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HF 355

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/24/2011 03:09pm

KEY: stricken = removed, old language. underscored = added, new language.

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Introduction Pdf Posted on 02/03/2011
1st Engrossment Pdf Posted on 02/24/2011

Current Version - 1st Engrossment

1.1A bill for an act
1.2relating to education; reducing mandates for home schools; relieving
1.3superintendents of certain reporting requirements;amending Minnesota Statutes
1.42010, sections 120A.22, subdivision 11; 120A.24; 121A.15, subdivision
1.58; 123B.42, subdivision 1; 123B.44, subdivision 1; 171.05, subdivision 2;
1.6171.17, subdivision 1; 171.22, subdivision 1; 181A.05, subdivision 1; repealing
1.7Minnesota Statutes 2010, section 120A.26, subdivisions 1, 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2010, section 120A.22, subdivision 11, is amended to
1.10read:
1.11    Subd. 11. Assessment of performance. (a) Each year the performance of
1.12every child who is not enrolled in a public school must be assessed using a nationally
1.13norm-referenced standardized achievement examination. The superintendent of the
1.14district in which the child receives instruction and the person in charge of the child's
1.15instruction must agree about the specific examination to be used and the administration
1.16and location of the examination or a nationally recognized college entrance exam.
1.17(b) To the extent the examination in paragraph (a) does not provide assessment in
1.18all of the subject areas in subdivision 9, the parent must assess the child's performance
1.19in the applicable subject area. This requirement applies only to a parent who provides
1.20instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
1.21(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
1.22child's performance on the total battery score is at or below the 30th percentile or one
1.23grade level below the performance level for children of the same age, the parent must
1.24obtain additional evaluation of the child's abilities and performance for the purpose of
1.25determining whether the child has learning problems.
2.1(d) (b) A child receiving instruction from a nonpublic school, person, or institution
2.2that is accredited by an accrediting agency, recognized according to section 123B.445, or
2.3recognized by the commissioner, is exempt from the requirements of this subdivision.

2.4    Sec. 2. Minnesota Statutes 2010, section 120A.24, is amended to read:
2.5120A.24 REPORTING.
2.6    Subdivision 1. Reports to superintendent. (a) The person in charge of providing
2.7instruction to a child must submit the following information to the superintendent of the
2.8district in which the child resides the name, birth date, and address of the child; the annual
2.9tests intended to be used under section 120A.22, subdivision 11, if required; the name of
2.10each instructor; and evidence of compliance with one of the requirements specified in
2.11section 120A.22, subdivision 10:
2.12(1) by October 1 of each the first school year, the name, birth date, and address
2.13of each child receiving instruction the child receives instruction after reaching the age
2.14of seven;
2.15(2) the name of each instructor and evidence of compliance with one of the
2.16requirements specified in section 120A.22, subdivision 10;
2.17(3) an annual instructional calendar; and
2.18(4) for each child instructed by a parent who meets only the requirement of section
2.19120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
2.20child in each subject area required in section 120A.22, subdivision 9.
2.21(2) within 15 days of when a parent withdraws a child from public school after
2.22age seven to homeschool;
2.23(3) within 15 days of moving out of a district; and
2.24(4) by October 1 after a new resident district is established.
2.25(b) The person in charge of providing instruction to a child between the ages of
2.26seven and 16 must submit, by October 1 of each school year, a letter of intent to continue
2.27to provide instruction under this section for all students under the person's supervision and
2.28any changes to the information required in paragraph (a) for each student.
2.29(c) The superintendent may collect the required information under this section
2.30through an electronic or Web-based format, but must not require electronic submission
2.31of information under this section from the person in charge of reporting under this
2.32subdivision.
2.33    Subd. 2. Availability of documentation. (a) The person in charge of providing
2.34instruction to a child must make available maintain documentation indicating that the
2.35subjects required in section 120A.22, subdivision 9, are being taught and proof that the
3.1tests under section 120A.22, subdivision 11, have been administered. This documentation
3.2must include class schedules, copies of materials used for instruction, and descriptions of
3.3methods used to assess student achievement.
3.4(b) The parent of a child who enrolls full time in public school after having been
3.5enrolled in a home school under section 120A.22, subdivision 6, must provide the
3.6enrolling public school or school district with the child's scores on any tests administered
3.7to the child under section 120A.22, subdivision 11, and other education-related documents
3.8the enrolling school or district requires to determine where the child is placed in school
3.9and what course requirements apply. This paragraph does not apply to a shared time
3.10student who does not seek a public school diploma.
3.11(c) The person in charge of providing instruction to a child must make the
3.12documentation in this subdivision available to the county attorney when a case is
3.13commenced under section 120A.26, subdivision 5; chapter 260C; or when diverted under
3.14chapter 260A.
3.15    Subd. 3. Exemptions. A nonpublic school, person, or other institution that is
3.16accredited by an accrediting agency, recognized according to section 123B.445, or
3.17recognized by the commissioner, is exempt from the requirements in subdivisions 1 and
3.18subdivision 2, except for the requirement in subdivision 1, clause (1).
3.19    Subd. 4. Reports to the state. A superintendent must make an annual report to the
3.20commissioner of education by December 1 of the total number of nonpublic children
3.21reported as residing in the district. The report must include the following information:
3.22(1) the number of children residing in the district attending nonpublic schools or
3.23receiving instruction from persons or institutions other than a public school;
3.24(2) the number of children in clause (1) who are in compliance with section 120A.22
3.25and this section; and
3.26(3) the number of children in clause (1) who the superintendent has determined are
3.27not in compliance with section 120A.22 and this section.
3.28    Subd. 5. Obligations. Nothing in this section alleviates the obligations under
3.29section 120A.22.

3.30    Sec. 3. Minnesota Statutes 2010, section 121A.15, subdivision 8, is amended to read:
3.31    Subd. 8. Report. The administrator or other person having general control and
3.32supervision of the elementary or secondary school shall file a report with the commissioner
3.33on all persons enrolled in the school. The superintendent of each district shall file a report
3.34with the commissioner for all persons within the district receiving instruction in a home
3.35school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
4.1instruction in a home school shall submit the statements as required by subdivisions 1, 2,
4.23, and 4, and 12 to the superintendent of the district in which the person resides by October
4.31 of each school year the first year of their homeschooling in Minnesota and the grade 7
4.4year. The school report must be prepared on forms developed jointly by the commissioner
4.5of health and the commissioner of education and be distributed to the local districts by the
4.6commissioner of health. The school report must state the number of persons attending the
4.7school, the number of persons who have not been immunized according to subdivision 1 or
4.82, and the number of persons who received an exemption under subdivision 3, clause (c)
4.9or (d). The school report must be filed with the commissioner of education within 60 days
4.10of the commencement of each new school term. Upon request, a district must be given a
4.1160-day extension for filing the school report. The commissioner of education shall forward
4.12the report, or a copy thereof, to the commissioner of health who shall provide summary
4.13reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
4.14or other person having general control and supervision of the child care facility shall file a
4.15report with the commissioner of human services on all persons enrolled in the child care
4.16facility. The child care facility report must be prepared on forms developed jointly by
4.17the commissioner of health and the commissioner of human services and be distributed
4.18to child care facilities by the commissioner of health. The child care facility report
4.19must state the number of persons enrolled in the facility, the number of persons with no
4.20immunizations, the number of persons who received an exemption under subdivision 3,
4.21clause (c) or (d), and the number of persons with partial or full immunization histories.
4.22The child care facility report must be filed with the commissioner of human services by
4.23November 1 of each year. The commissioner of human services shall forward the report,
4.24or a copy thereof, to the commissioner of health who shall provide summary reports to
4.25boards of health as defined in section 145A.02, subdivision 2. The report required by this
4.26subdivision is not required of a family child care or group family child care facility, for
4.27prekindergarten children enrolled in any elementary or secondary school provided services
4.28according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
4.2975 percent of children in the facility participate on a onetime only or occasional basis to a
4.30maximum of 45 hours per child, per month.

4.31    Sec. 4. Minnesota Statutes 2010, section 123B.42, subdivision 1, is amended to read:
4.32    Subdivision 1. Providing education materials and tests. The commissioner of
4.33education shall promulgate rules under the provisions of chapter 14 requiring that in
4.34each school year, based upon formal requests by or on behalf of nonpublic school pupils
4.35in a nonpublic school with enrollment that exceeds 15 students, the local districts or
5.1intermediary service areas must purchase or otherwise acquire textbooks, individualized
5.2instructional or cooperative learning materials, and standardized tests and loan or provide
5.3them for use by children enrolled in that nonpublic school. These textbooks, individualized
5.4instructional or cooperative learning materials, and standardized tests must be loaned or
5.5provided free to the children for the school year for which requested. The loan or provision
5.6of the textbooks, individualized instructional or cooperative learning materials, and
5.7standardized tests shall be subject to rules prescribed by the commissioner of education.

5.8    Sec. 5. Minnesota Statutes 2010, section 123B.44, subdivision 1, is amended to read:
5.9    Subdivision 1. Provided services. The commissioner of education shall promulgate
5.10rules under the provisions of chapter 14 requiring each district or other intermediary
5.11service area: (a) to provide each year upon formal request by a specific date by or on
5.12behalf of a nonpublic school pupil enrolled in a nonpublic school located in that district or
5.13area with a total enrollment of more than 15 pupils, the same specific health services as are
5.14provided for public school pupils by the district where the nonpublic school is located;
5.15and (b) to provide each year upon formal request by a specific date by or on behalf of a
5.16nonpublic school secondary pupil enrolled in a nonpublic school located in that district
5.17or area with a total enrollment of more than 15 pupils, the same specific guidance and
5.18counseling services as are provided for public school secondary pupils by the district
5.19where the nonpublic school is located. The district where the nonpublic school is located
5.20must provide the necessary transportation within the district boundaries between the
5.21nonpublic school and a public school or neutral site for nonpublic school pupils who are
5.22provided pupil support services under this section if the district elects to provide pupil
5.23support services at a site other than the nonpublic school. Each request for pupil support
5.24services must set forth the guidance and counseling or health services requested by or on
5.25behalf of all eligible nonpublic school pupils enrolled in a given nonpublic school. No
5.26district or intermediary service area must not expend an amount for these pupil support
5.27services which exceeds the amount allotted to it under this section.

5.28    Sec. 6. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:
5.29    Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision
5.30in subdivision 1 to the contrary, the department may issue an instruction permit to an
5.31applicant who is 15, 16, or 17 years of age and who:
5.32(1) has completed a course of driver education in another state, has a previously
5.33issued valid license from another state, or is enrolled in either:
6.1(i) a public, private, or commercial driver education program that is approved by
6.2the commissioner of public safety and that includes classroom and behind-the-wheel
6.3training; or
6.4(ii) an approved behind-the-wheel driver education program when the student is
6.5receiving full-time instruction in a home school within the meaning of sections 120A.22
6.6and 120A.24, the student is working toward a homeschool diploma, the student's status
6.7as a homeschool student has been certified by the superintendent of the school district in
6.8which the student resides, and the student is taking home-classroom driver training with
6.9classroom materials approved by the commissioner of public safety, and the student's
6.10parent has certified the student's homeschool and home-classroom driver training status on
6.11the form approved by the commissioner;
6.12(2) has completed the classroom phase of instruction in the driver education program;
6.13(3) has passed a test of the applicant's eyesight;
6.14(4) has passed a department-administered test of the applicant's knowledge of traffic
6.15laws;
6.16(5) has completed the required application, which must be approved by (i) either
6.17parent when both reside in the same household as the minor applicant or, if otherwise,
6.18then (ii) the parent or spouse of the parent having custody or, in the event there is no
6.19court order for custody, then (iii) the parent or spouse of the parent with whom the minor
6.20is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
6.21minor, (v) the foster parent or the director of the transitional living program in which the
6.22child resides or, in the event a person under the age of 18 has no living father, mother,
6.23or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's
6.24adult spouse, adult close family member, or adult employer; provided, that the approval
6.25required by this clause contains a verification of the age of the applicant and the identity of
6.26the parent, guardian, adult spouse, adult close family member, or adult employer; and
6.27(6) has paid the fee required in section 171.06, subdivision 2.
6.28(b) For the purposes of determining compliance with the certification of paragraph
6.29(a), clause (1), item (ii), the commissioner may request verification of a student's
6.30homeschool status from the superintendent of the school district in which the student
6.31resides and the superintendent shall provide that verification.
6.32(c) The instruction permit is valid for two years from the date of application and
6.33may be renewed upon payment of a fee equal to the fee for issuance of an instruction
6.34permit under section 171.06, subdivision 2.

6.35    Sec. 7. Minnesota Statutes 2010, section 171.17, subdivision 1, is amended to read:
7.1    Subdivision 1. Offenses. (a) The department shall immediately revoke the license
7.2of a driver upon receiving a record of the driver's conviction of:
7.3(1) manslaughter resulting from the operation of a motor vehicle or criminal
7.4vehicular homicide or injury under section 609.21;
7.5(2) a violation of section 169A.20 or 609.487;
7.6(3) a felony in the commission of which a motor vehicle was used;
7.7(4) failure to stop and disclose identity and render aid, as required under section
7.8169.09 , in the event of a motor vehicle accident, resulting in the death or personal injury
7.9of another;
7.10(5) perjury or the making of a false affidavit or statement to the department under
7.11any law relating to the application, ownership, or operation of a motor vehicle, including
7.12on the certification required under section 171.05, subdivision 2, paragraph (a), clause (1),
7.13item (ii), to issue an instruction permit to a homeschool student;
7.14(6) except as this section otherwise provides, three charges of violating within a
7.15period of 12 months any of the provisions of chapter 169 or of the rules or municipal
7.16ordinances enacted in conformance with chapter 169, for which the accused may be
7.17punished upon conviction by imprisonment;
7.18(7) two or more violations, within five years, of the misdemeanor offense described
7.19in section 169.444, subdivision 2, paragraph (a);
7.20(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
7.21paragraph (b);
7.22(9) an offense in another state that, if committed in this state, would be grounds for
7.23revoking the driver's license; or
7.24(10) a violation of an applicable speed limit by a person driving in excess of 100
7.25miles per hour. The person's license must be revoked for six months for a violation of
7.26this clause, or for a longer minimum period of time applicable under section 169A.53,
7.27169A.54 , or 171.174.
7.28(b) The department shall immediately revoke the school bus endorsement of a driver
7.29upon receiving a record of the driver's conviction of the misdemeanor offense described in
7.30section 169.443, subdivision 7.

7.31    Sec. 8. Minnesota Statutes 2010, section 171.22, subdivision 1, is amended to read:
7.32    Subdivision 1. Violations. With regard to any driver's license, including a
7.33commercial driver's license, it shall be unlawful for any person:
7.34(1) to display, cause or permit to be displayed, or have in possession, any fictitious
7.35or fraudulently altered driver's license or Minnesota identification card;
8.1(2) to lend the person's driver's license or Minnesota identification card to any other
8.2person or knowingly permit the use thereof by another;
8.3(3) to display or represent as one's own any driver's license or Minnesota
8.4identification card not issued to that person;
8.5(4) to use a fictitious name or date of birth to any police officer or in any application
8.6for a driver's license or Minnesota identification card, or to knowingly make a false
8.7statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
8.8such application;
8.9(5) to alter any driver's license or Minnesota identification card;
8.10(6) to take any part of the driver's license examination for another or to permit
8.11another to take the examination for that person;
8.12(7) to make a counterfeit driver's license or Minnesota identification card;
8.13(8) to use the name and date of birth of another person to any police officer for the
8.14purpose of falsely identifying oneself to the police officer; or
8.15(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
8.16license. A person whose driving privileges have been withdrawn may display a driver's
8.17license only for identification purposes; or
8.18(10) to submit a false affidavit or statement to the department on the certification
8.19required under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue
8.20an instruction permit to a homeschool student.

8.21    Sec. 9. Minnesota Statutes 2010, section 181A.05, subdivision 1, is amended to read:
8.22    Subdivision 1. When issued. Any minor 14 or 15 years of age who wishes to work
8.23on school days during school hours shall first secure an employment certificate. The
8.24certificate shall be issued only by the school district superintendent, the superintendent's
8.25agent, or some other person designated by the Board of Education, or by the person in
8.26charge of providing instruction for students enrolled in nonpublic schools as defined in
8.27section 120A.22, subdivision 4. The employment certificate shall be issued only for
8.28a specific position with a designated employer and shall be issued only in the following
8.29circumstances:
8.30(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
8.31under section 181A.09 and as evidence thereof presents a signed statement from the
8.32prospective employer; and
8.33(2) if the parent or guardian of the minor consents to the employment; and
9.1(3) if the issuing officer believes the minor is physically capable of handling the job
9.2in question and further believes the best interests of the minor will be served by permitting
9.3the minor to work.

9.4    Sec. 10. REPEALER.
9.5Minnesota Statutes 2010, section 120A.26, subdivisions 1 and 2, are repealed.

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