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 What qualifies as a "school" 
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 Post subject: What qualifies as a "school"
PostPosted: Fri Sep 12, 2008 3:34 pm 
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So, what exactly qualifies as a school under MN law as related to carry issues?

In downtown Lakeville we have both an "Area Learning Center" and a "Family Learning Center." Each of these facilities is operated by School District 194. Lakeville runs the farmer's market from the parking lot of the ALC, so I have just planned on walking their unarmed in the event I ever need locally grown produce, not a biggie.

I never noticed the Family Learning Center until last week. I was walking my dog and about to walk into a small park with a fountain and benches. I stopped when I saw the "Tabacco Free School & Park Zone" sign. When I was walking away I noticed the Building next to it was labeled (not visable from the park or sidewalk) as the Family Learning Center, School District 194.

I realize that commenting on it here forfeits my claims to ignorance of the park being a school. I am OK with that, I guess.

Map - If you use the streetview you can see the park and also that there is no way to tell the building next to it is a school.


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PostPosted: Tue Sep 16, 2008 7:26 am 
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...
Yea, that is about the response I expected. I guess I'll just play it safe and walk on the other side of the street.


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PostPosted: Tue Sep 16, 2008 7:50 am 
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http://www.revisor.leg.state.mn.us/stat ... at.120A.05

Subd. 9. Elementary school. "Elementary school" means any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in prekindergarten through grade 6 or any portion thereof, and staff meeting the standards established by the commissioner.
Subd. 10a. Kindergarten. "Kindergarten" means a program designed for pupils five years of age on September 1 of the calendar year in which the school year commences that prepares pupils to enter first grade the following school year. A program designed for pupils younger than five years of age on September 1 of the calendar year in which the school year commences that prepares pupils to enter kindergarten the following school year is a prekindergarten program.
Subd. 11. Middle school. "Middle school" means any school other than a secondary school giving an approved course of study in a minimum of two consecutive grades above 4th but below 10th with building, equipment, courses of study, class schedules, enrollment, and staff meeting the standards established by the commissioner of education.
Subd. 13. Secondary school. "Secondary school" means any school with building,equipment, courses of study, class schedules, enrollment of pupils ordinarily in grades 7 through 12 or any portion thereof, and staff meeting the standards established by the commissioner of education.

https://www.revisor.leg.state.mn.us/sta ... &year=2007
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period children are present and participating in a child care program;
(iii) the area within a school bus when that bus is being used by a school to transport one or more elementary, middle, or secondary school students to and from school-related activities, including curricular, cocurricular, noncurricular, extracurricular, and supplementary activities; and
(iv) that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school-related use.

------------------

The family learning center may be operated by the school district, but it's not a "public or private elementary, middle, or secondary school building and its improved grounds".

I wouldn't suggest open carry there, but you shouldn't have a legal problem, unless (iv) is effect.

Unless ECFE is considered prekindergarten, but I don't think it is.

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PostPosted: Tue Sep 16, 2008 7:53 am 
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Also, if the park is just a city park, and not owned by the family learning center, it isn't part of FLC's "improved lands".

Judging by their own description, it's not their park.

Quote:
The Family Learning Center (FLC), located in Kenwood Center across Highway 50 from Rainbow Foods, is the site for four Early Childhood Family Education (ECFE) classrooms (Moon, Rainbow, Sunshine and Star), six Small Wonders Preschool classrooms (Bear Buddies, Bugville, Clifford’s Clubhouse, Farmyard Friends, Zoo Crew, Under the Big Top) as well as the Early Childhood Screening program.

The Family Learning Center is located on both the front and back of the building. The front side (facing Rainbow Foods) contains the ECFE Moon and Star rooms as well as facilitates Early Childhood Screening. The address for the front side of the building is 17791 Juniper Path.

The back side (facing Ace Hardware) houses the rest of the rooms and the program office. The program office has limited hours for the Early Childhood Screening, ECFE and Small Wonders Preschool staff. The address for the back side of the building is 17741 Juniper Path.


So, probably not a school, probably not the FLC's park. You should be fine.

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PostPosted: Tue Sep 16, 2008 8:13 am 
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Quote:
The Family Learning Center (FLC), located in Kenwood Center across Highway 50 from Rainbow Foods, is the site for [...]six Small Wonders Preschool classrooms (Bear Buddies, Bugville, Clifford’s Clubhouse, Farmyard Friends, Zoo Crew, Under the Big Top)


princewally wrote:
https://www.revisor.leg.state.mn.us/statutes/?id=120A&view=chapter&year=2007&keyword_type=all&keyword=school#stat.120A.05
Subd. 9. Elementary school. "Elementary school" means any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in prekindergarten through grade 6 or any portion thereof, and staff meeting the standards established by the commissioner.

Subd. 10a. Kindergarten. "Kindergarten" means a program designed for pupils five years of age on September 1 of the calendar year in which the school year commences that prepares pupils to enter first grade the following school year. A program designed for pupils younger than five years of age on September 1 of the calendar year in which the school year commences that prepares pupils to enter kindergarten the following school year is a prekindergarten program.

https://www.revisor.leg.state.mn.us/sta ... &year=2007
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period children are present and participating in a child care program;



ECFE is often times used as Kindergarten Prep. They have regularly scheduled classes with dedicated teachers and staff. I don't know if they qualify as prekindergarten but would be very careful.

I'd make an inquiry on behalf of a hypothetical family friend on whether their preschool is a licensed daycare or preschool. That would make them a "school" when children are present.

Tricky, isn't it?

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PostPosted: Tue Sep 16, 2008 8:36 am 
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princewally wrote:
...Judging by their own description, it's not their park.

Quote:
...The back side (facing Ace Hardware) houses the rest of the rooms and the program office. The program office has limited hours for the Early Childhood Screening, ECFE and Small Wonders Preschool staff. The address for the back side of the building is 17741 Juniper Path.
...

Well, first of all thank you for your help.

I found where you got that info, but it seems they moved into the "Community Education Building." The confusing part is that both the building you described and the building I am talking about in downtown Lakeville are next to Ace Hardware stores.

It looks like it houses both ECFC and preschool.

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PostPosted: Tue Sep 16, 2008 8:39 am 
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plblark wrote:
Tricky, isn't it?

Yea... just slightly. Do you think they do it on purpose?

The scary part is I have walked my dog past that park several dozen times. Every time I had the urge to sit down on the benches the park has been full of old ladies from the retirsment home so I just kept walking.


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PostPosted: Tue Sep 16, 2008 9:27 am 
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I'm late to the conversation. I'm not 100% certain that ECFE is officially preschool. But it is funded from the community education portion of the school district budget and the ECFE staff conduct the state mandated district screening of children as they approach school age. Further, the facility on Juniper conducts "sibling care" and is directly connected to the Community-Ed-run Small Wonders Preschool.

I don't know about the downtown location, but I'm pretty damned confident you don't want to proceed past the parking lot carrying a firearm at the Juniper location without the Community Ed director's permission.


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PostPosted: Tue Sep 16, 2008 12:21 pm 
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Keep in mind that 120A's definition of "elementary" is "[f]or the purposes of this chapter," not for Chapter 609. This further grays the already gray line.

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PostPosted: Tue Sep 16, 2008 1:32 pm 
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Well, for some reason I spaced on the fact I could just check with Lakeville's website to see if it is listed in the park directory. Parks Map It is on the map, so I guess it is not operated by the school. That seems to clear up that issue.

Now, I am pissed I can't go to the Farmers' Market in the ALC parking lot.


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