1997 Minnesota Statutes

     123.702 School board responsibilities. 

    Subdivision 1.  Every school board shall provide for a 
 mandatory program of early childhood developmental screening for 
 children once before school entrance, targeting children who are 
 between 3-1/2 and four years old.  This screening program shall 
 be established either by one board, by two or more boards acting 
 in cooperation, by service cooperatives, by early childhood 
 family education programs, or by other existing programs.  This 
 screening examination is a mandatory requirement for a student 
 to continue attending kindergarten or first grade in a public 
 school.  A child need not submit to developmental screening 
 provided by a school board if the child's health records 
 indicate to the school board that the child has received 
 comparable developmental screening from a public or private 
 health care organization or individual health care provider.  
 The school districts are encouraged to reduce the costs of 
 preschool developmental screening programs by utilizing 
 volunteers in implementing the program.  

    Subd. 1a.  A child must not be enrolled in kindergarten in 
 a public school unless the parent or guardian of the child 
 submits to the school principal or other person having general 
 control and supervision of the school a record indicating the 
 months and year the child received developmental screening and 
 the results of the screening not later than 30 days after the 
 first day of attendance.  If a child is transferred from one 
 kindergarten to another, the parent or guardian of the child 
 must be allowed 30 days to submit the child's record, during 
 which time the child may attend school. 

    Subd. 1b.  (a) A screening program shall include at least 
 the following components:  developmental assessments, hearing 
 and vision screening or referral, immunization review and 
 referral, the child's height and weight, identification of risk 
 factors that may influence learning, an interview with the 
 parent about the child, and referral for assessment, diagnosis, 
 and treatment when potential needs are identified.  The school 
 district and the person performing or supervising the screening 
 shall provide a parent or guardian with clear written notice 
 that the parent or guardian may decline to answer questions or 
 provide information about family circumstances that might affect 
 development and identification of risk factors that may 
 influence learning.  The notice shall clearly state that 
 declining to answer questions or provide information does not 
 prevent the child from being enrolled in kindergarten or first 
 grade if all other screening components are met.  If a parent or 
 guardian is not able to read and comprehend the written notice, 
 the school district and the person performing or supervising the 
 screening must convey the information in another manner.  The 
 notice shall also inform the parent or guardian that a child 
 need not submit to the school district screening program if the 
 child's health records indicate to the school that the child has 
 received comparable developmental screening performed within the 
 preceding 365 days by a public or private health care 
 organization or individual health care provider.  The notice 
 shall be given to a parent or guardian at the time the district 
 initially provides information to the parent or guardian about 
 screening and shall be given again at the screening location.  

    (b) All screening components shall be consistent with the 
 standards of the state commissioner of health for early 
 developmental screening programs.  No developmental screening 
 program shall provide laboratory tests or a physical examination 
 to any child.  The school district shall request from the public 
 or private health care organization or the individual health 
 care provider the results of any laboratory test or physical 
 examination within the 12 months preceding a child's scheduled 
 screening.  

    (c) If a child is without health coverage, the school 
 district shall refer the child to an appropriate health care 
 provider.  

    (d) A school board may offer additional components such as 
 nutritional, physical and dental assessments, review of family 
 circumstances that might affect development, blood pressure, 
 laboratory tests, and health history.  

    (e) If a statement signed by the child's parent or guardian 
 is submitted to the administrator or other person having general 
 control and supervision of the school that the child has not 
 been screened because of conscientiously held beliefs of the 
 parent or guardian, the screening is not required. 

    Subd. 2.  If any child's screening indicates a condition 
 which requires diagnosis or treatment, the child's parents shall 
 be notified of the condition and the school board shall ensure 
 that an appropriate follow-up and referral process is available. 

    Subd. 3.  The school board shall inform each resident 
 family with a child eligible to participate in the developmental 
 screening program about the availability of the program and the 
 state's requirement that a child receive developmental screening 
 not later than 30 days after the first day of attending 
 kindergarten in a public school. 

    Subd. 4.  A school board may contract with or purchase 
 service from an approved early developmental screening program 
 in the area.  Developmental screening must be conducted by 
 either an individual who is licensed as, or has training that is 
 similar to a special education teacher, school psychologist, 
 kindergarten teacher, prekindergarten teacher, school nurse, 
 public health nurse, registered nurse, or physician.  The 
 individual may be a volunteer. 

    Subd. 4a.  The school district shall provide the parent or 
 guardian of the child screened with a record indicating the 
 month and year the child received developmental screening and 
 the results of the screening.  The district shall keep a 
 duplicate copy of the record of each child screened. 

    Subd. 5.  Every school board shall integrate and utilize 
 volunteer screening programs in implementing sections 123.702 to 
 123.7045 wherever possible. 

    Subd. 6.  A school board may consult with local societies 
 of health care providers. 

    Subd. 7.  In selecting personnel to implement the screening 
 program, the school district shall give priority first to 
 qualified volunteers.  

    HIST: 1977 c 305 s 45; 1977 c 437 s 2; 1979 c 334 art 6 s 
 12,13; 1981 c 358 art 6 s 14; 1982 c 548 art 6 s 5; 1983 c 314 
 art 6 s 7; 1Sp1985 c 12 art 6 s 2; 1986 c 444; 1989 c 329 art 4 
 s 20; 1991 c 265 art 4 s 6,32; 1992 c 499 art 4 s 1-4; 1993 c 
 224 art 4 s 12-17; 1993 c 374 s 12; 1996 c 305 art 1 s 138