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HF 4029

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 02:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2020

Current Version - as introduced

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A bill for an act
relating to higher education; amending certain institutional approval provisions;
amending Minnesota Statutes 2018, sections 136A.657, subdivisions 1, 2;
136A.833, subdivision 1; 136A.834, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2018, section 136A.657, subdivision 1, is amended to read:


Subdivision 1.

Exemption.

deleted text begin Any deleted text end new text begin (a) A program is exempt from the provisions of sections
136A.61 to 136A.71 if it is:
new text end

new text begin (1) offered by anew text end school or any department or branch of a school deleted text begin(a) whichdeleted text endnew text begin thatnew text end is
substantially owned, operatednew text begin,new text end or supported by a bona fide church or religious organization;
deleted text begin (b) whose programs are
deleted text end

new text begin (2)new text end primarily designed for, aimed at and attended by persons who sincerely hold or seek
to learn the particular religious faith or beliefs of that church or religious organization; and

deleted text begin (c) whose programs aredeleted text endnew text begin (3)new text end primarily intended to prepare its students to become ministers
of, to enter into some other vocation closely related to, or to conduct their lives in consonance
with, the particular faith of that church or religious organizationdeleted text begin,deleted text endnew text begin.
new text end

deleted text begin is exempt from the provisions of sections 136A.61 to 136A.834.
deleted text end

new text begin (b) A school or a department or branch of a school is exempt from the provisions of
sections 136A.61 to 136A.71 if all of its programs are exempt under paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2018, section 136A.657, subdivision 2, is amended to read:


Subd. 2.

Limitation.

new text begin(a) new text endThis exemption shall not extend to any new text beginprogram or new text endschool or
to any department or branch of a school deleted text beginwhichdeleted text endnew text begin thatnew text end through advertisements or solicitations
represents to any students or prospective students that the school, its aims, goals, missions
or purposes or its programs are different from those described in subdivision 1.

new text begin (b)new text end This exemption shall not extend to any school deleted text beginwhichdeleted text endnew text begin thatnew text end represents to any student
or prospective student that the major purpose of its programs is tonew text begin:
new text end

new text begin (1)new text end prepare the student for a vocation not closely related to that particular religious faithdeleted text begin,deleted text endnew text begin;new text end
or deleted text beginto
deleted text end

new text begin (2)new text end provide the student with a general educational program recognized by other schools
or the broader educational, business or social community as being substantially equivalent
to the educational programs offered by schools or departments or branches of schools deleted text beginwhichdeleted text endnew text begin
that
new text end are not exempt from sections 136A.61 to 136A.71, and rules adopted pursuant thereto.

Sec. 3.

Minnesota Statutes 2018, section 136A.833, subdivision 1, is amended to read:


Subdivision 1.

Application for exemptions.

A school that seeks an exemption from the
provisions of sections 136A.822 to 136A.834new text begin for the school and all of its programs or some
of its programs
new text end must apply to the office to establish that the school meets the requirements
of an exemption. An exemption expires 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.

Sec. 4.

Minnesota Statutes 2018, section 136A.834, subdivision 1, is amended to read:


Subdivision 1.

Exemption.

deleted text begin Any deleted text end new text begin (a) A program is exempt from the provisions of sections
136A.821 to 136A.832 if it is:
new text end

new text begin (1) offered by anew text end private career school or any department or branch of a private career
schooldeleted text begin:
deleted text end

deleted text begin (1) whichdeleted text endnew text begin thatnew text end is substantially owned, operated, or supported by a bona fide church or
religious organization;

(2) deleted text beginwhose programs aredeleted text end primarily designed for, aimed at, and attended by persons who
sincerely hold or seek to learn the particular religious faith or beliefs of that church or
religious organization; and

(3) deleted text beginwhose programs aredeleted text end primarily intended to prepare its students to become ministers
of, to enter into some other vocation closely related to, or to conduct their lives in consonance
with the particular faith of that church or religious organizationdeleted text begin,deleted text endnew text begin.
new text end

deleted text begin is exempt from the provisions of sections 136A.821 to 136A.832.
deleted text end

new text begin (b) Any private career school or any department or branch of a private career school is
exempt from the provisions of sections 136A.821 to 136A.832 if all of its programs are
exempt under paragraph (a).
new text end

Sec. 5.

Minnesota Statutes 2018, section 136A.834, subdivision 2, is amended to read:


Subd. 2.

Limitations.

(a) An exemption shall not extend to any private career school,
department or branch of a private career school, or program of a private career school deleted text beginwhichdeleted text endnew text begin
that
new text end through advertisements or solicitations represents to any students or prospective students
that the school, its aims, goals, missions, purposes, or programs are different from those
described in subdivision 1.

(b) An exemption shall not extend to any private career school deleted text beginwhichdeleted text endnew text begin or program thatnew text end
represents to any student or prospective student that the major purpose of its programs is
to:

(1) prepare the student for a vocation not closely related to that particular religious faith;
or

(2) provide the student with a general educational program recognized by other private
career schools or the broader educational, business, or social community as being
substantially equivalent to the educational programs offered by private career schools or
departments or branches of private career schools which are not religious in nature and are
not exempt from sections 136A.82 to 136A.834 and from rules adopted under sections
136A.82 to 136A.834.