HF 4395

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 04:35pm

A bill for an act
relating to higher education; prohibiting postsecondary institutions from considering
certain criminal records during the application process; providing that postsecondary
education participation satisfies employment requirements for persons on postprison
supervised release; suspending student loan payments for incarcerated borrowers;
modifying the commissioner of corrections' authority relating to prison education
partnerships in certain instances; repealing the prohibition on the commissioner
of corrections paying for college costs of certain inmates; proposing coding for
new law in Minnesota Statutes, chapters 135A; 136A; 241; 244; repealing
Minnesota Statutes 2022, sections 241.265; 609B.311.

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

Section 1.

new text begin [135A.062] CONSIDERATION OF CRIMINAL RECORDS LIMITED.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to postsecondary institutions as defined
in section 135A.133, subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Consideration of criminal records limited. new text end

new text begin A postsecondary institution may
not inquire into, consider, or require disclosure of the criminal record or criminal history
of an applicant for admission. After a postsecondary institution has made a conditional offer
of acceptance, the postsecondary institution may inquire into, consider, or require disclosure
of a conviction for a violent felony or sexual assault. The postsecondary institution must
provide the applicant with an opportunity to submit an explanatory statement, letters of
recommendation, evidence of rehabilitation, and any other supporting documents. A
postsecondary institution that rescinds a conditional offer of admission must:
new text end

new text begin (1) provide an explanation of the basis for the decision to rescind the conditional offer;
and
new text end

new text begin (2) provide the applicant with an opportunity to appeal the decision to rescind.
new text end

Sec. 2.

new text begin [135A.133] TRANSCRIPT ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Debt" means any money, obligation, claim, or sum due or owed, or alleged to be
due or owed, from a student that appears on the student account. Debt does not include the
fee, if any, charged to all students for the actual costs of providing transcripts.
new text end

new text begin (c) "Postsecondary institution" means any public institution governed by the Board of
Trustees of the Minnesota State Colleges and Universities, private postsecondary educational
institution as defined under section 136A.62 or 136A.821, or public or private entity
responsible for providing transcripts to current or former students of an educational
institution. Institutions governed by the Board of Regents of the University of Minnesota
are requested to comply with this section.
new text end

new text begin (d) "Transcript" means the statement of an individual's academic record, including an
official transcript or the certified statement of an individual's academic record provided by
a postsecondary institution and an unofficial transcript or the uncertified statement of an
individual's academic record provided by a postsecondary institution.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited practices. new text end

new text begin A postsecondary institution must not:
new text end

new text begin (1) refuse to provide a transcript to a person incarcerated at a Minnesota correctional
facility;
new text end

new text begin (2) refuse to provide a transcript for a current or former student because the student owes
a debt to the postsecondary institution if:
new text end

new text begin (i) the debt owed is less than $250;
new text end

new text begin (ii) the student has entered into and, as determined by the postsecondary institution, is
in compliance with a payment plan with the postsecondary institution;
new text end

new text begin (iii) the transcript request is made by a prospective employer for the student; or
new text end

new text begin (iv) the postsecondary institution has sent the debt for repayment to the Department of
Revenue or to a collection agency, as defined in section 332.31, subdivision 3, external to
the postsecondary institution; or
new text end

new text begin (3) charge an additional or a higher fee for obtaining a transcript or provide less favorable
treatment of a transcript request because a student owes a debt to the originating
postsecondary institution.
new text end

new text begin Subd. 3. new text end

new text begin Institutional policy. new text end

new text begin (a) Postsecondary institutions that use transcript issuance
as a tool for debt collection must have a policy accessible to students that outlines how the
postsecondary institution collects on debts owed to the institution.
new text end

new text begin (b) Postsecondary institutions shall seek to use transcript issuance as a tool for debt
collection for the fewest number of cases possible.
new text end

Sec. 3.

new text begin [136A.786] INCARCERATED STUDENT AID BORROWERS.
new text end

new text begin The commissioner of corrections shall relay to the commissioner of higher education
the inmates who have self-identified as federal student aid borrowers. The commissioner
of higher education shall assist inmates in enrolling in a federal income-driven repayment
plan in which there are no monthly payments or accrual of interest for borrowers with
earnings below the federal poverty guidelines.
new text end

Sec. 4.

new text begin [241.267] PRISON EDUCATION PARTNERSHIPS.
new text end

new text begin The commissioner may not enter into an agreement or establish a prison education
partnership with a higher education institution that:
new text end

new text begin (1) is organized as a private for-profit postsecondary institution as described in section
136A.62, subdivision 3, clause (2), item (ii); or
new text end

new text begin (2) charges incarcerated students a higher per-credit rate than the rate for nonincarcerated
students.
new text end

Sec. 5.

new text begin [244.60] SUPERVISED RELEASE EMPLOYMENT REQUIREMENT;
POSTSECONDARY EDUCATION.
new text end

new text begin If the commissioner of corrections imposes a requirement on a person placed on
supervised release that the person work or be employed, the commissioner shall provide
that enrollment and participation in postsecondary education satisfies this requirement.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 241.265; and 609B.311, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06854

241.265 HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.

The commissioner may not pay for a college education program beyond the associate of arts degree level for an inmate convicted of first- or second-degree murder. The commissioner of corrections may only pay for an associate of arts college education program for an inmate convicted of first or second degree murder if the inmate's participation in the program does not increase the cost of the program to the institution.

609B.311 MURDER CONVICTION; HIGHER EDUCATION PAYMENTS FOR PRISON INMATES LIMITED.

Section 241.265 prohibits the commissioner of corrections from paying for certain higher education programs for an inmate convicted of first- or second-degree murder.