Truancy
The following is a brief overview of Minnesota Attendance Statutes, their meanings and other relevant information in regards to attendance at school.
120A.22 COMPULSORY INSTRUCTION
Subdivision 1.Parental responsibility.
The parent of a child is primarily responsible for assuring that the child acquires knowledge and skills that are essential for effective citizenship.
Subd. 5.Ages and terms.
(a) Every child between seven and 16 years of age must receive instruction. Every child under the age of seven who is enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days, or other kindergarten programs shall receive instruction. Except as provided in subdivision 6, a parent may withdraw a child under the age of seven from enrollment at any time.
Subd. 6.Children under seven.
(a) Once a pupil under the age of seven is enrolled in kindergarten or a higher grade in a public school, the pupil is subject to the compulsory attendance provisions of this chapter and section 120A.34, unless the board of the district in which the pupil is enrolled has a policy that exempts children under seven from this subdivision.
Subd. 8.Withdrawal from school.
Any student between 16 and 18 years old who seeks to withdraw from school, and the student’s parent or guardian must:
(1) attend a meeting with school personnel to discuss the educational opportunities available to the student, including alternative educational opportunities; an
(2) sign a written election to withdraw from school.
260A.01 TRUANCY PROGRAMS AND SERVICES
(a) The programs in this chapter are designed to provide a continuum of intervention and services to support families and children in keeping children in school and combating truancy and educational neglect. School districts, county attorneys, and law enforcement may establish the programs and coordinate them with other community-based truancy services in order to provide the necessary and most effective intervention for children and their families. This continuum of intervention and services involves progressively intrusive intervention, beginning with strong service-oriented efforts at the school and community level and involving the court’s authority only when necessary.
260A.02 DEFINITIONS
Subd. 3.Continuing truant.
“Continuing truant” means a child who is subject to the compulsory instruction requirements of section 120A.22 and is absent from instruction in a school, as defined in section 120A.05, without valid excuse within a single school year for:
(1) three days if the child is in elementary school; or
(2) three or more class periods on three days if the child is in middle school, junior high school, or high school.
Nothing in this section shall prevent a school district from notifying a truant child’s parent or legal guardian of the child’s truancy or otherwise addressing a child’s attendance problems prior to the child becoming a continuing truant.
260C.007 DEFINITIONS
Subd. 19.Habitual truant.
“Habitual truant” means a child under the age of 16 years who is absent from attendance at school without lawful excuse for seven school days if the child is in elementary school or for one or more class periods on seven school days if the child is in middle school, junior high school, or high school, or a child who is 16 or 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days and who has not lawfully withdrawn from school under section 120A.22, subdivision 8.
120A.34 VIOLATIONS; PENALTIES
Any person who fails or refuses to provide for instruction of a child of whom the person has legal custody, and who is required by section 120A.22, subdivision 5, to receive instruction, when notified so to do by a truant officer or other official, or any person who induces or attempts to induce any child unlawfully to be absent from school, or who knowingly harbors or employs, while school is in session, any child unlawfully absent from school, shall be guilty of a petty misdemeanor. Any fines collected shall be paid into the county treasury for the benefit of the school district in which the offense is committed.
Source for all statutes listed above are published and made available by the Minnesota Officer of the Revisor of Statutes.
Legal References: 120A.22, 120A.34, 260A & 260C
School Policy
Carlton County has 7 school districts and each school has its own Attendance Policy unique to that particular school. These policies are printed in the student/parent handbook. Please review and become familiar with these policies and procedures.
CARLTON COUNTY TRUANCY PROCEDURES
1. Three unexcused or a combination of eight total unexcused/excused absences
a. Initial letter of notification letter sent to parents by school officials
2. Five unexcused or a combination of ten total unexcused/excused absences
a. Referral sent to the Truancy Officer, the district Truancy Officer may take the following actions (in cooperation with school administration):
Meet with the student and/or parent/guardian to explain Minnesota State attendance laws and consequences
· Sign an individual attendance contract with student and/or parents
· Contact and arrange assistance for family with any needed support services (i.e.: family school support worker, social worker, school nurse, school counselor)
3. Seven unexcused absences or more, referral to Carlton County District Attorney (habitual truant under Minnesota Statute 260C.007 sub 19)
a. Truancy Petition filed with Carlton County Attorney
· District Attorney may file as a child in need of protection with District Court
· Depending on the age of the student, District Attorney, Truancy Officer and Carlton County Human Services will make a determination whether or not it is a case of truancy or educational neglect
EXCESSIVE EXCUSED ABSENCES
Students and parents/guardians must understand that each school has the right to not give credit or promote to the next grade due to inadequate seat time. It must also be understood that each school reserves the right to request physicians notes for a student who has had excessive excused absences (if a note has been requested and not provided, the school can determine that day to be absent unexcused).
It is the responsibility of each student and parent/guardian to read attendance policies within their school’s handbook. Refer to school administration for questions or clarification.
All policies and procedures listed above pertain to k-12 students enrolled in a Carlton County school.
For more information contact:
Joshua L Hagen – Carlton County Truancy Officer
330 10th St. N
Cloquet, MN 55720
218-390-4813 Cell
218-878-3007 Office
218-878-3013 Fax
jhagen@cloquet.k12.mn.us