1.1                          A bill for an act 
  1.2             relating to education; allowing school district 
  1.3             residents to participate in shared time, cocurricular 
  1.4             and extracurricular activities sponsored by the 
  1.5             resident school district; amending Minnesota Statutes 
  1.6             1998, sections 123B.49, subdivisions 2 and 4; and 
  1.7             126C.01, subdivision 8. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 123B.49, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [COCURRICULAR ACTIVITIES AUTHORIZATION.] The 
  1.12  board must take charge of and control all cocurricular school 
  1.13  activities of the involving teachers and children of the public 
  1.14  schools in that district held in the a school building or on 
  1.15  school grounds or under the supervision or direction of the 
  1.16  school board.  The board must adopt rules and regulations for 
  1.17  the conduct of cocurricular activities in which the schools of 
  1.18  the district or, any class or pupils therein, and any school-age 
  1.19  children residing in the district who attend a nonpublic or home 
  1.20  school located within the district may participate unless the 
  1.21  nonpublic or home school offers the cocurricular activity.  All 
  1.22  money received on account of such activities must be turned over 
  1.23  to the district treasurer, who shall keep the same in the 
  1.24  general fund, to be disbursed for expenses and salaries 
  1.25  connected with the activities, or otherwise, by the board upon 
  1.26  properly allowed itemized claims.  All participants in 
  2.1   cocurricular activities must pay the same amount of money to 
  2.2   participate.  
  2.3      Teachers or pupils in the public schools of such district 
  2.4   must not, and any school-age children residing in the district 
  2.5   who attend a nonpublic or home school located within the 
  2.6   district are eligible to participate in cocurricular activities, 
  2.7   nor shall under board direction but the school name or any 
  2.8   allied name must not be used in connection therewith with a 
  2.9   cocurricular activity, except by consent and direction of the 
  2.10  board.  
  2.11     Sec. 2.  Minnesota Statutes 1998, section 123B.49, 
  2.12  subdivision 4, is amended to read: 
  2.13     Subd. 4.  [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 
  2.14  (a) The board may take charge of and control all extracurricular 
  2.15  activities of the teachers and children of the public schools in 
  2.16  the district.  The board shall ensure that all school-age 
  2.17  children residing within the school district who attend a 
  2.18  nonpublic or home school located in the district are eligible to 
  2.19  participate on an equal basis in the extracurricular activities 
  2.20  the board controls and in the extracurricular activities that 
  2.21  are self-sustaining unless the nonpublic or home school offers 
  2.22  the extracurricular activity.  Extracurricular activities means 
  2.23  all direct and personal services for public school pupils and 
  2.24  school-age pupils residing in the district who attend a 
  2.25  nonpublic or home school located within the district for their 
  2.26  enjoyment that are managed and operated under the guidance of an 
  2.27  adult or staff member.  
  2.28     (b) Extracurricular activities have all of the following 
  2.29  characteristics: 
  2.30     (1) they are not offered for school credit nor required for 
  2.31  graduation; 
  2.32     (2) they are generally conducted outside school hours, or 
  2.33  if partly during school hours, at times agreed by the 
  2.34  participants, and approved by school authorities; 
  2.35     (3) the content of the activities is determined primarily 
  2.36  by the pupil participants under the guidance of a staff member 
  3.1   or other adult. 
  3.2      (c) If the board does not take charge of and control 
  3.3   extracurricular activities, these activities shall be 
  3.4   self-sustaining with all expenses, except direct salary costs 
  3.5   and indirect costs of the use of school facilities, met by dues, 
  3.6   admissions, or other student fundraising events.  The general 
  3.7   fund must reflect only those salaries directly related to and 
  3.8   readily identified with the activity and paid by public funds.  
  3.9   Other revenues and expenditures for extra curricular activities 
  3.10  must be recorded according to the "Manual of Instruction for 
  3.11  Uniform Student Activities Accounting for Minnesota School 
  3.12  Districts and Area Vocational-Technical Colleges."  
  3.13  Extracurricular activities not under board control must have an 
  3.14  annual financial audit and must also be audited annually for 
  3.15  compliance with this section. 
  3.16     (d) If the board takes charge of and controls 
  3.17  extracurricular activities, any or all costs of these activities 
  3.18  may be provided from school revenues and all revenues and 
  3.19  expenditures for these activities shall be recorded in the same 
  3.20  manner as other revenues and expenditures of the district.  
  3.21     (e) If the board takes charge of and controls 
  3.22  extracurricular activities, the teachers or pupils in the 
  3.23  district must not participate in such activity, nor shall the 
  3.24  school name or any allied name be used in connection therewith, 
  3.25  except by consent and direction of the board. 
  3.26     Sec. 3.  Minnesota Statutes 1998, section 126C.01, 
  3.27  subdivision 8, is amended to read: 
  3.28     Subd. 8.  [SHARED TIME PUPILS.] (a) "Shared time pupils" 
  3.29  means those pupils who attend public school programs for part of 
  3.30  the regular school day and who otherwise fulfill the 
  3.31  requirements of section 120A.22 by attendance at attending a 
  3.32  nonpublic school.  
  3.33     (b) A school board must allow a resident pupil to attend a 
  3.34  public school program as a shared time pupil under paragraph (a) 
  3.35  unless the capacity of a program, class, or school building 
  3.36  precludes the pupil's attendance.  A school board may not 
  4.1   preclude a resident pupil from attending a shared time program 
  4.2   based upon the pupil's previous academic achievement, athletic 
  4.3   or other extracurricular ability, disabling conditions, or 
  4.4   proficiency in the English language. 
  4.5      Sec. 4.  [EFFECTIVE DATE.] 
  4.6      Sections 1 to 3 are effective for the 1999-2000 school year 
  4.7   and later.