1.1 A bill for an act
1.2 relating to education; providing references to statutes governing student attendance;
1.3 proposing coding for new law in Minnesota Statutes, chapter 120A.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [120A.37] ATTENDANCE PROVISIONS CODED ELSEWHERE.
1.6 Subdivision 1.Scope.(a) The sections referred to in subdivisions 2 to 12 are codified
1.7outside this section. Those sections include many but not all the sections governing student
1.8attendance.
1.9 (b) The inclusion or exclusion of a provision related to attendance in this section is not
1.10intended to have any substantive legal effect. The cross-references used in this section are
1.11intended solely to indicate the contents of the cross-referenced section and are not part of
1.12the cross-referenced statute. The cross-references are not substantive and may not be used
1.13to construe or limit the meaning of any statutory language. Users of this section must consult
1.14the language of each cross-referenced law to fully understand the scope and effect of the
1.15statute.
1.16 Subd. 2.Age of instruction.(a) Compulsory instruction requirements based on age are
1.17governed by section 120A.22, subdivision 5.
1.18 (b) Limitation on admission to a public school based on age is governed by section
1.19120A.20.
1.20 Subd. 3.District of residence.(a) Admission to a public school operated by a district
1.21is free to a child who resides within the district in accordance with section 120A.20.
1Section 1.
REVISOR CR H0062-1HF62 FIRST ENGROSSMENT
113
Printed
Page No.State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 62
NINETY-FOURTH SESSION
Authored by Keeler, Bakeberg, Lawrence, Virnig, Jordan and others02/10/2025
The bill was read for the first time and referred to the Committee on Education Policy
Adoption of Report: Placed on the General Register as Amended04/01/2025
Read for the Second Time 2.1 (b) A student may attend a school operated by a district in which the student does not
2.2reside in accordance with section 124D.03. A nonresident district may terminate the
2.3enrollment of a nonresident student if the student is a habitual truant or has been absent
2.4without lawful excuse in accordance with section 124D.03, subdivision 12.
2.5 Subd. 4.Nonpublic school student reporting.The person or nonpublic school in charge
2.6of providing instruction to a child must submit a report to the superintendent of the district
2.7in which the child resides, and maintain documentation in accordance with section 120A.24.
2.8 Subd. 5.Transportation.(a) A school board must provide transportation for enrolled
2.9students residing within the district in accordance with section 123B.88. A district may
2.10provide bus transportation between buildings along school routes for students attending
2.11programs at an area learning center in accordance with section 123B.88, subdivision 13.
2.12 (b) A school district may revoke a student's bus riding privileges in accordance with
2.13sections 121A.59 and 123B.91.
2.14 (c) A school district transporting students must do so using a school bus, including a
2.15multifunction school activity bus or a type III vehicle, in accordance with chapters 169 and
2.16171. A district may use a vehicle that otherwise qualifies as a type III vehicle where the
2.17operator does not meet the requirements of section 171.321 to transport students in a
2.18nonscheduled situation in accordance with section 169.454, subdivision 13.
2.19 Subd. 6.Students with disabilities.(a) A school board must provide transportation for
2.20a student with a disability in accordance with the Individuals with Disabilities Education
2.21Act, section 123B.88, and chapter 125A.
2.22 (b) A district must provide a student with disabilities a free appropriate public education
2.23in accordance with the Individuals with Disabilities Education Act, and special instruction
2.24and services under chapter 125A.
2.25 Subd. 7.Funding.A school district may use its unrestricted general fund money or its
2.26reserved basic skills revenue for programs to reduce truancy in accordance with section
2.27126C.15.
2.28 Subd. 8.Absences.(a) A parent or guardian may apply to a district to have a child
2.29excused from attendance, and the district may approve the application in accordance with
2.30section 120A.22, subdivision 12. An excused absence may include absence so that the child
2.31may attend, for up to three hours a week, instruction by a Tribal spiritual or cultural adviser,
2.32or a school for religious instruction. Section 120A.22, subdivision 12, identifies the persons
2.33to whom a parent may apply for an excused absence.
2Section 1.
REVISOR CR H0062-1HF62 FIRST ENGROSSMENT 3.1 (b) A district must make reasonable efforts to accommodate a student who wishes to be
3.2excused from a curricular activity for a religious observance or American Indian cultural
3.3practice, observance, or ceremony, in accordance with section 120A.35.
3.4 Subd. 9.Removal from attendance roll.A student who has been absent from school
3.5for 15 consecutive school days during the regular school year is dropped from the roll and
3.6classified as withdrawn in accordance with section 126C.05.
3.7 Subd. 10.Truancy.(a) Truancy programs are governed by chapter 260A.
3.8 (b) A student who is absent from school without valid excuse within a single school
3.9year for three days if the child is in elementary school, or three or more class periods if the
3.10child is in middle school, junior high school, or high school, is a continuing truant in
3.11accordance with section 260A.02, subdivision 3.
3.12 (c) A district must notify the child's parent or guardian that the child is a truant in
3.13accordance with section 260A.03.
3.14 (d) Truancy programs may include community-based projects, truancy service centers,
3.15and school attendance review boards, in accordance with section 260A.04.
3.16 (e) A county attorney may establish a truancy mediation program under section 260A.07.
3.17A school district may refer a student who is a truant to the county attorney if the student
3.18continues to be a truant after the district has notified the parent or guardian that the child is
3.19a truant under section 260A.03. Disclosure of student data to the county attorney for purposes
3.20of addressing truancy is governed by section 13.32, subdivision 3, paragraph (c); section
3.21260A.07; and chapter 260E.
3.22 Subd. 11.Maltreatment.(a) The definition of "child in need of protection or services,"
3.23which includes a habitual truant, is governed by section 260C.007, subdivision 6. The
3.24definition of "habitual truant" is governed by section 260C.007, subdivision 19.
3.25 (b) Presumptions regarding the intent of the parent when a child is absent from school
3.26for purposes of determining compliance with compulsory instruction laws are governed by
3.27section 260C.163, subdivision 11.
3.28 (c) Habitual truancy may also be considered reportable maltreatment of a minor under
3.29chapter 260E. Maltreatment under section 260E.03, subdivision 12, includes neglect under
3.30section 260E.03, subdivision 15. Neglect includes failure to ensure that the child is educated
3.31as defined in sections 120A.22 and 260C.163, subdivision 11.
3.32 Subd. 12.Criminal penalties.(a) A person who fails or refuses to provide for instruction
3.33of a child who is required to receive instruction when notified to do so by a truant officer
3Section 1.
REVISOR CR H0062-1HF62 FIRST ENGROSSMENT 4.1or other official, or who meets other conditions, is guilty of a petty misdemeanor in
4.2accordance with section 120A.34.
4.3 (b) A person who causes or contributes to a child being a habitual truant may be charged
4.4with a felony in accordance with section 609.26.
4Section 1.
REVISOR CR H0062-1HF62 FIRST ENGROSSMENT