HF 3237

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/15/2016 09:19am

A bill for an act
relating to higher education; providing policy and finance for the Office of
Higher Education, the Minnesota State Colleges and Universities, and the
University of Minnesota, including programs for student loans, college readiness
and remediation, students with disabilities, fetal tissue research, psychiatric drug
trials, and collegiate recovery; modifying appropriations; requiring reports;
amending Minnesota Statutes 2014, sections 136A.01, by adding a subdivision;
136A.101, subdivision 10; 245.92; 245.94; 245.945; 245.95, subdivision
1; 245.97, subdivision 5; Minnesota Statutes 2015 Supplement, sections
120B.30, subdivision 1; 136A.121, subdivision 7a; 136A.125, subdivisions 2, 4;
136A.1791, subdivisions 4, 5, 6; 136A.87; 136F.302, subdivision 1; Laws 2015,
chapter 69, article 1, section 5, subdivision 2; article 3, section 20, subdivision
15; proposing coding for new law in Minnesota Statutes, chapters 136A; 136F;
137; 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

OFFICE OF HIGHER EDUCATION

Section 1.

Minnesota Statutes 2014, section 136A.01, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Management of programs. new text end

new text begin (a) The commissioner may retain up to five
percent of the amount appropriated to the office for a program or pass-through grant if:
new text end

new text begin (1) the program or grant is first established on or after January 1, 2016; and
new text end

new text begin (2) the appropriation does not specify an amount for administrative costs.
new text end

new text begin (b) The amount retained under paragraph (a) is appropriated to the commissioner and
must be used for the costs of administering and monitoring programs and pass-through
grants established on or after January 1, 2016.
new text end

Sec. 2.

new text begin [136A.0412] RECEIPT OF DONATIONS; MONEY; GRANTS.
new text end

new text begin The commissioner may accept donations, grants, bequests, and other funds to carry
out the purposes of section 136A.01. A donation, nonfederal grant, bequest, or other fund
received by the commissioner is deposited in an account in the special revenue fund.
Funds in the account are appropriated to the commissioner for the purpose for which they
were granted and are available until expended.
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, section 136A.121, subdivision 7a,
is amended to read:

Subd. 7a.

Surplus appropriation.

If the amount appropriated is determined by the
office to be more than sufficient to fund projected grant demand in the second year of the
biennium, the office may increase the living and miscellaneous expense allowance deleted text begin or the
deleted text end deleted text begin tuition and fee maximums deleted text end in the second year of the biennium by up to an amount that
retains sufficient appropriations to fund the projected grant demand. The adjustment may
be made one or more times. In making the determination that there are more than sufficient
funds, the office shall balance the need for sufficient resources to meet the projected
demand for grants with the goal of fully allocating the appropriation for state grants. An
increase in the living and miscellaneous expense allowance under this subdivision does
not carry forward into a subsequent biennium.

Sec. 4.

Minnesota Statutes 2015 Supplement, section 136A.125, subdivision 2, is
amended to read:

Subd. 2.

Eligible students.

(a) An applicant is eligible for a child care grant if
the applicant:

(1) is a resident of the state of Minnesota or the applicant's spouse is a resident
of the state of Minnesota;

(2) has a child 12 years of age or younger, or 14 years of age or younger who is
disabled as defined in section 125A.02, and who is receiving or will receive care on a
regular basis from a licensed or legal, nonlicensed caregiver;

(3) is income eligible as determined by the office's policies and rules, but is not a
recipient of assistance from the Minnesota family investment program;

(4) new text begin either new text end has not earned a baccalaureate degree and has been enrolled full time less
than eight semesters or the equivalent new text begin , or has earned a baccalaureate degree and has been
enrolled full time less than eight semesters or the equivalent in a graduate or professional
degree program new text end ;

(5) is pursuing a nonsectarian program or course of study that applies to an
undergraduate new text begin , graduate, or professional new text end degree, diploma, or certificate;

(6) is enrolled new text begin in new text end at least deleted text begin half time deleted text end new text begin six credits in an undergraduate program or one
credit in a graduate or professional program new text end in an eligible institution; and

(7) is in good academic standing and making satisfactory academic progress.

(b) A student who withdraws from enrollment for active military service after
December 31, 2002, because the student was ordered to active military service as defined
in section 190.05, subdivision 5b or 5c, or for a major illness, while under the care of a
medical professional, that substantially limits the student's ability to complete the term
is entitled to an additional semester or the equivalent of grant eligibility and will be
considered to be in continuing enrollment status upon return.

Sec. 5.

Minnesota Statutes 2015 Supplement, section 136A.125, subdivision 4, is
amended to read:

Subd. 4.

Amount and length of grants.

(a) The amount of a child care grant
must be based on:

(1) the income of the applicant and the applicant's spouse;

(2) the number in the applicant's family, as defined by the office; and

(3) the number of eligible children in the applicant's family.

(b) The maximum award to the applicant shall be $2,800 for each eligible child per
academic year, except that the campus financial aid officer may apply to the office for
approval to increase grants by up to ten percent to compensate for higher market charges
for infant care in a community. The office shall develop policies to determine community
market costs and review institutional requests for compensatory grant increases to ensure
need and equal treatment. The office shall prepare a chart to show the amount of a grant
that will be awarded per child based on the factors in this subdivision. The chart shall
include a range of income and family size.

(c) Applicants with family incomes at or below a percentage of the federal poverty
level, as determined by the commissioner, will qualify for the maximum award. The
commissioner shall attempt to set the percentage at a level estimated to fully expend the
available appropriation for child care grants. Applicants with family incomes exceeding
that threshold will receive the maximum award minus ten percent of their income
exceeding that threshold. If the result is less than zero, the grant is zero.

(d) The academic year award amount must be disbursed by academic term using the
following formula:

(1) the academic year amount described in paragraph (b);

(2) divided by the number of terms in the academic year;

(3) divided by 15 new text begin for undergraduate students and six for graduate and professional
students new text end ; and

(4) multiplied by the number of credits for which the student is enrolled that
academic term, up to 15 credits new text begin for undergraduate students and six for graduate and
professional students new text end .

(e) Payments shall be made each academic term to the student or to the child care
provider, as determined by the institution. Institutions may make payments more than
once within the academic term.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 4,
is amended to read:

Subd. 4.

Application for loan forgiveness.

Each applicant for loan forgiveness,
according to rules adopted by the commissioner, shall:

(1) apply for teacher shortage loan forgiveness and promptly submit any additional
information required by the commissioner; new text begin and
new text end

deleted text begin (2) annually reapply for up to five consecutive school years and submit information
the commissioner requires to determine the applicant's continued eligibility for loan
forgiveness; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end submit to the commissioner a completed affidavit, prescribed by the
commissioner, affirming the teacher is teaching in new text begin : (i) new text end a licensure field deleted text begin and in deleted text end new text begin identified by
the commissioner as experiencing a teacher shortage; or (ii) new text end an economic development
region identified by the commissioner as experiencing a teacher shortage.

Sec. 7.

Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 5,
is amended to read:

Subd. 5.

Amount of loan forgiveness.

(a) To the extent funding is available, the
annual amount of teacher shortage loan forgiveness for an approved applicant shall not
exceed $1,000 or the cumulative balance of the applicant's qualified educational loans,
including principal and interest, whichever amount is less.

(b) Recipients must secure their own qualified educational loans. Teachers who
graduate from an approved teacher preparation program or teachers who add a licensure
field, consistent with the teacher shortage requirements of this section, are eligible to
apply for the loan forgiveness program.

new text begin (c) No teacher shall receive more than five annual awards.
new text end

Sec. 8.

Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 6,
is amended to read:

Subd. 6.

Disbursement.

(a) The commissioner must make annual disbursements
directly to the participant of the amount for which a participant is eligible, for each year
that a participant is eligible.

(b) Within 60 days of deleted text begin receipt of a deleted text end new text begin the new text end disbursement new text begin date new text end , the participant must provide
the commissioner with verification that the full amount of loan repayment disbursement
has been applied toward the designated loans. A participant that previously received
funds under this section but has not provided the commissioner with such verification
is not eligible to receive additional funds.

Sec. 9.

new text begin [136A.1792] PROMOTION OF FEDERAL LOAN FORGIVENESS
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Federal loan forgiveness program" means a loan forgiveness program offered
under Code of Federal Regulations, title 34, part 685.
new text end

new text begin (c) "Public service loan forgiveness program" means the loan forgiveness program
offered under Code of Federal Regulations, title 34, part 685, section 219.
new text end

new text begin (d) "Public service organization" means a public service organization under Code of
Federal Regulations, title 34, part 685, section 219.
new text end

new text begin Subd. 2. new text end

new text begin Promotion of federal loan forgiveness programs. new text end

new text begin (a) The commissioner
must develop and distribute informational materials designed to increase awareness of
federal loan forgiveness programs among Minnesota residents who are eligible for such
programs. At a minimum, the commissioner must develop and distribute informational
materials that public service organizations may use to promote awareness of the federal
public service loan forgiveness program, including:
new text end

new text begin (1) a one-page letter addressed to individuals who may be eligible for the public
service loan forgiveness program that briefly summarizes the program, provides
information on what an eligible individual must do in order to participate, and recommends
that they contact their student loan servicer or servicers for additional information;
new text end

new text begin (2) a detailed fact sheet describing the public service loan forgiveness program; and
new text end

new text begin (3) a document containing answers to frequently asked questions about the public
service loan forgiveness program.
new text end

new text begin (b) In place of developing and publishing an informational document required under
paragraph (a), the commissioner may distribute a document published by a federal agency
that meets the requirements of paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Publication of informational materials. new text end

new text begin The commissioner must make
the informational materials required under subdivision 2 available on the office's Web
site and must verify each biennium that the informational materials contain current
information. The commissioner must update and correct any informational materials that
the commissioner finds to be inaccurate or outdated.
new text end

Sec. 10.

Minnesota Statutes 2015 Supplement, section 136A.87, is amended to read:

136A.87 PLANNING INFORMATION FOR POSTSECONDARY
EDUCATION.

new text begin (a) new text end The office shall make available to all residents beginning in 7th grade through
adulthood information about planning and preparing for postsecondary opportunities.
Information must be provided to all 7th grade students and their parents annually
by September 30 about planning for their postsecondary education. The office may
also provide information to high school students and their parents, to adults, and to
out-of-school youth.

new text begin (b) The office shall gather and share information with students and parents about
the dual credit acceptance policies of each Minnesota public and private college and
university. The office shall gather and share information related to the acceptance policies
for concurrent enrollment courses, postsecondary enrollment options courses, advanced
placement courses, and international baccalaureate courses. This information must be
shared on the office's Web site and included in the information under paragraph (a).
new text end

new text begin (c) new text end The information provided new text begin under paragraph (a) new text end may include the following:

(1) the need to start planning early;

(2) the availability of assistance in educational planning from educational institutions
and other organizations;

(3) suggestions for studying effectively during high school;

(4) high school courses necessary to be adequately prepared for postsecondary
education;

(5) encouragement to involve parents actively in planning for all phases of education;

(6) information about postsecondary education and training opportunities existing
in the state, their respective missions and expectations for students, their preparation
requirements, admission requirements, and student placement;

(7) ways to evaluate and select postsecondary institutions;

(8) the process of transferring credits among Minnesota postsecondary institutions
and systems;

(9) the costs of postsecondary education and the availability of financial assistance
in meeting these costs, including specific information about the Minnesota Promise;

(10) the interrelationship of assistance from student financial aid, public assistance,
and job training programs; and

(11) financial planning for postsecondary education.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 11.

new text begin [181.987] DISCLOSURE OF ELIGIBILITY FOR STUDENT LOAN
FORGIVENESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Employer" means an organization, agency, or entity that is a public service
organization under Code of Federal Regulations, title 34, part 685, section 219, provided
that the following are not employers:
new text end

new text begin (1) a federal or tribal government organization, agency, or entity; and
new text end

new text begin (2) a tribal college or university.
new text end

new text begin (c) "Employment certification form" means the form used by the United States
Department of Education to certify an individual's employment at a public service
organization for the purposes of the federal public service loan forgiveness program.
new text end

new text begin (d) "Federal public service loan forgiveness program" means the program offered
under Code of Federal Regulations, title 34, part 685, section 219.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure of eligibility for student loan forgiveness. new text end

new text begin (a) An employer
must provide an employee with information about the employee's potential eligibility
for the federal public service loan forgiveness program. An employer must annually
provide to each employee in written or electronic form the one-page letter, fact sheet,
and frequently asked questions required under section 136A.1792, subdivision 2. An
employer must provide a newly hired employee with that information within two weeks of
the employee's first day of employment.
new text end

new text begin (b) At an employee's request, an employer must provide the employee with a copy
of the employment certification form.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017. An employer must
provide information to current employees, as required by subdivision 2, by January 15,
2017.
new text end

Sec. 12.

Laws 2015, chapter 69, article 3, section 20, subdivision 15, is amended to read:

Subd. 15.

Reporting.

(a) A college must report to the commissioner the following
information:

(1) the number of grantees and their race, gender, and ethnicity;

(2) grantee persistence and completion;

(3) employment outcomes; and

(4) other information requested by the commissioner.

(b) The commissioner shall report deleted text begin annually deleted text end by January 15, new text begin 2017, and January 15,
2018, new text end to the chairs and ranking minority members of the legislative committees with
jurisdiction over higher education finance by college and in aggregate on the information
submitted to the commissioner under paragraph (a). The commissioner may include in the
report recommendations for changes in the grant program.

Sec. 13. new text begin MNSCU TWO-YEAR COLLEGE PROGRAM; ADMINISTRATIVE
COSTS.
new text end

new text begin The appropriation made by Laws 2015, chapter 69, article 1, section 3, subdivision
18, paragraph (c), for fiscal year 2017 for information technology and administrative costs
is available on the effective date of this section and until June 30, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

HIGH SCHOOL TESTING; COLLEGE READINESS AND REMEDIATION

Section 1.

Minnesota Statutes 2015 Supplement, section 120B.30, subdivision 1, is
amended to read:

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed as computer-adaptive reading and
mathematics assessments for students that are aligned with the state's required academic
standards under section 120B.021, include multiple choice questions, and are administered
annually to all students in grades 3 through 8. State-developed high school tests aligned
with the state's required academic standards under section 120B.021 and administered
to all high school students in a subject other than writing must include multiple choice
questions. The commissioner shall establish one or more months during which schools
shall administer the tests to students each school year.

(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii)
the Compass college placement test, (iv) the ACT assessment for college admission, (v) a
nationally recognized armed services vocational aptitude test.

(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are
eligible to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision
1, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the
Compass college placement test, (iv) the ACT assessment for college admission, (v) a
nationally recognized armed services vocational aptitude test.

(3) For students under clause (1) or (2), a school district may substitute a score from
an alternative, equivalent assessment to satisfy the requirements of this paragraph.

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students'
state graduation requirements, based on a longitudinal, systematic approach to student
education and career planning, assessment, instructional support, and evaluation, include
the following:

(1) an opportunity to participate on a nationally normed college entrance exam,
in grade 11 or grade 12;

(2) achievement and career and college readiness in mathematics, reading, and
writing, consistent with paragraph deleted text begin (j) deleted text end new text begin (k) new text end and to the extent available, to monitor students'
continuous development of and growth in requisite knowledge and skills; analyze
students' progress and performance levels, identifying students' academic strengths and
diagnosing areas where students require curriculum or instructional adjustments, targeted
interventions, or remediation; and, based on analysis of students' progress and performance
data, determine students' learning and instructional needs and the instructional tools and
best practices that support academic rigor for the student; and

(3) consistent with this paragraph and section 120B.125, age-appropriate exploration
and planning activities and career assessments to encourage students to identify personally
relevant career interests and aptitudes and help students and their families develop a
regularly reexamined transition plan for postsecondary education or employment without
need for postsecondary remediation.

Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.

(d) Expectations of schools, districts, and the state for career or college readiness
under this subdivision must be comparable in rigor, clarity of purpose, and rates of
student completion.

A student under paragraph (c), clause (2), must receive targeted, relevant,
academically rigorous, and resourced instruction, which may include a targeted instruction
and intervention plan focused on improving the student's knowledge and skills in core
subjects so that the student has a reasonable chance to succeed in a career or college
without need for postsecondary remediation. Consistent with sections 120B.13, 124D.09,
124D.091, 124D.49, and related sections, an enrolling school or district must actively
encourage a student in grade 11 or 12 who is identified as academically ready for a career
or college to participate in courses and programs awarding college credit to high school
students. Students are not required to achieve a specified score or level of proficiency on
an assessment under this subdivision to graduate from high school.

(e) Though not a high school graduation requirement, students are encouraged to
participate in a nationally recognized college entrance exam. With funding provided by
the state, a district must pay the cost, one time, for an interested student in grade 11 or 12
to take a nationally recognized college entrance exam before graduating. A student must
be able to take the exam under this paragraph at the student's high school during the school
day and at any one of the multiple exam administrations available to students in the district.

(f) The commissioner and the chancellor of the Minnesota State Colleges and
Universities must collaborate in aligning instruction and assessments for adult basic
education students and English learners to provide the students with diagnostic information
about any targeted interventions, accommodations, modifications, and supports they
need so that assessments and other performance measures are accessible to them and
they may seek postsecondary education or employment without need for postsecondary
remediation. When administering formative or summative assessments used to measure
the academic progress, including the oral academic development, of English learners
and inform their instruction, schools must ensure that the assessments are accessible to
the students and students have the modifications and supports they need to sufficiently
understand the assessments.

(g) Districts and schools, on an annual basis, must use career exploration elements
to help students, beginning no later than grade 9, and their families explore and plan
for postsecondary education or careers based on the students' interests, aptitudes, and
aspirations. Districts and schools must use timely regional labor market information and
partnerships, among other resources, to help students and their families successfully
develop, pursue, review, and revise an individualized plan for postsecondary education or a
career. This process must help increase students' engagement in and connection to school,
improve students' knowledge and skills, and deepen students' understanding of career
pathways as a sequence of academic and career courses that lead to an industry-recognized
credential, an associate's degree, or a bachelor's degree and are available to all students,
whatever their interests and career goals.

(h) A student who demonstrates attainment of required state academic standards,
which include career and college readiness benchmarks, on high school assessments
under subdivision 1a is academically ready for a career or college and is encouraged to
participate in courses awarding college credit to high school students. Such courses and
programs may include sequential courses of study within broad career areas and technical
skill assessments that extend beyond course grades.

(i) As appropriate, students through grade 12 must continue to participate in targeted
instruction, intervention, or remediation and be encouraged to participate in courses
awarding college credit to high school students.

(j) In developing, supporting, and improving students' academic readiness for a
career or college, schools, districts, and the state must have a continuum of empirically
derived, clearly defined benchmarks focused on students' attainment of knowledge and
skills so that students, their parents, and teachers know how well students must perform to
have a reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner, in consultation with local school officials and educators,
and Minnesota's public postsecondary institutions must ensure that the foundational
knowledge and skills for students' successful performance in postsecondary employment
or education and an articulated series of possible targeted interventions are clearly
identified and satisfy Minnesota's postsecondary admissions requirements.

(k) For students in grade 8 in the 2012-2013 school year and later, a school, district,
or charter school must record on the high school transcript a student's progress toward
career and college readiness, and for other students as soon as practicable.

(l) The school board granting students their diplomas may formally decide to include
a notation of high achievement on the high school diplomas of those graduating seniors
who, according to established school board criteria, demonstrate exemplary academic
achievement during high school.

(m) The 3rd through 8th grade computer-adaptive assessment results and high school
test results shall be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability.
The commissioner must establish empirically derived benchmarks on adaptive assessments
in grades 3 through 8 new text begin and the high school tests new text end that reveal a trajectory toward career and
college readiness. new text begin The chancellor of the Minnesota State Colleges and Universities must
review and confirm the benchmarks established by the commissioner as indicating students
can be expected to successfully complete credit-bearing coursework at a Minnesota
state college or university. new text end The commissioner must disseminate to the public the
computer-adaptive assessments and high school test results upon receiving those results.

(n) The grades 3 through 8 computer-adaptive assessments and high school tests
must be aligned with state academic standards. The commissioner shall determine the
testing process and the order of administration. The statewide results shall be aggregated
at the site and district level, consistent with subdivision 1a.

(o) The commissioner shall include the following components in the statewide
public reporting system:

(1) uniform statewide computer-adaptive assessments of all students in grades 3
through 8 and testing at the high school levels that provides appropriate, technically sound
accommodations or alternate assessments;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

(p) For purposes of statewide accountability, "career and college ready" means a
high school graduate has the knowledge, skills, and competencies to successfully pursue a
career pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.

(q) For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability and will to interact effectively
with people of different cultures, native languages, and socioeconomic backgrounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 136F.302, subdivision 1, is
amended to read:

Subdivision 1.

ACT college ready score.

A state college or university deleted text begin may deleted text end new text begin must new text end not
require an individual to take a remedial, noncredit course in a subject area if the individual
has received a college ready ACT score in that subject area.

Sec. 3.

new text begin [136F.3025] MCA COLLEGE-READY BENCHMARK.
new text end

new text begin When deciding if an individual must take a remedial, noncredit course, a state
college or a university must consider, alongside other relevant factors as determined by
the college or university, whether the individual received a college-ready Minnesota
Comprehensive Assessment benchmark in that subject area, consistent with section
120B.30, subdivision 1, paragraph (m).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and
later.
new text end

ARTICLE 3

MNSCU PILOT PROGRAM; STUDENTS WITH DISABILITIES

Section 1.

Minnesota Statutes 2014, section 136A.101, subdivision 10, is amended to
read:

Subd. 10.

Satisfactory academic progress.

"Satisfactory academic progress"
means satisfactory academic progress as defined under Code of Federal Regulations, title
34, sections 668.16(e), 668.32(f), and 668.34 new text begin , except that a student with an intellectual
disability as defined in Code of Federal Regulations, title 34, section 668.231, enrolled
in an approved comprehensive transition and postsecondary program under that section
is subject to the institution's published satisfactory academic process standards for that
program as approved by the Office of Higher Education new text end .

Sec. 2. new text begin MNSCU PROGRAM FOR STUDENTS WITH INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES; PLAN REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Development of plan required. new text end

new text begin The Board of Trustees of the
Minnesota State Colleges and Universities must develop a plan for offering an academic
program for students with intellectual and developmental disabilities, consistent with the
principles established in subdivisions 2 to 4.
new text end

new text begin Subd. 2. new text end

new text begin Program locations. new text end

new text begin The plan developed must assume the program will be
offered at up to four college or university campuses chosen based on (1) their ability to
offer a robust program using existing facilities and resources and (2) a goal to provide the
program in diverse geographic regions of the state.
new text end

new text begin Subd. 3. new text end

new text begin Enrollment and admission. new text end

new text begin The plan developed must assume an
enrollment goal for each campus's program of at least ten incoming students per academic
year. The plan may allow for students to be admitted based on an application process
that includes an in-person interview; an independent assessment of an applicant's
interest, motivation, and likelihood of success in the program; and any other eligibility
requirements established by the board. Upon successful completion, a student must be
awarded a certificate, diploma, or other appropriate academic credential.
new text end

new text begin Subd. 4. new text end

new text begin Curriculum and activities. new text end

new text begin (a) The plan developed must assume a
program that provides an inclusive, two-year full-time residential college experience
for students with intellectual and developmental disabilities. The required curriculum
must include core courses that develop life skills, financial literacy, and the ability to
live independently; rigorous academic work in a student's chosen field of study; and an
internship, apprenticeship, or other skills-based experience to prepare for meaningful
employment upon completion of the program.
new text end

new text begin (b) In addition to academic requirements, the plan developed must allow
participating students the opportunity to engage fully in campus life. Program activities
must include but are not limited to (1) the establishment of on-campus mentoring and
peer support communities and (2) opportunities for personal growth through leadership
development and other community engagement activities.
new text end

new text begin (c) A participating campus may tailor its program curriculum and activities to
highlight academic programs, student and community life experiences, and employment
opportunities unique to that campus or the region of the state where the campus is located.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin The board must submit a report on the plan required
to be developed by this section to the chairs and ranking minority members of the
committees of the legislature with jurisdiction over higher education finance and policy and
human services finance and policy no later than January 15, 2017. The report must describe
program plans, including strategies for recruitment of applicants, and strategies to address
anticipated program needs that cannot be filled using existing campus or system resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 4

FETAL TISSUE RESEARCH

Section 1.

new text begin [137.45] FETAL TISSUE RESEARCH.
new text end

new text begin Subdivision 1. new text end

new text begin Fetal tissue research center. new text end

new text begin In addition to the purposes designated
in Laws 2015, chapter 69, article 1, section 5, subdivision 2, appropriations in fiscal year
2017 to the Board of Regents to enhance and strengthen the university's medical school
are also designated for the purpose of establishing a fetal tissue research center. The
purpose of the center must be to:
new text end

new text begin (1) provide oversight of all research activities at the university that request the use
of fetal tissue; and
new text end

new text begin (2) ensure compliance with applicable laws and policies governing the ethical
acquisition, sale, handling, and disposal of fetal tissue.
new text end

new text begin The center may only procure fetal tissue for use in research if the tissue is available due
to the natural death of the fetus.
new text end

new text begin Subd. 2. new text end

new text begin Disposal of fetal tissue. new text end

new text begin Disposal of any fetal tissue acquired, or currently
maintained, by the university on or after the effective date of this section must comply
with the requirements of section 145.1621.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin UNIVERSITY OF MINNESOTA FETAL TISSUE RESEARCH;
LEGISLATIVE AUDITOR REVIEW.
new text end

new text begin (a) The legislative auditor is requested to complete a comprehensive review of
the use of fetal tissue in research activities at the University of Minnesota. The review
must include:
new text end

new text begin (1) the total number of research activities in which fetal tissue is currently or has been
previously used, including those that are in progress and those that have been completed;
new text end

new text begin (2) the cost of acquiring fetal tissues for use in research activities, itemized by the
source of funds used for procurement, including funds from federal, state, and other public
sources, and funds derived from student tuition and fees;
new text end

new text begin (3) the extent to which the conduct of the research activities complies with
applicable federal and state laws related to acquisition, sale, handling, and disposition
of human tissues, including fetal tissues;
new text end

new text begin (4) the extent to which the conduct of the research activities complies with
applicable Board of Regents policies and procedures related to acquisition, sale, handling,
and disposition of human tissues, including fetal tissues; and
new text end

new text begin (5) whether applicable Board of Regents policies include provisions to ensure fetal
tissue is used in research activities only when necessary, and to ensure that the research
activities are conducted in an ethical manner, including whether procedures and protocols
for oversight have been implemented to verify compliance with these policies.
new text end

new text begin (b) As used in this section, "research activities" include any academic fetal tissue
research or fetal tissue transplantation research activity or program conducted in a
University of Minnesota facility, or that is supported, directly or indirectly, by University
of Minnesota funds.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
The legislative auditor is requested to complete the review no later than 60 days following
final enactment.
new text end

ARTICLE 5

MONITORING OF PSYCHIATRIC DRUG TRIALS

Section 1.

Minnesota Statutes 2014, section 245.92, is amended to read:

245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
FUNCTION.

The ombudsman for persons receiving services or treatment for mental illness,
developmental disabilities, chemical dependency, or emotional disturbance shall promote
the highest attainable standards of treatment, competence, efficiency, and justice. The
ombudsman may gather information and data about decisions, acts, and other matters of an
agency, facility, or program new text begin , and shall monitor the treatment of individuals participating in
a University of Minnesota Department of Psychiatry clinical drug trial new text end . The ombudsman
is appointed by the governor, serves in the unclassified service, and may be removed only
for just cause. The ombudsman must be selected without regard to political affiliation and
must be a person who has knowledge and experience concerning the treatment, needs,
and rights of clients, and who is highly competent and qualified. No person may serve as
ombudsman while holding another public office.

Sec. 2.

Minnesota Statutes 2014, section 245.94, is amended to read:

245.94 POWERS OF OMBUDSMAN; REVIEWS AND EVALUATIONS;
RECOMMENDATIONS.

Subdivision 1.

Powers.

(a) The ombudsman may prescribe the methods by which
complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
not levy a complaint fee.

(b) The ombudsman may mediate or advocate on behalf of a client.

(c) The ombudsman may investigate the quality of services provided to clients and
determine the extent to which quality assurance mechanisms within state and county
government work to promote the health, safety, and welfare of clients, other than clients
in acute care facilities who are receiving services not paid for by public funds. The
ombudsman is a health oversight agency as defined in Code of Federal Regulations,
title 45, section 164.501.

(d) At the request of a client, or upon receiving a complaint or other information
affording reasonable grounds to believe that the rights of a client who is not capable
of requesting assistance have been adversely affected, the ombudsman may gather
information and data about and analyze, on behalf of the client, the actions of an agency,
facility, or program.

(e) The ombudsman may gather, on behalf of a client, records of an agency, facility,
or program new text begin , or records related to clinical drug trials from the University of Minnesota
Department of Psychiatry, new text end if the records relate to a matter that is within the scope of the
ombudsman's authority. If the records are private and the client is capable of providing
consent, the ombudsman shall first obtain the client's consent. The ombudsman is
not required to obtain consent for access to private data on clients with developmental
disabilities. The ombudsman is not required to obtain consent for access to private data
on decedents who were receiving services for mental illness, developmental disabilities,
or emotional disturbance. All data collected, created, received, or maintained by the
ombudsman are governed by chapter 13 and other applicable law.

(f) Notwithstanding any law to the contrary, the ombudsman may subpoena a person
to appear, give testimony, or produce documents or other evidence that the ombudsman
considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
of an investigation possesses the same privileges that a witness possesses in the courts or
under the law of this state. Data obtained from a person under this paragraph are private
data as defined in section 13.02, subdivision 12.

(g) The ombudsman may, at reasonable times in the course of conducting a review,
enter and view premises within the control of an agency, facility, or program.

(h) The ombudsman may attend Department of Human Services Review Board
and Special Review Board proceedings; proceedings regarding the transfer of patients
or residents, as defined in section 246.50, subdivisions 4 and 4a, between institutions
operated by the Department of Human Services; and, subject to the consent of the affected
client, other proceedings affecting the rights of clients. The ombudsman is not required to
obtain consent to attend meetings or proceedings and have access to private data on clients
with developmental disabilities.

(i) The ombudsman shall gather data of agencies, facilities, or programs classified
as private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding
services provided to clients with developmental disabilities.

(j) To avoid duplication and preserve evidence, the ombudsman shall inform
relevant licensing or regulatory officials before undertaking a review of an action of
the facility or program.

(k) new text begin The ombudsman shall monitor the treatment of individuals participating in
a University of Minnesota Department of Psychiatry clinical drug trial and ensure that
all protections for human subjects required by federal law and the Institutional Review
Board are provided.
new text end

new text begin (l) new text end Sections 245.91 to 245.97 are in addition to other provisions of law under which
any other remedy or right is provided.

Subd. 2.

Matters appropriate for review.

(a) In selecting matters for review by the
office, the ombudsman shall give particular attention to unusual deaths or injuries of a
client or reports of emergency use of manual restraint as identified in section 245D.061,
served by an agency, facility, or program, or actions of an agency, facility, or program that:

(1) may be contrary to law or rule;

(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of
an agency, facility, or program;

(3) may be mistaken in law or arbitrary in the ascertainment of facts;

(4) may be unclear or inadequately explained, when reasons should have been
revealed;

(5) may result in abuse or neglect of a person receiving treatment;

(6) may disregard the rights of a client or other individual served by an agency
or facility;

(7) may impede or promote independence, community integration, and productivity
for clients; or

(8) may impede or improve the monitoring or evaluation of services provided to
clients.

(b) The ombudsman shall, in selecting matters for review and in the course of the
review, avoid duplicating other investigations or regulatory efforts.

new text begin (c) The ombudsman shall give particular attention to the death or unusual injury of
any individual who is participating in a University of Minnesota Department of Psychiatry
clinical drug trial.
new text end

Subd. 2a.

Mandatory reporting.

Within 24 hours after a client suffers death or
serious injury, the agency, facility, deleted text begin or deleted text end program director new text begin , or lead investigator of a clinical
drug trial at the University of Minnesota Department of Psychiatry new text end shall notify the
ombudsman of the death or serious injury. The emergency use of manual restraint must
be reported to the ombudsman as required under section 245D.061, subdivision 8. The
ombudsman is authorized to receive identifying information about a deceased client
according to Code of Federal Regulations, title 42, section 2.15, paragraph (b).

Subd. 3.

Complaints.

new text begin (a) new text end The ombudsman may receive a complaint from any
source concerning an action of an agency, facility, or program. After completing a review,
the ombudsman shall inform the complainant and the agency, facility, or program.
No client may be punished nor may the general condition of the client's treatment be
unfavorably altered as a result of an investigation, a complaint by the client, or by another
person on the client's behalf. An agency, facility, or program shall not retaliate or take
adverse action against a client or other person, who in good faith makes a complaint or
assists in an investigation. The ombudsman may classify as confidential, the identity of a
complainant, upon request of the complainant.

new text begin (b) The ombudsman shall receive a complaint from any source concerning an
action or inaction of the University of Minnesota Department of Psychiatry related
to an individual who is enrolled in a department-approved clinical drug trial. No
individual participating in the trial may be punished, nor may the general condition of
the individual's treatment be unfavorably altered, as a result of an investigation or a
complaint by the individual or the individual's advocate. The university shall not retaliate
or take adverse action against any person who in good faith makes a complaint or assists
in an investigation. The ombudsman may classify the identity of the complainant as
confidential, upon request of the complainant.
new text end

Subd. 4.

Recommendations to agency.

(a) If, after reviewing a complaint or
conducting an investigation and considering the response of an agency, facility, or
program and any other pertinent material, the ombudsman determines that the complaint
has merit or the investigation reveals a problem, the ombudsman may recommend that
the agency, facility, or program:

(1) consider the matter further;

(2) modify or cancel its actions;

(3) alter a rule, order, or internal policy;

(4) explain more fully the action in question; or

(5) take other action.

(b) At the ombudsman's request, the agency, facility, or program shall, within a
reasonable time, inform the ombudsman about the action taken on the recommendation
or the reasons for not complying with it.

new text begin Subd. 5. new text end

new text begin Recommendations to University of Minnesota. new text end

new text begin If, after reviewing a
complaint or conducting an investigation and considering the response of the clinical drug
trial's primary investigator or the Department of Psychiatry, the ombudsman determines
that the complaint has merit or the investigation reveals noncompliance with the federal
protection of human subjects requirements or the requirements of the Institutional Review
Board, the ombudsman shall recommend that the Board of Regents of the University of
Minnesota take corrective action to remedy the violations.
new text end

Sec. 3.

Minnesota Statutes 2014, section 245.945, is amended to read:

245.945 REIMBURSEMENT TO OMBUDSMAN FOR MENTAL HEALTH
AND DEVELOPMENTAL DISABILITIES.

new text begin (a) new text end The commissioner shall obtain federal financial participation for eligible activity
by the ombudsman for mental health and developmental disabilities. The ombudsman
shall maintain and transmit to the Department of Human Services documentation that is
necessary in order to obtain federal funds.

new text begin (b) The Board of Regents of the University of Minnesota shall reimburse the Office
of the Ombudsman for Mental Health and Developmental Disabilities for the oversight
costs incurred in monitoring participants in Department of Psychiatry clinical drug trials.
The ombudsman shall maintain and transmit documentation of costs incurred to the Board
of Regents of the University of Minnesota.
new text end

Sec. 4.

Minnesota Statutes 2014, section 245.95, subdivision 1, is amended to read:

Subdivision 1.

Specific reports.

The ombudsman may send conclusions and
suggestions concerning any matter reviewed to the governor. Before making public a
conclusion or recommendation that expressly or implicitly criticizes an agency, facility,
program, or any person, the ombudsman shall consult with the governor and the agency,
facility, program, or person concerning the conclusion or recommendation. When sending
a conclusion or recommendation to the governor that is adverse to an agency, facility,
program, or any person, the ombudsman shall include any statement of reasonable length
made by that agency, facility, program, or person in defense or mitigation of the office's
conclusion or recommendation. new text begin For purposes of this subdivision, "agency, facility,
program, or any person" includes the University of Minnesota Department of Psychiatry
and its employees working in clinical drug trials.
new text end

Sec. 5.

Minnesota Statutes 2014, section 245.97, subdivision 5, is amended to read:

Subd. 5.

Medical Review Subcommittee.

At least five members of the committee,
including at least three physicians, one of whom is a psychiatrist, must be designated by
the governor to serve as a Medical Review Subcommittee. Terms of service, vacancies,
and compensation are governed by subdivision 2. The governor shall designate one of
the members to serve as chair of the subcommittee. The Medical Review Subcommittee
may have access to private and confidential data collected or created by the ombudsman
that are necessary to fulfill the duties of the Medical Review Subcommittee under this
section and may:

(1) make a preliminary determination of whether the death of a client that has been
brought to its attention is unusual or reasonably appears to have resulted from causes other
than natural causes and warrants investigation;

(2) review the causes of and circumstances surrounding the death;

(3) request the county coroner or medical examiner to conduct an autopsy;

(4) assist an agency in its investigations of unusual deaths and deaths from causes
other than natural causes; deleted text begin and
deleted text end

(5) new text begin make a preliminary determination of whether the death of a participant in a
clinical drug trial conducted by the University of Minnesota Department of Psychiatry
appears to have resulted from causes other than natural causes and warrants investigation
and reporting as required by federal laws on the protection of human subjects; and
new text end

new text begin (6) new text end submit a report regarding the death of a client to the committee, the ombudsman,
the client's next-of-kin, and the facility where the death occurred and, where appropriate,
make recommendations to prevent recurrence of similar deaths to the head of each affected
agency or facility new text begin , or the Board of Regents of the University of Minnesota new text end .

ARTICLE 6

COLLEGIATE RECOVERY PROGRAM

Section 1.

new text begin [137.175] ROCHESTER CAMPUS; COLLEGIATE RECOVERY
PROGRAM.
new text end

new text begin (a) The Board of Regents is requested to establish a collegiate recovery program
on its Rochester campus. The purpose of the program must be to provide structured
support for students in recovery from alcohol or chemical addiction or other addictive
behaviors. Program activities may include, but are not limited to, specialized professional
support through academic, career, and financial advising; establishment of on-campus or
residential peer support communities; and opportunities for personal growth through
leadership development and other community engagement activities.
new text end

new text begin (b) No later than January 1, 2020, the Board of Regents must submit a report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
higher education finance and policy on campus recovery program outcomes, if the program
is established. Based on available data, the report must describe, in summary form, the
number of students participating in the program and the success rate of participants,
including retention and graduation rates and long-term recovery and relapse rates.
new text end

Sec. 2.

Laws 2015, chapter 69, article 1, section 5, subdivision 2, is amended to read:

Subd. 2. Operations and Maintenance

559,111,000

559,111,000

This appropriation includes funding for
operation and maintenance of the system. Of
the amount appropriated in this subdivision:

$11,100,000 in fiscal year 2016 and
$11,100,000 in fiscal year 2017 are to
minimize any increase in a student's cost
of attendance; for research to solve the
challenges facing our state, nation, and
world; to educate a diverse population of
Minnesotans from every community who
show the greatest promise; and for public
service that builds lasting partnerships with
communities across the state to address our
most complex and pressing issues. The
Board of Regents is requested to:

(1) maintain a low cost of mission and
advance operational excellence;

(2) increase the diversity of the university's
students, faculty, and staff; and

(3) strengthen the university's relationships
with the agriculture industry and the
communities of greater Minnesota.

$15,000,000 in fiscal year 2016 and
$15,000,000 in fiscal year 2017 are to:

(1) increase the medical school's research
capacity;

(2) improve the medical school's ranking in
National Institutes of Health funding;

(3) ensure the medical school's national
prominence by attracting and retaining
world-class faculty, staff, and students;

(4) invest in physician training programs in
rural and underserved communities; and

(5) translate the medical school's research
discoveries into new treatments and cures to
improve the health of Minnesotans.

The Board of Regents is requested to
consider hiring additional faculty to conduct
research related to regenerative medicine.

new text begin $257,200 in fiscal year 2017 is for design
and implementation of a collegiate recovery
program on the University of Minnesota,
Rochester campus consistent with Minnesota
Statutes, section 137.175. This is a onetime
appropriation and is available until June
30, 2019. Beginning in fiscal year 2020,
$179,000 is added to the base to support
operation and growth of the program.
new text end

Five percent of the fiscal year 2017
appropriation specified in this subdivision
is available according to the schedule in
clauses (1) to (5) in fiscal year 2017 when
the Board of Regents of the University of
Minnesota demonstrates to the commissioner
of management and budget that the board
has met the following specified number of
performance goals:

(1) 100 percent if the board meets three, four,
or five goals;

(2) 67 percent if two of the goals are met;

(3) 33 percent if one of the goals are met; and

(4) zero percent if none of the goals are met.

The performance goals are:

(1) increase by at least one percent
the four-year, five-year, or six-year
undergraduate graduation rates, averaged
over three years, for students of color
systemwide at the University of Minnesota
reported in fall 2016 over fall 2014. The
average rate for fall 2014 is calculated with
the graduation rates reported in fall 2012,
2013, and 2014;

(2) increase by at least two percent the
total number of undergraduate STEM
degrees, averaged over three years, conferred
systemwide by the University of Minnesota
reported in fiscal year 2016 over fiscal year
2014. The averaged number for fiscal year
2014 is calculated with the fiscal year 2012,
2013, and 2014 numbers;

(3) increase by at least one percent the
four-year undergraduate graduation rate at
the University of Minnesota reported in fall
2016 over fall 2014. The average rate for
fall 2014 is calculated with the graduation
rates reported in fall 2012, 2013, and 2014.
The averaged number for fiscal year 2014 is
calculated with the fiscal year 2012, 2013,
and 2014 numbers;

(4) for fiscal year 2016, reallocate
$15,000,000 of administrative costs. The
Board of Regents is requested to redirect
those funds to invest in direct mission
activities, stem growth in cost of attendance,
and to programs that benefit students; and

(5) increase licensing disclosures by three
percent for fiscal year 2016 over fiscal year
2015.

By August 1, 2015, the Board of Regents and
the Office of Higher Education must agree on
specific numerical indicators and definitions
for each of the five goals that will be used to
demonstrate the University of Minnesota's
attainment of each goal. On or before April
1, 2016, the Board of Regents must report
to the legislative committees with primary
jurisdiction over higher education finance
and policy the progress of the University of
Minnesota toward attaining the goals. The
appropriation base for the next biennium shall
include appropriations not made available
under this subdivision for failure to meet
performance goals. All of the appropriation
that is not available due to failure to meet
performance goals is appropriated to the
commissioner of the Office of Higher
Education for fiscal year 2017 for the purpose
of the state grant program under Minnesota
Statutes, section 136A.121.

Performance metrics are intended to facilitate
progress towards the attainment goal under
Minnesota Statutes, section 135A.012.

new text begin Beginning in fiscal year 2018, the operations
and maintenance base appropriation is
$559,111,000.
new text end