HF 304

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to aid to families with dependent children; 
  1.3             specifying school participation requirements for 
  1.4             recipients of assistance; requiring the commissioner 
  1.5             of human services to seek a federal waiver; amending 
  1.6             Minnesota Statutes 1994, section 256.73, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 256.73, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3b.  [SCHOOL ATTENDANCE REQUIRED.] (a) Unless subject 
  1.12  to the provisions of section 256.736, subdivision 3b, every 
  1.13  individual on whose behalf assistance is paid under sections 
  1.14  256.72 to 256.87 must comply with the requirements of this 
  1.15  subdivision, if all of the following apply: 
  1.16     (1) the individual is 13 to 19 years of age; 
  1.17     (2) the individual has not graduated from a public or 
  1.18  private high school or obtained an equivalency high school 
  1.19  degree; 
  1.20     (3) the individual is not excused from attending school; 
  1.21     (4) the individual is a parent or is residing with his or 
  1.22  her natural or adoptive parent; 
  1.23     (5) if the individual is the caretaker of a child, the 
  1.24  child is at least 90 days old; 
  1.25     (6) if child care services are necessary in order for the 
  1.26  individual to attend school, child care is available for the 
  2.1   child and transportation to and from child care is also 
  2.2   available; 
  2.3      (7) the individual is not prohibited from attending school 
  2.4   while an expulsion is pending; 
  2.5      (8) if the individual was expelled from a school, there is 
  2.6   another school available which the individual can attend; 
  2.7      (9) if the individual is 16 to 19 years of age, the school 
  2.8   district does not determine that the individual will fail to 
  2.9   graduate from high school before reaching age 20; and 
  2.10     (10) the individual does not have good cause for failing to 
  2.11  attend school, as defined by the commissioner of human services 
  2.12  in rule. 
  2.13     (b) If an individual required to attend school under 
  2.14  paragraph (a) fails to do so, benefits under sections 256.72 to 
  2.15  256.87 shall not be paid on behalf of that individual for any 
  2.16  period of time that the individual is not in required attendance.
  2.17     (c) The first time an individual is sanctioned under 
  2.18  paragraph (b), if application of the sanction would result in 
  2.19  the family receiving no payment, the commissioner shall make a 
  2.20  payment to meet only the needs of the individual's parent or 
  2.21  parents who would otherwise be eligible for aid, for up to three 
  2.22  months. 
  2.23     (d) The commissioner may require consent to the release of 
  2.24  school attendance records as a condition of eligibility for 
  2.25  assistance. 
  2.26     (e) The commissioner of human services shall request a 
  2.27  waiver from the secretary of the federal Department of Health 
  2.28  and Human Services to permit the application of the school 
  2.29  attendance requirement under this subdivision.  This subdivision 
  2.30  shall not take effect until a federal waiver is received and is 
  2.31  effective.  If a waiver is received, the department shall 
  2.32  implement this subdivision with the fall 1995 school term or on 
  2.33  the date the waiver is effective, whichever is later.