HF 1604

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/26/2025 02:52 p.m.

A bill for an act
relating to children and families; mandating school attendance reporting to a local
welfare agency; modifying the habitual truant definition; appropriating money for
grants to fund child welfare response efforts; amending Minnesota Statutes 2024,
section 260C.007, subdivision 19; proposing coding for new law in Minnesota
Statutes, chapter 260E.

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

Section 1.

Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read:

Subd. 19.

Habitual truant.

new text begin (a) new text end "Habitual truant" means a child deleted text begin under deleted text end new text begin between new text end the deleted text begin age deleted text end new text begin
ages new text end of new text begin 12 and new text end 17 years who is absent from attendance at school without lawful excuse deleted text begin for
seven school days per school year if the child is in elementary school or deleted text end for one or more
class periods on seven school days per school year if the child is in middle school, junior
high school, or high school or a child who is 17 years of age who is absent from attendance
at school without lawful excuse for one or more class periods on seven school days per
school year and who has not lawfully withdrawn from school under section 120A.22,
subdivision 8.

new text begin (b) For the purposes of educational neglect under section 260C.163, subdivision 11,
"habitual truant" includes a child under age 12 who has been absent from school for seven
school days without lawful excuse where the presumption of educational neglect is rebutted
based on a showing by clear and convincing evidence that the child's absence is not due to
the failure of the child's parent, guardian, or custodian to comply with compulsory instruction
laws.
new text end

Sec. 2.

new text begin [260E.291] REPORTING OF SCHOOL ATTENDANCE CONCERNS.
new text end

new text begin Subdivision 1. new text end

new text begin Reports required. new text end

new text begin (a) A person mandated to report under this chapter
must immediately report to the local welfare agency or designated partner if the person
knows or has reason to believe that a child required to be enrolled in school under section
120A.22 has at least seven unexcused absences in the current school year and is at risk of
educational neglect or truancy under section 260C.163, subdivision 11.
new text end

new text begin (b) Any person may voluntarily report to the local welfare agency if the person knows
or has reason to believe that a child required to be enrolled in school under section 120A.22
has at least seven unexcused absences in the current school year and is at risk of educational
neglect or truancy under section 260C.163, subdivision 11.
new text end

new text begin (c) An oral report must be made immediately by telephone or otherwise. An oral report
made by a person required to report under paragraph (a) must be followed within 72 hours,
exclusive of weekends and holidays, by a report in writing to the local welfare agency. A
report must sufficiently identify the child and the child's parent or guardian, the actual or
estimated number of the child's unexcused absences in the current school year, the efforts
made by school officials to resolve attendance concerns with the family, and the name and
address of the reporter. A voluntary reporter under paragraph (b) may refuse to provide
their name or address if the report is otherwise sufficient, and such a report must be accepted
by the local welfare agency.
new text end

new text begin Subd. 2. new text end

new text begin Local welfare agency. new text end

new text begin (a) The local welfare agency or partner designated to
provide child welfare services must provide a child welfare response for a report that alleges
a child enrolled in school has seven or more unexcused absences. When providing a child
welfare response under this paragraph, the local welfare agency or designated partner must
offer services to the child and the child's family to address school attendance concerns or
may partner with a county attorney's office, a community-based organization, or other
community partner to provide the services. The services must be culturally and linguistically
appropriate and tailored to the needs of the child and the child's family. This section is
subject to all requirements of the Minnesota Indian Family Preservation Act under sections
260.751 to 260.835, and the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act under sections 260.61 to 260.693.
new text end

new text begin (b) If the child's unexcused absences continue and the family has not engaged with
services under paragraph (a) after the local welfare agency or partner designated to provide
child welfare services has made multiple varied attempts to engage the child's family, a
report of educational neglect must be made regardless of the number of unexcused absences
the child has accrued. The local welfare agency must determine the response path assignment
pursuant to section 260E.17 and may proceed with the process outlined in section 260C.141.
new text end

Sec. 3. new text begin APPROPRIATION; EDUCATIONAL NEGLECT AND CHILD WELFARE
RESPONSE GRANTS.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the commissioner of human services for grants to fund child welfare response efforts
under Minnesota Statutes, section 260E.291. The commissioner must make grants to local
welfare agencies to support efforts to improve school attendance after receiving a report
under Minnesota Statutes, section 260E.291. A grant to a local welfare agency must include
funding for program evaluation to evaluate student attendance outcomes for all participating
programs. Any balance remaining in fiscal year 2026 is available in fiscal year 2027.
new text end