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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

1.1A bill for an act
1.2relating to education; increasing the compulsory attendance age; amending
1.3Minnesota Statutes 2010, sections 120A.22, subdivision 5; 120A.24, subdivision
1.41; 124D.03, subdivision 12; 260C.007, subdivision 19; 260C.143, subdivision 4;
1.5repealing Minnesota Statutes 2010, section 120A.22, subdivision 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 120A.22, subdivision 5, is amended to
1.8read:
1.9    Subd. 5. Ages and terms. (a) Every child between seven and 16 18 years of age
1.10or until the child successfully completes the requirements for high school graduation,
1.11whichever comes first, must receive instruction. Every child under the age of seven who is
1.12enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days,
1.13or other kindergarten programs shall receive instruction. Except as provided in subdivision
1.146, a parent may withdraw a child under the age of seven from enrollment at any time.
1.15(b) A school district by annual board action may require children subject to this
1.16subdivision to receive instruction in summer school. A district that acts to require children
1.17to receive instruction in summer school shall establish at the time of its action the criteria
1.18for determining which children must receive instruction.
1.19EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
1.20later.

1.21    Sec. 2. Minnesota Statutes 2010, section 120A.24, subdivision 1, is amended to read:
2.1    Subdivision 1. Reports to superintendent. The person in charge of providing
2.2instruction to a child between the ages of seven and 16 must submit the following
2.3information to the superintendent of the district in which the child resides:
2.4(1) by October 1 of each school year, the name, birth date, and address of each
2.5child receiving instruction;
2.6(2) the name of each instructor and evidence of compliance with one of the
2.7requirements specified in section 120A.22, subdivision 10;
2.8(3) an annual instructional calendar; and
2.9(4) for each child instructed by a parent who meets only the requirement of section
2.10120A.22, subdivision 10 , clause (6), a quarterly report card on the achievement of the
2.11child in each subject area required in section 120A.22, subdivision 9.
2.12EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
2.13later.

2.14    Sec. 3. Minnesota Statutes 2010, section 124D.03, subdivision 12, is amended to read:
2.15    Subd. 12. Termination of enrollment. A district may terminate the enrollment
2.16of a nonresident student enrolled under this section or section 124D.08 at the end of a
2.17school year if the student meets the definition of a habitual truant under section 260C.007,
2.18subdivision 19
, the student has been provided appropriate services under chapter 260A,
2.19and the student's case has been referred to juvenile court. A district may also terminate the
2.20enrollment of a nonresident student over the age of 16 18 enrolled under this section if
2.21the student is absent without lawful excuse for one or more periods on 15 school days
2.22and has not lawfully withdrawn from school under section 120A.22, subdivision 8.
2.23EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
2.24later.

2.25    Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 19, is amended to read:
2.26    Subd. 19. Habitual truant. "Habitual truant" means a child under the age of 16
2.2718 years who is absent from attendance at school without lawful excuse for seven school
2.28days per school year if the child is in elementary school or for one or more class periods
2.29on seven school days per school year if the child is in middle school, junior high school,
2.30or high school, or a child who is 16 or 17 years of age who is absent from attendance at
2.31school without lawful excuse for one or more class periods on seven school days and who
2.32has not lawfully withdrawn from school under section 120A.22, subdivision 8.
3.1EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.2later.

3.3    Sec. 5. Minnesota Statutes 2010, section 260C.143, subdivision 4, is amended to read:
3.4    Subd. 4. Truant. When a peace officer or probation officer has probable cause to
3.5believe that a child is absent from school without lawful excuse, consistent with section
3.6120A.22, subdivisions subdivision 5 and 8 , the officer may:
3.7(1) transport the child to the child's home and deliver the child to the custody of the
3.8child's parent or guardian;
3.9(2) transport the child to the child's school of enrollment and deliver the child to the
3.10custody of a school superintendent or teacher;
3.11(3) transport the child to a truancy service center under section 260A.04, subdivision
3.123
; or
3.13(4) transport the child from the child's home to the child's school of enrollment or to
3.14a truancy service center.
3.15EFFECTIVE DATE.This section is effective for the 2013-2014 school year and
3.16later.

3.17    Sec. 6. REPEALER.
3.18Minnesota Statutes 2010, section 120A.22, subdivision 8, is repealed effective
3.19for the 2013-2014 school year and later.

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