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HF 86

as introduced - 87th Legislature (2011 - 2012) Posted on 01/13/2011 10:15am

KEY: stricken = removed, old language. underscored = added, new language.

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Introduction Pdf Posted on 01/13/2011

Current Version - as introduced

A bill for an act
relating to education; increasing the compulsory attendance age; amending
Minnesota Statutes 2010, sections 120A.22, subdivision 5; 120A.24, subdivision
1; 124D.03, subdivision 12; 260C.007, subdivision 19; 260C.143, subdivision 4;
repealing Minnesota Statutes 2010, section 120A.22, subdivision 8.

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

Section 1.

Minnesota Statutes 2010, section 120A.22, subdivision 5, is amended to
read:


Subd. 5.

Ages and terms.

(a) Every child between seven and 16 18 years of age
or until the child successfully completes the requirements for high school graduation,
whichever comes first,
must receive instruction. Every child under the age of seven who is
enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days,
or other kindergarten programs shall receive instruction. Except as provided in subdivision
6, a parent may withdraw a child under the age of seven from enrollment at any time.

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school shall establish at the time of its action the criteria
for determining which children must receive instruction.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 2.

Minnesota Statutes 2010, section 120A.24, subdivision 1, is amended to read:


Subdivision 1.

Reports to superintendent.

The person in charge of providing
instruction to a child between the ages of seven and 16 must submit the following
information to the superintendent of the district in which the child resides:

(1) by October 1 of each school year, the name, birth date, and address of each
child receiving instruction;

(2) the name of each instructor and evidence of compliance with one of the
requirements specified in section 120A.22, subdivision 10;

(3) an annual instructional calendar; and

(4) for each child instructed by a parent who meets only the requirement of section
120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
child in each subject area required in section 120A.22, subdivision 9.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 3.

Minnesota Statutes 2010, 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 16 18 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.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 4.

Minnesota Statutes 2010, section 260C.007, subdivision 19, is amended to read:


Subd. 19.

Habitual truant.

"Habitual truant" means a child under the age of 16
18
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 16 or 17 years of age who is absent from attendance at
school without lawful excuse for one or more class periods on seven school days and who
has not lawfully withdrawn from school under section 120A.22, subdivision 8
.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 5.

Minnesota Statutes 2010, section 260C.143, subdivision 4, is amended to read:


Subd. 4.

Truant.

When a peace officer or probation officer has probable cause to
believe that a child is absent from school without lawful excuse, consistent with section
120A.22, subdivisions subdivision 5 and 8, the officer may:

(1) transport the child to the child's home and deliver the child to the custody of the
child's parent or guardian;

(2) transport the child to the child's school of enrollment and deliver the child to the
custody of a school superintendent or teacher;

(3) transport the child to a truancy service center under section 260A.04, subdivision
3
; or

(4) transport the child from the child's home to the child's school of enrollment or to
a truancy service center.

EFFECTIVE DATE.

This section is effective for the 2013-2014 school year and
later.

Sec. 6. REPEALER.

Minnesota Statutes 2010, section 120A.22, subdivision 8, is repealed effective
for the 2013-2014 school year and later.

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