HF 1544

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; allowing charter school
students to participate in extracurricular activities
in their resident school district; amending Minnesota
Statutes 2004, sections 123B.36, subdivision 1;
123B.49, subdivision 4; 124D.10, subdivision 8.

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

Section 1.

Minnesota Statutes 2004, 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) transportation of pupils to and from extracurricular
activities conducted at locations other than school, where
attendance is optional new text begin , and transportation of charter school
students participating in extracurricular activities in their
resident district under section 123B.49, subdivision 4,
paragraph (a), which must be charged to the charter school new text end ;

(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
2005-2006 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2004, 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. The board shall allow all resident pupils receiving
instruction in a home school as defined in section 123B.36,
subdivision 1, paragraph (a), new text begin and all resident pupils receiving
instruction in a charter school as defined in section 124D.10 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 enrolled in the
district's schools. A charter school student must give the
enrolling charter school and the resident school district at
least a 30-day notice of the student's intent to participate in
an extracurricular activity in the resident district. Before a
charter school student begins participating in an
extracurricular activity in the resident district, the charter
school must agree in writing to pay the direct and indirect
costs attributable to that student that the district may charge
to the charter school under paragraph (f). A charter school
student is not eligible to participate in an extracurricular
activity in the resident district if that extracurricular
activity is offered by the enrolling charter school or the
extracurricular activity is not controlled by the high school
league under chapter 128C. Charter school students
participating in extracurricular activities must meet the
academic and student conduct requirements of the resident
district. The charter school must:
new text end

new text begin (1) collect the same information that a district collects
on a student's eligibility to participate in an extracurricular
activity;
new text end

new text begin (2) transmit that information to the district at least ten
days before a student begins to participate in the
extracurricular activity; and
new text end

new text begin (3) immediately transmit to the district any additional
information affecting the student's eligibility.
new text end

(b) 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.

(c) 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 extracurricular activities
must be recorded according to the "Manual deleted text begin of Instruction deleted text end for
deleted text begin Uniform Student Activities deleted text end new text begin Activity Fund new text end Accounting deleted text begin for
Minnesota School Districts and Area Vocational-Technical
Colleges deleted text end ." Extracurricular activities not under board control
must have an annual financial audit and must also be audited
annually for compliance with this section.

(d) 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.

(e) 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 (f) School districts may charge charter schools their
proportional share of the direct and indirect costs of the
extracurricular activities that are not covered by student fees
under section 123B.36, subdivision 1, ticket revenues,
fund-raising efforts, sponsorships or other income generated for
those activities for which the charter school is charged. A
district may charge charter school students the same fees it
charges enrolled students to participate in an extracurricular
activity. All charges to a charter school and charter school
students must be paid when the charter school students are
selected to participate in the activity. A district is not
required to provide transportation from the charter school to
the resident district for a charter school student who
participates in an extracurricular activity in the resident
district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2004, section 124D.10,
subdivision 8, is amended to read:

Subd. 8.

State and local requirements.

(a) A charter
school shall meet all applicable state and local health and
safety requirements.

(b) A school sponsored by a school board may be located in
any district, unless the school board of the district of the
proposed location disapproves by written resolution.

(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other
operations. A sponsor may not authorize a charter school or
program that is affiliated with a nonpublic sectarian school or
a religious institution.

(d) Charter schools must not be used as a method of
providing education or generating revenue for students who are
being homeschooled.

(e) The primary focus of a charter school must be to
provide a comprehensive program of instruction for at least one
grade or age group from five through 18 years of age.
Instruction may be provided to people younger than five years
and older than 18 years of age.

(f) A charter school may not charge tuition.

(g) A charter school is subject to and must comply with
chapter 363A and section 121A.04.

(h) A charter school is subject to and must comply with the
Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the
Minnesota Public School Fee Law, sections 123B.34 to 123B.39.

(i) A charter school is subject to the same financial
audits, audit procedures, and audit requirements as a district.
Audits must be conducted in compliance with generally accepted
governmental auditing standards, the Federal Single Audit Act,
if applicable, and section 6.65. A charter school is subject to
and must comply with sections 15.054; 118A.01; 118A.02; 118A.03;
118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38;
471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3,
4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must
comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the
program at the school. Deviations must be approved by the
commissioner. The Department of Education, state auditor, or
legislative auditor may conduct financial, program, or
compliance audits. A charter school determined to be in
statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.

(j) A charter school is a district for the purposes of tort
liability under chapter 466.

(k) A charter school must comply with sections 13.32;
120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3
and 5.

(l) A charter school is subject to the Pledge of Allegiance
requirement under section 121A.11, subdivision 3.

new text begin (m) A charter school is subject to sections 123B.36,
subdivision 1, paragraph (b), clause (10), and 123B.49,
subdivision 4, paragraphs (a) and (f), when its students
participate in extracurricular activities in their resident
district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end