Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF942 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to children and families; mandating school attendance reporting to a local
3	3		1.3 welfare agency; modifying the habitual truant definition; appropriating money for
4	4		1.4 grants to fund child welfare response efforts; amending Minnesota Statutes 2024,
5		-	1.5 ~~sections 124D.03, subdivision 12; 260A.03; 260A.06, subdivision 1;~~ 260C.007,
6		-	1.6 ~~subdivision 19; proposing coding for new law in Minnesota~~ Statutes, chapter 260E.
	5	+	1.5 section 260C.007, subdivision 19; proposing coding for new law in Minnesota
	6	+	1.6 Statutes, chapter 260E.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8		-	1.8 Section 1. Minnesota Statutes 2024, section 124D.03, subdivision 12, is amended to read:
9		-	1.9 Subd. 12.Termination of enrollment.A district may terminate the enrollment of a
10		-	1.10nonresident student enrolled under this section or section 124D.08 at the end of a school
11		-	1.11year if the student meets the definition of a habitual truant under section 260C.007,
12		-	1.12subdivision 19, the student has been provided appropriate services under chapter 260A, and
13		-	1.13the student's case has been referred to juvenile court. A district may also terminate the
14		-	1.14enrollment of a nonresident student over the age of 17 enrolled under this section if the
15		-	1.15student is absent without lawful excuse for one or more periods on 15 school days and has
16		-	1.16not lawfully withdrawn from school under section 120A.22, subdivision 8. Notwithstanding
17		-	1.17the above, the district may not terminate the enrollment of a nonresident student identified
18		-	1.18as a child with a disability under section 125A.02, subdivision 1, at the end of a school year
19		-	1.19if the child's individualized education program team has not been convened within 60 school
20		-	1.20days prior to the last school day of the school year to address the potential relationship
21		-	1.21between the child's disability and truancy, including if a functional behavior assessment as
22		-	1.22defined by Minnesota Rules, part 3525.0210, subpart 22, must be conducted.
	8	+	1.8 Section 1. Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read:
	9	+	1.9 Subd. 19.Habitual truant.(a) "Habitual truant" means a child under the age of 17 years
	10	+	1.10who is absent from attendance at school without lawful excuse for seven school days per
	11	+	1.11school year if the child is in elementary school or for one or more class periods on seven
	12	+	1.12school days per school year if the child is in middle school, junior high school, or high
	13	+	1.13school or a child who is 17 years of age who is absent from attendance at school without
	14	+	1.14lawful excuse for one or more class periods on seven school days per school year and who
	15	+	1.15has not lawfully withdrawn from school under section 120A.22, subdivision 8.
	16	+	1.16 (b) For the purposes of educational neglect under section 260C.163, subdivision 11,
	17	+	1.17"habitual truant" includes a child under 12 years of age who has been absent from school
	18	+	1.18for seven school days without lawful excuse where the presumption of educational neglect
	19	+	1.19is rebutted based on a showing by clear and convincing evidence that the child's absence is
	20	+	1.20not due to the failure of the child's parent, guardian, or custodian to comply with compulsory
	21	+	1.21instruction laws.
23	22		1Section 1.
24		-	S0942-~~3 3rd~~ EngrossmentSF942 REVISOR CR
	23	+	S0942-2 2nd EngrossmentSF942 REVISOR CR
25	24		SENATE
26	25		STATE OF MINNESOTA
27	26		S.F. No. 942NINETY-FOURTH SESSION
28	27		(SENATE AUTHORS: KUNESH, Abeler and Oumou Verbeten)
29	28		OFFICIAL STATUSD-PGDATE
30	29		Introduction and first reading26002/03/2025
31	30		Referred to Health and Human Services
32	31		Comm report: To pass as amended and re-refer to Judiciary and Public Safety471a02/24/2025
33	32		Author added Abeler57902/27/2025
34		-	Comm report: To pass as amended and re-refer to Education Policy952a03/24/2025
35		-	Author added Oumou Verbeten1024
36		-	Comm report: To pass as amended and re-refer to Health and Human Services04/01/2025 2.1 Sec. 2. Minnesota Statutes 2024, section 260A.03, is amended to read:
37		-	2.2 260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
38		-	2.3CONTINUING TRUANT.
39		-	2.4 Upon a child's initial classification as a continuing truant, the school attendance officer
40		-	2.5or other designated school official shall notify the child's parent or legal guardian, by
41		-	2.6first-class mail or other reasonable means, of the following:
42		-	2.7 (1) that the child is truant;
43		-	2.8 (2) that the parent or guardian should notify the school if there is a valid excuse for the
44		-	2.9child's absences;
45		-	2.10 (3) that the parent or guardian is obligated to compel the attendance of the child at school
46		-	2.11pursuant to section 120A.22 and parents or guardians who fail to meet this obligation may
47		-	2.12be subject to prosecution under section 120A.34;
48		-	2.13 (4) that this notification serves as the notification required by section 120A.34;
49		-	2.14 (5) that alternative educational programs and services may be available in the child's
50		-	2.15enrolling or resident district;
51		-	2.16 (6) that the parent or guardian has the right to meet with appropriate school personnel
52		-	2.17to discuss solutions to the child's truancy;
53		-	2.18 (7) that if the child has been identified as a child with a disability under section 125A.02,
54		-	2.19subdivision 1, the child's individualized education program team will be convened within
55		-	2.20ten school days of the notice to address the potential relationship between the child's disability
56		-	2.21and truancy, including if a functional behavior assessment as defined by Minnesota Rules,
57		-	2.22part 3525.0210, subpart 22, must be conducted;
58		-	2.23 (8) that if the child continues to be truant, the parent and child may be subject to juvenile
59		-	2.24court proceedings under chapter 260C;
60		-	2.25 (8) (9) that if the child is subject to juvenile court proceedings, the child may be subject
61		-	2.26to suspension, restriction, or delay of the child's driving privilege pursuant to section
62		-	2.27260C.201; and
63		-	2.28 (9) (10) that it is recommended that the parent or guardian accompany the child to school
64		-	2.29and attend classes with the child for one day.
	33	+	Comm report: To pass as amended and re-refer to Education Policy03/24/2025
	34	+	Author added Oumou Verbeten 2.1 Sec. 2. [260E.291] REPORTING OF SCHOOL ATTENDANCE CONCERNS.
	35	+	2.2 Subdivision 1.Reports required.(a) A person mandated to report under this chapter
	36	+	2.3must immediately report to the local welfare agency, Tribal social services agency, or
	37	+	2.4designated partner if the person knows or has reason to believe that a child required to be
	38	+	2.5enrolled in school under section 120A.22 has at least seven unexcused absences in the
	39	+	2.6current school year and is at risk of educational neglect under section 260C.163, subdivision
	40	+	2.711.
	41	+	2.8 (b) Any person may voluntarily report to the local welfare agency if the person knows
	42	+	2.9or has reason to believe that a child required to be enrolled in school under section 120A.22
	43	+	2.10has at least seven unexcused absences in the current school year and is at risk of educational
	44	+	2.11neglect under section 260C.163, subdivision 11.
	45	+	2.12 (c) An oral report must be made immediately by telephone or otherwise. An oral report
	46	+	2.13made by a person required to report under paragraph (a) must be followed within 72 hours,
	47	+	2.14exclusive of weekends and holidays, by a report in writing to the local welfare agency. A
	48	+	2.15report must sufficiently identify the child and the child's parent or guardian, the actual or
	49	+	2.16estimated number of the child's unexcused absences in the current school year, the efforts
	50	+	2.17made by school officials to resolve attendance concerns with the family, and the name and
	51	+	2.18address of the reporter. A voluntary reporter under paragraph (b) may refuse to provide
	52	+	2.19their name or address if the report is otherwise sufficient, and such a report must be accepted
	53	+	2.20by the local welfare agency.
	54	+	2.21 Subd. 2.Local welfare agency.(a) The local welfare agency, Tribal social services
	55	+	2.22agency, or partner designated to provide child welfare services must provide a child welfare
	56	+	2.23response for a report that alleges a child enrolled in school has seven or more unexcused
	57	+	2.24absences. When providing a child welfare response under this paragraph, the local welfare
	58	+	2.25agency, Tribal social services agency, or designated partner must offer services to the child
	59	+	2.26and the child's family to address school attendance concerns or may partner with a county
	60	+	2.27attorney's office, a community-based organization, or other community partner to provide
	61	+	2.28the services. The services must be culturally and linguistically appropriate and tailored to
	62	+	2.29the needs of the child and the child's family. This section is subject to all requirements of
	63	+	2.30the Minnesota Indian Family Preservation Act under sections 260.751 to 260.835, and the
	64	+	2.31Minnesota African American Family Preservation and Child Welfare Disproportionality
	65	+	2.32Act under sections 260.61 to 260.693.
	66	+	2.33 (b) If the child's unexcused absences continue and the family has not engaged with
	67	+	2.34services under paragraph (a) after the local welfare agency, Tribal social services agency,
65	68		2Sec. 2.
66		-	S0942-3 3rd EngrossmentSF942 REVISOR CR 3.1 Sec. 3. Minnesota Statutes 2024, section 260A.06, subdivision 1, is amended to read:
67		-	3.2 Subdivision 1.Referral; notice.An attendance officer or other school official may refer
68		-	3.3a student who is a continuing truant to the school attendance review board, provided that
69		-	3.4the school district has complied with its obligations under section 260A.03, clause (7). The
70		-	3.5person making the referral shall provide a written notice by first class mail or other reasonable
71		-	3.6means to the student and the student's parent or legal guardian. The notice must:
72		-	3.7 (1) include the name and address of the board to which the student has been referred
73		-	3.8and the reason for the referral; and
74		-	3.9 (2) indicate that the student, the parent or legal guardian, and the referring person will
75		-	3.10meet with the board to determine a proper disposition of the referral, unless the board refers
76		-	3.11the student directly to the county attorney or for other appropriate legal action.
77		-	3.12 Sec. 4. Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read:
78		-	3.13 Subd. 19.Habitual truant.(a) "Habitual truant" means a child under the age of 12 years
79		-	3.14of age or older and under 17 years who is absent from attendance at school without lawful
80		-	3.15excuse for seven full school days per school year if the child is in elementary school or for
81		-	3.16one or more class periods on seven school days per school year if the child is in middle
82		-	3.17school, junior high school, or high school or a child who is 17 years of age who is absent
83		-	3.18from attendance at school without lawful excuse for one or more class periods on seven full
84		-	3.19school days per school year and who has not lawfully withdrawn from school under section
85		-	3.20120A.22, subdivision 8.
86		-	3.21 (b) For the purposes of educational neglect under section 260C.163, subdivision 11,
87		-	3.22"habitual truant" includes a child under 16 years of age who has been absent from school
88		-	3.23for seven school days without lawful excuse and the school has made appropriate efforts
89		-	3.24to resolve the child's attendance problems. The presumption of educational neglect may be
90		-	3.25rebutted based on a showing by clear and convincing evidence that the child's absence is
91		-	3.26not due to the failure of the child's parent, guardian, or custodian to comply with compulsory
92		-	3.27instruction laws in sections 120A.22 and 120A.24.
93		-	3.28 Sec. 5. [260E.291] REPORTING OF SCHOOL ATTENDANCE CONCERNS.
94		-	3.29 Subdivision 1.Reports required.(a) A person mandated to report under this chapter
95		-	3.30must immediately report to the local welfare agency, Tribal social services agency, or
96		-	3.31designated partner if the person knows or has reason to believe that a child required to be
97		-	3.32enrolled in school under section 120A.22 has at least seven full school day unexcused
98		-	3Sec. 5.
99		-	S0942-3 3rd EngrossmentSF942 REVISOR CR 4.1absences in the current school year and is at risk of educational neglect under section
100		-	4.2260C.163, subdivision 11.
101		-	4.3 (b) Any person may voluntarily report to the local welfare agency if the person knows
102		-	4.4or has reason to believe that a child required to be enrolled in school under section 120A.22
103		-	4.5has at least seven full school day unexcused absences in the current school year and is at
104		-	4.6risk of educational neglect under section 260C.163, subdivision 11.
105		-	4.7 (c) An oral report must be made immediately by telephone or otherwise. An oral report
106		-	4.8made by a person required to report under paragraph (a) must be followed within 72 hours,
107		-	4.9exclusive of weekends and holidays, by a report in writing to the local welfare agency. A
108		-	4.10report must sufficiently identify the child and the child's parent or guardian, the actual or
109		-	4.11estimated number of the child's unexcused absences in the current school year, the efforts
110		-	4.12made by school officials to resolve attendance concerns with the family, and the name and
111		-	4.13address of the reporter. A voluntary reporter under paragraph (b) may refuse to provide
112		-	4.14their name or address if the report is otherwise sufficient, and such a report must be accepted
113		-	4.15by the local welfare agency.
114		-	4.16 Subd. 2.Local welfare agency.(a) The local welfare agency, Tribal social services
115		-	4.17agency, or partner designated to provide child welfare services must provide a child welfare
116		-	4.18response for a report that alleges a child enrolled in school has seven or more full school
117		-	4.19day unexcused absences. When providing a child welfare response under this paragraph,
118		-	4.20the local welfare agency, Tribal social services agency, or designated partner must offer
119		-	4.21services to the child and the child's family to address school attendance concerns in
120		-	4.22partnership with a county attorney's office, child protections services, a community-based
121		-	4.23organization, or other community partner to provide the services. The services must be
122		-	4.24culturally and linguistically appropriate and tailored to the needs of the child and the child's
123		-	4.25family. This section is subject to all requirements of the Minnesota Indian Family
124		-	4.26Preservation Act under sections 260.751 to 260.835, and the Minnesota African American
125		-	4.27Family Preservation and Child Welfare Disproportionality Act under sections 260.61 to
126		-	4.28260.693.
127		-	4.29 (b) If the child's unexcused absences continue and the family has not engaged with
128		-	4.30services under paragraph (a) after the local welfare agency, Tribal social services agency,
129		-	4.31or partner designated to provide child welfare services has made multiple varied attempts
130		-	4.32to engage the child's family, a report of educational neglect must be made regardless of the
131		-	4.33number of unexcused absences the child has accrued. A county attorney's office must
132		-	4.34determine the response path assignment pursuant to section 260E.17 and may proceed with
133		-	4.35the process outlined in section 260C.141.
134		-	4Sec. 5.
135		-	S0942-3 3rd EngrossmentSF942 REVISOR CR 5.1 Sec. 6. APPROPRIATION; EDUCATIONAL NEGLECT AND CHILD WELFARE
136		-	5.2RESPONSE GRANTS.
137		-	5.3 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
138		-	5.4fund to the commissioner of children, youth, and families for grants to fund child welfare
139		-	5.5response efforts under Minnesota Statutes, section 260E.291. The commissioner must make
140		-	5.6grants to local welfare agencies, including Tribal social services agencies, to support efforts
141		-	5.7to improve school attendance after receiving a report under Minnesota Statutes, section
142		-	5.8260E.291. A grant to a local welfare agency must include funding for program evaluation
143		-	5.9to evaluate student attendance outcomes for all participating programs. Any balance
144		-	5.10remaining in fiscal year 2026 is available in fiscal year 2027.
145		-	5Sec. 6.
146		-	S0942-3 3rd EngrossmentSF942 REVISOR CR
	69	+	S0942-2 2nd EngrossmentSF942 REVISOR CR 3.1or partner designated to provide child welfare services has made multiple varied attempts
	70	+	3.2to engage the child's family, a report of educational neglect must be made regardless of the
	71	+	3.3number of unexcused absences the child has accrued. The local welfare agency must
	72	+	3.4determine the response path assignment pursuant to section 260E.17 and may proceed with
	73	+	3.5the process outlined in section 260C.141.
	74	+	3.6 Sec. 3. APPROPRIATION; EDUCATIONAL NEGLECT AND CHILD WELFARE
	75	+	3.7RESPONSE GRANTS.
	76	+	3.8 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
	77	+	3.9fund to the commissioner of children, youth, and families for grants to fund child welfare
	78	+	3.10response efforts under Minnesota Statutes, section 260E.291. The commissioner must make
	79	+	3.11grants to local welfare agencies, including Tribal social services agencies, to support efforts
	80	+	3.12to improve school attendance after receiving a report under Minnesota Statutes, section
	81	+	3.13260E.291. A grant to a local welfare agency must include funding for program evaluation
	82	+	3.14to evaluate student attendance outcomes for all participating programs. Any balance
	83	+	3.15remaining in fiscal year 2026 is available in fiscal year 2027.
	84	+	3Sec. 3.
	85	+	S0942-2 2nd EngrossmentSF942 REVISOR CR