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Minnesota Legislature

Office of the Revisor of Statutes

SF 3239

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2018 09:50am

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

Current Version - as introduced

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A bill for an act
relating to education; modifying exemptions from compulsory school attendance;
amending Minnesota Statutes 2016, section 120A.22, subdivision 12.

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

Section 1.

Minnesota Statutes 2016, section 120A.22, subdivision 12, is amended to read:


Subd. 12.

Legitimate exemptions.

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

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

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

(ii) family emergencies;

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

deleted text begin (iv) active duty in any military branch of the United States;
deleted text end

deleted text begin (v)deleted text endnew text begin (iv)new text end the child has a condition that requires ongoing treatment for a mental health
diagnosis; or

deleted text begin (vi)deleted text endnew text begin (v)new text end other exemptions included in the district's school attendance policy;

new text begin (2) that the child's parent, guardian, or other person having control of the child is in
active duty in any branch of the United States armed forces;
new text end

new text begin (3) that the child is participating in any activity necessary for the child to join any branch
of the United States armed forces and may be excused for up to three days for such purpose;
new text end

deleted text begin (2)deleted text endnew text begin (4)new text end that the child has already completed state and district standards required for
graduation from high school; or

deleted text begin (3)deleted text endnew text begin (5)new text end that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three hours
in any week, a school for religious instruction conducted and maintained by some church,
or association of churches, or any Sunday school association incorporated under the laws
of this state, or any auxiliary thereof. This school for religious instruction must be conducted
and maintained in a place other than a public school building, and it must not, in whole or
in part, be conducted and maintained at public expense. However, a child may be absent
from school on such days as the child attends upon instruction according to the ordinances
of some church.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end