1.1                          A bill for an act 
  1.2             relating to education; requiring recitation of the 
  1.3             pledge of allegiance in all public schools; providing 
  1.4             for instruction in the proper etiquette, display, and 
  1.5             respect of the United States flag; amending Minnesota 
  1.6             Statutes 2002, sections 121A.11, by adding 
  1.7             subdivisions; 124D.10, subdivision 8. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 121A.11, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3.  [PLEDGE OF ALLEGIANCE.] (a) All public and 
  1.12  charter school students shall recite the pledge of allegiance to 
  1.13  the flag of the United States of America one or more times each 
  1.14  week.  The recitation shall be conducted: 
  1.15     (1) by each individual classroom teacher or the teacher's 
  1.16  surrogate; or 
  1.17     (2) over a school intercom system by a person designated by 
  1.18  the school principal or other person having administrative 
  1.19  control over the school. 
  1.20     All public and charter schools must set aside time each 
  1.21  week for civics education.  Civics education includes, but is 
  1.22  not limited to, recitation of the pledge of allegiance to the 
  1.23  United States of America, discussion of the history and meaning 
  1.24  of the pledge of allegiance, American patriotic songs, United 
  1.25  States history, the Bill of Rights, United States Constitution, 
  1.26  Declaration of Independence, discussion of current events, or 
  2.1   any other activities related to government. 
  2.2      A local school board or a charter school board of directors 
  2.3   may waive this requirement.  
  2.4      (b) Any student or teacher may decline to participate in 
  2.5   recitation of the pledge.  At the beginning of the school year, 
  2.6   the adult person in charge of the class or school shall discuss 
  2.7   the history and reason for recitation of the pledge of 
  2.8   allegiance with the students.  As part of that discussion, the 
  2.9   person in charge shall inform the students that anyone not 
  2.10  wishing to participate in the recitation of the pledge for any 
  2.11  personal reason may elect not to do so and others should respect 
  2.12  the right to make that choice.  
  2.13     (c) A local school board or a charter school board of 
  2.14  directors that waives the requirement to recite the pledge of 
  2.15  allegiance under paragraph (a) may adopt a district or school 
  2.16  policy regarding the reciting of the pledge of allegiance. 
  2.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.18  following final enactment. 
  2.19     Sec. 2.  Minnesota Statutes 2002, section 121A.11, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 4.  [INSTRUCTION.] Unless the requirement in 
  2.22  subdivision 3 is waived by a majority vote of the school board, 
  2.23  a school district must instruct students in the proper etiquette 
  2.24  toward, correct display of, and respect for the flag, and in 
  2.25  patriotic exercises.  The instruction is recommended to be part 
  2.26  of the district's fifth grade social studies curriculum. 
  2.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.28  following final enactment.  Each school district must begin the 
  2.29  instruction required under this section no later than the 
  2.30  2003-2004 school year. 
  2.31     Sec. 3.  Minnesota Statutes 2002, section 124D.10, 
  2.32  subdivision 8, is amended to read: 
  2.33     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
  2.34  school shall meet all applicable state and local health and 
  2.35  safety requirements. 
  2.36     (b) A school sponsored by a school board may be located in 
  3.1   any district, unless the school board of the district of the 
  3.2   proposed location disapproves by written resolution.  
  3.3      (c) A charter school must be nonsectarian in its programs, 
  3.4   admission policies, employment practices, and all other 
  3.5   operations.  A sponsor may not authorize a charter school or 
  3.6   program that is affiliated with a nonpublic sectarian school or 
  3.7   a religious institution. 
  3.8      (d) Charter schools must not be used as a method of 
  3.9   providing education or generating revenue for students who are 
  3.10  being home-schooled. 
  3.11     (e) The primary focus of a charter school must be to 
  3.12  provide a comprehensive program of instruction for at least one 
  3.13  grade or age group from five through 18 years of age.  
  3.14  Instruction may be provided to people younger than five years 
  3.15  and older than 18 years of age. 
  3.16     (f) A charter school may not charge tuition. 
  3.17     (g) A charter school is subject to and must comply with 
  3.18  chapter 363 and section 121A.04. 
  3.19     (h) A charter school is subject to and must comply with the 
  3.20  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
  3.21  Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
  3.22     (i) A charter school is subject to the same financial 
  3.23  audits, audit procedures, and audit requirements as a district.  
  3.24  Audits must be conducted in compliance with generally accepted 
  3.25  governmental auditing standards, the Federal Single Audit Act, 
  3.26  if applicable, and section 6.65.  A charter school is subject to 
  3.27  and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
  3.28  118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
  3.29  471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
  3.30  4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
  3.31  comply with the requirements of sections 123B.75 to 123B.83, 
  3.32  except to the extent deviations are necessary because of the 
  3.33  program at the school.  Deviations must be approved by the 
  3.34  commissioner.  The department of children, families, and 
  3.35  learning, state auditor, or legislative auditor may conduct 
  3.36  financial, program, or compliance audits.  A charter school 
  4.1   determined to be in statutory operating debt under sections 
  4.2   123B.81 to 123B.83 must submit a plan under section 123B.81, 
  4.3   subdivision 4. 
  4.4      (j) A charter school is a district for the purposes of tort 
  4.5   liability under chapter 466. 
  4.6      (k) A charter school must comply with sections 13.32; 
  4.7   120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 
  4.8   and 5.  
  4.9      (l) A charter school is subject to the pledge of allegiance 
  4.10  requirement under section 121A.11, subdivision 3. 
  4.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  4.12  following final enactment.