Minn. Stat. § 260A.02 provides that a continuing truant is a student who is subject to the compulsory instruction requirements of Minn. Stat. § 120A.22 and is absent from instruction in a school, as defined in Minn. Stat. § 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 or high school.
When a student is initially classified as a continuing truant, Minn. Stat. § 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:
- That the child is truant.
- That the parent or guardian should notify the school if there is a valid excuse for the child’s absences.
- That the parent or guardian is obligated to compel the attendance of the child at school pursuant to Minn. Stat. § 120A.22 and parents or guardians who fail to meet this obligation may be subject to prosecution under Minn. Stat. § 120A.34.
- That this notification serves as the notification required by Minn. Stat. § 120A.34.
- That alternative educational programs and services may be available in the district.
- That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the child’s truancy.
- That if the child continues to be truant, the parent and child may be subject to juvenile court proceedings under Minn. Stat. Ch. 260.
- 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 Minn. Stat. § 260C.201.
- That it is recommended that the parent or guardian accompany the child to school and attend classes with the child for one day.
Habitual Truant is a child under the age of 17 years who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven days per school if the child is in middle school, junior high school, or high school, or a child who is 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attendance at school without lawful excuse for one or more class periods on seven school days and who has not lawfully withdrawn from school under section 120A.22, Subd.8.
A school district attendance officer shall refer a habitual truant child and the child’s parent or legal guardian to appropriate services and procedures, under Minn. Stat. Ch. 260A.
A child is in need of protection or services because the child is without the necessary food, clothing, shelter, education, or other required care for the child’s physical or mental health or morals because the child’s parent, guardian, or custodian is unable or unwilling to provide that care. Minn. Stat. Section 260C.007.Subd.6(3)
Educational neglect is a mandated Child Protection report under the Reporting ACT. See Minn. Stat. Section 626.556. Subd.2(f)(4) (failure to ensure the child is educated)