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2019 Op. Minn. Att'y Gen. 1 (2019)

handle is hein.sag/sagmn0087 and id is 1 raw text is: 

SCHOOL PUPILS: GRADUATION: FEES: Public schools are prohibited from denying
students - who are eligible to receive their diploma - the opportunity to participate in graduation
ceremonies due to unpaid meal debts.
                                                                                     169j
                                                                             (cr.ref 169x)

       -STATE OF MINNESOTA
     .......               OFFICE OF THE ATTORNEY GENERAL
                    %>., 8,5S 102 STATE CAPITOL
                                                                     ST. PAUL, MN 55155-1609
 KEITH ELLISON                                                       TELEPHONE: (651) 296-6197
 ATTORNEY GENERAL
                                      May 14, 2019



Mary Cathryn Ricker
Commissioner
Minnesota Department of Education
1500 Highway 36 West
Roseville MN 55113

Dear Commissioner Ricker:

       Thank you for asking the Attorney General's Office to provide a written opinion on
whether denying a student's opportunity to participate in graduation ceremonies or activities
because of an unpaid meal debt violates state law. Pursuant to Minn. Stat. § 8.07 (2018), here is
our response.

                                         FACTS

       You indicated that you have recently become aware that several Minnesota school
districts have policies that restrict a student's ability to participate in graduation ceremonies or
activities when the student has an unpaid school meal debt owing to the school.

                                      QUESTION

       You have asked whether the practice of restricting a student from participating in
graduation ceremonies or activities because the student has an outstanding school meal debt
violates Minnesota statutes.

                                  LEGAL ANALYSIS

       In my opinion, public schools1 are prohibited under Minnesota statutes from denying
students the opportunity to participate in graduation ceremonies due to unpaid meal charges. I
base this opinion on both the Minnesota Public School Fee Law, Minn. Stat. §§ 123B.34-39, (the
Law) and the Lunch Aid Law, Minn. Stat. § 124D.1 11, subd. 4.


1 Public schools refer to Minnesota public elementary and secondary schools; school districts;
and charter schools that are all subject to the Public School Fee Law.

        Toll Free Line: (800) 657-3787 • Minnesota Relay: (800) 627-3529  Facsimile: (651) 297-4193 • www.ag.state.mn.us
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