of a student who is age 18 or
13.32 	older, the Department of Public Safety must expunge from the
13.33 	department's motor vehicle records all the student's truancy
13.34 	data related to the department refusing to issue or canceling
13.35 	the student's permit or license under this section.
13.36 	
EFFECTIVE DATE. This section is effective September 1,
14.1 	2005, and applies to all persons under age 18 possessing or
14.2 	applying for a motorized bicycle permit, driver's instruction
14.3 	permit, or provisional license on or after that date.

14.4 	Sec. 11. Minnesota Statutes 2004, section 260C.007,
14.5 	subdivision 6, is amended to read:
14.6 		Subd. 6.Child in need of protection or services.  "Child
14.7 	in need of protection or services" means a child who is in need
14.8 	of protection or services because the child:
14.9 	(1) is abandoned or without parent, guardian, or custodian;
14.10 	(2)(i) has been a victim of physical or sexual abuse, (ii)
14.11 	resides with or has resided with a victim of domestic child
14.12 	abuse as defined in subdivision 5, (iii) resides with or would
14.13 	reside with a perpetrator of domestic child abuse or child abuse
14.14 	as defined in subdivision 5, or (iv) is a victim of emotional
14.15 	maltreatment as defined in subdivision 8;
14.16 	(3) is without necessary food, clothing, shelter,
14.17 	education, or other required care for the child's physical or
14.18 	mental health or morals because the child's parent, guardian, or
14.19 	custodian is unable or unwilling to provide that care;
14.20 	(4) is without the special care made necessary by a
14.21 	physical, mental, or emotional condition because the child's
14.22 	parent, guardian, or custodian is unable or unwilling to provide
14.23 	that care, including a child in voluntary placement due solely
14.24 	to the child's developmental disability or emotional
14.25 	disturbance;
14.26 	(5) is medically neglected, which includes, but is not
14.27 	limited to, the withholding of medically indicated treatment
14.28 	from a disabled infant with a life-threatening condition.  The
14.29 	term "withholding of medically indicated treatment" means the
14.30 	failure to respond to the infant's life-threatening conditions
14.31 	by providing treatment, including appropriate nutrition,
14.32 	hydration, and medication which, in the treating physician's or
14.33 	physicians' reasonable medical judgment, will be most likely to
14.34 	be effective in ameliorating or correcting all conditions,
14.35 	except that the term does not include the failure to provide
14.36 	treatment other than appropriate nutrition, hydration, or
15.1 	medication to an infant when, in the treating physician's or
15.2 	physicians' reasonable medical judgment:
15.3 	(i) the infant is chronically and irreversibly comatose;
15.4 	(ii) the provision of the treatment would merely prolong
15.5 	dying, not be effective in ameliorating or correcting all of the
15.6 	infant's life-threatening conditions, or otherwise be futile in
15.7 	terms of the survival of the infant; or
15.8 	(iii) the provision of the treatment would be virtually
15.9 	futile in terms of the survival of the infant and the treatment
15.10 	itself under the circumstances would be inhumane;
15.11 	(6) is one whose parent, guardian, or other custodian for
15.12 	good cause desires to be relieved of the child's care and
15.13 	custody, including a child in placement according to voluntary
15.14 	release by the parent under section 260C.212, subdivision 8;
15.15 	(7) has been placed for adoption or care in violation of
15.16 	law;
15.17 	(8) is without proper parental care because of the
15.18 	emotional, mental, or physical disability, or state of
15.19 	immaturity of the child's parent, guardian, or other custodian;
15.20 	(9) is one whose behavior, condition, or environment is
15.21 	such as to be injurious or dangerous to the child or others.  An
15.22 	injurious or dangerous environment may include, but is not
15.23 	limited to, the exposure of a child to criminal activity in the
15.24 	child's home;
15.25 	(10) is experiencing growth delays, which may be referred
15.26 	to as failure to thrive, that have been diagnosed by a physician
15.27 	and are due to parental neglect;
15.28 	(11) has engaged in prostitution as defined in section
15.29 	609.321, subdivision 9;
15.30 	(12) has committed a delinquent act or a juvenile petty
15.31 	offense before becoming ten years old;
15.32 	(13) is a runaway;
15.33 	(14) is a continuing or habitual truant;
15.34 	(15) has been found incompetent to proceed or has been
15.35 	found not guilty by reason of mental illness or mental
15.36 	deficiency in connection with a delinquency proceeding, a
16.1 	certification under section 260B.125, an extended jurisdiction
16.2 	juvenile prosecution, or a proceeding involving a juvenile petty
16.3 	offense; or
16.4 	(16) has been found by the court to have committed domestic
16.5 	abuse perpetrated by a minor under Laws 1997, chapter 239,
16.6 	article 10, sections 2 to 26, has been ordered excluded from the
16.7 	child's parent's home by an order for protection/minor
16.8 	respondent, and the parent or guardian is either unwilling or
16.9 	unable to provide an alternative safe living arrangement for the
16.10 	child.
16.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

16.12 	Sec. 12. Minnesota Statutes 2004, section 260C.007, is
16.13 	amended by adding a subdivision to read:
16.14 		Subd. 8a.Continuing truant. "Continuing truant" means a
16.15 	student under section 260A.02, subdivision 3, who is absent
16.16 	without valid excuse from instruction in a school.
16.17 	
EFFECTIVE DATE. This section is effective July 1, 2005.

16.18 	Sec. 13. Minnesota Statutes 2004, section 260C.201,
16.19 	subdivision 1, is amended to read:
16.20 		Subdivision 1.Dispositions.  (a) If the court finds that
16.21 	the child is in need of protection or services or neglected and
16.22 	in foster care, it shall enter an order making any of the
16.23 	following dispositions of the case:
16.24 	(1) place the child under the protective supervision of the
16.25 	responsible social services agency or child-placing agency in
16.26 	the home of a parent of the child under conditions prescribed by
16.27 	the court directed to the correction of the child's need for
16.28 	protection or services:
16.29 	(i) the court may order the child into the home of a parent
16.30 	who does not otherwise have legal custody of the child, however,
16.31 	an order under this section does not confer legal custody on
16.32 	that parent;
16.33 	(ii) if the court orders the child into the home of a
16.34 	father who is not adjudicated, he must cooperate with paternity
16.35 	establishment proceedings regarding the child in the appropriate
16.36 	jurisdiction as one of the conditions prescribed by the court
17.1 	for the child to continue in his home;
17.2 	(iii) the court may order the child into the home of a
17.3 	noncustodial parent with conditions and may also order both the
17.4 	noncustodial and the custodial parent to comply with the
17.5 	requirements of a case plan under subdivision 2; or
17.6 	(2) transfer legal custody to one of the following:
17.7 	(i) a child-placing agency; or
17.8 	(ii) the responsible social services agency.  In placing a
17.9 	child whose custody has been transferred under this paragraph,
17.10 	the agencies shall make an individualized determination of how
17.11 	the placement is in the child's best interests using the
17.12 	consideration for relatives and the best interest factors in
17.13 	section 260C.212, subdivision 2, paragraph (b); or
17.14 	(3) if the child has been adjudicated as a child in need of
17.15 	protection or services because the child is in need of special
17.16 	services or care to treat or ameliorate a physical or mental
17.17 	disability, the court may order the child's parent, guardian, or
17.18 	custodian to provide it.  The court may order the child's health
17.19 	plan company to provide mental health services to the child.
17.20 	Section 62Q.535 applies to an order for mental health services
17.21 	directed to the child's health plan company.  If the health
17.22 	plan, parent, guardian, or custodian fails or is unable to
17.23 	provide this treatment or care, the court may order it
17.24 	provided.  Absent specific written findings by the court that
17.25 	the child's disability is the result of abuse or neglect by the
17.26 	child's parent or guardian, the court shall not transfer legal
17.27 	custody of the child for the purpose of obtaining special
17.28 	treatment or care solely because the parent is unable to provide
17.29 	the treatment or care.  If the court's order for mental health
17.30 	treatment is based on a diagnosis made by a treatment
17.31 	professional, the court may order that the diagnosing
17.32 	professional not provide the treatment to the child if it finds
17.33 	that such an order is in the child's best interests; or
17.34 	(4) if the court believes that the child has sufficient
17.35 	maturity and judgment and that it is in the best interests of
17.36 	the child, the court may order a child 16 years old or older to
18.1 	be allowed to live independently, either alone or with others as
18.2 	approved by the court under supervision the court considers
18.3 	appropriate, if the county board, after consultation with the
18.4 	court, has specifically authorized this dispositional
18.5 	alternative for a child.
18.6 	(b) If the child was adjudicated in need of protection or
18.7 	services because the child is a runaway, or is a continuing or
18.8 	habitual truant, the court may order any of the following
18.9 	dispositions in addition to or as alternatives to the
18.10 	dispositions authorized under paragraph (a):
18.11 	(1) counsel the child or the child's parents, guardian, or
18.12 	custodian;
18.13 	(2) place the child under the supervision of a probation
18.14 	officer or other suitable person in the child's own home under
18.15 	conditions prescribed by the court, including reasonable rules
18.16 	for the child's conduct and the conduct of the parents,
18.17 	guardian, or custodian, designed for the physical, mental, and
18.18 	moral well-being and behavior of the child; or with the consent
18.19 	of the commissioner of corrections, place the child in a group
18.20 	foster care facility which is under the commissioner's
18.21 	management and supervision;
18.22 	(3) subject to the court's supervision, transfer legal
18.23 	custody of the child to one of the following:
18.24 	(i) a reputable person of good moral character.  No person
18.25 	may receive custody of two or more unrelated children unless
18.26 	licensed to operate a residential program under sections 245A.01
18.27 	to 245A.16; or
18.28 	(ii) a county probation officer for placement in a group
18.29 	foster home established under the direction of the juvenile
18.30 	court and licensed pursuant to section 241.021;
18.31 	(4) require the child to pay a fine of up to $100.  The
18.32 	court shall order payment of the fine in a manner that will not
18.33 	impose undue financial hardship upon the child;
18.34 	(5) require the child to participate in a community service
18.35 	project;
18.36 	(6) order the child to undergo a chemical dependency
19.1 	evaluation and, if warranted by the evaluation, order
19.2 	participation by the child in a drug awareness program or an
19.3 	inpatient or outpatient chemical dependency treatment program;
19.4 	(7) if the court believes that it is in the best interests
19.5 	of the child and or of public safety that the child's driver's
19.6 	license or instruction permit be canceled, the court may order
19.7 	the commissioner of public safety to cancel the child's license
19.8 	or permit for any period up to the child's 18th birthday.  If
19.9 	the child does not have a driver's license or permit, the court
19.10 	may order a denial of driving privileges for any period up to
19.11 	the child's 18th birthday. If the child is a continuing or
19.12 	habitual truant, the court must cancel the child's driving
19.13 	privileges.The court shall forward an order issued under this
19.14 	clause to the commissioner, who shall cancel the license or
19.15 	permit or deny driving privileges without a hearing for the
19.16 	period specified by the court.  At any time before the
19.17 	expiration of the period of cancellation or denial, the court
19.18 	may, for good cause, order the commissioner of public safety to
19.19 	allow the child to apply for a license or permit, and the
19.20 	commissioner shall so authorize;
19.21 	(8) order that the child's parent or legal guardian deliver
19.22 	the child to school at the beginning of each school day for a
19.23 	period of time specified by the court; or
19.24 	(9) require the child to perform any other activities or
19.25 	participate in any other treatment programs deemed appropriate
19.26 	by the court.
19.27 	To the extent practicable, the court shall enter a
19.28 	disposition order the same day it makes a finding that a child
19.29 	is in need of protection or services or neglected and in foster
19.30 	care, but in no event more than 15 days after the finding unless
19.31 	the court finds that the best interests of the child will be
19.32 	served by granting a delay.  If the child was under eight years
19.33 	of age at the time the petition was filed, the disposition order
19.34 	must be entered within ten days of the finding and the court may
19.35 	not grant a delay unless good cause is shown and the court finds
19.36 	the best interests of the child will be served by the delay.
20.1 	(c) If a child who is 14 years of age or older is
20.2 	adjudicated in need of protection or services because the child
20.3 	is a habitual truant and truancy procedures involving the child
20.4 	were previously dealt with by a school attendance review board
20.5 	or county attorney mediation program under section 260A.06 or
20.6 	260A.07, the court shall order a cancellation or denial of
20.7 	driving privileges under paragraph (b), clause (7), for any
20.8 	period up to the child's 18th birthday.
20.9 	(d) In the case of a child adjudicated in need of
20.10 	protection or services because the child has committed domestic
20.11 	abuse and been ordered excluded from the child's parent's home,
20.12 	the court shall dismiss jurisdiction if the court, at any time,
20.13 	finds the parent is able or willing to provide an alternative
20.14 	safe living arrangement for the child, as defined in Laws 1997,
20.15 	chapter 239, article 10, section 2.
20.16 	(e) When a parent has complied with a case plan ordered
20.17 	under subdivision 6 and the child is in the care of the parent,
20.18 	the court may order the responsible social services agency to
20.19 	monitor the parent's continued ability to maintain the child
20.20 	safely in the home under such terms and conditions as the court
20.21 	determines appropriate under the circumstances.
20.22 	
EFFECTIVE DATE. This section is effective July 1, 2005.