Minnesota Legislature
HF 2471
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to education; modifying student
transportation fees; amending Minnesota Statutes 2004,
sections 123B.36, subdivision 1; 123B.37, subdivision
1; 123B.88, subdivision 1.
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 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 new text begin secondary new text end pupils
living within two miles from schoolnew text begin , elementary pupils living
within one mile from school,new text end 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.
Sec. 2.
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;
(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 new text begin secondary new text end pupils
living two miles or more from school new text begin or of elementary pupils
living one mile or more from schoolnew text end .
(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.
Sec. 3.
Minnesota Statutes 2004, section 123B.88,
subdivision 1, is amended to read:
Subdivision 1.
Providing transportation.
The board may
provide for the transportation of pupils to and from school and
for any other purpose. The board may also provide for the
transportation of pupils to schools in other districts for
grades and departments not maintained in the district, including
high school, at the expense of the district, when funds are
available therefor and if agreeable to the district to which it
is proposed to transport the pupils, for the whole or a part of
the school year, as it may deem advisable, and subject to its
rules. In any district, the board must arrange for the
attendance of all new text begin secondary new text end pupils living two miles or more from
the school new text begin and of all elementary pupils living one mile or more
from the schoolnew text end , except pupils whose transportation privileges
have been voluntarily surrendered under subdivision 2, or whose
privileges have been revoked under section 123B.91, subdivision
1, clause (6), or 123B.90, subdivision 2. The district may
provide for the transportation of or the boarding and rooming of
the pupils who may be more economically and conveniently
provided for by that means. Arrangements for attendance may
include a requirement that parents or guardians request
transportation before it is provided. The board must provide
transportation to and from the home of a child with a disability
not yet enrolled in kindergarten when special instruction and
services under sections 125A.03 to 125A.24, 125A.26 to 125A.48,
and 125A.65 are provided in a location other than in the child's
home. When transportation is provided, scheduling of routes,
establishment of the location of bus stops, manner and method of
transportation, control and discipline of school children, the
determination of fees, and any other matter relating thereto
must be within the sole discretion, control, and management of
the board. The district may provide for the transportation of
pupils or expend a reasonable amount for room and board of
pupils whose attendance at school can more economically and
conveniently be provided for by that means or who attend school
in a building rented or leased by a district within the confines
of an adjacent district.