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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1987 

                        CHAPTER 178-H.F.No. 432 
           An act relating to education; modifying certain 
          provisions of the compulsory attendance laws; 
          establishing new compulsory attendance requirements; 
          amending Minnesota Statutes 1986, sections 121.11, 
          subdivision 7; 123.935, subdivision 7; 127.19; and 
          127.20; proposing coding for new law in Minnesota 
          Statutes, chapter 120; repealing Minnesota Statutes 
          1986, sections 120.10, subdivisions 1, 2, 2a, and 2b; 
          and 120.12. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [120.101] [COMPULSORY INSTRUCTION.] 
    Subdivision 1.  [PARENTAL RESPONSIBILITY.] The parent of a 
child is primarily responsible for assuring that the child 
acquires knowledge and skills that are essential for effective 
citizenship.  
    Subd. 2.  [APPLICABILITY.] This section and sections 2; 3; 
120.10, subdivisions 3 and 4; 120.11; 120.13; 120.14; 120.15; 
120.16; 127.19; and 127.20 apply only to a child required to 
receive instruction according to subdivision 5 and to 
instruction that is intended to fulfill that requirement.  
    Subd. 3.  [PARENT DEFINED.] In sections 1 to 3, "parent" 
means a parent, guardian, or other person having legal custody 
of a child.  
    Subd. 4.  [SCHOOL DEFINED.] For the purpose of compulsory 
attendance, a "school" means a public school, as defined in 
section 120.05, or a nonpublic school, church or religious 
organization, or home-school in which a child is provided 
instruction in compliance with sections 1 and 2. 
     Subd. 5.  [AGES AND TERMS.] Every child between seven and 
16 years of age shall receive instruction for at least 170 days 
each year.  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 at least equivalent to 170 half days.  A parent may 
withdraw a child under the age of seven from enrollment at any 
time. 
    Subd. 6.  [CURRICULUM.] Instruction must be provided in at 
least the following subject areas:  
    (1) basic communication skills including reading and 
writing, literature, and fine arts; 
    (2) mathematics and science; 
    (3) social studies including history, geography, and 
government; and 
    (4) health and physical education.  
    Instruction, textbooks, and materials must be in the 
English language.  Another language may be used as set forth in 
section 126.07.  
    Subd. 7.  [REQUIREMENTS FOR INSTRUCTORS.] A person who is 
providing instruction to a child must meet at least one of the 
following requirements:  
    (1) hold a valid Minnesota teaching license in the field 
and for the grade level taught; 
    (2) be directly supervised by a person holding a valid 
Minnesota teaching license; 
    (3) successfully complete a teacher competency examination; 
    (4) provide instruction in a school that is accredited by 
an accrediting agency, recognized according to section 123.935, 
subdivision 7, or recognized by the state board of education; 
    (5) hold a baccalaureate degree; or 
    (6) be the parent of a child who is assessed according to 
the procedures in subdivision 8.  
    Any person providing instruction in a public school must 
meet the requirements of clause (1). 
    Subd. 8.  [ASSESSMENT OF PERFORMANCE.] (a) Each year the 
performance of every child 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 6, 
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 7, clauses (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 shall 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 123.935, subdivision 7, 
or recognized by the state board of education, is exempt from 
the requirements of this subdivision.  
    Sec. 2.  [120.102] [REPORTING.] 
    Subdivision 1.  [REPORTS TO SUPERINTENDENT.] The person in 
charge of providing instruction to a child shall 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, age 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 1, subdivision 
7; 
    (3) an annual instructional calendar showing that 
instruction will occur at least 170 days; and 
    (4) for each child instructed by a parent who meets only 
the requirement of section 1, subdivision 7, clause (6), a 
quarterly report card on the achievement of the child in each 
subject area required in section 1, subdivision 6. 
    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 
1, subdivision 6, are being taught.  This documentation must 
include class schedules, copies of materials used for 
instruction, and descriptions of methods used to assess student 
achievement. 
    Subd. 3.  [EXEMPTIONS.] A nonpublic school, person, or 
other institution that is accredited by an accrediting agency, 
recognized according to section 123.935, or recognized by the 
state board of education, is exempt from the requirements in 
subdivisions 1 and 2, except for the requirement in subdivision 
1, clause (1). 
    Subd. 4.  [REPORTS TO THE STATE.] A superintendent shall 
make an annual report to the commissioner of education.  The 
report must include the following information: 
    (1) the number of children residing in the district 
attending nonpublic schools or receiving instruction from 
persons or institutions other than a public school; 
    (2) the number of children in clause (1) who are in 
compliance with section 1 and this section; and 
    (3) the names, ages, and addresses of children whom the 
superintendent has determined are not in compliance with section 
1 and this section.  
    Sec. 3.  [120.103] [ENFORCEMENT AND PROSECUTION.] 
    Subdivision 1.  [ON-SITE VISITS.] A superintendent or the 
superintendent's designee may make an annual on-site visit, at a 
mutually agreed upon time, to an unaccredited nonpublic school, 
home, or other institution where children are receiving 
instruction.  Upon mutual agreement between the parties, the 
superintendent or the superintendent's designee may also visit 
an accredited nonpublic school, person, or other institution 
providing instruction.  The purpose of these visits shall be 
limited to monitoring compliance with the requirements of 
section 1.  If the superintendent determines that there is 
evidence of noncompliance with the requirements of sections 1 
and 2, the superintendent may make additional visits during the 
school year. 
    Subd. 2.  [ALTERNATIVE TO VISITS.] In lieu of the visit 
authorized in subdivision 1, a parent who is providing 
instruction may present the documentation required in section 2, 
subdivision 2, to the superintendent. 
    Subd. 3.  [NOTICE TO PARENTS.] The superintendent shall 
notify the parent, in writing, if a child is alleged to be 
receiving instruction in violation of sections 1 and 2.  The 
written notification shall include a list of the specific 
alleged violations. 
     Subd. 4.  [FACT-FINDING AND MEDIATION.] If the specified 
alleged violations of the compulsory attendance requirements are 
not corrected within 15 days of receipt of the written 
notification, the superintendent shall request fact-finding and 
mediation services from the commissioner of education. 
    Subd. 5.  [NOTICE TO COUNTY ATTORNEY.] If the alleged 
violations are not corrected through the fact-finding and 
mediation process under subdivision 4, the superintendent shall 
notify the county attorney of the alleged violations.  The 
superintendent shall notify the parents, by certified mail, of 
the superintendent's intent to notify the county attorney of the 
alleged violations. 
    Subd. 6.  [CRIMINAL COMPLAINT; PROSECUTION.] The county 
attorney in the county in which the alleged violations have 
occurred has jurisdiction to conduct a prosecution for 
violations of sections 1, 2, or 3.  A criminal complaint may be 
filed in any court in the county exercising criminal 
jurisdiction and shall name the persons neglecting or refusing 
to comply with sections 1, 2, or 3.  After the complaint has 
been filed, a warrant shall be issued and proceedings in trial 
shall commence as provided by law in misdemeanor cases.  
     Sec. 4.  [120.104] [REPORT TO LEGISLATURE.] 
    The commissioner of education shall report to the education 
committees of the legislature by February 1 of each 
even-numbered year on the implementation of the compulsory 
education requirements, including an assessment of the 
activities of the state board of education and the nonpublic 
education council relating to recognizing educational 
accrediting agencies. 
    Sec. 5.  Minnesota Statutes 1986, section 121.11, 
subdivision 7, is amended to read:  
    Subd. 7.  [GENERAL SUPERVISION OVER EDUCATIONAL AGENCIES.] 
The state board of education shall exercise general supervision 
over public schools and public educational agencies in the 
state, classify and standardize public elementary and secondary 
schools, and prepare for them outlines and suggestive courses of 
study.  The board shall establish rules relating to 
examinations, reports, acceptances of schools, courses of study, 
and other proceedings in connection with elementary and 
secondary schools applying for special state aid.  The state 
board may recognize educational accrediting agencies for the 
sole purposes of sections 1, 2, and 3. 
    Sec. 6.  Minnesota Statutes 1986, section 123.935, 
subdivision 7, is amended to read:  
    Subd. 7.  [NONPUBLIC ADVISORY COMMITTEE EDUCATION COUNCIL.] 
By September 1, 1985, The commissioner shall appoint a 15-member 
advisory committee council on nonpublic schools education.  The 
15 members shall be representative of the represent various 
areas of the state, represent various methods of providing 
nonpublic education, and shall be knowledgeable about 
nonpublic schools education.  The compensation, removal of 
members, filling of vacancies, and terms and committee 
expiration date are governed by section 15.059 15.0575.  
The committee council shall advise the commissioner and the 
state board on nonpublic school matters under this section, 
and.  The council may recognize educational accrediting 
agencies, for the sole purpose of sections 1, 2, and 3.  When 
requested by the commissioner or the state board, on the council 
may submit its advice about other nonpublic school matters. 
    Sec. 7.  Minnesota Statutes 1986, section 127.19, is 
amended to read: 
    127.19 [OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.] 
    Any school officer, truant officer, public or nonpublic 
school teacher of a public or private school, school, principal 
or, district superintendent or person providing instruction 
other than a parent refusing, wilfully failing, or neglecting to 
perform any duty imposed by the provisions of law relating to 
the compulsory attendance in school of children of school age 
shall be sections 1 to 3 and 120.10 to 120.16 is guilty of a 
misdemeanor; and, upon conviction thereof, shall be punished for 
each offense by a fine of not to exceed more than $10 or by 
imprisonment in the county jail for not to exceed more than ten 
days.  All such fines, when collected, shall be paid into the 
county treasury for the benefit of the school district in which 
the offense is committed. 
    Sec. 8.  Minnesota Statutes 1986, section 127.20, is 
amended to read: 
    127.20 [VIOLATIONS; PENALTIES.] 
    Any person who shall fail fails or refuse refuses to send 
to or keep in school any provide for instruction of a child of 
whom the person has legal charge or control custody, and who is 
required by law to attend school section 1, subdivision 5, to 
receive instruction, when notified so to do by a truant officer 
or other official as hereinbefore provided, or any person who 
induces or attempts to induce any such child unlawfully to be 
absent from school, or who knowingly harbors or employs, while 
school is in session, any child unlawfully absent from school, 
shall be guilty of a misdemeanor; and, upon conviction 
thereof, shall be punished by a fine of not to exceed more 
than $50, or by imprisonment in the county jail for not more 
than 30 days.  All such fines, when collected, shall be paid 
into the county treasury for the benefit of the school district 
in which the offense is committed. 
    Sec. 9.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes is requested to renumber Minnesota 
Statutes 1986, section 120.10, subdivisions 3 and 4, as 
subdivisions in section 1, and make any necessary 
cross-reference corrections before the next edition of Minnesota 
Statutes is published.  
    Sec. 10.  [REPEALER.] 
    Minnesota Statutes 1986, sections 120.10, subdivisions 1, 
2, 2a, and 2b; and 120.12 are repealed. 
    Approved May 20, 1987