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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 472-H.F.No. 1744 
           An act relating to education; making technical changes 
          to the definition of a school; providing for limited 
          reporting by a parent providing instruction in a home; 
          prohibiting certain proceedings against a parent 
          providing instruction in a home; establishing a task 
          force to make recommendations about compulsory 
          attendance laws; amending Minnesota Statutes 1984, 
          section 120.10, subdivision 2, and by adding 
          subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 120.10, 
subdivision 2, is amended to read: 
    Subd. 2.  [SCHOOL.] A school, to satisfy the requirements 
of compulsory attendance, must be one:  (1) in which all the 
common branches are taught in the English language, from 
textbooks written in the English language, and taught by 
teachers whose qualifications are essentially equivalent to the 
minimum standards for public school teachers of the same grades 
or subjects and (2) which is in session each school year for at 
least 175 days or their equivalent; provided that.  In a program 
of instruction for children of limited English proficiency, 
instruction and textbooks may be in the primary language of the 
children of limited English proficiency enrolled therein.  Any 
other language may be taught as provided in section 126.07.  As 
used in this subdivision, the terms "children of limited English 
proficiency" and "primary language" shall have the meanings 
ascribed to them in section 126.262. 
    Sec. 2.  Minnesota Statutes 1984, section 120.10, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [REPORTS ABOUT INSTRUCTION IN A HOME.] If a 
parent of a child required to attend school, according to 
subdivision 1, is providing for instruction of the child 
primarily in a home, the parent shall report by October 1 each 
year the name, address, and age of the child to the 
superintendent of the district in which the child resides.  The 
parent shall not be required to report other information to the 
superintendent. 
    Sec. 3.  Minnesota Statutes 1984, section 120.10, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [PROTECTION FOR INSTRUCTION IN A HOME.] A parent 
of a child required to attend school, according to subdivision 
1, may provide for instruction of the child in a home if the 
instruction meets the requirements of subdivision 2.  Civil or 
criminal proceedings shall not be commenced under sections 
120.10, 120.12, 127.20, chapter 260, or similar law against a 
parent complying with this subdivision as a result of providing 
for instruction in a home. 
    Sec. 4.  [COMPULSORY SCHOOL ATTENDANCE TASK FORCE.] 
    By June 1, 1986, the commissioner of education shall 
appoint a task force of 12 members to make recommendations about 
compulsory attendance laws.  At least one member shall be from 
each congressional district.  The task force shall be composed 
of the following:  a parent of a private school pupil, a parent 
of a public school pupil, a home educator, a representative of 
private sectarian schools, a representative of private 
nonsectarian schools, a public school teacher, a public school 
administrator, a representative of a private school accrediting 
association, a representative of the home educators association, 
a representative of the state board of education, a 
representative of the board of teaching, and the commissioner of 
education.  Members of the task force shall receive expenses 
according to Minnesota Statutes, section 15.059, subdivision 6. 
    The task force shall study and make recommendations about 
various issues related to the compulsory attendance law.  Some 
of the issues to be considered are:  standards for pupil 
performance, including satisfactory performance on standardized 
achievement tests; to the extent available, data about pupil 
achievement in various types of schools; alternative ways to 
comply with the definition of a school; accreditation; 
correspondence programs; association with a church or religious 
organization; supervision by teachers; teacher qualifications in 
various types of schools, including licensure and ways to 
determine teacher effectiveness; reporting requirements; methods 
of enforcement; and penalties for noncompliance. 
    The department of education shall provide staff assistance 
to the task force.  
    The state board of education may review and comment upon 
the recommendations of the task force. 
    The task force shall present the recommendations and any 
comments to the education committees of the legislature by 
February 1, 1987. 
    Sec. 5.  [REPEALER.] 
    Sections 2, 3, and 4 are repealed June 30, 1988. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1, 3, and 4 are effective the day following final 
enactment. 
    Approved April 1, 1986