HF 166

as introduced - 88th Legislature (2013 - 2014) Posted on 01/24/2013 01:28pm

A bill for an act
relating to education; allowing resident pupils temporarily placed in a care and
treatment center to continue to participate in district extracurricular activities;
amending Minnesota Statutes 2012, section 123B.49, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 123B.49, subdivision 4, is amended to read:

Subd. 4.

Board control of extracurricular activities.

(a) The board may take
charge of and control all extracurricular activities of the teachers and children of the public
schools in the district. Extracurricular activities means all direct and personal services for
pupils for their enjoyment that are managed and operated under the guidance of an adult
or staff member. The board shall allow all resident pupils receiving instruction in a home
school as defined in section 123B.36, subdivision 1, paragraph (a), new text begin and all physically able
resident pupils temporarily placed in a care and treatment program new text end to be eligible to fully
participate in extracurricular activities on the same basis as public school students.

(b) Extracurricular activities have all of the following characteristics:

(1) they are not offered for school credit nor required for graduation;

(2) they are generally conducted outside school hours, or if partly during school
hours, at times agreed by the participants, and approved by school authorities;

(3) the content of the activities is determined primarily by the pupil participants
under the guidance of a staff member or other adult.

(c) If the board does not take charge of and control extracurricular activities, these
activities shall be self-sustaining with all expenses, except direct salary costs and indirect
costs of the use of school facilities, met by dues, admissions, or other student fund-raising
events. The general fund must reflect only those salaries directly related to and readily
identified with the activity and paid by public funds. Other revenues and expenditures for
extra curricular activities must be recorded according to the Manual for Activity Fund
Accounting. Extracurricular activities not under board control must have an annual
financial audit and must also be audited annually for compliance with this section.

(d) If the board takes charge of and controls extracurricular activities, any or all
costs of these activities may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same manner as other revenues
and expenditures of the district.

(e) If the board takes charge of and controls extracurricular activities, the teachers or
pupils in the district must not participate in such activity, nor shall the school name or any
allied name be used in connection therewith, except by consent and direction of the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end