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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 120-S.F.No. 287 
                  An act relating to education; requiring recitation of 
                  the pledge of allegiance in all public schools; 
                  providing for instruction in the proper etiquette, 
                  display, and respect of the United States flag; 
                  amending Minnesota Statutes 2002, sections 121A.11, by 
                  adding subdivisions; 124D.10, subdivision 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 121A.11, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [PLEDGE OF ALLEGIANCE.] (a) All public and 
        charter school students shall recite the pledge of allegiance to 
        the flag of the United States of America one or more times each 
        week.  The recitation shall be conducted: 
           (1) by each individual classroom teacher or the teacher's 
        surrogate; or 
           (2) over a school intercom system by a person designated by 
        the school principal or other person having administrative 
        control over the school. 
           A local school board or a charter school board of directors 
        may annually, by majority vote, waive this requirement.  
           (b) Any student or teacher may decline to participate in 
        recitation of the pledge.  
           (c) A school district or charter school that has a student 
        handbook or school policy guide must include a statement that 
        anyone who does not wish to participate in reciting the pledge 
        of allegiance for any personal reasons may elect not to do so 
        and that students must respect another person's right to make 
        that choice. 
           (d) A local school board or a charter school board of 
        directors that waives the requirement to recite the pledge of 
        allegiance under paragraph (a) may adopt a district or school 
        policy regarding the reciting of the pledge of allegiance. 
           [EFFECTIVE DATE.] Paragraphs (a), (b), and (d) are 
        effective for the 2003-2004 school year and later.  Paragraph 
        (c) is effective for the 2004-2005 school year and later. 
           Sec. 2.  Minnesota Statutes 2002, section 121A.11, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [INSTRUCTION.] Unless the requirement in 
        subdivision 3 is waived by a majority vote of the school board, 
        a school district must instruct students in the proper etiquette 
        toward, correct display of, and respect for the flag, and in 
        patriotic exercises.  
           [EFFECTIVE DATE.] This section is effective for instruction 
        beginning in the 2003-2004 school year and later. 
           Sec. 3.  Minnesota Statutes 2002, 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 363 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 children, families, and 
        learning, 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. 
           [EFFECTIVE DATE.] This section is effective for the 
        2003-2004 school year and later. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 27, 2003, 9:03 a.m.