1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to education; providing references to statutes governing student attendance; |
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3 | 3 | | 1.3 proposing coding for new law in Minnesota Statutes, chapter 120A. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. [120A.37] ATTENDANCE PROVISIONS CODED ELSEWHERE. |
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6 | 6 | | 1.6 Subdivision 1.Scope.The sections referred to in subdivisions 2 to 11 are codified outside |
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7 | 7 | | 1.7this section. Those sections include many but not all the sections governing student |
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8 | 8 | | 1.8attendance. |
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9 | 9 | | 1.9 Subd. 2.Age of instruction.(a) Compulsory instruction requirements based on age are |
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10 | 10 | | 1.10governed by section 120A.22, subdivision 5. |
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11 | 11 | | 1.11 (b) Limitation on admission to a public school based on age is governed by section |
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12 | 12 | | 1.12120A.20. |
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13 | 13 | | 1.13 Subd. 3.District of residence.(a) Admission to a public school operated by a district |
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14 | 14 | | 1.14is free to a child who resides within the district in accordance with section 120A.20. |
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15 | 15 | | 1.15 (b) A student may attend a school operated by a district in which the student does not |
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16 | 16 | | 1.16reside in accordance with section 124D.03. A nonresident district may terminate the |
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17 | 17 | | 1.17enrollment of a nonresident student if the student is a habitual truant or has been absent |
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18 | 18 | | 1.18without lawful excuse in accordance with section 124D.03, subdivision 12. |
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19 | 19 | | 1.19 Subd. 4.Nonpublic school student reporting.The person or nonpublic school in charge |
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20 | 20 | | 1.20of providing instruction to a child must submit a report to the superintendent of the district |
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21 | 21 | | 1.21in which the child resides, and maintain documentation in accordance with section 120A.24. |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-01683 as introduced01/29/25 REVISOR CR/AD |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 1781NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: CWODZINSKI and Kunesh) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading02/24/2025 |
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30 | 30 | | Referred to Education Policy 2.1 Subd. 5.Transportation.(a) A school board must provide transportation for enrolled |
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31 | 31 | | 2.2students residing within the district in accordance with section 123B.88. A district may |
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32 | 32 | | 2.3provide bus transportation between buildings along school routes for students attending |
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33 | 33 | | 2.4programs at an area learning center in accordance with section 123B.88, subdivision 13. |
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34 | 34 | | 2.5 (b) A school district may revoke a student's bus riding privileges in accordance with |
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35 | 35 | | 2.6sections 121A.59 and 123B.91. |
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36 | 36 | | 2.7 (c) A school district transporting students must do so using a school bus, including a |
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37 | 37 | | 2.8multifunction school activity bus or a type III vehicle, in accordance with chapters 169 and |
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38 | 38 | | 2.9171. A district may use a vehicle that otherwise qualifies as a type III vehicle where the |
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39 | 39 | | 2.10operator does not meet the requirements of section 171.321 to transport students in a |
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40 | 40 | | 2.11nonscheduled situation in accordance with section 169.454, subdivision 13. |
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41 | 41 | | 2.12 Subd. 6.Students with disabilities.(a) A school board must provide transportation for |
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42 | 42 | | 2.13a student with a disability in accordance with the Individuals with Disabilities Education |
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43 | 43 | | 2.14Act, section 123B.88, and chapter 125A. |
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44 | 44 | | 2.15 (b) A district must provide a student with disabilities a free appropriate public education |
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45 | 45 | | 2.16in accordance with the Individuals with Disabilities Education Act, and special instruction |
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46 | 46 | | 2.17and services under chapter 125A. |
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47 | 47 | | 2.18 Subd. 7.Funding.A school district may use its unrestricted general fund money or its |
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48 | 48 | | 2.19reserved basic skills revenue for programs to reduce truancy in accordance with section |
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49 | 49 | | 2.20126C.15. |
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50 | 50 | | 2.21 Subd. 8.Absences.(a) A parent or guardian may apply to a district to have a child |
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51 | 51 | | 2.22excused from attendance, and the district may approve the application in accordance with |
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52 | 52 | | 2.23section 120A.22, subdivision 12. An excused absence may include absence so that the child |
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53 | 53 | | 2.24may attend, for up to three hours a week, instruction by a Tribal spiritual or cultural adviser, |
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54 | 54 | | 2.25or a school for religious instruction. Section 120A.22, subdivision 12, identifies the persons |
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55 | 55 | | 2.26to whom a parent may apply for an excused absence. |
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56 | 56 | | 2.27 (b) A district must make reasonable efforts to accommodate a student who wishes to be |
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57 | 57 | | 2.28excused from a curricular activity for a religious observance or American Indian cultural |
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58 | 58 | | 2.29practice, observance, or ceremony, in accordance with section 120A.35. |
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59 | 59 | | 2.30 Subd. 9.Removal from attendance roll.A student who has been absent from school |
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60 | 60 | | 2.31for 15 consecutive school days during the regular school year is dropped from the roll and |
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61 | 61 | | 2.32classified as withdrawn in accordance with section 126C.05. |
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62 | 62 | | 2.33 Subd. 10.Truancy.(a) Truancy programs are governed by chapter 260A. |
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63 | 63 | | 2Section 1. |
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64 | 64 | | 25-01683 as introduced01/29/25 REVISOR CR/AD 3.1 (b) A student who is absent from school without valid excuse within a single school |
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65 | 65 | | 3.2year for three days if the child is in elementary school, or three or more class periods if the |
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66 | 66 | | 3.3child is in middle school, junior high school, or high school, is a continuing truant in |
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67 | 67 | | 3.4accordance with section 260A.02, subdivision 3. |
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68 | 68 | | 3.5 (c) A district must notify the child's parent or guardian that the child is a truant in |
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69 | 69 | | 3.6accordance with section 260A.03. |
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70 | 70 | | 3.7 (d) Truancy programs may include community-based projects, truancy service centers, |
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71 | 71 | | 3.8and school attendance review boards, in accordance with section 260A.04. |
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72 | 72 | | 3.9 (e) A county attorney may establish a truancy mediation program under section 260A.07. |
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73 | 73 | | 3.10A school district may refer a student who is a truant to the county attorney if the student |
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74 | 74 | | 3.11continues to be a truant after the district has notified the parent or guardian that the child is |
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75 | 75 | | 3.12a truant under section 260A.03. Disclosure of student data to the county attorney for purposes |
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76 | 76 | | 3.13of addressing truancy is governed by section 13.32, subdivision 3, paragraph (c); section |
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77 | 77 | | 3.14260A.07; and chapter 260E. |
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78 | 78 | | 3.15 Subd. 11.Maltreatment.(a) The definition of "child in need of protection or services," |
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79 | 79 | | 3.16which includes a habitual truant, is governed by section 260C.007, subdivision 6. The |
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80 | 80 | | 3.17definition of "habitual truant" is governed by section 260C.007, subdivision 19. |
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81 | 81 | | 3.18 (b) Presumptions regarding the intent of the parent when a child is absent from school |
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82 | 82 | | 3.19for purposes of determining compliance with compulsory instruction laws are governed by |
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83 | 83 | | 3.20section 260C.163, subdivision 11. |
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84 | 84 | | 3.21 (c) Habitual truancy may also be considered reportable maltreatment of a minor under |
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85 | 85 | | 3.22chapter 260E. Maltreatment under section 260E.03, subdivision 12, includes neglect under |
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86 | 86 | | 3.23section 260E.03, subdivision 15. Neglect includes failure to ensure that the child is educated |
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87 | 87 | | 3.24as defined in sections 120A.22 and 260C.163, subdivision 11. |
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88 | 88 | | 3.25 Subd. 10.Criminal penalties.(a) A person who fails or refuses to provide for instruction |
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89 | 89 | | 3.26of a child who is required to receive instruction when notified to do so by a truant officer |
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90 | 90 | | 3.27or other official, or who meets other conditions, is guilty of a petty misdemeanor in |
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91 | 91 | | 3.28accordance with section 120A.34. |
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92 | 92 | | 3.29 (b) A person who causes or contributes to a child being a habitual truant may be charged |
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93 | 93 | | 3.30with a felony in accordance with section 609.26. |
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94 | 94 | | 3Section 1. |
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95 | 95 | | 25-01683 as introduced01/29/25 REVISOR CR/AD |
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