HF 2397

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; authorizing full-day
kindergarten; providing a new state aid for certain
costs of full-day kindergarten programs; authorizing a
sliding scale fee for full-day kindergarten;
appropriating money; amending Minnesota Statutes 2004,
sections 123B.35; 123B.36, subdivision 1; 123B.37,
subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 126C.

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

Section 1.

Minnesota Statutes 2004, section 123B.35, is
amended to read:

123B.35 GENERAL POLICY.

It is the policy of the state of Minnesota that public
school education new text begin , other than full-day kindergarten, new text end shall be
free and no pupil shall be denied an education because of
economic inability to furnish educational books and supplies
necessary to complete educational requirements necessary for
graduation. Any practice leading to suspension, coercion,
exclusion, withholding of grades or diplomas, or discriminatory
action based upon nonpayment of fees denies pupils their right
to equal protection and entitled privileges. It is recognized
that school boards do have the right to accept voluntary
contributions and to make certain charges and to establish fees
in areas considered extra curricular, noncurricular or
supplementary to the requirements for the successful completion
of a class or educational program. new text begin School boards may charge a
fee for full-day kindergarten programs. new text end No public school board
may require, except as authorized by sections 123B.36 and
123B.38, the payment of fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

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 extra curricular
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 extra curricular
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 ; and
new text end

new text begin (14) full-day kindergarten programs conducted under section
126C.08 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 123B.37,
subdivision 1, is amended to read:

Subdivision 1.

Boards shall not charge certain fees.

(a)
A board is not authorized to charge fees in the following areas:

(1) textbooks, workbooks, art materials, laboratory
supplies, towels;

(2) supplies necessary for participation in any
instructional course except as authorized in sections 123B.36
and 123B.38;

(3) field trips that are required as a part of a basic
education program or course;

(4) graduation caps, gowns, any specific form of dress
necessary for any educational program, and diplomas;

(5) instructional costs for necessary school personnel
employed in any course or educational program required for
graduation new text begin other than full-day kindergarten programs new text end ;

(6) library books required to be utilized for any
educational course or program;

(7) admission fees, dues, or fees for any activity the
pupil is required to attend;

(8) any admission or examination cost for any required
educational course or program;

(9) locker rentals;

(10) transportation to and from school of pupils living two
miles or more from school.

(b) Notwithstanding paragraph (a), clauses (1) and (6), a
board may charge fees for textbooks, workbooks, and library
books, lost or destroyed by students. The board must annually
notify parents or guardians and students about its policy to
charge a fee under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

new text begin [126C.08] FULL-DAY KINDERGARTEN.
new text end

new text begin Subdivision 1. new text end

new text begin Full-day kindergarten programs
authorized. new text end

new text begin A school district may operate a full-day
kindergarten program as a part of its general fund activities.
A school board, at its discretion, may choose to offer half-day
kindergarten programs, full-day kindergarten programs, or a
combination of kindergarten programs.
new text end

new text begin Subd. 2. new text end

new text begin State sliding scale fee. new text end

new text begin The commissioner of
education must determine a sliding scale fee schedule for
full-day kindergarten students. The fee schedule shall reflect
family size and family income and may be based on the limits
established for free or reduced-price meal eligibility. A
school district may use the fee schedule established by the
commissioner or adopt a different fee schedule according to
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Locally determined fee authorized. new text end

new text begin A school
district may charge a sliding scale fee for full-day
kindergarten programs for costs associated with the portion of
the school day not otherwise covered by state aid. A school
board may use the fee schedule established by the commissioner
in subdivision 2, or by adoption of a written resolution,
establish a different fee schedule. The maximum fee must not
exceed the unfunded costs of the full-day kindergarten program.
new text end

new text begin Subd. 4. new text end

new text begin Full-day kindergarten funding. new text end

new text begin In addition to
revenue under section 126C.10, each school district is eligible
for full-day kindergarten aid equal to the adjusted average
daily membership of its kindergarten population times 0.5 less
the amount that would be generated by the state sliding scale
fee applied to the kindergarten pupils attending kindergarten on
a full-day, every day basis.
new text end

new text begin Subd. 5. new text end

new text begin Fee waiver; inability to pay. new text end

new text begin A school board
may waive the fee for any student at its discretion. A school
board may not deny a student full-day kindergarten services for
nonpayment of the fee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2006 and $....... in fiscal year
2007 are appropriated from the general fund to the commissioner
of education for full-day kindergarten aid under section 4.
new text end