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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1989 

                        CHAPTER 296-H.F.No. 996 
           An act relating to education; allowing a school board 
          to compel attendance of enrolled pupils under the age 
          of seven; making conforming changes; amending 
          Minnesota Statutes 1988, sections 120.101, subdivision 
          5, and by adding a subdivision; and 127.20.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 120.101, 
subdivision 5, is amended to read: 
    Subd. 5.  [AGES AND TERMS.] For the 1988-1989 school year 
and the school years thereafter, every child between seven and 
16 years of age shall receive instruction for at least 170 days 
each year.  For the 2000-2001 school year and later school 
years, every child between seven and 18 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.  Except as provided in 
section 2, a parent may withdraw a child under the age of seven 
from enrollment at any time. 
    Sec. 2.  Minnesota Statutes 1988, section 120.101, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [OPTIONAL BOARD POLICY.] A school board may 
require in a policy that once a pupil under the age of seven is 
enrolled in a public school, the pupil is subject to the 
compulsory attendance provisions of this chapter and to section 
127.20.  A dispute resolution process that involves a neutral 
third party facilitator for resolving disputes between parents 
and a school district must be included in a school board policy. 
    In a school district with the policy, paragraphs (a) to (d) 
apply.  
    (a) A parent or guardian may withdraw the pupil from 
enrollment in the school only for good cause determined by the 
school board or its designee; good cause includes, but is not 
limited to, enrollment of the pupil in another school, the 
developmental immaturity of the child, or significant family 
stress. 
    (b) When the pupil enrolls, the enrolling official must 
provide the parent or guardian who enrolls the pupil with a copy 
of the school board's current policy.  At the time of 
enrollment, the enrolling parent or guardian must sign a receipt 
for the copy and a statement saying that they have read and 
understood the enrollment policy.  The receipt and the signed 
statement must be filed with the pupil's school records.  
    (c) At all times, the school district's chief attendance 
officer must keep the truant enforcement authorities supplied 
with a copy of the school board's current policy certified by 
the clerk of the school board.  A photocopy of the certified 
copy is prima facie evidence of the current policy in all courts 
and proceedings.  
     (d) A pupil under the age of seven who is withdrawn from 
enrollment in the public school is no longer subject to the 
compulsory attendance provisions of this chapter. 
    Sec. 3.  Minnesota Statutes 1988, section 127.20, is 
amended to read: 
    127.20 [VIOLATIONS; PENALTIES.] 
    Any person who fails or refuses to provide for instruction 
of a child of whom the person has legal custody, and who is 
required by section 120.101, subdivision 5, or by a policy 
adopted under section 2 to receive instruction, when notified so 
to do by a truant officer or other official, 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, shall be 
punished by a fine of not more than $50, or by imprisonment for 
not more than 30 days.  All fines, when collected, shall be paid 
into the county treasury for the benefit of the school district 
in which the offense is committed. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 5:45 p.m.