1.1                          A bill for an act 
  1.2             relating to education; requiring bus transportation 
  1.3             for students living further than one mile from school; 
  1.4             authorizing school board to charge fee to all students 
  1.5             riding buses; amending Minnesota Statutes 2002, 
  1.6             sections 123B.36, subdivision 1; 123B.37, subdivision 
  1.7             1; 123B.88, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 123B.36, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
  1.12  purposes of this subdivision, "home school" means a home school 
  1.13  as defined in sections 120A.22 and 120A.24 with five or fewer 
  1.14  students receiving instruction.  
  1.15     (b) A school board is authorized to require payment of fees 
  1.16  in the following areas: 
  1.17     (1) in any program where the resultant product, in excess 
  1.18  of minimum requirements and at the pupil's option, becomes the 
  1.19  personal property of the pupil; 
  1.20     (2) admission fees or charges for extra curricular 
  1.21  activities, where attendance is optional and where the admission 
  1.22  fees or charges a student must pay to attend or participate in 
  1.23  an extracurricular activity is the same for all students, 
  1.24  regardless of whether the student is enrolled in a public or a 
  1.25  home school; 
  1.26     (3) a security deposit for the return of materials, 
  2.1   supplies, or equipment; 
  2.2      (4) personal physical education and athletic equipment and 
  2.3   apparel, although any pupil may personally provide it if it 
  2.4   meets reasonable requirements and standards relating to health 
  2.5   and safety established by the board; 
  2.6      (5) items of personal use or products that a student has an 
  2.7   option to purchase such as student publications, class rings, 
  2.8   annuals, and graduation announcements; 
  2.9      (6) fees specifically permitted by any other statute, 
  2.10  including but not limited to section 171.05, subdivision 2; 
  2.11  provided (i) driver education fees do not exceed the actual cost 
  2.12  to the school and school district of providing driver education, 
  2.13  and (ii) the driver education courses are open to enrollment to 
  2.14  persons between the ages of 15 and 18 who reside or attend 
  2.15  school in the school district; 
  2.16     (7) field trips considered supplementary to a district 
  2.17  educational program; 
  2.18     (8) any authorized voluntary student health and accident 
  2.19  benefit plan; 
  2.20     (9) for the use of musical instruments owned or rented by 
  2.21  the district, a reasonable rental fee not to exceed either the 
  2.22  rental cost to the district or the annual depreciation plus the 
  2.23  actual annual maintenance cost for each instrument; 
  2.24     (10) transportation of pupils to and from extra curricular 
  2.25  activities conducted at locations other than school, where 
  2.26  attendance is optional; 
  2.27     (11) transportation of pupils to and from school ~~of pupils~~ 
  2.28  ~~living within two miles from school and all other transportation~~ 
  2.29  ~~services not required by law~~.  If a district charges fees for 
  2.30  transportation of pupils, it must establish guidelines for that 
  2.31  transportation to ensure that no pupil is denied transportation 
  2.32  solely because of inability to pay; 
  2.33     (12) motorcycle classroom education courses conducted 
  2.34  outside of regular school hours; provided the charge must not 
  2.35  exceed the actual cost of these courses to the school district; 
  2.36     (13) transportation to and from post-secondary institutions 
  3.1   for pupils enrolled under the post-secondary enrollment options 
  3.2   program under section 123B.88, subdivision 22.  Fees collected 
  3.3   for this service must be reasonable and must be used to reduce 
  3.4   the cost of operating the route.  Families who qualify for 
  3.5   mileage reimbursement under section 124D.09, subdivision 22, may 
  3.6   use their state mileage reimbursement to pay this fee.  If no 
  3.7   fee is charged, districts must allocate costs based on the 
  3.8   number of pupils riding the route. 
  3.9      Sec. 2.  Minnesota Statutes 2002, section 123B.37, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [BOARDS SHALL NOT CHARGE CERTAIN FEES.] (a) 
  3.12  A board is not authorized to charge fees in the following areas: 
  3.13     (1) textbooks, workbooks, art materials, laboratory 
  3.14  supplies, towels; 
  3.15     (2) supplies necessary for participation in any 
  3.16  instructional course except as authorized in sections 123B.36 
  3.17  and 123B.38; 
  3.18     (3) field trips that are required as a part of a basic 
  3.19  education program or course; 
  3.20     (4) graduation caps, gowns, any specific form of dress 
  3.21  necessary for any educational program, and diplomas; 
  3.22     (5) instructional costs for necessary school personnel 
  3.23  employed in any course or educational program required for 
  3.24  graduation; 
  3.25     (6) library books required to be utilized for any 
  3.26  educational course or program; 
  3.27     (7) admission fees, dues, or fees for any activity the 
  3.28  pupil is required to attend; 
  3.29     (8) any admission or examination cost for any required 
  3.30  educational course or program; and 
  3.31     (9) locker rentals~~;~~ 
  3.32     ~~(10) transportation to and from school of pupils living two~~ 
  3.33  ~~miles or more from school~~. 
  3.34     (b) Notwithstanding paragraph (a), clauses (1) and (6), a 
  3.35  board may charge fees for textbooks, workbooks, and library 
  3.36  books, lost or destroyed by students.  The board must annually 
  4.1   notify parents or guardians and students about its policy to 
  4.2   charge a fee under this paragraph. 
  4.3      Sec. 3.  Minnesota Statutes 2002, section 123B.88, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [PROVIDING TRANSPORTATION.] The board may 
  4.6   provide for the transportation of pupils to and from school and 
  4.7   for any other purpose.  The board may also provide for the 
  4.8   transportation of pupils to schools in other districts for 
  4.9   grades and departments not maintained in the district, including 
  4.10  high school, at the expense of the district, when funds are 
  4.11  available therefor and if agreeable to the district to which it 
  4.12  is proposed to transport the pupils, for the whole or a part of 
  4.13  the school year, as it may deem advisable, and subject to its 
  4.14  rules.  In any district, the board must arrange for the 
  4.15  attendance of all pupils living ~~two miles~~ one mile or more from 
  4.16  the school, except pupils whose transportation privileges have 
  4.17  been voluntarily surrendered under subdivision 2, or whose 
  4.18  privileges have been revoked under section 123B.91, subdivision 
  4.19  1, clause (6), or 123B.90, subdivision 2.  The district may 
  4.20  provide for the transportation of or the boarding and rooming of 
  4.21  the pupils who may be more economically and conveniently 
  4.22  provided for by that means.  Arrangements for attendance may 
  4.23  include a requirement that parents or guardians request 
  4.24  transportation before it is provided.  The board must provide 
  4.25  transportation to and from the home of a child with a disability 
  4.26  not yet enrolled in kindergarten when special instruction and 
  4.27  services under sections 125A.03 to 125A.24, 125A.26 to 125A.48, 
  4.28  and 125A.65 are provided in a location other than in the child's 
  4.29  home.  When transportation is provided, scheduling of routes, 
  4.30  establishment of the location of bus stops, manner and method of 
  4.31  transportation, control and discipline of school children, the 
  4.32  determination of fees, and any other matter relating thereto 
  4.33  must be within the sole discretion, control, and management of 
  4.34  the board.  The district may provide for the transportation of 
  4.35  pupils or expend a reasonable amount for room and board of 
  4.36  pupils whose attendance at school can more economically and 
  5.1   conveniently be provided for by that means or who attend school 
  5.2   in a building rented or leased by a district within the confines 
  5.3   of an adjacent district.