SF 1545

as introduced - 85th Legislature (2007 - 2008) 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 2006, 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 2006, 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, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, 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;

(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, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, 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, 2007.
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
, each school district is eligible for full-day kindergarten aid equal to the adjusted
average daily membership of its kindergarten population times 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 2008.
new text end

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

new text begin $....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from the
general fund to the commissioner of education for full-day kindergarten aid under section
4.
new text end