SF 1856

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

A bill for an act
relating to education; requiring persons under 18
years of age to attend school as a requirement for
possessing a driver's permit or license; amending
Minnesota Statutes 2004, sections 13.32, subdivisions
1, 3, 8, 9; 171.04, subdivision 1; 171.05,
subdivisions 2, 2b, 3; 260A.03; proposing coding for
new law in Minnesota Statutes, chapters 120A; 171.

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

Section 1.

Minnesota Statutes 2004, section 13.32,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) new text begin "Dismissal" means expelling or excluding a student
under the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56.
new text end

new text begin (b) new text end "Educational data" means data on individuals maintained
by a public educational agency or institution or by a person
acting for the agency or institution which relates to a student.

Records of instructional personnel which are in the sole
possession of the maker thereof and are not accessible or
revealed to any other individual except a substitute teacher,
and are destroyed at the end of the school year, shall not be
deemed to be government data.

Records of a law enforcement unit of a public educational
agency or institution which are maintained apart from education
data and are maintained solely for law enforcement purposes, and
are not disclosed to individuals other than law enforcement
officials of the jurisdiction are not educational data;
provided, that education records maintained by the educational
agency or institution are not disclosed to the personnel of the
law enforcement unit. The University of Minnesota police
department is a law enforcement agency for purposes of section
13.82 and other sections of Minnesota Statutes dealing with law
enforcement records. Records of organizations providing
security services to a public educational agency or institution
must be administered consistent with section 13.861.

Records relating to a student who is employed by a public
educational agency or institution which are made and maintained
in the normal course of business, relate exclusively to the
individual in that individual's capacity as an employee, and are
not available for use for any other purpose are classified
pursuant to section 13.43.

deleted text begin (b) deleted text end new text begin (c) "Habitual truant" means a student absent from
attendance at school as defined under section 260C.101,
subdivision 19.
new text end

new text begin (d) new text end "Juvenile justice system" includes criminal justice
agencies and the judiciary when involved in juvenile justice
activities new text begin , and the Department of Public Safety, but only when
the Department of Public Safety under section 171.056 cancels or
reinstates the driving privileges of a habitual truant or a
dismissed student new text end .

deleted text begin (c) deleted text end new text begin (e) new text end "Student" means an individual currently or formerly
enrolled or registered, applicants for enrollment or
registration at a public educational agency or institution, or
individuals who receive shared time educational services from a
public agency or institution.

deleted text begin (d) deleted text end new text begin (f) new text end "Substitute teacher" means an individual who
performs on a temporary basis the duties of the individual who
made the record, but does not include an individual who
permanently succeeds to the position of the maker of the record.

Sec. 2.

Minnesota Statutes 2004, section 13.32,
subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access
to the private data;

(d) to disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35;

(f) to appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted;

(g) when disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter 1092;

(h) to the appropriate school district officials to the
extent necessary under subdivision 6, annually to indicate the
extent and content of remedial instruction, including the
results of assessment testing and academic performance at a
postsecondary institution during the previous academic year by a
student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States
Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
the juvenile justice system and the ability of the system to
effectively serve, prior to adjudication, the student whose
records are released deleted text begin ; deleted text end provided that new text begin :
new text end

new text begin (1) new text end the authorities to whom the data are released submit a
written request for the data that certifies that the data will
not be disclosed to any other person except as authorized by law
without the written consent of the parent of the student and the
request and a record of the release are maintained in the
student's file new text begin ; and
new text end

new text begin (2) for a habitual truant, or a dismissed student, the
school principal or chief administrative officer certifies in
writing that the data will not be disclosed to any other person
except as authorized by law without the prior written consent of
the student's parent or guardian and the certification and a
record of all disclosures are maintained in the student's file new text end ;

(j) to volunteers who are determined to have a legitimate
educational interest in the data and who are conducting
activities and events sponsored by or endorsed by the
educational agency or institution for students or former
students;

(k) to provide student recruiting information, from
educational data held by colleges and universities, as required
by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the
behavior of a student who poses a risk of harm is reasonably
necessary to protect the health or safety of the student or
other individuals;

(m) with respect to Social Security numbers of students in
the adult basic education system, to Minnesota State Colleges
and Universities and the Department of Employment and Economic
Development for the purpose and in the manner described in
section 124D.52, subdivision 7; or

(n) to the commissioner of education for purposes of an
assessment or investigation of a report of alleged maltreatment
of a student as mandated by section 626.556. Upon request by
the commissioner of education, data that are relevant to a
report of maltreatment and are from charter school and school
district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not
limited to, the following:

(1) information regarding the student alleged to have been
maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any,
by the school facility in response to a report of maltreatment
by an employee or agent of the school or school district.

Sec. 3.

Minnesota Statutes 2004, section 13.32,
subdivision 8, is amended to read:

Subd. 8.

Access by juvenile justice system.

(a) Upon
request, the following education data shall be disclosed under
subdivision 3, clause (i) new text begin (1) new text end , to the juvenile justice system: a
student's full name, home address, telephone number, date of
birth; a student's school schedule, attendance record, and
photographs, if any; and parents' names, home addresses, and
telephone numbers. new text begin For the purposes of section 171.056, the
following education data shall be disclosed under subdivision 3,
clause (i)(2), to the juvenile justice system: a student's full
name, date of birth, and that portion of the student's
attendance record during the current school year that
encompasses the period related to the student's dismissal or
truancy.
new text end

(b) In addition, the existence of the following data about
a student may be disclosed under subdivision 3, clause (i):

(1) use of a controlled substance, alcohol, or tobacco;

(2) assaultive or threatening conduct that could result in
dismissal from school under section 121A.45, subdivision 2,
clause (b) or (c);

(3) possession or use of weapons or look-alike weapons;

(4) theft; deleted text begin or
deleted text end

(5) vandalism or other damage to property new text begin ;
new text end

new text begin (6) dismissal if the student has been expelled or excluded
from a public or charter school; or
new text end

new text begin (7) truancy if the student is a habitual truant new text end .

Any request for access to data under this paragraph new text begin or
disclosure of data for the purposes of section 171.056 new text end must
contain an explanation of why access to the data is necessary to
serve the student.

(c) A principal or chief administrative officer of a school
who receives a request to disclose information about a student
to the juvenile justice system under paragraph (b) new text begin , clauses (1)
to (5), new text end shall, to the extent permitted by federal law, notify
the student's parent or guardian by certified mail of the
request to disclose information before disclosing the
information. If the student's parent or guardian notifies the
principal or chief administrative officer within ten days of
receiving the certified notice that the parent or guardian
objects to the disclosure, the principal or chief administrative
officer must not disclose the information. The principal or
chief administrative officer must inform the requesting member
of the juvenile justice system of the objection. new text begin A principal or
chief administrative officer of a school who discloses
information under paragraph (b), clauses (6) and (7), must
comply with the notice requirements under section 171.056.
new text end

(d) A principal or chief administrative officer is not
required to create data under this subdivision. Information
provided in response to a data request new text begin or disclosed for the
purposes of section 171.056 new text end under paragraph (b) shall indicate
only whether the data described in paragraph (b) exist. The
principal or chief administrative officer is not authorized
under paragraph (b) to disclose the actual data or other
information contained in the student's education record. A
principal or chief administrative officer is not required to
provide data that are protected by court order. new text begin For paragraph
(b), clauses (1) to (5), new text end a principal or chief administrative
officer must respond to a data request within 14 days if no
objection is received from the parent or guardian.

(e) new text begin If the school board does not waive the school
attendance requirement for driving privileges, then a principal
or chief administrative officer of a school may disclose only
the habitual truancy status or dismissal of a student to the
Department of Public Safety under paragraph (b), and only for
the purposes of section 171.056.
new text end

new text begin (f) new text end Nothing in this subdivision shall limit the disclosure
of educational data pursuant to court order.

deleted text begin (f) deleted text end new text begin (g) new text end A school district, its agents, and employees who
provide data in good faith under this subdivision are not liable
for compensatory or exemplary damages or an award of attorney
fees in an action under section 13.08, or other law, or for a
penalty under section 13.09.

deleted text begin (g) deleted text end new text begin (h) new text end Section 13.03, subdivision 4, applies to data that
are shared under this subdivision with a government entity. If
data are shared with a member of the juvenile justice system who
is not a government entity, the person receiving the shared data
must treat the data consistent with the requirements of this
chapter applicable to a government entity.

deleted text begin (h) deleted text end new text begin (i) new text end A member of the juvenile justice system who falsely
certifies a request for data under this section is subject to
the penalties under section 13.09.

Sec. 4.

Minnesota Statutes 2004, section 13.32,
subdivision 9, is amended to read:

Subd. 9.

Forms.

new text begin (a) new text end To make a data request under
subdivision 8, paragraph (b), new text begin clauses (1) to (5), new text end a member of
the juvenile justice system must use the following form:

REQUEST FOR INFORMATION

Family Educational Rights and Privacy Act/
Minnesota Government Data Practices Act

DATE/TIME OF REQUEST ............................

TO: ........................................
(Superintendent of school district
or chief administrative officer of school)

FROM: ........................................
(Requester's name/agency)

STUDENT: .......................................

BASIS FOR REQUEST

... Juvenile delinquency investigation/prosecution

... Child protection assessment/investigation

... Investigation/filing of CHIPS or delinquency
petition

REASON FOR REQUEST (requester must describe why information
regarding existence of the data marked below is necessary to
effectively serve the student)...................................
.................................................................
.................................................................
.................................................................

RESPONSE TO REQUEST

The school must indicate whether it has data on the student
that document any activity or behavior marked by the requester.

INFORMATION REQUESTED (mark all that apply) RESPONSE

Indicate whether you have data
that document the student's: (yes or no)

... use of a controlled substance, alcohol,
or tobacco ....

... assaultive or threatening conduct as defined
in Minnesota Statutes, section 13.32,
subdivision 8 ....

... possession or use of weapons or look-alike
weapons ....

... theft ....

... vandalism and damage to property ....

CERTIFICATION: The undersigned certifies that the undersigned
is a member of the juvenile justice system. The requested data
are needed by the juvenile justice system so it may effectively
serve, prior to adjudication, the student whose records are
released. The undersigned will not disclose the information
received to any other party, except as provided under state law,
without prior written consent as required by Code of Federal
Regulations, title 34, section 99.38(b). The undersigned
further certifies that the undersigned understands that by
signing this request, the undersigned is subject to the
penalties in Minnesota Statutes, section 13.09.

.......................................................
Signature/Title

new text begin (b) To disclose data under subdivision 8, paragraph (b),
clauses (6) and (7), a principal or chief administrative officer
must use the following form:
new text end

new text begin DISCLOSURE OF INFORMATION
new text end

new text begin Family Educational Rights and Privacy Act/
Minnesota Government Data Practices Act
new text end

new text begin DATE/TIME OF DISCLOSURE ............................
new text end

new text begin TO: Department of Public Safety
new text end

new text begin FROM: ........................................
(Discloser's name/school, school district)
new text end

new text begin STUDENT: ........................................
new text end

new text begin INFORMATION DISCLOSED
new text end

new text begin Indicate whether you have data that document the student's:
new text end

new text begin ... absence from school
new text end

new text begin ... conformance with all applicable attendance laws, rules,
and policies
new text end

new text begin REASON FOR DISCLOSURE (principal or chief administrative officer
must describe why information regarding existence of the
student's attendance data is necessary to effectively serve the
student)
new text end

new text begin ..............................................................
new text end

new text begin ..............................................................
new text end

new text begin ..............................................................
new text end

new text begin CERTIFICATION: The undersigned certifies that the undersigned
is a principal or chief administrative officer (circle one) of
....... (name of school) in ....... School District No. .......,
....... (name of school district). The disclosed data is needed
by the Department of Public Safety so it may effectively serve,
prior to adjudication, the student whose records are released.
The undersigned will not disclose the information except as
provided under state law, without prior written consent required
by Code of Federal Regulations, title 34, section 99.38(b). The
undersigned further certifies that the undersigned understands
that by signing this request, the undersigned is subject to the
penalties in Minnesota Statutes, section 13.09.
new text end

new text begin .......................................................
Signature/Principal/Chief administrative officer
of ....... (name of school).......
School District No. ....., ..... (Name of School District)
new text end

new text begin CERTIFICATION: The undersigned certifies that the undersigned
is a member of the juvenile justice system. The data received
is needed by the juvenile justice system so it may assist
....... school in ....... School District No. ......., .......,
to effectively serve, prior to adjudication, the student whose
records are released. The undersigned will not disclose the
information received to any other party, except as provided
under state law, without prior written consent required by Code
of Federal Regulations, title 34, section 99.38(b). The
undersigned further certifies that the undersigned understands
that by signing this request, the undersigned is subject to the
penalties in Minnesota Statutes, section 13.09.
new text end

new text begin .......................................................
Signature/Title/Department of Public Safety
new text end

Sec. 5.

new text begin [120A.23] SCHOOL ATTENDANCE REQUIREMENT; DRIVING
PRIVILEGES.
new text end

new text begin A district school board, board of a state approved
alternative program (SAAP), or charter school board of directors
may, by majority vote, waive the school attendance requirement
for driving privileges under section 171.056 for students it
enrolls. The board must vote to waive the requirement before
September 1 of the initial school year in which the waiver is
effective. If a board intends to rescind its waiver and require
students to comply with the school attendance requirement under
section 171.056, for any subsequent school year, the board must
vote before September 1 of the school year in which the waiver
is initially rescinded.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2004, section 171.04,
subdivision 1, is amended to read:

Subdivision 1.

Persons not eligible.

The department
shall not issue a driver's license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age and has a
previously issued valid license from another state or country or
the applicant has, for the 12 consecutive months preceding
application, held a provisional license and during that time has
incurred (A) no conviction for a violation of section 169A.20,
169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no
conviction for a crash-related moving violation, and (C) not
more than one conviction for a moving violation that is not
crash related. "Moving violation" means a violation of a
traffic regulation but does not include a parking violation,
vehicle equipment violation, or warning citation;

(ii) the application for a license is approved by (A)
either parent when both reside in the same household as the
minor applicant or, if otherwise, then (B) the parent or spouse
of the parent having custody or, in the event there is no court
order for custody, then (C) the parent or spouse of the parent
with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) 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 (E) the minor's adult spouse, adult close
family member, or adult employer; provided, that the approval
required by this item 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; deleted text begin and
deleted text end

(iii) the applicant presents a certification by the person
who approves the application under item (ii), stating that the
applicant has driven a motor vehicle accompanied by and under
supervision of a licensed driver at least 21 years of age for at
least ten hours during the period of provisional licensure; new text begin and
new text end

new text begin (iv) the applicant certifies the applicant's school
attendance under section 171.056, or that the attendance
requirement is waived under section 120A.23;
new text end

(2) to any person who is 18 years of age or younger, unless
the person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of six months, and,
with respect to a person under 18 years of age, a provisional
license for a minimum of 12 months;

(3) to any person who is 19 years of age or older, unless
that person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of three months;

(4) to any person whose license has been suspended during
the period of suspension except that a suspended license may be
reinstated during the period of suspension upon the licensee
furnishing proof of financial responsibility in the same manner
as provided in the Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except
upon furnishing proof of financial responsibility in the same
manner as provided in the Minnesota No-Fault Automobile
Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section
254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent
by reason of mental illness, mental deficiency, or inebriation,
and has not been restored to capacity, unless the department is
satisfied that the person is competent to operate a motor
vehicle with safety to persons or property;

(8) to any person who is required by this chapter to take a
vision, knowledge, or road examination, unless the person has
successfully passed the examination. An applicant who fails
four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before
taking the road test again;

(9) to any person who is required under the Minnesota
No-Fault Automobile Insurance Act to deposit proof of financial
responsibility and who has not deposited the proof;

(10) to any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
the person would be inimical to public safety or welfare;

(11) to any person when, in the opinion of the
commissioner, the person is afflicted with or suffering from a
physical or mental disability or disease that will affect the
person in a manner as to prevent the person from exercising
reasonable and ordinary control over a motor vehicle while
operating it upon the highways;

(12) to a person who is unable to read and understand
official signs regulating, warning, and directing traffic;

(13) to a child for whom a court has ordered denial of
driving privileges under section 260C.201, subdivision 1, or
260B.235, subdivision 5, until the period of denial is
completed; or

(14) to any person whose license has been canceled, during
the period of cancellation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under 18 years of age
possessing or applying for a driver's instruction permit or
provisional license on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, 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 has been certified by the
superintendent of the school district in which the student
resides, 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; deleted text begin and
deleted text end

(6) new text begin certifies the applicant's school attendance under
section 171.056, or that the attendance requirement is waived
under section 120A.23; and
new text end

new text begin (7) new text end has paid the fee required in section 171.06,
subdivision 2.

(b) The instruction permit is valid for one year 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under 18 years of age
possessing or applying for a driver's instruction permit on or
after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 171.05,
subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision applies to persons who have applied for and
received an instruction permit under subdivision 2.

(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under
the supervision of a certified driver education instructor, the
permit holder's parent or guardian, or another licensed driver
age 21 or older. The supervisor must occupy the seat beside the
permit holder.

(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace
officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the
driver of the motor vehicle for a moving violation as defined in
section 171.04, subdivision 1. The commissioner shall not
record a violation of this paragraph on a person's driving
record.

(d) The permit holder must maintain a driving record free
of convictions for moving violations, as defined in section
171.04, subdivision 1, and free of convictions for violation of
section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53. If the permit holder drives a motor vehicle in
violation of the law, the commissioner shall suspend, cancel, or
revoke the permit in accordance with the statutory section
violated.

new text begin (e) The permit holder must comply with the school
attendance requirement under section 171.056, except when the
attendance requirement is waived under section 120A.23. If the
permit holder does not attend school as required, the
commissioner must cancel the permit according to section 171.056.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under 18 years of age
possessing or applying for a driver's instruction permit on or
after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 171.05,
subdivision 3, is amended to read:

Subd. 3.

Motorized bicycle.

Notwithstanding any
provision in subdivision 1 to the contrary, the department, upon
application and payment of the fee prescribed in section 171.02,
subdivision 3, may issue a motorized bicycle instruction permit
to an applicant who is 15 years of age deleted text begin and deleted text end new text begin , new text end who has successfully
completed the written portion of the examination prescribed by
the commissioner new text begin , and who certifies the applicant's school
attendance under section 171.056, or that the attendance
requirement is waived under section 120A.23 new text end . The holder of this
instruction permit who has the permit in possession may operate
a motorized bicycle within one mile of the holder's residence
for the purpose of practicing to take the operator portion of
the examination prescribed by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under 18 years of age
possessing or applying for a motorized bicycle instruction
permit on or after that date.
new text end

Sec. 10.

new text begin [171.056] SCHOOL ATTENDANCE REQUIREMENT FOR
DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, AND
PROVISIONAL LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section
the terms defined in this subdivision have the meanings given
them.
new text end

new text begin (b) "Dismissal" or "dismissed" means a student who is
expelled or excluded under the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56.
new text end

new text begin (c) "Habitual truant" means a person absent from attendance
at school as defined under section 260C.101, subdivision 19.
new text end

new text begin (d) "Public school" means a public school, state approved
alternative program (SAAP), or charter school.
new text end

new text begin (e) "School board" means a public school district school
board, SAAP board, or charter school board of directors.
new text end

new text begin (f) "School principal" means a principal or chief
administrative officer of a public school.
new text end

new text begin Subd. 2. new text end [ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION
PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL LICENSE.] new text begin (a)
Notwithstanding any law to the contrary, except when the
attendance requirement is waived under section 120A.23, school
attendance is a requirement for issuing a new driver's
instruction permit, motorized bicycle permit, or provisional
license or renewing the permit of a person under 18 years old.
The person meets the school attendance requirement when the
person:
new text end

new text begin (1) has a high school diploma or general education
development certificate (GED);
new text end

new text begin (2) has withdrawn from school under section 120A.22,
subdivision 8; or
new text end

new text begin (3)(i) is enrolled and attending a public school; is not
truant; is enrolled and attending a nonpublic school; is
homeschooled; or when absent, is excused according to the public
school attendance policy;
new text end

new text begin (ii) has conformed to all the applicable attendance laws,
rules, and policies; and
new text end

new text begin (iii) is not dismissed from school.
new text end

new text begin (b) A person under 18 years old who applies for a motorized
bicycle permit, instruction permit, or provisional license must
submit information to the Department of Public Safety in the
manner and format it prescribes certifying that the person has
met the requirements of paragraph (a).
new text end

new text begin (c) If applicable, a school principal must certify on the
form under section 13.32, subdivision 8, paragraph (c), a
person's absence from school because the person is a habitual
truant, or the person is dismissed. A public school in its
student attendance policy must give notice to the parent or
guardian and student that it will disclose the absence of a
student to the Department of Public Safety for the purposes of
this section to enable the juvenile justice system to
effectively serve, prior to adjudication, the student whose
absence information because of habitual truancy or dismissal is
released.
new text end

new text begin Subd. 3. new text end

new text begin Cancellation of permit or license. new text end

new text begin (a)
Notwithstanding any law to the contrary, the Department of
Public Safety shall cancel the motorized bicycle permit,
instruction permit, or provisional license of a person under 18
years old when a school principal notifies the department that
the person:
new text end

new text begin (1) is absent from school because the person is a habitual
truant consistent with school district student attendance
policy, is not being homeschooled or attending a nonpublic
school, has not withdrawn from school under section 120A.22,
subdivision 8, and has not obtained a high school diploma or
general education development certificate (GED); or
new text end

new text begin (2) is absent from school because the person has been
dismissed from a public school, is not enrolled and attending
any other public school or nonpublic school, and is not
homeschooled.
new text end

new text begin The public school must release the data to the Department of
Public Safety according to the Family Education Rights and
Privacy Act (FERPA), United States Code, title 20, section
1232g, Code of Federal Regulations, title 34, part 99, and the
Minnesota Data Practices Act, chapter 13.
new text end

new text begin (b) Notwithstanding section 171.14, or other law to the
contrary, the Department of Public Safety shall cancel the
permit or license of a person under 18 years old until the
earliest of:
new text end

new text begin (1) the person becomes 18 years of age; or
new text end

new text begin (2) a school principal notifies the department to reinstate
the person's permit or license because:
new text end

new text begin (i) the person attended school for 120 days after the date
the department issued its cancellation notice or until the end
of the semester during which the person returns to school,
whichever occurs last; or
new text end

new text begin (ii) a school principal at the direction of the school
board, rescinds the person's dismissal.
new text end

new text begin (c) A public school must notify:
new text end

new text begin (1) the Department of Public Safety by any reasonable means
on the form under section 13.32, subdivision 8, paragraph (c);
and
new text end

new text begin (2) five days before notifying the department, the person
and the person's parent or legal guardian by first class mail or
other reasonable means that the person's motorized bicycle
permit, instruction permit, or provisional license will be
canceled and the person may request a hardship waiver from the
person's school district superintendent or the equivalent
administrator of a SAAP or charter school under subdivision 4.
new text end

new text begin The Department of Public Safety shall notify the person
that the person's permit or license has been canceled under
section 171.14.
new text end

new text begin (d) When a person satisfies a requirement for reinstating
driving privileges under paragraph (b), a school principal shall
electronically or by other reasonable means certify to the
department on the form under section 13.32, subdivision 8,
paragraph (c), that the person has satisfied a requirement under
paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Hardship waiver. new text end

new text begin A person whose permit or
provisional license is canceled, or has received notice that the
permit or provisional license will be canceled under this
section may submit to the school district superintendent or the
equivalent administrator of a SAAP or charter school a request
for a hardship waiver hearing in a manner and on a form the
superintendent or administrator prescribes. The superintendent
or administrator must appoint a committee to hear the evidence
and recommend in writing whether or not to cancel the person's
motorized bicycle permit, instruction permit, or provisional
license within seven days after the superintendent or
administrator receives the request. A school principal, the
person whose permit or license is canceled, and the person's
parent or guardian may present evidence. The committee must
submit for a final decision, to the superintendent or equivalent
administrator, within two days of the date of the hearing, its
recommendation, evidence, and other related documents. The
school principal must transmit notice by any reasonable means to
the Department of Public Safety on the form under section 13.32,
subdivision 8, paragraph (c), within seven days after the date
of the hardship hearing indicating whether or not to reinstate
the driving privileges. The decision of the superintendent or
administrator is final.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1,
2005, and applies to all persons under 18 years old possessing
or applying for a motorized bicycle permit, driver's instruction
permit, or provisional license on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 260A.03, is
amended to read:

260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
CONTINUING TRUANT.

Upon a child's initial classification as a continuing
truant, the school attendance officer or other designated school
official shall notify the child's parent or legal guardian, by
first-class mail or other reasonable means, of the following:

(1) that the child is truant;

(2) that the parent or guardian should notify the school if
there is a valid excuse for the child's absences;

(3) that the parent or guardian is obligated to compel the
attendance of the child at school pursuant to section 120A.22
and parents or guardians who fail to meet this obligation may be
subject to prosecution under section 120A.34;

(4) that this notification serves as the notification
required by section 120A.34;

(5) that alternative educational programs and services may
be available in the district;

(6) that the parent or guardian has the right to meet with
appropriate school personnel to discuss solutions to the child's
truancy;

(7) new text begin that the school principal or chief administrative
officer must notify the Department of Public Safety to cancel
the child's driving privileges under section 171.056 when the
child is a habitual truant under section 260C.007, subdivision
19, unless the attendance requirement is waived under section
120A.23. The school principal or chief administrative officer
may release this data to the Department of Public Safety to
assist the juvenile justice system and enable the system to
effectively serve, prior to adjudication, a child who is
habitually truant;
new text end

new text begin (8) new text end that if the child continues to be truant, the parent
and child may be subject to juvenile court proceedings under
chapter 260C;

deleted text begin (8) deleted text end new text begin (9) new text end that if the child is subject to juvenile court
proceedings, the child may be subject to suspension,
restriction, or delay of the child's driving privilege pursuant
to section 260C.201; and

deleted text begin (9) deleted text end new text begin (10) new text end that it is recommended that the parent or guardian
accompany the child to school and attend classes with the child
for one day.

new text begin EFFECTIVE DATE. new text end

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