1.1 	A bill for an act
1.2 	relating to education; expanding the postsecondary enrollment options program; 
1.3 	amending Minnesota Statutes 2010, sections 124D.09, subdivisions 3, 9, 12, 24, 
1.4 	by adding a subdivision; 135A.101, subdivision 1; Minnesota Statutes 2011 
1.5 	Supplement, section 124D.09, subdivision 5; repealing Minnesota Statutes 2010, 
1.6 	section 124D.09, subdivision 23.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2010, section 124D.09, subdivision 3, is amended to 
1.9 	read:
1.10 		Subd. 3.Definitions. For purposes of this section, the following terms have the 
1.11 	meanings given to them.
1.12 	(a) "Eligible institution" means a Minnesota public postsecondary institution, 
1.13 	an intermediate school district, a private, nonprofit two-year trade and technical school 
1.14 	granting associate degrees, an opportunities industrialization center accredited by the 
1.15 	North Central Association of Colleges and Schools, or a private, residential, two-year or 
1.16 	four-year, liberal arts, degree-granting college or university located in Minnesota.
1.17 	(b) "Course" means a course or program.

1.18 	Sec. 2. Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 5, is 
1.19 	amended to read:
1.20 		Subd. 5.Authorization; notification. Notwithstanding any other law to the 
1.21 	contrary, ana 9th, 10th, 11th, or 12th grade pupil enrolled in a school or an American 
1.22 	Indian-controlled tribal contract or grant school eligible for aid under section 124D.83, 
1.23 	except a foreign exchange pupil enrolled in a district under a cultural exchange program, 
1.24 	may apply to an eligible institution, as defined in subdivision 3, to enroll in nonsectarian 
2.1 	courses offered by that postsecondary institution. Notwithstanding any other law to the 
2.2 	contrary, a 9th or 10th grade pupil enrolled in a district or an American Indian-controlled 
2.3 	tribal contract or grant school eligible for aid under section 124D.83, except a foreign 
2.4 	exchange pupil enrolled in a district under a cultural exchange program, may apply to 
2.5 	enroll in nonsectarian courses offered under subdivision 10, if after all 11th and 12th 
2.6 	grade students have applied for a course, additional students are necessary to offer the 
2.7 	course. If an institution accepts a secondary pupil for enrollment under this section, the 
2.8 	institution shall send written notice to the pupil, the pupil's school or school district, and 
2.9 	the commissioner within ten days of acceptance. The notice must indicate the course 
2.10 	and hours of enrollment of that pupil. If the pupil enrolls in a course for postsecondary 
2.11 	credit, the institution must notify the pupil about payment in the customary manner used 
2.12 	by the institution.

2.13 	Sec. 3. Minnesota Statutes 2010, section 124D.09, is amended by adding a subdivision 
2.14 	to read:
2.15 		Subd. 5a.Authorization; career or technical education. A 9th, 10th, 11th, or 12th 
2.16 	grade pupil enrolled in a district or an American Indian-controlled tribal contract or grant 
2.17 	school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in 
2.18 	a district under a cultural exchange program, may enroll in a career or technical education 
2.19 	course offered by a Minnesota state college or university. A secondary pupil may enroll 
2.20 	in their first postsecondary options enrollment course under this subdivision without 
2.21 	meeting the enrollment requirements of the postsecondary institution. The postsecondary 
2.22 	institution must give priority to its students according to subdivision 9. If a secondary 
2.23 	student receives a grade of "C" or better in the career or technical education course 
2.24 	taken under this subdivision, the postsecondary institution must allow the student to take 
2.25 	additional secondary courses at that institution, not to exceed the limits in subdivision 8. 

2.26 	Sec. 4. Minnesota Statutes 2010, section 124D.09, subdivision 9, is amended to read:
2.27 		Subd. 9.Enrollment priority. A postsecondary institution shall give priority to 
2.28 	its postsecondary students when enrolling 9th, 10th, 11th, and 12th grade pupils in its 
2.29 	courses. A postsecondary institution may provide information about its programs to a 
2.30 	secondary school or to a pupil or parent, but it may not advertise or otherwise recruit or 
2.31 	solicit the participation of secondary pupils to enroll in its programs on financial grounds. 
2.32 	An institution must not enroll secondary pupils, for postsecondary enrollment options 
2.33 	purposes, in remedial, developmental, or other courses that are not college level. Once a 
3.1 	pupil has been enrolled in a postsecondary course under this section, the pupil shall not 
3.2 	be displaced by another student.

3.3 	Sec. 5. Minnesota Statutes 2010, section 124D.09, subdivision 12, is amended to read:
3.4 		Subd. 12.Credits. A pupil may enroll in a course under this section for either 
3.5 	secondary credit or postsecondary credit. At the time a pupil enrolls in a course, the pupil 
3.6 	shall designate whether the course is for secondary or postsecondary credit. A pupil taking 
3.7 	several courses may designate some for secondary credit and some for postsecondary 
3.8 	credit. A pupil must not audit a course under this section.
3.9 	A district shall grant academic credit to a pupil enrolled in a course for secondary 
3.10 	credit if the pupil successfully completes the course. Seven quarter or four semester 
3.11 	college credits equal at least one full year of high school credit. Fewer college credits may 
3.12 	be prorated. A district must also grant academic credit to a pupil enrolled in a course for 
3.13 	postsecondary credit if secondary credit is requested by a pupil. If no comparable course is 
3.14 	offered by the district, the district must, as soon as possible, notify the commissioner, who 
3.15 	shall determine the number of credits that shall be granted to a pupil who successfully 
3.16 	completes a course. If a comparable course is offered by the district, the school board 
3.17 	shall grant a comparable number of credits to the pupil. If there is a dispute between the 
3.18 	district and the pupil regarding the number of credits granted for a particular course, the 
3.19 	pupil may appeal the board's decision to the commissioner. The commissioner's decision 
3.20 	regarding the number of credits shall be final.
3.21 	The secondary credits granted to a pupil must be counted toward the graduation 
3.22 	requirements and subject area requirements of the district. Evidence of successful 
3.23 	completion of each course and secondary credits granted must be included in the pupil's 
3.24 	secondary school record. A pupil shall provide the school with a copy of the pupil's grade 
3.25 	in each course taken for secondary credit under this section. Upon the request of a pupil, 
3.26 	the pupil's secondary school record must also include evidence of successful completion 
3.27 	and credits granted for a course taken for postsecondary credit. In either case, the record 
3.28 	must indicate that the credits were earned at a postsecondary institution.
3.29 	If a pupil enrolls in a postsecondary institution after leaving secondary school, the 
3.30 	postsecondary institution must award postsecondary credit for any course successfully 
3.31 	completed for secondary credit at that institution. Other postsecondary institutions may 
3.32 	award, after a pupil leaves secondary school, postsecondary credit for any courses 
3.33 	successfully completed under this section. An institution may not charge a pupil for 
3.34 	the award of credit.
4.1 	The Board of Trustees of the Minnesota State Colleges and Universities and 
4.2 	the Board of Regents of the University of Minnesota must, and private nonprofit and 
4.3 	proprietary postsecondary institutions should, award postsecondary credit for any 
4.4 	successfully completed courses in a program certified by the National Alliance of 
4.5 	Concurrent Enrollment Partnerships offered according to an agreement under subdivision 
4.6 	10.

4.7 	Sec. 6. Minnesota Statutes 2010, section 124D.09, subdivision 24, is amended to read:
4.8 		Subd. 24.Limit; state obligation. The provisions of subdivisions 13, 19, and 
4.9 	22, and 23 shall not apply for any postsecondary courses in which a pupil is enrolled in 
4.10 	addition to being enrolled full time in that pupil's district or for any postsecondary course 
4.11 	in which a pupil is enrolled for postsecondary credit. The pupil is enrolled full time if 
4.12 	the pupil attends credit-bearing classes in the high school or high school program for 
4.13 	all of the available hours of instruction.

4.14 	EFFECTIVE DATE. This section is effective for the 2012-2013 school year and 
4.15 	later.

4.16 	Sec. 7. Minnesota Statutes 2010, section 135A.101, subdivision 1, is amended to read:
4.17 		Subdivision 1.Requirements for participation. To participate in the postsecondary 
4.18 	enrollment options program, a college or university must abide by the provisions in this 
4.19 	section. The institution may provide information about its programs to a secondary school 
4.20 	or to a pupil or parent, but may not recruit or solicit participation on financial grounds.

4.21 	Sec. 8.  REPEALER.
 4.22 	Minnesota Statutes 2010, section 124D.09, subdivision 23, is repealed effective 
4.23 	for the 2012-2013 school year and later.