Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 2263

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 04:05pm

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

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2
2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23
2.24
2.25 2.26 2.27 2.28 2.29 2.30 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14
3.15
3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6
4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20
4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9
5.10
5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19
5.20

A bill for an act
relating to education; modifying compulsory instruction requirements; requiring
school districts to offer kindergarten; amending Minnesota Statutes 2018, sections
120A.22, subdivisions 5, 6, 11; 120A.24, subdivision 1; 123A.64; 124D.02,
subdivision 1; 126C.126.

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

Section 1.

Minnesota Statutes 2018, section 120A.22, subdivision 5, is amended to read:


Subd. 5.

Ages and terms.

(a) Every child between deleted text beginsevendeleted text endnew text begin sixnew text end and 17 years of age must
receive instruction unless the child has graduated. Every child under the age of deleted text beginsevendeleted text endnew text begin sixnew text end
who is enrolled in deleted text begina half-daydeleted text end kindergartendeleted text begin, or a full-day kindergarten program on alternate
days, or other kindergarten programs shall
deleted text endnew text begin mustnew text end receive instructionnew text begin for the hours established
for that program
new text end. Except as provided in subdivision 6, a parent may withdraw a child under
the age of deleted text beginsevendeleted text endnew text begin sixnew text end from enrollment at any time.

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school deleted text beginshalldeleted text endnew text begin mustnew text end establish at the time of its action the
criteria for determining which children must receive instruction.

(c) A pupil 16 years of age or older who meets the criteria of section 124D.68, subdivision
2, and under clause (5) of that subdivision has been excluded or expelled from school or
under clause (11) of that subdivision has been chronically truant may be referred to an area
learning center. Such referral may be made only after consulting the principal, area learning
center director, student, and parent or guardian and only if, in the school administrator's
professional judgment, the referral is in the best educational interest of the pupil. Nothing
in this paragraph limits a pupil's eligibility to apply to enroll in other eligible programs
under section 124D.68.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120A.22, subdivision 6, is amended to read:


Subd. 6.

Children under deleted text beginsevendeleted text endnew text begin age sixnew text end.

(a) Once a pupil under the age of deleted text beginsevendeleted text endnew text begin sixnew text end is
enrolled in kindergarten or a higher grade in a public school, the pupil is subject to the
compulsory attendance provisions of this chapter and section 120A.34deleted text begin, unless the board of
the district in which the pupil is enrolled has a policy that exempts children under seven
from this subdivision
deleted text end.

(b) In a district in which children under deleted text beginsevendeleted text endnew text begin the age of sixnew text end are subject to compulsory
attendance under this subdivision, paragraphs (c) to (e) apply.

(c) A parent or guardian may withdraw the pupil from enrollment in the school for good
cause by notifying the district. Good cause includes, but is not limited to, enrollment of the
pupil in another school, as defined in subdivision 4, or the immaturity of the child.

(d) When the pupil enrolls, the enrolling official must provide the parent or guardian
who enrolls the pupil with a written explanation of the provisions of this subdivision.

(e) A pupil under the age of deleted text beginsevendeleted text endnew text begin sixnew text end who is withdrawn from enrollment in the public
school under paragraph (c) is no longer subject to the compulsory attendance provisions of
this chapter.

(f) In a district that had adopted a policy to exempt children under deleted text beginsevendeleted text endnew text begin the age of sixnew text end
from this subdivision, the district's chief attendance officer must keep the truancy enforcement
authorities supplied with a copy of the board's current policy certified by the clerk of the
board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2018, section 120A.22, subdivision 11, is amended to read:


Subd. 11.

Assessment of performance.

(a) Each year the performance of every child
ages deleted text beginsevendeleted text endnew text begin sixnew text end through 16 and every child ages 16 through 17 for which an initial report
was filed pursuant to section 120A.24, subdivision 1, after the child is 16 and who is not
enrolled in a public school must be assessed using a nationally norm-referenced standardized
achievement examination. The superintendent of the district in which the child receives
instruction and the person in charge of the child's instruction must agree about the specific
examination to be used and the administration and location of the examination.

(b) To the extent the examination in paragraph (a) does not provide assessment in all of
the subject areas in subdivision 9, the parent must assess the child's performance in the
applicable subject area. This requirement applies only to a parent who provides instruction
and does not meet the requirements of subdivision 10, clause (1), (2), or (3).

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's
performance on the total battery score is at or below the 30th percentile or one grade level
below the performance level for children of the same age, the parent must obtain additional
evaluation of the child's abilities and performance for the purpose of determining whether
the child has learning problems.

(d) A child receiving instruction from a nonpublic school, person, or institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or recognized
by the commissioner, is exempt from the requirements of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2018, section 120A.24, subdivision 1, is amended to read:


Subdivision 1.

Reports to superintendent.

(a) The person or nonpublic school in charge
of providing instruction to a child must submit to the superintendent of the district in which
the child resides the name, birth date, and address of the child; the annual tests intended to
be used under section 120A.22, subdivision 11, if required; the name of each instructor;
and evidence of compliance with one of the requirements specified in section 120A.22,
subdivision 10
:

(1) by October 1 of the first school year the child receives instruction after reaching the
age of deleted text beginsevendeleted text endnew text begin sixnew text end;

(2) within 15 days of when a parent withdraws a child from public school after age deleted text beginsevendeleted text endnew text begin
six
new text end to provide instruction in a nonpublic school that is not accredited by a state-recognized
accredited agency;

(3) within 15 days of moving out of a district; and

(4) by October 1 after a new resident district is established.

(b) The person or nonpublic school in charge of providing instruction to a child between
the ages of deleted text beginsevendeleted text endnew text begin sixnew text end and 16 and every child ages 16 through 17 for which an initial report
was filed pursuant to this subdivision after the child is 16 must submit, by October 1 of each
school year, a letter of intent to continue to provide instruction under this section for all
students under the person's or school's supervision and any changes to the information
required in paragraph (a) for each student.

(c) The superintendent may collect the required information under this section through
an electronic or web-based format, but must not require electronic submission of information
under this section from the person in charge of reporting under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2018, section 123A.64, is amended to read:


123A.64 DUTY TO MAINTAIN ELEMENTARY AND SECONDARY SCHOOLS.

Each district must maintain classified elementary and secondary schools, deleted text begingrades 1deleted text endnew text begin
kindergarten
new text end throughnew text begin gradenew text end 12, unless the district is exempt according to section 123A.61
or 123A.62, has made an agreement with another district or districts as provided in sections
123A.30, 123A.32, or sections 123A.35 to 123A.43, or 123A.17, subdivision 7, has received
a grant under sections 123A.441 to 123A.445, or has formed a cooperative under section
123A.482. A district that has an agreement according to sections 123A.35 to 123A.43 or
123A.32 must operate a school with the number of grades required by those sections. A
district that has an agreement according to section 123A.30 or 123A.17, subdivision 7, or
has received a grant under sections 123A.441 to 123A.445 must operate a school for the
grades not included in the agreement, but not fewer than three grades.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2018, section 124D.02, subdivision 1, is amended to read:


Subdivision 1.

Kindergarten instruction.

new text begin(a) new text endThe board deleted text beginmay establish and maintain
one or more kindergartens for the instruction of children and after July 1, 1974, shall
deleted text endnew text begin mustnew text end
provide kindergarten instruction deleted text beginfordeleted text endnew text begin free of charge tonew text end all eligible childrendeleted text begin, eitherdeleted text end in the
district deleted text beginor in another districtdeleted text end. deleted text beginAll children to be eligible for kindergarten must bedeleted text endnew text begin A child is
eligible for kindergarten if the child is
new text end at least five years of age on September 1 of the
calendar year in which the school year commencesdeleted text begin. In addition all children selecteddeleted text endnew text begin, or is
admitted
new text end under an early admissions policy established by the school board deleted text beginmay be admitteddeleted text end.

new text begin (b)new text end If established, a board-adopted early admissions policy must describe the process
and procedures for comprehensive evaluation in cognitive, social, and emotional
developmental domains to help determine the child's ability to meet kindergarten grade
expectations and progress to first grade in the subsequent year. The comprehensive evaluation
must use valid and reliable instrumentation, be aligned with state kindergarten expectations,
and include a parent report and teacher observations of the child's knowledge, skills, and
abilities. The early admissions policy must be made available to parents in an accessible
format and is subject to review by the commissioner of education. The evaluation is subject
to section 127A.41.

new text begin (c)new text end Nothing in this section shall prohibit a school district from establishing Head Start,
prekindergarten, or nursery school classes for children below kindergarten age. Any school
board with evidence that providing kindergarten will cause an extraordinary hardship on
the school district may apply to the commissioner of education for an exception.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2018, section 126C.126, is amended to read:


126C.126 USE OF GENERAL EDUCATION REVENUE FOR deleted text beginALL-DAYdeleted text end
KINDERGARTEN AND PREKINDERGARTEN.

A school district may spend general education revenue on extended time kindergarten
and prekindergarten programs. At the school board's discretion, the district may use revenue
generated by the deleted text beginall-daydeleted text end kindergarten pupil count under section 126C.05, subdivision 1,
paragraph (d), to meet the needs of three- and four-year-olds in the district. deleted text beginA school district
may not use these funds on programs for three- and four-year-old children while maintaining
a fee-based all-day kindergarten program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2020-2021 school year and later.
new text end