1997 Minnesota Statutes

     120.103 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 120.101.  If the superintendent determines that there is 
 evidence of noncompliance with the requirements of sections 
 120.101 and 120.102, 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 
 120.102, subdivision 2, to the superintendent. 

    Subd. 3.    Notice to parents.  The superintendent shall 
 notify the parent, in writing, if a child is alleged to be 
 receiving instruction in violation of sections 120.101 and 
 120.102.  The written notification shall 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 shall request 
 fact-finding and mediation services from the commissioner of 
 children, families, and learning. 

    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 shall 
 notify the county attorney of the alleged violations.  The 
 superintendent shall 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 section 120.101, 120.102, or 120.103.  A criminal 
 complaint may be filed in any court in the county exercising 
 criminal jurisdiction and shall name the persons neglecting or 
 refusing to comply with section 120.101, 120.102, or 120.103.  
 After the complaint has been filed, a warrant shall be issued 
 and proceedings in trial shall commence as provided by law in 
 misdemeanor cases.  

    HIST: 1987 c 178 s 3; 1Sp1995 c 3 art 16 s 13