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Minnesota Legislature

Office of the Revisor of Statutes

HF 3339

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

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/13/2006

Current Version - as introduced

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A bill for an act
relating to education finance; phasing in funding for voluntary, full-day
kindergarten; authorizing certain fees; appropriating money; amending
Minnesota Statutes 2004, sections 123B.35; 123B.36, subdivision 1; 123B.37,
subdivision 1; 126C.05, subdivision 1.

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 educationnew text begin, other than
full-day kindergarten not specifically funded by the state,
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 beginFor fiscal years through 2010
only, a school board may charge a fee for a full-day kindergarten program.
new text endNo 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, 2006.
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
routenew text begin; and
new text end

new text begin (14) for fiscal years prior to 2010, for full-day kindergarten programsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
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 graduationnew text begin other than full-day kindergarten programs
offered prior to fiscal year 2010
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, 2006.
new text end

Sec. 4.

Minnesota Statutes 2004, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil in average
daily membership enrolled in the district of residence, in another district under sections
123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in a charter
school under section 124D.10; or for whom the resident district pays tuition under section
123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision
4
, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted
according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be handicapped is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individual education program
plan to 875, but not more than one.

(d) new text beginFor fiscal years 2007 through 2009, new text enda kindergarten pupil who is not included
in deleted text beginparagraphdeleted text endnew text begin paragraphsnew text end (c) new text beginor (i) or new text endis counted as .557 of a pupil unitnew text begin.new text end For fiscal year
deleted text begin 2000deleted text endnew text begin 2010new text end and thereafternew text begin, a kindergarten pupil not counted in paragraph (c) is counted
as 1.115 pupil units
new text end.

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

new text begin (i) A kindergarten pupil who is determined to be "at-risk" is counted as .85 pupil
units for fiscal year 2007, .95 pupil units for fiscal year 2008, and 1.05 pupil units for fiscal
year 2009. All other kindergarten pupils are counted as follows: for fiscal year 2007, 1.25
times the weight specified in paragraph (d); for fiscal year 2008, 1.50 times the weight
specified in paragraph (d); and for fiscal year 2009, 1.75 times the weight specified in
paragraph (d). A kindergarten pupil is defined "at-risk" if the pupil qualifies for free or
reduced-price meals under subdivision 16.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2007.
new text end

Sec. 5. new text beginAPPROPRIATION; FULL-DAY KINDERGARTEN.
new text end

new text begin $42,303,000 is appropriated in fiscal year 2007 from the general fund to the
commissioner of education for additional general education payments attributable to
full-day kindergarten.
new text end