1.1 	A bill for an act
1.2 	relating to children; including socioemotional
1.3 	development in early childhood health and development
1.4 	screening; including possible availability of mental
1.5 	health screening in notice to parents of truant
1.6 	children; amending Minnesota Statutes 2004, sections
1.7 	13.32, subdivision 2; 121A.17, subdivisions 1, 3, by
1.8 	adding a subdivision; 121A.19; 125A.02, subdivision 1;
1.9 	260A.03; 260A.04, subdivisions 2, 3.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 13.32,
1.12 	subdivision 2, is amended to read:
1.13 		Subd. 2.Student health and census data; data on
1.14 	parents.  (a) Health data concerning students, including but not
1.15 	limited to, data concerning immunizations, notations of special
1.16 	physical or mental problems and records of school nurses are
1.17 	educational data.  Access by parents to student health data
1.18 	shall be pursuant to section 13.02, subdivision 8.
1.19 	(b) Pupil census data, including emergency information and
1.20 	family information are educational data.
1.21 	(c) Results from student mental health screenings must not
1.22 	be maintained in the student record.
1.23 	(d) Data concerning parents are private data on individuals
1.24 	but may be treated as directory information if the same
1.25 	procedures that are used by a school district to designate
1.26 	student data as directory information under subdivision 5 are
1.27 	followed.

2.1 	Sec. 2. Minnesota Statutes 2004, section 121A.17,
2.2 	subdivision 1, is amended to read:
2.3 		Subdivision 1.Early childhood developmental screening.
 2.4 	Every school board must provide for a mandatory program of early
2.5 	childhood developmental screening for children once before
2.6 	school entrance, targeting children who are between ~~3-1/2~~ three 
2.7 	and four years old.  This screening program must be established
2.8 	either by one board, by two or more boards acting in
2.9 	cooperation, by service cooperatives, by early childhood family
2.10 	education programs, or by other existing programs.  This
2.11 	screening examination is a mandatory requirement for a student
2.12 	to continue attending kindergarten or first grade in a public
2.13 	school.  A child need not submit to developmental screening
2.14 	provided by a board if the child's health records indicate to
2.15 	the board that the child has received comparable developmental
2.16 	screening from a public or private health care organization or
2.17 	individual health care provider.  Districts are encouraged to
2.18 	reduce the costs of preschool developmental screening programs
2.19 	by utilizing volunteers in implementing the program.

2.20 	Sec. 3. Minnesota Statutes 2004, section 121A.17,
2.21 	subdivision 3, is amended to read:
2.22 		Subd. 3.Screening program.  (a) A screening program must
2.23 	include at least the following components:  developmental
2.24 	assessments, a socioemotional development screening,hearing and
2.25 	vision screening or referral, immunization review and referral,
2.26 	the child's height and weight, identification of risk factors
2.27 	that may influence learning, an interview with the parent about
2.28 	the child, and referral for assessment, diagnosis, and treatment
2.29 	when potential needs are identified.  The district and the
2.30 	person performing or supervising the screening must provide a
2.31 	parent or guardian with clear written notice that the parent or
2.32 	guardian may decline to answer questions or provide information
2.33 	about family circumstances that might affect development and
2.34 	identification of risk factors that may influence learning.  The
2.35 	notice must clearly state that declining to answer questions or
2.36 	provide information does not prevent the child from being
3.1 	enrolled in kindergarten or first grade if all other screening
3.2 	components are met.  If a parent or guardian is not able to read
3.3 	and comprehend the written notice, the district and the person
3.4 	performing or supervising the screening must convey the
3.5 	information in another manner.  The notice must also inform the
3.6 	parent or guardian that a child need not submit to the district
3.7 	screening program if the child's health records indicate to the
3.8 	school that the child has received comparable developmental
3.9 	screening performed within the preceding 365 days by a public or
3.10 	private health care organization or individual health care
3.11 	provider.  The notice must be given to a parent or guardian at
3.12 	the time the district initially provides information to the
3.13 	parent or guardian about screening and must be given again at
3.14 	the screening location.
3.15 	(b) (1) The socioemotional development screening shall be
3.16 	conducted with a screening instrument approved by the
3.17 	commissioner of human services, as the designated state mental
3.18 	health authority, according to criteria that are updated and
3.19 	issued annually to ensure that approved screening instruments
3.20 	are valid and useful for this population.
3.21 	(2) All other screening components shall be consistent with
3.22 	the standards of the state commissioner of health for early
3.23 	developmental screening programs.  A developmental screening
3.24 	program must not provide laboratory tests or a physical
3.25 	examination to any child.  The district must request from the
3.26 	public or private health care organization or the individual
3.27 	health care provider the results of any laboratory test or
3.28 	physical examination within the 12 months preceding a child's
3.29 	scheduled screening.
3.30 	(c) If a child is without health coverage, the school
3.31 	district must refer the child to an appropriate health care
3.32 	provider.
3.33 	(d) A board may offer additional components such as
3.34 	nutritional, physical and dental assessments, review of family
3.35 	circumstances that might affect development, blood pressure,
3.36 	laboratory tests, and health history.
4.1 	(e) If a statement signed by the child's parent or guardian
4.2 	is submitted to the administrator or other person having general
4.3 	control and supervision of the school that the child has not
4.4 	been screened because of conscientiously held beliefs of the
4.5 	parent or guardian, the screening is not required.

4.6 	Sec. 4. Minnesota Statutes 2004, section 121A.17, is
4.7 	amended by adding a subdivision to read:
4.8 		Subd. 4a.Follow-up socioemotional development
4.9 	screening. If the results of a school district-conducted
4.10 	socioemotional development screening of a child indicates a need
4.11 	for further assessment, the district is not financially
4.12 	responsible for a mental health diagnostic assessment.  The
4.13 	district may notify a child's parents or guardians of the
4.14 	screening results, and may provide referrals to community
4.15 	providers.  If a child is without health coverage, the district
4.16 	must refer the child to an appropriate health care provider.
4.17 	This subdivision does not preclude the district from providing
4.18 	educational assessments.

4.19 	Sec. 5. Minnesota Statutes 2004, section 121A.19, is
4.20 	amended to read:
4.21 	121A.19 DEVELOPMENTAL SCREENING AID.
4.22 	Each school year, for each child screened according to the
4.23 	requirements of section 121A.17,the state must pay a district
4.24 	~~$40~~ $50 for each child screened ~~according to the requirements of~~
4.25 	~~section 121A.17~~at age three, $40 for each child screened at
4.26 	ages two and four, and $30 for each child screened at age five
4.27 	and older.  If this amount of aid is insufficient, the district
4.28 	may permanently transfer from the general fund an amount that,
4.29 	when added to the aid, is sufficient.

4.30 	Sec. 6. Minnesota Statutes 2004, section 125A.02,
4.31 	subdivision 1, is amended to read:
4.32 		Subdivision 1.Child with a disability.  Every child who
4.33 	has a hearing impairment, visual disability, speech or language
4.34 	impairment, physical handicap, other health impairment, mental
4.35 	handicap, emotional/behavioral disorder, specific learning
4.36 	disability, autism, traumatic brain injury, multiple
5.1 	disabilities, or deaf/blind disability and needs special
5.2 	instruction and services, as determined by the standards of the
5.3 	commissioner, is a child with a disability.  In addition, every
5.4 	child under age three, and at local district discretion from age
5.5 	three to age seven, who needs special instruction and services,
5.6 	as determined by the standards of the commissioner, because the
5.7 	child has a substantial delay, emotional disturbance,or has an
5.8 	identifiable physical or mental condition known to hinder normal
5.9 	development is a child with a disability.

5.10 	Sec. 7. Minnesota Statutes 2004, section 260A.03, is
5.11 	amended to read:
5.12 	260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
5.13 	CONTINUING TRUANT.
5.14 	Upon a child's initial classification as a continuing
5.15 	truant, the school attendance officer or other designated school
5.16 	official shall notify the child's parent or legal guardian, by
5.17 	first-class mail or other reasonable means, of the following:
5.18 	(1) that the child is truant;
5.19 	(2) that the parent or guardian should notify the school if
5.20 	there is a valid excuse for the child's absences;
5.21 	(3) that the parent or guardian is obligated to compel the
5.22 	attendance of the child at school pursuant to section 120A.22
5.23 	and parents or guardians who fail to meet this obligation may be
5.24 	subject to prosecution under section 120A.34;
5.25 	(4) that this notification serves as the notification
5.26 	required by section 120A.34;
5.27 	(5) that alternative educational programs and services may
5.28 	be available in the district;
5.29 	(6) that an assessment for underlying issues that are
5.30 	contributing to the child's truant behavior, including a mental
5.31 	health screening, may be available;
5.32 	~~(6)~~ (7) that the parent or guardian has the right to meet
5.33 	with appropriate school personnel to discuss solutions to the
5.34 	child's truancy;
5.35 	~~(7)~~ (8) that if the child continues to be truant, the
5.36 	parent and child may be subject to juvenile court proceedings
6.1 	under chapter 260C;
6.2 	~~(8)~~ (9) that if the child is subject to juvenile court
6.3 	proceedings, the child may be subject to suspension,
6.4 	restriction, or delay of the child's driving privilege pursuant
6.5 	to section 260C.201; and
6.6 	~~(9)~~ (10) that it is recommended that the parent or guardian
6.7 	accompany the child to school and attend classes with the child
6.8 	for one day.

6.9 	Sec. 8. Minnesota Statutes 2004, section 260A.04,
6.10 	subdivision 2, is amended to read:
6.11 		Subd. 2.Community-based action projects.  Schools,
6.12 	community agencies, law enforcement, parent associations, and
6.13 	other interested groups may cooperate to provide coordinated
6.14 	intervention, prevention, and educational services for truant
6.15 	students and their families.  Services may include:
6.16 	(1) assessment for underlying issues that are contributing
6.17 	to the child's truant behavior including a mental health
6.18 	screening;
6.19 	(2) referral to other community-based services for the
6.20 	child and family, such as individual or family counseling,
6.21 	educational testing, psychological evaluations, tutoring,
6.22 	mentoring, and mediation;
6.23 	(3) transition services to integrate the child back into
6.24 	school and to help the child succeed once there;
6.25 	(4) culturally sensitive programming and staffing; and
6.26 	(5) increased school response, including in-school
6.27 	suspension, better attendance monitoring and enforcement,
6.28 	after-school study programs, classroom modifications and
6.29 	accommodations,and in-service training for teachers and staff.

6.30 	Sec. 9. Minnesota Statutes 2004, section 260A.04,
6.31 	subdivision 3, is amended to read:
6.32 		Subd. 3.Truancy service centers.  (a) Truancy service
6.33 	centers may be established as facilities to receive truant
6.34 	students from peace officers and probation officers and provide
6.35 	other appropriate services.  A truancy service center may:
6.36 	(1) assess a truant student's attendance situation,
7.1 	including enrollment status, verification of truancy, and school
7.2 	attendance history;
7.3 	(2) assist in coordinating intervention efforts where
7.4 	appropriate, including checking with juvenile probation and
7.5 	children and family services to determine whether an active case
7.6 	is pending and facilitating transfer to an appropriate facility,
7.7 	if indicated; and evaluating the need for and making referral to
7.8 	a health clinic, mental health provider,chemical dependency
7.9 	treatment, protective services, social or recreational programs,
7.10 	or other school or community-based services and programs
7.11 	described in subdivision 2;
7.12 	(3) contact the parents or legal guardian of the truant
7.13 	student and release the truant student to the custody of the
7.14 	parents, guardian, or other suitable person; and
7.15 	(4) facilitate the student's earliest possible return to
7.16 	school.
7.17 	(b) Truancy service centers may not accept:
7.18 	(1) juveniles taken into custody for violations of law that
7.19 	would be crimes if committed by adults;
7.20 	(2) intoxicated juveniles;
7.21 	(3) ill or injured juveniles; or
7.22 	(4) juveniles older than mandatory school attendance age.
7.23 	(c) Truancy service centers may expand their service
7.24 	capability in order to receive curfew violators and take
7.25 	appropriate action, such as coordination of intervention
7.26 	efforts, contacting parents, and developing strategies to ensure
7.27 	that parents assume responsibility for their children's curfew
7.28 	violations.