SF 942

3rd Engrossment - 94th Legislature (2025 - 2026)

Posted on 07/09/2025 09:14 a.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,
sections 124D.03, subdivision 12; 260A.03; 260A.06, subdivision 1; 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 124D.03, subdivision 12, is amended to read:

Subd. 12.

Termination of enrollment.

A district may terminate the enrollment of a
nonresident student enrolled under this section or section 124D.08 at the end of a school
year if the student meets the definition of a habitual truant under section 260C.007,
subdivision 19, the student has been provided appropriate services under chapter 260A, and
the student's case has been referred to juvenile court. A district may also terminate the
enrollment of a nonresident student over the age of 17 enrolled under this section if the
student is absent without lawful excuse for one or more periods on 15 school days and has
not lawfully withdrawn from school under section 120A.22, subdivision 8. new text begin Notwithstanding
the above, the district may not terminate the enrollment of a nonresident student identified
as a child with a disability under section 125A.02, subdivision 1, at the end of a school year
if the child's individualized education program team has not been convened within 60 school
days prior to the last school day of the school year to address the potential relationship
between the child's disability and truancy, including if a functional behavior assessment as
defined by Minnesota Rules, part 3525.0210, subpart 22, must be conducted.
new text end

Sec. 2.

Minnesota Statutes 2024, section 260A.03, is amended to read:

260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
CONTINUING TRUANT.

Upon a child's initial classification as a continuing truant, the school attendance officer
or other designated school official shall notify the child's parent or legal guardian, by
first-class mail or other reasonable means, of the following:

(1) that the child is truant;

(2) that the parent or guardian should notify the school if there is a valid excuse for the
child's absences;

(3) that the parent or guardian is obligated to compel the attendance of the child at school
pursuant to section 120A.22 and parents or guardians who fail to meet this obligation may
be subject to prosecution under section 120A.34;

(4) that this notification serves as the notification required by section 120A.34;

(5) that alternative educational programs and services may be available in the child's
enrolling or resident district;

(6) that the parent or guardian has the right to meet with appropriate school personnel
to discuss solutions to the child's truancy;

(7) new text begin that if the child has been identified as a child with a disability under section 125A.02,
subdivision 1, the child's individualized education program team will be convened within
ten school days of the notice to address the potential relationship between the child's disability
and truancy, including if a functional behavior assessment as defined by Minnesota Rules,
part 3525.0210, subpart 22, must be conducted;
new text end

new text begin (8) new text end that if the child continues to be truant, the parent and child may be subject to juvenile
court proceedings under chapter 260C;

deleted text begin (8) deleted text end new text begin (9) new text end that if the child is subject to juvenile court proceedings, the child may be subject
to suspension, restriction, or delay of the child's driving privilege pursuant to section
260C.201; and

deleted text begin (9) deleted text end new text begin (10) new text end that it is recommended that the parent or guardian accompany the child to school
and attend classes with the child for one day.

Sec. 3.

Minnesota Statutes 2024, section 260A.06, subdivision 1, is amended to read:

Subdivision 1.

Referral; notice.

An attendance officer or other school official may refer
a student who is a continuing truant to the school attendance review board new text begin , provided that
the school district has complied with its obligations under section 260A.03, clause (7) new text end . The
person making the referral shall provide a written notice by first class mail or other reasonable
means to the student and the student's parent or legal guardian. The notice must:

(1) include the name and address of the board to which the student has been referred
and the reason for the referral; and

(2) indicate that the student, the parent or legal guardian, and the referring person will
meet with the board to determine a proper disposition of the referral, unless the board refers
the student directly to the county attorney or for other appropriate legal action.

Sec. 4.

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 the age of deleted text end new text begin 12 years
of age or older and under new text end 17 years who is absent from attendance at school without lawful
excuse for seven new text begin full new text end school days per school year deleted text begin if the child is in elementary school or for
one or more class periods on seven school days per school year deleted text end 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 deleted text begin one or more class periods on deleted text end seven new text begin full new text end
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 16 years of age who has been absent from school
for seven school days without lawful excuse and the school has made appropriate efforts
to resolve the child's attendance problems. The presumption of educational neglect may be
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 in sections 120A.22 and 120A.24.
new text end

Sec. 5.

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 full school day 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 full school day 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 full school
day 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 in
partnership with a county attorney's office, child protections services, 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. A county attorney's office 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. 6. 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