HF 2678

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 12:33pm

A bill for an act
relating to education; modifying certain early childhood, kindergarten through
grade 12, and higher education provisions; establishing early learning and higher
education gap scholarship programs; establishing a fiber optic infrastructure grant
program; appropriating money for a public school's fiber optic infrastructure
grant program; implementing a schedule to repay the school aid payment shift;
increasing accessibility to career and technical education; authorizing the sale
and issuance of state bonds; appropriating money; amending Minnesota Statutes
2010, sections 13.32, subdivisions 3, 6; 119B.03, by adding a subdivision;
124D.09, subdivisions 3, 9, 10, 12, 25; 124D.15, subdivisions 3a, 12; 135A.101,
subdivision 1; Minnesota Statutes 2011 Supplement, sections 124D.09,
subdivisions 5, 7; 127A.45, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 119B; 126C; 136A; repealing Minnesota Statutes
2010, sections 119A.52; 124D.09, subdivision 23; 124D.16, subdivisions 2,
3, 5, 6, 7; Laws 2011, First Special Session chapter 11, article 7, section 2,
subdivision 8.

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

ARTICLE 1

EARLY LEARNING SCHOLARSHIP PROGRAM

Section 1.

Minnesota Statutes 2010, section 119B.03, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2013. Beginning in fiscal year
2014, base appropriations for the basic sliding fee child care program under this section
are transferred to the early learning scholarship program under section 119B.055.
new text end

Sec. 2.

new text begin [119B.055] EARLY LEARNING SCHOLARSHIP PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The early learning scholarship program is
established to make quality early education services available to all Minnesota children.
The commissioner shall adopt policies and rules as necessary to implement and administer
a statewide program, including application procedures and forms.
new text end

new text begin Subd. 2. new text end

new text begin Eligible family. new text end

new text begin A family is eligible for a scholarship under this section
if the family:
new text end

new text begin (1) meets the requirements under sections 119B.07; 119B.09, subdivisions 1 and 4;
and 119B.10, except for families participating in the MFIP or diversionary work programs
under chapter 256J and transition year families under section 119B.011, subdivision 20;
new text end

new text begin (2) resides in Minnesota; and
new text end

new text begin (3) 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.
new text end

new text begin Subd. 3. new text end

new text begin Eligible providers; provider choice. new text end

new text begin (a) Providers eligible to accept an
early learning scholarship as payment for child care or early education services for a
child include:
new text end

new text begin (1) an individual or child care center or facility, either licensed or unlicensed,
providing legal child care services as defined under section 245A.03;
new text end

new text begin (2) a school readiness program under section 124D.15; and
new text end

new text begin (3) a federal Head Start program.
new text end

new text begin (b) Parents may choose a child care or early education provider as defined under
paragraph (a), who has a quality rating from the state quality rating and improvement
system under section 124D.142, and that best meets the family's needs. The state shall
make resources available to parents in choosing quality child care and early education
services. The state may require a parent to sign a release stating their knowledge and
responsibilities in choosing a legal provider described under paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Amount and length of scholarships. new text end

new text begin (a) The amount of an early learning
scholarship under this section must be based on:
new text end

new text begin (1) the income of the family, as determined under section 119B.09, subdivision 4;
new text end

new text begin (2) the number of people in the family, as defined under section 119B.011,
subdivision 13; and
new text end

new text begin (3) the number of eligible children in the applicant's family.
new text end

new text begin (b) The maximum scholarship awarded to the applicant shall be $8,000 for each
eligible child in a 12-month time period. The commissioner shall prepare a chart to show
the amount of a scholarship that will be awarded per child based on the factors in this
subdivision. The chart shall show a range of income and family size. The maximum
scholarship amount under this paragraph shall be adjusted each July 1 beginning in 2014
to reflect any change in inflation. The index used must be the revised Consumer Price
Index for all urban consumers for the St. Paul-Minneapolis metropolitan area prepared
by the United States Department of Labor.
new text end

new text begin (c) Families receiving a scholarship under this section shall continue to receive a
scholarship until they are no longer eligible.
new text end

new text begin (d) Families are responsible for payment to providers of any fees or charges not
covered by the scholarship.
new text end

new text begin Subd. 5. new text end

new text begin Provider rates. new text end

new text begin Eligible providers may not charge families using
scholarships under this section a rate that is higher than the rate charged to private paying
clients.
new text end

new text begin Subd. 6. new text end

new text begin Funds; appropriations; waiting list. new text end

new text begin Scholarships provided under this
section may be funded with state general funds, federal child care and development funds,
and county funds. Each county must contribute to the scholarship program as required
under section 119B.11, subdivision 1. Within the limits of available appropriations, the
commissioner shall distribute scholarships to eligible families. If there are insufficient
funds to serve all eligible families, the commissioner must develop a method to prioritize
applicants and keep a written record of the number of eligible families who have applied
for a scholarship. The commissioner must update the waiting list at least every six months.
new text end

new text begin Subd. 7. new text end

new text begin Information. new text end

new text begin The commissioner shall develop and provide information
about the program to eligible providers, human service agencies, and potential applicants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2010, section 124D.15, subdivision 3a, is amended to read:

Subd. 3a.

Application and reporting requirements.

(a) A school readiness
program provider must submit a biennial plan for approval by the commissioner deleted text begin before
receiving aid under section 124D.16 deleted text end . The plan must describe how the program meets the
program requirements under subdivision 3. A school district by April 1 must submit
the plan for approval by the commissioner in the form and manner prescribed by the
commissioner. One-half the districts must first submit the plan by April 1, 2006, and
one-half the districts must first submit the plan by April 1, 2007, as determined by the
commissioner.

(b) Programs receiving school readiness funds annually must submit a report to
the department.

Sec. 4.

Minnesota Statutes 2010, section 124D.15, subdivision 12, is amended to read:

Subd. 12.

Program fees.

A district must adopt a sliding fee schedule based on a
family's income but must waive a fee for a participant unable to pay. School districts
must deleted text begin use school readiness aid deleted text end new text begin accept early learning scholarships new text end for eligible children.
Children who do not meet the eligibility requirements in subdivision 15 may participate
on a fee-for-service basis.

Sec. 5. new text begin WAIVER REQUEST.
new text end

new text begin The commissioner of human services shall submit any waiver requests necessary
to implement the early learning scholarship program under Minnesota Statutes, section
119B.055, to the United States Department of Health and Human Services by January
1, 2013.
new text end

Sec. 6. new text begin USE OF FUNDS.
new text end

new text begin In the governor's fiscal year 2014-2015 budget proposal, general fund base
appropriations for the Head Start program under Minnesota Statutes, section 119A.50,
the School Readiness program under Minnesota Statutes, section 124D.15, and the early
childhood education scholarships under Laws 2011, First Special Session chapter 11,
article 7, section 2, subdivision 8, must be used for the purposes of the early learning
scholarship program under Minnesota Statutes, section 119B.055. In any budget enacted
for fiscal years 2014-2015, all general fund base appropriations for the Head Start
program under Minnesota Statutes, section 119A.50, the School Readiness program under
Minnesota Statutes, section 124D.15, and the early childhood education scholarships
under Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 8, must
be included in the base appropriation for the early learning scholarship program under
Minnesota Statutes, section 119B.055.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin $800,000,000 is appropriated in fiscal year 2014 from the general fund to the
commissioner of human services for the early learning scholarship program under
Minnesota Statutes, section 119B.055. This appropriation is ongoing and is in addition to
the funds under section 6.
new text end

Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall correct internal cross references to sections resulting
from the expiration of Minnesota Statutes, section 119B.03, and the repealer in section 9.
The revisor may make changes necessary to correct the punctuation, grammar, or structure
of the remaining text and preserve its meaning.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 119A.52; and 124D.16, subdivisions 2, 3, 5, 6,
and 7; new text end new text begin and new text end new text begin Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 8,
new text end new text begin are repealed effective June 30, 2013.
new text end

ARTICLE 2

K-12

Section 1.

new text begin [126C.75] FIBER OPTIC INFRASTRUCTURE GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation of accounts. new text end

new text begin Two public school fiber optic infrastructure
accounts are created, one in the general fund and one in the bond proceeds fund. Money
in these accounts may only be used for capital costs of fiber optic infrastructure for
eligible public school projects.
new text end

new text begin Subd. 2. new text end

new text begin Program purpose. new text end

new text begin The fiber optic infrastructure grant program is
established to provide the capital investment needed to bridge the gap between the federal
Schools and Libraries Program of the Universal Service Fund, commonly known as
"E-Rate," and the total cost of fiber optic infrastructure that will better public school
buildings to support 21st century learning capacity at each district school.
new text end

new text begin Subd. 3. new text end

new text begin General eligibility; state general obligation bond funds. new text end

new text begin The Minnesota
Constitution, article XI, section 5, clause (a), requires that state general obligation bonds
be issued to finance only the acquisition or betterment of public land, buildings, and other
public improvements of a capital nature. The legislature has determined that many fiber
optic infrastructure projects will constitute betterments and capital improvements within
the meaning of the Minnesota Constitution and capital expenditures under generally
accepted accounting principles, and will be financed more efficiently and economically
under this section than by direct appropriations for specific projects.
new text end

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "fiber optic infrastructure" means the land, buildings, fiber optic connection
cable, and end point hardware, including routers and switches. Fiber optic infrastructure
does not include computers, telephones, or cameras; and
new text end

new text begin (2) "school district" means an independent, common, special, or intermediate school
district or a charter school.
new text end

new text begin Subd. 5. new text end

new text begin Grant program established. new text end

new text begin The commissioner shall make grants to
school districts for fiber optic infrastructure projects.
new text end

new text begin Subd. 6. new text end

new text begin Eligible costs for grants. new text end

new text begin (a) "Eligible cost," for use of state general
obligation bond fund money, means the acquisition of land or permanent easements;
preparation of land on which the fiber optic infrastructure will be located, including
demolition of structures and remediation of any hazardous conditions on the land;
predesign, design, acquisition, and installation of publicly owned fiber optic infrastructure
in this state with a useful life of at least ten years that supports public school district
facility operation, administration, and instruction; the unpaid principal on debt issued by
the school district for a fiber optic infrastructure project; or the amount necessary to pay in
a lump sum all lease payments due if payment results in the school district owning the fiber
optic infrastructure. All uses under this paragraph must be for publicly owned property.
new text end

new text begin (b) Eligible cost for use of any other source of money will be determined by
limitations imposed on that source, but may include the costs of leases and reimbursement
of the costs of purchase and installation of fiber optic infrastructure.
new text end

new text begin Subd. 7. new text end

new text begin Application. new text end

new text begin The commissioner must develop forms and procedures for
soliciting and reviewing applications for grants under this section. At a minimum, a school
district must include the following information in its application:
new text end

new text begin (1) a resolution adopted by its school board certifying that the money required to be
supplied by the school district to complete the project is available and committed;
new text end

new text begin (2) a detailed and specific description of the project and an estimate, along with
necessary supporting evidence, of the total costs for the project;
new text end

new text begin (3) an assessment of the need for and benefits of the project;
new text end

new text begin (4) a timeline indicating the major milestones of the project and anticipated
completion dates; and
new text end

new text begin (5) any additional information or material the commissioner prescribes.
new text end

new text begin Subd. 8. new text end

new text begin Criteria for grants. new text end

new text begin The commissioner must develop the criteria that will
be used to award grants if grant applications exceed available resources.
new text end

new text begin Subd. 9. new text end

new text begin Cancellation of grant. new text end

new text begin If, five years after execution of a grant agreement,
the commissioner determines that the grantee has not proceeded in a timely manner with
implementation of the project funded, the commissioner must cancel the grant and the
grantee must repay to the commissioner all grant money paid to the grantee. Section
16A.642 applies to any appropriations made to the commissioner under this section that
have not been awarded to grantees.
new text end

new text begin Subd. 10. new text end

new text begin Report. new text end

new text begin By January 15 of each year, the commissioner must submit to
the commissioner of management and budget and the chairs of the legislative committees
or divisions with jurisdiction over education policy, education finance, and capital
investment, a list of the projects that have been funded with money under this program
during the preceding calendar year, as well as a list of those priority projects for which state
bond proceeds fund appropriations will be sought during that year's legislative session.
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.

Minnesota Statutes 2011 Supplement, section 127A.45, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

(a) "Other district receipts" means payments by county
treasurers pursuant to section 276.10, apportionments from the school endowment fund
pursuant to section 127A.33, apportionments by the county auditor pursuant to section
127A.34, subdivision 2, and payments to school districts by the commissioner of revenue
pursuant to chapter 298.

(b) "Cumulative amount guaranteed" means the product of

(1) the cumulative disbursement percentage shown in subdivision 3; times

(2) the sum of

(i) the current year aid payment percentage of the estimated aid and credit
entitlements paid according to subdivision 13; plus

(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus

(iii) the other district receipts.

(c) "Payment date" means the date on which state payments to districts are made
by the electronic funds transfer method. If a payment date falls on a Saturday, a Sunday,
or a weekday which is a legal holiday, the payment shall be made on the immediately
preceding business day. The commissioner may make payments on dates other than
those listed in subdivision 3, but only for portions of payments from any preceding
payment dates which could not be processed by the electronic funds transfer method due
to documented extenuating circumstances.

(d) The current year aid payment percentage equals deleted text begin 73 in fiscal year 2010 and 70
in fiscal year 2011, and deleted text end 60 in fiscal years 2012 and deleted text begin later deleted text end new text begin 2013 and increases by two
percentage points in each subsequent fiscal year until the aid payment percentage equals
90. This annual increase is in addition to any increase occurring under section 16A.152,
subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 3. new text begin PUBLIC SCHOOLS; FIBER OPTIC INFRASTRUCTURE GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $200,000,000 is appropriated from the bond
proceeds fund to the commissioner of education for grants to public school districts under
Minnesota Statutes, section 126C.75.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $200,000,000 in the manner, upon the terms, and
with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
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 3

CAREER EDUCATION

Section 1.

Minnesota Statutes 2010, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in
subdivision 5, educational data is private data on individuals and shall not be disclosed
except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal
Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer
immunization programs and for bona fide epidemiologic investigations which the
commissioner of health determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in which the investigation
is being conducted;

(g) when disclosure is required for institutions that participate in a program under
title IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under
subdivision 6, annually to indicate the extent and content of remedial instruction, including
the results of assessment testing and academic performance at a postsecondary institution
during the previous academic year by a student who graduated from a Minnesota school
district within two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for
the data that certifies that the data will not be disclosed to any other person except as
authorized by law without the written consent of the parent of the student and the request
and a record of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in
the data and who are conducting activities and events sponsored by or endorsed by the
educational agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32,
section 216;

(l) to the juvenile justice system if information about the behavior of a student who
poses a risk of harm is reasonably necessary to protect the health or safety of the student
or other individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section
124D.52, subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation
of a report of alleged maltreatment of a student as mandated by section 626.556. Upon
request by the commissioner of education, data that are relevant to a report of maltreatment
and are from charter school and school district investigations of alleged maltreatment of a
student must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in
response to a report of maltreatment by an employee or agent of the school or school
district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations,
title 34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text begin or
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i),
and Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the
institution has an information release form signed by the student authorizing disclosure
to a parent. The institution must notify parents and students about the purpose and
availability of the information release forms. At a minimum, the institution must distribute
the information release forms at parent and student orientation meetings new text begin ; or
new text end

new text begin (r) to the appropriate school district officials to the extent necessary under
subdivision 6, annually to indicate the number of secondary students enrolled in a course
under section 124D.09 and the number and content of the course credits provided to those
secondary students in the preceding academic year new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2010, section 13.32, subdivision 6, is amended to read:

Subd. 6.

Admissions forms; remedial instruction new text begin ; dual enrollment new text end .

(a)
Minnesota postsecondary education institutions, for purposes of reporting and research,
may collect on the 1986-1987 admissions form, and disseminate to any public educational
agency or institution the following data on individuals: student sex, ethnic background,
age, and disabilities. The data shall not be required of any individual and shall not be used
for purposes of determining the person's admission to an institution.

(b) A school district that receives information under subdivision 3, paragraph (h)
from a postsecondary institution about an identifiable student shall maintain the data
as educational data and use that data to conduct studies to improve instruction. Public
postsecondary systems annually shall provide summary data to the Department of
Education indicating the extent and content of the remedial instruction received in each
system during the prior academic year by, and the results of assessment testing and the
academic performance of, students who graduated from a Minnesota school district within
two years before receiving the remedial instruction. The department shall evaluate the
data and annually report its findings to the education committees of the legislature.

(c) new text begin A school district that receives information under subdivision 3, paragraph (r),
from a postsecondary institution about an identifiable student shall maintain the data as
educational data and use the data to help all students who are interested in integrating
academics with career and technical education and need help with the transition from high
school to postsecondary college and career opportunities leading to an industry credential.
Public postsecondary systems annually shall provide summary data to the Department of
Education indicating the number of secondary students enrolled in the system in a course
under section 124D.09 and the number and content of the course credits provided to those
students in the preceding academic year. The department shall evaluate the data and
annually report its findings to the education committees of the legislature.
new text end

new text begin (d) new text end This section supersedes any inconsistent provision of law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2010, section 124D.09, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section, the following terms have the
meanings given to them.

(a) "Eligible institution" means a Minnesota public postsecondary institution,
new text begin an intermediate school district, new text end a private, nonprofit two-year trade and technical school
granting associate degrees, an opportunities industrialization center accredited by the
North Central Association of Colleges and Schools, or a private, residential, two-year or
four-year, liberal arts, degree-granting college or university located in Minnesota.

(b) "Course" means a course or program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 5, is
amended to read:

Subd. 5.

Authorization; notification.

new text begin (a) new text end Notwithstanding any other law to the
contrary, deleted text begin an deleted text end new text begin a 9th, 10th, new text end 11th new text begin , new text end or 12th grade pupil enrolled in a school or an American
Indian-controlled tribal contract or grant school eligible for aid under section 124D.83,
except a foreign exchange pupil enrolled in a district under a cultural exchange program,
may apply to an eligible institution, as defined in subdivision 3, to enroll in nonsectarian
new text begin academic and career and technical new text end courses offered by that postsecondary institution new text begin ,
subject to the enrollment priority in subdivision 9 new text end .

new text begin (b) new text end Notwithstanding any other law to the contrary, a 9th or 10th grade pupil enrolled
in a district or an American Indian-controlled tribal contract or grant school eligible for
aid under section 124D.83, except a foreign exchange pupil enrolled in a district under a
cultural exchange program, may apply to enroll in nonsectarian new text begin academic and career and
technical new text end courses offered under subdivision 10, if after all 11th and 12th grade students
have applied for a course, additional students are necessary to offer the course.

new text begin (c) new text end If an institution accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's school or school district, and
the commissioner within ten days of acceptance. The notice must indicate the course
and hours of enrollment of that pupil. If the pupil enrolls in a course for postsecondary
credit, the institution must notify the pupil about payment in the customary manner used
by the institution.

new text begin (d) Secondary pupils may enroll in their first course offered by a Minnesota state
college or university under this section without meeting the enrollment requirements
of the college or university. If a secondary student receives a grade of "C" or better in
an academic or career and technical course taken at the college or university under
this paragraph, that institution must allow the student to take additional courses at the
institution, not to exceed the limits on participation in subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 7, is
amended to read:

Subd. 7.

Dissemination of information; notification of intent to enroll.

By March
1 of each year, a district must provide general information about the program to all pupils
in grades 8, 9, 10, and 11. new text begin Using a career guidance structure, the district must work to
inform and support students who are interested in integrating academics with career and
technical education leading to an industry credential. new text end To assist the district in planning, a
pupil shall inform the district by March 30 of each year of the pupil's intent to enroll in
postsecondary courses during the following school year. A pupil is not bound by notifying
or not notifying the district by March 30.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2010, section 124D.09, subdivision 9, is amended to read:

Subd. 9.

Enrollment priority.

A postsecondary institution shall give priority to
its postsecondary students when enrolling new text begin 9th, 10th, new text end 11th new text begin , new text end and 12th grade pupils in its
courses. A postsecondary institution may provide information about its programs to a
secondary school or to a pupil or parent deleted text begin , but it may not advertise or otherwise recruit or
solicit the participation of secondary pupils to enroll in its programs on financial grounds deleted text end .
An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college level. Once a
pupil has been enrolled in a postsecondary course under this section, the pupil shall not
be displaced by another student.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2010, section 124D.09, subdivision 10, is amended to read:

Subd. 10.

Courses according to agreements.

new text begin (a) new text end An eligible pupil, according to
subdivision 5, may enroll in a nonsectarian new text begin academic and career and technical new text end course
taught by a secondary teacher or a postsecondary faculty member and offered at a
secondary school, or another location, according to an agreement between a public school
board and the governing body of an eligible public postsecondary system or an eligible
private postsecondary institution, as defined in subdivision 3. All provisions of this
section shall apply to a pupil, public school board, district, and the governing body of a
postsecondary institution, except as otherwise provided.

new text begin (b) Participating public school boards, districts, and the governing bodies of
eligible postsecondary institutions, consistent with this section and in collaboration with
community-based employers, may establish consortia to promote concurrent enrollment
for students who are interested in integrating academics with career and technical
education leading to an industry credential and need help with the transition from high
school to postsecondary career and college opportunities. If established, the consortia
must:
new text end

new text begin (1) pursue effective strategies to motivate students to pursue dual enrollment
opportunities within a career-focused pathway;
new text end

new text begin (2) create a sequence of linked high school and postsecondary coursework leading to
a high school diploma and an industry credential such as industry certification;
new text end

new text begin (3) offer career guidance for all types of employment opportunities;
new text end

new text begin (4) work to ensure the transfer of course credits between education systems; and
new text end

new text begin (5) provide the students with supplemental academic supports, including help in
selecting appropriate courses and in building capacity for matriculation and persistence.
new text end

new text begin A career-focused pathway must offer competency-based applied learning that helps
students: develop academic knowledge, higher order thinking skills, problem-solving
skills, work attitudes, general employability and leadership skills, and occupation-specific
skills synchronized with regional and state labor markets; and succeed in the workplace or
in postsecondary education by being prepared for industry certification and the opportunity
to enter postsecondary education and training.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 8.

Minnesota Statutes 2010, section 124D.09, subdivision 12, is amended to read:

Subd. 12.

Credits.

deleted text begin A pupil may enroll in a course under this section for either
secondary credit or postsecondary credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or postsecondary credit. A pupil taking
several courses may designate some for secondary credit and some for postsecondary
credit. deleted text end A pupil must not audit a course under this section.

A district shall grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester
college credits equal at least one full year of high school credit. Fewer college credits may
be prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board
shall grant a comparable number of credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted for a particular course, the
pupil may appeal the board's decision to the commissioner. The commissioner's decision
regarding the number of credits shall be final.

The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful
completion of each course and secondary credits granted must be included in the pupil's
secondary school record. A pupil shall provide the school with a copy of the pupil's grade
in each course taken for secondary credit under this section. Upon the request of a pupil,
the pupil's secondary school record must also include evidence of successful completion
and credits granted for a course taken for postsecondary credit. In either case, the record
must indicate that the credits were earned at a postsecondary institution.

If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for
the award of credit.

The Board of Trustees of the Minnesota State Colleges and Universities and
the Board of Regents of the University of Minnesota must, and private nonprofit and
proprietary postsecondary institutions should, award postsecondary credit for any
successfully completed courses in a program certified by the National Alliance of
Concurrent Enrollment Partnerships offered according to an agreement under subdivision
10.

Sec. 9.

Minnesota Statutes 2010, section 124D.09, subdivision 25, is amended to read:

Subd. 25.

Pupils 40 miles or more from an eligible institution.

A pupil who
is enrolled in a secondary school that is located 40 miles or more from the nearest
eligible institution may request that the resident district offer at least one accelerated or
advanced academic course within the resident district in which the pupil may enroll for
postsecondary credit. deleted text begin A pupil may enroll in a course offered under this subdivision for
either secondary or postsecondary credit according to subdivision 12.
deleted text end

A district must offer an accelerated or advanced academic course for postsecondary
credit if one or more pupils requests such a course under this subdivision. The district
may decide which course to offer, how to offer the course, and whether to offer one or
more courses. The district must offer at least one such course in the next academic period
and must continue to offer at least one accelerated or advanced academic course for
postsecondary credit in later academic periods.

Sec. 10.

Minnesota Statutes 2010, section 135A.101, subdivision 1, is amended to read:

Subdivision 1.

Requirements for participation.

To participate in the postsecondary
enrollment options program, a college or university must abide by the provisions in this
section. The institution may provide information about its programs to a secondary school
or to a pupil or parent deleted text begin , but may not recruit or solicit participation on financial grounds deleted text end .

Sec. 11. new text begin STUDY OF IMPEDIMENTS TO SECONDARY AND
POSTSECONDARY TECHNICAL EDUCATION COOPERATION.
new text end

new text begin The commissioner of education and the Board of Trustees of the Minnesota State
Colleges and Universities must identify any statutory impediments to technical education
coursework conducted cooperatively between high schools and Minnesota State Colleges
and Universities and report their findings to the legislative committees with jurisdiction
over kindergarten through grade 12 education and higher education by February 1, 2013.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 124D.09, subdivision 23, new text end new text begin is repealed effective
for the 2012-2013 school year and later.
new text end

ARTICLE 4

HIGHER EDUCATION

Section 1.

new text begin [136A.123] MINNESOTA GAP SCHOLARSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The director shall establish procedures for awarding
a gap scholarship to a Minnesota resident who is eligible for a Pell grant or a state grant.
The gap scholarship is provided to cover an eligible student's full cost of attending an
eligible Minnesota postsecondary institution for the first two years of postsecondary
education.
new text end

new text begin Subd. 2. new text end

new text begin Eligible student. new text end

new text begin To be eligible to receive a gap scholarship under this
section, in addition to the requirements under section 136A.121, subdivision 2, a student
must:
new text end

new text begin (1) submit a Free Application for Federal Student Aid (FAFSA);
new text end

new text begin (2) qualify for a federal Pell grant or state grant under section 136A.121;
new text end

new text begin (3) be a United States citizen or eligible noncitizen, as defined in section 484 of the
Higher Education Act, United States Code, title 20, section 1091 et seq., as amended and
Code of Federal Regulation, title 34, section 668.33;
new text end

new text begin (4) meet satisfactory academic progress as defined under section 136A.101,
subdivision 10;
new text end

new text begin (5) be a Minnesota resident, as defined under section 136A101, subdivision 8;
new text end

new text begin (6) have been enrolled full time or the equivalent for less than eight semesters in
a postsecondary institution that participates in the state grant program under section
136A.121; and
new text end

new text begin (7) enroll in a degree, diploma, or certificate program.
new text end

new text begin Subd. 3. new text end

new text begin Eligible institution. new text end

new text begin The gap scholarship must only be used for the cost
of attendance for a student attending an eligible institution as defined under section
136A.121, subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Cost of attendance. new text end

new text begin The total cost of attendance shall include tuition and
required fees charged by the institution plus the amount of the campus-based budget
used for federal financial aid for food, housing, books, supplies, transportation, and
miscellaneous expenses.
new text end

new text begin Subd. 5. new text end

new text begin Scholarship amount. new text end

new text begin (a) Each student shall be awarded a gap scholarship
based on the federal need analysis. The scholarship is provided as a bonus payment to a
state grant or Pell grant award. Applicants are encouraged to apply for all other sources of
financial aid. The amount of the award must not exceed the applicant's cost of attendance,
as defined in subdivision 4, after deducting:
new text end

new text begin (1) the amount of a federal Pell Grant award for which the applicant is eligible;
new text end

new text begin (2) the amount of the state grant;
new text end

new text begin (3) the sum of all federal Supplemental Educational Opportunity Grant, federal
Academic Competitiveness Grant, and federal Science and Mathematics Access to Retain
Talent Grant awards;
new text end

new text begin (4) the sum of all institutional grants, scholarships, tuition waivers, and tuition
remission amounts;
new text end

new text begin (5) the amount of any other state and federal gift aid;
new text end

new text begin (6) the amount of any tribal scholarships; and
new text end

new text begin (7) the amount of any private grants or scholarships.
new text end

new text begin (b) The award shall be paid directly to the postsecondary institution where the
student receives federal financial aid.
new text end

new text begin (c) The minimum award for a student under this section is $100 per academic year.
new text end

new text begin (d) A gap scholarship may not be given to any student for more than four semesters
of study or the equivalent at the undergraduate level. A student with an associate degree
from an institution that participates in the state grant program is not eligible for a gap
scholarship.
new text end

new text begin Subd. 6. new text end

new text begin Award procedures. new text end

new text begin (a) Awards must be made from appropriations for this
purpose on a first-come, first-served basis in the order complete applications are received.
If there are multiple applications with identical completion dates, those applications are
further sorted by application receipt date.
new text end

new text begin (b) Awards are made to eligible students until the appropriation is expended.
new text end

new text begin (c) Applicants not receiving a grant and for whom the office has received a
completed application are placed on a waiting list in order of application completion date.
new text end

Sec. 2. new text begin ALTERNATIVE EDUCATIONAL PATHS TO EMPLOYMENT.
new text end

new text begin The board of trustees of the Minnesota State Colleges and Universities shall
implement the conclusions and recommendations of the 2011 report on technical education
and career paths in Minnesota. The board shall:
new text end

new text begin (1) build on the award types currently available in the system to enhance the
comprehensive array of alternatives that allow programs to be sequenced, of variable
length, and aligned with occupational training requirements;
new text end

new text begin (2) enhance occupational program offerings that can be completed in less than two
years, have interrelated programing across career levels, and are aligned with occupational
training requirements;
new text end

new text begin (3) continue to develop career pathways starting at the adult education or secondary
level and progressing in a designed way through undergraduate postsecondary programs
that lead to employment;
new text end

new text begin (4) consult with representatives of Minnesota labor and business and expand the
number of short-term offerings in specific skill areas in which these representatives have
indicated that educational preparation is inadequate; and
new text end

new text begin (5) continue to work with Minnesota employers and labor in the design and
implementation of career pathways and associated program curriculum.
new text end

new text begin The board shall provide annual progress reports on the alternative pathways
initiatives to the legislative committees in the house and the senate with responsibility for
higher education and workforce development.
new text end

Sec. 3. new text begin REFORM POSTSECONDARY CREDIT TRANSFERS.
new text end

new text begin The Office of Higher Education shall evaluate barriers to transferring credits between
Minnesota postsecondary institutions and make recommendations to the legislature
on procedures and methods to make credits fully transferrable between all Minnesota
postsecondary institutions including public institutions and private institutions registered
and licensed by the office. For all types of postsecondary institutions, the study must
evaluate and consider the effectiveness and opportunities for existing transfer procedures,
policies and requirements in law, including but not limited to the Minnesota transfer
curriculum, articulation agreements, credit transfer review criteria, transfer credit reports,
credit review processes, and national college credit recommendation services.
new text end

new text begin In making recommendations for streamlined procedures and criteria to facilitate
credit transfers, the office must allow individual institutions or systems to establish
specific, rigorous standards to award credit for courses taken at another institution. Once
established, these institutional standards must be consistently applied when determining if
a comparable course from another institution can be transferred.
new text end

new text begin The office must report its findings and recommendations to the legislative
committees with jurisdiction over higher education by February 1, 2013.
new text end

Sec. 4. new text begin APPROPRIATIONS; MINNESOTA GAP SCHOLARSHIP.
new text end

new text begin $....... for fiscal year .... is appropriated from the general fund to the director of
the Office of Higher Education for the Minnesota gap scholarship under section 1. The
amount of this appropriation is added to the base beginning in fiscal year .....
new text end