SF 1781

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/09/2025 01:19 p.m.

A bill for an act
relating to education; providing references to statutes governing student attendance;
proposing coding for new law in Minnesota Statutes, chapter 120A.

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

Section 1.

new text begin [120A.37] ATTENDANCE PROVISIONS CODED ELSEWHERE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The sections referred to in subdivisions 2 to 11 are codified outside
this section. Those sections include many but not all the sections governing student
attendance.
new text end

new text begin Subd. 2. new text end

new text begin Age of instruction. new text end

new text begin (a) Compulsory instruction requirements based on age are
governed by section 120A.22, subdivision 5.
new text end

new text begin (b) Limitation on admission to a public school based on age is governed by section
120A.20.
new text end

new text begin Subd. 3. new text end

new text begin District of residence. new text end

new text begin (a) Admission to a public school operated by a district
is free to a child who resides within the district in accordance with section 120A.20.
new text end

new text begin (b) A student may attend a school operated by a district in which the student does not
reside in accordance with section 124D.03. A nonresident district may terminate the
enrollment of a nonresident student if the student is a habitual truant or has been absent
without lawful excuse in accordance with section 124D.03, subdivision 12.
new text end

new text begin Subd. 4. new text end

new text begin Nonpublic school student reporting. new text end

new text begin The person or nonpublic school in charge
of providing instruction to a child must submit a report to the superintendent of the district
in which the child resides, and maintain documentation in accordance with section 120A.24.
new text end

new text begin Subd. 5. new text end

new text begin Transportation. new text end

new text begin (a) A school board must provide transportation for enrolled
students residing within the district in accordance with section 123B.88. A district may
provide bus transportation between buildings along school routes for students attending
programs at an area learning center in accordance with section 123B.88, subdivision 13.
new text end

new text begin (b) A school district may revoke a student's bus riding privileges in accordance with
sections 121A.59 and 123B.91.
new text end

new text begin (c) A school district transporting students must do so using a school bus, including a
multifunction school activity bus or a type III vehicle, in accordance with chapters 169 and
171. A district may use a vehicle that otherwise qualifies as a type III vehicle where the
operator does not meet the requirements of section 171.321 to transport students in a
nonscheduled situation in accordance with section 169.454, subdivision 13.
new text end

new text begin Subd. 6. new text end

new text begin Students with disabilities. new text end

new text begin (a) A school board must provide transportation for
a student with a disability in accordance with the Individuals with Disabilities Education
Act, section 123B.88, and chapter 125A.
new text end

new text begin (b) A district must provide a student with disabilities a free appropriate public education
in accordance with the Individuals with Disabilities Education Act, and special instruction
and services under chapter 125A.
new text end

new text begin Subd. 7. new text end

new text begin Funding. new text end

new text begin A school district may use its unrestricted general fund money or its
reserved basic skills revenue for programs to reduce truancy in accordance with section
126C.15.
new text end

new text begin Subd. 8. new text end

new text begin Absences. new text end

new text begin (a) A parent or guardian may apply to a district to have a child
excused from attendance, and the district may approve the application in accordance with
section 120A.22, subdivision 12. An excused absence may include absence so that the child
may attend, for up to three hours a week, instruction by a Tribal spiritual or cultural adviser,
or a school for religious instruction. Section 120A.22, subdivision 12, identifies the persons
to whom a parent may apply for an excused absence.
new text end

new text begin (b) A district must make reasonable efforts to accommodate a student who wishes to be
excused from a curricular activity for a religious observance or American Indian cultural
practice, observance, or ceremony, in accordance with section 120A.35.
new text end

new text begin Subd. 9. new text end

new text begin Removal from attendance roll. new text end

new text begin A student who has been absent from school
for 15 consecutive school days during the regular school year is dropped from the roll and
classified as withdrawn in accordance with section 126C.05.
new text end

new text begin Subd. 10. new text end

new text begin Truancy. new text end

new text begin (a) Truancy programs are governed by chapter 260A.
new text end

new text begin (b) A student who is absent from school without valid excuse within a single school
year for three days if the child is in elementary school, or three or more class periods if the
child is in middle school, junior high school, or high school, is a continuing truant in
accordance with section 260A.02, subdivision 3.
new text end

new text begin (c) A district must notify the child's parent or guardian that the child is a truant in
accordance with section 260A.03.
new text end

new text begin (d) Truancy programs may include community-based projects, truancy service centers,
and school attendance review boards, in accordance with section 260A.04.
new text end

new text begin (e) A county attorney may establish a truancy mediation program under section 260A.07.
A school district may refer a student who is a truant to the county attorney if the student
continues to be a truant after the district has notified the parent or guardian that the child is
a truant under section 260A.03. Disclosure of student data to the county attorney for purposes
of addressing truancy is governed by section 13.32, subdivision 3, paragraph (c); section
260A.07; and chapter 260E.
new text end

new text begin Subd. 11. new text end

new text begin Maltreatment. new text end

new text begin (a) The definition of "child in need of protection or services,"
which includes a habitual truant, is governed by section 260C.007, subdivision 6. The
definition of "habitual truant" is governed by section 260C.007, subdivision 19.
new text end

new text begin (b) Presumptions regarding the intent of the parent when a child is absent from school
for purposes of determining compliance with compulsory instruction laws are governed by
section 260C.163, subdivision 11.
new text end

new text begin (c) Habitual truancy may also be considered reportable maltreatment of a minor under
chapter 260E. Maltreatment under section 260E.03, subdivision 12, includes neglect under
section 260E.03, subdivision 15. Neglect includes failure to ensure that the child is educated
as defined in sections 120A.22 and 260C.163, subdivision 11.
new text end

new text begin Subd. 10. new text end

new text begin Criminal penalties. new text end

new text begin (a) A person who fails or refuses to provide for instruction
of a child who is required to receive instruction when notified to do so by a truant officer
or other official, or who meets other conditions, is guilty of a petty misdemeanor in
accordance with section 120A.34.
new text end

new text begin (b) A person who causes or contributes to a child being a habitual truant may be charged
with a felony in accordance with section 609.26.
new text end