1.1 	A bill for an act
1.2 	relating to education; allowing charter school students to participate in 
1.3 	extracurricular activities in their resident school district;amending Minnesota 
1.4 	Statutes 2008, sections 123B.36, subdivision 1; 123B.49, subdivision 4; 
1.5 	124D.10, subdivision 8.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 123B.36, subdivision 1, is amended to read:
1.8 		Subdivision 1.School boards may require fees. (a) For purposes of this 
1.9 	subdivision, "home school" means a home school as defined in sections 120A.22 and 
1.10 	120A.24 with five or fewer students receiving instruction. 
1.11 	(b) A school board is authorized to require payment of fees in the following areas:
1.12 	(1) in any program where the resultant product, in excess of minimum requirements 
1.13 	and at the pupil's option, becomes the personal property of the pupil;
1.14 	(2) admission fees or charges for extracurricular activities, where attendance 
1.15 	is optional and where the admission fees or charges a student must pay to attend or 
1.16 	participate in an extracurricular activity is the same for all students, regardless of whether 
1.17 	the student is enrolled in a public or a home school;
1.18 	(3) a security deposit for the return of materials, supplies, or equipment;
1.19 	(4) personal physical education and athletic equipment and apparel, although any 
1.20 	pupil may personally provide it if it meets reasonable requirements and standards relating 
1.21 	to health and safety established by the board;
1.22 	(5) items of personal use or products that a student has an option to purchase such as 
1.23 	student publications, class rings, annuals, and graduation announcements;
1.24 	(6) fees specifically permitted by any other statute, including but not limited to 
1.25 	section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual 
2.1 	cost to the school and school district of providing driver education, and (ii) the driver 
2.2 	education courses are open to enrollment to persons between the ages of 15 and 18 who 
2.3 	reside or attend school in the school district; 
2.4 	(7) field trips considered supplementary to a district educational program;
2.5 	(8) any authorized voluntary student health and accident benefit plan;
2.6 	(9) for the use of musical instruments owned or rented by the district, a reasonable 
2.7 	rental fee not to exceed either the rental cost to the district or the annual depreciation plus 
2.8 	the actual annual maintenance cost for each instrument;
2.9 	(10) transportation of pupils to and from extracurricular activities conducted at 
2.10 	locations other than school, where attendance is optional, and transportation of charter 
2.11 	school students participating in extracurricular activities in their resident district under 
2.12 	section 123B.49, subdivision 4, paragraph (a), which must be charged to the charter school;
2.13 	(11) transportation to and from school of pupils living within two miles from school 
2.14 	and all other transportation services not required by law. If a district charges fees for 
2.15 	transportation of pupils, it must establish guidelines for that transportation to ensure that 
2.16 	no pupil is denied transportation solely because of inability to pay;
2.17 	(12) motorcycle classroom education courses conducted outside of regular school 
2.18 	hours; provided the charge must not exceed the actual cost of these courses to the school 
2.19 	district;
2.20 	(13) transportation to and from postsecondary institutions for pupils enrolled under 
2.21 	the postsecondary enrollment options program under section 123B.88, subdivision 22. 
2.22 	Fees collected for this service must be reasonable and must be used to reduce the cost 
2.23 	of operating the route. Families who qualify for mileage reimbursement under section 
2.24 	124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If no 
2.25 	fee is charged, districts must allocate costs based on the number of pupils riding the route. 

2.26 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
2.27 	later.

2.28 	Sec. 2. Minnesota Statutes 2008, section 123B.49, subdivision 4, is amended to read:
2.29 		Subd. 4.Board control of extracurricular activities. (a) The board may take 
2.30 	charge of and control all extracurricular activities of the teachers and children of the public 
2.31 	schools in the district. Extracurricular activities means all direct and personal services for 
2.32 	pupils for their enjoyment that are managed and operated under the guidance of an adult 
2.33 	or staff member. The board shall allow all resident pupils receiving instruction in a home 
2.34 	school as defined in section 123B.36, subdivision 1, paragraph (a), and all resident pupils 
2.35 	receiving instruction in a charter school as defined in section 124D.10 to be eligible to 
3.1 	fully participate in extracurricular activities on the same basis as public school students.
3.2 	enrolled in the district's schools. A charter school student must give the enrolling charter 
3.3 	school at least a 30-day notice of the student's intent to participate in an extracurricular 
3.4 	activity in the resident district. A charter school student is not eligible to participate in an 
3.5 	extracurricular activity in the resident district if that extracurricular activity is offered by 
3.6 	the enrolling charter school or the extracurricular activity is not controlled by the high 
3.7 	school league under chapter 128C. Charter school students participating in extracurricular 
3.8 	activities must meet the academic and student conduct requirements of the resident 
3.9 	district. The charter school must:
3.10 	(1) collect the same information that a district collects on a student's eligibility to 
3.11 	participate in an extracurricular activity;
3.12 	(2) transmit that information to the district at least ten days before a student begins 
3.13 	to participate in the extracurricular activity; and
3.14 	(3) immediately transmit to the district any additional information affecting the 
3.15 	student's eligibility.
3.16 	(b) Extracurricular activities have all of the following characteristics:
3.17 	(1) they are not offered for school credit nor required for graduation;
3.18 	(2) they are generally conducted outside school hours, or if partly during school 
3.19 	hours, at times agreed by the participants, and approved by school authorities;
3.20 	(3) the content of the activities is determined primarily by the pupil participants 
3.21 	under the guidance of a staff member or other adult.
3.22 	(c) If the board does not take charge of and control extracurricular activities, these 
3.23 	activities shall be self-sustaining with all expenses, except direct salary costs and indirect 
3.24 	costs of the use of school facilities, met by dues, admissions, or other student fund-raising 
3.25 	events. The general fund must reflect only those salaries directly related to and readily 
3.26 	identified with the activity and paid by public funds. Other revenues and expenditures for 
3.27 	extra curricular activities must be recorded according to the Manual for Activity Fund 
3.28 	Accounting. Extracurricular activities not under board control must have an annual 
3.29 	financial audit and must also be audited annually for compliance with this section.
3.30 	(d) If the board takes charge of and controls extracurricular activities, any or all 
3.31 	costs of these activities may be provided from school revenues and all revenues and 
3.32 	expenditures for these activities shall be recorded in the same manner as other revenues 
3.33 	and expenditures of the district.
3.34 	(e) If the board takes charge of and controls extracurricular activities, the teachers or 
3.35 	pupils in the district must not participate in such activity, nor shall the school name or any 
3.36 	allied name be used in connection therewith, except by consent and direction of the board.
4.1 	(f) School districts may charge charter schools their proportional share of the direct 
4.2 	and indirect costs of the extracurricular activities that are not covered by student fees under 
4.3 	section 123B.36, subdivision 1. A district may charge charter school students the same 
4.4 	fees it charges enrolled students to participate in an extracurricular activity. A district is 
4.5 	not required to provide transportation from the charter school to the resident district for a 
4.6 	charter school student who participates in an extracurricular activity in the resident district.

4.7 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
4.8 	later.

4.9 	Sec. 3. Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:
4.10 		Subd. 8.State and local requirements. (a) A charter school shall meet all 
4.11 	applicable state and local health and safety requirements.
4.12 	(b) A school sponsored by a school board may be located in any district, unless the 
4.13 	school board of the district of the proposed location disapproves by written resolution.
4.14 	(c) A charter school must be nonsectarian in its programs, admission policies, 
4.15 	employment practices, and all other operations. A sponsor may not authorize a charter 
4.16 	school or program that is affiliated with a nonpublic sectarian school or a religious 
4.17 	institution.
4.18 	(d) Charter schools must not be used as a method of providing education or 
4.19 	generating revenue for students who are being home-schooled.
4.20 	(e) The primary focus of a charter school must be to provide a comprehensive 
4.21 	program of instruction for at least one grade or age group from five through 18 years 
4.22 	of age. Instruction may be provided to people younger than five years and older than 
4.23 	18 years of age.
4.24 	(f) A charter school may not charge tuition.
4.25 	(g) A charter school is subject to and must comply with chapter 363A and section 
4.26 	121A.04. 
4.27 	(h) A charter school is subject to and must comply with the Pupil Fair Dismissal 
4.28 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
4.29 	123B.34 to 123B.39. 
4.30 	(i) A charter school is subject to the same financial audits, audit procedures, and 
4.31 	audit requirements as a district. Audits must be conducted in compliance with generally 
4.32 	accepted governmental auditing standards, the Federal Single Audit Act, if applicable, 
4.33 	and section 6.65. A charter school is subject to and must comply with sections 15.054; 
4.34 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 
4.35 	471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, 
5.1 	and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 
5.2 	123B.75 to 123B.83, except to the extent deviations are necessary because of the program 
5.3 	at the school. Deviations must be approved by the commissioner. The Department 
5.4 	of Education, state auditor, or legislative auditor may conduct financial, program, or 
5.5 	compliance audits. A charter school determined to be in statutory operating debt under 
5.6 	sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4. 
5.7 	(j) A charter school is a district for the purposes of tort liability under chapter 466.
5.8 	(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 
5.9 	121A.75; and 260B.171, subdivisions 3 and 5. 
5.10 	(l) A charter school is subject to the Pledge of Allegiance requirement under section 
5.11 	121A.11, subdivision 3. 
5.12 	(m) A charter school is subject to sections 123B.36, subdivision 1, paragraph (b), 
5.13 	clause (10), and 123B.49, subdivision 4, paragraph (a), when its students participate in 
5.14 	extracurricular activities in their resident district.

5.15 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
5.16 	later.