HF 707

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; appropriating money for 
  1.3             post-secondary education and related purposes to the 
  1.4             higher education coordinating board, Minnesota state 
  1.5             colleges and universities, University of Minnesota, 
  1.6             and the Mayo medical foundation, with certain 
  1.7             conditions; transferring administration of summer 
  1.8             scholarship program; providing standards for teacher 
  1.9             licensure; clarifying cost of attendance for student 
  1.10            grants; establishing early retirement for Minnesota 
  1.11            state colleges and universities employees; amending 
  1.12            Minnesota Statutes 1994, sections 126.56, subdivisions 
  1.13            4a, 5, and 7; and 136A.121, subdivision 6; proposing 
  1.14            coding for new law in Minnesota Statutes, chapter 
  1.15            135A; repealing Laws 1993, First Special Session 
  1.16            chapter 2, article 1, section 9, subdivision 6. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18  Section 1.  HIGHER EDUCATION APPROPRIATIONS 
  1.19     The sums in the columns marked "APPROPRIATIONS" are 
  1.20  appropriated from the general fund, or other named fund, to the 
  1.21  agencies and for the purposes specified in this chapter.  The 
  1.22  listing of an amount under the figure "1996" or "1997" in this 
  1.23  chapter indicates that the amount is appropriated to be 
  1.24  available for the fiscal year ending June 30, 1996, or June 30, 
  1.25  1997, respectively.  "The first year" is fiscal year 1996.  "The 
  1.26  second year" is fiscal year 1997.  "The biennium" is fiscal 
  1.27  years 1996 and 1997. 
  1.28                          SUMMARY BY FUND
  1.29                            1996          1997           TOTAL
  1.30  General            $1,050,226,000 $1,069,160,000 $2,119,386,000
  1.31  Health Care Access Fund 
  2.1                           3,154,000      3,284,000      6,438,000
  2.2                    SUMMARY BY AGENCY - ALL FUNDS
  2.3                             1996          1997           TOTAL
  2.4   Higher Education Coordinating Board
  2.5                         121,724,000    123,709,000    245,433,000
  2.6   Minnesota State Colleges and Universities
  2.7                         452,792,000    452,251,000    905,043,000
  2.8   Board of Regents of the University of Minnesota
  2.9                         478,039,000    495,659,000    973,698,000
  2.10  Mayo Medical Foundation
  2.11                            825,000        825,000      1,650,000
  2.12                                             APPROPRIATIONS 
  2.13                                         Available for the Year 
  2.14                                             Ending June 30 
  2.15                                            1996         1997 
  2.16  Sec. 2.  HIGHER EDUCATION
  2.17  COORDINATING BOARD
  2.18  Subdivision 1.  Total
  2.19  Appropriation                        121,724,000    123,709,000
  2.20  The amounts that may be spent from this 
  2.21  appropriation for each purpose are 
  2.22  specified in the following subdivisions.
  2.23  Subd. 2.  Agency Administration
  2.24       3,106,000      3,106,000
  2.25  The appropriation includes money to 
  2.26  administer the post service benefit 
  2.27  accounts for the youth works program. 
  2.28  Subd. 3.  State Grants
  2.29       99,515,000      101,370,000
  2.30  If the appropriation in this 
  2.31  subdivision for either year is 
  2.32  insufficient, the appropriation for the 
  2.33  other year is available for it.  
  2.34  This appropriation includes $235,000 in 
  2.35  the first year and $250,000 in the 
  2.36  second year for the summer scholarships 
  2.37  for academic enrichment program. 
  2.38  This appropriation includes $60,000 in 
  2.39  the second year to fund the estimated 
  2.40  costs of the federal student loan risk 
  2.41  sharing fee.  This appropriation is 
  2.42  nonrecurring.  The higher education 
  2.43  coordinating board shall begin billing 
  2.44  in fiscal year 1997 the institutions 
  2.45  that have a cohort loan default rate 
  2.46  greater than 20 percent so that future 
  2.47  risk sharing fees can be recovered from 
  2.48  the institutions responsible for 
  2.49  generating these federal charges. 
  3.1   This appropriation includes $96,630,000 
  3.2   in the first year and $98,410,000 in 
  3.3   the second year for the Minnesota state 
  3.4   grant program.  
  3.5   The cost of attendance used to 
  3.6   calculate state grant awards shall 
  3.7   include a living and miscellaneous 
  3.8   expense allowance of $4,238 each year.  
  3.9   This appropriation includes money 
  3.10  sufficient to support an increase of 
  3.11  three percent per year in the tuition 
  3.12  and fees portion of the cost of 
  3.13  attendance for students attending 
  3.14  public post-secondary institutions.  If 
  3.15  either public post-secondary system 
  3.16  increases tuition and fees by more than 
  3.17  three percent in either year, the board 
  3.18  shall assess that system for the 
  3.19  resulting additional costs to the state 
  3.20  grant program not provided for in this 
  3.21  appropriation. 
  3.22  The maximum state grant award in each 
  3.23  year for students attending a private 
  3.24  four-year institution shall be $5,889.  
  3.25  The maximum state grant award in each 
  3.26  year for students attending a private 
  3.27  two-year institution shall be $5,007. 
  3.28  The governor intends that the higher 
  3.29  education coordinating board make full 
  3.30  grant awards in each year of the 
  3.31  biennium.  
  3.32  Subd. 4.  Interstate Tuition
  3.33  Reciprocity
  3.34       4,500,000      4,500,000
  3.35  If the appropriation in this 
  3.36  subdivision for either year is 
  3.37  insufficient, the appropriation for the 
  3.38  other year is available to meet 
  3.39  reciprocity contract obligations. 
  3.40  Subd. 5.  State Work Study
  3.41       8,219,000      8,219,000
  3.42  Subd. 6.  Minitex Library Program
  3.43       2,108,000      2,108,000
  3.44  Subd. 7.  Learning Network of Minnesota
  3.45       3,050,000      3,050,000 
  3.46  Subd. 8.  Miscellaneous Grants
  3.47         679,000        679,000
  3.48  This appropriation includes $250,000 in 
  3.49  each year from the health care access 
  3.50  fund for the following grants:  rural 
  3.51  clinical sites for nurse practitioner 
  3.52  education grants, and grants to retain 
  3.53  persons of color in nursing programs. 
  3.54  This appropriation includes $429,000 in 
  4.1   each year from the general fund for the 
  4.2   following programs:  $118,000 in each 
  4.3   year for violence and abuse prevention 
  4.4   grants; $196,000 in each year for 
  4.5   violence and abuse collaboration 
  4.6   grants; $115,000 in each year for youth 
  4.7   service learning grants. 
  4.8   Subd. 9.  Balances Forward 
  4.9   An unencumbered balance in the first 
  4.10  year under a subdivision in this 
  4.11  section does not cancel but is 
  4.12  available for the second year. 
  4.13  Subd. 10.  Transfers 
  4.14  The higher education coordinating board 
  4.15  may transfer unencumbered balances from 
  4.16  the appropriations in this section to 
  4.17  the state grant appropriation and the 
  4.18  interstate tuition reciprocity 
  4.19  appropriation. 
  4.20  Sec. 3.  MINNESOTA STATE COLLEGES 
  4.21  AND UNIVERSITIES 
  4.22  Subdivision 1.  Total
  4.23  Appropriation                       452,792,000    452,251,000
  4.24  The amounts that may be spent from this 
  4.25  appropriation for each purpose are 
  4.26  specified in the following subdivisions.
  4.27  Subd. 2.  Instructional Programs 
  4.28  This appropriation includes 
  4.29  $415,470,000 in the first year and 
  4.30  $415,223,000 in the second year for 
  4.31  instructional programs.  Of these 
  4.32  amounts, $500,000 is to be used for 
  4.33  curriculum development and program 
  4.34  planning to adjust state university 
  4.35  teacher education programs to prepare 
  4.36  prospective K-12 teachers to meet new 
  4.37  licensing standards beginning in fiscal 
  4.38  year 1999.  
  4.39  This appropriation includes money to 
  4.40  provide technical instruction to 
  4.41  participants in regional youth 
  4.42  apprenticeship programs.  The governing 
  4.43  board of Minnesota state colleges and 
  4.44  universities shall reserve up to $2,000 
  4.45  per participant for these purposes.  
  4.46  Regional sponsors of youth 
  4.47  apprenticeship programs are entitled to 
  4.48  these funds and may use them to 
  4.49  negotiate training at campuses or sites 
  4.50  operated by the Minnesota state 
  4.51  colleges and universities.  If a 
  4.52  regional sponsor cannot reach agreement 
  4.53  with Minnesota state colleges and 
  4.54  universities on the delivery of 
  4.55  training, Minnesota state colleges and 
  4.56  universities must pay the entitled 
  4.57  amount to the regional sponsor. 
  4.58  The governor recommends that annual 
  4.59  tuition and fee increases for resident 
  4.60  undergraduate students be limited to 
  5.1   three percent.  The governing board of 
  5.2   state colleges and universities shall 
  5.3   be responsible for paying any 
  5.4   additional costs to the state grant 
  5.5   program that result from annual tuition 
  5.6   and fee increases exceeding the three 
  5.7   percent threshold. 
  5.8   Subd. 3.  Noninstructional Programs 
  5.9   This appropriation includes $37,223,000 
  5.10  in the first year and $36,929,000 in 
  5.11  the second year for noninstructional 
  5.12  programs. 
  5.13  This appropriation includes funding for 
  5.14  the state council on vocational 
  5.15  education. 
  5.16  Sec. 4.  BOARD OF REGENTS OF THE 
  5.17  UNIVERSITY OF MINNESOTA 
  5.18  Subdivision 1.  Total
  5.19  Appropriation                        478,039,000    495,659,000
  5.20  The amounts that may be spent from this 
  5.21  appropriation for each purpose are 
  5.22  specified in the following subdivisions.
  5.23  Subd. 2.  Operations and
  5.24  Maintenance                          475,682,000    493,302,000
  5.25  (a) Instructional Programs 
  5.26  This appropriation includes 
  5.27  $279,614,000 in the first year and 
  5.28  $289,793,000 in the second year for 
  5.29  instructional programs.  Of these 
  5.30  amounts, $500,000 is to be used for 
  5.31  curriculum development and program 
  5.32  planning to adjust university teacher 
  5.33  education programs to prepare 
  5.34  prospective K-12 teachers to meet new 
  5.35  licensing standards beginning in fiscal 
  5.36  year 1999. 
  5.37  This appropriation includes one-time 
  5.38  money of $10,452,000 in the first year 
  5.39  and $20,630,000 in the second year to 
  5.40  leverage investments in student 
  5.41  services and instructional programs, 
  5.42  equipment, and facilities.  The 
  5.43  university shall report on its use of 
  5.44  these one-time appropriations in its 
  5.45  1998-1999 biennial budget document. 
  5.46  The governor recommends that annual 
  5.47  tuition and fee increases for 
  5.48  university resident undergraduate 
  5.49  students be limited to three percent.  
  5.50  The university shall be responsible for 
  5.51  paying any additional costs to the 
  5.52  state grant program that result from 
  5.53  annual tuition and fee increases 
  5.54  exceeding the three percent threshold. 
  5.55  (b) Noninstructional Programs 
  5.56  This appropriation includes 
  5.57  $196,068,000 in the first year and 
  5.58  $203,509,000 in the second year for 
  6.1   noninstructional primary programs, 
  6.2   including primary program activities 
  6.3   formerly supported through the four 
  6.4   university special appropriations. 
  6.5   This appropriation includes money to 
  6.6   improve the programs and resources 
  6.7   available to women and to ensure that 
  6.8   campuses are in compliance with Title 
  6.9   IX of the Education Amendments of 1972 
  6.10  and Minnesota Statutes, section 126.21. 
  6.11  This appropriation includes one-time 
  6.12  money of $7,639,000 in the first year 
  6.13  and $15,080,000 in the second year for 
  6.14  investments in research programs, 
  6.15  equipment, and facilities.  $500,000 of 
  6.16  the one-time appropriations in each 
  6.17  year is for continued research on wheat 
  6.18  and barley scab crop disease.  The 
  6.19  university shall report on its use of 
  6.20  these one-time appropriations in its 
  6.21  1998-1999 biennial budget submission. 
  6.22  Sec. 5.  MAYO MEDICAL FOUNDATION 
  6.23  Subdivision 1.  Total
  6.24  Appropriation                            825,000        825,000
  6.25  The amounts that may be spent from this 
  6.26  appropriation for each purpose are 
  6.27  specified in the following subdivisions.
  6.28  Subd. 2.  Medical School
  6.29         429,000        429,000
  6.30  The state of Minnesota shall pay a 
  6.31  capitation of $10,736 in each year for 
  6.32  each medical school student who is a 
  6.33  resident of Minnesota.  The 
  6.34  appropriation may be transferred 
  6.35  between years of the biennium to 
  6.36  accommodate enrollment fluctuations. 
  6.37  Subd. 3.  Family Practice and
  6.38  Graduate Residency Program
  6.39         396,000        396,000
  6.40  The state of Minnesota provides a 
  6.41  capitation of $13,192 in each year for 
  6.42  each family medicine resident. 
  6.43  Sec. 6.  POST-SECONDARY SYSTEMS 
  6.44  Each post-secondary system shall spend 
  6.45  no less on libraries and instructional 
  6.46  equipment than it spent in the previous 
  6.47  biennium. 
  6.48     Sec. 7.  Minnesota Statutes 1994, section 126.56, 
  6.49  subdivision 4a, is amended to read: 
  6.50     Subd. 4a.  [ELIGIBLE PROGRAMS.] A scholarship may be used 
  6.51  only for an eligible program.  To be eligible, a program must: 
  6.52     (1) provide, as its primary purpose, academic instruction 
  7.1   for student enrichment in curricular areas including, but not 
  7.2   limited to, communications, humanities, social studies, social 
  7.3   science, science, mathematics, art, or foreign languages; 
  7.4      (2) not be offered for credit to post-secondary students; 
  7.5      (3) not provide remedial instruction; and 
  7.6      (4) meet any other program requirements established by the 
  7.7   state board of education and the higher education coordinating 
  7.8   board; and 
  7.9      (5) be approved by the commissioner.  
  7.10     Sec. 8.  Minnesota Statutes 1994, section 126.56, 
  7.11  subdivision 5, is amended to read: 
  7.12     Subd. 5.  [ADVISORY COMMITTEE.] An advisory committee shall 
  7.13  assist the state board of education higher education 
  7.14  coordinating board in approving eligible programs, and shall 
  7.15  assist the higher education coordinating board in planning, 
  7.16  implementing, and evaluating the scholarship program.  The 
  7.17  committee shall consist of 11 members, to include the executive 
  7.18  director of the higher education coordinating board or a 
  7.19  representative, the commissioner of education or a 
  7.20  representative, two secondary school administrators and two 
  7.21  secondary teachers appointed by the commissioner of education, 
  7.22  the executive director of the academic excellence foundation, a 
  7.23  private college representative appointed by the president of the 
  7.24  Minnesota private college council, a community college 
  7.25  representative appointed by the community college chancellor, 
  7.26  and a state university representative appointed by the state 
  7.27  university chancellor of the Minnesota state colleges and 
  7.28  universities, and a University of Minnesota representative 
  7.29  appointed by the president of the University of Minnesota.  The 
  7.30  committee expires June 30, 1995 1997. 
  7.31     Sec. 9.  Minnesota Statutes 1994, section 126.56, 
  7.32  subdivision 7, is amended to read: 
  7.33     Subd. 7.  [ADMINISTRATION.] The higher education 
  7.34  coordinating board and commissioner shall determine the time and 
  7.35  manner for scholarship applications, awards, and program 
  7.36  approval. 
  8.1      Sec. 10.  [135A.113] [TEACHER EDUCATION PROGRAMS.] 
  8.2      The University of Minnesota and the Minnesota state 
  8.3   colleges and universities shall adapt and redesign teacher 
  8.4   education programs to prepare all potential elementary and 
  8.5   secondary teachers to meet new teacher licensure requirements.  
  8.6   By 1999, all graduates of teacher education programs at the 
  8.7   University of Minnesota and Minnesota state universities shall 
  8.8   be prepared to meet the following standards: 
  8.9      (a) For graduates seeking elementary or secondary licensure:
  8.10     (1) knowledge of the philosophy and contents of Minnesota's 
  8.11  graduation standards; 
  8.12     (2) at least a B average in coursework required for 
  8.13  graduation; 
  8.14     (3) at least a B average in English composition including 
  8.15  demonstration of writing skills traditionally associated with 
  8.16  completion of at least one additional year of composition or 
  8.17  technical writing beyond the general requirement for a bachelor 
  8.18  of arts degree; and 
  8.19     (4) knowledge of and practice in using current software and 
  8.20  other technology for improving student learning. 
  8.21     (b) For graduates seeking secondary licensure: 
  8.22     (1) a major with at least a B average in the academic 
  8.23  disciplines the student is seeking certification to teach; 
  8.24     (2) demonstration of skills in teaching and evaluating 
  8.25  reading, including technical reading if appropriate, using the 
  8.26  academic discipline for which certification is sought; 
  8.27     (3) demonstration of skills in the teaching and evaluating 
  8.28  of communication, including technical writing if appropriate, 
  8.29  using the academic discipline for which certification is sought; 
  8.30  and 
  8.31     (4) an evaluation of prospective teachers' internship 
  8.32  performance that includes an evaluation of their ability to use 
  8.33  their chosen academic field as a medium for developing students' 
  8.34  general reading, writing, and speaking skills. 
  8.35     (c) For graduates seeking elementary teacher licensure: 
  8.36     (1) completion of the following areas of coursework with at 
  9.1   least an overall B average: 
  9.2      (i) college level math or computer science (eight quarter 
  9.3   credits); 
  9.4      (ii) college level natural sciences (eight quarter 
  9.5   credits); 
  9.6      (iii) American history and/or political science (12 quarter 
  9.7   credits); 
  9.8      (iv) western civilization, humanities, arts, or literature 
  9.9   (12 quarter credits); 
  9.10     (v) nonwestern civilization, humanities, arts, or 
  9.11  literature (12 quarter credits); 
  9.12     (2) demonstration of skills in teaching and evaluating 
  9.13  reading; 
  9.14     (3) demonstration of skills in teaching and evaluating 
  9.15  writing; 
  9.16     (4) demonstration of skills in teaching and evaluating 
  9.17  mathematics; and 
  9.18     (5) an evaluation of prospective teachers' performance in 
  9.19  their internship that includes an evaluation of their use of a 
  9.20  variety of subject areas as the foundation for developing 
  9.21  students' general communication skills. 
  9.22     Sec. 11.  Minnesota Statutes 1994, section 136A.121, 
  9.23  subdivision 6, is amended to read: 
  9.24     Subd. 6.  [COST OF ATTENDANCE.] (a) The cost of 
  9.25  attendance for students attending public post-secondary 
  9.26  institutions consists of allowances specified by the board an 
  9.27  allowance for room and board and miscellaneous expenses, and 
  9.28     (1) for public institutions, tuition and fees charged by 
  9.29  the institution; or. 
  9.30     (2) for private institutions, an allowance for tuition and 
  9.31  fees equal to the lesser of the actual tuition and fees charged 
  9.32  by the institution, or the instructional costs per full-year 
  9.33  equivalent student in comparable public institutions.  
  9.34     (b) For the purpose of paragraph (a), clause (2), 
  9.35  "comparable public institutions" to both two- and four-year, 
  9.36  private, residential, liberal arts, degree-granting colleges and 
 10.1   universities must be the same. 
 10.2      (b) The cost of attendance for students attending private 
 10.3   institutions consists of the lesser of (1) an allowance for room 
 10.4   and board and miscellaneous expenses and tuition and fees 
 10.5   charged by the institution, or (2) twice the amount of the 
 10.6   maximum award for private two-year or private four-year 
 10.7   institutions as prescribed by law. 
 10.8      (c) For a student attending less than full time, the board 
 10.9   shall prorate the cost of attendance to the actual number of 
 10.10  credits for which the student is enrolled. 
 10.11     (d) The maximum award for private two-year institutions 
 10.12  shall not exceed the sum of the average total state taxpayer 
 10.13  support received by public two-year institutions for Minnesota 
 10.14  resident students and the maximum state grant award for which a 
 10.15  student attending a public two-year institution is eligible.  
 10.16  The maximum award for private four-year institutions shall not 
 10.17  exceed the sum of the average total state taxpayer support 
 10.18  received by public four-year institutions for Minnesota resident 
 10.19  undergraduate students and the maximum state grant award for 
 10.20  which a student attending a public four-year institution is 
 10.21  eligible. 
 10.22     Sec. 12.  [EARLY RETIREMENT FOR MINNESOTA STATE COLLEGE AND 
 10.23  UNIVERSITY EMPLOYEES.] 
 10.24     Subdivision 1.  [COMBINED AGE AND SERVICE REQUIREMENT.] Any 
 10.25  employee of the Minnesota state colleges and universities who is 
 10.26  also a member of a retirement plan established under Minnesota 
 10.27  Statutes, chapter 352, 353, 354, 354A, or 422A, who by September 
 10.28  30, 1997, has attained the age of at least 55 years and whose 
 10.29  attained age plus accredited allowable service totals at least 
 10.30  85, upon approval of the chancellor of the Minnesota state 
 10.31  colleges and universities, a valid application, and termination 
 10.32  of service after June 30, 1995, and prior to October 1, 1997, is 
 10.33  entitled to the normal retirement annuity provided in these 
 10.34  chapters without any reduction in annuity by reason of the early 
 10.35  retirement. 
 10.36     Subd. 2.  [CONDITIONS.] The governing board of the 
 11.1   Minnesota state colleges and universities shall establish and 
 11.2   prescribe procedures for application, review, and approval of 
 11.3   retirements by the chancellor under this section.  The 
 11.4   chancellor shall determine whether an early retirement provision 
 11.5   in this section is allowed and shall give written notice of 
 11.6   approval or denial to an employee submitting an application and 
 11.7   to the retirement fund under which the employee is covered.  
 11.8   Items to be considered in making this determination shall 
 11.9   include, but not be limited to, the projected net savings to the 
 11.10  employer expected from the early retirement, potential impacts 
 11.11  on operations and service delivery, potential efficiency gains, 
 11.12  and other benefits. 
 11.13     Subd. 3.  [COST.] The full actuarial cost of the early 
 11.14  retirement incentive in this section is the responsibility of 
 11.15  the Minnesota state colleges and universities.  For each 
 11.16  retirement under this section, the chancellor shall pay to the 
 11.17  retirement fund the total amount of the difference between the 
 11.18  actual transfer to be made for postretirement reserves and the 
 11.19  transfer that would have been required without the incentive for 
 11.20  the same retirement date, and investment earnings on this amount 
 11.21  for the period between transfer and receipt of payment by the 
 11.22  fund from the Minnesota state colleges and universities. 
 11.23     Subd. 4.  [REPORTS.] By February 1, 1998, the chancellor 
 11.24  for the Minnesota state colleges and universities shall prepare 
 11.25  and submit a report to the governor, the chair of the 
 11.26  legislative commission on pensions and retirements, and the 
 11.27  commissioner of finance describing the agency's experience under 
 11.28  the incentive offered in this section.  The report shall 
 11.29  include, but not be limited to, the following information: 
 11.30     (1) the number of applicants for retirement under this 
 11.31  section; 
 11.32     (2) the number of applications approved by both the 
 11.33  chancellor and the affected retirement funds; 
 11.34     (3) statistics on the age, years of service, and salary at 
 11.35  time of retirement for those retiring under this section, broken 
 11.36  down by bargaining unit; 
 12.1      (4) total costs for postretirement transfer differences 
 12.2   under subdivision 3, and the net projected savings from all 
 12.3   early retirements, with an explanation of the methodology by 
 12.4   which and the time horizon over which the projection was made; 
 12.5   and 
 12.6      (5) an overall assessment of the agency's experience under 
 12.7   the incentive, including any fiscal, structural, operational, or 
 12.8   service impacts that the chancellor considers of interest to 
 12.9   policymakers. 
 12.10     Sec. 13.  [INSTRUCTIONS TO REVISOR.] 
 12.11     The revisor of statutes is directed to renumber Minnesota 
 12.12  Statutes, section 126.56 to an appropriate place in Minnesota 
 12.13  Statutes, chapter 136A in the 1995 Minnesota Statutes Supplement.
 12.14     Sec. 14.  [REPEALER.] 
 12.15     Laws 1993, First Special Session chapter 2, article 1, 
 12.16  section 9, subdivision 6, is repealed.