HF 2305

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:04pm

A bill for an act
relating to education; clarifying a transfer student's eligibility to participate
in varsity competition; requiring a district to investigate a transfer student's
eligibility; imposing financial penalties; establishing a residency fraud task force;
amending Minnesota Statutes 2012, section 128C.02, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 128C.02, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Transfer students' eligibility for varsity competition; duty to
investigate; financial penalty. new text end

new text begin (a) Notwithstanding any other law or league rule or
regulation to the contrary, a high school student who, after entering grade 9, transfers
to another school district without the student's parents at the same time changing their
residency to that other district is ineligible to participate in varsity competition in that
other district for two consecutive school years from the time of the transfer.
new text end

new text begin (b) Within 20 calendar days of when a high school transfer student enrolls in
another district, a representative of the enrolling district must determine whether the
transfer student's parents changed their residence to the enrolling district and therefore
whether the transfer student is eligible to participate in varsity competition in the district,
consistent with paragraph (a). Immediately after completing the investigation, the district
representative must report the findings of the investigation to the district, the league,
and the commissioner. The commissioner may assess a fine of up $10,000 on a district
representative who fails to report or misrepresents the findings of the investigation and a
fine of up to $5,000 on coaches and other high school athletic department personnel who
allow or fail to report a transfer student's participation in varsity competition in violation
of paragraph (a). The amount of any fine assessed under this paragraph shall be remitted
to the commissioner for deposit in the general fund of the state treasury.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 2. new text begin ADVISORY TASK FORCE ON RESIDENCY FRAUD RELATED TO
ELIGIBILITY FOR VARSITY COMPETITION.
new text end

new text begin (a) The commissioner of education shall establish an advisory task force on
residency fraud to make recommendations related to eligibility for varsity competition
under Minnesota Statutes, section 128C.02, subdivision 5a, to the commissioner, the
education policy and finance committees of the legislature, and the Minnesota State High
School League. The task force shall examine state laws and Minnesota State High School
League rules and regulations affecting the league's student transfer rule to determine the
extent to which greater regulation of student transfers is needed to prevent abuse of school
choice programs or fraud related to league-sponsored varsity competition.
new text end

new text begin (b) The following 11 members shall serve on this advisory task force:
new text end

new text begin (i) two representatives of the Minnesota State High School League appointed by
the league;
new text end

new text begin (ii) two high school coaches appointed by the Minnesota State High School Coaches
Association;
new text end

new text begin (iii) two parents of high school students currently participating in league-sponsored
activities appointed by the Minnesota Parent Teacher Association;
new text end

new text begin (iv) two high school principals appointed by the Minnesota Association of
Secondary School Principals;
new text end

new text begin (v) a staff person at the Department of Education appointed by the commissioner of
education; and
new text end

new text begin (vi) two school board members appointed by the Minnesota School Boards
Association.
new text end

new text begin (c) The commissioner of education shall convene the first meeting of the task force
by August 1, 2014. Task force members shall elect one member to serve as the task force
chair. The task force must meet at least monthly. Task force members' terms and other task
force matters are subject to Minnesota Statutes, section 15.059. The commissioner may
reimburse task force members from the Department of Education's current operating budget
but may not compensate task force members for task force activities. Task force members
are encouraged to seek input from individuals, representatives of organizations, and other
interested stakeholders whose expertise can help inform the work of the task force.
new text end

new text begin (d) Task force members, by February 1, 2015, must submit to the commissioner
of education, the education policy and finance committees of the legislature, and the
Minnesota State High School League their written recommendations for amending state
laws or Minnesota State High School League rules and regulations to prevent abuse of
school choice programs or fraud related to league-sponsored varsity competition resulting
from student transfers.
new text end

new text begin (e) The commissioner of education shall provide assistance to task force members
upon request.
new text end

new text begin (f) The advisory task force expires on February 2, 2015.
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