Minnesota Statute 120A.22 requires children between 7 and 16 years of age to attend public or private school for the entire time the public schools in the district are in session unless the parent can show that the child s physical or mental condition or other circumstances make regular attendance impossible. Children may be excused 3 hours a week for religious instruction. A child who has completed studies required in the 10th grade is exempt.
Under Minnesota statute, officers are empowered to pick-up children who appear to be under the age of 16 to determine if they are truant from a school. Officers are allowed to then take the children to their home or school. While all children under 16 are potentially the target of the project, junior high and elementary students (ages 11 to 14) shall be targeted as a higher priority as they are at risk and are also potentially better risks for intervention.
Duties of Police Officers in Truancy Enforcement:
When a squad encounters a person that appears to be under 16 years old in a public place on a school day, between the hours of 0900 and 1400, that person should be interviewed. If after the initial interview the officer determines that the child is under 16 and is not out of school with a valid excuse, the child should be taken into custody for truancy. A valid excuse will consist of a notice from the students school that identifies the student as being out of school on legitimate business including job shadowing, on-the-job training or other vocational experiences. Notices of suspension are not valid excuses nor are dismissal slips as they instruct the student to be at home. Officers should exercise their discretion if the child appears to be on their way home.
Once the child has been taken into custody, the officer should search the child for weapons and contraband. It has been noted in other cities that it is very common for children who are "running the streets" to carry concealed weapons. Squads should then check the students name via radio with the service channel, to determine if the student has any outstanding warrants or is a runaway. If the student has possession of items that would constitute a crime (narcotics, dangerous weapons or firearms) or if the child has outstanding warrants or is a runaway; then the child is to be taken to the youth services section for processing.
If the student is "clear", the student should be issued a juvenile tag and returned to their school. The juvenile tag, like a curfew tag, may be issued without an additional report but the note section of the tag must be completed describing the circumstances under which the child was found and why it is believed that they are truant. The tag should be forwarded to the youth services section. The information on the tag will be used to create or update the child's contact history. Proper referrals will be made at that time.
Revised July 1, 2011