1.1                          A bill for an act 
  1.2             relating to education; using other revenue for 
  1.3             recognition of volunteers for extracurricular 
  1.4             activities; amending Minnesota Statutes 2002, section 
  1.5             123B.49, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 123B.49, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 
  1.10  (a) The board may take charge of and control all extracurricular 
  1.11  activities of the teachers and children of the public schools in 
  1.12  the district.  Extracurricular activities means all direct and 
  1.13  personal services for pupils for their enjoyment that are 
  1.14  managed and operated under the guidance of an adult or staff 
  1.15  member.  The board shall allow all resident pupils receiving 
  1.16  instruction in a home school as defined in section 123B.36, 
  1.17  subdivision 1, paragraph (a), to be eligible to fully 
  1.18  participate in extracurricular activities on the same basis as 
  1.19  public school students. 
  1.20     (b) Extracurricular activities have all of the following 
  1.21  characteristics: 
  1.22     (1) they are not offered for school credit nor required for 
  1.23  graduation; 
  1.24     (2) they are generally conducted outside school hours, or 
  1.25  if partly during school hours, at times agreed by the 
  2.1   participants, and approved by school authorities; 
  2.2      (3) the content of the activities is determined primarily 
  2.3   by the pupil participants under the guidance of a staff member 
  2.4   or other adult. 
  2.5      (c) If the board does not take charge of and control 
  2.6   extracurricular activities, these activities shall be 
  2.7   self-sustaining with all expenses, except direct salary costs 
  2.8   and indirect costs of the use of school facilities, met by dues, 
  2.9   admissions, or other student fund-raising events.  The general 
  2.10  fund must reflect only those salaries directly related to and 
  2.11  readily identified with the activity and paid by public funds.  
  2.12  Other revenues and expenditures for extra curricular activities 
  2.13  must be recorded according to the "Manual of Instruction for 
  2.14  Uniform Student Activities Accounting for Minnesota School 
  2.15  Districts and Area Vocational-Technical Colleges."  
  2.16  Extracurricular activities not under board control must have an 
  2.17  annual financial audit and must also be audited annually for 
  2.18  compliance with this section. 
  2.19     (d) If the board takes charge of and controls 
  2.20  extracurricular activities, any or all costs of these activities 
  2.21  may be provided from school revenues and all revenues and 
  2.22  expenditures for these activities shall be recorded in the same 
  2.23  manner as other revenues and expenditures of the district.  A 
  2.24  school board may authorize the expenditure of revenue other than 
  2.25  revenue derived from state aid or local levy for the recognition 
  2.26  of and the incidental benefit to an individual who assists with 
  2.27  extracurricular activities as an unpaid volunteer. 
  2.28     (e) If the board takes charge of and controls 
  2.29  extracurricular activities, the teachers or pupils in the 
  2.30  district must not participate in such activity, nor shall the 
  2.31  school name or any allied name be used in connection therewith, 
  2.32  except by consent and direction of the board.