SF 953

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to education; allowing charter school students to participate in the
extracurricular activities of their resident district; amending Minnesota Statutes
2008, sections 123B.36, subdivision 1; 123B.49, subdivision 4; 124D.10,
subdivision 8.

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

Section 1.

Minnesota Statutes 2008, 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 new text begin , and transportation of charter
school students participating in extracurricular activities in their resident district under
section 123B.49, subdivision 4, paragraph (a), which must be charged to the charter school new text end ;

(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 EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2008, section 123B.49, subdivision 4, is amended to read:

Subd. 4.

Board control of extracurricular activities.

(a) The board may 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 shall allow all resident pupils receiving instruction
in a home school as defined in section 123B.36, subdivision 1, paragraph (a), new text begin and all
resident pupils receiving instruction in a charter school as defined in section 124D.10 new text end to be
eligible to fully participate in extracurricular activities on the same basis as public school
students new text begin enrolled in the district's schools. A charter school student must give the enrolling
charter school and the resident school district at least a 30-day notice of the student's
intent to participate in an extracurricular activity in the resident district. Before a charter
school student begins participating in an extracurricular activity in the resident district,
the charter school must agree in writing to pay the amount attributable to that student
that the district may charge to the charter school under paragraph (f). A charter school
student is not eligible to participate in an extracurricular activity in the resident district if
that extracurricular activity is offered by the enrolling charter school or the extracurricular
activity is not controlled by the high school league under chapter 128C. Charter school
students participating in extracurricular activities must meet the academic and student
conduct requirements of the resident district. The charter school must:
new text end

new text begin (1) collect the same information that a district collects on a student's eligibility to
participate in an extracurricular activity;
new text end

new text begin (2) transmit that information to the district at least ten days before a student begins
to participate in the extracurricular activity; and
new text end

new text begin (3) immediately transmit to the district any additional information affecting the
student's eligibility new text end .

(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) If the board does not take charge of and control extracurricular activities, these
activities shall be self-sustaining with all expenses, except direct salary costs and indirect
costs of the use of school facilities, met by dues, admissions, or other student fund-raising
events. The general fund must reflect only those salaries directly related to and readily
identified with the activity and paid by public funds. Other revenues and expenditures for
extra curricular activities must be recorded according to the Manual for Activity Fund
Accounting. Extracurricular activities not under board control must have an annual
financial audit and must also be audited annually for compliance with this section.

(d) If the board takes charge of and controls extracurricular activities, 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.

(e) If the board takes charge of and controls extracurricular activities, 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.

new text begin (f) School districts may charge charter schools for each student for each activity the
lesser of one-half of the statewide average per pupil expenditure on student activities
and athletics as measured by the most recent edition of School District Profiles posted
to the Department of Education's Web site, or their proportional share of the amount of
the extracurricular activities that are not covered by student fees under section 123B.36,
subdivision 1, ticket revenues, fund-raising efforts, sponsorships, or other income
generated for those activities for which the charter school is charged. A district may charge
charter school students the same fees it charges enrolled students to participate in an
extracurricular activity. All charges to a charter school and charter school students must be
paid when the charter school students are selected to participate in the activity. A district is
not required to provide transportation from the charter school to the resident district for a
charter school student who participates in an extracurricular activity in the resident district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:

Subd. 8.

State and local requirements.

(a) A charter school shall meet all
applicable state and local health and safety requirements.

(b) A school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(c) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution.

(d) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(e) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(f) A charter school may not charge tuition.

(g) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(i) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5;
471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13,
and 15; 471.881; and 471.89. The audit must comply with the requirements of sections
123B.75 to 123B.83, except to the extent deviations are necessary because of the program
at the school. Deviations must be approved by the commissioner. The Department
of Education, state auditor, or legislative auditor may conduct financial, program, or
compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(j) A charter school is a district for the purposes of tort liability under chapter 466.

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7;
121A.75; and 260B.171, subdivisions 3 and 5.

(l) A charter school is subject to the Pledge of Allegiance requirement under section
121A.11, subdivision 3.

new text begin (m) A charter school is subject to sections 123B.36, subdivision 1, paragraph
(b), clause (10), and 123B.49, subdivision 4, paragraphs (a) and (f), when its students
participate in extracurricular activities in their resident district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end