SF 2963

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to truancy; modifying procedures for school 
  1.3             attendance review boards; authorizing direct referrals 
  1.4             to the county attorney or other authority; amending 
  1.5             Minnesota Statutes 1996, sections 260.131, subdivision 
  1.6             1b; 260.132, subdivision 1; 260A.05, subdivision 2; 
  1.7             and 260A.06. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 260.131, 
  1.10  subdivision 1b, is amended to read: 
  1.11     Subd. 1b.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
  1.12  HABITUAL TRUANT.] If there is a school attendance review board 
  1.13  or county attorney mediation program operating in the child's 
  1.14  school district, a petition alleging that a child is in need of 
  1.15  protection or services as a habitual truant under section 
  1.16  260.015, subdivision 2a, clause (12), may not be filed until the 
  1.17  applicable procedures under section 260A.06 or 260A.07 have been 
  1.18  exhausted followed. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 260.132, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [NOTICE.] When a peace officer, or 
  1.22  attendance officer in the case of a habitual truant, has 
  1.23  probable cause to believe that a child: 
  1.24     (1) is in need of protection or services under section 
  1.25  260.015, subdivision 2a, clause (11) or (12); 
  1.26     (2) is a juvenile petty offender; or 
  2.1      (3) has committed a delinquent act that would be a petty 
  2.2   misdemeanor or misdemeanor if committed by an adult; 
  2.3   the officer may issue a notice to the child to appear in 
  2.4   juvenile court in the county in which the child is found or in 
  2.5   the county of the child's residence or, in the case of a 
  2.6   juvenile petty offense, or a petty misdemeanor or misdemeanor 
  2.7   delinquent act, the county in which the offense was committed.  
  2.8   If there is a school attendance review board or county attorney 
  2.9   mediation program operating in the child's school district, a 
  2.10  notice to appear in juvenile court for a habitual truant may not 
  2.11  be issued until the applicable procedures under section 260A.06 
  2.12  or 260A.07 have been exhausted followed.  The officer shall file 
  2.13  a copy of the notice to appear with the juvenile court of the 
  2.14  appropriate county.  If a child fails to appear in response to 
  2.15  the notice, the court may issue a summons notifying the child of 
  2.16  the nature of the offense alleged and the time and place set for 
  2.17  the hearing.  If the peace officer finds it necessary to take 
  2.18  the child into custody, sections 260.165 and 260.171 shall apply.
  2.19     Sec. 3.  Minnesota Statutes 1996, section 260A.05, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [GENERAL POWERS AND DUTIES.] A school attendance 
  2.22  review board shall prepare an annual plan to promote interagency 
  2.23  and community cooperation and to reduce duplication of services 
  2.24  for students with school attendance problems.  The plan shall 
  2.25  include a description of truancy procedures and services 
  2.26  currently in operation within the board's jurisdiction, 
  2.27  including the programs and services under section 260A.04.  A 
  2.28  board may provide consultant services to, and coordinate 
  2.29  activities of, truancy programs and services.  If a board 
  2.30  determines that it will be unable to provide services for all 
  2.31  truant students who are referred to it, the board shall 
  2.32  establish procedures and criteria for determining whether to 
  2.33  accept referrals of students or refer them for other appropriate 
  2.34  action. 
  2.35     Sec. 4.  Minnesota Statutes 1996, section 260A.06, is 
  2.36  amended to read: 
  3.1      260A.06 [REFERRAL OF TRUANT STUDENTS TO SCHOOL ATTENDANCE 
  3.2   REVIEW BOARD.] 
  3.3      Subdivision 1.  [REFERRAL; NOTICE.] An attendance officer 
  3.4   or other school official may refer a student who is a continuing 
  3.5   truant to the school attendance review board.  The person making 
  3.6   the referral shall provide a written notice by first class mail 
  3.7   or other reasonable means to the student and the student's 
  3.8   parent or legal guardian.  The notice must: 
  3.9      (1) include the name and address of the board to which the 
  3.10  student has been referred and the reason for the referral; and 
  3.11     (2) indicate that the student, the parent or legal 
  3.12  guardian, and the referring person will meet with the board to 
  3.13  determine a proper disposition of the referral, unless the board 
  3.14  refers the student directly to the county attorney or for other 
  3.15  appropriate legal action. 
  3.16     Subd. 2.  [MEETING; COMMUNITY SERVICES.] (a) Except as 
  3.17  provided in paragraph (b), the school attendance review board 
  3.18  shall schedule the meeting described in subdivision 1 and 
  3.19  provide notice of the meeting by first class mail or other 
  3.20  reasonable means to the student, parent or guardian, and 
  3.21  referring person.  If the board determines that available 
  3.22  community services may resolve the attendance problems of the 
  3.23  truant student, the board shall refer the student or the 
  3.24  student's parent or guardian to participate in the community 
  3.25  services.  The board may develop an agreement with the student 
  3.26  and parent or guardian that specifies the actions to be taken.  
  3.27  The board shall inform the student and parent or guardian that 
  3.28  failure to comply with any agreement or to participate in 
  3.29  appropriate community services will result in a referral to the 
  3.30  county attorney under subdivision 3.  The board may require the 
  3.31  student or parent or guardian to provide evidence of 
  3.32  participation in available community services or compliance with 
  3.33  any agreement. 
  3.34     (b) A school attendance review board may refer a student 
  3.35  directly to the county attorney or for other appropriate legal 
  3.36  action under subdivision 3 if it has established procedures and 
  4.1   criteria for these referrals. 
  4.2      Subd. 3.  [REFERRAL TO COUNTY ATTORNEY; OTHER APPROPRIATE 
  4.3   ACTION.] If the school attendance review board determines that 
  4.4   available community services cannot resolve the attendance 
  4.5   problems of the truant student or, if the student or the parent 
  4.6   or guardian has failed to comply with any referrals or 
  4.7   agreements under subdivision 2 or to otherwise cooperate with 
  4.8   the board, or if the board determines that a student should be 
  4.9   referred directly under this subdivision, the board may: 
  4.10     (1) refer the matter to the county attorney under section 
  4.11  260A.07, if the county attorney has elected to participate in 
  4.12  the truancy mediation program; or 
  4.13     (2) if the county attorney has not elected to participate 
  4.14  in the truancy mediation program, refer the matter for 
  4.15  appropriate legal action against the child or the child's parent 
  4.16  or guardian under chapter 260 or section 127.20.