SF 942

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/31/2025 02:17 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 under the age of 17 years
who is absent from attendance at school without lawful excuse for seven school days per
school year if the child is in elementary school or 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has not lawfully withdrawn from school under section 120A.22, subdivision 8.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 12 years of age 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, Tribal social services 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 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 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, Tribal social services
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, Tribal social services 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, Tribal social services 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 children, youth, and families for grants to fund child welfare
response efforts under Minnesota Statutes, section 260E.291. The commissioner must make
grants to local welfare agencies, including Tribal social services 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