1.1                          A bill for an act 
  1.2             relating to education; allowing school district 
  1.3             residents to participate in extracurricular activities 
  1.4             sponsored by the resident school district; amending 
  1.5             Minnesota Statutes 1998, section 123B.49, subdivision 
  1.6             4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 123B.49, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 
  1.11  (a) The board may take charge of and control all extracurricular 
  1.12  activities of the teachers and children of the public schools in 
  1.13  the district.  The board shall ensure that all school-age 
  1.14  children residing within the school district, whether they 
  1.15  attend a public, nonpublic, or home school located in the 
  1.16  district or another school district, are eligible to participate 
  1.17  on an equal basis in the extracurricular activities the board 
  1.18  controls and in the extracurricular activities that are 
  1.19  self-sustaining.  Extracurricular activities means all direct 
  1.20  and personal services for public, nonpublic, and home school 
  1.21  pupils for their enjoyment that are managed and operated under 
  1.22  the guidance of an adult or staff member.  
  1.23     (b) Extracurricular activities have all of the following 
  1.24  characteristics: 
  1.25     (1) they are not offered for school credit nor required for 
  1.26  graduation; 
  2.1      (2) they are generally conducted outside school hours, or 
  2.2   if partly during school hours, at times agreed by the 
  2.3   participants, and approved by school authorities; 
  2.4      (3) the content of the activities is determined primarily 
  2.5   by the pupil participants under the guidance of a staff member 
  2.6   or other adult. 
  2.7      (c) If the board does not take charge of and control 
  2.8   extracurricular activities, these activities shall be 
  2.9   self-sustaining with all expenses, except direct salary costs 
  2.10  and indirect costs of the use of school facilities, met by dues, 
  2.11  admissions, or other student fundraising events.  The general 
  2.12  fund must reflect only those salaries directly related to and 
  2.13  readily identified with the activity and paid by public funds.  
  2.14  Other revenues and expenditures for extra curricular activities 
  2.15  must be recorded according to the "Manual of Instruction for 
  2.16  Uniform Student Activities Accounting for Minnesota School 
  2.17  Districts and Area Vocational-Technical Colleges."  
  2.18  Extracurricular activities not under board control must have an 
  2.19  annual financial audit and must also be audited annually for 
  2.20  compliance with this section. 
  2.21     (d) If the board takes charge of and controls 
  2.22  extracurricular activities, any or all costs of these activities 
  2.23  may be provided from school revenues and all revenues and 
  2.24  expenditures for these activities shall be recorded in the same 
  2.25  manner as other revenues and expenditures of the district.  
  2.26     (e) If the board takes charge of and controls 
  2.27  extracurricular activities, the teachers or pupils in the 
  2.28  district must not participate in such activity, nor shall the 
  2.29  school name or any allied name be used in connection therewith, 
  2.30  except by consent and direction of the board. 
  2.31     Sec. 2.  [EFFECTIVE DATE.] 
  2.32     Section 1 is effective the day following final enactment.