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HF 1180

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 02:19pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education finance; authorizing a school district to charge fees in order
to make digital technology more widely available; amending Minnesota Statutes
2012, sections 123B.35; 123B.36, subdivision 1; 123B.37, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 123B.35, is amended to read:


123B.35 GENERAL POLICY.

It is the policy of the state of Minnesota that public school education shall be free and
no pupil shall be denied an education because of economic inability to furnish educational
deleted text begin booksdeleted text end new text begin content new text end and supplies necessary to complete educational requirements necessary
for graduation. Any practice leading to suspension, coercion, exclusion, withholding
of grades or diplomas, or discriminatory action based upon nonpayment of fees denies
pupils their right to equal protection and entitled privileges. It is recognized that school
boards do have the right to accept voluntary contributions, to make certain charges and
to establish fees in areas considered extra curricular, noncurricular or supplementary to
the requirements for the successful completion of a class or educational program, and to
waive those fees under certain circumstances. No public school board may require, except
as authorized by sections 123B.36 and 123B.38, the payment of fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2012, section 123B.36, subdivision 1, is amended to read:


Subdivision 1.

School boards may require fees.

(a) For purposes of this
subdivision, "home school" means a home school as defined in sections 120A.22 and
120A.24 with five or fewer students receiving instruction.

(b) A school board is authorized to require payment of fees in the following areas:

(1) in any program where the resultant product, in excess of minimum requirements
and at the pupil's option, becomes the personal property of the pupil;

(2) admission fees or charges for extracurricular activities, where attendance
is optional and where the admission fees or charges a student must pay to attend or
participate in an extracurricular activity is the same for all students, regardless of whether
the student is enrolled in a public or a home school;

(3) a security deposit for the return of materials, supplies, or equipment;

(4) personal physical education and athletic equipment and apparel, although any
pupil may personally provide it if it meets reasonable requirements and standards relating
to health and safety established by the board;

(5) items of personal use or products that a student has an option to purchase such as
student publications, class rings, annuals, and graduation announcements;

(6) fees specifically permitted by any other statute, including but not limited to
section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual
cost to the school and school district of providing driver education, and (ii) the driver
education courses are open to enrollment to persons between the ages of 15 and 18 who
reside or attend school in the school district;

(7) field trips considered supplementary to a district educational program;

(8) any authorized voluntary student health and accident benefit plan;

(9) for the use of musical instruments owned or rented by the district, a reasonable
rental fee not to exceed either the rental cost to the district or the annual depreciation plus
the actual annual maintenance cost for each instrument;

(10) new text begin for the use of personal computing devices owned by or rented by the district,
a reasonable rental fee not to exceed either the rental cost to the district or the annual
depreciation plus the actual annual maintenance cost for each personal computing device;
new text end

new text begin (11) new text end transportation of pupils to and from extracurricular activities conducted at
locations other than school, where attendance is optional;

deleted text begin (11)deleted text end new text begin (12)new text end transportation to and from school of pupils living within two miles from
school and all other transportation services not required by law. If a district charges fees
for transportation of pupils, it must establish guidelines for that transportation to ensure
that no pupil is denied transportation solely because of inability to pay;

deleted text begin (12)deleted text end new text begin (13)new text end motorcycle classroom education courses conducted outside of regular
school hours; provided the charge must not exceed the actual cost of these courses to
the school district;

deleted text begin (13)deleted text end new text begin (14)new text end transportation to and from postsecondary institutions for pupils enrolled
under the postsecondary enrollment options program under section 123B.88, subdivision
22
. Fees collected for this service must be reasonable and must be used to reduce the cost
of operating the route. Families who qualify for mileage reimbursement under section
124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If no
fee is charged, districts must allocate costs based on the number of pupils riding the route.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2012, section 123B.37, subdivision 1, is amended to read:


Subdivision 1.

Boards shall not charge certain fees.

(a) A board is not authorized
to charge fees in the following areas:

(1) new text begin digital content, new text end textbooks, workbooks, art materials, laboratory supplies, new text begin and
new text end towels;

(2) supplies necessary for participation in any instructional course except as
authorized in sections 123B.36 and 123B.38;

(3) field trips that are required as a part of a basic education program or course;

(4) graduation caps, gowns, any specific form of dress necessary for any educational
program, and diplomas;

(5) instructional costs for necessary school personnel employed in any course or
educational program required for graduation;

(6) library books required to be utilized for any educational course or program;

(7) admission fees, dues, or fees for any activity the pupil is required to attend;

(8) any admission or examination cost for any required educational course or
program;

(9) locker rentals;new text begin and
new text end

(10) transportation to and from school of pupils living two miles or more from school.

(b) Notwithstanding paragraph (a), clauses (1) and (6), a board may charge fees for
new text begin personal computing devices, musical instruments, new text end textbooks, workbooks, and library
books, lost or destroyed by students. The board must annually notify parents or guardians
and students about its policy to charge a fee under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end