HF 1266

as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 11:44am

A bill for an act
relating to education; modifying nonpublic school and charter school pupil
participation in certain programs; amending Minnesota Statutes 2016, sections
123B.36, subdivision 1; 123B.49, subdivision 4; 128C.02, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 123B.

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

Section 1.

Minnesota Statutes 2016, section 123B.36, subdivision 1, is amended to read:

Subdivision 1.

School boards may require fees.

(a) For purposes of this subdivision,
deleted text begin "home school" means a home school as defined in sections 120A.22 and 120A.24 with five
or fewer students receiving instruction. deleted text end new text begin "nonpublic school" means a school, church or
religious organization, or home school located in the state wherein a resident of Minnesota
may legally fulfill the compulsory instruction requirements of section 120A.22.
new text end

(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 new text begin , charter, new text end or deleted text begin a home deleted text end new text begin nonpublic new text end 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) transportation of pupils to and from extracurricular activities conducted at locations
other than school, where attendance is optional;

(11) 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;

(12) 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;

(13) 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 for the 2017-2018 school year and later.
new text end

Sec. 2.

new text begin [123B.425] SHARED TIME ENROLLMENT.
new text end

new text begin A board must permit a resident pupil enrolled in a nonpublic or charter school that has
less than 250 pupils in kindergarten through grade 12 to attend classes offered in the school
district on the same basis as a resident student enrolled in the district, consistent with section
126C.19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2016, 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.

new text begin (b) new text end The board shall allow all resident pupils receiving instruction in deleted text begin a home school as
defined in section 123B.36, subdivision 1, paragraph (a), deleted text end new text begin the following new text end to be eligible to
fully participate in extracurricular activities on the same basis as public school students deleted text begin . deleted text end new text begin :
new text end

new text begin (1) a home school as defined in section 123B.36, subdivision 1, paragraph (a); or
new text end

new text begin (2) a nonpublic or charter school that has less than 250 pupils in kindergarten through
grade 12.
new text end

new text begin (c) Resident pupils participating in extracurricular activities under paragraph (b) must
be permitted to participate at no additional cost to the student or school through which the
student receives instruction.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end 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.

deleted text begin (c) deleted text end new text begin (e) new text end 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.

deleted text begin (d) deleted text end new text begin (f) new text end 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.

deleted text begin (e) deleted text end new text begin (g) new text end 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 for the 2017-2018 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2016, section 128C.02, subdivision 5, is amended to read:

Subd. 5.

Rules for open enrollees.

(a) The league shall adopt league rules and regulations
governing the athletic participation of pupils attending school in a nonresident district under
section 124D.03.

(b) Notwithstanding other law or league rule or regulation to the contrary, when a student
enrolls in or is readmitted to a recovery-focused high school after successfully completing
a licensed program for treatment of alcohol or substance abuse, mental illness, or emotional
disturbance, the student is immediately eligible to participate on the same basis as other
district students in the league-sponsored activities of the student's resident school district.
Nothing in this paragraph prohibits the league or school district from enforcing a league or
district penalty resulting from the student violating a league or district rule.

(c) The league shall adopt league rules making a student with an individualized education
program who transfers from one public school to another public school as a reasonable
accommodation to reduce barriers to educational access immediately eligible to participate
in league-sponsored varsity competition on the same basis as other students in the school
to which the student transfers. The league also must establish guidelines, consistent with
this paragraph, for reviewing the 504 plan of a student who transfers between public schools
to determine whether the student is immediately eligible to participate in league-sponsored
varsity competition on the same basis as other students in the school to which the student
transfers.

new text begin (d) The league shall adopt rules and regulations governing the participation of pupils of
nonpublic, charter, or home schools in extracurricular activities in their resident school
districts under section 123B.49, subdivision 4, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

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