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Minnesota Legislature

Office of the Revisor of Statutes

124D.02 SCHOOL BOARD POWERS; ENROLLMENT.
    Subdivision 1. Kindergarten instruction. The board may establish and maintain one
or more kindergartens for the instruction of children and after July 1, 1974, shall provide
kindergarten instruction for all eligible children, either in the district or in another district. All
children to be eligible for kindergarten must be at least five years of age on September 1 of the
calendar year in which the school year commences. In addition all children selected under an early
admissions policy established by the school board may be admitted. Nothing in this section shall
prohibit a school district from establishing Head Start, prekindergarten, or nursery school classes
for children below kindergarten age. Any school board with evidence that providing kindergarten
will cause an extraordinary hardship on the school district may apply to the commissioner of
education for an exception.
    Subd. 2. Secondary school programs. The board may permit a person who is over the age
of 21 or who has graduated from high school to enroll in a class or program at a secondary
school if there is space available. In determining if there is space available, public school students
eligible for free enrollment under section 120A.20, subdivision 1, and shared-time students shall
be given priority over students seeking enrollment pursuant to this subdivision, and students
returning to complete a regular course of study shall be given priority over other students seeking
enrollment pursuant to this subdivision. The following are not prerequisites for enrollment:
(1) residency in the school district;
(2) United States citizenship; or
(3) for a person over the age of 21, a high school diploma or equivalency certificate. A
person may enroll in a class or program even if that person attends evening school, an adult or
continuing education, or a postsecondary educational program or institution.
    Subd. 3. Counting pupils. A district may not count a person enrolled pursuant to subdivision
2 as a pupil unit or a pupil in average daily membership for the purpose of receiving any state aid.
    Subd. 4. Part-time student fee. Notwithstanding the provisions of sections 120A.20 and
123B.37, a board may charge a student enrolled pursuant to subdivision 2 a reasonable fee for
a class or program.
History: Ex1959 c 71 art 4 s 17; 1961 c 225 s 1; 1967 c 173 s 2; 1969 c 21 s 1; 1969 c 104 s
1; 1973 c 491 s 1; 1975 c 359 s 23; 1978 c 616 s 5; 1979 c 334 art 6 s 9; 1980 c 609 art 6 s 16;
1981 c 194 s 1; 1981 c 358 art 7 s 22; 1982 c 548 art 6 s 4; 1986 c 444; 1987 c 309 s 24; 1987 c
398 art 7 s 20; 1988 c 626 s 1; 1988 c 668 s 2; 1988 c 718 art 7 s 21; 1991 c 265 art 6 s 22;
art 9 s 36; 1992 c 499 art 12 s 8; 1993 c 224 art 12 s 16; art 13 s 17; 1994 c 647 art 6 s 11-13;
1Sp1995 c 3 art 9 s 20; art 16 s 13; 1996 c 412 art 3 s 10; art 6 s 1; 1Sp1997 c 4 art 6 s 7; art
7 s 4; 1998 c 397 art 1 s 54,58; art 3 s 53; art 5 s 88-90; art 6 s 62-68; art 8 s 1,2; art 11 s 3;
1998 c 398 art 6 s 17; 2003 c 130 s 12; 2006 c 263 art 1 s 4,5