1.1                          A bill for an act 
  1.2             relating to education; defining home school for 
  1.3             purposes of extracurricular activities; requiring 
  1.4             school boards to allow students to be eligible to 
  1.5             participate in extracurricular activities; amending 
  1.6             Minnesota Statutes 1998, sections 123B.36, subdivision 
  1.7             1; and 123B.49, subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 123B.36, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
  1.12  purposes of this subdivision, "home school" means a home school 
  1.13  as defined in sections 120A.22 and 120A.24 with five or fewer 
  1.14  students receiving instruction.  
  1.15     (b) A school board is authorized to require payment of fees 
  1.16  in the following areas: 
  1.17     (1) in any program where the resultant product, in excess 
  1.18  of minimum requirements and at the pupil's option, becomes the 
  1.19  personal property of the pupil; 
  1.20     (2) admission fees or charges for extra curricular 
  1.21  activities, where attendance is optional and where the admission 
  1.22  fees or charges a student must pay to attend or participate in 
  1.23  an extracurricular activity is the same for all students, 
  1.24  regardless of whether the student is enrolled in a public or a 
  1.25  home school; 
  1.26     (3) a security deposit for the return of materials, 
  2.1   supplies, or equipment; 
  2.2      (4) personal physical education and athletic equipment and 
  2.3   apparel, although any pupil may personally provide it if it 
  2.4   meets reasonable requirements and standards relating to health 
  2.5   and safety established by the board; 
  2.6      (5) items of personal use or products that a student has an 
  2.7   option to purchase such as student publications, class rings, 
  2.8   annuals, and graduation announcements; 
  2.9      (6) fees specifically permitted by any other statute, 
  2.10  including but not limited to section 171.05, subdivision 2; 
  2.11  provided (i) driver education fees do not exceed the actual cost 
  2.12  to the school and school district of providing driver education, 
  2.13  and (ii) the driver education courses are open to enrollment to 
  2.14  persons between the ages of 15 and 18 who reside or attend 
  2.15  school in the school district; 
  2.16     (7) field trips considered supplementary to a district 
  2.17  educational program; 
  2.18     (8) any authorized voluntary student health and accident 
  2.19  benefit plan; 
  2.20     (9) for the use of musical instruments owned or rented by 
  2.21  the district, a reasonable rental fee not to exceed either the 
  2.22  rental cost to the district or the annual depreciation plus the 
  2.23  actual annual maintenance cost for each instrument; 
  2.24     (10) transportation of pupils to and from extra curricular 
  2.25  activities conducted at locations other than school, where 
  2.26  attendance is optional; 
  2.27     (11) transportation of pupils to and from school for which 
  2.28  aid for fiscal year 1996 is not authorized under Minnesota 
  2.29  Statutes 1994, section 124.223, subdivision 1, and for which 
  2.30  levy for fiscal year 1996 is not authorized under Minnesota 
  2.31  Statutes 1994, section 124.226, subdivision 5, if a district 
  2.32  charging fees for transportation of pupils establishes 
  2.33  guidelines for that transportation to ensure that no pupil is 
  2.34  denied transportation solely because of inability to pay; 
  2.35     (12) motorcycle classroom education courses conducted 
  2.36  outside of regular school hours; provided the charge must not 
  3.1   exceed the actual cost of these courses to the school district; 
  3.2      (13) transportation to and from post-secondary institutions 
  3.3   for pupils enrolled under the post-secondary enrollment options 
  3.4   program under section 123B.88, subdivision 22.  Fees collected 
  3.5   for this service must be reasonable and must be used to reduce 
  3.6   the cost of operating the route.  Families who qualify for 
  3.7   mileage reimbursement under section 124D.09, subdivision 22, may 
  3.8   use their state mileage reimbursement to pay this fee.  If no 
  3.9   fee is charged, districts must allocate costs based on the 
  3.10  number of pupils riding the route. 
  3.11     Sec. 2.  Minnesota Statutes 1998, section 123B.49, 
  3.12  subdivision 4, is amended to read: 
  3.13     Subd. 4.  [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 
  3.14  (a) The board may take charge of and control all extracurricular 
  3.15  activities of the teachers and children of the public schools in 
  3.16  the district.  Extracurricular activities means all direct and 
  3.17  personal services for public school pupils for their enjoyment 
  3.18  that are managed and operated under the guidance of an adult or 
  3.19  staff member.  The board shall allow all resident pupils 
  3.20  receiving instruction in a home school as defined in section 
  3.21  123B.36, subdivision 1, paragraph (a), to be eligible to fully 
  3.22  participate in extracurricular activities on the same basis as 
  3.23  public school students. 
  3.24     (b) Extracurricular activities have all of the following 
  3.25  characteristics: 
  3.26     (1) they are not offered for school credit nor required for 
  3.27  graduation; 
  3.28     (2) they are generally conducted outside school hours, or 
  3.29  if partly during school hours, at times agreed by the 
  3.30  participants, and approved by school authorities; 
  3.31     (3) the content of the activities is determined primarily 
  3.32  by the pupil participants under the guidance of a staff member 
  3.33  or other adult. 
  3.34     (c) If the board does not take charge of and control 
  3.35  extracurricular activities, these activities shall be 
  3.36  self-sustaining with all expenses, except direct salary costs 
  4.1   and indirect costs of the use of school facilities, met by dues, 
  4.2   admissions, or other student fundraising events.  The general 
  4.3   fund must reflect only those salaries directly related to and 
  4.4   readily identified with the activity and paid by public funds.  
  4.5   Other revenues and expenditures for extra curricular activities 
  4.6   must be recorded according to the "Manual of Instruction for 
  4.7   Uniform Student Activities Accounting for Minnesota School 
  4.8   Districts and Area Vocational-Technical Colleges."  
  4.9   Extracurricular activities not under board control must have an 
  4.10  annual financial audit and must also be audited annually for 
  4.11  compliance with this section. 
  4.12     (d) If the board takes charge of and controls 
  4.13  extracurricular activities, any or all costs of these activities 
  4.14  may be provided from school revenues and all revenues and 
  4.15  expenditures for these activities shall be recorded in the same 
  4.16  manner as other revenues and expenditures of the district.  
  4.17     (e) If the board takes charge of and controls 
  4.18  extracurricular activities, the teachers or pupils in the 
  4.19  district must not participate in such activity, nor shall the 
  4.20  school name or any allied name be used in connection therewith, 
  4.21  except by consent and direction of the board. 
  4.22     Sec. 3.  [EFFECTIVE DATE.] 
  4.23     Sections 1 and 2 are effective for the 1999-2000 school 
  4.24  year and later.