1.1 	A bill for an act
1.2 	relating to education; allowing a school district to
1.3 	terminate the enrollment of a nonresident enrollment
1.4 	options student during the school year; amending
1.5 	Minnesota Statutes 2004, sections 124D.03, subdivision
1.6 	12; 260C.143, subdivision 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 124D.03,
1.9 	subdivision 12, is amended to read:
1.10 		Subd. 12.Termination of enrollment.  A district may
1.11 	terminate the enrollment of a nonresident student enrolled under
1.12 	this section or section 124D.08~~at the end of a school year~~ if
1.13 	the student meets the definition of a habitual truant under
1.14 	section 260C.007, subdivision 19, the student has been provided
1.15 	appropriate services under chapter 260A, and the student's case
1.16 	has been referred to juvenile court. The district, at its
1.17 	discretion, may terminate the nonresident student's enrollment
1.18 	either during the school year and transfer or return the student
1.19 	to the student's resident school district notwithstanding
1.20 	subdivision 3, or at the end of the school year.A district may
1.21 	also terminate the enrollment of a nonresident student over the
1.22 	age of 16 enrolled under this section if the student is absent
1.23 	without lawful excuse for one or more periods on 15 school days
1.24 	and has not lawfully withdrawn from school under section
1.25 	120A.22, subdivision 8.
1.26 	
EFFECTIVE DATE. This section is effective for the
2.1 	2005-2006 school year and later.

2.2 	Sec. 2. Minnesota Statutes 2004, section 260C.143,
2.3 	subdivision 1, is amended to read:
2.4 		Subdivision 1.Notice.  When a peace officer, or
2.5 	attendance officer in the case of a habitual truant, has
2.6 	probable cause to believe that a child is in need of protection
2.7 	or services under section 260C.007, subdivision 6, clause (13)
2.8 	or (14), the officer may issue a notice to the child to appear
2.9 	in juvenile court in the county in which the child is found or
2.10 	in the county of the child's residence. An attendance officer
2.11 	must issue the notice to the child to appear in the county of
2.12 	the child's residence if the child's enrollment is terminated
2.13 	during the school year under section 124D.03, subdivision 12.
2.14 	If there is a school attendance review board or county attorney
2.15 	mediation program operating in the child's school district, a
2.16 	notice to appear in juvenile court for a habitual truant may not
2.17 	be issued until the applicable procedures under section 260A.06
2.18 	or 260A.07 have been followed.  The officer shall file a copy of
2.19 	the notice to appear with the juvenile court of the appropriate
2.20 	county.  If a child fails to appear in response to the notice,
2.21 	the court may issue a summons notifying the child of the nature
2.22 	of the offense alleged and the time and place set for the
2.23 	hearing.  If the peace officer finds it necessary to take the
2.24 	child into custody, sections 260C.175 and 260C.176 shall apply.
2.25 	
EFFECTIVE DATE. This section is effective September 1,
2.26 	2005.