1.1 	A bill for an act
1.2 	relating to education; modifying nonpublic school and charter school pupil 
1.3 	participation in certain programs;amending Minnesota Statutes 2016, sections 
1.4 	123B.36, subdivision 1; 123B.49, subdivision 4; 128C.02, subdivision 5; proposing 
1.5 	coding for new law in Minnesota Statutes, chapter 123B.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2016, section 123B.36, subdivision 1, is amended to read:
1.8 		Subdivision 1.School boards may require fees. (a) For purposes of this subdivision, 
1.9 	~~"home school" means a home school as defined in sections 120A.22 and 120A.24 with five~~ 
1.10 	~~or fewer students receiving instruction.~~ "nonpublic school" means a school, church or 
1.11 	religious organization, or home school located in the state wherein a resident of Minnesota 
1.12 	may legally fulfill the compulsory instruction requirements of section 120A.22.
1.13 	(b) A school board is authorized to require payment of fees in the following areas:
1.14 	(1) in any program where the resultant product, in excess of minimum requirements and 
1.15 	at the pupil's option, becomes the personal property of the pupil;
1.16 	(2) admission fees or charges for extracurricular activities, where attendance is optional 
1.17 	and where the admission fees or charges a student must pay to attend or participate in an 
1.18 	extracurricular activity is the same for all students, regardless of whether the student is 
1.19 	enrolled in a public, charter, or ~~a home~~ nonpublic school;
1.20 	(3) a security deposit for the return of materials, supplies, or equipment;
1.21 	(4) personal physical education and athletic equipment and apparel, although any pupil 
1.22 	may personally provide it if it meets reasonable requirements and standards relating to health 
1.23 	and safety established by the board;
2.1 	(5) items of personal use or products that a student has an option to purchase such as 
2.2 	student publications, class rings, annuals, and graduation announcements;
2.3 	(6) fees specifically permitted by any other statute, including but not limited to section 
2.4 	171.05, subdivision 2; provided (i) driver education fees do not exceed the actual cost to 
2.5 	the school and school district of providing driver education, and (ii) the driver education 
2.6 	courses are open to enrollment to persons between the ages of 15 and 18 who reside or 
2.7 	attend school in the school district;
2.8 	(7) field trips considered supplementary to a district educational program;
2.9 	(8) any authorized voluntary student health and accident benefit plan;
2.10 	(9) for the use of musical instruments owned or rented by the district, a reasonable rental 
2.11 	fee not to exceed either the rental cost to the district or the annual depreciation plus the 
2.12 	actual annual maintenance cost for each instrument;
2.13 	(10) transportation of pupils to and from extracurricular activities conducted at locations 
2.14 	other than school, where attendance is optional;
2.15 	(11) transportation to and from school of pupils living within two miles from school and 
2.16 	all other transportation services not required by law. If a district charges fees for 
2.17 	transportation of pupils, it must establish guidelines for that transportation to ensure that 
2.18 	no pupil is denied transportation solely because of inability to pay;
2.19 	(12) motorcycle classroom education courses conducted outside of regular school hours; 
2.20 	provided the charge must not exceed the actual cost of these courses to the school district;
2.21 	(13) transportation to and from postsecondary institutions for pupils enrolled under the 
2.22 	postsecondary enrollment options program under section 123B.88, subdivision 22. Fees 
2.23 	collected for this service must be reasonable and must be used to reduce the cost of operating 
2.24 	the route. Families who qualify for mileage reimbursement under section 124D.09, 
2.25 	subdivision 22, may use their state mileage reimbursement to pay this fee. If no fee is 
2.26 	charged, districts must allocate costs based on the number of pupils riding the route.

2.27 	EFFECTIVE DATE. This section is effective for the 2017-2018 school year and later.

2.28 	Sec. 2. [123B.425] SHARED TIME ENROLLMENT.
2.29 	A board must permit a resident pupil enrolled in a nonpublic or charter school that has 
2.30 	less than 250 pupils in kindergarten through grade 12 to attend classes offered in the school 
2.31 	district on the same basis as a resident student enrolled in the district, consistent with section 
2.32 	126C.19.

3.1 	EFFECTIVE DATE. This section is effective for the 2017-2018 school year and later.

3.2 	Sec. 3. Minnesota Statutes 2016, section 123B.49, subdivision 4, is amended to read:
3.3 		Subd. 4.Board control of extracurricular activities. (a) The board may take charge 
3.4 	of and control all extracurricular activities of the teachers and children of the public schools 
3.5 	in the district. Extracurricular activities means all direct and personal services for pupils for 
3.6 	their enjoyment that are managed and operated under the guidance of an adult or staff 
3.7 	member.
3.8 	(b) The board shall allow all resident pupils receiving instruction in ~~a home school as~~ 
3.9 	~~defined in section 123B.36, subdivision 1, paragraph (a),~~ the following to be eligible to 
3.10 	fully participate in extracurricular activities on the same basis as public school students~~.~~:
3.11 	(1) a home school as defined in section 123B.36, subdivision 1, paragraph (a); or
3.12 	(2) a nonpublic or charter school that has less than 250 pupils in kindergarten through 
3.13 	grade 12.
3.14 	(c) Resident pupils participating in extracurricular activities under paragraph (b) must 
3.15 	be permitted to participate at no additional cost to the student or school through which the 
3.16 	student receives instruction.
3.17 	~~(b)~~ (d) Extracurricular activities have all of the following characteristics:
3.18 	(1) they are not offered for school credit nor required for graduation;
3.19 	(2) they are generally conducted outside school hours, or if partly during school hours, 
3.20 	at times agreed by the participants, and approved by school authorities;
3.21 	(3) the content of the activities is determined primarily by the pupil participants under 
3.22 	the guidance of a staff member or other adult.
3.23 	~~(c)~~ (e) If the board does not take charge of and control extracurricular activities, these 
3.24 	activities shall be self-sustaining with all expenses, except direct salary costs and indirect 
3.25 	costs of the use of school facilities, met by dues, admissions, or other student fund-raising 
3.26 	events. The general fund must reflect only those salaries directly related to and readily 
3.27 	identified with the activity and paid by public funds. Other revenues and expenditures for 
3.28 	extra curricular activities must be recorded according to the Manual for Activity Fund 
3.29 	Accounting. Extracurricular activities not under board control must have an annual financial 
3.30 	audit and must also be audited annually for compliance with this section.
3.31 	~~(d)~~ (f) If the board takes charge of and controls extracurricular activities, any or all costs 
3.32 	of these activities may be provided from school revenues and all revenues and expenditures 
4.1 	for these activities shall be recorded in the same manner as other revenues and expenditures 
4.2 	of the district.
4.3 	~~(e)~~ (g) If the board takes charge of and controls extracurricular activities, the teachers 
4.4 	or pupils in the district must not participate in such activity, nor shall the school name or 
4.5 	any allied name be used in connection therewith, except by consent and direction of the 
4.6 	board.

4.7 	EFFECTIVE DATE. This section is effective for the 2017-2018 school year and later.

4.8 	Sec. 4. Minnesota Statutes 2016, section 128C.02, subdivision 5, is amended to read:
4.9 		Subd. 5.Rules for open enrollees. (a) The league shall adopt league rules and regulations 
4.10 	governing the athletic participation of pupils attending school in a nonresident district under 
4.11 	section 124D.03.
4.12 	(b) Notwithstanding other law or league rule or regulation to the contrary, when a student 
4.13 	enrolls in or is readmitted to a recovery-focused high school after successfully completing 
4.14 	a licensed program for treatment of alcohol or substance abuse, mental illness, or emotional 
4.15 	disturbance, the student is immediately eligible to participate on the same basis as other 
4.16 	district students in the league-sponsored activities of the student's resident school district. 
4.17 	Nothing in this paragraph prohibits the league or school district from enforcing a league or 
4.18 	district penalty resulting from the student violating a league or district rule.
4.19 	(c) The league shall adopt league rules making a student with an individualized education 
4.20 	program who transfers from one public school to another public school as a reasonable 
4.21 	accommodation to reduce barriers to educational access immediately eligible to participate 
4.22 	in league-sponsored varsity competition on the same basis as other students in the school 
4.23 	to which the student transfers. The league also must establish guidelines, consistent with 
4.24 	this paragraph, for reviewing the 504 plan of a student who transfers between public schools 
4.25 	to determine whether the student is immediately eligible to participate in league-sponsored 
4.26 	varsity competition on the same basis as other students in the school to which the student 
4.27 	transfers.
4.28 	(d) The league shall adopt rules and regulations governing the participation of pupils of 
4.29 	nonpublic, charter, or home schools in extracurricular activities in their resident school 
4.30 	districts under section 123B.49, subdivision 4, paragraph (b).

4.31 	EFFECTIVE DATE. This section is effective the day following final enactment.