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SF 216

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/13/2023 08:08am

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

Current Version - as introduced

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A bill for an act
relating to education; allowing resident nonpublic school pupils to participate in
extracurricular activities; amending Minnesota Statutes 2022, section 123B.49,
subdivision 4.


Section 1.

Minnesota Statutes 2022, section 123B.49, subdivision 4, is amended to read:

Subd. 4.

Board control of extracurricular activities.

(a) The board must take charge
of and control all extracurricular activities of the teachers and children of the public schools
in the district. Extracurricular activities means all direct and personal services for pupils for
their enjoyment that are managed and operated under the guidance of an adult or staff
member. The board deleted text begin shalldeleted text end new text begin mustnew text end allow all resident pupils receiving instruction in a home
school deleted text begin as defined in section 123B.36, subdivision 1, paragraph (a),deleted text end new text begin in compliance with
sections 120A.22 and 120A.24 and all resident pupils receiving instruction in a nonpublic
school other than a home school
new text end to be eligible to fully participate in extracurricular activities
on the same basis as public school students.

(b) Extracurricular activities have all of the following characteristics:

(1) they are not offered for school credit nor required for graduation;

(2) they are generally conducted outside school hours, or if partly during school hours,
at times agreed by the participants, and approved by school authorities;

(3) the content of the activities is determined primarily by the pupil participants under
the guidance of a staff member or other adult.

(c) Any or all costs of these activities may be provided from school revenues and all
revenues and expenditures for these activities shall be recorded in the same manner as other
revenues and expenditures of the district.

(d) The teachers or pupils in the district must not participate in such activity, nor shall
the school name or any allied name be used in connection therewith, except by consent and
direction of the board.

(e) A school district must reserve revenue raised for extracurricular activities and spend
the revenue only for extracurricular activities.