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SF 19

as introduced - 89th Legislature (2015 - 2016) Posted on 01/08/2015 04:00pm

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; increasing the compulsory attendance age; amending
Minnesota Statutes 2014, sections 120A.22, subdivisions 5, 8, 11; 120A.24,
subdivision 1; 124D.03, subdivision 12; 260C.007, subdivision 19.

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

Section 1.

Minnesota Statutes 2014, section 120A.22, subdivision 5, is amended to read:


Subd. 5.

Ages and terms.

(a) Every child between seven and deleted text begin 17deleted text end new text begin 18new text end years of age must
receive instruction unless the child has graduated. 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.

(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 2015-2016 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 120A.22, subdivision 8, is amended to read:


Subd. 8.

Withdrawal from school.

Any student who is deleted text begin 17deleted text end new text begin 18new text end years old who seeks
to withdraw from school, and the student's parent or guardian must:

(1) attend a meeting with school personnel to discuss the educational opportunities
available to the student, including alternative educational opportunities; and

(2) sign a written election to withdraw from school.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 120A.22, subdivision 11, is amended to read:


Subd. 11.

Assessment of performance.

(a) Each year the performance of every
child ages seven through 16 and every child ages 16 through deleted text begin 17deleted text end new text begin 18new text end 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 2015-2016 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, 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 seven;

(2) within 15 days of when a parent withdraws a child from public school after
age seven 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 seven and 16 and every child ages 16 through deleted text begin 17deleted text end new text begin 18new text end 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 2015-2016 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 124D.03, subdivision 12, is amended to read:


Subd. 12.

Termination of enrollment.

A district may terminate the enrollment
of a nonresident student enrolled under this section or section 124D.08 at the end of a
school year if the student meets the definition of a habitual truant under section 260C.007,
subdivision 19
, the student has been provided appropriate services under chapter 260A,
and the student's case has been referred to juvenile court. A district may also terminate the
enrollment of a nonresident student over the age of deleted text begin 17deleted text end new text begin 18new text end enrolled under this section if the
student is absent without lawful excuse for one or more periods on 15 school days and has
not lawfully withdrawn from school under section 120A.22, subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2014, section 260C.007, subdivision 19, is amended to read:


Subd. 19.

Habitual truant.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end