Bill Text: MN SF160 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Compulsory school attendance age increase
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-18 - Comm report: To pass as amended and re-refer to Finance [SF160 Detail]
Download: Minnesota-2013-SF160-Engrossed.html
1.2relating to education; increasing the compulsory attendance age; amending
1.3Minnesota Statutes 2012, sections 120A.22, subdivisions 5, 8, 11; 120A.24,
1.4subdivision 1; 124D.03, subdivision 12; 260C.007, subdivision 19.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 120A.22, subdivision 5, is amended to read:
1.7 Subd. 5. Ages and terms. (a) Every child between seven and16 17 years of age must
1.8receive instruction unless the child has graduated. Every child under the age of seven who
1.9is enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days,
1.10or other kindergarten programs shall receive instruction. Except as provided in subdivision
1.116, a parent may withdraw a child under the age of seven from enrollment at any time.
1.12(b) A school district by annual board action may require children subject to this
1.13subdivision to receive instruction in summer school. A district that acts to require children
1.14to receive instruction in summer school shall establish at the time of its action the criteria
1.15for determining which children must receive instruction.
1.16(c) A pupil 16 years of age or older who meets the criteria of section 124D.68,
1.17subdivision 2, may be assigned to an area learning center. Such assignment may be made
1.18only after consultation with the principal, area learning center director, and parent or
1.19guardian.
1.20EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
1.21later.
1.22 Sec. 2. Minnesota Statutes 2012, section 120A.22, subdivision 8, is amended to read:
2.1 Subd. 8. Withdrawal from school. Any studentbetween 16 and 18 who is 17 years
2.2old who seeks to withdraw from school, and the student's parent or guardian must:
2.3(1) attend a meeting with school personnel to discuss the educational opportunities
2.4available to the student, including alternative educational opportunities; and
2.5(2) sign a written election to withdraw from school.
2.6 Sec. 3. Minnesota Statutes 2012, section 120A.22, subdivision 11, is amended to read:
2.7 Subd. 11. Assessment of performance. (a) Each year the performance of every
2.8child ages seven through 16 and every child ages 16 through 17 for which an initial
2.9report was filed pursuant to section 120A.24, subdivision 1, after the child is 16 and who
2.10is not enrolled in a public school must be assessed using a nationally norm-referenced
2.11standardized achievement examination. The superintendent of the district in which the
2.12child receives instruction and the person in charge of the child's instruction must agree about
2.13the specific examination to be used and the administration and location of the examination.
2.14(b) To the extent the examination in paragraph (a) does not provide assessment in
2.15all of the subject areas in subdivision 9, the parent must assess the child's performance
2.16in the applicable subject area. This requirement applies only to a parent who provides
2.17instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
2.18(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
2.19child's performance on the total battery score is at or below the 30th percentile or one
2.20grade level below the performance level for children of the same age, the parent must
2.21obtain additional evaluation of the child's abilities and performance for the purpose of
2.22determining whether the child has learning problems.
2.23(d) A child receiving instruction from a nonpublic school, person, or institution that
2.24is accredited by an accrediting agency, recognized according to section123B.445 , or
2.25recognized by the commissioner, is exempt from the requirements of this subdivision.
2.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
2.27later.
2.28 Sec. 4. Minnesota Statutes 2012, section 120A.24, subdivision 1, is amended to read:
2.29 Subdivision 1. Reports to superintendent. (a) The person or nonpublic school in
2.30charge of providing instruction to a child must submit to the superintendent of the district
2.31in which the child resides the name, birth date, and address of the child; the annual tests
2.32intended to be used under section120A.22, subdivision 11 , if required; the name of each
2.33instructor; and evidence of compliance with one of the requirements specified in section
2.34120A.22, subdivision 10
:
3.1(1) by October 1 of the first school year the child receives instruction after reaching
3.2the age of seven;
3.3(2) within 15 days of when a parent withdraws a child from public school after
3.4age seven to provide instruction in a nonpublic school that is not accredited by a
3.5state-recognized accredited agency;
3.6(3) within 15 days of moving out of a district; and
3.7(4) by October 1 after a new resident district is established.
3.8(b) The person or nonpublic school in charge of providing instruction to a child
3.9between the ages of seven and 16 and every child ages 16 through 17 for which an
3.10initial report was filed pursuant to this subdivision after the child is 16 must submit, by
3.11October 1 of each school year, a letter of intent to continue to provide instruction under
3.12this section for all students under the person's or school's supervision and any changes to
3.13the information required in paragraph (a) for each student.
3.14(c) The superintendent may collect the required information under this section
3.15through an electronic or Web-based format, but must not require electronic submission of
3.16information under this section from the person in charge of reporting under this subdivision.
3.17EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
3.18later.
3.19 Sec. 5. Minnesota Statutes 2012, section 124D.03, subdivision 12, is amended to read:
3.20 Subd. 12. Termination of enrollment. A district may terminate the enrollment
3.21of a nonresident student enrolled under this section or section124D.08 at the end of a
3.22school year if the student meets the definition of a habitual truant under section260C.007,
3.23subdivision 19 , the student has been provided appropriate services under chapter 260A,
3.24and the student's case has been referred to juvenile court. A district may also terminate the
3.25enrollment of a nonresident student over the age of16 17 enrolled under this section if the
3.26student is absent without lawful excuse for one or more periods on 15 school days and has
3.27not lawfully withdrawn from school under section120A.22, subdivision 8 .
3.28EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
3.29later.
3.30 Sec. 6. Minnesota Statutes 2012, section 260C.007, subdivision 19, is amended to read:
3.31 Subd. 19. Habitual truant. "Habitual truant" means a child under the age of16 17
3.32years who is absent from attendance at school without lawful excuse for seven school days
3.33per school year if the child is in elementary school or for one or more class periods on
4.1seven school days per school year if the child is in middle school, junior high school, or
4.2high school, or a child who is 16 or 17 years of age who is absent from attendance at school
4.3without lawful excuse for one or more class periods on seven school days per school year
4.4 and who has not lawfully withdrawn from school under section120A.22, subdivision 8 .
4.5EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
4.6later.
1.3Minnesota Statutes 2012, sections 120A.22, subdivisions 5, 8, 11; 120A.24,
1.4subdivision 1; 124D.03, subdivision 12; 260C.007, subdivision 19.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 120A.22, subdivision 5, is amended to read:
1.7 Subd. 5. Ages and terms. (a) Every child between seven and
1.8receive instruction unless the child has graduated. Every child under the age of seven who
1.9is enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days,
1.10or other kindergarten programs shall receive instruction. Except as provided in subdivision
1.116, a parent may withdraw a child under the age of seven from enrollment at any time.
1.12(b) A school district by annual board action may require children subject to this
1.13subdivision to receive instruction in summer school. A district that acts to require children
1.14to receive instruction in summer school shall establish at the time of its action the criteria
1.15for determining which children must receive instruction.
1.16(c) A pupil 16 years of age or older who meets the criteria of section 124D.68,
1.17subdivision 2, may be assigned to an area learning center. Such assignment may be made
1.18only after consultation with the principal, area learning center director, and parent or
1.19guardian.
1.20EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
1.21later.
1.22 Sec. 2. Minnesota Statutes 2012, section 120A.22, subdivision 8, is amended to read:
2.1 Subd. 8. Withdrawal from school. Any student
2.2old who seeks to withdraw from school, and the student's parent or guardian must:
2.3(1) attend a meeting with school personnel to discuss the educational opportunities
2.4available to the student, including alternative educational opportunities; and
2.5(2) sign a written election to withdraw from school.
2.6 Sec. 3. Minnesota Statutes 2012, section 120A.22, subdivision 11, is amended to read:
2.7 Subd. 11. Assessment of performance. (a) Each year the performance of every
2.8child ages seven through 16 and every child ages 16 through 17 for which an initial
2.9report was filed pursuant to section 120A.24, subdivision 1, after the child is 16 and who
2.10is not enrolled in a public school must be assessed using a nationally norm-referenced
2.11standardized achievement examination. The superintendent of the district in which the
2.12child receives instruction and the person in charge of the child's instruction must agree about
2.13the specific examination to be used and the administration and location of the examination.
2.14(b) To the extent the examination in paragraph (a) does not provide assessment in
2.15all of the subject areas in subdivision 9, the parent must assess the child's performance
2.16in the applicable subject area. This requirement applies only to a parent who provides
2.17instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
2.18(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
2.19child's performance on the total battery score is at or below the 30th percentile or one
2.20grade level below the performance level for children of the same age, the parent must
2.21obtain additional evaluation of the child's abilities and performance for the purpose of
2.22determining whether the child has learning problems.
2.23(d) A child receiving instruction from a nonpublic school, person, or institution that
2.24is accredited by an accrediting agency, recognized according to section
2.25recognized by the commissioner, is exempt from the requirements of this subdivision.
2.26EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
2.27later.
2.28 Sec. 4. Minnesota Statutes 2012, section 120A.24, subdivision 1, is amended to read:
2.29 Subdivision 1. Reports to superintendent. (a) The person or nonpublic school in
2.30charge of providing instruction to a child must submit to the superintendent of the district
2.31in which the child resides the name, birth date, and address of the child; the annual tests
2.32intended to be used under section
2.33instructor; and evidence of compliance with one of the requirements specified in section
3.1(1) by October 1 of the first school year the child receives instruction after reaching
3.2the age of seven;
3.3(2) within 15 days of when a parent withdraws a child from public school after
3.4age seven to provide instruction in a nonpublic school that is not accredited by a
3.5state-recognized accredited agency;
3.6(3) within 15 days of moving out of a district; and
3.7(4) by October 1 after a new resident district is established.
3.8(b) The person or nonpublic school in charge of providing instruction to a child
3.9between the ages of seven and 16 and every child ages 16 through 17 for which an
3.10initial report was filed pursuant to this subdivision after the child is 16 must submit, by
3.11October 1 of each school year, a letter of intent to continue to provide instruction under
3.12this section for all students under the person's or school's supervision and any changes to
3.13the information required in paragraph (a) for each student.
3.14(c) The superintendent may collect the required information under this section
3.15through an electronic or Web-based format, but must not require electronic submission of
3.16information under this section from the person in charge of reporting under this subdivision.
3.17EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
3.18later.
3.19 Sec. 5. Minnesota Statutes 2012, section 124D.03, subdivision 12, is amended to read:
3.20 Subd. 12. Termination of enrollment. A district may terminate the enrollment
3.21of a nonresident student enrolled under this section or section
3.22school year if the student meets the definition of a habitual truant under section
3.23subdivision 19
3.24and the student's case has been referred to juvenile court. A district may also terminate the
3.25enrollment of a nonresident student over the age of
3.26student is absent without lawful excuse for one or more periods on 15 school days and has
3.27not lawfully withdrawn from school under section
3.28EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
3.29later.
3.30 Sec. 6. Minnesota Statutes 2012, section 260C.007, subdivision 19, is amended to read:
3.31 Subd. 19. Habitual truant. "Habitual truant" means a child under the age of
3.32years who is absent from attendance at school without lawful excuse for seven school days
3.33per school year if the child is in elementary school or for one or more class periods on
4.1seven school days per school year if the child is in middle school, junior high school, or
4.2high school
4.3without lawful excuse for one or more class periods on seven school days per school year
4.4 and who has not lawfully withdrawn from school under section
4.5EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
4.6later.
