SF 2798

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2025 09:05 a.m.

A bill for an act
relating to education; allowing for enrollment in a nonresident school district;
amending Minnesota Statutes 2024, section 120A.22, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 120A.22, subdivision 3, is amended to read:

Subd. 3.

Parent defined; residency determined.

(a) In this section and sections 120A.24
and 120A.26, "parent" means a parent, guardian, or other person having legal custody of a
child.

(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian, or
other person having legal custody of a child under age 18. For an unmarried pupil age 18
or over, "parent" means the pupil unless a guardian or conservator has been appointed, in
which case it means the guardian or conservator.

(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and
who is placed in a center for care and treatment, shall be the school district in which the
pupil's biological or adoptive parent or designated guardian resides.

(d) For a married pupil age 18 or over, the school district of residence is the school
district in which the married pupil resides.

(e) If a district reasonably believes that a student does not meet the residency requirements
of the school district in which the student is attending school, the student may be removed
from the school only after the district sends the student's parents written notice of the district's
belief, including the facts upon which the belief is based, and an opportunity to provide
documentary evidence of residency in person to the superintendent or designee, or, at the
option of the parents, by sending the documentary evidence to the superintendent, or a
designee, who will then make a determination as to the residency status of the student.

new text begin (f) For the purposes of meeting the residency requirements of the school district,
documentary evidence of residency includes a written statement from the student's parent
that the address for residency belongs to a grandparent, aunt, or uncle of the student, even
if the student does not reside at the address.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2025-2026 school year and later.
new text end