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HF 2794

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 03:25pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; allowing excused absences for students participating
in performing arts; amending Minnesota Statutes 2014, section 120A.22,
subdivision 12.

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

Section 1.

Minnesota Statutes 2014, section 120A.22, subdivision 12, is amended to
read:


Subd. 12.

Legitimate exemptions.

(a) A parent, guardian, or other person
having control of a child may apply to a school district to have the child excused from
attendance for the whole or any part of the time school is in session during any school
year. Application may be made to any member of the board, a truant officer, a principal,
or the superintendent. The school district may state in its school attendance policy that
it may ask the student's parent or legal guardian to verify in writing the reason for
the child's absence from school. A note from a physician or a licensed mental health
professional stating that the child cannot attend school is a valid excuse. The board of the
district in which the child resides may approve the application upon the following being
demonstrated to the satisfaction of that board:

(1) that the child's physical or mental health is such as to prevent attendance at
school or application to study for the period required, which includes:

(i) child illness, medical, dental, orthodontic, or counseling appointments;

(ii) family emergencies;

(iii) the death or serious illness or funeral of an immediate family member;

(iv) active duty in any military branch of the United States;

(v) the child has a condition that requires ongoing treatment for a mental health
diagnosis; or

(vi) other exemptions included in the district's school attendance policy;

(2) that the child has already completed state and district standards required for
graduation from high school; deleted text begin or
deleted text end

(3) that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three
hours in any week, a school for religious instruction conducted and maintained by some
church, or association of churches, or any Sunday school association incorporated under
the laws of this state, or any auxiliary thereof. This school for religious instruction must
be conducted and maintained in a place other than a public school building, and it must
not, in whole or in part, be conducted and maintained at public expense. However, a child
may be absent from school on such days as the child attends upon instruction according to
the ordinances of some churchnew text begin ; or
new text end

new text begin (4) that the child's parent or guardian or other person having control of the child
submits a written request to the district asking that the child be excused from school for
up to five consecutive school days, and up to five times in any one school year, when the
child has agreed to participate in the entertainment or a related industry provided there
is also an agreed-upon plan allowing the child to receive instruction and complete and
receive credit for all coursework and tests the child misses during the child's absences
new text end .

(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child
from an all-day, every day kindergarten program and put their child in a half-day program,
if offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end