1.1 	A bill for an act
1.2 	relating to education; requiring persons under 18
1.3 	years of age to attend school as a requirement for
1.4 	possessing a driver's permit or license; amending
1.5 	Minnesota Statutes 2004, sections 13.32, subdivisions
1.6 	1, 3, 8, 9; 171.04, subdivision 1; 171.05,
1.7 	subdivisions 2, 2b, 3; 260A.03; proposing coding for
1.8 	new law in Minnesota Statutes, chapters 120A; 171.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 13.32,
1.11 	subdivision 1, is amended to read:
1.12 		Subdivision 1.Definitions.  As used in this section:
1.13 	(a) "Dismissal" means expelling or excluding a student
1.14 	under the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56.
1.15 	(b) "Educational data" means data on individuals maintained
1.16 	by a public educational agency or institution or by a person
1.17 	acting for the agency or institution which relates to a student.
1.18 	Records of instructional personnel which are in the sole
1.19 	possession of the maker thereof and are not accessible or
1.20 	revealed to any other individual except a substitute teacher,
1.21 	and are destroyed at the end of the school year, shall not be
1.22 	deemed to be government data.
1.23 	Records of a law enforcement unit of a public educational
1.24 	agency or institution which are maintained apart from education
1.25 	data and are maintained solely for law enforcement purposes, and
1.26 	are not disclosed to individuals other than law enforcement
1.27 	officials of the jurisdiction are not educational data;
2.1 	provided, that education records maintained by the educational
2.2 	agency or institution are not disclosed to the personnel of the
2.3 	law enforcement unit.  The University of Minnesota police
2.4 	department is a law enforcement agency for purposes of section
2.5 	13.82 and other sections of Minnesota Statutes dealing with law
2.6 	enforcement records.  Records of organizations providing
2.7 	security services to a public educational agency or institution
2.8 	must be administered consistent with section 13.861.
2.9 	Records relating to a student who is employed by a public
2.10 	educational agency or institution which are made and maintained
2.11 	in the normal course of business, relate exclusively to the
2.12 	individual in that individual's capacity as an employee, and are
2.13 	not available for use for any other purpose are classified
2.14 	pursuant to section 13.43.
2.15 	~~(b)~~ (c) "Habitual truant" means a student absent from
2.16 	attendance at school as defined under section 260C.101,
2.17 	subdivision 19.
2.18 	(d) "Juvenile justice system" includes criminal justice
2.19 	agencies and the judiciary when involved in juvenile justice
2.20 	activities, and the Department of Public Safety, but only when
2.21 	the Department of Public Safety under section 171.056 cancels or
2.22 	reinstates the driving privileges of a habitual truant or a
2.23 	dismissed student.
2.24 	~~(c)~~ (e) "Student" means an individual currently or formerly
2.25 	enrolled or registered, applicants for enrollment or
2.26 	registration at a public educational agency or institution, or
2.27 	individuals who receive shared time educational services from a
2.28 	public agency or institution.
2.29 	~~(d)~~ (f) "Substitute teacher" means an individual who
2.30 	performs on a temporary basis the duties of the individual who
2.31 	made the record, but does not include an individual who
2.32 	permanently succeeds to the position of the maker of the record.

2.33 	Sec. 2. Minnesota Statutes 2004, section 13.32,
2.34 	subdivision 3, is amended to read:
2.35 		Subd. 3.Private data; when disclosure is permitted.
 2.36 	Except as provided in subdivision 5, educational data is private
3.1 	data on individuals and shall not be disclosed except as follows:
3.2 	(a) pursuant to section 13.05;
3.3 	(b) pursuant to a valid court order;
3.4 	(c) pursuant to a statute specifically authorizing access
3.5 	to the private data;
3.6 	(d) to disclose information in health and safety
3.7 	emergencies pursuant to the provisions of United States Code,
3.8 	title 20, section 1232g(b)(1)(I) and Code of Federal
3.9 	Regulations, title 34, section 99.36;
3.10 	(e) pursuant to the provisions of United States Code, title
3.11 	20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
3.12 	(b)(3) and Code of Federal Regulations, title 34, sections
3.13 	99.31, 99.32, 99.33, 99.34, and 99.35;
3.14 	(f) to appropriate health authorities to the extent
3.15 	necessary to administer immunization programs and for bona fide
3.16 	epidemiologic investigations which the commissioner of health
3.17 	determines are necessary to prevent disease or disability to
3.18 	individuals in the public educational agency or institution in
3.19 	which the investigation is being conducted;
3.20 	(g) when disclosure is required for institutions that
3.21 	participate in a program under title IV of the Higher Education
3.22 	Act, United States Code, title 20, chapter 1092;
3.23 	(h) to the appropriate school district officials to the
3.24 	extent necessary under subdivision 6, annually to indicate the
3.25 	extent and content of remedial instruction, including the
3.26 	results of assessment testing and academic performance at a
3.27 	postsecondary institution during the previous academic year by a
3.28 	student who graduated from a Minnesota school district within
3.29 	two years before receiving the remedial instruction;
3.30 	(i) to appropriate authorities as provided in United States
3.31 	Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
3.32 	the juvenile justice system and the ability of the system to
3.33 	effectively serve, prior to adjudication, the student whose
3.34 	records are released~~;~~provided that:
3.35 	(1) the authorities to whom the data are released submit a
3.36 	written request for the data that certifies that the data will
4.1 	not be disclosed to any other person except as authorized by law
4.2 	without the written consent of the parent of the student and the
4.3 	request and a record of the release are maintained in the
4.4 	student's file; and 
4.5 	(2) for a habitual truant, or a dismissed student, the
4.6 	school principal or chief administrative officer certifies in
4.7 	writing that the data will not be disclosed to any other person
4.8 	except as authorized by law without the prior written consent of
4.9 	the student's parent or guardian and the certification and a
4.10 	record of all disclosures are maintained in the student's file;
4.11 	(j) to volunteers who are determined to have a legitimate
4.12 	educational interest in the data and who are conducting
4.13 	activities and events sponsored by or endorsed by the
4.14 	educational agency or institution for students or former
4.15 	students;
4.16 	(k) to provide student recruiting information, from
4.17 	educational data held by colleges and universities, as required
4.18 	by and subject to Code of Federal Regulations, title 32, section
4.19 	216;
4.20 	(l) to the juvenile justice system if information about the
4.21 	behavior of a student who poses a risk of harm is reasonably
4.22 	necessary to protect the health or safety of the student or
4.23 	other individuals;
4.24 	(m) with respect to Social Security numbers of students in
4.25 	the adult basic education system, to Minnesota State Colleges
4.26 	and Universities and the Department of Employment and Economic
4.27 	Development for the purpose and in the manner described in
4.28 	section 124D.52, subdivision 7; or
4.29 	(n) to the commissioner of education for purposes of an
4.30 	assessment or investigation of a report of alleged maltreatment
4.31 	of a student as mandated by section 626.556.  Upon request by
4.32 	the commissioner of education, data that are relevant to a
4.33 	report of maltreatment and are from charter school and school
4.34 	district investigations of alleged maltreatment of a student
4.35 	must be disclosed to the commissioner, including, but not
4.36 	limited to, the following:
5.1 	(1) information regarding the student alleged to have been
5.2 	maltreated;
5.3 	(2) information regarding student and employee witnesses;
5.4 	(3) information regarding the alleged perpetrator; and
5.5 	(4) what corrective or protective action was taken, if any,
5.6 	by the school facility in response to a report of maltreatment
5.7 	by an employee or agent of the school or school district.

5.8 	Sec. 3. Minnesota Statutes 2004, section 13.32,
5.9 	subdivision 8, is amended to read:
5.10 		Subd. 8.Access by juvenile justice system.  (a) Upon
5.11 	request, the following education data shall be disclosed under
5.12 	subdivision 3, clause (i) (1), to the juvenile justice system:  a
5.13 	student's full name, home address, telephone number, date of
5.14 	birth; a student's school schedule, attendance record, and
5.15 	photographs, if any; and parents' names, home addresses, and
5.16 	telephone numbers. For the purposes of section 171.056, the
5.17 	following education data shall be disclosed under subdivision 3,
5.18 	clause (i)(2), to the juvenile justice system:  a student's full
5.19 	name, date of birth, and that portion of the student's
5.20 	attendance record during the current school year that
5.21 	encompasses the period related to the student's dismissal or
5.22 	truancy.
5.23 	(b) In addition, the existence of the following data about
5.24 	a student may be disclosed under subdivision 3, clause (i):
5.25 	(1) use of a controlled substance, alcohol, or tobacco;
5.26 	(2) assaultive or threatening conduct that could result in
5.27 	dismissal from school under section 121A.45, subdivision 2,
5.28 	clause (b) or (c);
5.29 	(3) possession or use of weapons or look-alike weapons;
5.30 	(4) theft; ~~or~~ 
5.31 	(5) vandalism or other damage to property;
5.32 	(6) dismissal if the student has been expelled or excluded
5.33 	from a public or charter school; or 
5.34 	(7) truancy if the student is a habitual truant.
5.35 	Any request for access to data under this paragraph or
5.36 	disclosure of data for the purposes of section 171.056must
6.1 	contain an explanation of why access to the data is necessary to
6.2 	serve the student.
6.3 	(c) A principal or chief administrative officer of a school
6.4 	who receives a request to disclose information about a student
6.5 	to the juvenile justice system under paragraph (b), clauses (1)
6.6 	to (5),shall, to the extent permitted by federal law, notify
6.7 	the student's parent or guardian by certified mail of the
6.8 	request to disclose information before disclosing the
6.9 	information.  If the student's parent or guardian notifies the
6.10 	principal or chief administrative officer within ten days of
6.11 	receiving the certified notice that the parent or guardian
6.12 	objects to the disclosure, the principal or chief administrative
6.13 	officer must not disclose the information.  The principal or
6.14 	chief administrative officer must inform the requesting member
6.15 	of the juvenile justice system of the objection. A principal or
6.16 	chief administrative officer of a school who discloses
6.17 	information under paragraph (b), clauses (6) and (7), must
6.18 	comply with the notice requirements under section 171.056.
6.19 	(d) A principal or chief administrative officer is not
6.20 	required to create data under this subdivision.  Information
6.21 	provided in response to a data request or disclosed for the
6.22 	purposes of section 171.056under paragraph (b) shall indicate
6.23 	only whether the data described in paragraph (b) exist.  The
6.24 	principal or chief administrative officer is not authorized
6.25 	under paragraph (b) to disclose the actual data or other
6.26 	information contained in the student's education record.  A
6.27 	principal or chief administrative officer is not required to
6.28 	provide data that are protected by court order. For paragraph
6.29 	(b), clauses (1) to (5),a principal or chief administrative
6.30 	officer must respond to a data request within 14 days if no
6.31 	objection is received from the parent or guardian.
6.32 	(e) If the school board does not waive the school
6.33 	attendance requirement for driving privileges, then a principal
6.34 	or chief administrative officer of a school may disclose only
6.35 	the habitual truancy status or dismissal of a student to the
6.36 	Department of Public Safety under paragraph (b), and only for
7.1 	the purposes of section 171.056.
7.2 	(f) Nothing in this subdivision shall limit the disclosure
7.3 	of educational data pursuant to court order.
7.4 	~~(f)~~ (g) A school district, its agents, and employees who
7.5 	provide data in good faith under this subdivision are not liable
7.6 	for compensatory or exemplary damages or an award of attorney
7.7 	fees in an action under section 13.08, or other law, or for a
7.8 	penalty under section 13.09.
7.9 	~~(g)~~ (h) Section 13.03, subdivision 4, applies to data that
7.10 	are shared under this subdivision with a government entity.  If
7.11 	data are shared with a member of the juvenile justice system who
7.12 	is not a government entity, the person receiving the shared data
7.13 	must treat the data consistent with the requirements of this
7.14 	chapter applicable to a government entity.
7.15 	~~(h)~~ (i) A member of the juvenile justice system who falsely
7.16 	certifies a request for data under this section is subject to
7.17 	the penalties under section 13.09.

7.18 	Sec. 4. Minnesota Statutes 2004, section 13.32,
7.19 	subdivision 9, is amended to read:
7.20 		Subd. 9.Forms. (a) To make a data request under
7.21 	subdivision 8, paragraph (b), clauses (1) to (5),a member of
7.22 	the juvenile justice system must use the following form:
7.23 	REQUEST FOR INFORMATION
7.24 	Family Educational Rights and Privacy Act/
7.25 	 Minnesota Government Data Practices Act
7.26 	DATE/TIME OF REQUEST ............................
7.27 	TO:  ........................................
7.28 	         (Superintendent of school district
7.29 	          or chief administrative officer of school)
7.30 	FROM:    ........................................
7.31 	         (Requester's name/agency)
7.32 	STUDENT:  .......................................
7.33 	BASIS FOR REQUEST
7.34 	... Juvenile delinquency investigation/prosecution
7.35 	... Child protection assessment/investigation
7.36 	... Investigation/filing of CHIPS or delinquency
7.37 	     petition
7.38 	REASON FOR REQUEST (requester must describe why information
8.1 	regarding existence of the data marked below is necessary to
8.2 	effectively serve the student)...................................
8.3 	.................................................................
8.4 	.................................................................
8.5 	.................................................................
8.6 	RESPONSE TO REQUEST
8.7 	The school must indicate whether it has data on the student
8.8 	that document any activity or behavior marked by the requester.
8.9 	INFORMATION REQUESTED (mark all that apply)             RESPONSE
8.10 	Indicate whether you have data
8.11 	that document the student's:                         (yes or no)
8.12 	... use of a controlled substance, alcohol,
8.13 	     or tobacco                                            ....
8.14 	... assaultive or threatening conduct as defined
8.15 	     in Minnesota Statutes, section 13.32,
8.16 	     subdivision 8                                         ....
8.17 	... possession or use of weapons or look-alike
8.18 	     weapons                                               ....
8.19 	... theft                                                 ....
8.20 	... vandalism and damage to property                      ....
8.21 	CERTIFICATION:  The undersigned certifies that the undersigned
8.22 	is a member of the juvenile justice system.  The requested data
8.23 	are needed by the juvenile justice system so it may effectively
8.24 	serve, prior to adjudication, the student whose records are
8.25 	released.  The undersigned will not disclose the information
8.26 	received to any other party, except as provided under state law,
8.27 	without prior written consent as required by Code of Federal
8.28 	Regulations, title 34, section 99.38(b).  The undersigned
8.29 	further certifies that the undersigned understands that by
8.30 	signing this request, the undersigned is subject to the
8.31 	penalties in Minnesota Statutes, section 13.09.
8.32 	.......................................................
8.33 	Signature/Title
8.34 	(b) To disclose data under subdivision 8, paragraph (b),
8.35 	clauses (6) and (7), a principal or chief administrative officer
8.36 	must use the following form:
8.37 	DISCLOSURE OF INFORMATION 
8.38 	Family Educational Rights and Privacy Act/
8.39 	 Minnesota Government Data Practices Act 
9.1 	DATE/TIME OF DISCLOSURE ............................
9.2 	TO:  Department of Public Safety 
9.3 	FROM:     ........................................
9.4 	          (Discloser's name/school, school district) 
9.5 	STUDENT:  ........................................
9.6 	INFORMATION DISCLOSED 
9.7 	Indicate whether you have data that document the student's:
9.8 	... absence from school 
9.9 	... conformance with all applicable attendance laws, rules,
9.10 	 and policies 
9.11 	REASON FOR DISCLOSURE (principal or chief administrative officer
9.12 	must describe why information regarding existence of the
9.13 	student's attendance data is necessary to effectively serve the
9.14 	student) 
9.15 	..............................................................
9.16 	..............................................................
9.17 	..............................................................
9.18 	CERTIFICATION:  The undersigned certifies that the undersigned
9.19 	is a principal or chief administrative officer (circle one) of
9.20 	....... (name of school) in ....... School District No. .......,
9.21 	....... (name of school district).  The disclosed data is needed
9.22 	by the Department of Public Safety so it may effectively serve,
9.23 	prior to adjudication, the student whose records are released.
9.24 	The undersigned will not disclose the information except as
9.25 	provided under state law, without prior written consent required
9.26 	by Code of Federal Regulations, title 34, section 99.38(b).  The
9.27 	undersigned further certifies that the undersigned understands
9.28 	that by signing this request, the undersigned is subject to the
9.29 	penalties in Minnesota Statutes, section 13.09.
9.30 	.......................................................
9.31 	Signature/Principal/Chief administrative officer
9.32 	of ....... (name of school).......
9.33 	School District No. ....., ..... (Name of School District) 
9.34 	CERTIFICATION:  The undersigned certifies that the undersigned
9.35 	is a member of the juvenile justice system.  The data received
9.36 	is needed by the juvenile justice system so it may assist
9.37 	....... school in ....... School District No. ......., .......,
9.38 	to effectively serve, prior to adjudication, the student whose
10.1 	records are released.  The undersigned will not disclose the
10.2 	information received to any other party, except as provided
10.3 	under state law, without prior written consent required by Code
10.4 	of Federal Regulations, title 34, section 99.38(b).  The
10.5 	undersigned further certifies that the undersigned understands
10.6 	that by signing this request, the undersigned is subject to the
10.7 	penalties in Minnesota Statutes, section 13.09.
10.8 	.......................................................
10.9 	Signature/Title/Department of Public Safety 

10.10 	Sec. 5. [120A.23] SCHOOL ATTENDANCE REQUIREMENT; DRIVING
10.11 	PRIVILEGES.
10.12 	A district school board, board of a state approved
10.13 	alternative program (SAAP), or charter school board of directors
10.14 	may, by majority vote, waive the school attendance requirement
10.15 	for driving privileges under section 171.056 for students it
10.16 	enrolls.  The board must vote to waive the requirement before
10.17 	September 1 of the initial school year in which the waiver is
10.18 	effective.  If a board intends to rescind its waiver and require
10.19 	students to comply with the school attendance requirement under
10.20 	section 171.056, for any subsequent school year, the board must
10.21 	vote before September 1 of the school year in which the waiver
10.22 	is initially rescinded.

10.23 	EFFECTIVE DATE. This section is effective July 1, 2005.

10.24 	Sec. 6. Minnesota Statutes 2004, section 171.04,
10.25 	subdivision 1, is amended to read:
10.26 		Subdivision 1.Persons not eligible.  The department
10.27 	shall not issue a driver's license:
10.28 	(1) to any person under 18 years unless:
10.29 	(i) the applicant is 16 or 17 years of age and has a
10.30 	previously issued valid license from another state or country or
10.31 	the applicant has, for the 12 consecutive months preceding
10.32 	application, held a provisional license and during that time has
10.33 	incurred (A) no conviction for a violation of section 169A.20,
10.34 	169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no
10.35 	conviction for a crash-related moving violation, and (C) not
10.36 	more than one conviction for a moving violation that is not
11.1 	crash related.  "Moving violation" means a violation of a
11.2 	traffic regulation but does not include a parking violation,
11.3 	vehicle equipment violation, or warning citation;
11.4 	(ii) the application for a license is approved by (A)
11.5 	either parent when both reside in the same household as the
11.6 	minor applicant or, if otherwise, then (B) the parent or spouse
11.7 	of the parent having custody or, in the event there is no court
11.8 	order for custody, then (C) the parent or spouse of the parent
11.9 	with whom the minor is living or, if subitems (A) to (C) do not
11.10 	apply, then (D) the guardian having custody of the minor or, in
11.11 	the event a person under the age of 18 has no living father,
11.12 	mother, or guardian, or is married or otherwise legally
11.13 	emancipated, then (E) the minor's adult spouse, adult close
11.14 	family member, or adult employer; provided, that the approval
11.15 	required by this item contains a verification of the age of the
11.16 	applicant and the identity of the parent, guardian, adult
11.17 	spouse, adult close family member, or adult employer; ~~and~~ 
11.18 	(iii) the applicant presents a certification by the person
11.19 	who approves the application under item (ii), stating that the
11.20 	applicant has driven a motor vehicle accompanied by and under
11.21 	supervision of a licensed driver at least 21 years of age for at
11.22 	least ten hours during the period of provisional licensure; and 
11.23 	(iv) the applicant certifies the applicant's school
11.24 	attendance under section 171.056, or that the attendance
11.25 	requirement is waived under section 120A.23;
11.26 	(2) to any person who is 18 years of age or younger, unless
11.27 	the person has applied for, been issued, and possessed the
11.28 	appropriate instruction permit for a minimum of six months, and,
11.29 	with respect to a person under 18 years of age, a provisional
11.30 	license for a minimum of 12 months;
11.31 	(3) to any person who is 19 years of age or older, unless
11.32 	that person has applied for, been issued, and possessed the
11.33 	appropriate instruction permit for a minimum of three months;
11.34 	(4) to any person whose license has been suspended during
11.35 	the period of suspension except that a suspended license may be
11.36 	reinstated during the period of suspension upon the licensee
12.1 	furnishing proof of financial responsibility in the same manner
12.2 	as provided in the Minnesota No-Fault Automobile Insurance Act;
12.3 	(5) to any person whose license has been revoked except
12.4 	upon furnishing proof of financial responsibility in the same
12.5 	manner as provided in the Minnesota No-Fault Automobile
12.6 	Insurance Act and if otherwise qualified;
12.7 	(6) to any drug-dependent person, as defined in section
12.8 	254A.02, subdivision 5;
12.9 	(7) to any person who has been adjudged legally incompetent
12.10 	by reason of mental illness, mental deficiency, or inebriation,
12.11 	and has not been restored to capacity, unless the department is
12.12 	satisfied that the person is competent to operate a motor
12.13 	vehicle with safety to persons or property;
12.14 	(8) to any person who is required by this chapter to take a
12.15 	vision, knowledge, or road examination, unless the person has
12.16 	successfully passed the examination.  An applicant who fails
12.17 	four road tests must complete a minimum of six hours of
12.18 	behind-the-wheel instruction with an approved instructor before
12.19 	taking the road test again;
12.20 	(9) to any person who is required under the Minnesota
12.21 	No-Fault Automobile Insurance Act to deposit proof of financial
12.22 	responsibility and who has not deposited the proof;
12.23 	(10) to any person when the commissioner has good cause to
12.24 	believe that the operation of a motor vehicle on the highways by
12.25 	the person would be inimical to public safety or welfare;
12.26 	(11) to any person when, in the opinion of the
12.27 	commissioner, the person is afflicted with or suffering from a
12.28 	physical or mental disability or disease that will affect the
12.29 	person in a manner as to prevent the person from exercising
12.30 	reasonable and ordinary control over a motor vehicle while
12.31 	operating it upon the highways;
12.32 	(12) to a person who is unable to read and understand
12.33 	official signs regulating, warning, and directing traffic;
12.34 	(13) to a child for whom a court has ordered denial of
12.35 	driving privileges under section 260C.201, subdivision 1, or
12.36 	260B.235, subdivision 5, until the period of denial is
13.1 	completed; or
13.2 	(14) to any person whose license has been canceled, during
13.3 	the period of cancellation.
13.4 	
EFFECTIVE DATE. This section is effective September 1,
13.5 	2005, and applies to all persons under 18 years of age
13.6 	possessing or applying for a driver's instruction permit or
13.7 	provisional license on or after that date.

13.8 	Sec. 7. Minnesota Statutes 2004, section 171.05,
13.9 	subdivision 2, is amended to read:
13.10 		Subd. 2.Person less than 18 years of age.  (a)
13.11 	Notwithstanding any provision in subdivision 1 to the contrary,
13.12 	the department may issue an instruction permit to an applicant
13.13 	who is 15, 16, or 17 years of age and who:
13.14 	(1) has completed a course of driver education in another
13.15 	state, has a previously issued valid license from another state,
13.16 	or is enrolled in either:
13.17 	(i) a public, private, or commercial driver education
13.18 	program that is approved by the commissioner of public safety
13.19 	and that includes classroom and behind-the-wheel training; or
13.20 	(ii) an approved behind-the-wheel driver education program
13.21 	when the student is receiving full-time instruction in a home
13.22 	school within the meaning of sections 120A.22 and 120A.24, the
13.23 	student is working toward a homeschool diploma, the student's
13.24 	status as a homeschool student has been certified by the
13.25 	superintendent of the school district in which the student
13.26 	resides, and the student is taking home-classroom driver
13.27 	training with classroom materials approved by the commissioner
13.28 	of public safety;
13.29 	(2) has completed the classroom phase of instruction in the
13.30 	driver education program;
13.31 	(3) has passed a test of the applicant's eyesight;
13.32 	(4) has passed a department-administered test of the
13.33 	applicant's knowledge of traffic laws;
13.34 	(5) has completed the required application, which must be
13.35 	approved by (i) either parent when both reside in the same
13.36 	household as the minor applicant or, if otherwise, then (ii) the
14.1 	parent or spouse of the parent having custody or, in the event
14.2 	there is no court order for custody, then (iii) the parent or
14.3 	spouse of the parent with whom the minor is living or, if items
14.4 	(i) to (iii) do not apply, then (iv) the guardian having custody
14.5 	of the minor or, in the event a person under the age of 18 has
14.6 	no living father, mother, or guardian, or is married or
14.7 	otherwise legally emancipated, then (v) the applicant's adult
14.8 	spouse, adult close family member, or adult employer; provided,
14.9 	that the approval required by this clause contains a
14.10 	verification of the age of the applicant and the identity of the
14.11 	parent, guardian, adult spouse, adult close family member, or
14.12 	adult employer; ~~and~~ 
14.13 	(6) certifies the applicant's school attendance under
14.14 	section 171.056, or that the attendance requirement is waived
14.15 	under section 120A.23; and 
14.16 	(7) has paid the fee required in section 171.06,
14.17 	subdivision 2.
14.18 	(b) The instruction permit is valid for one year from the
14.19 	date of application and may be renewed upon payment of a fee
14.20 	equal to the fee for issuance of an instruction permit under
14.21 	section 171.06, subdivision 2.
14.22 	
EFFECTIVE DATE. This section is effective September 1,
14.23 	2005, and applies to all persons under 18 years of age
14.24 	possessing or applying for a driver's instruction permit on or
14.25 	after that date.

14.26 	Sec. 8. Minnesota Statutes 2004, section 171.05,
14.27 	subdivision 2b, is amended to read:
14.28 		Subd. 2b.Instruction permit use by person under age 18.
 14.29 	(a) This subdivision applies to persons who have applied for and
14.30 	received an instruction permit under subdivision 2.
14.31 	(b) The permit holder may, with the permit in possession,
14.32 	operate a motor vehicle, but must be accompanied by and be under
14.33 	the supervision of a certified driver education instructor, the
14.34 	permit holder's parent or guardian, or another licensed driver
14.35 	age 21 or older.  The supervisor must occupy the seat beside the
14.36 	permit holder.
15.1 	(c) The permit holder may operate a motor vehicle only when
15.2 	every occupant under the age of 18 has a seat belt or child
15.3 	passenger restraint system properly fastened.  A person who
15.4 	violates this paragraph is subject to a fine of $25.  A peace
15.5 	officer may not issue a citation for a violation of this
15.6 	paragraph unless the officer lawfully stopped or detained the
15.7 	driver of the motor vehicle for a moving violation as defined in
15.8 	section 171.04, subdivision 1.  The commissioner shall not
15.9 	record a violation of this paragraph on a person's driving
15.10 	record.
15.11 	(d) The permit holder must maintain a driving record free
15.12 	of convictions for moving violations, as defined in section
15.13 	171.04, subdivision 1, and free of convictions for violation of
15.14 	section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
15.15 	169A.53.  If the permit holder drives a motor vehicle in
15.16 	violation of the law, the commissioner shall suspend, cancel, or
15.17 	revoke the permit in accordance with the statutory section
15.18 	violated.
15.19 	(e) The permit holder must comply with the school
15.20 	attendance requirement under section 171.056, except when the
15.21 	attendance requirement is waived under section 120A.23.  If the
15.22 	permit holder does not attend school as required, the
15.23 	commissioner must cancel the permit according to section 171.056.
15.24 	
EFFECTIVE DATE. This section is effective September 1,
15.25 	2005, and applies to all persons under 18 years of age
15.26 	possessing or applying for a driver's instruction permit on or
15.27 	after that date.

15.28 	Sec. 9. Minnesota Statutes 2004, section 171.05,
15.29 	subdivision 3, is amended to read:
15.30 		Subd. 3.Motorized bicycle.  Notwithstanding any
15.31 	provision in subdivision 1 to the contrary, the department, upon
15.32 	application and payment of the fee prescribed in section 171.02,
15.33 	subdivision 3, may issue a motorized bicycle instruction permit
15.34 	to an applicant who is 15 years of age ~~and~~ ,who has successfully
15.35 	completed the written portion of the examination prescribed by
15.36 	the commissioner, and who certifies the applicant's school
16.1 	attendance under section 171.056, or that the attendance
16.2 	requirement is waived under section 120A.23.  The holder of this
16.3 	instruction permit who has the permit in possession may operate
16.4 	a motorized bicycle within one mile of the holder's residence
16.5 	for the purpose of practicing to take the operator portion of
16.6 	the examination prescribed by the commissioner.
16.7 	
EFFECTIVE DATE. This section is effective September 1,
16.8 	2005, and applies to all persons under 18 years of age
16.9 	possessing or applying for a motorized bicycle instruction
16.10 	permit on or after that date.

16.11 	Sec. 10. [171.056] SCHOOL ATTENDANCE REQUIREMENT FOR
16.12 	DRIVER'S INSTRUCTION PERMIT, MOTORIZED BICYCLE PERMIT, AND
16.13 	PROVISIONAL LICENSE.
16.14 		Subdivision 1.Definitions. (a) As used in this section
16.15 	the terms defined in this subdivision have the meanings given
16.16 	them.
16.17 	(b) "Dismissal" or "dismissed" means a student who is
16.18 	expelled or excluded under the Pupil Fair Dismissal Act,
16.19 	sections 121A.40 to 121A.56.
16.20 	(c) "Habitual truant" means a person absent from attendance
16.21 	at school as defined under section 260C.101, subdivision 19.
16.22 	(d) "Public school" means a public school, state approved
16.23 	alternative program (SAAP), or charter school.
16.24 	(e) "School board" means a public school district school
16.25 	board, SAAP board, or charter school board of directors.
16.26 	(f) "School principal" means a principal or chief
16.27 	administrative officer of a public school.
16.28 	Subd. 2.[ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION
16.29 	PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL LICENSE.] (a)
16.30 	Notwithstanding any law to the contrary, except when the
16.31 	attendance requirement is waived under section 120A.23, school
16.32 	attendance is a requirement for issuing a new driver's
16.33 	instruction permit, motorized bicycle permit, or provisional
16.34 	license or renewing the permit of a person under 18 years old.
16.35 	The person meets the school attendance requirement when the
16.36 	person:
17.1 	(1) has a high school diploma or general education
17.2 	development certificate (GED);
17.3 	(2) has withdrawn from school under section 120A.22,
17.4 	subdivision 8; or 
17.5 	(3)(i) is enrolled and attending a public school; is not
17.6 	truant; is enrolled and attending a nonpublic school; is
17.7 	homeschooled; or when absent, is excused according to the public
17.8 	school attendance policy;
17.9 	(ii) has conformed to all the applicable attendance laws,
17.10 	rules, and policies; and 
17.11 	(iii) is not dismissed from school.
17.12 	(b) A person under 18 years old who applies for a motorized
17.13 	bicycle permit, instruction permit, or provisional license must
17.14 	submit information to the Department of Public Safety in the
17.15 	manner and format it prescribes certifying that the person has
17.16 	met the requirements of paragraph (a).
17.17 	(c) If applicable, a school principal must certify on the
17.18 	form under section 13.32, subdivision 8, paragraph (c), a
17.19 	person's absence from school because the person is a habitual
17.20 	truant, or the person is dismissed.  A public school in its
17.21 	student attendance policy must give notice to the parent or
17.22 	guardian and student that it will disclose the absence of a
17.23 	student to the Department of Public Safety for the purposes of
17.24 	this section to enable the juvenile justice system to
17.25 	effectively serve, prior to adjudication, the student whose
17.26 	absence information because of habitual truancy or dismissal is
17.27 	released.
17.28 		Subd. 3.Cancellation of permit or license. (a)
17.29 	Notwithstanding any law to the contrary, the Department of
17.30 	Public Safety shall cancel the motorized bicycle permit,
17.31 	instruction permit, or provisional license of a person under 18
17.32 	years old when a school principal notifies the department that
17.33 	the person:
17.34 	(1) is absent from school because the person is a habitual
17.35 	truant consistent with school district student attendance
17.36 	policy, is not being homeschooled or attending a nonpublic
18.1 	school, has not withdrawn from school under section 120A.22,
18.2 	subdivision 8, and has not obtained a high school diploma or
18.3 	general education development certificate (GED); or 
18.4 	(2) is absent from school because the person has been
18.5 	dismissed from a public school, is not enrolled and attending
18.6 	any other public school or nonpublic school, and is not
18.7 	homeschooled.
18.8 	The public school must release the data to the Department of
18.9 	Public Safety according to the Family Education Rights and
18.10 	Privacy Act (FERPA), United States Code, title 20, section
18.11 	1232g, Code of Federal Regulations, title 34, part 99, and the
18.12 	Minnesota Data Practices Act, chapter 13.
18.13 	(b) Notwithstanding section 171.14, or other law to the
18.14 	contrary, the Department of Public Safety shall cancel the
18.15 	permit or license of a person under 18 years old until the
18.16 	earliest of:
18.17 	(1) the person becomes 18 years of age; or 
18.18 	(2) a school principal notifies the department to reinstate
18.19 	the person's permit or license because:
18.20 	(i) the person attended school for 120 days after the date
18.21 	the department issued its cancellation notice or until the end
18.22 	of the semester during which the person returns to school,
18.23 	whichever occurs last; or 
18.24 	(ii) a school principal at the direction of the school
18.25 	board, rescinds the person's dismissal.
18.26 	(c) A public school must notify:
18.27 	(1) the Department of Public Safety by any reasonable means
18.28 	on the form under section 13.32, subdivision 8, paragraph (c);
18.29 	and 
18.30 	(2) five days before notifying the department, the person
18.31 	and the person's parent or legal guardian by first class mail or
18.32 	other reasonable means that the person's motorized bicycle
18.33 	permit, instruction permit, or provisional license will be
18.34 	canceled and the person may request a hardship waiver from the
18.35 	person's school district superintendent or the equivalent
18.36 	administrator of a SAAP or charter school under subdivision 4.
19.1 	The Department of Public Safety shall notify the person
19.2 	that the person's permit or license has been canceled under
19.3 	section 171.14.
19.4 	(d) When a person satisfies a requirement for reinstating
19.5 	driving privileges under paragraph (b), a school principal shall
19.6 	electronically or by other reasonable means certify to the
19.7 	department on the form under section 13.32, subdivision 8,
19.8 	paragraph (c), that the person has satisfied a requirement under
19.9 	paragraph (b).
19.10 		Subd. 4.Hardship waiver. A person whose permit or
19.11 	provisional license is canceled, or has received notice that the
19.12 	permit or provisional license will be canceled under this
19.13 	section may submit to the school district superintendent or the
19.14 	equivalent administrator of a SAAP or charter school a request
19.15 	for a hardship waiver hearing in a manner and on a form the
19.16 	superintendent or administrator prescribes.  The superintendent
19.17 	or administrator must appoint a committee to hear the evidence
19.18 	and recommend in writing whether or not to cancel the person's
19.19 	motorized bicycle permit, instruction permit, or provisional
19.20 	license within seven days after the superintendent or
19.21 	administrator receives the request.  A school principal, the
19.22 	person whose permit or license is canceled, and the person's
19.23 	parent or guardian may present evidence.  The committee must
19.24 	submit for a final decision, to the superintendent or equivalent
19.25 	administrator, within two days of the date of the hearing, its
19.26 	recommendation, evidence, and other related documents.  The
19.27 	school principal must transmit notice by any reasonable means to
19.28 	the Department of Public Safety on the form under section 13.32,
19.29 	subdivision 8, paragraph (c), within seven days after the date
19.30 	of the hardship hearing indicating whether or not to reinstate
19.31 	the driving privileges.  The decision of the superintendent or
19.32 	administrator is final.
19.33 	
EFFECTIVE DATE. This section is effective September 1,
19.34 	2005, and applies to all persons under 18 years old possessing
19.35 	or applying for a motorized bicycle permit, driver's instruction
19.36 	permit, or provisional license on or after that date.

20.1 	Sec. 11. Minnesota Statutes 2004, section 260A.03, is
20.2 	amended to read:
20.3 	260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
20.4 	CONTINUING TRUANT.
20.5 	Upon a child's initial classification as a continuing
20.6 	truant, the school attendance officer or other designated school
20.7 	official shall notify the child's parent or legal guardian, by
20.8 	first-class mail or other reasonable means, of the following:
20.9 	(1) that the child is truant;
20.10 	(2) that the parent or guardian should notify the school if
20.11 	there is a valid excuse for the child's absences;
20.12 	(3) that the parent or guardian is obligated to compel the
20.13 	attendance of the child at school pursuant to section 120A.22
20.14 	and parents or guardians who fail to meet this obligation may be
20.15 	subject to prosecution under section 120A.34;
20.16 	(4) that this notification serves as the notification
20.17 	required by section 120A.34;
20.18 	(5) that alternative educational programs and services may
20.19 	be available in the district;
20.20 	(6) that the parent or guardian has the right to meet with
20.21 	appropriate school personnel to discuss solutions to the child's
20.22 	truancy;
20.23 	(7) that the school principal or chief administrative
20.24 	officer must notify the Department of Public Safety to cancel
20.25 	the child's driving privileges under section 171.056 when the
20.26 	child is a habitual truant under section 260C.007, subdivision
20.27 	19, unless the attendance requirement is waived under section
20.28 	120A.23.  The school principal or chief administrative officer
20.29 	may release this data to the Department of Public Safety to
20.30 	assist the juvenile justice system and enable the system to
20.31 	effectively serve, prior to adjudication, a child who is
20.32 	habitually truant;
20.33 	(8) that if the child continues to be truant, the parent
20.34 	and child may be subject to juvenile court proceedings under
20.35 	chapter 260C;
20.36 	~~(8)~~ (9) that if the child is subject to juvenile court
21.1 	proceedings, the child may be subject to suspension,
21.2 	restriction, or delay of the child's driving privilege pursuant
21.3 	to section 260C.201; and
21.4 	~~(9)~~ (10) that it is recommended that the parent or guardian
21.5 	accompany the child to school and attend classes with the child
21.6 	for one day.

21.7 	EFFECTIVE DATE. This section is effective September 1,
21.8 	2005.