120A.26 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
. If the superintendent
determines that there is evidence of noncompliance with the requirements of sections
, 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
120A.24, subdivision 2
to the superintendent.
Subd. 3. Notice to parents.
The superintendent must notify the parent, in writing, if a child
is alleged to be receiving instruction in violation of sections
. The written
notification must 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 must request fact-finding and mediation services from the commissioner.
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 must notify the county
attorney of the alleged violations. The superintendent must 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 this
, or section
. A criminal complaint may be filed in any court
in the county exercising criminal jurisdiction and must name the persons neglecting or refusing
to comply with this section, section
, or section
. After the complaint has been
filed, a warrant must be issued and proceedings in trial must commence as provided by law in
History: 1987 c 178 s 3; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 1 s 40-43,58; art 11 s 3