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HF 3872

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/21/2022 01:50pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to higher education; providing for funding and policy changes for the
Office of Higher Education, the University of Minnesota, and the Minnesota State
Colleges and Universities system; creating and modifying certain student aid
programs; creating and modifying certain grants to institutions; modifying certain
institutional licensure provisions; creating the Inclusive Higher Education Technical
Assistance Center; modifying Board of Regents provisions; requiring reports;
appropriating money; amending Minnesota Statutes 2020, sections 135A.15,
subdivision 8, by adding a subdivision; 136A.121, subdivisions 5, 18; 136A.1701,
subdivision 11; 136A.833; 137.023; 137.024; 137.0245, subdivisions 2, 3;
137.0246; Minnesota Statutes 2021 Supplement, sections 135A.137, subdivision
3; 136A.126, subdivisions 1, 4; 136A.1791, subdivision 5; 136A.91, subdivisions
1, 2; 136F.20, subdivision 4; 136F.202, subdivision 1; Laws 2021, First Special
Session chapter 2, article 1, section 2, subdivision 35; article 2, section 45, by
adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters
135A; 136A; 137; repealing Minnesota Rules, part 4880.2500.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginHIGHER EDUCATION APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2021, First Special Session chapter 2, article 1, unless otherwise specified, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2022" and "2023" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginMINNESOTA OFFICE OF HIGHER
EDUCATION
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 57,469,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Student Parent Support Initiative
new text end

new text begin -0-
new text end
new text begin 6,925,000
new text end

new text begin (a) For the student-parent support initiative
under Minnesota Statutes, section 136A.1251.
The commissioner may use no more than five
percent of the appropriation to administer the
program.
new text end

new text begin (b) The base for this appropriation is
$6,440,000 in fiscal year 2024 and $5,940,000
in fiscal year 2025 and later.
new text end

new text begin Subd. 3. new text end

new text begin Operating Expenses of Tribal Colleges
new text end

new text begin -0-
new text end
new text begin 3,000,000
new text end

new text begin (a) For transfer to Leech Lake Tribal College,
White Earth Tribal College, and Red Lake
Nation Tribal College, to be used for the Tribal
colleges' general operations and maintenance
expenses. The commissioner shall apportion
the funds equally among the Tribal colleges.
new text end

new text begin (b) The base for this appropriation is
$3,000,000 in fiscal year 2024 and later.
new text end

new text begin Subd. 4. new text end

new text begin State Grants
new text end

new text begin -0-
new text end
new text begin 493,000
new text end

new text begin $9,295,000 is added to this program's base
appropriation in fiscal years 2024 and later.
The base for this appropriation is therefore
$219,332,000 in fiscal year 2024 and later.
new text end

new text begin Subd. 5. new text end

new text begin Grants to Underrepresented Student
Teachers
new text end

new text begin -0-
new text end
new text begin 1,500,000
new text end

new text begin (a) The commissioner may use no more than
three percent of this appropriation to
administer the program.
new text end

new text begin (b) $1,500,000 is added to this program's base
appropriation in fiscal year 2024 and later
specified in Laws 2021, First Special Session
chapter 2, article 1, section 2, subdivision 26.
new text end

new text begin Subd. 6. new text end

new text begin Teacher Shortage Loan Repayment
new text end

new text begin -0-
new text end
new text begin 700,000
new text end

new text begin (a) The commissioner may use no more than
three percent of the amount transferred under
this subdivision to administer the program.
new text end

new text begin (b) The base for this appropriation is $900,000
in fiscal year 2024 and later.
new text end

new text begin Subd. 7. new text end

new text begin Emergency Assistance for
Postsecondary Students
new text end

new text begin -0-
new text end
new text begin 731,000
new text end

new text begin $731,000 is added to this program's base
appropriation in fiscal year 2024 and later
specified in Laws 2021, First Special Session
chapter 2, article 1, section 2, subdivision 24,
paragraph (d).
new text end

new text begin Subd. 8. new text end

new text begin Hunger-Free Campus Grants
new text end

new text begin -0-
new text end
new text begin 200,000
new text end

new text begin (a) This appropriation is in addition to the
amount appropriated in Laws 2021, First
Special Session chapter 2, article 1, section 2,
subdivision 35, as amended by this act.
new text end

new text begin (b) The base for this appropriation is $302,000
in fiscal year 2024 and later.
new text end

new text begin Subd. 9. new text end

new text begin American Indian Scholarships
new text end

new text begin -0-
new text end
new text begin 3,240,000
new text end

new text begin (a) The base for this appropriation is
$6,740,000 in fiscal year 2024 and later.
new text end

new text begin (b) This appropriation includes funding to
administer the American Indian scholarship
program.
new text end

new text begin Subd. 10. new text end

new text begin Inclusive Higher Education
new text end

new text begin -0-
new text end
new text begin 750,000
new text end

new text begin (a) Of this amount, $500,000 is for transfer to
the inclusive higher education grant account
under Minnesota Statutes, section 135A.162,
subdivision 4, and $250,000 is to enter into a
contract establishing the Inclusive Higher
Education Technical Assistance Center under
Minnesota Statutes, section 135A.161.
new text end

new text begin (b) The base for this appropriation is $750,000
in fiscal year 2024 and later.
new text end

new text begin Subd. 11. new text end

new text begin Free College Grants
new text end

new text begin -0-
new text end
new text begin 29,730,000
new text end

new text begin (a) For the free college grant program under
Minnesota Statutes, section 136A.0205.
new text end

new text begin (b) Of this amount:
new text end

new text begin (1) $900,000 is for administering the program;
and
new text end

new text begin (2) $250,000 is for transfer to the Board of
Trustees of the Minnesota State Colleges and
Universities for promotion of the program and
student outreach efforts.
new text end

new text begin (c) The base for this appropriation is
$32,000,000 in fiscal year 2024 and later.
new text end

new text begin (d) The commissioner may transfer
unencumbered balances from other
appropriations to the office to the free college
grant program. Transfers from the free college
grant program may only be made to the extent
there is a projected surplus in the appropriation
and only with prior written notice to the chairs
and ranking minority members of the senate
and house of representatives committees with
jurisdiction over higher education finance.
new text end

new text begin Subd. 12. new text end

new text begin MN Reconnect Program
new text end

new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin (a) For the MN Reconnect program under
Minnesota Statutes, section 136A.123.
new text end

new text begin (b) The base for this appropriation is
$1,000,000 in fiscal year 2024 and later.
new text end

new text begin Subd. 13. new text end

new text begin Addiction Medicine Graduate Medical
Education Fellowship
new text end

new text begin -0-
new text end
new text begin 1,200,000
new text end

new text begin (a) $1,200,000 in fiscal year 2023 is
appropriated from the general fund to the
commissioner of the Office of Higher
Education for transfer to Hennepin County
Medical Center to support three physicians
per year enrolled in an addiction medicine
fellowship program for five years, training a
total of 15 physicians. This is a onetime
appropriation.
new text end

new text begin (b) The appropriation under this section shall
be used to:
new text end

new text begin (1) train fellows in:
new text end

new text begin (i) diagnostic interviewing;
new text end

new text begin (ii) motivational interviewing;
new text end

new text begin (iii) addiction counseling;
new text end

new text begin (iv) recognition and care of common acute
withdrawal syndromes and complications;
new text end

new text begin (v) pharmacotherapies of addictive disorders;
new text end

new text begin (vi) epidemiology and pathophysiology of
addiction;
new text end

new text begin (vii) identification and treatment of addictive
disorders in special populations;
new text end

new text begin (viii) secondary interventions;
new text end

new text begin (ix) the use of screening and diagnostic
instruments;
new text end

new text begin (x) inpatient care; and
new text end

new text begin (xi) working within a multidisciplinary team;
and
new text end

new text begin (2) prepare fellows to practice addiction
medicine in rural and underserved areas of the
state.
new text end

new text begin Subd. 14. new text end

new text begin Aspiring Teachers of Color
Scholarship Pilot Program
new text end

new text begin -0-
new text end
new text begin 3,000,000
new text end

new text begin (a) For the aspiring teachers of color
scholarship pilot program under Laws 2021,
First Special Session chapter 2, article 2,
section 45.
new text end

new text begin (b) The commissioner may use no more than
three percent of this appropriation to
administer the program.
new text end

new text begin (c) This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, unencumbered balances under this
subdivision do not cancel until June 30, 2027.
new text end

new text begin Subd. 15. new text end

new text begin Social Work Scholarships
new text end

new text begin -0-
new text end
new text begin 5,000,000
new text end

new text begin (a) For the social work scholarship program
under article 2, section 23.
new text end

new text begin (b) The commissioner may use no more than
three percent of this appropriation to
administer the program.
new text end

new text begin (c) This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
expended or until June 30, 2027, whichever
occurs first.
new text end

Sec. 3. new text beginBOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND
UNIVERSITIES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 10,000,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Operations and Maintenance
new text end

new text begin -0-
new text end
new text begin 9,000,000
new text end

new text begin (a) $6,000,000 in fiscal year 2023 is to
maintain campus operations that deliver
excellent, affordable, accessible education that
is responsive to changes in the state's
educational needs.
new text end

new text begin (b) $2,000,000 in fiscal year 2023 is for the
mental health awareness program for students
required under Minnesota Statutes, section
136F.20, subdivision 4. The base for this
appropriation is $2,000,000 in fiscal year 2024
and later. Notwithstanding Laws 2021, First
Special Session chapter 2, article 1, section 3,
subdivision 3, paragraph (j), all unencumbered
balances for this program cancel at the close
of the biennium.
new text end

new text begin (c) $1,000,000 in fiscal year 2023 is for
colleges and universities to comply with the
student basic needs requirements under
Minnesota Statutes, section 136F.202. The
base for this appropriation is $1,000,000 in
fiscal year 2024 and later. Notwithstanding
Laws 2021, First Special Session chapter 2,
article 1, section 3, subdivision 3, paragraph
(k), all unencumbered balances for this
program cancel at the close of the biennium.
new text end

new text begin (d) $9,000,000 is added to the base
appropriation for operations and maintenance
in fiscal year 2024 and later established in
Laws 2021, First Special Session chapter 2,
article 1, section 3, subdivision 3, paragraph
(l).
new text end

new text begin Subd. 3. new text end

new text begin Career and Technical Educator Pilot
Project
new text end

new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin (a) To expand the career and technical
educator pilot project under Laws 2021, First
Special Session chapter 10, article 2, section
23, to three or more state universities in
partnership with state colleges. If practical,
the partnerships must result in a candidate
earning an associate's degree from a state
college and a bachelor's degree from a state
university.
new text end

new text begin (b) This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, unencumbered balances under this
section do not cancel until June 30, 2025.
new text end

new text begin (c) By January 1, 2025, the board must submit
a report on the career and technical educator
pilot project to the chairs and ranking minority
members of the legislative committees with
jurisdiction over higher education finance and
to the Legislative Reference Library as
provided by Minnesota Statutes, section 3.195.
The report must describe the implementation
of the pilot program, its outcomes, and
possibilities for expansion to additional
campuses.
new text end

Sec. 4. new text beginBOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 32,531,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Operations and Maintenance
new text end

new text begin -0-
new text end
new text begin 30,381,000
new text end

new text begin (a) $6,000,000 in fiscal year 2023 is for:
new text end

new text begin (1) targeted aid to those students who most
need support to offset tuition, fees, and other
costs of attendance items; and
new text end

new text begin (2) enhancing services that are specifically
focused on ensuring students flourish and
graduate in four years.
new text end

new text begin The base for this appropriation is $6,000,000
in fiscal year 2024 and later.
new text end

new text begin (b) $10,000,000 in fiscal year 2023 is for
improving campus safety protocols and
organizations and providing a safe campus
environment by:
new text end

new text begin (1) ensuring building access control and
camera coverage for all university buildings
across the system;
new text end

new text begin (2) achieving recognized standards for
building access control, video surveillance
coverage, and lighting for all system
campuses;
new text end

new text begin (3) supporting an advanced campus
monitoring center that monitors 24/7 campus
activities and provides an early warning
system for safety events; and
new text end

new text begin (4) securing access to the university's most
sensitive information systems and protecting
the data contained in them by mitigating
current vulnerabilities and building
foundational technical infrastructure and
processes that enable the institution to avoid
cybersecurity threats.
new text end

new text begin This is a onetime appropriation.
new text end

new text begin (c) $6,881,000 in fiscal year 2023 is for the
Natural Resources Research Institute (NRRI)
for a water and mineland remediation lab
expansion in Duluth and a new mineral
processing and metallurgy lab in Coleraine.
This is a onetime appropriation.
new text end

new text begin (d) $7,500,000 in fiscal year 2023 is for
advancing campus sustainability. Of this
amount:
new text end

new text begin (1) $5,000,000 is for the development of
campus sustainability and utility master plans
systemwide; and
new text end

new text begin (2) $2,500,000 is for implementation of
on-campus solar electricity generation.
new text end

new text begin This is a onetime appropriation.
new text end

new text begin (e) $6,000,000 is added to the operations and
maintenance base for fiscal year 2024 and later
established in Laws 2021, First Special
Session chapter 2, article 1, section 4,
subdivision 2, paragraph (f).
new text end

new text begin Subd. 3. new text end

new text begin 50-Year Clean Water Supply Plan
new text end

new text begin -0-
new text end
new text begin 650,000
new text end

new text begin (a) For the Water Council to develop a plan
to ensure that Minnesota has an abundant
supply of clean water for the next 50 years.
By December 1, 2023, the Water Council must
submit the plan to the chairs and ranking
minority members of the house of
representatives and senate committees and
divisions with jurisdiction over environment
and natural resources. The plan must:
new text end

new text begin (1) assess the current state of Minnesota's
waters, both surface water and groundwater,
throughout all geographic regions;
new text end

new text begin (2) identify any gaps in data or information
with respect to the quality and quantity of
Minnesota's waters and provide
recommendations to obtain any necessary data
and information; and
new text end

new text begin (3) identify opportunities for Minnesota to act
proactively to ensure that Minnesota has an
adequate supply of clean water for the next 50
years.
new text end

new text begin (b) This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Green Training Program Account
new text end

new text begin -0-
new text end
new text begin 1,500,000
new text end

new text begin (a) For transfer to the green training program
account in the special revenue fund under
Minnesota Statutes, section 137.035,
subdivision 1.
new text end

new text begin (b) The base for this appropriation is
$1,394,000 in fiscal year 2024 and later.
new text end

ARTICLE 2

POLICY

Section 1.

Minnesota Statutes 2021 Supplement, section 135A.137, subdivision 3, is
amended to read:


Subd. 3.

Competitive grant.

(a) Institutions eligible for a grant under this subdivision
include public postsecondary institutionsnew text begin, nonprofit private postsecondary institutions,new text end and
Tribal colleges.

(b) The commissioner shall establish a competitive grant program to distribute grants
to eligible institutions to meet and maintain the requirements under subdivision 1, paragraph
(a). Initial grants shall be made to institutions that have not earned the designation and
demonstrate a need for funding to meet the hunger-free campus designation requirements.
Sustaining grants shall be made to institutions that have earned the designation and
demonstrate both a partnership with a local food bank or organization that provides regular,
on-campus food distributions and a need for funds to maintain the requirements under
subdivision 1, paragraph (a).

(c) The commissioner shall give preference to applications for initial grants and to
applications from institutions with the highest number of federal Pell Grant eligible students
enrolled. The commissioner shall consider the head count at the institution when awarding
grants. The maximum grant award for an initial institution designation is $8,000. The
maximum grant award for sustaining an institution designation is $5,000.

(d) The commissioner, in collaboration with student associations representing eligible
institutions, shall create an application process and establish selection criteria for awarding
the grants.

Sec. 2.

Minnesota Statutes 2020, section 135A.15, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Affirmative consent. new text end

new text begin (a) The policy required under subdivision 1 shall include
a provision that establishes an affirmative consent standard. An institution's affirmative
consent standard, at a minimum, must incorporate the following elements:
new text end

new text begin (1) all parties to sexual activity must affirmatively express their consent to the activity;
new text end

new text begin (2) affirmative consent is freely and affirmatively communicated words or actions given
by an individual that a reasonable person under the circumstances would believe communicate
a willingness to participate in the sexual activity;
new text end

new text begin (3) affirmative consent must be knowing and voluntary and not the result of force,
coercion, or intimidation;
new text end

new text begin (4) silence, lack of protest, or failure to resist, without active indications of consent, is
not consent;
new text end

new text begin (5) consent to any one form of sexual activity does not by itself imply consent to any
other forms of sexual activity;
new text end

new text begin (6) consent may be withdrawn at any time;
new text end

new text begin (7) a previous relationship or prior consent does not by itself imply consent to future
sexual acts; and
new text end

new text begin (8) a person is deemed incapable of consenting when that person is:
new text end

new text begin (i) unable to communicate or understand the nature or extent of a sexual situation due
to mental or physical incapacitation or impairment; or
new text end

new text begin (ii) physically helpless, either due to the effects of drugs or alcohol, or because the person
is asleep.
new text end

new text begin (b) The affirmative consent standard must at least incorporate all elements of consent
as defined in section 609.341, but is not limited to the standard of consent as defined in that
section.
new text end

Sec. 3.

Minnesota Statutes 2020, section 135A.15, subdivision 8, is amended to read:


Subd. 8.

Comprehensive training.

(a) A postsecondary institution must provide campus
security officers and campus administrators responsible for investigating or adjudicating
complaints of sexual assault with comprehensive training on preventing and responding to
sexual assault in collaboration with the Bureau of Criminal Apprehension or another law
enforcement agency with expertise in criminal sexual conduct. The training for campus
security officers shall include a presentation on the dynamics of sexual assault,
neurobiological responses to trauma, and best practices for preventing, responding to, and
investigating sexual assault. The training for campus administrators responsible for
investigating or adjudicating complaints on sexual assault shall include presentations on
preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual
assault, neurobiological responses to trauma, and compliance with state and federal laws
on sexual assault.

(b) The following categories of students who attend, or will attend, one or more courses
on campus or will participate in on-campus activities must be provided sexual assault
training:

(1) students pursuing a degree or certificate;

(2) students who are taking courses through the Postsecondary Enrollment Options Act;
and

(3) any other categories of students determined by the institution.

Students must complete such training no later than ten business days after the start of a
student's first semester of classes. Once a student completes the training, institutions must
document the student's completion of the training and provide proof of training completion
to a student at the student's request. Students enrolled at more than one institution within
the same system at the same time are only required to complete the training once.

The training shall include information about topics including but not limited to sexual
assault as defined in subdivision 1a; consent as defined in section 609.341, subdivision 4;
new text begin the affirmative consent standard defined in subdivision 3a; new text endpreventing and reducing the
prevalence of sexual assault; procedures for reporting campus sexual assault; and campus
resources on sexual assault, including organizations that support victims of sexual assault.

(c) A postsecondary institution shall annually train individuals responsible for responding
to reports of sexual assault. This training shall include information about best practices for
interacting with victims of sexual assault, including how to reduce the emotional distress
resulting from the reporting, investigatory, and disciplinary process.

Sec. 4.

new text begin [135A.161] INCLUSIVE HIGHER EDUCATION TECHNICAL ASSISTANCE
CENTER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 135A.162, the
following terms have the meanings given.
new text end

new text begin (b) "Center" means the Inclusive Higher Education Technical Assistance Center.
new text end

new text begin (c) "Commissioner" means the commissioner of the Office of Higher Education.
new text end

new text begin (d) "Comprehensive transition and postsecondary program for students with intellectual
disabilities" means a degree, certificate, or nondegree program that is offered by an institute
of higher education for students with intellectual disabilities and approved by the United
States Department of Education.
new text end

new text begin (e) "Director" means the director of the Inclusive Higher Education Technical Assistance
Center.
new text end

new text begin (f) "Inclusive higher education" means institution-approved access to higher education
for students with an intellectual disability that allows for the same rights, privileges,
experiences, benefits, and outcomes that result from a college experience the same as a
matriculating student, resulting in a meaningful credential conferred by the institution of
higher education. Inclusive higher education includes:
new text end

new text begin (1) academic access and inclusive instruction;
new text end

new text begin (2) person-centered planning;
new text end

new text begin (3) career development;
new text end

new text begin (4) campus engagement;
new text end

new text begin (5) self-determination;
new text end

new text begin (6) paid internships and employment;
new text end

new text begin (7) on- or off-campus living, when available to other students;
new text end

new text begin (8) campus community clubs, events, and activity participation;
new text end

new text begin (9) peer mentors and support; and
new text end

new text begin (10) a degree, certificate, or nondegree credential.
new text end

new text begin (g) "National Coordinating Center" means the federally funded National Coordinating
Center providing support, coordination, training, and evaluation services for Transition and
Postsecondary Education Programs for Students with Intellectual Disabilities and other
inclusive higher education initiatives for students with intellectual disability nationwide.
new text end

new text begin (h) "Office" means the Office of Higher Education.
new text end

new text begin (i) "Student with an intellectual disability" means a student with an intellectual disability
as defined in Code of Federal Regulations, title 34, section 668.231.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner must contract with the Institute on
Community Integration at the University of Minnesota to establish the Inclusive Higher
Education Technical Assistance Center. The purpose of the center is to increase access to
self-sustaining postsecondary education options across Minnesota for students with an
intellectual disability to earn meaningful credentials through degree, certificate, and
nondegree initiatives leading to competitive integrated employment, genuine community
membership, and more independent living. The center must:
new text end

new text begin (1) coordinate and facilitate the statewide initiative to expand and enhance inclusive
higher education opportunities;
new text end

new text begin (2) provide expertise in inclusive higher education for students with an intellectual
disability;
new text end

new text begin (3) provide technical assistance:
new text end

new text begin (i) to Minnesota institutions of higher education;
new text end

new text begin (ii) to local education agencies; and
new text end

new text begin (iii) as requested by the commissioner; and
new text end

new text begin (4) provide information to students with intellectual disabilities and their families.
new text end

new text begin Subd. 3. new text end

new text begin Director; advisory committee. new text end

new text begin (a) The center must name a director.
new text end

new text begin (b) The director must appoint an advisory committee and seek the committee's review
and recommendations on broad programmatic direction. The advisory committee must be
composed of 50 percent students with an intellectual disability. The remaining positions
must be filled by family members, key stakeholders, and allies. The director must convene
the advisory committee at least quarterly. The advisory committee shall:
new text end

new text begin (1) review and recommend inclusive higher education offerings;
new text end

new text begin (2) review and recommend updates to state policy and practice;
new text end

new text begin (3) document existing and potential funding sources; and
new text end

new text begin (4) identify obstacles and barriers to students with an intellectual disability to access
inclusive higher education opportunities.
new text end

new text begin Subd. 4. new text end

new text begin Responsibilities. new text end

new text begin (a) The center must advise all Minnesota institutions of higher
education planning or that have an inclusive higher education initiative to follow and maintain
the accreditation standards and guiding principles for inclusive higher education as
established by the National Coordinating Center, as identified in the United States Code,
title 20, section 1140q. The center must offer technical assistance to Minnesota inclusive
higher education initiatives to remain in or achieve alignment with federal requirements
and with the standards, quality indicators, and benchmarks identified by the National
Coordinating Center.
new text end

new text begin (b) The center must monitor federal and state law related to inclusive higher education
and notify the governor, the legislature, and the Office of Higher Education of any change
in law which may impact inclusive higher education.
new text end

new text begin (c) The center must provide technical assistance to institutions of higher education,
administrators, faculty, and staff by:
new text end

new text begin (1) offering institution faculty and staff training and professional development to start,
operate, or enhance their inclusive higher education initiative;
new text end

new text begin (2) providing faculty and staff with information, training, and consultation on the
comprehensive transition and postsecondary program requirements, accreditation standards,
and guiding principles;
new text end

new text begin (3) organizing and offering learning community events, an annual inclusive higher
education conference and community of practice events to share best practices, provide
access to national experts, and address challenges and concerns;
new text end

new text begin (4) assisting institutions of higher education with identifying existing or potential funding
sources for the institution of higher education, student financial aid, and funding for students
with an intellectual disability; and
new text end

new text begin (5) advising faculty and staff with an inclusive higher education option of specific grant
applications and funding opportunities.
new text end

new text begin (d) The center must disseminate information to students with an intellectual disability,
their parents, and local education agencies, including but not limited to information about:
new text end

new text begin (1) postsecondary education options, services, and resources that are available at inclusive
institutions of higher education;
new text end

new text begin (2) technical assistance and training provided by the center, the National Coordinating
Center, and key stakeholder organizations and agencies; and
new text end

new text begin (3) mentoring, networking, and employment opportunities.
new text end

Sec. 5.

new text begin [135A.162] INCLUSIVE HIGHER EDUCATION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) The commissioner of the Office of Higher Education
in collaboration with the director of the Inclusive Higher Education Technical Assistance
Center must establish a competitive grant program for Minnesota institutions of higher
education to develop new or enhance existing inclusive higher education initiatives to enroll
or increase enrollment of students with an intellectual disability. The commissioner and
director must collaborate to establish the grant program framework, including:
new text end

new text begin (1) minimum grant requirements;
new text end

new text begin (2) application format;
new text end

new text begin (3) criteria for evaluating applications;
new text end

new text begin (4) grant selection process;
new text end

new text begin (5) milestones and accountability; and
new text end

new text begin (6) reporting.
new text end

new text begin (b) The commissioner must send a description of the competitive grants, including
materials describing the grant purpose and goals, an application, compliance requirements,
and available funding to each institution of higher education that meets the requirements
of subdivision 2, clauses (1) and (2).
new text end

new text begin Subd. 2. new text end

new text begin Eligible grantees. new text end

new text begin A public postsecondary two-year or four-year institution is
eligible to apply for a grant under this section if the institution:
new text end

new text begin (1) is accredited by the Higher Learning Commission; and
new text end

new text begin (2) meets the eligibility requirements under section 136A.103.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin (a) Applications must be made to the commissioner on a form
developed and provided by the commissioner. The commissioner must, to the greatest extent
possible, make the application form as short and simple to complete as is reasonably possible.
The commissioner must establish a schedule for applications and grants. The application
must include without limitation a written plan to develop or enhance a sustainable inclusive
higher education initiative that:
new text end

new text begin (1) offers the necessary supports to students with an intellectual disability to access the
same rights, privileges, experiences, benefits, and outcomes of a typically matriculating
student;
new text end

new text begin (2) includes the development of a meaningful credential for students with an intellectual
disability to attain upon successful completion of the student's postsecondary education;
new text end

new text begin (3) adopts admission standards that do not require a student with an intellectual disability
to complete a curriculum-based, achievement college entrance exam that is administered
nationwide;
new text end

new text begin (4) ensures that students with an intellectual disability:
new text end

new text begin (i) have access and choice in a wide array of academic courses to enroll in for credit or
audit that align with the student's interest areas and are attended by students without
disabilities;
new text end

new text begin (ii) have the option to live on or off campus in housing that is available to typically
matriculating students;
new text end

new text begin (iii) have access and support for genuine membership in campus life, including events,
social activities and organizations, institution facilities, and technology; and
new text end

new text begin (iv) are able to access and utilize campus resources available to typical matriculating
students;
new text end

new text begin (5) provides students with an intellectual disability with the supports and experiences
necessary to seek and sustain competitive integrated employment;
new text end

new text begin (6) develops and promotes the self-determination skills of students with an intellectual
disability;
new text end

new text begin (7) utilizes peer mentors who support enrolled students with an intellectual disability in
academic, campus engagement, residence life, employment, and campus clubs and
organizations;
new text end

new text begin (8) provides professional development and resources for university professors and
instructors to utilize universal design for learning and differentiated instruction that supports
and benefits all students; and
new text end

new text begin (9) presents a ten-year plan including student enrollment projections for sustainability
of an initiative that is financially accessible and equitable for all interested students with an
intellectual disability.
new text end

new text begin (b) Eligible institutions of higher education may apply for funding in subsequent years
for up to a total of ten years of funding.
new text end

new text begin Subd. 4. new text end

new text begin Grant account. new text end

new text begin An inclusive higher education grant account is created in the
special revenue fund for depositing money appropriated to or received by the commissioner
for the program. Money deposited in the account is appropriated to the commissioner, does
not cancel, and is continuously available for grants under this section. The commissioner
may use up to five percent of the amount deposited into the account for the administration
of this section.
new text end

new text begin Subd. 5. new text end

new text begin Grant awards. new text end

new text begin (a) The commissioner must award grants to eligible institutions
of higher education on a competitive basis using criteria established in collaboration with
the center. The commissioner must consider and prioritize applicants that have submitted
for or received a comprehensive transition and postsecondary program designation, or
applicants with documented progress or intent toward submitting for federal approval. An
eligible institution of higher education may apply annually for and receive up to $200,000
per year for four years and $100,000 in subsequent years pending performance and the
funding limitation in subdivision 3, paragraph (b).
new text end

new text begin (b) A grant recipient must:
new text end

new text begin (1) adopt the inclusive higher education national accreditation standards and guiding
principles as established by the National Coordinating Center;
new text end

new text begin (2) provide a 25 percent match for the grant funds, either monetary or in-kind; and
new text end

new text begin (3) collaborate with the Office of Higher Education, the center, and key stakeholders in
the development of the inclusive higher education initiative.
new text end

new text begin Subd. 6. new text end

new text begin Grantee reporting. new text end

new text begin By August 1 and January 1 following a fiscal year in which
a grant was received and for five years thereafter, the grantee must submit a report to the
director that includes the status and outcomes of the initiative funded. The report must
include performance indicators and information deemed relevant by the director and
commissioner. The report must include the following performance indicators:
new text end

new text begin (1) student recruitment and number of students enrolled;
new text end

new text begin (2) student retainment effort and retention rate;
new text end

new text begin (3) initiative goals and outcomes;
new text end

new text begin (4) student attainment rate;
new text end

new text begin (5) graduated student employment rates and salary levels at year one and year five after
completion; and
new text end

new text begin (6) additional performance indicators or information established under subdivision 1,
paragraph (a), clauses (5) and (6).
new text end

new text begin Subd. 7. new text end

new text begin Reporting. new text end

new text begin The director must evaluate the development and implementation
of the Minnesota inclusive higher education initiatives receiving a grant under this section.
The director must submit an annual report by October 1 on the progress to expand Minnesota
inclusive higher education options for students with intellectual disabilities to the
commissioner and chairs and ranking minority members of the legislative committees with
jurisdiction over higher education policy and finance. The report must include statutory and
budget recommendations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2022, except that the reporting
requirements under subdivision 7 are effective June 30, 2023.
new text end

Sec. 6.

new text begin [136A.0205] FREE COLLEGE GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner shall establish a free college
grant program to pay for the remaining financial needs of students attending state colleges.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A student is eligible for a free college grant if the student:
new text end

new text begin (1) receives a state grant award under section 136A.121; and
new text end

new text begin (2) is enrolled at a two-year institution within the Minnesota State Colleges and
Universities system.
new text end

new text begin Subd. 3. new text end

new text begin Award amounts. new text end

new text begin (a) The amount of the free college grant is equal to:
new text end

new text begin (1) the eligible student's allowance for tuition and fees under section 136A.121,
subdivision 6, after deducting:
new text end

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

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

new text begin (iii) the amount of any other state or federal gift aid received;
new text end

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

new text begin (v) the sum of all Tribal or private grants or scholarships;
new text end

new text begin (2) multiplied by:
new text end

new text begin (i) 100 percent if the student reports a family adjusted gross income less than $75,000;
new text end

new text begin (ii) 95 percent if the student reports a family adjusted gross income greater than or equal
to $75,000 and less than $80,000;
new text end

new text begin (iii) 90 percent if the student reports a family adjusted gross income greater than or equal
to $80,000 and less than $85,000;
new text end

new text begin (iv) 85 percent if the student reports a family adjusted gross income greater than or equal
to $85,000 and less than $90,000;
new text end

new text begin (v) 80 percent if the student reports a family adjusted gross income greater than or equal
to $90,000 and less than $95,000;
new text end

new text begin (vi) 75 percent if the student reports a family adjusted gross income greater than or equal
to $95,000 and less than $100,000;
new text end

new text begin (vii) 70 percent if the student reports a family adjusted gross income greater than or
equal to $100,000 and less than $105,000;
new text end

new text begin (viii) 65 percent if the student reports a family adjusted gross income greater than or
equal to $105,000 and less than $110,000;
new text end

new text begin (ix) 60 percent if the student reports a family adjusted gross income greater than or equal
to $110,000 and less than $115,000;
new text end

new text begin (x) 55 percent if the student reports a family adjusted gross income greater than or equal
to $115,000 and less than $120,000;
new text end

new text begin (xi) 50 percent if the student reports a family adjusted gross income greater than or equal
to $120,000 and less than $125,000; and
new text end

new text begin (xii) 0 percent if the student reports a family adjusted gross income greater than or equal
to $125,000.
new text end

new text begin (b) Eligible students are encouraged to apply for all other sources of financial aid.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The commissioner shall administer the free college grant
program consistent with the state grant program under section 136A.121. Any provisions
of section 136A.121 that do not conflict with this section apply to the free college grant
program.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The commissioner shall include spending projections for the free
college grant program in the report required under section 136A.121, subdivision 19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
commissioner shall begin offering grants under this section in the 2023-2024 academic
year.
new text end

Sec. 7.

Minnesota Statutes 2020, section 136A.121, subdivision 5, is amended to read:


Subd. 5.

Grant stipends.

The grant stipend shall be based on a sharing of responsibility
for covering the recognized cost of attendance by the applicant, the applicant's family, and
the government. The amount of a financial stipend must not exceed a grant applicant's
recognized cost of attendance, as defined in subdivision 6, after deducting the following:

(1) the assigned student responsibility of at least deleted text begin50deleted text endnew text begin 48new text end percent of the cost of attending
the institution of the applicant's choosing;

(2) the assigned family responsibility as defined in section 136A.101; and

(3) the amount of a federal Pell grant award for which the grant applicant is eligible.

The minimum financial stipend is $100 per academic year.

Sec. 8.

new text begin [136A.1251] STUDENT-PARENT SUPPORT INITIATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin (a) To address the needs and support the educational goals of
expectant and parenting college students across Minnesota, the commissioner shall award
grants and provide support services to institutions and partnering entities that assist parents
of young children and expectant parents. Grants shall be awarded to postsecondary
institutions, professional organizations, community-based organizations, or other applicants
deemed appropriate by the commissioner. Grants must be used to offer services to support
the academic goals, health, and well-being of student parents. Services and costs eligible
for grant funding include but are not limited to:
new text end

new text begin (1) program development costs;
new text end

new text begin (2) costs related to the start-up of on-campus child care;
new text end

new text begin (3) evaluation and data collection; and
new text end

new text begin (4) direct assistance to student parents including:
new text end

new text begin (i) scholarships;
new text end

new text begin (ii) basic needs support; and
new text end

new text begin (iii) expenses related to child care.
new text end

new text begin (b) Postsecondary institutions may act as the fiscal agents in partnership with a local
nongovernmental agency, child care center, or other organization that serves student parents.
new text end

new text begin Subd. 2. new text end

new text begin Application process. new text end

new text begin The commissioner shall develop a grant application
process. The commissioner shall support projects in a manner that attempts to ensure eligible
students throughout the state have access to program services.
new text end

new text begin Subd. 3. new text end

new text begin Health-related supports. new text end

new text begin The commissioner, in partnership with the Department
of Health, shall provide health-related supports. Activities for health-related supports include:
new text end

new text begin (1) ensuring programs, services, and materials are medically accurate, age appropriate,
culturally and linguistically appropriate, and inclusive of all populations;
new text end

new text begin (2) working with community health care providers and other service support organizations
that serve the target population for this program; and
new text end

new text begin (3) providing technical assistance and training for institutional parent support center
staff on how to conduct screenings and referrals for the health concerns of student parents,
including alcohol misuse, substance use disorders, depression, anxiety, intimate partner
violence, tobacco and nicotine, and other health concerns.
new text end

new text begin Subd. 4. new text end

new text begin Report and evaluation. new text end

new text begin By August 1 of each odd-numbered year, the
commissioner shall submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over higher education finance regarding the grant
recipients and their activities. The report shall include information about the students served,
the organizations providing services, program activities, program goals, and outcomes.
new text end

Sec. 9.

Minnesota Statutes 2021 Supplement, section 136A.126, subdivision 1, is amended
to read:


Subdivision 1.

Student eligibility.

The commissioner shall establish procedures for the
distribution of scholarships to a Minnesota resident student as defined under section
136A.101, subdivision 8, who:

(1) is of one-fourth or more Indian ancestry or is an enrolled member or citizen of a
federally recognized American Indian or Canadian First Nations tribe;

(2) has applied for other existing state and federal scholarship and grant programs;

(3) is meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10;

(4) is not in default, as defined by the office, of a federal or state student educational
loan;

(5) if enrolled in an undergraduate program, deleted text beginis eligible or would be eligible to receive
a federal Pell Grant or a state grant based on the federal needs analysis and
deleted text end is enrolled for
nine semester credits per term or more, or the equivalent; and

(6) if enrolled in a graduate program, demonstrates a remaining financial need in the
award amount calculation and is enrolled, per term, on a half-time basis or more as defined
by the postsecondary institution.

Sec. 10.

Minnesota Statutes 2021 Supplement, section 136A.126, subdivision 4, is amended
to read:


Subd. 4.

Award amount.

(a) Each student shall be awarded a scholarship based on the
federal need analysis. 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 3, after deducting:

(1) the expected family contribution as calculated by the federal need analysis;

(2) the amount of a federal Pell Grant award for which the applicant is eligible;

(3) the amount of the state grant;

(4) the federal Supplemental Educational Opportunity Grant;

(5) the sum of all institutional grants, scholarships, tuition waivers, and tuition remission
amounts;

(6) the sum of all Tribal scholarships;

(7) the amount of any other state and federal gift aid; and

(8) the amount of any private grants or scholarships.

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

(c) Awards are limited as follows:

(1) the maximum award for an undergraduate is deleted text begin$4,000deleted text endnew text begin $8,000new text end per academic year;

(2) the maximum award for a graduate student is deleted text begin$6,000deleted text endnew text begin $8,000new text end per academic year; and

(3) the minimum award for all students is $100 per academic year.

(d) Scholarships may not be given to any Indian student for more than three years of
study for a two-year degree, certificate, or diploma program or five years of study for a
four-year degree program at the undergraduate level and for more than five years at the
graduate level. Students may acquire only one degree per level and one terminal graduate
degree. Scholarships may not be given to any student for more than ten years including five
years of undergraduate study and five years of graduate study.

(e) Scholarships may be given to an eligible student for four quarters, three semesters,
or the equivalent during the course of a single fiscal year. In calculating the award amount,
the office must use the same calculation it would for any other term.

Sec. 11.

Minnesota Statutes 2021 Supplement, section 136A.1791, subdivision 5, is
amended to read:


Subd. 5.

Amount of loan repayment.

(a) To the extent funding is available, the annual
amount of teacher shortage loan repayment for an approved applicant shall not exceed
deleted text begin $1,000deleted text endnew text begin $2,000new text end or the cumulative balance of the applicant's qualified educational loans,
including principal and interest, whichever amount is less.

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

(c) No teacher shall receive more than five annual awards.

Sec. 12.

Minnesota Statutes 2021 Supplement, section 136F.20, subdivision 4, is amended
to read:


Subd. 4.

Mental health awareness program.

(a) The board shall implement a mental
health awareness program at each Minnesota state college and university by the start of the
2022-2023 academic year. A mental health awareness program shall include:

(1) a web page at each institution that includes links to existing self-assessment resources,
resources connecting students to campus and community-based resources, and emergency
contact information and resources;

(2) mandatory mental health first aid training, evidence-based suicide prevention training,
or other similar mental health training for faculty, staff, and students, giving priority to those
who serve in roles that include increased direct contact with students who are experiencing
mental health concerns, such as student housing and campus safety employees. Each college
and university shall identify the appropriate faculty, staff, and students to receive training
based on college or university structure and available funding;

(3) a session at each student orientation program that includes information about
maintaining good mental health, the symptoms of mental health conditions common among
college students, and mental health resources and services available to students;

(4) a messaging strategy to send students information on available mental health resources
and services at least once per term, and during periods of high academic stress; and

(5) distributing the suicide prevention helpline and text line contact information in a
way that increases accessibility and awareness of that information to students.

(b) The board shall create and maintain a mental health community of practice including
faculty and staff with subject matter expertise in mental health to identify resources and
best practices to inform campus-based strategies to raise awareness of local and state
resources and implement appropriate training experiences.

(c) The board shall make grants to Minnesota State Colleges and Universities to establish
a peer support pilot program designed to assist students with a mental health condition. The
program shall utilize student peers to support students living with mental health conditions
on campus. The peer support program may be housed within the counseling center, wellness
center, or resident assistance programs on campus. The peer support program leaders must
be trained to facilitate discussions on mental health, identify students who may be in crisis,
and refer students to programs for mental health support.

new text begin (d) The board shall pursue additional centralized mental health resources, training
opportunities, and support that will enhance student mental health capacity on college and
university campuses and in local communities.
new text end

Sec. 13.

Minnesota Statutes 2021 Supplement, section 136F.202, subdivision 1, is amended
to read:


Subdivision 1.

Basic needs resources.

(a) Each college and university shall create and
maintain a web page that clearly identifies basic needs resources available at the college or
university. This web page shall clearly identify at least one staff member, faculty member,
or department as a point of contact to whom students may direct questions. Each college
and university shall also make the information under this paragraph available on the college
or university mobile application, if possible.

(b) The board shall pursue the creation of a centralized basic needs online resource web
page that will raise awareness of campus-based resources available at colleges and
universities and local, state, and national resources that can assist in addressing basic needs
insecurity.

new text begin (c) The board shall pursue additional centralized basic needs resources, training
opportunities, and support that will enhance student basic needs capacity on college and
university campuses and in local communities.
new text end

Sec. 14.

Minnesota Statutes 2020, section 137.023, is amended to read:


137.023 deleted text beginUNIVERSITY STUDENT ONdeleted text end BOARD OF REGENTSnew text begin SEATS ASSIGNEDnew text end.

new text begin Subdivision 1. new text end

new text begin Seats assigned. new text end

new text begin(a) new text endIn electing members of the Board of Regents pursuant
to article 13, section 3, of the Constitution of the state of Minnesota, and Territorial Laws
1851, chapter 3, section 5deleted text begin,deleted text endnew text begin:
new text end

new text begin (1)new text end one member of the deleted text beginBoard of Regents of the universitydeleted text endnew text begin boardnew text end shall be a person who
at the time of election to the board is a student who is enrolled in a degree program at the
universitynew text begin;
new text end

new text begin (2) one member of the board must be a person who at the time of election to the board
is a tenured faculty member of the university; and
new text end

new text begin (3) one member of the board must represent a university employee organization, as
defined by section 179A.03, subdivision 6
new text end.

new text begin (b)new text end deleted text beginThis persondeleted text endnew text begin Persons elected under paragraph (a)new text end shall represent the state at large.
Upon expiration of the term or in the event of a vacancy in the office, deleted text beginone positiondeleted text endnew text begin the seats
assigned in paragraph (a)
new text end shall be filled by a person having the same qualifications.

new text begin Subd. 2. new text end

new text begin American Indian regent. new text end

new text begin At least one member of the Board of Regents shall
be an enrolled member of a federally recognized Indian Tribe within the state of Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
first at-large position to be elected following enactment of this section shall be assigned to
a tenured faculty member, and the next at-large position to be elected shall be assigned to
a representative of a university employee organization.
new text end

Sec. 15.

Minnesota Statutes 2020, section 137.024, is amended to read:


137.024 CONGRESSIONAL DISTRICTS REPRESENTED ON BOARD OF
REGENTS.

new text begin (a) new text endAt least one member of the Board of Regents of the university shall be a resident of
each congressional district.

new text begin (b) If legislative redistricting changes the boundaries of the state's congressional districts,
sitting regents representing specific congressional districts may fulfill their elected terms
on the Board of Regents. When a seat designated for a congressional district first becomes
vacant after redistricting, the legislature shall apply current district boundaries in order to
comply with paragraph (a).
new text end

new text begin (c) If, due to congressional apportionment, the state loses a congressional district, the
regent seat designated for that district shall represent the state at large. If the state gains a
congressional district, the next vacant at-large seat that is not reserved pursuant to section
137.023 must be assigned to the new district.
new text end

Sec. 16.

new text begin [137.0242] TERM LIMITS FOR UNIVERSITY REGENTS.
new text end

new text begin The legislature shall not elect a person to the Board of Regents of the university more
than twice.
new text end

Sec. 17.

Minnesota Statutes 2020, section 137.0245, subdivision 2, is amended to read:


Subd. 2.

Membership.

new text begin(a) new text endThe Regent Candidate Advisory Council shall consist of deleted text begin24deleted text endnew text begin
25
new text end members.

deleted text begin Twelvedeleted text endnew text begin (b) Fivenew text end members shall be appointed by the Subcommittee on Committees of
the Committee on Rules and Administration of the senate. deleted text beginTwelvedeleted text endnew text begin Fivenew text end members shall be
appointed by the speaker of the house. deleted text beginEach appointing authority must appoint one member
who is a student enrolled in a degree program at the University of Minnesota at the time of
appointment.
deleted text end No more than one-third of the members appointed by each appointing authority
may be current or former legislators. No more than two-thirds of the members appointed
by each appointing authority may belong to the same political party; however, political
activity or affiliation is not required for the appointment of any member. Geographical
representation must be taken into consideration when making appointments.

new text begin (c) Additional members of the council shall include:
new text end

new text begin (1) one current faculty member from each of the five University of Minnesota system
campuses, each of whom shall be appointed by the faculty senate of that faculty member's
campus, or, if no campus-specific faculty senate exists, by the university system's faculty
senate;
new text end

new text begin (2) the student body president of each of the five University of Minnesota system
campuses, or designees thereof; and
new text end

new text begin (3) one designee from each of the following entities:
new text end

new text begin (i) the Indian Affairs Council;
new text end

new text begin (ii) the Minnesota Council on Latino Affairs;
new text end

new text begin (iii) the Council for Minnesotans of African Heritage;
new text end

new text begin (iv) the Council on Asian-Pacific Minnesotans; and
new text end

new text begin (v) the Council on Disability.
new text end

new text begin (d)new text end Section 15.0575 shall govern the advisory council, except thatdeleted text begin:
deleted text end

deleted text begin (1)deleted text end the members shall be appointed to six-year terms deleted text beginwith one-third appointed each
even-numbered year; and
deleted text end

deleted text begin (2) student members are appointed to two-year terms with two students appointed each
even-numbered year
deleted text end.

new text begin (e) new text endA member may not serve more than two full terms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. By
September 1, 2022, the house and senate shall appoint one member to a term that expires
January 2024, two members to terms that expire January 2026, and two members to full
terms that expire January 2028. Members of the Regent Candidate Advisory Council at the
time of enactment may be reappointed, but remain subject to the two-term limit imposed
by this section.
new text end

Sec. 18.

Minnesota Statutes 2020, section 137.0245, subdivision 3, is amended to read:


Subd. 3.

Duties.

(a) The advisory council shall:

(1) develop, in consultation with current and former regents and the administration of
the University of Minnesota, a statement of the selection criteria to be applied and a
description of the responsibilities and duties of a regent, and shall distribute this to potential
candidates; and

(2) for each position on the board, identify and recruit qualified candidates for the Board
of Regents, based on the background and experience of the candidates, their potential for
discharging the responsibilities of a member of the Board of Regents, and the needs of the
board. deleted text beginThe selection criteria must not include a limitation on the number of terms an
individual may serve on the Board of Regents.
deleted text end

(b) The selection criteria developed under paragraph (a), clause (1), must include a
criterion that regents represent diversity in geography; gender; race; occupation, including
business and labor; and experience.

(c) The selection criterion must include an identification of the membership needs of
the board for individual skills relevant to the governance of the University of Minnesota
and the needs for certain individual characteristics. Individual characteristics relate to
qualities such as gender, race, and geographic location of residence.

Sec. 19.

Minnesota Statutes 2020, section 137.0246, is amended to read:


137.0246 REGENT NOMINATION AND ELECTION.

Subd. 2.

Regent nomination joint committee.

(a) The joint legislative committee
consists of the members of the higher education budget and policy divisions in each house
of the legislature. The chairs of the divisions from each body shall be cochairs of the joint
legislative committee. A majority of the members from each house is a quorum of the joint
committee.

(b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
resolution, the joint legislative committee shall meet to consider the advisory council's
recommendations for regent of the University of Minnesota for possible presentation to a
joint convention of the legislature.

(c) The joint committee may recommend to the joint convention candidates recommended
by the advisory council and the other candidates nominated by the joint committee. A
candidate other than those recommended by the advisory council may be nominated for
consideration by the joint committee only if the nomination receives the support of at least
three house of representatives members of the committee and two senate members of the
committee. A candidate must receive a majority vote of members from the house of
representatives and from the senate on the joint committee to be recommended to the joint
convention. The joint committee deleted text beginmaydeleted text endnew text begin mustnew text end recommend deleted text beginno more than one candidatedeleted text endnew text begin two
candidates
new text end for each vacancy. In recommending nominees, the joint committee must consider
the needs of the board of regents and the balance of the board membership with respect to
gender, racial, and ethnic composition.

new text begin Subd. 3. new text end

new text begin Joint convention to elect regents. new text end

new text begin At the joint convention of the senate and
house of representatives called to elect regents, the joint committee shall report the names
of the persons recommended for each vacancy. These persons are considered to be nominated.
No additional nominations may be submitted.
new text end

new text begin Subd. 4. new text end

new text begin Joint rules must conform to this section. new text end

new text begin The joint rules of the senate and
house of representatives must be amended to conform to the requirements of this section.
new text end

Sec. 20.

new text begin [137.035] GREEN TRAINING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin (a) A green training program account is established
in the special revenue fund. Money in the account is appropriated to the Board of Regents
to administer the green training program in accordance with this section. Appropriations to
the board for the program are for transfer to the account. Appropriations from the account
do not cancel and are available until expended.
new text end

new text begin (b) If the Board of Regents does not establish the committee as requested in subdivision
2, all unencumbered balances in the account shall cancel back to the general fund at the end
of the fiscal year.
new text end

new text begin Subd. 2. new text end

new text begin Committee established. new text end

new text begin (a) The Board of Regents is requested to establish a
green training program committee to administer funds in the program account and to appoint
members to the committee. At least 50 percent of the committee's members must represent
and be appointed by labor organizations for frontline service workers at the university.
Frontline service workers include those in the following job categories:
new text end

new text begin (1) food service worker and senior food service worker;
new text end

new text begin (2) cashier/food aide, junior cashier/food aide, and senior cashier/food aide;
new text end

new text begin (3) cook;
new text end

new text begin (4) baker;
new text end

new text begin (5) attendant and senior attendant;
new text end

new text begin (6) stores specialist;
new text end

new text begin (7) delivery service driver;
new text end

new text begin (8) laborer and senior laborer;
new text end

new text begin (9) waste treatment attendant;
new text end

new text begin (10) building and grounds worker and senior building and grounds worker;
new text end

new text begin (11) athletic grounds worker;
new text end

new text begin (12) packer helper;
new text end

new text begin (13) maintenance equipment operator and senior maintenance equipment operator;
new text end

new text begin (14) heavy equipment operator;
new text end

new text begin (15) farm equipment operator;
new text end

new text begin (16) mechanic 1, 2, and 3;
new text end

new text begin (17) copy center equipment operator and lead copy center operator;
new text end

new text begin (18) intercollegiate athletic equipment worker;
new text end

new text begin (19) farm animal attendant;
new text end

new text begin (20) gardener and senior gardener;
new text end

new text begin (21) assistant gardener;
new text end

new text begin (22) laboratory attendant and senior laboratory attendant;
new text end

new text begin (23) laboratory animal attendant;
new text end

new text begin (24) utility worker and senior utility worker; and
new text end

new text begin (25) hazardous material disposal specialist.
new text end

new text begin (b) Initial appointments to the committee shall be made no later than September 1, 2022.
Committee members shall serve for a term of three years and may be reappointed.
new text end

new text begin (c) The committee shall annually elect a chair and vice-chair from among its members,
and may elect other officers as necessary.
new text end

new text begin (d) The Board of Regents is requested to convene the first meeting of the committee no
later than October 1, 2022. Thereafter, the committee shall meet upon the call of the chair
or at the request of a majority of committee members.
new text end

new text begin Subd. 3. new text end

new text begin Committee duties. new text end

new text begin (a) The green training program committee shall oversee
and administer funds appropriated for the green training program. Program funds may be
used for the following purposes:
new text end

new text begin (1) education and training of university employees in fields determined by the committee,
including but not limited to:
new text end

new text begin (i) reduction in solid waste;
new text end

new text begin (ii) proper sorting of solid waste; and
new text end

new text begin (iii) reduction in energy usage; and
new text end

new text begin (2) training incentives for university employees in the form of a per-hour increase in
pay upon employee completion of training.
new text end

new text begin (b) The committee shall monitor industry issues and trends affecting solid waste
management, energy consumption, and other sustainability measures and make
recommendations to the Board of Regents regarding university practices in these areas.
new text end

new text begin (c) For the purposes of university employee training, the committee may procure direct
technical and educational assistance by using existing institutions and resources, including
but not limited to:
new text end

new text begin (1) local workforce investment boards;
new text end

new text begin (2) state colleges;
new text end

new text begin (3) labor organizations;
new text end

new text begin (4) administrative entities for service delivery areas under the federal Workforce
Investment Act or its successor statute; and
new text end

new text begin (5) nonprofit organizations and other entities that have expertise in providing technical
assistance regarding employee training in the fields determined by the committee under
paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Collective bargaining. new text end

new text begin By mutual agreement through collective bargaining
with frontline service worker unions, the Board of Regents may adopt additional rules and
procedures for the green training program, the program committee, and the use of green
training program account funds. These rules and procedures must not conflict with this
section.
new text end

new text begin Subd. 5. new text end

new text begin Report required. new text end

new text begin Not later than February 28 of each year, beginning in 2023,
the green training program committee shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over higher education policy and finance
concerning the state of the program account and account funds disbursed, together with any
recommendations and additional information the committee considers appropriate.
new text end

Sec. 21.

Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 35,
is amended to read:


Subd. 35.

Hunger-Free Campus Grants

205,000
102,000

For the Office of Higher Education to provide
initial and sustaining grants to Minnesota
public postsecondary institutionsnew text begin, nonprofit
private postsecondary institutions,
new text end and Tribal
colleges under Minnesota Statutes, section
deleted text begin 136F.245deleted text endnew text begin 135A.137new text end, subdivision deleted text begin4deleted text endnew text begin 3new text end, to meet
and maintain the criteria in that same section
to address food insecurity on campus.

Sec. 22.

Laws 2021, First Special Session chapter 2, article 2, section 45, is amended by
adding a subdivision to read:


new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2027.
new text end

Sec. 23.

new text begin SOCIAL WORK SCHOLARSHIP PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of the Office of Higher
Education shall establish a scholarship program for eligible students preparing to become
licensed social workers in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Eligible students. new text end

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

new text begin (1) a resident student as defined in Minnesota Statutes, section 136A.101;
new text end

new text begin (2) enrolled in a baccalaureate degree-granting social work program at an eligible
institution as defined in Minnesota Statutes, section 136A.101; and
new text end

new text begin (3) in good academic standing and making satisfactory academic progress as defined in
Minnesota Statutes, section 136A.101.
new text end

new text begin (b) To receive a scholarship under this section, a student must:
new text end

new text begin (1) apply in the form and manner specified by the commissioner; and
new text end

new text begin (2) sign a contract agreeing to fulfill the employment obligation under subdivision 4.
new text end

new text begin (c) A student may receive a scholarship under this section for no more than eight
semesters or the equivalent.
new text end

new text begin Subd. 3. new text end

new text begin Scholarship amounts. new text end

new text begin (a) The amount of a scholarship awarded under this
section shall be equal to the recipient's recognized cost of attendance after deducting:
new text end

new text begin (1) the amount of the federal Pell grant award for which the recipient is eligible;
new text end

new text begin (2) the amount of the state grant award for which the recipient is eligible;
new text end

new text begin (3) the amount of any other state or federal gift aid received; and
new text end

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

new text begin (b) For purposes of this section, the recognized cost of attendance for a public institution
has the meaning given in Code of Federal Regulations, title 20, chapter 28, subchapter IV,
part F, section 1087ll. The recognized cost of attendance for a private institution equals the
lesser of:
new text end

new text begin (1) the cost of attendance for the institution as calculated under Code of Federal
Regulations, title 20, chapter 28, subchapter IV, part F, section 1087ll; or
new text end

new text begin (2) an amount equal to the highest recognized cost of attendance at a public university.
new text end

new text begin (c) The scholarship shall be paid directly to the institution where the recipient is enrolled.
new text end

new text begin Subd. 4. new text end

new text begin Employment obligation. new text end

new text begin (a) Beginning within six months of the completion
of the academic program for which the scholarship was awarded, a scholarship recipient
must:
new text end

new text begin (1) be licensed with the Minnesota Board of Social Work; and
new text end

new text begin (2) be employed full time as a social worker in Minnesota for at least four years.
new text end

new text begin (b) A recipient who has completed the program for which the scholarship was awarded,
but who has not fulfilled the total employment obligation, must annually verify, in a form
and manner specified by the commissioner, that the recipient is employed in a position that
fulfills the employment obligation.
new text end

new text begin (c) If a recipient fails to meet the employment requirement, the commissioner shall
convert the recipient's total scholarship award to a student loan and collect from the
participant the total amount paid plus interest at a rate established according to Minnesota
Statutes, section 270C.40.
new text end

new text begin (d) The commissioner may waive or defer the employment obligation for a scholarship
recipient for continued graduate studies in social work or for circumstances involving
extreme hardship.
new text end

new text begin (e) Any obligation to fulfill the employment obligation cancels upon the death or
permanent and total disability of the scholarship recipient.
new text end

new text begin (f) The commissioner shall develop a contract to be signed by all scholarship applicants.
The contract shall bind the applicant to the employment obligation under this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Insufficient appropriation. new text end

new text begin If the amount appropriated for this program is
determined by the office to be insufficient to make full awards to all eligible applicants, the
commissioner shall prioritize awards to eligible applicants based on the applicants' individual
financial needs as determined by the federal needs analysis.
new text end

new text begin Subd. 6. new text end

new text begin Report required. new text end

new text begin By February 15 of each year, the commissioner of the Office
of Higher Education shall submit a report on the details of the program under this section
to the legislative committees with jurisdiction over higher education finance and policy and
to the Legislative Reference Library as provided by Minnesota Statutes, section 3.195. The
report shall include the following information:
new text end

new text begin (1) the number of students receiving an award in the previous year and the institutions
they attended;
new text end

new text begin (2) the average and total award amounts in the previous year, disaggregate by institution
attended;
new text end

new text begin (3) summary demographic data on award recipients in the previous year;
new text end

new text begin (4) data on recipients currently subject to the employment obligation under subdivision
4, including the number of recipients subject to the obligation, the number who are
successfully completing the obligation, the number who have had their scholarships converted
to loans; and the number who have had their obligation waived or deferred; and
new text end

new text begin (5) if the appropriation for the program was determined to be insufficient, an explanation
of measures taken under subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2027.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
commissioner shall begin offering scholarships under this section in the 2023-2024 academic
year.
new text end

Sec. 24. new text beginREQUEST TO THE BOARD OF REGENTS.
new text end

new text begin The Board of Regents of the University of Minnesota is requested to amend its policies
to permit a regent elected under Minnesota Statutes, section 137.023, subdivision 1, to serve
as a compensated university employee.
new text end

ARTICLE 3

OFFICE OF HIGHER EDUCATION

Section 1.

Minnesota Statutes 2020, section 136A.121, subdivision 18, is amended to
read:


Subd. 18.

Data.

(a) An eligible institution new text beginwhose students are eligible to receive funding
under sections 136A.095 to 136A.246
new text endmust provide to the office data on student enrollment
and federal and state financial aid.

(b) An institution or its agent must provide to the office aggregate and distributional
financial or other data as determined by the commissioner that is directly related to the
responsibilities of the office under this chapter. The commissioner may only request aggregate
and distributional data after establishing and consulting with a data advisory task force to
determine the need, content, and detail of the information. Data provided by nonpublic
institutions under this paragraph is considered nonpublic data under chapter 13.

Sec. 2.

Minnesota Statutes 2020, section 136A.1701, subdivision 11, is amended to read:


Subd. 11.

Data.

(a) An eligible institution new text beginwhose students are eligible to receive funding
under sections 136A.15 to 136A.1795 and licensed or registered under sections 136A.61
to 136A.834
new text endmust provide to the office data on student enrollment and federal and state
financial aid.

(b) An institution or its agent must provide to the office aggregate and distributional
financial or other data as determined by the commissioner that is directly related to the
responsibilities of the office under this chapter. The commissioner may only request aggregate
and distributional data after establishing and consulting with a data advisory task force to
determine the need, content, and detail of the information. Data provided by nonpublic
institutions under this paragraph is considered nonpublic data under chapter 13.

Sec. 3.

Minnesota Statutes 2020, section 136A.833, is amended to read:


136A.833 EXEMPTIONS.

Subdivision 1.

Application for exemptions.

A school that seeks an exemption from the
provisions of sections 136A.822 to 136A.834 for the school and all of its programs or some
of its programs must apply to the office to establish that the school new text beginor program new text endmeets the
requirements of an exemption. An exemption new text beginfor the school or program new text endexpires two years
from the date of approval or when a school adds a new program or makes a modification
equal to or greater than 25 percent to an existing educational program. If a school is
reapplying for an exemption, the application must be submitted to the office 90 days before
the current exemption expires. This exemption shall not extend to any school that uses any
publication or advertisement that is not truthful and gives any false, fraudulent, deceptive,
inaccurate, or misleading impressions about the school or its personnel, programs, services,
or occupational opportunities for its graduates for promotion and student recruitment.
deleted text begin Exemptions denied under this section are subject to appeal under section 136A.65,
subdivision 8
, paragraph (c)
deleted text endnew text begin If an exemption is denied, the office shall provide notice of the
right to appeal under chapter 14
new text end. If an appeal is initiated, the denial of the exemption is not
effective until the final determination of the appeal, unless immediate effect is ordered by
the court.

Subd. 2.

Exemption reasons.

Sections 136A.821 to 136A.832 shall not apply to the
following:

(1) public postsecondary institutions;

(2) postsecondary institutions registered under sections 136A.61 to 136A.71;

new text begin (3) postsecondary institutions exempt from registration under sections 136A.653,
subdivisions 2, 3, and 3a; 136A.657; and 136A.658;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end private career schools of nursing accredited by the state Board of Nursing or an
equivalent public board of another state or foreign country;

deleted text begin (4)deleted text endnew text begin (5)new text end private schools complying with the requirements of section 120A.22, subdivision
4
;

deleted text begin (5)deleted text endnew text begin (6)new text end courses taught to students in deleted text begina validdeleted text endnew text begin annew text end apprenticeship program new text beginregistered by the
United States Department of Labor or Minnesota Department of Labor and
new text endtaught by or
required by a trade union;

deleted text begin (6)deleted text endnew text begin (7)new text end private career schools exclusively engaged in training physically or mentally
disabled persons for the state of Minnesota;

deleted text begin (7)deleted text endnew text begin (8)new text end private career schools licensed by boards authorized under Minnesota law to
issue licenses new text beginfor training programs new text endexcept private career schools required to obtain a private
career school license due to the use of "academy," "institute," "college," or "university" in
their names;

deleted text begin (8)deleted text endnew text begin (9)new text end private career schools and educational programs, or training programs, contracted
for by persons, firms, corporations, government agencies, or associations, for the training
of their own employees, for which no fee is charged the employee;

deleted text begin (9)deleted text endnew text begin (10)new text end private career schools engaged exclusively in the teaching of purely avocational,
recreational, or remedial subjectsnew text begin, including adult basic education,new text end as determined by the
office except private career schools required to obtain a private career school license due
to the use of "academy," "institute," "college," or "university" in their names unless the
private career school used "academy" or "institute" in its name prior to August 1, 2008;

deleted text begin (10)deleted text endnew text begin (11)new text end classes, courses, or programs conducted by a bona fide trade, professional, or
fraternal organization, solely for that organization's membership;

deleted text begin (11)deleted text endnew text begin (12)new text end programs in the fine arts provided by organizations exempt from taxation under
section 290.05 and registered with the attorney general under chapter 309. For the purposes
of this clause, "fine arts" means activities resulting in artistic creation or artistic performance
of works of the imagination which are engaged in for the primary purpose of creative
expression rather than commercial sale or employment. In making this determination the
office may seek the advice and recommendation of the Minnesota Board of the Arts;

deleted text begin (12)deleted text endnew text begin (13)new text end classes, courses, or programs intended to fulfill the continuing education
requirements for licensure or certification in a profession, that have been approved by a
legislatively or judicially established board or agency responsible for regulating the practice
of the professionnew text begin or by an industry-specific certification entitynew text end, and that are offered
exclusively to deleted text beginan individual practicing the professiondeleted text endnew text begin individuals with the professional
licensure or certification
new text end;

deleted text begin (13)deleted text endnew text begin (14)new text end classes, courses, or programs intended to prepare students to sit for
undergraduate, graduate, postgraduate, or occupational licensing deleted text beginand occupationaldeleted text endnew text begin,
certification, or
new text end entrance examinations;

deleted text begin (14)deleted text endnew text begin (15)new text end classes, courses, or programs providing 16 or fewer clock hours of instruction
deleted text begin that are not part of the curriculum for an occupation or entry level employment except
private career schools required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in their names
deleted text end;

deleted text begin (15)deleted text endnew text begin (16)new text end classes, courses, or programs providing instruction in personal development,
modeling, or acting;

deleted text begin (16) training or instructional programs, in which one instructor teaches an individual
student, that are not part of the curriculum for an occupation or are not intended to prepare
a person for entry level employment;
deleted text end

(17) private career schools with no physical presence in Minnesota, as determined by
the office, engaged exclusively in offering distance instruction that are located in and
regulated by other states or jurisdictions if the distance education instruction does not include
internships, externships, field placements, or clinical placements for residents of Minnesota;
and

(18) private career schools providing exclusively training, instructional programs, or
courses where tuition, fees, and any other charges for a student to participate do not exceed
$100.

Sec. 4.

Minnesota Statutes 2021 Supplement, section 136A.91, subdivision 1, is amended
to read:


Subdivision 1.

Grants.

(a) The Office of Higher Education must establish a competitive
grant program for postsecondary institutions to expand concurrent enrollment opportunities.
To the extent that there are qualified applicants, the commissioner of the Office of Higher
Education shall distribute grant funds to ensure:

(1) eligible students throughout the state have access to concurrent enrollment programs;
and

(2) preference for grants that expand programs is given to programs already at capacity.

(b) The commissioner may award grants under this section to postsecondary institutions
for any of the following purposes:

(1) to develop new concurrent enrollment courses under section 124D.09, subdivision
10, that satisfy the elective standard for career and technical education; or

(2) to expand the existing concurrent enrollment programs already offered by the
postsecondary institution by:

(i) creating new sections within the same high school;

(ii) offering the existing course in new high schools; deleted text beginordeleted text endnew text begin and
new text end

(iii) supporting the preparation, recruitment, and success of students who are
underrepresented in concurrent enrollment classrooms.

Sec. 5.

Minnesota Statutes 2021 Supplement, section 136A.91, subdivision 2, is amended
to read:


Subd. 2.

Application.

deleted text begin(a)deleted text end The commissioner shall develop a grant application process.
A grant applicant must:

(1) specify the purpose under subdivision 1, paragraph (b), for which the institution is
applying;

(2) specify both program and student outcome goals;

(3) include student feedback in the development of new programs or the expansion of
existing programs; and

(4) demonstrate a commitment to equitable access to concurrent enrollment coursework
for all eligible high school students.

deleted text begin (b) A postsecondary institution applying for a grant under subdivision 1, paragraph (b),
clause (3), must provide a 50 percent match for the grant funds.
deleted text end

Sec. 6. new text beginREPEALER.
new text end

new text begin Minnesota Rules, part 4880.2500, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: H3872-1

4880.2500 CATEGORIES OF CHAPTER 141 SCHOOLS.

Subpart 1.

Definitions.

For purposes of this part, the following terms have the meanings given.

A.

"Examination" means an examination administered by a national or state testing body, the state of Minnesota, or the federal government for licensure or other certification in a profession or occupation.

B.

"Graduate" means an individual who has received a degree, diploma, or certificate for completion of a program during the most recent 12-month period that ended June 30 for which data are available.

C.

"Passing rate" means the number of the school's graduates who passed the examination, as reported by the testing agency, as a percent of the number of the school's graduates who took the examination during the most recent 12-month period ending June 30 for which data are available.

D.

"Placement" means a graduate who, within 12 months after graduation, has obtained a paid position of employment and the position is in an occupation related to the educational program, as reported by the graduate, the graduate's parent or guardian, spouse or domestic partner, adult sibling, employer, or instructional staff at the school.

E.

"Placement rate" means the number of graduates in a cohort who obtained employment related to their education program as a percent of the total number of graduates in the cohort. For purposes of this item, a "cohort" is a class or group of students of the school that graduate in the same year.

F.

"Program" means a vocational or professional program preparing students for an occupation which requires licensure or other certification by examination for entry into the occupation in Minnesota and completion of the program is required for admission to the examination. This definition applies only to a category C school under subpart 2, item C, subitem (3).

Subp. 2.

Categories of schools.

Schools licensed under Minnesota Statutes, chapter 141, must qualify under one of the two following categories of schools:

A.

A category A school must, for reporting purposes, satisfy all of the licensure requirements under parts 4880.1500 to 4880.2800 and Minnesota Statutes, chapter 141.

B.

A category B school must, for reporting purposes, satisfy all of the licensure requirements under parts 4880.1500 to 4880.2800, Minnesota Statutes, chapter 141, and meet all of the following applicable performance indicators:

(1)

the school must verify that it has achieved full institutional reaccreditation with an accreditation agency recognized by the United States Department of Education;

(2)

the school must have a cohort default rate equal to or less than an average of 15 percent for the previous three consecutive years, as calculated by the United States Department of Education;

(3)

the passing rate of the school's graduates on licensure or other certification examinations must be equal to or greater than 85 percent of the national or state passing rate, based on a minimum of ten graduates sitting for the examination in any one year;

(4)

the school must have a placement rate equal to or greater than 70 percent, based on a minimum of ten graduates from the school in any one year;

(5)

the school's withdrawal rate for the three most recent consecutive years, as established by the Code of Federal Regulations, title 34, section 668.16, paragraph (1), must not exceed 33 percent;

(6)

the school must receive a satisfactory audit by the office for the three most recent consecutive years. The school must provide evidence that it has adhered to:

(a)

the refund policy as specified in Minnesota Statutes, section 136A.827, or that any discrepancies noted by each audit report have been corrected within 90 days of issuance of the report to the school; and

(b)

the requirement for student records pursuant to Minnesota Statutes, chapter 141, including acceptable academic transcripts and student financial account records, or that any discrepancies noted in an audit report have been corrected within 90 days of issuance of the report to the school;

(7)

the school must provide evidence that there has been no determination of limitation, suspension, or termination by the United States Department of Education during the past five years; and

(8)

the school must verify annually there have been no unresolved student complaints related to Minnesota Statutes, chapter 141, or its attendant rules during the preceding 12 months immediately prior to the relicensure notification from the office. The office will notify a school in writing when the office has determined that a student complaint has been resolved.

Subp. 3.

Relicensure report.

Schools that meet the requirements of subpart 2, item A, are required to submit a full licensure report every year. Schools that meet the requirements of subpart 2, items B and C, are required to submit a full relicensure report once every four years and in the interim years will be exempt from the requirements of parts 4880.1700, subpart 6, and 4880.2100, subpart 4; and Minnesota Statutes, section 136A.822, subdivision 4, clauses (4), (5), and (8).