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Minnesota Legislature

Office of the Revisor of Statutes

SF 3574

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 2nd Engrossment

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A bill for an act
relating to education; increasing the age of compulsory attendance from 16 to 18;
amending Minnesota Statutes 2006, sections 120A.22, subdivision 5; 120A.24,
subdivisions 1, 2; 124D.68, subdivision 2; 260C.007, subdivision 19; repealing
Minnesota Statutes 2006, section 120A.22, subdivision 8.

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

Section 1.

Minnesota Statutes 2006, section 120A.22, subdivision 5, is amended to
read:


Subd. 5.

Ages and terms.

(a) Every child between new text beginage new text endseven new text beginor enrollment in first
grade
new text endand deleted text begin16deleted text endnew text begin 18new text end years of age must receive instructionnew text begin unless the child has completed
the requirements for graduation
new text end. Every child under the age of seven who is enrolled in
a half-day kindergarten, or a full-day kindergarten program on alternate days, or other
kindergarten programs shall receive instruction. Except as provided in subdivision 6, a
parent may withdraw a child under the age of seven 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 shall establish at the time of its action the criteria
for determining which children must receive instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2008-2009 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2006, section 120A.24, subdivision 1, is amended to read:


Subdivision 1.

Reports to superintendent.

The person in charge of providing
instruction to a child new text beginbetween the ages of seven and 16 new text endmust submit the following
information to the superintendent of the district in which the child resides:

(1) by October 1 of each school year, the name, birth date, and address of each
child receiving instruction;

(2) the name of each instructor and evidence of compliance with one of the
requirements specified in section 120A.22, subdivision 10;new text begin andnew text end

(3) an annual instructional calendardeleted text begin; deleted text enddeleted text beginand
deleted text end

deleted text begin (4) for each child instructed by a parent who meets only the requirement of section
120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
child in each subject area required in section 120A.22, subdivision 9
deleted text end.
deleted text begindeleted text end

Sec. 3.

Minnesota Statutes 2006, section 120A.24, subdivision 2, is amended to read:


Subd. 2.

Availability of documentation.

The person in charge of providing
instruction to a child must make available documentation indicating that the subjects
required in section 120A.22, subdivision 9, are being taught. This documentation must
include class schedules, copies of materials used for instruction, and descriptions of
methods used to assess student achievementnew text begin and for each child instructed by a parent who
meets only the requirement of section 120A.22, subdivision 10, clause (6), a copy of a
quarterly report card on the achievement of the child in each subject area required in
section 120A.22, subdivision 9
new text end.

Sec. 4.

Minnesota Statutes 2006, section 124D.68, subdivision 2, is amended to read:


Subd. 2.

Eligible pupils.

new text begin(a) new text endA pupil under the age of 21 or who meets the
requirements of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in
the graduation incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truant; or

(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

new text begin (b) A pupil who is between the ages of 16 and 21 who meets the criteria of paragraph
(a), clause (2), (5), or (11), may be assigned to an area learning center by the district only
after consultation with the pupil and their parent.
new text end

Sec. 5.

Minnesota Statutes 2006, section 260C.007, subdivision 19, is amended to read:


Subd. 19.

Habitual truant.

"Habitual truant" means a child under the age of deleted text begin16deleted text end
new text begin 18 new text endyears who is absent from attendance at school without lawful excuse for seven school
days new text beginper school year new text endif the child is in elementary school or for one or more class periods
on seven school days new text beginper school year new text endif the child is in middle school, junior high school,
or high schooldeleted text begin, or a child who is 16 or 17 years of age who is absent from attendance at
school without lawful excuse for one or more class periods on seven school days and who
has not lawfully withdrawn from school under section 120A.22, subdivision 8
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2008-2009 school year and later.
new text end

Sec. 6. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2006, section 120A.22, subdivision 8, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end