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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

120A.22 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. 1a. Noncustodial parent access to records. Upon request, a noncustodial parent
has the right of access to, and to receive copies of, school records and information, to attend
conferences, and to be informed about the child's welfare, educational progress, and status, as
authorized under section 518.17, subdivision 3. The school is not required to hold a separate
conference for each parent.
    Subd. 2. Applicability. This section and sections 120A.24; 120A.26; 120A.28; 120A.30;
120A.32; and 120A.34 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; residency determined. (a) In this section and sections 120A.24
and 120A.26, "parent" means a parent, guardian, or other person having legal custody of a child.
(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian, or other
person having legal custody of a child under age 18. For an unmarried pupil age 18 or over,
"parent" means the pupil unless a guardian or conservator has been appointed, in which case it
means the guardian or conservator.
(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and who is
placed in a center for care and treatment, shall be the school district in which the pupil's biological
or adoptive parent or designated guardian resides.
(d) For a married pupil age 18 or over, the school district of residence is the school district
in which the married pupil resides.
(e) If a district reasonably believes that a student does not meet the residency requirements of
the school district in which the student is attending school, the student may be removed from
the school only after the district sends the student's parents written notice of the district's belief,
including the facts upon which the belief is based, and an opportunity to provide documentary
evidence of residency in person to the superintendent or designee, or, at the option of the parents,
by sending the documentary evidence to the superintendent, or a designee, who will then make a
determination as to the residency status of the student.
    Subd. 4. School defined. For the purpose of compulsory attendance, a "school" means a
public school, as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic
school, church or religious organization, or home school in which a child is provided instruction
in compliance with this section and section 120A.24.
    Subd. 5. Ages and terms. (a) Every child between seven and 16 years of age must receive
instruction. 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. Except as provided in subdivision 6, a parent may withdraw a child under the age of
seven from enrollment at any time.
(b) A school district by annual board action may require children subject to this subdivision
to receive instruction in summer school. A district that acts to require children to receive
instruction in summer school shall establish at the time of its action the criteria for determining
which children must receive instruction.
    Subd. 6. Children under seven. (a) Once a pupil under the age of seven is enrolled in
kindergarten or a higher grade in a public school, the pupil is subject to the compulsory attendance
provisions of this chapter and section 120A.34, unless the board of the district in which the pupil
is enrolled has a policy that exempts children under seven from this subdivision.
(b) In a district in which children under seven are subject to compulsory attendance under
this subdivision, paragraphs (c) to (e) apply.
(c) A parent or guardian may withdraw the pupil from enrollment in the school for good
cause by notifying the district. Good cause includes, but is not limited to, enrollment of the pupil
in another school, as defined in subdivision 4, or the immaturity of the child.
(d) When the pupil enrolls, the enrolling official must provide the parent or guardian who
enrolls the pupil with a written explanation of the provisions of this subdivision.
(e) A pupil under the age of seven who is withdrawn from enrollment in the public school
under paragraph (c) is no longer subject to the compulsory attendance provisions of this chapter.
(f) In a district that had adopted a policy to exempt children under seven from this
subdivision, the district's chief attendance officer must keep the truancy enforcement authorities
supplied with a copy of the board's current policy certified by the clerk of the board.
    Subd. 7. Education records. (a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 from which a student is transferring
must transmit the student's educational records, within ten business days of a request, to the
district, the charter school, or the nonpublic school in which the student is enrolling. Districts,
charter schools, and nonpublic schools that receive services or aid under sections 123B.40
to 123B.48 must make reasonable efforts to determine the district, the charter school, or the
nonpublic school in which a transferring student is next enrolling in order to comply with this
subdivision.
    (b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the records
must be retained unless the records are otherwise transferred under this subdivision.
    (c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 that transmits a student's educational records to another school
district or other educational entity, charter school, or nonpublic school to which the student is
transferring must include in the transmitted records information about any formal suspension,
expulsion, and exclusion disciplinary action under sections 121A.40 to 121A.56. The district,
the charter school, or the nonpublic school that receives services or aid under sections 123B.40
to 123B.48 must provide notice to a student and the student's parent or guardian that formal
disciplinary records will be transferred as part of the student's educational record, in accordance
with data practices under chapter 13 and the Family Educational Rights and Privacy Act of 1974,
United States Code, title 20, section 1232(g).
     (d) Notwithstanding section 138.17, a principal or chief administrative officer must remove
from a student's educational record and destroy a probable cause notice received under section
260B.171, subdivision 5, or paragraph (d), if one year has elapsed since the date of the notice and
the principal or chief administrative officer has not received a disposition or court order related to
the offense described in the notice. This paragraph does not apply if the student no longer attends
the school when this one-year period expires.
    (e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that data
in the student's educational records if they are transmitted to another school, unless the data are
required to be destroyed under paragraph (c) or section 121A.75.
    Subd. 8. Withdrawal from school. Any student between 16 and 18 years old who seeks to
withdraw from school, and the student's parent or guardian must:
(1) attend a meeting with school personnel to discuss the educational opportunities available
to the student, including alternative educational opportunities; and
(2) sign a written election to withdraw from school.
    Subd. 9. 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 pursuant to sections 124D.59 to 124D.61.
    Subd. 10. 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 123B.445, or recognized by the commissioner;
(5) hold a baccalaureate degree; or
(6) be the parent of a child who is assessed according to the procedures in subdivision 11.
Any person providing instruction in a public school must meet the requirements of clause (1).
    Subd. 11. 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 9, 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 10, clause (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 must 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 123B.445, or recognized by
the commissioner, is exempt from the requirements of this subdivision.
    Subd. 12. Legitimate exemptions. A parent, guardian, or other person having control of
a child may apply to a school district to have the child excused from attendance for the whole
or any part of the time school is in session during any school year. Application may be made to
any member of the board, a truant officer, a principal, or the superintendent. The school district
may state in its school attendance policy that it may ask the student's parent or legal guardian
to verify in writing the reason for the child's absence from school. The board of the district in
which the child resides may approve the application upon the following being demonstrated to the
satisfaction of that board:
(1) that the child's bodily or mental condition is such as to prevent attendance at school or
application to study for the period required, which includes:
(i) child illness, medical, dental, orthodontic, or counseling appointments;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an immediate family member;
(iv) active duty in any military branch of the United States; or
(v) other exemptions included in the district's school attendance policy;
(2) that the child has already completed state and district standards required for graduation
from high school; or
(3) that it is the wish of the parent, guardian, or other person having control of the child, that
the child attend for a period or periods not exceeding in the aggregate three hours in any week,
a school for religious instruction conducted and maintained by some church, or association of
churches, or any Sunday school association incorporated under the laws of this state, or any
auxiliary thereof. This school for religious instruction must be conducted and maintained in a
place other than a public school building, and it must not, in whole or in part, be conducted and
maintained at public expense. However, a child may be absent from school on such days as the
child attends upon instruction according to the ordinances of some church.
    Subd. 13. Issuing and reporting excuses. The clerk or any authorized officer of the board
must issue and keep a record of such excuses, under such rules as the board may from time to
time establish.
History: Ex1959 c 71 art 1 s 10 subds 2,3; 1961 c 567 s 1; 1967 c 82 s 1; 1969 c 161 s 1,2;
1974 c 326 s 1; 1975 c 162 s 3; 1977 c 306 s 14; 1977 c 447 art 7 s 2,3; 1978 c 616 s 2; 1978 c 706
s 1; 1980 c 609 art 3 s 2; 1Sp1985 c 12 art 7 s 3; 1986 c 444; 1986 c 472 s 1-3; 1987 c 178 s 1,9;
1988 c 718 art 7 s 19,20; 1989 c 296 s 1,2; 1991 c 265 art 7 s 2; 1993 c 224 art 9 s 13,14; 1994 c
465 art 2 s 9,10; 1994 c 647 art 4 s 1; art 9 s 3; 1Sp1995 c 3 art 9 s 3,4; 1Sp1997 c 4 art 6 s 1-2;
art 7 s 3; 1998 c 397 art 1 s 29-35,58; art 11 s 3; 1998 c 398 art 2 s 5; art 5 s 4; art 5 s 55; 2000 c
489 art 10 s 1,21; 2002 c 352 s 8; 1Sp2005 c 5 art 2 s 3; 2006 c 263 art 2 s 1; 2007 c 146 art 2 s 2

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