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The Minnesota compulsory instruction law requires students between the ages of seven and sixteen to receive educational instruction by attending school.  (Minnesota Statute 120A.22)  When a student fails to attend school as required by law, or repeatedly skips classes, the student may be disciplined by suspension or expulsion.

 

CONTINUAL TRUANT 

Minnesota Statute 260A.02 provides that a continuing truant is a student who is subject to the compulsory instruction requirements of Minnesota Statute 120A.22 and is absent from instruction in a school, as defined in Minnesota Statute 120A.05 without valid excuse within a single school year for: three days if the child is in elementary school; or three or more class periods on three days if the child is in middle school, junior high school or high school.

 

When a student is initially classified as a continuing truant, Minnesota Statute 260A.03 provides that the school Attendance Officer or other designated school official shall notify the student’s parent or legal guardian, by first class mail or other reasonable means, of the following: 1. that the child is truant; 2. that the parent or guardian should notify the school if there is a valid excuse for the child’s absences; 3. that the parent or guardian is obligated to compel the attendance of the child at school pursuant to Minnesota Statute 120A.22 and parents or guardians who fail to meet this obligation may be subject to prosecution under Minnesota Statute 120A.34; 4. that this notification serves as the notification required by Minnesota Statute 120A.34; 5. that alternative educational programs and services may be available in the district; 6. that the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the child’s truancy; 7. that if the child continues to be truant, the parent and child may be subject to juvenile court proceedings under Minnesota Statute Chapter 260; 8. that if the child is subject to juvenile court proceedings, the child may be subject to suspension, restriction, or delay of the child’s driving privilege pursuant to Minnesota Statute 260C.201; and 9. that it is recommended that the parent or guardian accompany the child to school and attend classes with the child for one day.

 

1. A habitual truant is 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. 2. A school district truancy counselor shall refer a habitual truant child and the child’s parent or legal guardian to appropriate services and procedures, under Minnesota Statute Chapter 260A.