SF 418

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; authorizing special projects 
  1.3             and programs to combat truancy; denying driving 
  1.4             privileges for certain truant students; imposing 
  1.5             parental liability for failure to exercise reasonable 
  1.6             control; requiring the attorney general to report on 
  1.7             the effectiveness of school safety programs; 
  1.8             increasing school levy authority for crime prevention 
  1.9             activities; providing for expulsion of students for 
  1.10            possession of a firearm; providing a fee exception for 
  1.11            school uniforms; requiring criminal history background 
  1.12            checks for teachers and other school district 
  1.13            personnel; clarifying authority to deny teacher 
  1.14            licenses; modifying offender rehabilitation 
  1.15            exceptions; providing for school security; clarifying 
  1.16            access to data; limiting school liability for certain 
  1.17            security measures; establishing grants for school 
  1.18            safety programs; imposing penalties; appropriating 
  1.19            money; amending Minnesota Statutes 1994, sections 
  1.20            120.14; 120.73, by adding a subdivision; 125.05, by 
  1.21            adding a subdivision; 125.09, subdivision 1; 171.04, 
  1.22            subdivision 1; 260.131, by adding a subdivision; 
  1.23            260.132, subdivisions 1 and 4; 260.161, subdivision 3; 
  1.24            260.191, subdivision 1; 364.09; 466.03, by adding a 
  1.25            subdivision; and 609.605, subdivision 4; proposing 
  1.26            coding for new law in Minnesota Statutes, chapters 8; 
  1.27            123; and 127; proposing coding for new law as 
  1.28            Minnesota Statutes, chapter 260A; repealing Minnesota 
  1.29            Statutes 1994, section 126.25; and Laws 1994, chapter 
  1.30            576, section 1. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32                             ARTICLE 1
  1.33                              TRUANCY
  1.34     Section 1.  Minnesota Statutes 1994, section 120.14, is 
  1.35  amended to read: 
  1.36     120.14 [ATTENDANCE OFFICERS.] 
  1.37     The board of any district may authorize the employment of 
  1.38  attendance officers, who shall investigate truancy or 
  2.1   nonattendance at school, make complaints, serve notice and 
  2.2   process, and attend to the enforcement of all laws and district 
  2.3   rules regarding school attendance.  When any attendance officer 
  2.4   learns of any case of habitual truancy or continued 
  2.5   nonattendance of any child required to attend school the officer 
  2.6   shall immediately notify the person having control of such child 
  2.7   to forthwith send to and keep the child in school.  The 
  2.8   attendance officer or designee shall send or convey the notice 
  2.9   required by section 260A.03 for a child who is a continuing 
  2.10  truant.  The officer shall act under the general supervision of 
  2.11  the district superintendent. 
  2.12     Sec. 2.  Minnesota Statutes 1994, section 171.04, 
  2.13  subdivision 1, is amended to read: 
  2.14     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
  2.15  shall not issue a driver's license hereunder: 
  2.16     (1) To any person who is under the age of 16 years; to any 
  2.17  person under 18 years unless such person shall have successfully 
  2.18  completed a course in driver education, including both classroom 
  2.19  and behind-the-wheel instruction, approved by the state board of 
  2.20  education for courses offered through the public schools, or, in 
  2.21  the case of a course offered by a private, commercial driver 
  2.22  education school or institute, by the department of public 
  2.23  safety; except when such person has completed a course of driver 
  2.24  education in another state or has a previously issued valid 
  2.25  license from another state or country; nor to any person under 
  2.26  18 years unless the application of license is approved by either 
  2.27  parent when both reside in the same household as the minor 
  2.28  applicant, otherwise the parent or spouse of the parent having 
  2.29  custody or with whom the minor is living in the event there is 
  2.30  no court order for custody, or guardian having the custody of 
  2.31  such minor, or in the event a person under the age of 18 has no 
  2.32  living father, mother or guardian, the license shall not be 
  2.33  issued to such person unless the application therefor is 
  2.34  approved by the person's employer.  Driver education courses 
  2.35  offered in any public school shall be open for enrollment to 
  2.36  persons between the ages of 15 and 18 years residing in the 
  3.1   school district or attending school therein.  Any public school 
  3.2   offering driver education courses may charge an enrollment fee 
  3.3   for the driver education course which shall not exceed the 
  3.4   actual cost thereof to the public school and the school 
  3.5   district.  The approval required herein shall contain a 
  3.6   verification of the age of the applicant; 
  3.7      (2) To any person whose license has been suspended during 
  3.8   the period of suspension except that a suspended license may be 
  3.9   reinstated during the period of suspension upon the licensee 
  3.10  furnishing proof of financial responsibility in the same manner 
  3.11  as provided in the Minnesota no-fault automobile insurance act; 
  3.12     (3) To any person whose license has been revoked except 
  3.13  upon furnishing proof of financial responsibility in the same 
  3.14  manner as provided in the Minnesota no-fault automobile 
  3.15  insurance act and if otherwise qualified; 
  3.16     (4) To any person who is a drug dependent person as defined 
  3.17  in section 254A.02, subdivision 5; 
  3.18     (5) To any person who has been adjudged legally incompetent 
  3.19  by reason of mental illness, mental deficiency, or inebriation, 
  3.20  and has not been restored to capacity, unless the department is 
  3.21  satisfied that such person is competent to operate a motor 
  3.22  vehicle with safety to persons or property; 
  3.23     (6) To any person who is required by this chapter to take 
  3.24  an examination, unless such person shall have successfully 
  3.25  passed such examination; 
  3.26     (7) To any person who is required under the provisions of 
  3.27  the Minnesota no-fault automobile insurance act of this state to 
  3.28  deposit proof of financial responsibility and who has not 
  3.29  deposited such proof; 
  3.30     (8) To any person when the commissioner has good cause to 
  3.31  believe that the operation of a motor vehicle on the highways by 
  3.32  such person would be inimical to public safety or welfare; 
  3.33     (9) To any person when, in the opinion of the commissioner, 
  3.34  such person is afflicted with or suffering from such physical or 
  3.35  mental disability or disease as will affect such person in a 
  3.36  manner to prevent the person from exercising reasonable and 
  4.1   ordinary control over a motor vehicle while operating the same 
  4.2   upon the highways; nor to a person who is unable to read and 
  4.3   understand official signs regulating, warning, and directing 
  4.4   traffic; 
  4.5      (10) To a child for whom a court has ordered denial of 
  4.6   driving privileges under section 260.191, subdivision 1, or 
  4.7   260.195, subdivision 3a, until the period of denial is 
  4.8   completed; or 
  4.9      (11) To any person whose license has been canceled, during 
  4.10  the period of cancellation. 
  4.11     Sec. 3.  Minnesota Statutes 1994, section 260.131, is 
  4.12  amended by adding a subdivision to read: 
  4.13     Subd. 1b.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
  4.14  HABITUAL TRUANT.] If there is a county attorney mediation 
  4.15  program operating in the child's school district, a petition 
  4.16  alleging that a child is in need of protection or services as a 
  4.17  habitual truant under section 260.015, subdivision 2a, clause 
  4.18  (2), may not be filed until the applicable procedures under 
  4.19  section 260A.05 have been exhausted. 
  4.20     Sec. 4.  Minnesota Statutes 1994, section 260.132, 
  4.21  subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [NOTICE.] When a peace officer, or 
  4.23  attendance officer in the case of a habitual truant, has 
  4.24  probable cause to believe that a child: 
  4.25     (1) is in need of protection or services under section 
  4.26  260.015, subdivision 2a, clause (11) or (12); 
  4.27     (2) is a juvenile petty offender; or 
  4.28     (3) has committed a delinquent act that would be a petty 
  4.29  misdemeanor or misdemeanor if committed by an adult; 
  4.30  the officer may issue a notice to the child to appear in 
  4.31  juvenile court in the county in which the child is found or in 
  4.32  the county of the child's residence or, in the case of a 
  4.33  juvenile petty offense, or a petty misdemeanor or misdemeanor 
  4.34  delinquent act, the county in which the offense was committed.  
  4.35  If there is a county attorney mediation program operating in the 
  4.36  child's school district, a notice to appear in juvenile court 
  5.1   for a habitual truant may not be issued until the applicable 
  5.2   procedures under section 260A.05 have been exhausted.  The 
  5.3   officer shall file a copy of the notice to appear with the 
  5.4   juvenile court of the appropriate county.  If a child fails to 
  5.5   appear in response to the notice, the court may issue a summons 
  5.6   notifying the child of the nature of the offense alleged and the 
  5.7   time and place set for the hearing.  If the peace officer finds 
  5.8   it necessary to take the child into custody, sections 260.165 
  5.9   and 260.171 shall apply. 
  5.10     Sec. 5.  Minnesota Statutes 1994, section 260.132, 
  5.11  subdivision 4, is amended to read: 
  5.12     Subd. 4.  [TRUANT.] When a peace officer or probation 
  5.13  officer has probable cause to believe that a child is currently 
  5.14  under age 16 and absent from school without lawful excuse, the 
  5.15  officer may transport the child to the child's home and deliver 
  5.16  the child to the custody of the child's parent or guardian, 
  5.17  transport the child to the child's school of enrollment and 
  5.18  deliver the child to the custody of a school superintendent or 
  5.19  teacher or transport the child to a truancy service center under 
  5.20  section 260A.04, subdivision 3.  For purposes of this 
  5.21  subdivision, a truancy service center is a facility that 
  5.22  receives truant students from peace officers or probation 
  5.23  officers and takes appropriate action including one or more of 
  5.24  the following: 
  5.25     (1) assessing the truant's attendance situation; 
  5.26     (2) assisting in coordinating intervention efforts where 
  5.27  appropriate; 
  5.28     (3) contacting the parents or legal guardian of the truant 
  5.29  and releasing the truant to the custody of the parent or 
  5.30  guardian; and 
  5.31     (4) facilitating the truant's earliest possible return to 
  5.32  school. 
  5.33     Sec. 6.  Minnesota Statutes 1994, section 260.191, 
  5.34  subdivision 1, is amended to read: 
  5.35     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
  5.36  the child is in need of protection or services or neglected and 
  6.1   in foster care, it shall enter an order making any of the 
  6.2   following dispositions of the case: 
  6.3      (1) place the child under the protective supervision of the 
  6.4   local social services agency or child-placing agency in the 
  6.5   child's own home under conditions prescribed by the court 
  6.6   directed to the correction of the child's need for protection or 
  6.7   services; 
  6.8      (2) transfer legal custody to one of the following: 
  6.9      (i) a child-placing agency; or 
  6.10     (ii) the local social services agency. 
  6.11     In placing a child whose custody has been transferred under 
  6.12  this paragraph, the agencies shall follow the order of 
  6.13  preference stated in section 260.181, subdivision 3; 
  6.14     (3) if the child is in need of special treatment and care 
  6.15  for reasons of physical or mental health, the court may order 
  6.16  the child's parent, guardian, or custodian to provide it.  If 
  6.17  the parent, guardian, or custodian fails or is unable to provide 
  6.18  this treatment or care, the court may order it provided.  The 
  6.19  court shall not transfer legal custody of the child for the 
  6.20  purpose of obtaining special treatment or care solely because 
  6.21  the parent is unable to provide the treatment or care.  If the 
  6.22  court's order for mental health treatment is based on a 
  6.23  diagnosis made by a treatment professional, the court may order 
  6.24  that the diagnosing professional not provide the treatment to 
  6.25  the child if it finds that such an order is in the child's best 
  6.26  interests; or 
  6.27     (4) if the court believes that the child has sufficient 
  6.28  maturity and judgment and that it is in the best interests of 
  6.29  the child, the court may order a child 16 years old or older to 
  6.30  be allowed to live independently, either alone or with others as 
  6.31  approved by the court under supervision the court considers 
  6.32  appropriate, if the county board, after consultation with the 
  6.33  court, has specifically authorized this dispositional 
  6.34  alternative for a child. 
  6.35     (b) If the child was adjudicated in need of protection or 
  6.36  services because the child is a runaway or habitual truant, the 
  7.1   court may order any of the following dispositions in addition to 
  7.2   or as alternatives to the dispositions authorized under 
  7.3   paragraph (a): 
  7.4      (1) counsel the child or the child's parents, guardian, or 
  7.5   custodian; 
  7.6      (2) place the child under the supervision of a probation 
  7.7   officer or other suitable person in the child's own home under 
  7.8   conditions prescribed by the court, including reasonable rules 
  7.9   for the child's conduct and the conduct of the parents, 
  7.10  guardian, or custodian, designed for the physical, mental, and 
  7.11  moral well-being and behavior of the child; or with the consent 
  7.12  of the commissioner of corrections, place the child in a group 
  7.13  foster care facility which is under the commissioner's 
  7.14  management and supervision; 
  7.15     (3) subject to the court's supervision, transfer legal 
  7.16  custody of the child to one of the following: 
  7.17     (i) a reputable person of good moral character.  No person 
  7.18  may receive custody of two or more unrelated children unless 
  7.19  licensed to operate a residential program under sections 245A.01 
  7.20  to 245A.16; or 
  7.21     (ii) a county probation officer for placement in a group 
  7.22  foster home established under the direction of the juvenile 
  7.23  court and licensed pursuant to section 241.021; 
  7.24     (4) require the child to pay a fine of up to $100.  The 
  7.25  court shall order payment of the fine in a manner that will not 
  7.26  impose undue financial hardship upon the child; 
  7.27     (5) require the child to participate in a community service 
  7.28  project; 
  7.29     (6) order the child to undergo a chemical dependency 
  7.30  evaluation and, if warranted by the evaluation, order 
  7.31  participation by the child in a drug awareness program or an 
  7.32  inpatient or outpatient chemical dependency treatment program; 
  7.33     (7) if the court believes that it is in the best interests 
  7.34  of the child and of public safety that the child's driver's 
  7.35  license or instruction permit be canceled, the court may 
  7.36  recommend to order the commissioner of public safety that to 
  8.1   cancel the child's license be canceled or permit for any period 
  8.2   up to the child's 18th birthday.  If the child does not have a 
  8.3   driver's license or permit, the court may order a denial of 
  8.4   driving privileges for any period up to the child's 18th 
  8.5   birthday.  The court shall forward an order issued under this 
  8.6   clause to the commissioner is authorized to, who shall cancel 
  8.7   the license or permit or deny driving privileges without a 
  8.8   hearing for the period specified by the court.  At any time 
  8.9   before the expiration of the period of cancellation or denial, 
  8.10  the court may, for good cause, recommend to order the 
  8.11  commissioner of public safety that to allow the child be 
  8.12  authorized to apply for a new license or permit, and the 
  8.13  commissioner may shall so authorize; or 
  8.14     (8) order that the child's parent or legal guardian deliver 
  8.15  the child to school at the beginning of each school day for a 
  8.16  period of time specified by the court; or 
  8.17     (9) require the child to perform any other activities or 
  8.18  participate in any other treatment programs deemed appropriate 
  8.19  by the court.  
  8.20     (c) If a child is adjudicated in need of protection or 
  8.21  services because the child is a habitual truant and truancy 
  8.22  procedures involving the child were previously dealt with by a 
  8.23  county attorney mediation program under section 260A.05, the 
  8.24  court shall order a cancellation or denial of driving privileges 
  8.25  under paragraph (b), clause (7), until the child's 18th birthday.
  8.26     Sec. 7.  [260A.01] [TRUANCY PROGRAMS AND SERVICES.] 
  8.27     The programs in this chapter are designed to provide a 
  8.28  continuum of intervention and services to support families and 
  8.29  children in keeping children in school and combating truancy and 
  8.30  educational neglect.  School districts, county attorneys, and 
  8.31  law enforcement may establish the programs and coordinate them 
  8.32  with other community-based truancy services in order to provide 
  8.33  the necessary and most effective intervention for children and 
  8.34  their families.  This continuum of intervention and services 
  8.35  involves progressively intrusive intervention, beginning with 
  8.36  strong service-oriented efforts at the school and community 
  9.1   level and involving the court's authority only when necessary. 
  9.2      Sec. 8.  [260A.02] [DEFINITIONS.] 
  9.3      Subdivision 1.  [SCOPE.] The definition in this section 
  9.4   applies to this chapter. 
  9.5      Subd. 2.  [CONTINUING TRUANT.] "Continuing truant" means a 
  9.6   child who is subject to the compulsory instruction requirements 
  9.7   of section 120.101 and is absent from instruction in a school, 
  9.8   as defined in section 120.05, without valid excuse within a 
  9.9   single school year for: 
  9.10     (1) three days if the child is in elementary school; or 
  9.11     (2) four or more class periods on three days if the child 
  9.12  is in middle school, junior high school, or high school. 
  9.13     A child is not a continuing truant if the child is 
  9.14  withdrawn from school by the child's parents because of a 
  9.15  dispute with the school concerning the provision of special 
  9.16  education services under the Individuals with Disabilities 
  9.17  Education Act or accommodations and modifications under the 
  9.18  Americans with Disabilities Act, if the parent makes good faith 
  9.19  efforts to provide the child educational services from any other 
  9.20  source.  No parent who withdraws a child from school during a 
  9.21  dispute with the school concerning the provision of special 
  9.22  education services or accommodations and modifications is 
  9.23  required to file home school papers, if the parent provides 
  9.24  written notice to the department of education or the district of 
  9.25  the plan for the child's education. 
  9.26     Nothing in this section shall prevent a school district 
  9.27  from notifying a truant child's parent or legal guardian of the 
  9.28  child's truancy or otherwise addressing a child's attendance 
  9.29  problems prior to the child becoming a continuing truant. 
  9.30     Sec. 9.  [260A.03] [NOTICE TO PARENT OR GUARDIAN WHEN CHILD 
  9.31  IS A CONTINUING TRUANT.] 
  9.32     Upon a child's initial classification as a continuing 
  9.33  truant, the school attendance officer or other designated school 
  9.34  official shall notify the child's parent or legal guardian, by 
  9.35  first-class mail or other reasonable means, of the following: 
  9.36     (1) that the child is truant; 
 10.1      (2) that the parent or guardian should notify the school if 
 10.2   there is a valid excuse for the child's absences; 
 10.3      (3) that the parent or guardian is obligated to compel the 
 10.4   attendance of the child at school pursuant to section 120.101 
 10.5   and parents or guardians who fail to meet this obligation may be 
 10.6   subject to prosecution under section 127.20; 
 10.7      (4) that this notification serves as the notification 
 10.8   required by section 127.20; 
 10.9      (5) that alternative educational programs and services may 
 10.10  be available in the district; 
 10.11     (6) that the parent or guardian has the right to meet with 
 10.12  appropriate school personnel to discuss solutions to the child's 
 10.13  truancy; 
 10.14     (7) that if the child continues to be truant, the parent 
 10.15  and child may be subject to juvenile court proceedings under 
 10.16  chapter 260; 
 10.17     (8) that if the child is subject to juvenile court 
 10.18  proceedings, the child may be subject to suspension, 
 10.19  restriction, or delay of the child's driving privilege pursuant 
 10.20  to section 260.191; and 
 10.21     (9) that it is recommended that the parent or guardian 
 10.22  accompany the child to school and attend classes with the child 
 10.23  for one day. 
 10.24     Sec. 10.  [260A.04] [COMMUNITY-BASED TRUANCY PROJECTS AND 
 10.25  SERVICE CENTERS.] 
 10.26     Subdivision 1.  [ESTABLISHMENT.] (a) Community-based 
 10.27  truancy projects and service centers may be established to: 
 10.28     (1) provide for identification of students with school 
 10.29  attendance problems; 
 10.30     (2) facilitate the provision of services geared to address 
 10.31  the underlying issues that are contributing to a student's 
 10.32  truant behavior; and 
 10.33     (3) provide facilities to receive truant students from 
 10.34  peace officers and probation officers. 
 10.35     (b) Truancy projects and service centers may provide any of 
 10.36  these services and shall provide for referral of children and 
 11.1   families to other appropriate programs and services. 
 11.2      Subd. 2.  [COMMUNITY-BASED ACTION PROJECTS.] Schools, 
 11.3   community agencies, law enforcement, parent associations, and 
 11.4   other interested groups may cooperate to provide coordinated 
 11.5   intervention, prevention, and educational services for truant 
 11.6   students and their families.  Services may include: 
 11.7      (1) assessment for underlying issues that are contributing 
 11.8   to the child's truant behavior; 
 11.9      (2) referral to other community-based services for the 
 11.10  child and family, such as individual or family counseling, 
 11.11  educational testing, psychological evaluations, tutoring, 
 11.12  mentoring, and mediation; 
 11.13     (3) transition services to integrate the child back into 
 11.14  school and to help the child succeed once there; 
 11.15     (4) culturally sensitive programming and staffing; and 
 11.16     (5) increased school response, including in-school 
 11.17  suspension, better attendance monitoring and enforcement, 
 11.18  after-school study programs, and in-service training for 
 11.19  teachers and staff. 
 11.20     Subd. 3.  [TRUANCY SERVICE CENTERS.] (a) Truancy service 
 11.21  centers may be established as facilities to receive truant 
 11.22  students from peace officers and probation officers and provide 
 11.23  other appropriate services.  A truancy service center may: 
 11.24     (1) assess a truant student's attendance situation, 
 11.25  including enrollment status, verification of truancy, and school 
 11.26  attendance history; 
 11.27     (2) assist in coordinating intervention efforts where 
 11.28  appropriate, including checking with juvenile probation and 
 11.29  children and family services to determine whether an active case 
 11.30  is pending and facilitating transfer to an appropriate facility, 
 11.31  if indicated; and evaluating the need for and making referral to 
 11.32  a health clinic, chemical dependency treatment, protective 
 11.33  services, social or recreational programs, or other school or 
 11.34  community-based services and programs described in subdivision 
 11.35  2; 
 11.36     (3) contact the parents or legal guardian of the truant 
 12.1   student and release the truant student to the custody of the 
 12.2   parents or guardian; and 
 12.3      (4) facilitate the student's earliest possible return to 
 12.4   school. 
 12.5      (b) Truancy service centers may not accept: 
 12.6      (1) juveniles taken into custody for criminal violations; 
 12.7      (2) intoxicated juveniles; 
 12.8      (3) ill or injured juveniles; or 
 12.9      (4) juveniles older than mandatory school attendance age. 
 12.10     (c) Truancy service centers may expand their service 
 12.11  capability in order to receive curfew violators and take 
 12.12  appropriate action, such as coordination of intervention 
 12.13  efforts, contacting parents, and developing strategies to ensure 
 12.14  that parents assume responsibility for their children's curfew 
 12.15  violations. 
 12.16     Sec. 11.  [260A.05] [COUNTY ATTORNEY TRUANCY MEDIATION 
 12.17  PROGRAM.] 
 12.18     Subdivision 1.  [ESTABLISHMENT; REFERRALS.] A county 
 12.19  attorney may establish a truancy mediation program for the 
 12.20  purpose of resolving truancy problems without court action.  A 
 12.21  student may be referred to the county attorney by the school 
 12.22  district or law enforcement if the student continues to be 
 12.23  truant after the parent or guardian has been sent or conveyed 
 12.24  the notice under section 260A.03. 
 12.25     Subd. 2.  [MEETING; NOTICE.] The county attorney may 
 12.26  request the parent or legal guardian and the child referred 
 12.27  under subdivision 1 to attend a meeting in the county attorney's 
 12.28  office to discuss the possible legal consequences of the minor's 
 12.29  truancy.  The notice of the meeting must be served personally or 
 12.30  by certified mail at least five days before the meeting on each 
 12.31  person required to attend the meeting.  The notice must include: 
 12.32     (1) the name and address of the person to whom the notice 
 12.33  is directed; 
 12.34     (2) the date, time, and place of the meeting; 
 12.35     (3) the name of the minor classified as a truant; 
 12.36     (4) the basis for the referral to the county attorney; and 
 13.1      (5) a warning that a criminal complaint may be filed 
 13.2   against the parents or guardians pursuant to section 127.20 for 
 13.3   failure to compel the attendance of the minor at school or that 
 13.4   action may be taken in juvenile court. 
 13.5      Subd. 3.  [PROCEDURE.] At the beginning of the meeting 
 13.6   under this section, the county attorney shall advise the parents 
 13.7   or guardians and the child that any statements they make could 
 13.8   be used against them in subsequent court proceedings.  After the 
 13.9   meeting the county attorney may file a petition or issue a 
 13.10  citation under chapter 260 if the county attorney determines 
 13.11  that available community resources cannot resolve the truancy 
 13.12  problem, or if the student or the parent or guardian fail to 
 13.13  cooperate or respond to services provided or to the directives 
 13.14  of the school or the county attorney. 
 13.15     Sec. 12.  [TRUANCY REDUCTION GRANT PILOT PROGRAM.] 
 13.16     Subdivision 1.  [ESTABLISHMENT.] A truancy reduction grant 
 13.17  pilot program is established to help school districts, county 
 13.18  attorneys, and law enforcement officials work collaboratively to 
 13.19  improve school attendance and to reduce truancy. 
 13.20     Subd. 2.  [EXPECTED OUTCOMES.] Grant recipients shall use 
 13.21  the funds for programs designed to assist truant students and 
 13.22  their families in resolving attendance problems without court 
 13.23  intervention.  Recipient programs must be designed to reduce 
 13.24  truancy and educational neglect, and improve school attendance 
 13.25  rates, by: 
 13.26     (1) providing early intervention and a continuum of 
 13.27  intervention; 
 13.28     (2) supporting parental involvement and responsibility in 
 13.29  solving attendance problems; 
 13.30     (3) working with students, families, school personnel, and 
 13.31  community resources to provide appropriate services that address 
 13.32  the underlying causes of truancy; and 
 13.33     (4) providing a speedy and effective alternative to 
 13.34  juvenile court intervention in truancy cases. 
 13.35     Subd. 3.  [GRANT ELIGIBILITY, APPLICATIONS, AND AWARDS.] A 
 13.36  county attorney, together with a school district or group of 
 14.1   school districts and law enforcement, may apply for a truancy 
 14.2   reduction grant.  The commissioner of public safety, in 
 14.3   collaboration with the commissioner of education, shall 
 14.4   prescribe the form and manner of applications by July 1, 1995, 
 14.5   and shall award grants to applicants likely to meet the outcomes 
 14.6   in subdivision 2.  Grants must be awarded for the implementation 
 14.7   of programs in the 1995-96 school year.  At minimum, each 
 14.8   applicant group must have a plan for implementing an early 
 14.9   intervention truancy program at the school district or building 
 14.10  level, as well as a county attorney truancy mediation program 
 14.11  under section 11. 
 14.12     Subd. 4.  [EVALUATION.] The attorney general shall make a 
 14.13  preliminary report on the effectiveness of the pilot programs as 
 14.14  part of its 1996 annual report under article 2, section 1, and a 
 14.15  final report as part of its 1997 annual report under article 2, 
 14.16  section 1. 
 14.17     Sec. 13.  [APPROPRIATIONS.] 
 14.18     Subdivision 1.  [TRUANCY REDUCTION PILOT 
 14.19  PROGRAMS.] $....... is appropriated from the general fund in 
 14.20  fiscal year 1996 to the commissioner of public safety for the 
 14.21  purpose of making grants for truancy reduction pilot programs 
 14.22  under section 12. 
 14.23     Subd. 2.  [TRUANCY SERVICE CENTERS.] $....... is 
 14.24  appropriated from the general fund in fiscal year 1996 to the 
 14.25  commissioner of public safety to make grants to local law 
 14.26  enforcement jurisdictions to develop three truancy service 
 14.27  centers under Minnesota Statutes, section 260A.04.  Applicants 
 14.28  must provide a one-to-one funding match.  If the commissioner 
 14.29  has received applications from fewer than three counties by the 
 14.30  application deadline, the commissioner may make unallocated 
 14.31  funds from this appropriation available to an approved grantee 
 14.32  that can provide the required one-to-one funding match for the 
 14.33  additional funds. 
 14.34     Sec. 14.  [REPEALER.] 
 14.35     Minnesota Statutes 1994, section 126.25, is repealed. 
 14.36     Laws 1994, chapter 576, section 1, is repealed. 
 15.1                              ARTICLE 2
 15.2                            SCHOOL SAFETY
 15.3      Section 1.  [8.36] [ANNUAL REPORT ON SCHOOL SAFETY.] 
 15.4      On or before January 15 of each year, the attorney general 
 15.5   shall prepare a report on safety in secondary and post-secondary 
 15.6   schools.  The report must include an assessment and evaluation 
 15.7   of the impact of existing laws and programs on school safety and 
 15.8   antiviolence and include recommendations for changes in law or 
 15.9   policy that would increase the safety of schools and curb 
 15.10  violence.  The report must be submitted to the chairs of the 
 15.11  senate and house of representatives committees with jurisdiction 
 15.12  over education and crime issues. 
 15.13     Sec. 2.  Minnesota Statutes 1994, section 120.73, is 
 15.14  amended by adding a subdivision to read: 
 15.15     Subd. 2b.  [SCHOOL UNIFORMS.] Notwithstanding section 
 15.16  120.74, a school board may require students to furnish or 
 15.17  purchase clothing that constitutes a school uniform if the board 
 15.18  has adopted a uniform requirement or program for the student's 
 15.19  school.  In adopting a uniform requirement, the board shall 
 15.20  promote student, staff, parent, and community involvement in the 
 15.21  program and account for the financial ability of students to 
 15.22  purchase uniforms. 
 15.23     Sec. 3.  [123.953] [SCHOOL DISTRICT EMPLOYEES; BACKGROUND 
 15.24  CHECKS.] 
 15.25     Subdivision 1.  [BACKGROUND CHECK REQUIRED.] A school 
 15.26  district shall request a criminal history background check from 
 15.27  the superintendent of the bureau of criminal apprehension on all 
 15.28  individuals who are offered employment in the school district.  
 15.29  In order to be eligible for employment, an individual who is 
 15.30  offered employment must provide an executed criminal history 
 15.31  consent form and a money order or cashier's check payable to the 
 15.32  bureau of criminal apprehension for the fee for conducting the 
 15.33  criminal history background check.  A school district may charge 
 15.34  a person offered employment an additional fee of up to $2 to 
 15.35  cover the school district's costs under this section.  The 
 15.36  superintendent shall perform the background check by retrieving 
 16.1   criminal history data maintained in the criminal justice 
 16.2   information system computers. 
 16.3      Subd. 2.  [CONDITIONAL HIRING; DISCHARGE.] A school 
 16.4   district may hire an individual pending completion of a 
 16.5   background check under subdivision 1 but shall notify the 
 16.6   individual that the individual's employment may be terminated 
 16.7   based on the result of the background check.  A school district 
 16.8   is not liable for failing to hire or for terminating an 
 16.9   individual's employment based on the result of a background 
 16.10  check under this section. 
 16.11     Sec. 4.  Minnesota Statutes 1994, section 125.05, is 
 16.12  amended by adding a subdivision to read: 
 16.13     Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching 
 16.14  and the state board of education shall request a criminal 
 16.15  history background check from the superintendent of the bureau 
 16.16  of criminal apprehension on all applicants for initial licenses 
 16.17  under their jurisdiction.  An application for a license under 
 16.18  this section must be accompanied by: 
 16.19     (1) an executed criminal history consent form, including 
 16.20  fingerprints; and 
 16.21     (2) a money order or cashier's check payable to the bureau 
 16.22  of criminal apprehension for the fee for conducting the criminal 
 16.23  history background check, plus an additional fee of $2 payable 
 16.24  to the board of teaching or the state board of education, as 
 16.25  applicable. 
 16.26     (b) The superintendent of the bureau of criminal 
 16.27  apprehension shall perform the background check required under 
 16.28  paragraph (a) by retrieving criminal history data maintained in 
 16.29  the criminal justice information system computers and shall also 
 16.30  conduct a search of the national criminal records repository, 
 16.31  including the criminal justice data communications network.  The 
 16.32  superintendent is authorized to exchange fingerprints with the 
 16.33  Federal Bureau of Investigation for purposes of the criminal 
 16.34  history check.  The superintendent shall recover the cost to the 
 16.35  bureau of a background check through the fee charged to the 
 16.36  applicant under paragraph (a). 
 17.1      Sec. 5.  Minnesota Statutes 1994, section 125.09, 
 17.2   subdivision 1, is amended to read: 
 17.3      Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
 17.4   DENIAL.] The board of teaching or the state board of education, 
 17.5   whichever has jurisdiction over a teacher's licensure, may, on 
 17.6   the written complaint of the school board employing a teacher, 
 17.7   or of a teacher organization, or of any other interested person, 
 17.8   which complaint shall specify the nature and character of the 
 17.9   charges, refuse to issue, refuse to renew, suspend, or 
 17.10  revoke such a teacher's license to teach for any of the 
 17.11  following causes: 
 17.12     (1) Immoral character or conduct; 
 17.13     (2) Failure, without justifiable cause, to teach for the 
 17.14  term of the teacher's contract; 
 17.15     (3) Gross inefficiency or willful neglect of duty; or 
 17.16     (4) Failure to meet licensure requirements; or 
 17.17     (5) Fraud or misrepresentation in obtaining a license. 
 17.18     For purposes of this subdivision, the board of teaching is 
 17.19  delegated the authority to suspend or revoke coaching licenses 
 17.20  under the jurisdiction of the state board of education. 
 17.21     Sec. 6.  [127.282] [EXPULSION FOR POSSESSION OF FIREARM.] 
 17.22     Notwithstanding the time limitation in section 127.27, 
 17.23  subdivision 5, a school board must expel for a period of at 
 17.24  least one year a pupil who is determined to have brought a 
 17.25  firearm to school except the board may modify this expulsion 
 17.26  requirement for a pupil on a case-by-case basis.  For the 
 17.27  purposes of this section, firearm is as defined in United States 
 17.28  Code, title 18, section 921. 
 17.29     Sec. 7.  [127.47] [SCHOOL LOCKER POLICY.] 
 17.30     Subdivision 1.  [POLICY.] It is the policy of the state of 
 17.31  Minnesota that:  
 17.32     "School lockers are the property of the school district.  
 17.33  At no time does the school district relinquish its exclusive 
 17.34  control of lockers provided for the convenience of students.  
 17.35  Inspection of the interior of lockers may be conducted by school 
 17.36  authorities for any reason at any time, without notice, without 
 18.1   student consent, and without a search warrant.  The personal 
 18.2   possessions of students within a school locker may be searched 
 18.3   only when school authorities have reasonable grounds to suspect 
 18.4   that the search will uncover evidence of a violation of law or 
 18.5   school rules." 
 18.6      Subd. 2.  [DISSEMINATION.] The locker policy must be 
 18.7   disseminated to parents and students in the way that other 
 18.8   policies of general application to students are disseminated.  A 
 18.9   copy of the policy must be provided to a student the first time 
 18.10  after the policy is effective that the student is given the use 
 18.11  of a locker. 
 18.12     Sec. 8.  Minnesota Statutes 1994, section 260.161, 
 18.13  subdivision 3, is amended to read: 
 18.14     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 18.15  for records relating to an offense where proceedings are public 
 18.16  under section 260.155, subdivision 1, peace officers' records of 
 18.17  children who are or may be delinquent or who may be engaged in 
 18.18  criminal acts shall be kept separate from records of persons 18 
 18.19  years of age or older and are private data but shall be 
 18.20  disseminated:  (1) by order of the juvenile court, (2) as 
 18.21  required by section 126.036, (3) as authorized under section 
 18.22  13.82, subdivision 2, (4) to the child or the child's parent or 
 18.23  guardian unless disclosure of a record would interfere with an 
 18.24  ongoing investigation, or (5) as otherwise provided in this 
 18.25  subdivision.  Except as provided in paragraph (c), no 
 18.26  photographs of a child taken into custody may be taken without 
 18.27  the consent of the juvenile court unless the child is alleged to 
 18.28  have violated section 169.121 or 169.129.  Peace officers' 
 18.29  records containing data about children who are victims of crimes 
 18.30  or witnesses to crimes must be administered consistent with 
 18.31  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 18.32  violating any of the provisions of this subdivision shall be 
 18.33  guilty of a misdemeanor. 
 18.34     In the case of computerized records maintained about 
 18.35  juveniles by peace officers, the requirement of this subdivision 
 18.36  that records about juveniles must be kept separate from adult 
 19.1   records does not mean that a law enforcement agency must keep 
 19.2   its records concerning juveniles on a separate computer system.  
 19.3   Law enforcement agencies may keep juvenile records on the same 
 19.4   computer as adult records and may use a common index to access 
 19.5   both juvenile and adult records so long as the agency has in 
 19.6   place procedures that keep juvenile records in a separate place 
 19.7   in computer storage and that comply with the special data 
 19.8   retention and other requirements associated with protecting data 
 19.9   on juveniles. 
 19.10     (b) Nothing in this subdivision prohibits the exchange of 
 19.11  information by law enforcement agencies if the exchanged 
 19.12  information is pertinent and necessary to the requesting agency 
 19.13  in initiating, furthering, or completing a criminal 
 19.14  investigation. 
 19.15     (c) A photograph may be taken of a child taken into custody 
 19.16  pursuant to section 260.165, subdivision 1, clause (b), provided 
 19.17  that the photograph must be destroyed when the child reaches the 
 19.18  age of 19 years.  The commissioner of corrections may photograph 
 19.19  juveniles whose legal custody is transferred to the 
 19.20  commissioner.  Photographs of juveniles authorized by this 
 19.21  paragraph may be used only for institution management purposes, 
 19.22  case supervision by parole agents, and to assist law enforcement 
 19.23  agencies to apprehend juvenile offenders.  The commissioner 
 19.24  shall maintain photographs of juveniles in the same manner as 
 19.25  juvenile court records and names under this section. 
 19.26     (d) Traffic investigation reports are open to inspection by 
 19.27  a person who has sustained physical harm or economic loss as a 
 19.28  result of the traffic accident.  Identifying information on 
 19.29  juveniles who are parties to traffic accidents may be disclosed 
 19.30  as authorized under section 13.82, subdivision 4, and accident 
 19.31  reports required under section 169.09 may be released under 
 19.32  section 169.09, subdivision 13, unless the information would 
 19.33  identify a juvenile who was taken into custody or who is 
 19.34  suspected of committing an offense that would be a crime if 
 19.35  committed by an adult, or would associate a juvenile with the 
 19.36  offense, and the offense is not a minor traffic offense under 
 20.1   section 260.193. 
 20.2      (e) A law enforcement agency shall notify the principal or 
 20.3   chief administrative officer of a juvenile's school of an 
 20.4   incident occurring within the agency's jurisdiction if: 
 20.5      (1) the agency has probable cause to believe that the 
 20.6   juvenile has committed an offense that would be a crime if 
 20.7   committed as an adult, that the victim of the offense is a 
 20.8   student or staff member of the school, and that notice to the 
 20.9   school is reasonably necessary for the protection of the victim; 
 20.10  or 
 20.11     (2) the agency has probable cause to believe that the 
 20.12  juvenile has committed an offense described in subdivision 1b, 
 20.13  paragraph (a), clauses (1) to (3), that would be a crime if 
 20.14  committed by an adult, regardless of whether the victim is a 
 20.15  student or staff member of the school. 
 20.16     A law enforcement agency is not required to notify the 
 20.17  school under this paragraph if the agency determines that notice 
 20.18  would jeopardize an ongoing investigation.  Notwithstanding 
 20.19  section 138.17, data from a notice received from a law 
 20.20  enforcement agency under this paragraph must be destroyed when 
 20.21  the juvenile graduates from the school or at the end of the 
 20.22  academic year when the juvenile reaches age 23, whichever date 
 20.23  is earlier.  For purposes of this paragraph, "school" means a 
 20.24  public or private elementary, middle, or secondary school. 
 20.25     (f) In any county in which the county attorney operates or 
 20.26  authorizes the operation of a juvenile prepetition or pretrial 
 20.27  diversion program, a law enforcement agency or county attorney's 
 20.28  office may provide the juvenile diversion program with data 
 20.29  concerning a juvenile who is a participant in or is being 
 20.30  considered for participation in the program. 
 20.31     (g) Upon request of a local social service agency, peace 
 20.32  officer records of children who are or may be delinquent or who 
 20.33  may be engaged in criminal acts may be disseminated to the 
 20.34  agency to promote the best interests of the subject of the data. 
 20.35     Sec. 9.  Minnesota Statutes 1994, section 364.09, is 
 20.36  amended to read: 
 21.1      364.09 [EXCEPTIONS.] 
 21.2      (a) This chapter does not apply to the licensing process 
 21.3   for peace officers; to law enforcement agencies as defined in 
 21.4   section 626.84, subdivision 1, paragraph (h); to fire protection 
 21.5   agencies; to eligibility for a private detective or protective 
 21.6   agent license; to eligibility for a family day care license, a 
 21.7   family foster care license, or a home care provider license; to 
 21.8   eligibility for school bus driver endorsements; or to 
 21.9   eligibility for special transportation service endorsements.  
 21.10  This chapter also shall not apply to eligibility for a license 
 21.11  issued or renewed by the board of teaching or state board of 
 21.12  education or to eligibility for juvenile corrections employment, 
 21.13  where the offense involved child physical or sexual abuse or 
 21.14  criminal sexual conduct.  
 21.15     (b) This chapter does not apply to a school district or to 
 21.16  eligibility for a license issued or renewed by the board of 
 21.17  teaching or the state board of education.  
 21.18     (c) Nothing in this section precludes the Minnesota police 
 21.19  and peace officers training board or the state fire marshal from 
 21.20  recommending policies set forth in this chapter to the attorney 
 21.21  general for adoption in the attorney general's discretion to 
 21.22  apply to law enforcement or fire protection agencies. 
 21.23     Sec. 10.  Minnesota Statutes 1994, section 466.03, is 
 21.24  amended by adding a subdivision to read: 
 21.25     Subd. 18.  [SCHOOL BUILDING SECURITY.] Any claim based on 
 21.26  injury arising out of a decision by a school or school district 
 21.27  to obtain a fire code variance for purposes of school building 
 21.28  security, if the decision was made in good faith and in 
 21.29  accordance with applicable law governing variances. 
 21.30     Sec. 11.  Minnesota Statutes 1994, section 609.605, 
 21.31  subdivision 4, is amended to read: 
 21.32     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
 21.33  misdemeanor for a person to enter or be found in a public or 
 21.34  nonpublic elementary, middle, or secondary school building 
 21.35  unless the person: 
 21.36     (1) is an enrolled student in, a parent or guardian of an 
 22.1   enrolled student in, or an employee of the school or school 
 22.2   district; 
 22.3      (2) has permission or an invitation from a school official 
 22.4   to be in the building; 
 22.5      (3) is attending a school event, class, or meeting to which 
 22.6   the person, the public, or a student's family is invited; or 
 22.7      (4) has reported the person's presence in the school 
 22.8   building in the manner required for visitors to the school. 
 22.9      (b) It is a gross misdemeanor for a group of three or more 
 22.10  persons to enter or be found in a public or nonpublic 
 22.11  elementary, middle, or secondary school building unless one of 
 22.12  the persons: 
 22.13     (1) is an enrolled student in, a parent or guardian of an 
 22.14  enrolled student in, or an employee of the school or school 
 22.15  district; 
 22.16     (2) has permission or an invitation from a school official 
 22.17  to be in the building; 
 22.18     (3) is attending a school event, class, or meeting to which 
 22.19  the person, the public, or a student's family is invited; or 
 22.20     (4) has reported the person's presence in the school 
 22.21  building in the manner required for visitors to the school. 
 22.22     (c) It is a misdemeanor for a person to enter or be found 
 22.23  on school property within six months after being told by the 
 22.24  school principal or the principal's designee to leave the 
 22.25  property and not to return, unless the principal or the 
 22.26  principal's designee has given the person permission to return 
 22.27  to the property.  As used in this paragraph, "school property" 
 22.28  has the meaning given in section 152.01, subdivision 14a, 
 22.29  clauses (1) and (3). 
 22.30     (c) (d) A school principal or a school employee designated 
 22.31  by the school principal to maintain order on school property, 
 22.32  who has reasonable cause to believe that a person is violating 
 22.33  this subdivision may detain the person in a reasonable manner 
 22.34  for a reasonable period of time pending the arrival of a peace 
 22.35  officer.  A school principal or designated school employee is 
 22.36  not civilly or criminally liable for any action authorized under 
 23.1   this paragraph if the person's action is based on reasonable 
 23.2   cause. 
 23.3      (d) (e) A peace officer may arrest a person without a 
 23.4   warrant if the officer has probable cause to believe the person 
 23.5   violated this subdivision within the preceding four hours.  The 
 23.6   arrest may be made even though the violation did not occur in 
 23.7   the peace officer's presence. 
 23.8      Sec. 12.  [APPROPRIATIONS.] 
 23.9      Subdivision 1.  [SCHOOL LIAISON OFFICERS.] $....... is 
 23.10  appropriated from the general fund in fiscal year 1996 to the 
 23.11  commissioner of public safety for the purpose of making grants 
 23.12  to local law enforcement agencies for law enforcement officers 
 23.13  assigned to schools.  The grants may be used to expand the 
 23.14  assignment of law enforcement officers to middle school and 
 23.15  junior high schools or to fund new positions in high schools 
 23.16  that do not currently have a law enforcement officer assigned to 
 23.17  them.  The grants may be used to provide the local share 
 23.18  required for eligibility for federal funding for these 
 23.19  positions.  The amount of the state grant must be matched by at 
 23.20  least an equal amount of money from nonstate sources. 
 23.21     Subd. 2.  [STUDENT IDENTIFICATION SYSTEM.] $....... is 
 23.22  appropriated from the general fund in fiscal year 1996 to the 
 23.23  commissioner of public safety for the purpose of providing 
 23.24  grants to a school district for a photographic identification 
 23.25  system for school district staff and junior and senior high 
 23.26  school students.  The amount of the state grant must be matched 
 23.27  by at least an equal amount of money from nonstate sources. 
 23.28     Subd. 3.  [DRUG ABUSE RESISTANCE EDUCATION.] $....... is 
 23.29  appropriated from the general fund in fiscal year 1996 to the 
 23.30  commissioner of public safety for the purpose of making grants 
 23.31  under Minnesota Statutes, section 299A.33, subdivision 1. 
 23.32     Subd. 4.  [SCHOOL UNIFORM PROGRAM.] $....... is 
 23.33  appropriated from the general fund in fiscal year 1996 to the 
 23.34  commissioner of public safety for the purpose of making grants 
 23.35  to school districts for implementation of a school uniform 
 23.36  program.  The amount of the state grant must be matched by at 
 24.1   least an equal amount of money from nonstate sources. 
 24.2      Subd. 5.  [CONFLICT RESOLUTION AND PEER 
 24.3   MEDIATION.] $....... is appropriated from the general fund in 
 24.4   fiscal year 1996 to the commissioner of public safety for the 
 24.5   purpose of making incentive grants to school districts to 
 24.6   encourage the development and enhancement of conflict resolution 
 24.7   and peer mediation programs for students. 
 24.8      Subd. 6.  [ALTERNATIVE PROGRAMMING FOR RISK 
 24.9   STUDENTS.] $....... is appropriated from the general fund in 
 24.10  fiscal year 1996 to the commissioner of education for the 
 24.11  purpose of making a grant to a school district for alternative 
 24.12  programming for at-risk and in-risk students. 
 24.13     Sec. 13.  [REPEALER.] 
 24.14     Section 1 is repealed effective August 1, 1997. 
 24.15     Sec. 14.  [EFFECTIVE DATE.] 
 24.16     Section 8 is effective beginning with the 1995-1996 school 
 24.17  year.