HF 1018

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; allowing a school district to
terminate the enrollment of a nonresident enrollment
options student during the school year; amending
Minnesota Statutes 2004, sections 124D.03, subdivision
12; 260C.143, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, 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 deleted text begin at the end of a school year deleted text end 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. new text begin The district, at its
discretion, may terminate the nonresident student's enrollment
either during the school year and transfer or return the student
to the student's resident school district notwithstanding
subdivision 3, or at the end of the school year. new text end A district may
also terminate the enrollment of a nonresident student over the
age of 16 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and has not lawfully withdrawn from school under section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 EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2004, section 260C.143,
subdivision 1, is amended to read:

Subdivision 1.

Notice.

When a peace officer, or
attendance officer in the case of a habitual truant, has
probable cause to believe that a child is in need of protection
or services under section 260C.007, subdivision 6, clause (13)
or (14), the officer may issue a notice to the child to appear
in juvenile court in the county in which the child is found or
in the county of the child's residence. new text begin An attendance officer
must issue the notice to the child to appear in the county of
the child's residence if the child's enrollment is terminated
during the school year under section 124D.03, subdivision 12.
new text end If there is a school attendance review board or county attorney
mediation program operating in the child's school district, a
notice to appear in juvenile court for a habitual truant may not
be issued until the applicable procedures under section 260A.06
or 260A.07 have been followed. The officer shall file a copy of
the notice to appear with the juvenile court of the appropriate
county. If a child fails to appear in response to the notice,
the court may issue a summons notifying the child of the nature
of the offense alleged and the time and place set for the
hearing. If the peace officer finds it necessary to take the
child into custody, sections 260C.175 and 260C.176 shall apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005.
new text end