HF 1037

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to education; reducing mandates for home schools; amending Minnesota
Statutes 2008, sections 120A.22, subdivisions 6, 11; 120A.24; 120A.26,
subdivisions 3, 4, 5; 121A.15, subdivisions 3, 8; 123B.42, subdivision 1; 171.05,
subdivision 2; 181A.05, subdivision 1; repealing Minnesota Statutes 2008,
section 120A.26, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 120A.22, subdivision 6, is amended to
read:

Subd. 6.

Children under seven.

(a) Once a pupil under the age of seven is enrolled
in deleted text begin kindergarten deleted text end new text begin first grade new text end or a higher grade in a public school, the pupil is subject to the
compulsory attendance provisions of this chapter and section 120A.34, unless the board of
the district in which the pupil is enrolled has a policy that exempts children under seven
from this subdivision new text begin or paragraph (b) applies new text end .

(b) deleted text begin In a district in which children under seven are subject to compulsory attendance
under deleted text end This subdivision deleted text begin , paragraphs (c) to (e) deleted text end new text begin does not new text end apply new text begin to:
new text end

new text begin (1) a kindergartner under age seven whose parent withdraws the child after notifying
the district; or
new text end

new text begin (2) a child under age seven enrolled in first grade whose parent withdraws the child
after notifying the district and enrolls the child in another school under subdivision 4 new text end .

deleted text begin (c) A parent or guardian may withdraw the pupil from enrollment in the school for
good cause by notifying the district. Good cause includes, but is not limited to, enrollment
of the pupil in another school, as defined in subdivision 4, or the immaturity of the child.
deleted text end

deleted text begin (d) When the pupil enrolls, the enrolling official must provide the parent or guardian
who enrolls the pupil with a written explanation of the provisions of this subdivision.
deleted text end

deleted text begin (e) A pupil under the age of seven who is withdrawn from enrollment in the public
school under paragraph (c) is no longer subject to the compulsory attendance provisions
of this chapter.
deleted text end

deleted text begin (f) deleted text end new text begin (c) new text end In a district that had adopted a policy to exempt children under seven from
this subdivision, the district's chief attendance officer must keep the truancy enforcement
authorities supplied with a copy of the board's current policy certified by the clerk of
the board.

Sec. 2.

Minnesota Statutes 2008, section 120A.22, subdivision 11, is amended to read:

Subd. 11.

Assessment of performance.

(a) Each year the performance of
every child who is not enrolled in a public school must be assessed using a nationally
norm-referenced standardized achievement examination deleted text begin . The superintendent of the
district in which the child receives instruction and the person in charge of the child's
instruction must agree about the specific examination to be used and the administration
and location of the examination deleted text end new text begin or a nationally recognized college entrance exam new text end .

deleted text begin (b) To the extent the examination in paragraph (a) does not provide assessment in
all of the subject areas in subdivision 9, the parent must assess the child's performance
in the applicable subject area. This requirement applies only to a parent who provides
instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
deleted text end

deleted text begin (c) If the results of the assessments in paragraphs (a) and (b) indicate that the
child's performance on the total battery score is at or below the 30th percentile or one
grade level below the performance level for children of the same age, the parent must
obtain additional evaluation of the child's abilities and performance for the purpose of
determining whether the child has learning problems.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end A child receiving instruction from a nonpublic school, person, or institution
that is accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements of this subdivision.

Sec. 3.

Minnesota Statutes 2008, section 120A.24, is amended to read:

120A.24 REPORTING.

Subdivision 1.

Reports to superintendent.

The person in charge of providing
instruction to a child must submit deleted text begin the following information deleted text end to the superintendent of the
district in which the child resides new text begin the name, birth date, and address of the child; the name
of each instructor; and evidence of compliance with one of the requirements specified in
section 120A.22, subdivision 10 new text end :

(1) by October 1 of deleted text begin each deleted text end new text begin the first new text end school year deleted text begin , the name, birth date, and address of
each child receiving instruction deleted text end new text begin the child receives instruction after age seven new text end ;

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

deleted text begin (3) an annual instructional calendar; and
deleted text end

deleted text begin (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.
deleted text end

new text begin (2) within 15 days of when a parent withdraws a child from public school after
age seven to home school;
new text end

new text begin (3) within 15 days of moving out of a district; and
new text end

new text begin (4) by October 1 after a new resident district is established.
new text end

Subd. 2.

Availability of documentation.

The person in charge of providing
instruction to a child must deleted text begin make available deleted text end new text begin maintain new text end documentation indicating that the
subjects required in section 120A.22, subdivision 9, are being taught new text begin and proof that the
tests under section 120A.22, subdivision 11, have been administered new text end . This documentation
must include class schedules, copies of materials used for instruction, and descriptions of
methods used to assess student achievement.

Subd. 3.

Exemptions.

A nonpublic school, person, or other institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or
recognized by the commissioner, is exempt from the requirements in deleted text begin subdivisions 1 and deleted text end new text begin
subdivision new text end 2 deleted text begin , except for the requirement in subdivision 1, clause (1) deleted text end .

Subd. 4.

Reports to the state.

A superintendent must make an annual report to the
commissioner of education new text begin by December 1 of the number of children reported pursuant to
subdivision 1 new text end . deleted text begin The report must include the following information:
deleted text end

deleted text begin (1) the number of children residing in the district attending nonpublic schools or
receiving instruction from persons or institutions other than a public school;
deleted text end

deleted text begin (2) the number of children in clause (1) who are in compliance with section 120A.22
and this section; and
deleted text end

deleted text begin (3) the number of children in clause (1) who the superintendent has determined are
not in compliance with section 120A.22 and this section.
deleted text end

Sec. 4.

Minnesota Statutes 2008, section 120A.26, subdivision 3, is amended to read:

Subd. 3.

Notice to parents.

The deleted text begin superintendent deleted text end new text begin county attorney in the county
in which the alleged violations have occurred new text end must notify new text begin the person who is providing
instruction to a child and new text end the parent, in writing, if new text begin there is probable cause to believe that new text end a
child is deleted text begin alleged to be deleted text end new text begin not new text end receiving instruction in deleted text begin violation of deleted text end new text begin compliance with new text end sections
120A.22 and 120A.24. The deleted text begin written deleted text end notification must include deleted text begin a list of deleted text end the specific alleged
violations new text begin and factual basis for them new text end .

Sec. 5.

Minnesota Statutes 2008, section 120A.26, subdivision 4, is amended to read:

Subd. 4.

Fact-finding and mediation.

If the specified alleged violations of the
compulsory attendance requirements are not corrected within 15 days of receipt of the
written notification, the deleted text begin superintendent deleted text end new text begin alleged violations new text end must deleted text begin request deleted text end new text begin be submitted for new text end
fact-finding and mediation services from the commissioner.

Sec. 6.

Minnesota Statutes 2008, section 120A.26, subdivision 5, is amended to read:

Subd. 5.

Notice to county attorney.

If the alleged violations are not corrected
through the fact-finding and mediation process under subdivision 4, the deleted text begin superintendent deleted text end new text begin
commissioner or the commissioner's designee new text end must notify the county attorney of
the alleged violations new text begin that merit consideration for prosecution new text end . The deleted text begin superintendent deleted text end new text begin
commissioner or the commissioner's designee new text end must notify new text begin the person who is providing
instruction to a child and new text end the parents, by certified mail, of deleted text begin the superintendent's intent to
notify the county attorney of the deleted text end new text begin what specific new text end alleged violations new text begin merit consideration
for prosecution new text end .

Sec. 7.

Minnesota Statutes 2008, section 121A.15, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunizations.

(a) If a person is at least seven years
old and has not been immunized against pertussis, the person must not be required to
be immunized against pertussis.

(b) If a person is at least 18 years old and has not completed a series of
immunizations against poliomyelitis, the person must not be required to be immunized
against poliomyelitis.

(c) If a statement, signed by a physician, is submitted to the administrator or
other person having general control and supervision of the school or child care facility
stating that an immunization is contraindicated for medical reasons or that laboratory
confirmation of the presence of adequate immunity exists, the immunization specified in
the statement need not be required.

(d) If a notarized statement signed by the minor child's parent or guardian or by the
emancipated person is submitted to the administrator or other person having general
control and supervision of the school or child care facility stating that the person has
not been immunized as prescribed in subdivision 1 because of the conscientiously held
beliefs of the parent or guardian of the minor child or of the emancipated person, the
immunizations specified in the statement shall not be required. This statement must also
be forwarded to the commissioner of the Department of Health.

(e) If the person is under 15 months, the person is not required to be immunized
against measles, rubella, or mumps.

(f) If a person is at least five years old and has not been immunized against
haemophilus influenza type b, the person is not required to be immunized against
haemophilus influenza type b.

(g) If a person deleted text begin who is not a Minnesota resident enrolls deleted text end new text begin is educated at home or is
enrolled new text end in a Minnesota school online learning course or program that delivers instruction
to the person only by computer and does not provide any teacher or instructor contact time
or require classroom attendance, the person is not subject to the immunization, statement,
and other requirements of this section. new text begin If a person educated at home or enrolled in a
Minnesota school online learning course or program enrolls in a Minnesota elementary
or secondary school course or participates in extracurricular or cocurricular activities
within the school, that person shall file an immunization record that shall be maintained
by the school pursuant to subdivision 7.
new text end

Sec. 8.

Minnesota Statutes 2008, section 121A.15, subdivision 8, is amended to read:

Subd. 8.

Report.

The administrator or other person having general control and
supervision of the elementary or secondary school shall file a report with the commissioner
on all persons deleted text begin enrolled in deleted text end new text begin for whom new text end the school new text begin maintains immunization records on file new text end .
deleted text begin The superintendent of each district shall file a report with the commissioner for all persons
within the district receiving instruction in a home school in compliance with sections
120A.22 and 120A.24. The parent of persons receiving instruction in a home school shall
submit the statements as required by subdivisions 1, 2, 3, and 4 to the superintendent of
the district in which the person resides by October 1 of each school year. deleted text end The school
report must be prepared on forms developed jointly by the commissioner of health and the
commissioner of education and be distributed to the local districts by the commissioner
of health. The school report must state the number of persons attending the school, the
number of persons who have not been immunized according to subdivision 1 or 2, and
the number of persons who received an exemption under subdivision 3, clause (c) or (d).
The school report must be filed with the commissioner of education within 60 days of the
commencement of each new school term. Upon request, a district must be given a 60-day
extension for filing the school report. The commissioner of education shall forward the
report, or a copy thereof, to the commissioner of health who shall provide summary
reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
or other person having general control and supervision of the child care facility shall file a
report with the commissioner of human services on all persons enrolled in the child care
facility. The child care facility report must be prepared on forms developed jointly by
the commissioner of health and the commissioner of human services and be distributed
to child care facilities by the commissioner of health. The child care facility report
must state the number of persons enrolled in the facility, the number of persons with no
immunizations, the number of persons who received an exemption under subdivision 3,
clause (c) or (d), and the number of persons with partial or full immunization histories.
The child care facility report must be filed with the commissioner of human services by
November 1 of each year. The commissioner of human services shall forward the report,
or a copy thereof, to the commissioner of health who shall provide summary reports to
boards of health as defined in section 145A.02, subdivision 2. The report required by this
subdivision is not required of a family child care or group family child care facility, for
prekindergarten children enrolled in any elementary or secondary school provided services
according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
75 percent of children in the facility participate on a onetime only or occasional basis to a
maximum of 45 hours per child, per month.

Sec. 9.

Minnesota Statutes 2008, section 123B.42, subdivision 1, is amended to read:

Subdivision 1.

Providing education materials and tests.

The commissioner of
education shall promulgate rules under the provisions of chapter 14 requiring that in
each school year, based upon formal requests by or on behalf of nonpublic school pupils
in a nonpublic school new text begin with enrollment that exceeds 15 students new text end , the local districts or
intermediary service areas must purchase or otherwise acquire textbooks, individualized
instructional or cooperative learning materials, and standardized tests and loan or provide
them for use by children enrolled in that nonpublic school. These textbooks, individualized
instructional or cooperative learning materials, and standardized tests must be loaned or
provided free to the children for the school year for which requested. The loan or provision
of the textbooks, individualized instructional or cooperative learning materials, and
standardized tests shall be subject to rules prescribed by the commissioner of education.

Sec. 10.

Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a) Notwithstanding any provision
in subdivision 1 to the contrary, the department may issue an instruction permit to an
applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously
issued valid license from another state, or is enrolled in either:

(i) a public, private, or commercial driver education program that is approved by
the commissioner of public safety and that includes classroom and behind-the-wheel
training; or

(ii) an approved behind-the-wheel driver education program when the student is
receiving full-time instruction in a home school within the meaning of sections 120A.22
and 120A.24, the student is working toward a homeschool diploma, the student's status
as a homeschool student new text begin presently engaged in home education new text end has been certified by
the deleted text begin superintendent of the school district in which the student resides deleted text end new text begin student's parent
or guardian, the student's parent or guardian complies with the necessary reporting
requirements for providing education instruction of the student on the form prescribed
by the commissioner new text end , and the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety;

(2) has completed the classroom phase of instruction in the driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the applicant's knowledge of traffic
laws;

(5) has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise, then
(ii) the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living
or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer; and

(6) has paid the fee required in section 171.06, subdivision 2.

(b) The instruction permit is valid for two years from the date of application and
may be renewed upon payment of a fee equal to the fee for issuance of an instruction
permit under section 171.06, subdivision 2.

Sec. 11.

Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:

Subdivision 1.

When issued.

Any minor 14 or 15 years of age who wishes to work
on school days during school hours shall first secure an employment certificate. The
certificate shall be issued only by the school district superintendent, the superintendent's
agent, deleted text begin or deleted text end some other person designated by the Board of Education new text begin , or by the person in
charge of providing instruction for students enrolled in nonpublic schools as defined in
section 120A.22, subdivision 4 new text end . The employment certificate shall be issued only for
a specific position with a designated employer and shall be issued only in the following
circumstances:

(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
under section 181A.09 and as evidence thereof presents a signed statement from the
prospective employer; and

(2) if the parent or guardian of the minor consents to the employment; and

(3) if the issuing officer believes the minor is physically capable of handling the job
in question and further believes the best interests of the minor will be served by permitting
the minor to work.

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 120A.26, subdivisions 1 and 2, new text end new text begin are repealed.
new text end