Minnesota Legislature
SF 2214
Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/09/2017 07:45pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2214
1.3relating to higher education; providing funding and policy changes for the Office
1.4of Higher Education, the Minnesota State Colleges and Universities, the University
1.5of Minnesota, and other related programs; modifying state grant program calculation
1.6parameters; requiring reports; appropriating money;amending Minnesota Statutes
1.72016, sections 135A.031, subdivision 7; 135A.15, subdivision 1a; 136A.101,
1.8subdivision 5a; 136A.125, subdivisions 2, 4; 136A.1275; 136A.685; 148.89,
1.9subdivision 5; Laws 2014, chapter 312, article 1, section 15; proposing coding for
1.10new law in Minnesota Statutes, chapters 136A; 148; 298.
1.11May 9, 2017
1.12The Honorable Michelle L. Fischbach
1.13President of the Senate
1.14The Honorable Kurt L. Daudt
1.15Speaker of the House of Representatives
1.16We, the undersigned conferees for S.F. No. 2214 report that we have agreed upon the
1.17items in dispute and recommend as follows:
1.18That the House recede from its amendments and that S.F. No. 2214 be further amended
1.19as follows:
1.20Delete everything after the enacting clause and insert:
1.24The sums shown in the columns marked "Appropriations" are appropriated to the agencies
1.25and for the purposes specified in this article. The appropriations are from the general fund,
1.26or another named fund, and are available for the fiscal years indicated for each purpose.
1.27The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.28them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
2.1"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
2.2is fiscal years 2018 and 2019.
2.10The amounts that may be spent for each
2.11purpose are specified in the following
2.12subdivisions.
2.14If the appropriation in this subdivision for
2.15either year is insufficient, the appropriation
2.16for the other year is available for it.
2.20If the appropriation in this subdivision for
2.21either year is insufficient, the appropriation
2.22for the other year is available to meet
2.23reciprocity contract obligations.
2.25This appropriation is to provide educational
2.26benefits under Minnesota Statutes, section
2.27299A.45, to eligible dependent children and
2.28to the spouses of public safety officers killed
2.29in the line of duty.
2.30If the appropriation in this subdivision for
2.31either year is insufficient, the appropriation
2.32for the other year is available for it.
3.1The commissioner must contract with or
3.2employ at least one person with demonstrated
3.3competence in American Indian culture and
3.4residing in or near the city of Bemidji to assist
3.5students with the scholarships under
3.6Minnesota Statutes, section 136A.126, and
3.7with other information about financial aid for
3.8which the students may be eligible. Bemidji
3.9State University must provide office space at
3.10no cost to the Office of Higher Education for
3.11purposes of administering the American Indian
3.12scholarship program under Minnesota Statutes,
3.13section 136A.126. This appropriation includes
3.14funding to administer the American Indian
3.15scholarship program.
3.17For tribal college assistance grants under
3.18Minnesota Statutes, section 136A.1796.
3.21For the intervention for college attendance
3.22program under Minnesota Statutes, section
3.23136A.861.
3.24The commissioner may use no more than two
3.25percent of this appropriation to administer the
3.26intervention for college attendance program
3.27grants.
4.1For a grant to United Family Medicine
4.2residency program. This appropriation shall
4.3be used to support up to 21 resident physicians
4.4each year in family practice at United Family
4.5Medicine residency programs and shall
4.6prepare doctors to practice family care
4.7medicine in underserved rural and urban areas
4.8of the state. It is intended that this program
4.9will improve health care in underserved
4.10communities, provide affordable access to
4.11appropriate medical care, and manage the
4.12treatment of patients in a cost-effective
4.13manner.
4.18For transfer to Hennepin County Medical
4.19Center for graduate family medical education
4.20programs at Hennepin County Medical Center.
4.23(a) $2,780,000 in fiscal year 2018 is for
4.24two-year public college program grants under
4.25Laws 2015, chapter 69, article 3, section 20.
4.26(b) $545,000 in fiscal year 2018 is to provide
4.27mentoring and outreach as specified under
4.28Laws 2015, chapter 69, article 3, section 20.
4.29(c) $156,000 in fiscal year 2018 is for
4.30information technology and administrative
4.31costs associated with implementation of the
4.32grant program.
5.1(a) This appropriation is for immediate transfer
5.2to College Possible to support programs of
5.3college admission and college graduation for
5.4low-income students through an intensive
5.5curriculum of coaching and support at both
5.6the high school and postsecondary level.
5.7(b) This appropriation must, to the extent
5.8possible, be proportionately allocated between
5.9students from greater Minnesota and students
5.10in the seven-county metropolitan area.
5.11(c) This appropriation must be used by College
5.12Possible only for programs supporting students
5.13who are residents of Minnesota and attending
5.14colleges or universities within Minnesota.
5.15(d) By February 1 of each year, College
5.16Possible must report to the chairs and ranking
5.17minority members of the legislative
5.18committees and divisions with jurisdiction
5.19over higher education and E-12 education on
5.20activities funded by this appropriation. The
5.21report must include, but is not limited to,
5.22information about the expansion of College
5.23Possible in Minnesota, the number of College
5.24Possible coaches hired, the expansion within
5.25existing partner high schools, the expansion
5.26of high school partnerships, the number of
5.27high school and college students served, the
5.28total hours of community service by high
5.29school and college students, and a list of
5.30communities and organizations benefiting
5.31from student service hours.
6.1For spinal cord injury and traumatic brain
6.2injury research grants authorized under
6.3Minnesota Statutes, section 136A.901.
6.4The commissioner may use no more than two
6.5percent of this appropriation to administer the
6.6grant program under this subdivision.
6.9For summer academic enrichment grants under
6.10Minnesota Statutes, section 136A.091.
6.11The commissioner may use no more than two
6.12percent of this appropriation to administer the
6.13grant program under this subdivision.
6.16For training grants under Minnesota Statutes,
6.17section 136A.246.
6.18The commissioner may use no more than two
6.19percent of this appropriation to administer the
6.20grant program under this subdivision.
6.23For transfer to the commissioner of labor and
6.24industry for identification of competency
6.25standards for dual training under Minnesota
6.26Statutes, section 175.45.
6.28(a) $225,000 in fiscal year 2018 and $225,000
6.29in fiscal year 2019 are for grants to develop
6.30new concurrent enrollment courses under
6.31Minnesota Statutes, section 124D.09,
6.32subdivision 10, that satisfy the elective
6.33standard for career and technical education.
7.1Any balance in the first year does not cancel
7.2but is available in the second year.
7.3(b) $115,000 in fiscal year 2018 and $115,000
7.4in fiscal year 2019 are for grants to
7.5postsecondary institutions currently
7.6sponsoring a concurrent enrollment course to
7.7expand existing programs. The commissioner
7.8shall determine the application process and
7.9the grant amounts. The commissioner must
7.10give preference to expanding programs that
7.11are at capacity. Any balance in the first year
7.12does not cancel but is available in the second
7.13year.
7.14(c) By December 1 of each year, the office
7.15shall submit a brief report to the chairs and
7.16ranking minority members of the legislative
7.17committees with jurisdiction over higher
7.18education regarding:
7.19(1) the courses developed by grant recipients
7.20and the number of students who enrolled in
7.21the courses under paragraph (a); and
7.22(2) the programs expanded and the number of
7.23students who enrolled in programs under
7.24paragraph (b).
7.26For the sexual assault reporting required under
7.27Minnesota Statutes, section 135A.15.
7.30For the Office of Higher Education to staff a
7.31campus sexual violence prevention and
7.32response coordinator to serve as a statewide
7.33resource providing professional development
7.34and guidance on best practices for
8.1postsecondary institutions. $50,000 each year
8.2are for administrative funding to conduct
8.3trainings and provide materials to
8.4postsecondary institutions.
8.7For the addiction medicine graduate fellowship
8.8program under Laws 2016, chapter 189, article
8.91, section 2, subdivision 4.
8.12For a grant to the Minnesota Chamber
8.13Foundation for the creation of a web-based
8.14job and intern-seeking software tool that blind
8.15matches the needs of employers located in
8.16Minnesota with the individual profiles of high
8.17school seniors and postsecondary students
8.18attending Minnesota high schools and
8.19postsecondary institutions. No more than two
8.20percent of this appropriation may be used for
8.21administrative expenses of the foundation. The
8.22foundation must report by January 15, 2019,
8.23on activities under this subdivision to the
8.24chairs and ranking minority members of the
8.25legislative committees with jurisdiction over
8.26higher education finance.
8.29(a) This appropriation is for the Office of
8.30Higher Education to allocate grant funds on a
8.31matching basis to schools with a demonstrable
8.32homeless student population.
8.33(b) This appropriation shall be used to meet
8.34immediate student needs that could result in
8.35a student not completing the term or their
9.1program including, but not limited to,
9.2emergency housing, food, and transportation.
9.3Emergency assistance does not impact the
9.4amount of state financial aid received.
9.5(c) The commissioner shall determine the
9.6application process and the grant amounts.
9.7Any balance in the first year does not cancel
9.8but shall be available in the second year. The
9.9Office of Higher Education shall partner with
9.10interested postsecondary institutions, other
9.11state agencies, and student groups to establish
9.12the programs.
9.14For grants to teacher candidates under
9.15Minnesota Statutes, section 136A.1275. This
9.16appropriation is in addition to the money
9.17available under Laws 2016, chapter 189,
9.18article 25, section 62, subdivision 11.
9.19The commissioner may use no more than two
9.20percent of the appropriation for administration
9.21of the program.
9.23For the loan forgiveness program under
9.24Minnesota Statutes, section 136A.1791.
9.25The commissioner may use no more than two
9.26percent of this appropriation to administer the
9.27program under this subdivision.
9.30For the large animal veterinarian loan
9.31forgiveness program under Minnesota Statutes,
9.32section 136A.1795.
10.1For deposit in the agricultural education loan
10.2forgiveness account.
10.5For the aviation degree loan forgiveness
10.6program under Minnesota Statutes, section
10.7136A.1789.
10.10For grants for students with intellectual and
10.11developmental disabilities under Minnesota
10.12Statutes, section 136A.1215.
10.14For a grant to the Loan Repayment Assistance
10.15Program of Minnesota to provide education
10.16debt relief to attorneys with full-time
10.17employment providing legal advice or
10.18representation to low-income clients or support
10.19services for this work.
10.21For a grant to Minnesota Life College for
10.22need-based scholarships and tuition reduction.
10.25A balance in the first year under this section
10.26does not cancel, but is available for the second
10.27year.
10.29The commissioner of the Office of Higher
10.30Education may transfer unencumbered
10.31balances from the appropriations in this
10.32section to the state grant appropriation, the
10.33interstate tuition reciprocity appropriation, the
10.34child care grant appropriation, the Indian
11.1scholarship appropriation, the state work-study
11.2appropriation, the get ready appropriation, and
11.3the public safety officers' survivors
11.4appropriation. Transfers from the child care
11.5or state work-study appropriations may only
11.6be made to the extent there is a projected
11.7surplus in the appropriation. A transfer may
11.8be made only with prior written notice to the
11.9chairs and ranking minority members of the
11.10senate and house of representatives
11.11committees with jurisdiction over higher
11.12education finance.
11.17The amounts that may be spent for each
11.18purpose are specified in the following
11.19subdivisions.
11.21For the Office of the Chancellor and the
11.22Shared Services Division.
11.23Notwithstanding section 136F.06, subdivision
11.243, the Board of Trustees must not renew its
11.25existing lease for the central office location,
11.26and must explore co-locating the central office
11.27on an existing system campus or campuses.
11.29(a) Of this amount, the Board of Trustees must
11.30transfer $100,000 for each campus not located
11.31in a metropolitan county, as defined in
11.32Minnesota Statutes, section 473.121,
11.33subdivision 4, in each year to the president of
11.34each institution that includes such a campus,
12.1provided that no institution may receive more
12.2than $300,000 under this paragraph. Funds
12.3appropriated under this paragraph are for
12.4enrollment, new program, and student success
12.5initiatives.
12.6(b) The Board of Trustees must establish
12.7tuition rates as follows:
12.8(1) for the 2017-2018 academic year, the
12.9tuition rate at colleges must not exceed the
12.102016-2017 academic year rate; and
12.11(2) for the 2018-2019 academic year, the
12.12tuition rate at universities must not exceed the
12.132017-2018 academic year rate, and the tuition
12.14rate at colleges must be reduced by at least
12.15one percent compared to the 2017-2018
12.16academic year rate.
12.17The student tuition relief may not be offset by
12.18increases in mandatory fees, charges, or other
12.19assessments to the student.
12.20(c) The Board of Trustees is requested to help
12.21Minnesota close the attainment gap by funding
12.22activities which improve retention and
12.23completion for students of color.
12.24(d) This appropriation includes $500,000 in
12.25fiscal year 2018 and $500,000 in fiscal year
12.262019 for workforce development scholarships
12.27under Minnesota Statutes, section 136F.38.
12.28(e) $200,000 each year is for transfer to the
12.29Cook County Higher Education Board to
12.30provide educational programming and
12.31academic support services to remote regions
12.32in northeastern Minnesota. The Cook County
12.33Higher Education Board shall continue to
12.34provide information to the Board of Trustees
13.1on the number of students served, credit hours
13.2delivered, and services provided to students.
13.3(f) $50,000 in fiscal year 2018 and $50,000 in
13.4fiscal year 2019 are for developing and
13.5teaching online agricultural courses by farm
13.6business management faculty at colleges that
13.7offer farm business management.
13.8(g) $175,000 in fiscal year 2018 and $175,000
13.9in fiscal year 2019 are for the
13.10veterans-to-agriculture pilot program
13.11established by Laws 2015, chapter 69, article
13.121, section 4, subdivision 3. The program shall
13.13continue to conform to the requirements of
13.14that subdivision. The appropriation shall be
13.15used to support, in equal amounts, up to six
13.16program sites statewide. No more than two
13.17percent of the total appropriation provided by
13.18this section may be used for administrative
13.19purposes at the system level.
13.20No later than December 15, 2018, the program
13.21shall report to the committees of the house of
13.22representatives and the senate with jurisdiction
13.23over issues related to agriculture, veterans
13.24affairs, and higher education on program
13.25operations, including information on
13.26participation rates, new job placements, and
13.27any unmet needs.
13.28(h) This appropriation includes $40,000 in
13.29fiscal year 2018 and $40,000 in fiscal year
13.302019 to implement the sexual assault policies
13.31required under Minnesota Statutes, section
13.32135A.15.
13.33(i) This appropriation includes $3,000,000 in
13.34fiscal year 2018 and $5,000,000 in fiscal year
14.12019 for upgrading the Integrated Statewide
14.2Record System.
14.3(j) $100,000 in fiscal year 2018 is for use by
14.4Winona State University for HealthForce
14.5Minnesota to develop educational materials
14.6that increase awareness of career opportunities
14.7available in the field of senior care. The
14.8educational materials developed under this
14.9provision must be appropriate for students in
14.10K-12 education settings, dislocated workers,
14.11and rural communities. Materials must be
14.12developed in collaboration with employers
14.13and trade organizations representing
14.14employers in the field of senior care.
14.15Winona State University shall submit a report
14.16by February 1, 2019, to the chairs and ranking
14.17minority members of the legislative
14.18committees with jurisdiction over higher
14.19education finance and policy. The report must
14.20include information about the materials
14.21developed, to whom materials were
14.22distributed, and identify any collaborations
14.23with employers and trade organizations.
14.32The amounts that may be spent for each
14.33purpose are specified in the following
14.34subdivisions.
15.2(a) $15,000,000 in fiscal year 2018 and
15.3$15,000,000 in fiscal year 2019 are to: (1)
15.4increase the medical school's research
15.5capacity; (2) improve the medical school's
15.6ranking in National Institutes of Health
15.7funding; (3) ensure the medical school's
15.8national prominence by attracting and
15.9retaining world-class faculty, staff, and
15.10students; (4) invest in physician training
15.11programs in rural and underserved
15.12communities; and (5) translate the medical
15.13school's research discoveries into new
15.14treatments and cures to improve the health of
15.15Minnesotans.
15.16(b) $6,800,000 in fiscal year 2018 and
15.17$8,800,000 in fiscal year 2019 are for health
15.18training restoration. This appropriation must
15.19be used to support all of the following: (1)
15.20faculty physicians who teach at eight residency
15.21program sites, including medical resident and
15.22student training programs in the Department
15.23of Family Medicine; (2) the Mobile Dental
15.24Clinic; and (3) expansion of geriatric
15.25education and family programs.
15.26(c) $1,000,000 in fiscal year 2018 and
15.27$1,000,000 in fiscal year 2019 are for the
15.28Minnesota Discovery, Research, and
15.29InnoVation Economy funding program for
15.30cancer care research.
15.31(d) $50,000 in fiscal year 2018 is to develop
15.32and implement a plan to offer the academic
15.33program for students with intellectual and
15.34developmental disabilities required in article
15.352, section 17. The Board of Regents must
16.1submit a report on the plan to the chairs and
16.2ranking minority members of the committees
16.3of the legislature with jurisdiction over higher
16.4education finance and policy no later than
16.5January 15, 2018. The report must describe
16.6program plans, including strategies for
16.7recruitment of applicants, and strategies to
16.8address anticipated program needs that cannot
16.9be filled using existing campus or system
16.10resources. This is a onetime appropriation.
16.11(e) $500,000 in fiscal year 2018 and $500,000
16.12in fiscal year 2019 are for the University of
16.13Minnesota, Morris branch, to cover the costs
16.14of tuition waivers under Minnesota Statutes,
16.15section 137.16.
16.17This appropriation is from the health care
16.18access fund.
16.21For the Agricultural Experiment Station and
16.22the Minnesota Extension Service:
16.23(1) the agricultural experiment stations and
16.24Minnesota Extension Service must convene
16.25agricultural advisory groups to focus research,
16.26education, and extension activities on producer
16.27needs and implement an outreach strategy that
16.28more effectively and rapidly transfers research
16.29results and best practices to producers
16.30throughout the state;
16.31(2) this appropriation includes funding for
16.32research and outreach on the production of
16.33renewable energy from Minnesota biomass
16.34resources, including agronomic crops, plant
17.1and animal wastes, and native plants or trees.
17.2The following areas should be prioritized and
17.3carried out in consultation with Minnesota
17.4producers, renewable energy, and bioenergy
17.5organizations:
17.6(i) biofuel and other energy production from
17.7perennial crops, small grains, row crops, and
17.8forestry products in conjunction with the
17.9Natural Resources Research Institute (NRRI);
17.10(ii) alternative bioenergy crops and cropping
17.11systems; and
17.12(iii) biofuel coproducts used for livestock feed;
17.13(3) this appropriation includes funding for the
17.14College of Food, Agricultural, and Natural
17.15Resources Sciences to establish and provide
17.16leadership for organic agronomic,
17.17horticultural, livestock, and food systems
17.18research, education, and outreach and for the
17.19purchase of state-of-the-art laboratory,
17.20planting, tilling, harvesting, and processing
17.21equipment necessary for this project;
17.22(4) this appropriation includes funding for
17.23research efforts that demonstrate a renewed
17.24emphasis on the needs of the state's agriculture
17.25community. The following areas should be
17.26prioritized and carried out in consultation with
17.27Minnesota farm organizations:
17.28(i) vegetable crop research with priority for
17.29extending the Minnesota vegetable growing
17.30season;
17.31(ii) fertilizer and soil fertility research and
17.32development;
18.1(iii) soil, groundwater, and surface water
18.2conservation practices and contaminant
18.3reduction research;
18.4(iv) discovering and developing plant varieties
18.5that use nutrients more efficiently;
18.6(v) breeding and development of turf seed and
18.7other biomass resources in all three Minnesota
18.8biomes;
18.9(vi) development of new disease-resistant and
18.10pest-resistant varieties of turf and agronomic
18.11crops;
18.12(vii) utilizing plant and livestock cells to treat
18.13and cure human diseases;
18.14(viii) the development of dairy coproducts;
18.15(ix) a rapid agricultural response fund for
18.16current or emerging animal, plant, and insect
18.17problems affecting production or food safety;
18.18(x) crop pest and animal disease research;
18.19(xi) developing animal agriculture that is
18.20capable of sustainably feeding the world;
18.21(xii) consumer food safety education and
18.22outreach;
18.23(xiii) programs to meet the research and
18.24outreach needs of organic livestock and crop
18.25farmers; and
18.26(xiv) alternative bioenergy crops and cropping
18.27systems; and growing, harvesting, and
18.28transporting biomass plant material; and
18.29(5) by February 1, 2019, the Board of Regents
18.30must submit a report to the legislative
18.31committees and divisions with jurisdiction
18.32over agriculture and higher education finance
19.1on the status and outcomes of research and
19.2initiatives funded in this paragraph.
19.4$346,000 each year is to support up to 12
19.5resident physicians in the St. Cloud Hospital
19.6family practice residency program. The
19.7program must prepare doctors to practice
19.8primary care medicine in rural areas of the
19.9state. The legislature intends this program to
19.10improve health care in rural communities,
19.11provide affordable access to appropriate
19.12medical care, and manage the treatment of
19.13patients in a more cost-effective manner. The
19.14remainder of this appropriation is for the rural
19.15physicians associates program; the Veterinary
19.16Diagnostic Laboratory; health sciences
19.17research; dental care; the Biomedical
19.18Engineering Center; and the collaborative
19.19partnership between the University of
19.20Minnesota and Mayo Clinic for regenerative
19.21medicine, research, clinical translation, and
19.22commercialization.
19.24For the geological survey and the talented
19.25youth mathematics program.
19.27For general research, the Labor Education
19.28Service, Natural Resources Research Institute,
19.29Center for Urban and Regional Affairs, Bell
19.30Museum of Natural History, and the
19.31Humphrey exhibit.
19.32$1,000,000 in fiscal year 2018 and $1,000,000
19.33in fiscal year 2019 are for the Natural
20.1Resources Research Institute to invest in
20.2applied research for economic development.
20.5This appropriation is for the following
20.6activities:
20.7(1) $7,491,000 in fiscal year 2018 and
20.8$7,491,000 in fiscal year 2019 are for the
20.9direct and indirect expenses of the
20.10collaborative research partnership between the
20.11University of Minnesota and the Mayo
20.12Foundation for research in biotechnology and
20.13medical genomics. An annual report on the
20.14expenditure of these funds must be submitted
20.15to the governor and the chairs of the legislative
20.16committees responsible for higher education
20.17finance by June 30 of each fiscal year.
20.18(2) $500,000 in fiscal year 2018 and $500,000
20.19in fiscal year 2019 are to award competitive
20.20grants to conduct research into the prevention,
20.21treatment, causes, and cures of Alzheimer's
20.22disease and other dementias.
20.24The appropriation for Academic Health Center
20.25funding under Minnesota Statutes, section
20.26297F.10, is estimated to be $22,250,000 each
20.27year.
20.30The amounts that may be spent are specified
20.31in the following subdivisions.
21.1The state must pay a capitation each year for
21.2each student who is a resident of Minnesota.
21.3The appropriation may be transferred between
21.4each year of the biennium to accommodate
21.5enrollment fluctuations. It is intended that
21.6during the biennium the Mayo Clinic use the
21.7capitation money to increase the number of
21.8doctors practicing in rural areas in need of
21.9doctors.
21.12The state must pay stipend support for up to
21.1327 residents each year.
21.16 Section 1. Minnesota Statutes 2016, section 43A.06, subdivision 1, is amended to read:
21.17 Subdivision 1. General. (a) The commissioner shall perform the duties assigned to the
21.18commissioner by sections3.855 ,
179A.01 to
179A.25 and this section.
21.19(b) The commissioner shall be the state labor negotiator for purposes of negotiating and
21.20administering agreements with exclusive representatives of employees and shall perform
21.21any other duties delegated by the commissioner subject to the limitations in paragraph (c).
21.22(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise
21.23the powers under this section for employees included in the units provided in clauses (9),
21.24(10), and (11) of section179A.10, subdivision 2 , except with respect to sections
43A.22 to
21.2543A.31
, which shall continue to be the responsibility of the commissioner. The commissioner
21.26shall have the right to review and comment to the Minnesota State Colleges and Universities
21.27on the board's final proposals prior to exchange of final positions with the designated
21.28bargaining units as well as any requests for interest arbitration. The legislature encourages
21.29the Board of Trustees, in coordination with the commissioner of management and budget
21.30and the Board of Regents of the University of Minnesota, to endeavor in collective bargaining
21.31negotiations to seek fiscal balance recognizing the ability of the employer to fund the
21.32agreements or awards. When submitting a proposed collective bargaining agreement to the
21.33Legislative Coordinating Commission and the legislature under section3.855, subdivision
21.342 , the Board of Trustees must use procedures and assumptions consistent with those
used
22.1by the commissioner in calculating the costs of the proposed contract. The Legislative
22.2Coordinating Commission must, when considering a collective bargaining agreement or
22.3arbitration award submitted by the Board of Trustees, evaluate market conditions affecting
22.4the employees in the bargaining unit, equity with other bargaining units in the executive
22.5branch, and the ability of the trustees and the state to fund the agreement or award.
22.6 Sec. 2. Minnesota Statutes 2016, section 135A.031, subdivision 7, is amended to read:
22.7 Subd. 7. Reports. (a) The University of Minnesota and the Minnesota State Colleges
22.8and Universities systems shall include in their biennial budget proposals to the legislature:
22.9 (1) a five-year history of systemwide expenditures, reported by:
22.10 (i) functional areas, including instruction, research, public service, student financial aid,
22.11and auxiliary services, and including direct costs and indirect costs, such as institutional
22.12support, academic support, student services, and facilities management, associated with
22.13each functional area; and
22.14 (ii) objects of expenditure, such as salaries, benefits, supplies, and equipment, including
22.15a full explanation of all material changes to the expenditure categories when compared to
22.16the prior fiscal year;
22.17 (2) a five-year history of the system's total instructional expenditures per full-year
22.18equivalent student, by level of instruction, including upper-division undergraduate,
22.19lower-division undergraduate, graduate, professional, and other categories of instructional
22.20programs offered by the system;
22.21 (3) a five-year history of the system's total revenues by funding source, including tuition,
22.22state operations and maintenance appropriations, state special appropriations, other restricted
22.23state funds, federal appropriations, sponsored research funds, gifts, auxiliary revenue, indirect
22.24cost recovery, and any other revenue sources;
22.25 (4) an explanation describing how state appropriations made to the system in the previous
22.26biennium were allocated and the methodology used to determine the allocation;
22.27 (5) data describing how the institution reallocated resources to advance the priorities set
22.28forth in the budget submitted under section135A.034 and the statewide objectives under
22.29section135A.011 . The information must indicate whether instruction and support programs
22.30received a reduction in or additional resources. The total amount reallocated must be clearly
22.31explained;
23.1 (6) the tuition rates and fees established by the governing board in each of the past ten
23.2years and comparison data for peer institutions and national averages;
23.3 (7) data on the number and proportion of students graduating within four, five, and six
23.4years from universities and within three years from colleges as reported in the integrated
23.5postsecondary education data system. These data must be provided for each institution by
23.6race, ethnicity, and gender. Data and information must be submitted that describe the system's
23.7plan and progress toward attaining the goals set forth in the plan to increase the number and
23.8proportion of students that graduate within four, five, or six years from a university or within
23.9three years from a college;
23.10 (8) data on, and the methodology used to measure, the number of students traditionally
23.11underrepresented in higher education enrolled at the system's institutions. Data and
23.12information must be submitted that describe the system's plan and progress toward attaining
23.13the goals set forth in the plan to increase the recruitment, retention, and timely graduation
23.14of students traditionally underrepresented in higher education;and
23.15 (9) data on the revenue received from all sources to support research or workforce
23.16development activities or the system's efforts to license, sell, or otherwise market products,
23.17ideas, technology, and related inventions created in whole or in part by the system. Data
23.18and information must be submitted that describe the system's plan and progress toward
23.19attaining the goals set forth in the plan to increase the revenue received to support research
23.20or workforce development activities or revenue received from the licensing, sale, or other
23.21marketing and technology transfer activities by the system;
23.22 (10) data on consulting contracts from the last two completed fiscal years for which the
23.23work is performed by a consultant who is not an employee of the system, for which the
23.24system paid in excess of $500,000. Data must include the name of the consultant, the total
23.25value of the contract, a description of the work completed, and a description of the reasons
23.26for using an outside consultant and not internal staff. Consulting contracts are defined as
23.27contracts from management, investment and financial advisory services, project management,
23.28computer/technology advisory services, and construction project management; and
23.29(11) aggregate data on the following:
23.30(i) student demographics;
23.31(ii) a five-year history of student enrollment, including student enrollment by legislative
23.32district;
23.33(iii) a five-year history of student debt;
24.1(iv) a five-year history of mandatory student fees by campus;
24.2(v) employee head count and employee demographics;
24.3(vi) facilities, including physical space overview, condition, square footage, distribution
24.4by region, any deferred maintenance, and capital bonding requested and received;
24.5(vii) administrative costs, including the definition of "administrators" used by the system,
24.6the total number of "administrators" as percent of total employee head count, and system
24.7office budget for Minnesota State Colleges and Universities as percent of total system
24.8general fund revenue; and
24.9 (viii) college and university operating budgets.
24.10 (b) Data required by this subdivision shall be submitted by the public postsecondary
24.11systems to the Minnesota Office of Higher Education and the Department of Management
24.12and Budget and included in the biennial budget document. Representatives from each system,
24.13in consultation with the commissioner of management and budget and the commissioner
24.14of the Office of Higher Education, shall develop consistent reporting practices for this
24.15purpose.
24.16 (c) To the extent practicable, each system shall develop the ability to respond to legislative
24.17requests for financial analyses that are more detailed than those required by this subdivision,
24.18including but not limited to analyses that show expenditures or revenues by institution or
24.19program, or in multiple categories of expenditures or revenues, and analyses that show
24.20revenue sources for particular types of expenditures.
24.21 Sec. 3. [135A.0434] MANDATORY STUDENT ACTIVITY FEES PROHIBITED.
24.22 Subdivision 1. Mandatory fee prohibition. (a) The governing board of a public
24.23postsecondary institution must not impose on students any mandatory fee funding
24.24noninstructional student programs, activities, groups, or services.
24.25(b) This section does not prohibit mandatory fees paid by students that are directly related
24.26to academic, administrative, or health services.
24.27(c) The Board of Regents of the University of Minnesota is requested to adopt a policy
24.28implementing this section.
24.29 Subd. 2. Penalty. If the Board of Regents of the University of Minnesota imposes a
24.30mandatory fee in violation of this section, the commissioner of management and budget
24.31must deduct an amount equal to the net revenue generated by that fee from the university's
24.32appropriation base in the first year of the next biennium.
25.1 Sec. 4. [135A.158] INFORMATION PROVIDED TO STUDENT PARENTS AND
25.2PREGNANT STUDENTS.
25.3A public or regionally accredited private postsecondary educational institution must
25.4provide information according to this section to students who are parents of one or more
25.5children age 12 or younger, and to students who notify the institution that they are pregnant.
25.6The information must include a fact sheet on the legal rights of student parents and pregnant
25.7students and a list of resources to support student parents and pregnant students. The list of
25.8resources may include resources for prenatal care, child care, transportation, and housing.
25.9This information must be available in languages that reflect the primary languages of the
25.10institution's student body.
25.11 Sec. 5. [136A.055] DEVELOPMENTAL EDUCATION REPORTING.
25.12(a) The commissioner must report on the department's Web site the following summary
25.13data on students who graduated from a Minnesota high school and are attending a public
25.14postsecondary institution in Minnesota, limited to the most recent academic school year:
25.15(1) the number of students placed in supplemental or developmental education;
25.16(2) the number of students who complete supplemental or developmental education
25.17within one academic year;
25.18(3) the number of students that complete gateway courses in one academic year; and
25.19(4) time to complete a degree or certificate at a postsecondary institution.
25.20(b) Summary data must be aggregated by school district, high school, and postsecondary
25.21institution. Summary data must be disaggregated by race, ethnicity, free or reduced-price
25.22lunch eligibility, and age.
25.23(c) The commissioner must post the initial data on the department's Web site on or before
25.24February 15, 2018, and must update the data at least annually thereafter.
25.25 Sec. 6. Minnesota Statutes 2016, section 136A.101, subdivision 5a, is amended to read:
25.26 Subd. 5a. Assigned family responsibility. "Assigned family responsibility" means the
25.27amount of a family's contribution to a student's cost of attendance, as determined by a federal
25.28need analysis. For dependent students, the assigned family responsibility is94 90 percent
25.29of the parental contribution. For independent students with dependents other than a spouse,
25.30the assigned family responsibility is86 82 percent of the student contribution. For
26.1independent students without dependents other than a spouse, the assigned family
26.2responsibility is50 46 percent of the student contribution.
26.3 Sec. 7. [136A.1215] GRANTS FOR STUDENTS WITH INTELLECTUAL AND
26.4DEVELOPMENTAL DISABILITIES.
26.5 Subdivision 1. Establishment. A program is established to provide financial assistance
26.6to students with intellectual and developmental disabilities that attend a Minnesota
26.7postsecondary institution.
26.8 Subd. 2. Eligible students. A postsecondary student is eligible for a grant under this
26.9section if the student:
26.10(1) meets the eligibility requirements in section 136A.121, subdivision 2;
26.11(2) is a student with an intellectual disability, as defined in Code of Federal Regulations,
26.12title 34, section 668.231, and is enrolled in a comprehensive transition and postsecondary
26.13program under that section; and
26.14(3) attends an eligible institution, as defined in section 136A.101, subdivision 4.
26.15 Subd. 3. Application. To receive a grant under this section, a student must apply in the
26.16form and manner specified by the commissioner.
26.17 Subd. 4. Grant amounts. (a) The amount of a grant under this section equals the tuition
26.18and fees at the student's postsecondary institution, minus:
26.19(1) any Pell or state grants the student receives; and
26.20(2) any institutional aid the student receives.
26.21(b) If appropriations are insufficient to provide the full amount calculated under paragraph
26.22(a) to all eligible applicants, the commissioner must reduce the grants of all recipients
26.23proportionally.
26.24 Subd. 5. Reporting. By February 15 of each year, the commissioner of higher education
26.25must submit a report on the details of the program under this section to the legislative
26.26committees with jurisdiction over higher education finance and policy. The report must
26.27include the following information, broken out by postsecondary institution:
26.28(1) the number of students receiving an award;
26.29(2) the average and total award amounts; and
26.30(3) summary demographic data on award recipients.
27.1 Sec. 8. Minnesota Statutes 2016, section 136A.125, subdivision 2, is amended to read:
27.2 Subd. 2. Eligible students. (a) An applicant is eligible for a child care grant if the
27.3applicant:
27.4 (1) is a resident of the state of Minnesota or the applicant's spouse is a resident of the
27.5state of Minnesota;
27.6 (2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled
27.7as defined in section125A.02 , and who is receiving or will receive care on a regular basis
27.8from a licensed or legal, nonlicensed caregiver;
27.9 (3) is income eligible as determined by the office's policies and rules, but is not a recipient
27.10of assistance from the Minnesota family investment program;
27.11 (4) either has not earned a baccalaureate degree and has been enrolled full time less than
27.12eight ten semesters or the equivalent, or has earned a baccalaureate degree and has been
27.13enrolled full time less thaneight ten semesters or the equivalent in a graduate or professional
27.14degree program;
27.15 (5) is pursuing a nonsectarian program or course of study that applies to an undergraduate,
27.16graduate, or professional degree, diploma, or certificate;
27.17 (6) is enrolled in at least six credits in an undergraduate program or one credit in a
27.18graduate or professional program in an eligible institution; and
27.19 (7) is in good academic standing and making satisfactory academic progress.
27.20 (b) A student who withdraws from enrollment for active military service after December
27.2131, 2002, because the student was ordered to active military service as defined in section
27.22190.05, subdivision 5b
or 5c, or for a major illness, while under the care of a medical
27.23professional, that substantially limits the student's ability to complete the term is entitled to
27.24an additional semester or the equivalent of grant eligibility and will be considered to be in
27.25continuing enrollment status upon return.
27.26 Sec. 9. Minnesota Statutes 2016, section 136A.125, subdivision 4, is amended to read:
27.27 Subd. 4. Amount and length of grants. (a) The amount of a child care grant must be
27.28based on:
27.29 (1) the income of the applicant and the applicant's spouse;
27.30 (2) the number in the applicant's family, as defined by the office; and
27.31 (3) the number of eligible children in the applicant's family.
28.1 (b) The maximum award to the applicant shall be$2,800 $3,000 for each eligible child
28.2per academic year, except that the campus financial aid officer may apply to the office for
28.3approval to increase grants by up to ten percent to compensate for higher market charges
28.4for infant care in a community. The office shall develop policies to determine community
28.5market costs and review institutional requests for compensatory grant increases to ensure
28.6need and equal treatment. The office shall prepare a chart to show the amount of a grant
28.7that will be awarded per child based on the factors in this subdivision. The chart shall include
28.8a range of income and family size.
28.9(c) Applicants with family incomes at or below a percentage of the federal poverty level,
28.10as determined by the commissioner, will qualify for the maximum award. The commissioner
28.11shall attempt to set the percentage at a level estimated to fully expend the available
28.12appropriation for child care grants. Applicants with family incomes exceeding that threshold
28.13will receive the maximum award minus ten percent of their income exceeding that threshold.
28.14If the result is less than zero, the grant is zero.
28.15(d) The academic year award amount must be disbursed by academic term using the
28.16following formula:
28.17(1) the academic year amount described in paragraph (b);
28.18(2) divided by the number of terms in the academic year;
28.19(3) divided by 15 for undergraduate students and six for graduate and professional
28.20students; and
28.21(4) multiplied by the number of credits for which the student is enrolled that academic
28.22term, up to 15 credits for undergraduate students and six for graduate and professional
28.23students.
28.24(e) Payments shall be made each academic term to the student or to the child care
28.25provider, as determined by the institution. Institutions may make payments more than once
28.26within the academic term.
28.27 Sec. 10. Minnesota Statutes 2016, section 136A.1275, is amended to read:
28.28136A.1275GRANTS TO STUDENT TEACHERS IN SHORTAGE AREAS
28.29TEACHER CANDIDATE GRANTS.
28.30 Subdivision 1. Establishment. (a) The commissioner of the Office of Higher Education
28.31must establish a grant program for student teaching stipends for low-income students enrolled
28.32in a Board of Teaching-approved teacher preparation program whoare interested in teaching
29.1in a high needs subject area or region intend to teach in a shortage area after graduating and
29.2receiving their teaching license or belong to an underrepresented racial or ethnic group.For
29.3purposes of this section, "high needs subject area or region" means a shortage of
teachers
29.4teaching in particular subject areas or a shortage of teachers teaching in particular
regions
29.5of the state identified in the commissioner of education's biennial survey of districts
under
29.6section
127A.05, subdivision 6, or in another Department of Education survey on teacher
29.7shortages.
29.8(b) "Shortage area" means a license field or economic development region within
29.9Minnesota defined as a shortage area by the Department of Education using data collected
29.10for the teacher supply and demand report under section 127A.05, subdivision 6, or other
29.11surveys conducted by the Department of Education that provide indicators for teacher supply
29.12and demand.
29.13 Subd. 2. Eligibility. To be eligible for a grant under this section, a teacher candidate
29.14must:
29.15(1) be enrolled in a Board of Teaching-approved teacher preparation program that requires
29.16at least 12 weeks of student teachingand results in the teacher candidate receiving in order
29.17to be recommended for a full professional teaching licenseenabling the licensee to teach
29.18in a high needs subject area or region; and
29.19(2) demonstrate financial need based on criteria established by the commissioner under
29.20subdivision 3;
29.21(3) intend to teach in a shortage area or belong to an underrepresented racial or ethnic
29.22group; and
29.23(4) be meeting satisfactory academic progress as defined under section 136A.101,
29.24subdivision 10.
29.25 Subd. 3. Administration; repayment. (a) The commissioner must establish an
29.26application process and other guidelines for implementing this program, including repayment
29.27responsibilities for stipend recipients who do not complete student teaching or who leave
29.28Minnesota to teach in another state during the first year after student teaching.
29.29(b) The commissioner must determine each academic year the stipend amount up to
29.30$7,500 based on the amount of available fundingand, the number of eligible applicants,
29.31and the financial need of the applicants.
29.32(c) The percentage of the total award reserved for teacher candidates who identify as
29.33belonging to an underrepresented racial or ethnic group must be equal to or greater than the
30.1total percentage of students of underrepresented racial or ethnic groups as measured under
30.2section 120B.35, subdivision 3. If this percentage cannot be met because of a lack of
30.3qualifying candidates, the remaining amount may be awarded to teacher candidates who
30.4intend to teach in a shortage area.
30.5 Sec. 11. [136A.1789] AVIATION DEGREE LOAN FORGIVENESS PROGRAM.
30.6 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
30.7have the meanings given them.
30.8(b) "Qualified aircraft technician" means an individual who (1) has earned an associate's
30.9or bachelor's degree from a postsecondary institution located in Minnesota, and (2) has
30.10obtained an aviation mechanic's certificate from the Federal Aviation Administration.
30.11(c) "Qualified education loan" means a government, commercial, or foundation loan
30.12used by an individual for actual costs paid for tuition to a postsecondary institution located
30.13in Minnesota for a professional flight training degree.
30.14(d) "Qualified pilot" means an individual who (1) has earned an associate's or bachelor's
30.15degree in professional flight training from a postsecondary institution located in Minnesota,
30.16and (2) is in the process of obtaining or has obtained an airline transport pilot certificate.
30.17 Subd. 2. Creation of account. (a) An aviation degree loan forgiveness program account
30.18is established to provide qualified pilots and qualified aircraft technicians with financial
30.19assistance in repaying qualified education loans. The commissioner must use money from
30.20the account to establish and administer the aviation degree loan forgiveness program.
30.21(b) Appropriations made to the aviation degree loan forgiveness program account do
30.22not cancel and are available until expended.
30.23 Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program
30.24under this section, an individual must:
30.25(1) be a qualified pilot or qualified aircraft technician;
30.26(2) have qualified education loans;
30.27(3) reside in Minnesota; and
30.28(4) submit an application to the commissioner in the form and manner prescribed by the
30.29commissioner.
30.30(b) An applicant selected to participate must sign a contract to agree to serve a minimum
30.31one-year full-time service obligation according to subdivision 4. To complete the service
31.1obligation, the applicant must work full time in Minnesota as a qualified pilot or qualified
31.2aircraft technician. A participant must complete one year of service under this paragraph
31.3for each year the participant receives an award under this section.
31.4 Subd. 4. Service obligation. (a) Before receiving loan repayment disbursements and as
31.5requested, a participant must verify to the commissioner that the participant is employed in
31.6a position that fulfills the service obligation as required under subdivision 3, paragraph (b).
31.7(b) If a participant does not fulfill the required service obligation, the commissioner
31.8must collect from the participant the total amount paid to the participant under the loan
31.9forgiveness program plus interest at a rate established according to section 270C.40. The
31.10commissioner must deposit the money collected in the aviation degree loan forgiveness
31.11account. The commissioner must allow waivers of all or part of the money owed the
31.12commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented
31.13fulfillment of the minimum service commitment.
31.14 Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each
31.15year for participation in the aviation degree loan forgiveness program, within the limits of
31.16available funding. Applicants are responsible for securing their own qualified education
31.17loans.
31.18(b) For each year that the participant meets the eligibility requirements under subdivision
31.193, the commissioner must make annual disbursements directly to:
31.20(1) a selected qualified pilot of $5,000 or the balance of the participant's qualified
31.21education loans, whichever is less; and
31.22(2) a selected qualified aircraft technician of $3,000 or the balance of the participant's
31.23qualified education loans, whichever is less.
31.24(c) An individual may receive disbursements under this section for a maximum of five
31.25years.
31.26(d) The participant must provide the commissioner with verification that the full amount
31.27of the loan repayment disbursement received by the participant has been applied toward the
31.28designated qualified education loan. After each disbursement, verification must be received
31.29by the commissioner and approved before the next repayment disbursement is made.
31.30(e) If the participant receives a disbursement in the participant's fifth year of eligibility,
31.31the participant must provide the commissioner with verification that the full amount of the
31.32participant's final loan repayment disbursement was applied toward the designated qualified
31.33education loan. If a participant does not provide the verification as required under this
32.1paragraph within six months of receipt of the final disbursement, the commissioner must
32.2collect from the participant the amount of the final disbursement. The commissioner must
32.3deposit the money collected in the aviation degree loan forgiveness program account.
32.4 Subd. 6. Rules. The commissioner may adopt rules to implement this section.
32.5 Sec. 12. [136A.1794] AGRICULTURAL EDUCATION LOAN FORGIVENESS
32.6PROGRAM.
32.7 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
32.8have the meanings given.
32.9(b) "Qualified education loan" means a government, commercial, or foundation loan for
32.10actual costs paid for tuition, reasonable education expenses, and reasonable living expenses
32.11related to the graduate or undergraduate education of a qualified teacher.
32.12(c) "Qualified teacher" means a teacher licensed under chapter 122A who:
32.13(1) is employed in a nonadministrative position teaching agricultural education in any
32.14grade from grades 5 through 12 at a Minnesota school during the current year; and
32.15(2) has completed an undergraduate or graduate program in agricultural education at a
32.16college or university approved by the state of Minnesota to prepare persons for teacher
32.17licensure.
32.18(d) "School" means the following:
32.19(1) a school or program operated by a school district or a group of school districts;
32.20(2) a tribal contract school eligible to receive aid according to section 124D.83;
32.21(3) a charter school; or
32.22(4) a private school.
32.23 Subd. 2. Account; appropriation. An agricultural education loan forgiveness account
32.24is established in the special revenue fund to provide qualified teachers with financial
32.25assistance to repay qualified education loans. Money in the account, including interest, is
32.26appropriated to the commissioner for purposes of this section.
32.27 Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program
32.28under this section, an individual must:
32.29(1) be a qualified teacher;
32.30(2) have qualified education loans; and
33.1(3) submit an application to the commissioner in the form and manner prescribed by the
33.2commissioner.
33.3(b) An applicant selected to participate must sign a contract to agree to serve a minimum
33.4one-year full-time service obligation according to subdivision 4. To complete the service
33.5obligation, the applicant must work full time in Minnesota as a qualified teacher. A participant
33.6must complete one year of service under this paragraph for each year the participant receives
33.7an award under this section.
33.8 Subd. 4. Service obligation. (a) Before receiving loan repayment disbursements and as
33.9requested, a participant must verify to the commissioner that the participant is employed in
33.10a position that fulfills the service obligation as required under subdivision 3, paragraph (b).
33.11(b) If a participant does not fulfill the required service obligation, the commissioner
33.12must collect from the participant the total amount paid to the participant under the loan
33.13forgiveness program plus interest at a rate established according to section 270C.40. The
33.14commissioner must deposit the money collected in the agricultural education loan forgiveness
33.15account. The commissioner must allow waivers of all or part of the money owed the
33.16commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented
33.17fulfillment of the minimum service commitment.
33.18 Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each
33.19year for participation in the agricultural education loan forgiveness program, within the
33.20limits of available funding. Applicants are responsible for securing their own qualified
33.21education loans.
33.22(b) The commissioner must make annual disbursements directly to the eligible participant
33.23of $3,000 or the balance of the participant's qualified education loans, whichever is less,
33.24for each year that the participant meets the eligibility requirements under subdivision 3, up
33.25to a maximum of five years.
33.26(c) The participant must provide the commissioner with verification that the full amount
33.27of the loan repayment disbursement received by the participant has been applied toward the
33.28designated qualified education loan. After each disbursement, verification must be received
33.29by the commissioner and approved before the next repayment disbursement is made.
33.30 Sec. 13. Minnesota Statutes 2016, section 136A.653, is amended by adding a subdivision
33.31to read:
33.32 Subd. 5. Regionally accredited institutions in Minnesota. (a) A regionally accredited
33.33postsecondary institution with its primary physical location in Minnesota is exempt from
34.1the provisions of sections 136A.61 to 136A.71, including related fees, when it creates new
34.2or modifies existing:
34.3(1) majors, minors, concentrations, specializations, and areas of emphasis within approved
34.4degrees;
34.5(2) nondegree programs within approved degrees;
34.6(3) underlying curriculum or courses;
34.7(4) modes of delivery; and
34.8(5) locations.
34.9(b) The institution must annually notify the commissioner of the exempt actions listed
34.10in paragraph (a) and, upon the commissioner's request, must provide additional information
34.11about the action.
34.12(c) The institution must notify the commissioner within 60 days of a program closing.
34.13(d) Nothing in this subdivision exempts an institution from the annual registration and
34.14degree approval requirements of sections 136A.61 to 136A.71.
34.15 Sec. 14. Minnesota Statutes 2016, section 136A.685, is amended to read:
34.16136A.685 PRIVATE INSTITUTIONS; ADJUDICATION OF FRAUD OR
34.17MISREPRESENTATION.
34.18The officeshall not provide may revoke, or deny an application for, registration or degree
34.19or name approval to a school if there has been a criminal, civil, or administrative adjudication
34.20of fraud or misrepresentation in Minnesota or in another state or jurisdiction against the
34.21school or its owner, officers, agents, or sponsoring organization. If the adjudication was
34.22related to a particular academic program, the office may revoke degree approval, or deny
34.23an application for degree approval, for that program only.
34.24The adjudication of fraud or misrepresentation is sufficient cause for the office to
34.25determine that a school:
34.26(1) does not qualify for exemption under section136A.657 ; or
34.27(2) is not approved to grant degrees or to use the term "academy," "college," "institute,"
34.28or "university" in its name.
35.1 Sec. 15. Minnesota Statutes 2016, section 136A.902, subdivision 1, is amended to read:
35.2 Subdivision 1. Membership. The commissioner shall appoint a12-member 14-member
35.3advisory council consisting of:
35.4(1) one member representing the University of Minnesota Medical School;
35.5(2) one member representing the Mayo Medical School;
35.6(3) one member representing the Courage Kenny Rehabilitation Center;
35.7(4) one member representing Hennepin County Medical Center;
35.8(5) one member who is a neurosurgeon;
35.9(6) one member who has a spinal cord injury;
35.10(7) one member who is a family member of a person with a spinal cord injury;
35.11(8) one member who has a traumatic brain injury;
35.12(9) one member who is a veteran who has a spinal cord injuryor a traumatic brain injury;
35.13(10) one member who is a veteran who has a traumatic brain injury;
35.14(11) one member who is a family member of a person with a traumatic brain injury;
35.15(11) (12) one member who is a physician specializing in the treatment of spinal cord
35.16injuryrepresenting Gillette Children's Specialty Healthcare; and
35.17(12) (13) one member who is a physician specializing in the treatment of traumatic brain
35.18injury; and
35.19(14) one member representing Gillette Children's Specialty Healthcare.
35.20 Sec. 16. [136F.38] WORKFORCE DEVELOPMENT SCHOLARSHIPS.
35.21 Subdivision 1. Program established. The board shall develop a scholarship program
35.22to incentivize new students to enter high-demand occupations upon graduation.
35.23 Subd. 2. Scholarship awards. The program shall award scholarships at the beginning
35.24of an academic term, in the amount of $2,500, to be distributed evenly between two terms.
35.25 Subd. 3. Program eligibility. (a) Scholarships shall be awarded only to a student eligible
35.26for resident tuition, as defined in section 135A.043, who is enrolled in any of the following
35.27programs of study or certification: (1) advanced manufacturing; (2) agriculture; (3) health
35.28care services; or (4) information technology.
36.1(b) The student must be enrolled for at least nine credits at a two-year college in the
36.2Minnesota State Colleges and Universities system.
36.3 Subd. 4. Renewal; cap. A student who has received a scholarship may apply again but
36.4total lifetime awards are not to exceed $5,000 per student. Students may only be awarded
36.5a second scholarship upon completion of two academic terms.
36.6 Subd. 5. Administration. (a) The board shall establish an application process and other
36.7guidelines for implementing this program.
36.8(b) The board shall give preference to students in financial need.
36.9 Subd. 6. Report required. The board must submit an annual report by February 1 of
36.10each year about the scholarship awards to the chairs and ranking minority members of the
36.11senate and house of representatives committees with jurisdiction over higher education
36.12finance and policy. The first report is due no later than February 1, 2019. The annual report
36.13shall describe the following:
36.14(1) the number of students receiving a scholarship at each two-year college during the
36.15previous fiscal year;
36.16(2) the number of scholarships awarded for each program of study or certification
36.17described in subdivision 3, paragraph (a);
36.18(3) the number of scholarship recipients who completed a program of study or certification
36.19described in subdivision 3, paragraph (a);
36.20(4) the number of scholarship recipients who secured employment by their graduation
36.21date and those who secured employment within three months of their graduation date;
36.22(5) a list of occupations scholarship recipients are entering; and
36.23(6) the number of students who were denied a scholarship.
36.24 Sec. 17. [137.45] PROGRAM FOR STUDENTS WITH INTELLECTUAL AND
36.25DEVELOPMENTAL DISABILITIES.
36.26 Subdivision 1. Program required. The Board of Regents of the University of Minnesota
36.27is requested to offer an academic program consistent with the requirements of this section
36.28for students with intellectual and developmental disabilities at the University of
36.29Minnesota-Morris.
36.30 Subd. 2. Enrollment and admission. The program must establish an enrollment goal
36.31of at least 15 incoming students per academic year. The board is requested to establish an
37.1application process for the program. A student who successfully completes the program
37.2must be awarded a certificate, diploma, or other appropriate academic credential.
37.3 Subd. 3. Curriculum and activities. (a) The program must provide an inclusive,
37.4full-time, two-year residential college experience for students with intellectual and
37.5developmental disabilities. The curriculum must include:
37.6(1) core courses that develop life skills, financial literacy, and the ability to live
37.7independently;
37.8(2) rigorous academic work in a student's chosen field of study; and
37.9(3) an internship, apprenticeship, or other skills-based experience to prepare for
37.10meaningful employment upon completion of the program.
37.11(b) In addition to academic requirements, the program must allow participating students
37.12the opportunity to engage fully in campus life. Program activities must include, but are not
37.13limited to:
37.14(1) the establishment of on-campus mentoring and peer support communities; and
37.15(2) opportunities for personal growth through leadership development and other
37.16community engagement activities.
37.17(c) The program may tailor its curriculum and activities to highlight academic programs,
37.18student and community life experiences, and employment opportunities unique to the campus
37.19or the region where the campus is located.
37.20 Subd. 4. Reporting. By January 15 of each year, the board must submit a report on the
37.21program to the chairs and ranking minority members of the committees in the house of
37.22representatives and the senate with jurisdiction over higher education finance and policy.
37.23The report must include, but need not be limited to, information regarding:
37.24(1) the number of students participating in the program;
37.25(2) program goals and outcomes; and
37.26(3) the success rate of participants.
37.27EFFECTIVE DATE.This section is effective beginning in the 2018-2019 academic
37.28year.
37.29 Sec. 18. [137.47] FETAL TISSUE RESEARCH.
37.30 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
37.31have the meanings given them.
38.1(b) "Aborted fetal tissue" means fetal tissue that is available as a result of an elective
38.2abortion.
38.3(c) "Fetal tissue" means any body part, organ, or cell of an unborn human child. Fetal
38.4tissue does not include tissue or cells obtained from a placenta, umbilical cord, or amniotic
38.5fluid.
38.6(d) "Institutional Review Board" or "IRB" means the University of Minnesota's
38.7Institutional Review Board, the primary unit responsible for oversight of human subjects
38.8research protections.
38.9(e) "Fetal Tissue Research Committee" or "FTR" means an oversight committee at the
38.10University of Minnesota with the responsibility to oversee, review, and approve or deny
38.11research using fetal tissue.
38.12(f) "Non-aborted fetal tissue" means fetal tissue that is available as a result of a
38.13miscarriage or stillbirth, or fetal tissue from a living unborn child.
38.14(g) "Research" means systematic investigation, including development, testing, and
38.15evaluation, designed to develop or contribute to generalizable knowledge. Research does
38.16not include a procedure or test administered to a particular patient by a physician for medical
38.17purposes.
38.18 Subd. 2. Approval by the Fetal Tissue Research Committee. (a) A researcher at the
38.19University of Minnesota must obtain approval from the FTR before conducting research
38.20using fetal tissue. The FTR must consider whether alternatives to fetal tissue would be
38.21sufficient for the research. If the proposed research involves aborted fetal tissue, the
38.22researcher must provide a written narrative justifying the use of aborted fetal tissue and
38.23discussing whether alternatives to aborted fetal tissue, including non-aborted fetal tissue,
38.24can be used.
38.25(b) The FTR must submit its decision to the IRB. The IRB is requested to review the
38.26conclusions of the FTR to ensure that all alternatives have been considered.
38.27 Subd. 3. Legislative report. (a) No later than January 15 of each year, the Board of
38.28Regents must submit a report to the chairs and ranking minority members of the legislative
38.29committees with jurisdiction over higher education policy and finance and health and human
38.30services policy and finance. The report must describe:
38.31(1) all fetal tissue research proposals submitted to the FTR or IRB, including any written
38.32narrative required under subdivision 2;
38.33(2) whether the research proposal involved aborted fetal tissue;
39.1(3) action by the FTR or IRB on all fetal tissue research proposals, including whether
39.2the proposal was approved by the FTR or IRB;
39.3(4) a list of all new or ongoing fetal tissue research projects at the university, including:
39.4(i) the date that the project was approved by the FTR or IRB;
39.5(ii) the source of funding for the project;
39.6(iii) the goal or purpose of the project;
39.7(iv) whether the fetal tissue used is aborted fetal tissue or non-aborted fetal tissue;
39.8(v) the source of the fetal tissue used;
39.9(vi) references to any publicly available information about the project, such as National
39.10Institutes of Health grant award information; and
39.11(vii) references to any publications resulting from the project.
39.12(b) The report must not include a researcher's name, other identifying information,
39.13contact information, or the location of a laboratory or office.
39.14 Subd. 4. Education on compliance to applicable laws and policies. The University
39.15of Minnesota is requested to conduct education programs for all students and employees
39.16engaged in research on fetal tissue. Programs are requested to include mandatory
39.17comprehensive training on applicable federal and state laws, university policies and
39.18procedures, and other professional standards related to the respectful, humane, and ethical
39.19treatment of fetal tissue in research.
39.20 Sec. 19. Minnesota Statutes 2016, section 148.89, subdivision 5, is amended to read:
39.21 Subd. 5. Practice of psychology. "Practice of psychology" means the observation,
39.22description, evaluation, interpretation, or modification of human behavior by the application
39.23of psychological principles, methods, or procedures for any reason, including to prevent,
39.24eliminate, or manage symptomatic, maladaptive, or undesired behavior and to enhance
39.25interpersonal relationships, work, life and developmental adjustment, personal and
39.26organizational effectiveness, behavioral health, and mental health. The practice of psychology
39.27includes, but is not limited to, the following services, regardless of whether the provider
39.28receives payment for the services:
39.29(1) psychological research and teaching of psychology subject to the exemptions in
39.30section 148.9075;
40.1(2) assessment, including psychological testing and other means of evaluating personal
40.2characteristics such as intelligence, personality, abilities, interests, aptitudes, and
40.3neuropsychological functioning;
40.4(3) a psychological report, whether written or oral, including testimony of a provider as
40.5an expert witness, concerning the characteristics of an individual or entity;
40.6(4) psychotherapy, including but not limited to, categories such as behavioral, cognitive,
40.7emotive, systems, psychophysiological, or insight-oriented therapies; counseling; hypnosis;
40.8and diagnosis and treatment of:
40.9(i) mental and emotional disorder or disability;
40.10(ii) alcohol and substance dependence or abuse;
40.11(iii) disorders of habit or conduct;
40.12(iv) the psychological aspects of physical illness or condition, accident, injury, or
40.13disability, including the psychological impact of medications;
40.14(v) life adjustment issues, including work-related and bereavement issues; and
40.15(vi) child, family, or relationship issues;
40.16(5) psychoeducational services and treatment; and
40.17(6) consultation and supervision.
40.18 Sec. 20. [148.9075] LICENSURE EXEMPTIONS.
40.19 Subdivision 1. Teaching and research. Nothing in sections 148.88 to 148.98 shall be
40.20construed to prevent a person employed in a secondary, postsecondary, or graduate institution
40.21from teaching and conducting research in psychology within an educational institution that
40.22is recognized by a regional accrediting organization or by a federal, state, county, or local
40.23government institution, agency, or research facility, so long as:
40.24(1) the institution, agency, or facility provides appropriate oversight mechanisms to
40.25ensure public protections; and
40.26(2) the person is not providing direct clinical services to a client or clients as defined in
40.27sections 148.88 to 148.98.
40.28 Subd. 2. Students. Nothing in sections 148.88 to 148.98 shall prohibit the practice of
40.29psychology under qualified supervision by a practicum psychology student, a predoctoral
40.30psychology intern, or an individual who has earned a doctoral degree in psychology and is
40.31in the process of completing their postdoctoral supervised psychological employment.
41.1 Sec. 21. [298.2215] COUNTY SCHOLARSHIP PROGRAM.
41.2 Subdivision 1. Establishment. A county may establish a scholarship fund from any
41.3unencumbered revenue received pursuant to section 298.018, 298.28, 298.39, 298.396, or
41.4298.405 or any law imposing a tax upon severed mineral values. Scholarships must be used
41.5at a two-year Minnesota State Colleges and Universities institution within the county. The
41.6county shall establish procedures for applying for and distributing the scholarships.
41.7 Subd. 2. Eligibility. An applicant for a scholarship under this section must be a resident
41.8of the county at the time of the applicant's high school graduation. The county may establish
41.9additional eligibility criteria.
41.10 Sec. 22. Laws 2014, chapter 312, article 1, section 15, is amended to read:
41.11 Sec. 15. UNIVERSITY OF MINNESOTA BASE ADJUSTMENT.
41.12 (a) For fiscal years 2016 to2041 2017, $3,500,000 is added to the base operations and
41.13maintenance appropriation to the Board of Regents of the University of Minnesota in Laws
41.142013, chapter 99, article 1, section 5.
41.15(b) For fiscal years 2018 to 2040, $3,312,000 is added to the base operations and
41.16maintenance appropriation to the Board of Regents of the University of Minnesota in Laws
41.172013, chapter 99, article 1, section 5.
41.18 Sec. 23. DEVELOPMENTAL EDUCATION REFORM.
41.19(a) The Board of Trustees of the Minnesota State Colleges and Universities shall create
41.20a plan to reform developmental education offerings on system campuses aimed at reducing
41.21the number of students placed into developmental education. The plan must include, but is
41.22not limited to:
41.23(1) a systemwide multiple measures placement plan to guide campuses in placement of
41.24students into developmental education courses;
41.25(2) uniform cut scores for student placement, where appropriate, which will lead to fewer
41.26students being placed into developmental education courses;
41.27(3) other identified system policy changes, including an appeals process, that will decrease
41.28the number of students being placed into developmental education courses;
41.29(4) accelerated pathways in mathematics, reading, and composition to ensure students
41.30can complete developmental education work in no more than one year, including allowing
41.31for students to complete college-level gateway courses in one year whenever possible;
42.1(5) a comprehensive examination of the cost structure of developmental education,
42.2including potential financial incentives for students or other mechanisms to lower the cost
42.3of developmental offerings for students; and
42.4(6) identified best practices and targeted support strategies such as the use of supplemental
42.5instruction, that may be used on every system campus around developmental education
42.6offerings.
42.7(b) The plan must include deadlines for implementation of proposed changes and must
42.8be submitted to the chairs and ranking minority members of the legislative committees with
42.9jurisdiction over higher education finance and policy by February 15, 2018.
42.10(c) The plan, in its entirety, shall be implemented by the start of the 2020-2021 academic
42.11term, with individual provisions being implemented earlier as dictated by the plan.
42.12 Sec. 24. GREATER MINNESOTA OUTREACH AND RECRUITMENT.
42.13The Board of Regents of the University of Minnesota is requested to develop a plan to
42.14conduct outreach and recruitment of students from Minnesota, specifically identifying
42.15mechanisms to increase the number of students from greater Minnesota who are admitted
42.16to the university campus located in the metropolitan area. Greater Minnesota is defined as
42.17any area other than the area described in Minnesota Statutes, section 473.121, subdivision
42.184. The plan must be submitted to the chairs and ranking members of the senate and house
42.19of representatives legislative committees with jurisdiction over higher education finance
42.20and policy by February 15, 2018.
42.21 Sec. 25. UNIVERSITY OF MINNESOTA FETAL TISSUE RESEARCH;
42.22LEGISLATIVE AUDITOR REVIEW.
42.23(a) The legislative auditor is requested to complete a comprehensive review of the use
42.24of fetal tissue in research activities at the University of Minnesota. The review must include:
42.25(1) the total number of research activities in which fetal tissue is currently or has been
42.26previously used, including those that are in progress and those that have been completed;
42.27(2) the cost of acquiring fetal tissues for use in research activities, itemized by the source
42.28of funds used for procurement, including funds from federal, state, and other public sources,
42.29and funds derived from student tuition and fees;
42.30(3) the extent to which the conduct of the research activities complies with applicable
42.31federal and state laws related to acquisition, sale, handling, and disposition of human tissues,
42.32including fetal tissues;
43.1(4) the extent to which the conduct of the research activities complies with applicable
43.2Board of Regents policies and procedures related to acquisition, sale, handling, and
43.3disposition of human tissues, including fetal tissues; and
43.4(5) whether applicable Board of Regents policies include provisions to ensure fetal tissue
43.5is used in research activities only when necessary, and to ensure that the research activities
43.6are conducted in an ethical manner, including whether procedures and protocols for oversight
43.7have been implemented to verify compliance with these policies.
43.8(b) As used in this section, "research activities" include any academic fetal tissue research
43.9or fetal tissue transplantation research activity or program conducted in a University of
43.10Minnesota facility, or that is supported, directly or indirectly, by University of Minnesota
43.11funds.
43.12EFFECTIVE DATE.This section is effective the day following final enactment. The
43.13legislative auditor is requested to complete the review no later than one year following final
43.14enactment.
43.15 Sec. 26. STATE GRANT REPORT.
43.16(a) The commissioner of higher education must report to the legislature the estimated
43.17amount of funding necessary for the state grant program to fully meet the financial aid needs
43.18of lower- and middle-income Minnesota college students based on the program's shared
43.19responsibility design. The report must include an estimate of:
43.20(1) the amount a student should be expected to contribute toward the cost of education
43.21through borrowing and employment;
43.22(2) the amount a student's family should be expected to contribute toward the cost of
43.23education, based on the family's financial circumstances;
43.24(3) the actual living and miscellaneous expenses of a student, including room, board,
43.25transportation, and the cost of textbooks; and
43.26(4) equitable tuition maximums for public and nonprofit institutions that reflect both
43.27tuition charged and the subsidy provided to all students at public institutions received through
43.28direct appropriations.
43.29(b) The commissioner must submit the report to the higher education committees of the
43.30legislature by October 15, 2017.
44.1 Sec. 27. UNIVERSITY OF MINNESOTA TUITION.
44.2(a) For the 2018-2019 and 2019-2020 academic years, the Board of Regents of the
44.3University of Minnesota is encouraged to continue to adopt tuition schedules for the
44.4University of Minnesota Twin Cities campus that:
44.5(1) move the nonresident undergraduate tuition rate for a full-time student toward the
44.6median nonresident undergraduate tuition rate for public Big Ten universities;
44.7(2) move the resident undergraduate tuition rate for a full-time student toward the median
44.8of resident undergraduate tuition rates for public Big Ten universities;
44.9(3) move the nonresident graduate tuition rate in each graduate program for a full-time
44.10student toward the median of nonresident graduate tuition rates for public Big Ten universities
44.11with a similar program; and
44.12(4) move the resident graduate tuition rate in each graduate program for a full-time
44.13student toward the median of resident graduate tuition rates for public Big Ten universities
44.14with a similar program.
44.15(b) For purposes of this section, "public Big Ten university" means the flagship campus
44.16for public universities that are members of the Big Ten Conference.
44.17 Sec. 28. LIVING AND MISCELLANEOUS EXPENSE ALLOWANCE.
44.18The living and miscellaneous expense allowance for the state grant program under
44.19Minnesota Statutes, section 136A.121, for the biennium ending June 30, 2019, is set at
44.20$9,320 for each fiscal year of the biennium.
44.21 Sec. 29. ONGOING APPROPRIATION.
44.22The appropriation under Laws 2016, chapter 189, article 25, section 62, subdivision 11,
44.23may be used to provide grants for any purpose under Minnesota Statutes, section 136A.1275.
44.26 Section 1. Minnesota Statutes 2016, section 135A.15, subdivision 1a, is amended to read:
44.27 Subd. 1a. Sexual assault definition. For the purposes of this section, "sexual assault"
44.28meansforcible sex offenses rape, sex offenses - fondling, sex offenses - incest, or sex
44.29offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart
44.30D, appendix A, as amended.
45.1 Sec. 2. Minnesota Statutes 2016, section 136A.103, is amended to read:
45.2136A.103 INSTITUTION ELIGIBILITY REQUIREMENTS.
45.3 (a) A postsecondary institution is eligible for state student aid under chapter 136A and
45.4sections197.791 and
299A.45 , if the institution is located in this state and:
45.5 (1) is operated by this state or the Board of Regents of the University of Minnesota; or
45.6 (2) is operated privately and, as determined by the office, meets the requirements of
45.7paragraph (b).
45.8 (b) A private institution must:
45.9 (1) maintain academic standards substantially equivalent to those of comparable
45.10institutions operated in this state;
45.11 (2) be licensed or registered as a postsecondary institution by the office; and
45.12 (3)(i) by July 1, 2010, participate in the federal Pell Grant program under Title IV of
45.13the Higher Education Act of 1965, Public Law 89-329, as amended; or
45.14 (ii) if an institution was participating in state student aid programs as of June 30, 2010,
45.15and the institution did not participate in the federal Pell Grant program by June 30, 2010,
45.16the institution must require every student who enrolls to sign a disclosure form, provided
45.17by the office, stating that the institution is not participating in the federal Pell Grant program.
45.18 (c) An institution that offers only graduate-level degrees or graduate-level nondegree
45.19programs, or that offers only degrees or programs that do not meet the required minimum
45.20program length to participate in the federal Pell Grant program, is an eligible institution if
45.21the institution is licensed or registered as a postsecondary institution by the office.
45.22 (d) An eligible institution under paragraph (b), clause (3), item (ii), that changes
45.23ownership as defined in section136A.63, subdivision 2 , must participate in the federal Pell
45.24Grant program within four calendar years of the first ownership change to continue eligibility.
45.25 (e) An institution that loses its eligibility for the federal Pell Grant program is not an
45.26eligible institution.
45.27(f) An institution must maintain adequate administrative and financial standards and
45.28compliance with all state statutes, rules, and administrative policies related to state financial
45.29aid programs.
46.1 Sec. 3. Minnesota Statutes 2016, section 136A.1795, subdivision 4, is amended to read:
46.2 Subd. 4. Loan forgiveness. (a) The commissioner may select a maximum of five
46.3applicants each year for participation in the loan forgiveness program, within the limits of
46.4available funding. Applicants are responsible for securing their own qualified educational
46.5loans.
46.6(b) The commissioner must select participants based on their suitability for practice
46.7serving the designated rural area, as indicated by experience or training. The commissioner
46.8must give preference to applicants closest to completing their training.
46.9(c) The commissioner must make annual disbursements directly to the participant of
46.10$15,000 or the balance of the participant's qualifying educational loans, whichever is less,
46.11for each year that a participant meets the service obligation required under subdivision 3,
46.12paragraph (b), up to a maximum of five years.
46.13(d) Before receiving loan repayment disbursements and as requested, the participant
46.14must complete and return to the commissioneran affidavit a confirmation of practice form
46.15provided by the commissioner verifying that the participant is practicing as required under
46.16subdivision 2, paragraph (a). The participant must provide the commissioner with verification
46.17that the full amount of loan repayment disbursement received by the participant has been
46.18applied toward the designated loans. After each disbursement, verification must be received
46.19by the commissioner and approved before the next loan repayment disbursement is made.
46.20(e) Participants who move their practice remain eligible for loan repayment as long as
46.21they practice as required under subdivision 2, paragraph (a).
46.22 Sec. 4. Minnesota Statutes 2016, section 136A.62, is amended by adding a subdivision to
46.23read:
46.24 Subd. 8. Entity. "Entity" means a specific school or campus location.
46.25 Sec. 5. Minnesota Statutes 2016, section 136A.646, is amended to read:
46.26136A.646 ADDITIONAL SECURITY.
46.27 (a)In the event New schools that have been granted conditional approval for degrees or
46.28names to allow them the opportunity to apply for and receive accreditation under section
46.29136A.65, subdivision 7, or any registered institution that is notified by the United States
46.30Department of Education that it has fallen below minimum financial standards and that its
46.31continued participation in Title IV will be conditioned upon its satisfying either the Zone
46.32Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter
47.1of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c),
47.2the institution shall provide a surety bond conditioned upon the faithful performance of all
47.3contracts and agreements with students in a sum equal to the "letter of credit" required by
47.4the United States Department of Education in the Letter of Credit Alternative, but in no
47.5event shall such bond be less than $10,000 nor more than $250,000.
47.6 (b) In lieu of a bond, the applicant may deposit with the commissioner of management
47.7and budget:
47.8 (1) a sum equal to the amount of the required surety bond in cash;or
47.9 (2) securities, as may be legally purchased by savings banks or for trust funds, in an
47.10aggregate market value equal to the amount of the required surety bond.; or
47.11 (3) an irrevocable letter of credit issued by a financial institution to the amount of the
47.12required surety bond.
47.13 (c) The surety of any bond may cancel it upon giving 60 days' notice in writing to the
47.14office and shall be relieved of liability for any breach of condition occurring after the
47.15effective date of cancellation.
47.16(d) In the event of a school closure, the additional security must first be used to destroy
47.17any private educational data under section 13.32 left at a physical campus in Minnesota
47.18after all other governmental agencies have recovered or retrieved records under their record
47.19retention policies. Any remaining funds must then be used to reimburse tuition and fee costs
47.20to students that were enrolled at the time of the closure or had withdrawn in the previous
47.21120 calendar days but did not graduate. Priority for refunds will be given to students in the
47.22following order:
47.23(1) cash payments made by the student or on behalf of a student;
47.24(2) private student loans; and
47.25(3) Veteran Administration education benefits that are not restored by the Veteran
47.26Administration. If there are additional security funds remaining, the additional security
47.27funds may be used to cover any administrative costs incurred by the office related to the
47.28closure of the school.
47.29 Sec. 6. Minnesota Statutes 2016, section 136A.65, subdivision 1a, is amended to read:
47.30 Subd. 1a. Accreditation; requirement. (a) A school must not be registeredor authorized
47.31to offer any degree at any level unless the school is accredited has institutional accreditation
47.32by an agency recognized by the United States Department of Education for purposes of
48.1eligibility to participate in Title IV federal financial aid programs. Any registered school
48.2undergoing institutional accreditation shall inform the office of site visits by the accrediting
48.3agency and provide office staff the opportunity to attend the visits,including excluding any
48.4exit interviews. The institution must provide the office with a copy of the final report upon
48.5receipt request of the office.
48.6 (b) A school must not be authorized to offer any degree unless the program has
48.7programmatic accreditation or the school has institutional accreditation by an agency
48.8recognized by the United States Department of Education for purposes of eligibility to
48.9participate in Title IV federal financial aid programs. Any program offered by a registered
48.10school that does not have institutional accreditation and is undergoing programmatic
48.11accreditation shall inform the office of site visits by the accrediting agency and provide
48.12office staff the opportunity to attend the visits, excluding any exit interviews. The school
48.13must provide the office with a copy of the final report by the accreditor upon request of the
48.14office.
48.15 Sec. 7. Minnesota Statutes 2016, section 136A.65, subdivision 4, is amended to read:
48.16 Subd. 4. Criteria for approval. (a) A school applying to be registered and to have its
48.17degree or degrees and name approved must substantially meet the following criteria:
48.18 (1) the school has an organizational framework with administrative and teaching personnel
48.19to provide the educational programs offered;
48.20 (2) the school has financial resources sufficient to meet the school's financial obligations,
48.21including refunding tuition and other charges consistent with its stated policy if the institution
48.22is dissolved, or if claims for refunds are made, to provide service to the students as promised,
48.23and to provide educational programs leading to degrees as offered;
48.24 (3) the school operates in conformity with generally acceptedbudgeting and accounting
48.25principles according to the type of school;
48.26 (4) the school provides an educational program leading to the degree it offers;
48.27 (5) the school provides appropriate and accessible library, laboratory, and other physical
48.28facilities to support the educational program offered;
48.29 (6) the school has a policy on freedom or limitation of expression and inquiry for faculty
48.30and students which is published or available on request;
48.31 (7) the school uses only publications and advertisements which are truthful and do not
48.32give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school,
49.1its personnel, programs, services, or occupational opportunities for its graduates for promotion
49.2and student recruitment;
49.3 (8) the school's compensated recruiting agents who are operating in Minnesota identify
49.4themselves as agents of the school when talking to or corresponding with students and
49.5prospective students;
49.6 (9) the school provides information to students and prospective students concerning:
49.7 (i) comprehensive and accurate policies relating to student admission, evaluation,
49.8suspension, and dismissal;
49.9 (ii) clear and accurate policies relating to granting credit for prior education, training,
49.10and experience and for courses offered by the school;
49.11 (iii) current schedules of fees, charges for tuition, required supplies, student activities,
49.12housing, and all other standard charges;
49.13 (iv) policies regarding refunds and adjustments for withdrawal or modification of
49.14enrollment status; and
49.15 (v) procedures and standards used for selection of recipients and the terms of payment
49.16and repayment for any financial aid program; and
49.17 (10) the school must not withhold a student's official transcript because the student is
49.18in arrears or in default on any loan issued by the school to the student if the loan qualifies
49.19as an institutional loan under United States Code, title 11, section 523(a)(8)(b).
49.20 (b) An application for degree approval must also include:
49.21 (i) title of degree and formal recognition awarded;
49.22 (ii) location where such degree will be offered;
49.23 (iii) proposed implementation date of the degree;
49.24 (iv) admissions requirements for the degree;
49.25 (v) length of the degree;
49.26 (vi) projected enrollment for a period of five years;
49.27 (vii) the curriculum required for the degree, including course syllabi or outlines;
49.28 (viii) statement of academic and administrative mechanisms planned for monitoring the
49.29quality of the proposed degree;
49.30 (ix) statement of satisfaction of professional licensure criteria, if applicable;
50.1 (x) documentation of the availability of clinical, internship, externship, or practicum
50.2sites, if applicable; and
50.3 (xi) statement of how the degree fulfills the institution's mission and goals, complements
50.4existing degrees, and contributes to the school's viability.
50.5 Sec. 8. Minnesota Statutes 2016, section 136A.65, subdivision 7, is amended to read:
50.6 Subd. 7. Conditional approval. (a) The office may grant a school a one-year conditional
50.7approval for a degree or use of a term in its namefor a period of less than one year if doing
50.8so would be in the best interests of currently enrolled students or prospective students.
50.9Conditional approval of a degree or use of a term under this paragraph must not exceed a
50.10period of three years.
50.11 (b) The office may grant new schoolsmay be granted and programs a one-year conditional
50.12approval for degrees ornames annually for a period not to exceed five years use of a term
50.13in its name to allowthem the school the opportunity to apply for and receive accreditation
50.14as required in subdivision 1a. Conditional approval of a school or program under this
50.15paragraph must not exceed a period of five years. A new school or program granted
50.16conditional approval may be allowed to continueas a registered institution in order to
50.17complete an accreditation process upon terms and conditions the office determines.
50.18 (c) The office may grant a registered school a one-year conditional approval for degrees
50.19or use of a term in its name to allow the school the opportunity to apply for and receive
50.20accreditation as required in subdivision 1a if the school's accrediting agency is no longer
50.21recognized by the United States Department of Education for purposes of eligibility to
50.22participate in Title IV federal financial aid programs. The office must not grant conditional
50.23approvals under this paragraph to a school for a period of more than five years.
50.24 (d) The office may grant a registered school a one-year conditional approval for degrees
50.25or use of a term in its name to allow the school to change to a different accrediting agency
50.26recognized by the United States Department of Education for purposes of eligibility to
50.27participate in Title IV federal financial aid programs. The office must not grant conditional
50.28approvals under this paragraph to a school for a period of more than five years.
50.29 Sec. 9. Minnesota Statutes 2016, section 136A.653, is amended to read:
50.30136A.653 EXEMPTIONS.
50.31 Subdivision 1. Application. A school that seeks an exemption under this section from
50.32the provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the
51.1school meets the requirements of an exemption. An exemption expires two years from the
51.2date of approval or until a school adds a new program or makes a modification equal to or
51.3greater than 25 percent to an existing educational program. If a school is reapplying for an
51.4exemption, the application must be submitted to the office 90 days before the current
51.5exemption expires.
51.6Subdivision 1. Subd. 1a. Exemption Private career schools. A school that is subject
51.7to licensing by the office under sections136A.82 to
136A.834 is exempt from the provisions
51.8of sections136A.61 to
136A.71 . The determination of the office as to whether a particular
51.9school is subject to regulation under sections136A.82 to
136A.834 is final for the purposes
51.10of this exemption.
51.11 Subd. 2. Educational program; nonprofit organizations. Educational programs which
51.12are sponsored by a bona fide and nonprofit trade, labor, business, professional or fraternal
51.13organization, which programs are conducted solely for that organization's membership or
51.14for the members of the particular industries or professions served by that organization, and
51.15which are not available to the public on a fee basis, are exempted from the provisions of
51.16sections136A.61 to
136A.71 .
51.17 Subd. 3. Educational program; business firms. Educational programs which are
51.18sponsored by a business firm for the training of its employees or the employees of other
51.19business firms with which it has contracted to provide educational services at no cost to the
51.20employees are exempted from the provisions of sections136A.61 to
136A.71 .
51.21 Subd. 3a. Tuition-free educational courses. A school, including a school using an
51.22online platform service, offering training, courses, or programs is exempt from sections
51.23136A.61
to
136A.71 , to the extent it offers tuition-free courses to students in Minnesota. A
51.24course will be considered tuition-free if the school charges no tuition and the required
fees
51.25and other required charges paid by the student for the course tuition, fees, and any other
51.26charges for a student to participate do not exceed two percent of the most recent average
51.27undergraduate tuition and required fees as of January 1 of the current year charged for
51.28full-time students at all degree-granting institutions as published annually by the United
51.29States Department of Education as of January 1 of each year. To qualify for an exemption,
51.30a school or online platform service must prominently display a notice comparable to the
51.31following: "IMPORTANT: Each educational institution makes its own decision regarding
51.32whether to accept completed coursework for credit. Check with your university or college."
52.1 Subd. 4. Voluntary submission. Any school or program exempted from the provisions
52.2of sections136A.61 to
136A.71 by the provisions of this section may voluntarily submit to
52.3the provisions of those sections.
52.4 Sec. 10. Minnesota Statutes 2016, section 136A.657, is amended by adding a subdivision
52.5to read:
52.6 Subd. 5. Application. A school that seeks an exemption under this section from the
52.7provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the
52.8school meets the requirements of an exemption. An exemption expires two years from the
52.9date of approval or when a school adds a new program or makes a modification equal to or
52.10greater than 25 percent to an existing educational program. If a school is reapplying for an
52.11exemption, the application must be submitted to the office 90 days before the current
52.12exemption expires.
52.13 Sec. 11. Minnesota Statutes 2016, section 136A.67, is amended to read:
52.14136A.67 REGISTRATION REPRESENTATIONS.
52.15 No school and none of its officials or employees shall advertise or represent in any
52.16manner that such school is approved or accredited by the office or the state of Minnesota,
52.17except a school which is duly registered with the office, or any of its officials or employees,
52.18may represent in advertising and shall disclose in catalogues, applications, and enrollment
52.19materials that the school is registered with the office by prominently displaying the following
52.20statement: "(Name of school) is registered with theoffice Minnesota Office of Higher
52.21Education pursuant to sections136A.61 to
136A.71 . Registration is not an endorsement of
52.22the institution. Credits earned at the institution may not transfer to all other institutions." In
52.23addition, all registered schools shall publish in the school catalog or student handbook the
52.24name, street address, telephone number, and Web site address of the office.
52.25 Sec. 12. [136A.672] STUDENT COMPLAINTS.
52.26 Subdivision 1. Authority. The office has the authority to review and take appropriate
52.27action on student complaints from schools covered under the provisions of sections 136A.61
52.28to 136A.71.
52.29 Subd. 2. Complaint. A complaint must be in writing, be signed by a student, and state
52.30how the school's policies and procedures or sections 136A.61 to 136A.71 were violated.
52.31Student complaints shall be limited to complaints that occurred within six years from the
52.32date the concern should have been discovered with reasonable effort and after the student
53.1has utilized the school's internal complaint process. Students do not have to utilize a school's
53.2internal complaint process before the office has authority when the student is alleging fraud
53.3or misrepresentation. The office shall not investigate grade disputes, student conduct
53.4proceedings, disability accommodation requests, and discrimination claims, including Title
53.5IX complaints.
53.6 Subd. 3. Investigation. The office shall initiate an investigation upon receipt of a
53.7complaint within the authority of subdivision 2. A school involved in an investigation shall
53.8be informed of the alleged violations and the processes of the investigation. A school
53.9involved in an investigation shall respond to the alleged violations and provide requested
53.10documentation to the office. Upon completing an investigation, the office shall inform the
53.11school and the student of the investigation outcome.
53.12 Subd. 4. Penalties. If violations are found, the office may require remedial action by
53.13the school or assign a penalty under section 136A.705. Remedial action may include student
53.14notification of violations, adjustments to the school's policies and procedures, and tuition
53.15or fee refunds to impacted students.
53.16 Subd. 5. Contested case hearing. The school or the office may initiate a contested case
53.17hearing under chapter 14 if attempts at a resolution are unsuccessful or within 30 days of
53.18the date the school is notified of the action of the office. The prevailing party may recover
53.19costs, disbursements, and reasonable attorney fees, as determined by the court or
53.20administrative law judge.
53.21 Sec. 13. Minnesota Statutes 2016, section 136A.68, is amended to read:
53.22136A.68 RECORDS.
53.23 A registered school shall maintain a permanent record for each student for 50 years from
53.24the last date of the student's attendance. A registered school offering distance instruction to
53.25a student located in Minnesota shall maintain a permanent record for each Minnesota student
53.26for 50 years from the last date of the student's attendance. Records include a student's
53.27academic transcript, documents, and files containing student data about academic credits
53.28earned, courses completed, grades awarded, degrees awarded, and periods of attendance.
53.29To preserve permanent records, a school shall submit a plan that meets the following
53.30requirements:
53.31 (1) at least one copy of the records must be held in a secure, fireproof depository or
53.32duplicate records must be maintained off site in a secure location and in a manner approved
53.33by the office;
54.1 (2) an appropriate official must be designated to provide a student with copies of records
54.2or a transcript upon request;
54.3 (3) an alternative method approved by the office of complying with clauses (1) and (2)
54.4must be established if the school ceases to exist; and
54.5 (4) if the school has no binding agreement approved by the office for preserving student
54.6records, a continuous surety bond or an irrevocable letter of credit issued by a financial
54.7institution must be filed with the office in an amount not to exceed $20,000. The bond or
54.8irrevocable letter of credit shall run to the state of Minnesota. In the event of a school closure,
54.9the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover,
54.10maintain, digitize, and destroy academic records.
54.11 Sec. 14. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.12to read:
54.13 Subd. 13. Compliance audit. "Compliance audit" means an audit of a school's compliance
54.14with federal requirements related to its participation in federal Title IV student aid programs
54.15or other federal grant programs performed under either Uniform Grant Guidance, including
54.16predecessor Federal Circular A-133, or the United States Department of Education's audit
54.17guide, Audits of Federal Student Financial Assistance Programs at Participating Institutions
54.18and Institution Servicers.
54.19 Sec. 15. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.20to read:
54.21 Subd. 14. Entity. "Entity" means a specific school or campus location.
54.22 Sec. 16. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.23to read:
54.24 Subd. 15. Higher-level entity. "Higher-level entity" means a corporate parent or ultimate
54.25parent company or, in the case of a public school, the larger public system of which an
54.26entity is a part.
54.27 Sec. 17. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.28to read:
54.29 Subd. 16. Audited financial statements. "Audited financial statements" means the
54.30financial statements of an entity or higher-level entity that have been examined by a certified
54.31public accountant or an equivalent government agency for public entities that include (1)
55.1an auditor's report, a statement of financial position, an income statement, a statement of
55.2cash flows, and notes to the financial statements or (2) the required equivalents for public
55.3entities as determined by the Financial Accounting Standards Board, the Governmental
55.4Accounting Standards Board, or the Securities and Exchange Commission.
55.5 Sec. 18. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
55.6to read:
55.7 Subd. 17. Review-level engagement. "Review-level engagement" means a service
55.8performed by a certified public accountant that provides limited assurance that there are no
55.9material modifications that need to be made to an entity's financial statements in order for
55.10them to conform to generally accepted accounting principles. Review-level engagement
55.11provides fewer assurances than those reported under audited financial statements.
55.12 Sec. 19. Minnesota Statutes 2016, section 136A.822, subdivision 4, is amended to read:
55.13 Subd. 4. Application. Application for a license shall be on forms prepared and furnished
55.14by the office, and shall include the following and other information as the office may require:
55.15(1) the title or name of the private career school, ownership and controlling officers,
55.16members, managing employees, and director;
55.17(2) the specific programs which will be offered and the specific purposes of the
55.18instruction;
55.19(3) the place or places where the instruction will be given;
55.20(4) a listing of the equipment available for instruction in each program;
55.21(5) the maximum enrollment to be accommodated with equipment available in each
55.22specified program;
55.23(6) the qualifications of instructors and supervisors in each specified program;
55.24(7) financial documents related to the entity's and higher-level entity's most recently
55.25completed fiscal year:
55.26(i) annual gross revenues from all sources;
55.27(ii) financial statements subjected to a review level engagement or, if requested by the
55.28office, audited financial statements;
55.29(iii) a school's most recent compliance audit, if applicable; and
56.1(iv) a current balance sheet, income statement, and adequate supporting documentation,
56.2prepared and certified by an independent public accountant or CPA;
56.3(8) copies of all media advertising and promotional literature and brochures or electronic
56.4display currently used or reasonably expected to be used by the private career school;
56.5(9) copies of all Minnesota enrollment agreement forms and contract forms and all
56.6enrollment agreement forms and contract forms used in Minnesota; and
56.7(10) gross income earned in the preceding year from student tuition, fees, and other
56.8required institutional charges, unless the private career school files with the office a surety
56.9bond equal to at least $250,000 as described in subdivision 6.
56.10 Sec. 20. Minnesota Statutes 2016, section 136A.822, subdivision 6, is amended to read:
56.11 Subd. 6. Bond. (a) No license shall be issued to any private career school which
56.12maintains, conducts, solicits for, or advertises within the state of Minnesota any program,
56.13unless the applicant files with the office a continuous corporate surety bond written by a
56.14company authorized to do business in Minnesota conditioned upon the faithful performance
56.15of all contracts and agreements with students made by the applicant.
56.16 (b)(1) The amount of the surety bond shall be ten percent of the preceding year'sgross
56.17net income from student tuition, fees, and other required institutional charges collected, but
56.18in no event less than $10,000nor greater than $250,000, except that a private career school
56.19may deposit a greater amount at its own discretion. A private career school in each annual
56.20application for licensure must compute the amount of the surety bond and verify that the
56.21amount of the surety bond complies with this subdivision, unless the private career school
56.22maintains a surety bond equal to at least $250,000. A private career school that operates at
56.23two or more locations may combinegross net income from student tuition, fees, and other
56.24required institutional charges collected for all locations for the purpose of determining the
56.25annual surety bond requirement. Thegross net tuition and fees used to determine the amount
56.26of the surety bond required for a private career school having a license for the sole purpose
56.27of recruiting students in Minnesota shall be only that paid to the private career school by
56.28the students recruited from Minnesota.
56.29 (2) A person required to obtain a private career school license due to the use of
56.30"academy," "institute," "college," or "university" in its name and which is also licensed by
56.31another state agency or board, except not including those schools licensed exclusively in
56.32order to participate in state grants or SELF loan financial aid programs, shall be required
56.33to provide a school bond of $10,000.
57.1 (c) The bond shall run to the state of Minnesota and to any person who may have a cause
57.2of action against the applicant arising at any time after the bond is filed and before it is
57.3canceled for breach of any contract or agreement made by the applicant with any student.
57.4The aggregate liability of the surety for all breaches of the conditions of the bond shall not
57.5exceed the principal sum deposited by the private career school under paragraph (b). The
57.6surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
57.7shall be relieved of liability for any breach of condition occurring after the effective date
57.8of cancellation.
57.9 (d) In lieu of bond, the applicant may deposit with the commissioner of management
57.10and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
57.11letter of credit issued by a financial institution equal to the amount of the required surety
57.12bond, or securities as may be legally purchased by savings banks or for trust funds in an
57.13aggregate market value equal to the amount of the required surety bond.
57.14 (e) Failure of a private career school to post and maintain the required surety bond or
57.15deposit under paragraph (d)shall may result in denial, suspension, or revocation of the
57.16school's license.
57.17 Sec. 21. Minnesota Statutes 2016, section 136A.822, subdivision 12, is amended to read:
57.18 Subd. 12. Permanent records. A private career school licensed under sections136A.82
57.19to
136A.834 and located in Minnesota shall maintain a permanent record for each student
57.20for 50 years from the last date of the student's attendance. A private career school licensed
57.21under this chapter and offering distance instruction to a student located in Minnesota shall
57.22maintain a permanent record for each Minnesota student for 50 years from the last date of
57.23the student's attendance. Records include school transcripts, documents, and files containing
57.24student data about academic credits earned, courses completed, grades awarded, degrees
57.25awarded, and periods of attendance. To preserve permanent records, a private career school
57.26shall submit a plan that meets the following requirements:
57.27 (1) at least one copy of the records must be held in a secure, fireproof depository;
57.28 (2) an appropriate official must be designated to provide a student with copies of records
57.29or a transcript upon request;
57.30 (3) an alternative method, approved by the office, of complying with clauses (1) and (2)
57.31must be established if the private career school ceases to exist; and
57.32 (4) a continuous surety bond or irrevocable letter of credit issued by a financial institution
57.33must be filed with the office in an amount not to exceed $20,000 if the private career school
58.1has no binding agreement approved by the office, for preserving student records. The bond
58.2or irrevocable letter of credit shall run to the state of Minnesota. In the event of a school
58.3closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve,
58.4recover, maintain, digitize, and destroy academic records.
58.5 Sec. 22. Minnesota Statutes 2016, section 136A.822, subdivision 13, is amended to read:
58.6 Subd. 13. Private career schools licensed by another state agency or board. A private
58.7career school required to obtain a private career school license due to the use of "academy,"
58.8"institute," "college," or "university" in its name or licensed for the purpose of participating
58.9in state financial aid under chapter 136A, and which is also licensed by another state agency
58.10or board shall be required to satisfy only the requirements of subdivisions 4, clauses (1),
58.11(2), (3), (5), (7), (8), and (10); 5; 6, paragraph (b), clause (2); 8, clauses (1), (4), (7), (8),
58.12and (9); 9; 10, clause (13); and 12. If a school is licensed to participate in state financial aid
58.13under this chapter, the school must follow the refund policy in section 136A.827, even if
58.14that section conflicts with the refund policy of the licensing agency or board. A distance
58.15education private career school located in another state, or a school licensed to recruit
58.16Minnesota residents for attendance at a school outside of this state, or a school licensed by
58.17another state agency as its primary licensing body, may continue to use the school's name
58.18as permitted by its home state or its primary licensing body.
58.19 Sec. 23. Minnesota Statutes 2016, section 136A.826, subdivision 2, is amended to read:
58.20 Subd. 2. Contract information. A contract or enrollment agreement used by a private
58.21career school must include at least the following:
58.22 (1) the name and address of the private career school, clearly stated;
58.23 (2) a clear and conspicuous disclosure that the agreement is a legally binding instrument
58.24upon written acceptance of the student by the private career school unless canceled under
58.25section136A.827 ;
58.26 (3) the private career school's cancellation and refund policy that shall be clearly and
58.27conspicuously entitled "Buyer's Right to Cancel";
58.28 (4) a clear statement of total cost of the program including tuition and all other charges;
58.29 (5) the name and description of the program, including the number of hours or credits
58.30of classroom instruction, or distance instruction, that shall be included; and
58.31 (6) a clear and conspicuous explanation of the form and means of notice the student
58.32should use in the event the student elects to cancel the contract or sale, the effective date of
59.1cancellation, and the name and address, e-mail address, or phone number of the seller to
59.2which the notice should be sent or delivered.
59.3The contract or enrollment agreement must not include a wage assignment provision or a
59.4confession of judgment clause.
59.5 Sec. 24. Minnesota Statutes 2016, section 136A.827, subdivision 2, is amended to read:
59.6 Subd. 2. Private career schools using written contracts. (a) Notwithstanding anything
59.7to the contrary, a private career school that uses a written contract or enrollment agreement
59.8shall refund all tuition, fees and other charges paid by a student, if the student giveswritten
59.9notice of cancellation within five business days after the day on which the contract was
59.10executed regardless of whether the program has started.
59.11(b) When a student has been accepted by the private career school and has entered into
59.12a contractual agreement with the private career school and giveswritten notice of cancellation
59.13following the fifth business day after the date of execution of contract, but before the start
59.14of the program in the case of resident private career schools, or before the first lesson has
59.15been serviced by the private career school in the case of distance education private career
59.16schools, all tuition, fees and other charges, except 15 percent of the total cost of the program
59.17but not to exceed $50, shall be refunded to the student.
59.18 Sec. 25. Minnesota Statutes 2016, section 136A.827, subdivision 3, is amended to read:
59.19 Subd. 3. Notice; amount. (a) A private career school shall refund all tuition, fees and
59.20other charges paid by a student if the student giveswritten notice of cancellation within five
59.21business days after the day on which the student is accepted by the private career school
59.22regardless of whether the program has started.
59.23(b) When a student has been accepted by the private career school and giveswritten
59.24notice of cancellation following the fifth business day after the day of acceptance by the
59.25private career school, but before the start of the program, in the case of resident private
59.26career schools, or before the first lesson has been serviced by the private career school, in
59.27the case of distance education private career schools, all tuition, fees and other charges,
59.28except 15 percent of the total cost of the program but not to exceed $50, shall be refunded
59.29to the student.
59.30 Sec. 26. Minnesota Statutes 2016, section 136A.828, subdivision 3, is amended to read:
59.31 Subd. 3. False statements. (a) A private career school, agent, or solicitor shall not make,
59.32or cause to be made, any statement or representation, oral, written or visual, in connection
60.1with the offering or publicizing of a program, if the private career school, agent, or solicitor
60.2knows or reasonably should have known the statement or representation to be false,
60.3fraudulent, deceptive, substantially inaccurate, or misleading.
60.4(b) Other than opinion-based statements or puffery, a school shall only make claims that
60.5are evidence-based, can be validated, and are based on current conditions and not on
60.6conditions that are no longer relevant.
60.7(c) A school shall not guarantee or imply the guarantee of employment.
60.8(d) A school shall not guarantee or advertise any certain wage or imply earnings greater
60.9than the prevailing wage for entry-level wages in the field of study for the geographic area
60.10unless advertised wages are based on verifiable wage information from graduates.
60.11(e) If placement statistics are used in advertising or other promotional materials, the
60.12school must be able to substantiate the statistics with school records. These records must
60.13be made available to the office upon request. A school is prohibited from reporting the
60.14following in placement statistics:
60.15(1) a student required to receive a job offer or start a job to be classified as a graduate;
60.16(2) a graduate if the graduate held a position before enrolling in the program, unless
60.17graduating enabled the graduate to maintain the position or the graduate received a promotion
60.18or raise upon graduation;
60.19 (3) a graduate who works less than 20 hours per week; and
60.20 (4) a graduate who is not expected to maintain the position for at least 180 days.
60.21(f) A school shall not use endorsements, commendations, or recommendations by a
60.22student in favor of a school except with the consent of the student and without any offer of
60.23financial or other material compensation. Endorsements may be used only when they portray
60.24current conditions.
60.25(g) A school may advertise that the school or its programs have been accredited by an
60.26accrediting agency recognized by the United States Department of Education or the Council
60.27for Higher Education Accreditation, but shall not advertise any other accreditation unless
60.28approved by the office. The office may approve an institution's advertising of accreditation
60.29that is not recognized by the United States Department of Education or the Council for
60.30Higher Education if that accreditation is industry specific. Clear distinction must be made
60.31when the school is in candidacy or application status versus full accreditation.
61.1(h) A school may advertise that financial aid is available, including a listing of the
61.2financial aid programs in which the school participates, but federal or state financial aid
61.3shall not be used as a primary incentive in advertisement, promotion, or recruitment.
61.4(i) A school may advertise placement or career assistance, if offered, but shall not use
61.5the words "wanted," "help wanted," or "trainee," either in the headline or the body of the
61.6advertisement.
61.7(j) A school shall not be advertised under any "help wanted," "employment," or similar
61.8classification.
61.9(k) A school shall not falsely claim that it is conducting a talent hunt, contest, or similar
61.10test.
61.11(l) The commissioner, at any time, may require a retraction of a false, misleading, or
61.12deceptive claim. To the extent reasonable, the retraction must be published in the same
61.13manner as the original claim.
61.14 Sec. 27. [136A.8295] STUDENT COMPLAINTS.
61.15 Subdivision 1. Authority. The office has the authority to review and take appropriate
61.16action on student complaints from schools covered under the provisions of sections 136A.822
61.17to 136A.834.
61.18 Subd. 2. Complaint. A complaint must be in writing, be signed by a student, and state
61.19how the school's policies and procedures or sections 136A.822 to 136A.834 were violated.
61.20Student complaints shall be limited to complaints that occurred within six years from the
61.21date the concern should have been discovered with reasonable effort and after the student
61.22has utilized the school's internal complaint process. Students do not have to utilize a school's
61.23internal complaint process before the office has authority when the student is alleging fraud
61.24or misrepresentation. The office shall not investigate grade disputes, student conduct
61.25proceedings, disability accommodation requests, and discrimination claims, including Title
61.26IX complaints.
61.27 Subd. 3. Investigation. The office shall initiate an investigation upon receipt of a
61.28complaint within the authority of subdivision 2. A school involved in an investigation shall
61.29be informed of the alleged violations and the processes of the investigation. A school
61.30involved in an investigation shall respond to the alleged violations and provide requested
61.31documentation to the office. Upon completion of an investigation, the office shall inform
61.32the school and the student of the investigation outcome.
62.1 Subd. 4. Penalties. If violations are found, the office may require remedial action by
62.2the school or assign a penalty under section 136A.832. Remedial action may include student
62.3notification of violations, adjustments to the school's policies and procedures, and tuition
62.4or fee refunds to impacted students.
62.5 Sec. 28. Minnesota Statutes 2016, section 136A.83, is amended to read:
62.6136A.83 INSPECTION.
62.7(a) The office or a delegate may inspect the instructional books and records, classrooms,
62.8dormitories, tools, equipment and classes of any private career school or applicant for license
62.9at any reasonable time. The office may require the submission ofa certified public audit,
62.10or if there is no such audit available audited financial statements. The office or a delegate
62.11may inspect the financial books and records of the private career school. In no event shall
62.12such financial information be used by the office to regulate or set the tuition or fees charged
62.13by the private career school.
62.14(b) Data obtained from an inspection of the financial records of a private career school
62.15or submitted to the office as part of a license application or renewal are nonpublic data as
62.16defined in section13.02, subdivision 9 . Data obtained from inspections may be disclosed
62.17to other members of the office, to law enforcement officials, or in connection with a legal
62.18or administrative proceeding commenced to enforce a requirement of law.
62.19 Sec. 29. Minnesota Statutes 2016, section 136A.833, is amended to read:
62.20136A.833 EXEMPTIONS.
62.21 Subdivision 1. Application for exemptions. A school that seeks an exemption from the
62.22provisions of sections 136A.822 to 136A.834 must apply to the office to establish that the
62.23school meets the requirements of an exemption. An exemption expires two years from the
62.24date of approval or when a school adds a new program or makes a modification equal to or
62.25greater than 25 percent to an existing educational program. If a school is reapplying for an
62.26exemption, the application must be submitted to the office 90 days before the current
62.27exemption expires.
62.28 Subd. 2. Exemption reasons. Sections136A.821 to
136A.832 shall not apply to the
62.29following:
62.30 (1) public postsecondary institutions;
62.31 (2) postsecondary institutions registered under sections136A.61 to
136A.71 ;
63.1 (3) private career schools of nursing accredited by the state Board of Nursing or an
63.2equivalent public board of another state or foreign country;
63.3 (4) private schools complying with the requirements of section120A.22, subdivision 4 ;
63.4 (5) courses taught to students in a valid apprenticeship program taught by or required
63.5by a trade union;
63.6 (6) private career schools exclusively engaged in training physically or mentally disabled
63.7persons for the state of Minnesota;
63.8 (7) private career schools licensed by boards authorized under Minnesota law to issue
63.9licenses except private career schools required to obtain a private career school license due
63.10to the use of "academy," "institute," "college," or "university" in their names;
63.11 (8) private career schools and educational programs, or training programs, contracted
63.12for by persons, firms, corporations, government agencies, or associations, for the training
63.13of their own employees, for which no fee is charged the employee;
63.14 (9) private career schools engaged exclusively in the teaching of purely avocational,
63.15recreational, or remedial subjects as determined by the office except private career schools
63.16required to obtain a private career school license due to the use of "academy," "institute,"
63.17"college," or "university" in their names unless the private career school used "academy"
63.18or "institute" in its name prior to August 1, 2008;
63.19 (10) classes, courses, or programs conducted by a bona fide trade, professional, or
63.20fraternal organization, solely for that organization's membership;
63.21 (11) programs in the fine arts provided by organizations exempt from taxation under
63.22section290.05 and registered with the attorney general under chapter 309. For the purposes
63.23of this clause, "fine arts" means activities resulting in artistic creation or artistic performance
63.24of works of the imagination which are engaged in for the primary purpose of creative
63.25expression rather than commercial sale or employment. In making this determination the
63.26office may seek the advice and recommendation of the Minnesota Board of the Arts;
63.27 (12) classes, courses, or programs intended to fulfill the continuing education
63.28requirements for licensure or certification in a profession, that have been approved by a
63.29legislatively or judicially established board or agency responsible for regulating the practice
63.30of the profession, and that are offered exclusively to an individual practicing the profession;
63.31 (13) classes, courses, or programs intended to prepare students to sit for undergraduate,
63.32graduate, postgraduate, or occupational licensing and occupational entrance examinations;
64.1 (14) classes, courses, or programs providing 16 or fewer clock hours of instruction that
64.2are not part of the curriculum for an occupation or entry level employment except private
64.3career schools required to obtain a private career school license due to the use of "academy,"
64.4"institute," "college," or "university" in their names;
64.5 (15) classes, courses, or programs providing instruction in personal development,
64.6modeling, or acting;
64.7 (16) training or instructional programs, in which one instructor teaches an individual
64.8student, that are not part of the curriculum for an occupation or are not intended to prepare
64.9a person for entry level employment;
64.10 (17) private career schools with no physical presence in Minnesota, as determined by
64.11the office, engaged exclusively in offering distance instruction that are located in and
64.12regulated by other states or jurisdictions if the distance education instruction does not include
64.13internships, externships, field placements, or clinical placements for residents of Minnesota;
64.14and
64.15 (18) private career schools providing exclusively training, instructional programs, or
64.16courses where tuition, fees, and any other charges for a student to participate do not exceed
64.17$100.
64.18 Sec. 30. Minnesota Statutes 2016, section 136A.834, is amended by adding a subdivision
64.19to read:
64.20 Subd. 5. Application. A school that seeks an exemption from the provisions of sections
64.21136A.82 to 136A.834 must apply to the office to establish that the school meets the
64.22requirements of an exemption. An exemption expires two years from the date of approval
64.23or when a school adds a new program or makes a modification equal to or greater than 25
64.24percent to an existing educational program. If a school is reapplying for an exemption, the
64.25application must be submitted to the office 90 days before the current exemption expires.
64.26 Sec. 31. Laws 2015, chapter 69, article 3, section 20, subdivision 10, is amended to read:
64.27 Subd. 10. Credit load. By the end of the first academic year including summer term, a
64.28grantee must have accumulatedat least the lesser of 30 program credits by the end of the
64.29first academic year including summer term or the number of credits that the student's program
64.30is scheduled for during the first academic year. A college must certify that a grantee is
64.31carrying sufficient credits in the second grant year to complete the program at the end of
65.1the second year, including summer school. The commissioner shall set the terms and provide
65.2the form for certification.
65.3EFFECTIVE DATE.This section is effective the day following final enactment."
65.4Delete the title and insert:
65.6relating to higher education; providing funding and policy for the Office of Higher
65.7Education, the Minnesota State Colleges and Universities, the University of
65.8Minnesota, and other related programs; modifying state grant program calculation
65.9parameters; providing financial aid and student loan forgiveness programs; requiring
65.10reports; appropriating money;amending Minnesota Statutes 2016, sections 43A.06,
65.11subdivision 1; 135A.031, subdivision 7; 135A.15, subdivision 1a; 136A.101,
65.12subdivision 5a; 136A.103; 136A.125, subdivisions 2, 4; 136A.1275; 136A.1795,
65.13subdivision 4; 136A.62, by adding a subdivision; 136A.646; 136A.65, subdivisions
65.141a, 4, 7; 136A.653; 136A.657, by adding a subdivision; 136A.67; 136A.68;
65.15136A.685; 136A.821, by adding subdivisions; 136A.822, subdivisions 4, 6, 12,
65.1613; 136A.826, subdivision 2; 136A.827, subdivisions 2, 3; 136A.828, subdivision
65.173; 136A.83; 136A.833; 136A.834, by adding a subdivision; 136A.902, subdivision
65.181; 148.89, subdivision 5; Laws 2014, chapter 312, article 1, section 15; Laws 2015,
65.19chapter 69, article 3, section 20, subdivision 10; proposing coding for new law in
65.20Minnesota Statutes, chapters 135A; 136A; 136F; 137; 148; 298."
1.3relating to higher education; providing funding and policy changes for the Office
1.4of Higher Education, the Minnesota State Colleges and Universities, the University
1.5of Minnesota, and other related programs; modifying state grant program calculation
1.6parameters; requiring reports; appropriating money;amending Minnesota Statutes
1.72016, sections 135A.031, subdivision 7; 135A.15, subdivision 1a; 136A.101,
1.8subdivision 5a; 136A.125, subdivisions 2, 4; 136A.1275; 136A.685; 148.89,
1.9subdivision 5; Laws 2014, chapter 312, article 1, section 15; proposing coding for
1.10new law in Minnesota Statutes, chapters 136A; 148; 298.
1.11May 9, 2017
1.12The Honorable Michelle L. Fischbach
1.13President of the Senate
1.14The Honorable Kurt L. Daudt
1.15Speaker of the House of Representatives
1.16We, the undersigned conferees for S.F. No. 2214 report that we have agreed upon the
1.17items in dispute and recommend as follows:
1.18That the House recede from its amendments and that S.F. No. 2214 be further amended
1.19as follows:
1.20Delete everything after the enacting clause and insert:
| 1.23 |
Section 1. APPROPRIATIONS. |
||||||
1.25and for the purposes specified in this article. The appropriations are from the general fund,
1.26or another named fund, and are available for the fiscal years indicated for each purpose.
1.27The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.28them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
2.1"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
2.2is fiscal years 2018 and 2019.
| 2.3 |
APPROPRIATIONS |
||||||
| 2.4 |
Available for the Year |
||||||
| 2.5 |
Ending June 30 |
||||||
| 2.6 |
2018 |
2019 |
|||||
| 2.7 2.8 |
Sec. 2. MINNESOTA OFFICE OF HIGHER EDUCATION |
||||||
| 2.9 |
Subdivision 1.Total Appropriation |
$ |
248,436,000 |
$ |
247,595,000 |
||
2.11purpose are specified in the following
2.12subdivisions.
| 2.13 |
Subd. 2.State Grants |
188,106,000 |
190,956,000 |
||||
2.15either year is insufficient, the appropriation
2.16for the other year is available for it.
| 2.17 |
Subd. 3.Child Care Grants |
6,694,000 |
6,694,000 |
||||
| 2.18 |
Subd. 4.State Work-Study |
14,502,000 |
14,502,000 |
||||
| 2.19 |
Subd. 5.Interstate Tuition Reciprocity |
11,018,000 |
11,018,000 |
||||
2.21either year is insufficient, the appropriation
2.22for the other year is available to meet
2.23reciprocity contract obligations.
| 2.24 |
Subd. 6.Safety Officer's Survivors |
100,000 |
100,000 |
||||
2.26benefits under Minnesota Statutes, section
2.27299A.45, to eligible dependent children and
2.28to the spouses of public safety officers killed
2.29in the line of duty.
2.30If the appropriation in this subdivision for
2.31either year is insufficient, the appropriation
2.32for the other year is available for it.
| 2.33 |
Subd. 7.Indian Scholarships |
3,500,000 |
3,500,000 |
||||
3.2employ at least one person with demonstrated
3.3competence in American Indian culture and
3.4residing in or near the city of Bemidji to assist
3.5students with the scholarships under
3.6Minnesota Statutes, section 136A.126, and
3.7with other information about financial aid for
3.8which the students may be eligible. Bemidji
3.9State University must provide office space at
3.10no cost to the Office of Higher Education for
3.11purposes of administering the American Indian
3.12scholarship program under Minnesota Statutes,
3.13section 136A.126. This appropriation includes
3.14funding to administer the American Indian
3.15scholarship program.
| 3.16 |
Subd. 8.Tribal College Grants |
150,000 |
150,000 |
||||
3.18Minnesota Statutes, section 136A.1796.
| 3.19 3.20 |
Subd. 9.Intervention for College Attendance Program Grants |
671,000 |
671,000 |
||||
3.22program under Minnesota Statutes, section
3.23136A.861.
3.24The commissioner may use no more than two
3.25percent of this appropriation to administer the
3.26intervention for college attendance program
3.27grants.
| 3.28 |
Subd. 10.Student-Parent Information |
122,000 |
122,000 |
||||
| 3.29 |
Subd. 11.Get Ready! |
180,000 |
180,000 |
||||
| 3.30 3.31 |
Subd. 12.Minnesota Education Equity Partnership |
45,000 |
45,000 |
||||
| 3.32 |
Subd. 13.Midwest Higher Education Compact |
115,000 |
115,000 |
||||
| 3.33 3.34 |
Subd. 14.United Family Medicine Residency Program |
501,000 |
501,000 |
||||
4.2residency program. This appropriation shall
4.3be used to support up to 21 resident physicians
4.4each year in family practice at United Family
4.5Medicine residency programs and shall
4.6prepare doctors to practice family care
4.7medicine in underserved rural and urban areas
4.8of the state. It is intended that this program
4.9will improve health care in underserved
4.10communities, provide affordable access to
4.11appropriate medical care, and manage the
4.12treatment of patients in a cost-effective
4.13manner.
| 4.14 |
Subd. 15.MnLINK Gateway and Minitex |
5,905,000 |
5,905,000 |
||||
| 4.15 4.16 |
Subd. 16.Statewide Longitudinal Education Data System |
882,000 |
882,000 |
||||
| 4.17 |
Subd. 17.Hennepin County Medical Center |
645,000 |
645,000 |
||||
4.19Center for graduate family medical education
4.20programs at Hennepin County Medical Center.
| 4.21 4.22 |
Subd. 18.MNSCU Two-Year Public College Program |
3,481,000 |
-0- |
||||
4.24two-year public college program grants under
4.25Laws 2015, chapter 69, article 3, section 20.
4.26(b) $545,000 in fiscal year 2018 is to provide
4.27mentoring and outreach as specified under
4.28Laws 2015, chapter 69, article 3, section 20.
4.29(c) $156,000 in fiscal year 2018 is for
4.30information technology and administrative
4.31costs associated with implementation of the
4.32grant program.
| 4.33 |
Subd. 19.College Possible |
250,000 |
250,000 |
||||
5.2to College Possible to support programs of
5.3college admission and college graduation for
5.4low-income students through an intensive
5.5curriculum of coaching and support at both
5.6the high school and postsecondary level.
5.7(b) This appropriation must, to the extent
5.8possible, be proportionately allocated between
5.9students from greater Minnesota and students
5.10in the seven-county metropolitan area.
5.11(c) This appropriation must be used by College
5.12Possible only for programs supporting students
5.13who are residents of Minnesota and attending
5.14colleges or universities within Minnesota.
5.15(d) By February 1 of each year, College
5.16Possible must report to the chairs and ranking
5.17minority members of the legislative
5.18committees and divisions with jurisdiction
5.19over higher education and E-12 education on
5.20activities funded by this appropriation. The
5.21report must include, but is not limited to,
5.22information about the expansion of College
5.23Possible in Minnesota, the number of College
5.24Possible coaches hired, the expansion within
5.25existing partner high schools, the expansion
5.26of high school partnerships, the number of
5.27high school and college students served, the
5.28total hours of community service by high
5.29school and college students, and a list of
5.30communities and organizations benefiting
5.31from student service hours.
| 5.32 5.33 |
Subd. 20.Spinal Cord Injury and Traumatic Brain Injury Research Grant Program |
3,000,000 |
3,000,000 |
||||
6.2injury research grants authorized under
6.3Minnesota Statutes, section 136A.901.
6.4The commissioner may use no more than two
6.5percent of this appropriation to administer the
6.6grant program under this subdivision.
| 6.7 6.8 |
Subd. 21.Summer Academic Enrichment Program |
125,000 |
125,000 |
||||
6.10Minnesota Statutes, section 136A.091.
6.11The commissioner may use no more than two
6.12percent of this appropriation to administer the
6.13grant program under this subdivision.
| 6.14 6.15 |
Subd. 22.Dual Training Competency Grants; Office of Higher Education |
2,000,000 |
2,000,000 |
||||
6.17section 136A.246.
6.18The commissioner may use no more than two
6.19percent of this appropriation to administer the
6.20grant program under this subdivision.
| 6.21 6.22 |
Subd. 23.Dual Training Competency Grants; Department of Labor and Industry |
200,000 |
200,000 |
||||
6.24industry for identification of competency
6.25standards for dual training under Minnesota
6.26Statutes, section 175.45.
| 6.27 |
Subd. 24.Concurrent Enrollment Courses |
340,000 |
340,000 |
||||
6.29in fiscal year 2019 are for grants to develop
6.30new concurrent enrollment courses under
6.31Minnesota Statutes, section 124D.09,
6.32subdivision 10, that satisfy the elective
6.33standard for career and technical education.
7.1Any balance in the first year does not cancel
7.2but is available in the second year.
7.3(b) $115,000 in fiscal year 2018 and $115,000
7.4in fiscal year 2019 are for grants to
7.5postsecondary institutions currently
7.6sponsoring a concurrent enrollment course to
7.7expand existing programs. The commissioner
7.8shall determine the application process and
7.9the grant amounts. The commissioner must
7.10give preference to expanding programs that
7.11are at capacity. Any balance in the first year
7.12does not cancel but is available in the second
7.13year.
7.14(c) By December 1 of each year, the office
7.15shall submit a brief report to the chairs and
7.16ranking minority members of the legislative
7.17committees with jurisdiction over higher
7.18education regarding:
7.19(1) the courses developed by grant recipients
7.20and the number of students who enrolled in
7.21the courses under paragraph (a); and
7.22(2) the programs expanded and the number of
7.23students who enrolled in programs under
7.24paragraph (b).
| 7.25 |
Subd. 25.Campus Sexual Assault Reporting |
25,000 |
25,000 |
||||
7.27Minnesota Statutes, section 135A.15.
| 7.28 7.29 |
Subd. 26.Campus Sexual Violence Prevention and Response Coordinator |
150,000 |
150,000 |
||||
7.31campus sexual violence prevention and
7.32response coordinator to serve as a statewide
7.33resource providing professional development
7.34and guidance on best practices for
8.1postsecondary institutions. $50,000 each year
8.2are for administrative funding to conduct
8.3trainings and provide materials to
8.4postsecondary institutions.
| 8.5 8.6 |
Subd. 27.Addiction Medicine Graduate Fellowship Program |
210,000 |
-0- |
||||
8.8program under Laws 2016, chapter 189, article
8.91, section 2, subdivision 4.
| 8.10 8.11 |
Subd. 28.Student and Employer Connection Information System |
405,000 |
405,000 |
||||
8.13Foundation for the creation of a web-based
8.14job and intern-seeking software tool that blind
8.15matches the needs of employers located in
8.16Minnesota with the individual profiles of high
8.17school seniors and postsecondary students
8.18attending Minnesota high schools and
8.19postsecondary institutions. No more than two
8.20percent of this appropriation may be used for
8.21administrative expenses of the foundation. The
8.22foundation must report by January 15, 2019,
8.23on activities under this subdivision to the
8.24chairs and ranking minority members of the
8.25legislative committees with jurisdiction over
8.26higher education finance.
| 8.27 8.28 |
Subd. 29.Emergency Assistance for Postsecondary Students |
175,000 |
175,000 |
||||
8.30Higher Education to allocate grant funds on a
8.31matching basis to schools with a demonstrable
8.32homeless student population.
8.33(b) This appropriation shall be used to meet
8.34immediate student needs that could result in
8.35a student not completing the term or their
9.1program including, but not limited to,
9.2emergency housing, food, and transportation.
9.3Emergency assistance does not impact the
9.4amount of state financial aid received.
9.5(c) The commissioner shall determine the
9.6application process and the grant amounts.
9.7Any balance in the first year does not cancel
9.8but shall be available in the second year. The
9.9Office of Higher Education shall partner with
9.10interested postsecondary institutions, other
9.11state agencies, and student groups to establish
9.12the programs.
| 9.13 |
Subd. 30.Grants to Teacher Candidates |
500,000 |
500,000 |
||||
9.15Minnesota Statutes, section 136A.1275. This
9.16appropriation is in addition to the money
9.17available under Laws 2016, chapter 189,
9.18article 25, section 62, subdivision 11.
9.19The commissioner may use no more than two
9.20percent of the appropriation for administration
9.21of the program.
| 9.22 |
Subd. 31.Teacher Shortage Loan Forgiveness |
200,000 |
200,000 |
||||
9.24Minnesota Statutes, section 136A.1791.
9.25The commissioner may use no more than two
9.26percent of this appropriation to administer the
9.27program under this subdivision.
| 9.28 9.29 |
Subd. 32.Large Animal Veterinarian Loan Forgiveness Program |
375,000 |
375,000 |
||||
9.31forgiveness program under Minnesota Statutes,
9.32section 136A.1795.
| 9.33 9.34 |
Subd. 33.Agricultural Educators Loan Forgiveness |
50,000 |
50,000 |
||||
10.2forgiveness account.
| 10.3 10.4 |
Subd. 34.Aviation Degree Loan Forgiveness Program |
25,000 |
25,000 |
||||
10.6program under Minnesota Statutes, section
10.7136A.1789.
| 10.8 10.9 |
Subd. 35.Grants for Students with Intellectual and Developmental Disabilities |
200,000 |
200,000 |
||||
10.11developmental disabilities under Minnesota
10.12Statutes, section 136A.1215.
| 10.13 |
Subd. 36.Loan Repayment Assistance Program |
25,000 |
25,000 |
||||
10.15Program of Minnesota to provide education
10.16debt relief to attorneys with full-time
10.17employment providing legal advice or
10.18representation to low-income clients or support
10.19services for this work.
| 10.20 |
Subd. 37.Minnesota Life College |
1,000,000 |
1,000,000 |
||||
10.22need-based scholarships and tuition reduction.
| 10.23 |
Subd. 38.Agency Administration |
2,564,000 |
2,564,000 |
||||
| 10.24 |
Subd. 39.Balances Forward |
||||||
10.26does not cancel, but is available for the second
10.27year.
| 10.28 |
Subd. 40.Transfers |
||||||
10.30Education may transfer unencumbered
10.31balances from the appropriations in this
10.32section to the state grant appropriation, the
10.33interstate tuition reciprocity appropriation, the
10.34child care grant appropriation, the Indian
11.1scholarship appropriation, the state work-study
11.2appropriation, the get ready appropriation, and
11.3the public safety officers' survivors
11.4appropriation. Transfers from the child care
11.5or state work-study appropriations may only
11.6be made to the extent there is a projected
11.7surplus in the appropriation. A transfer may
11.8be made only with prior written notice to the
11.9chairs and ranking minority members of the
11.10senate and house of representatives
11.11committees with jurisdiction over higher
11.12education finance.
| 11.13 11.14 11.15 |
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
||||||
| 11.16 |
Subdivision 1.Total Appropriation |
$ |
709,748,000 |
$ |
714,640,000 |
||
11.18purpose are specified in the following
11.19subdivisions.
| 11.20 |
Subd. 2.Central Office and Shared Services Unit |
33,074,000 |
33,074,000 |
||||
11.22Shared Services Division.
11.23Notwithstanding section 136F.06, subdivision
11.243, the Board of Trustees must not renew its
11.25existing lease for the central office location,
11.26and must explore co-locating the central office
11.27on an existing system campus or campuses.
| 11.28 |
Subd. 3.Operations and Maintenance |
672,559,000 |
677,451,000 |
||||
11.30transfer $100,000 for each campus not located
11.31in a metropolitan county, as defined in
11.32Minnesota Statutes, section 473.121,
11.33subdivision 4, in each year to the president of
11.34each institution that includes such a campus,
12.1provided that no institution may receive more
12.2than $300,000 under this paragraph. Funds
12.3appropriated under this paragraph are for
12.4enrollment, new program, and student success
12.5initiatives.
12.6(b) The Board of Trustees must establish
12.7tuition rates as follows:
12.8(1) for the 2017-2018 academic year, the
12.9tuition rate at colleges must not exceed the
12.102016-2017 academic year rate; and
12.11(2) for the 2018-2019 academic year, the
12.12tuition rate at universities must not exceed the
12.132017-2018 academic year rate, and the tuition
12.14rate at colleges must be reduced by at least
12.15one percent compared to the 2017-2018
12.16academic year rate.
12.17The student tuition relief may not be offset by
12.18increases in mandatory fees, charges, or other
12.19assessments to the student.
12.20(c) The Board of Trustees is requested to help
12.21Minnesota close the attainment gap by funding
12.22activities which improve retention and
12.23completion for students of color.
12.24(d) This appropriation includes $500,000 in
12.25fiscal year 2018 and $500,000 in fiscal year
12.262019 for workforce development scholarships
12.27under Minnesota Statutes, section 136F.38.
12.28(e) $200,000 each year is for transfer to the
12.29Cook County Higher Education Board to
12.30provide educational programming and
12.31academic support services to remote regions
12.32in northeastern Minnesota. The Cook County
12.33Higher Education Board shall continue to
12.34provide information to the Board of Trustees
13.1on the number of students served, credit hours
13.2delivered, and services provided to students.
13.3(f) $50,000 in fiscal year 2018 and $50,000 in
13.4fiscal year 2019 are for developing and
13.5teaching online agricultural courses by farm
13.6business management faculty at colleges that
13.7offer farm business management.
13.8(g) $175,000 in fiscal year 2018 and $175,000
13.9in fiscal year 2019 are for the
13.10veterans-to-agriculture pilot program
13.11established by Laws 2015, chapter 69, article
13.121, section 4, subdivision 3. The program shall
13.13continue to conform to the requirements of
13.14that subdivision. The appropriation shall be
13.15used to support, in equal amounts, up to six
13.16program sites statewide. No more than two
13.17percent of the total appropriation provided by
13.18this section may be used for administrative
13.19purposes at the system level.
13.20No later than December 15, 2018, the program
13.21shall report to the committees of the house of
13.22representatives and the senate with jurisdiction
13.23over issues related to agriculture, veterans
13.24affairs, and higher education on program
13.25operations, including information on
13.26participation rates, new job placements, and
13.27any unmet needs.
13.28(h) This appropriation includes $40,000 in
13.29fiscal year 2018 and $40,000 in fiscal year
13.302019 to implement the sexual assault policies
13.31required under Minnesota Statutes, section
13.32135A.15.
13.33(i) This appropriation includes $3,000,000 in
13.34fiscal year 2018 and $5,000,000 in fiscal year
14.12019 for upgrading the Integrated Statewide
14.2Record System.
14.3(j) $100,000 in fiscal year 2018 is for use by
14.4Winona State University for HealthForce
14.5Minnesota to develop educational materials
14.6that increase awareness of career opportunities
14.7available in the field of senior care. The
14.8educational materials developed under this
14.9provision must be appropriate for students in
14.10K-12 education settings, dislocated workers,
14.11and rural communities. Materials must be
14.12developed in collaboration with employers
14.13and trade organizations representing
14.14employers in the field of senior care.
14.15Winona State University shall submit a report
14.16by February 1, 2019, to the chairs and ranking
14.17minority members of the legislative
14.18committees with jurisdiction over higher
14.19education finance and policy. The report must
14.20include information about the materials
14.21developed, to whom materials were
14.22distributed, and identify any collaborations
14.23with employers and trade organizations.
| 14.24 |
Subd. 4.Learning Network of Minnesota |
4,115,000 |
4,115,000 |
||||
| 14.25 14.26 |
Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
||||||
| 14.27 |
Subdivision 1.Total Appropriation |
$ |
636,868,000 |
$ |
638,818,000 |
||
| 14.28 |
Appropriations by Fund |
||
| 14.29 |
2018 |
2019 |
|
| 14.30 |
General |
634,711,000 |
636,661,000 |
| 14.31 |
Health Care Access |
2,157,000 |
2,157,000 |
14.33purpose are specified in the following
14.34subdivisions.
| 15.1 |
Subd. 2.Operations and Maintenance |
567,273,000 |
569,223,000 |
||||
15.3$15,000,000 in fiscal year 2019 are to: (1)
15.4increase the medical school's research
15.5capacity; (2) improve the medical school's
15.6ranking in National Institutes of Health
15.7funding; (3) ensure the medical school's
15.8national prominence by attracting and
15.9retaining world-class faculty, staff, and
15.10students; (4) invest in physician training
15.11programs in rural and underserved
15.12communities; and (5) translate the medical
15.13school's research discoveries into new
15.14treatments and cures to improve the health of
15.15Minnesotans.
15.16(b) $6,800,000 in fiscal year 2018 and
15.17$8,800,000 in fiscal year 2019 are for health
15.18training restoration. This appropriation must
15.19be used to support all of the following: (1)
15.20faculty physicians who teach at eight residency
15.21program sites, including medical resident and
15.22student training programs in the Department
15.23of Family Medicine; (2) the Mobile Dental
15.24Clinic; and (3) expansion of geriatric
15.25education and family programs.
15.26(c) $1,000,000 in fiscal year 2018 and
15.27$1,000,000 in fiscal year 2019 are for the
15.28Minnesota Discovery, Research, and
15.29InnoVation Economy funding program for
15.30cancer care research.
15.31(d) $50,000 in fiscal year 2018 is to develop
15.32and implement a plan to offer the academic
15.33program for students with intellectual and
15.34developmental disabilities required in article
15.352, section 17. The Board of Regents must
16.1submit a report on the plan to the chairs and
16.2ranking minority members of the committees
16.3of the legislature with jurisdiction over higher
16.4education finance and policy no later than
16.5January 15, 2018. The report must describe
16.6program plans, including strategies for
16.7recruitment of applicants, and strategies to
16.8address anticipated program needs that cannot
16.9be filled using existing campus or system
16.10resources. This is a onetime appropriation.
16.11(e) $500,000 in fiscal year 2018 and $500,000
16.12in fiscal year 2019 are for the University of
16.13Minnesota, Morris branch, to cover the costs
16.14of tuition waivers under Minnesota Statutes,
16.15section 137.16.
| 16.16 |
Subd. 3.Primary Care Education Initiatives |
2,157,000 |
2,157,000 |
||||
16.18access fund.
| 16.19 |
Subd. 4.Special Appropriations |
||||||
| 16.20 |
(a) Agriculture and Extension Service |
42,922,000 |
42,922,000 |
||||
16.22the Minnesota Extension Service:
16.23(1) the agricultural experiment stations and
16.24Minnesota Extension Service must convene
16.25agricultural advisory groups to focus research,
16.26education, and extension activities on producer
16.27needs and implement an outreach strategy that
16.28more effectively and rapidly transfers research
16.29results and best practices to producers
16.30throughout the state;
16.31(2) this appropriation includes funding for
16.32research and outreach on the production of
16.33renewable energy from Minnesota biomass
16.34resources, including agronomic crops, plant
17.1and animal wastes, and native plants or trees.
17.2The following areas should be prioritized and
17.3carried out in consultation with Minnesota
17.4producers, renewable energy, and bioenergy
17.5organizations:
17.6(i) biofuel and other energy production from
17.7perennial crops, small grains, row crops, and
17.8forestry products in conjunction with the
17.9Natural Resources Research Institute (NRRI);
17.10(ii) alternative bioenergy crops and cropping
17.11systems; and
17.12(iii) biofuel coproducts used for livestock feed;
17.13(3) this appropriation includes funding for the
17.14College of Food, Agricultural, and Natural
17.15Resources Sciences to establish and provide
17.16leadership for organic agronomic,
17.17horticultural, livestock, and food systems
17.18research, education, and outreach and for the
17.19purchase of state-of-the-art laboratory,
17.20planting, tilling, harvesting, and processing
17.21equipment necessary for this project;
17.22(4) this appropriation includes funding for
17.23research efforts that demonstrate a renewed
17.24emphasis on the needs of the state's agriculture
17.25community. The following areas should be
17.26prioritized and carried out in consultation with
17.27Minnesota farm organizations:
17.28(i) vegetable crop research with priority for
17.29extending the Minnesota vegetable growing
17.30season;
17.31(ii) fertilizer and soil fertility research and
17.32development;
18.1(iii) soil, groundwater, and surface water
18.2conservation practices and contaminant
18.3reduction research;
18.4(iv) discovering and developing plant varieties
18.5that use nutrients more efficiently;
18.6(v) breeding and development of turf seed and
18.7other biomass resources in all three Minnesota
18.8biomes;
18.9(vi) development of new disease-resistant and
18.10pest-resistant varieties of turf and agronomic
18.11crops;
18.12(vii) utilizing plant and livestock cells to treat
18.13and cure human diseases;
18.14(viii) the development of dairy coproducts;
18.15(ix) a rapid agricultural response fund for
18.16current or emerging animal, plant, and insect
18.17problems affecting production or food safety;
18.18(x) crop pest and animal disease research;
18.19(xi) developing animal agriculture that is
18.20capable of sustainably feeding the world;
18.21(xii) consumer food safety education and
18.22outreach;
18.23(xiii) programs to meet the research and
18.24outreach needs of organic livestock and crop
18.25farmers; and
18.26(xiv) alternative bioenergy crops and cropping
18.27systems; and growing, harvesting, and
18.28transporting biomass plant material; and
18.29(5) by February 1, 2019, the Board of Regents
18.30must submit a report to the legislative
18.31committees and divisions with jurisdiction
18.32over agriculture and higher education finance
19.1on the status and outcomes of research and
19.2initiatives funded in this paragraph.
| 19.3 |
(b) Health Sciences |
9,204,000 |
9,204,000 |
||||
19.5resident physicians in the St. Cloud Hospital
19.6family practice residency program. The
19.7program must prepare doctors to practice
19.8primary care medicine in rural areas of the
19.9state. The legislature intends this program to
19.10improve health care in rural communities,
19.11provide affordable access to appropriate
19.12medical care, and manage the treatment of
19.13patients in a more cost-effective manner. The
19.14remainder of this appropriation is for the rural
19.15physicians associates program; the Veterinary
19.16Diagnostic Laboratory; health sciences
19.17research; dental care; the Biomedical
19.18Engineering Center; and the collaborative
19.19partnership between the University of
19.20Minnesota and Mayo Clinic for regenerative
19.21medicine, research, clinical translation, and
19.22commercialization.
| 19.23 |
(c) Institute of Technology |
1,140,000 |
1,140,000 |
||||
19.25youth mathematics program.
| 19.26 |
(d) System Special |
6,181,000 |
6,181,000 |
||||
19.28Service, Natural Resources Research Institute,
19.29Center for Urban and Regional Affairs, Bell
19.30Museum of Natural History, and the
19.31Humphrey exhibit.
19.32$1,000,000 in fiscal year 2018 and $1,000,000
19.33in fiscal year 2019 are for the Natural
20.1Resources Research Institute to invest in
20.2applied research for economic development.
| 20.3 20.4 |
(e) University of Minnesota and Mayo Foundation Partnership |
7,991,000 |
7,991,000 |
||||
20.6activities:
20.7(1) $7,491,000 in fiscal year 2018 and
20.8$7,491,000 in fiscal year 2019 are for the
20.9direct and indirect expenses of the
20.10collaborative research partnership between the
20.11University of Minnesota and the Mayo
20.12Foundation for research in biotechnology and
20.13medical genomics. An annual report on the
20.14expenditure of these funds must be submitted
20.15to the governor and the chairs of the legislative
20.16committees responsible for higher education
20.17finance by June 30 of each fiscal year.
20.18(2) $500,000 in fiscal year 2018 and $500,000
20.19in fiscal year 2019 are to award competitive
20.20grants to conduct research into the prevention,
20.21treatment, causes, and cures of Alzheimer's
20.22disease and other dementias.
| 20.23 |
Subd. 5.Academic Health Center |
||||||
20.25funding under Minnesota Statutes, section
20.26297F.10, is estimated to be $22,250,000 each
20.27year.
| 20.28 |
Sec. 5. MAYO CLINIC |
||||||
| 20.29 |
Subdivision 1.Total Appropriation |
$ |
1,351,000 |
$ |
1,351,000 |
||
20.31in the following subdivisions.
| 20.32 |
Subd. 2.Medical School |
665,000 |
665,000 |
||||
21.2each student who is a resident of Minnesota.
21.3The appropriation may be transferred between
21.4each year of the biennium to accommodate
21.5enrollment fluctuations. It is intended that
21.6during the biennium the Mayo Clinic use the
21.7capitation money to increase the number of
21.8doctors practicing in rural areas in need of
21.9doctors.
| 21.10 21.11 |
Subd. 3.Family Practice and Graduate Residency Program |
686,000 |
686,000 |
||||
21.1327 residents each year.
21.16 Section 1. Minnesota Statutes 2016, section 43A.06, subdivision 1, is amended to read:
21.17 Subdivision 1. General. (a) The commissioner shall perform the duties assigned to the
21.18commissioner by sections
21.19(b) The commissioner shall be the state labor negotiator for purposes of negotiating and
21.20administering agreements with exclusive representatives of employees and shall perform
21.21any other duties delegated by the commissioner subject to the limitations in paragraph (c).
21.22(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise
21.23the powers under this section for employees included in the units provided in clauses (9),
21.24(10), and (11) of section
21.26shall have the right to review and comment to the Minnesota State Colleges and Universities
21.27on the board's final proposals prior to exchange of final positions with the designated
21.28bargaining units as well as any requests for interest arbitration. The legislature encourages
21.29the Board of Trustees, in coordination with the commissioner of management and budget
21.30and the Board of Regents of the University of Minnesota, to endeavor in collective bargaining
21.31negotiations to seek fiscal balance recognizing the ability of the employer to fund the
21.32agreements or awards. When submitting a proposed collective bargaining agreement to the
21.33Legislative Coordinating Commission and the legislature under section
21.342
22.1by the commissioner in calculating the costs of the proposed contract. The Legislative
22.2Coordinating Commission must, when considering a collective bargaining agreement or
22.3arbitration award submitted by the Board of Trustees, evaluate market conditions affecting
22.4the employees in the bargaining unit, equity with other bargaining units in the executive
22.5branch, and the ability of the trustees and the state to fund the agreement or award.
22.6 Sec. 2. Minnesota Statutes 2016, section 135A.031, subdivision 7, is amended to read:
22.7 Subd. 7. Reports. (a) The University of Minnesota and the Minnesota State Colleges
22.8and Universities systems shall include in their biennial budget proposals to the legislature:
22.9 (1) a five-year history of systemwide expenditures, reported by:
22.10 (i) functional areas, including instruction, research, public service, student financial aid,
22.11and auxiliary services, and including direct costs and indirect costs, such as institutional
22.12support, academic support, student services, and facilities management, associated with
22.13each functional area; and
22.14 (ii) objects of expenditure, such as salaries, benefits, supplies, and equipment, including
22.15a full explanation of all material changes to the expenditure categories when compared to
22.16the prior fiscal year;
22.17 (2) a five-year history of the system's total instructional expenditures per full-year
22.18equivalent student, by level of instruction, including upper-division undergraduate,
22.19lower-division undergraduate, graduate, professional, and other categories of instructional
22.20programs offered by the system;
22.21 (3) a five-year history of the system's total revenues by funding source, including tuition,
22.22state operations and maintenance appropriations, state special appropriations, other restricted
22.23state funds, federal appropriations, sponsored research funds, gifts, auxiliary revenue, indirect
22.24cost recovery, and any other revenue sources;
22.25 (4) an explanation describing how state appropriations made to the system in the previous
22.26biennium were allocated and the methodology used to determine the allocation;
22.27 (5) data describing how the institution reallocated resources to advance the priorities set
22.28forth in the budget submitted under section
22.29section
22.30received a reduction in or additional resources. The total amount reallocated must be clearly
22.31explained;
23.1 (6) the tuition rates and fees established by the governing board in each of the past ten
23.2years and comparison data for peer institutions and national averages;
23.3 (7) data on the number and proportion of students graduating within four, five, and six
23.4years from universities and within three years from colleges as reported in the integrated
23.5postsecondary education data system. These data must be provided for each institution by
23.6race, ethnicity, and gender. Data and information must be submitted that describe the system's
23.7plan and progress toward attaining the goals set forth in the plan to increase the number and
23.8proportion of students that graduate within four, five, or six years from a university or within
23.9three years from a college;
23.10 (8) data on, and the methodology used to measure, the number of students traditionally
23.11underrepresented in higher education enrolled at the system's institutions. Data and
23.12information must be submitted that describe the system's plan and progress toward attaining
23.13the goals set forth in the plan to increase the recruitment, retention, and timely graduation
23.14of students traditionally underrepresented in higher education;
23.15 (9) data on the revenue received from all sources to support research or workforce
23.16development activities or the system's efforts to license, sell, or otherwise market products,
23.17ideas, technology, and related inventions created in whole or in part by the system. Data
23.18and information must be submitted that describe the system's plan and progress toward
23.19attaining the goals set forth in the plan to increase the revenue received to support research
23.20or workforce development activities or revenue received from the licensing, sale, or other
23.21marketing and technology transfer activities by the system;
23.22 (10) data on consulting contracts from the last two completed fiscal years for which the
23.23work is performed by a consultant who is not an employee of the system, for which the
23.24system paid in excess of $500,000. Data must include the name of the consultant, the total
23.25value of the contract, a description of the work completed, and a description of the reasons
23.26for using an outside consultant and not internal staff. Consulting contracts are defined as
23.27contracts from management, investment and financial advisory services, project management,
23.28computer/technology advisory services, and construction project management; and
23.29(11) aggregate data on the following:
23.30(i) student demographics;
23.31(ii) a five-year history of student enrollment, including student enrollment by legislative
23.32district;
23.33(iii) a five-year history of student debt;
24.1(iv) a five-year history of mandatory student fees by campus;
24.2(v) employee head count and employee demographics;
24.3(vi) facilities, including physical space overview, condition, square footage, distribution
24.4by region, any deferred maintenance, and capital bonding requested and received;
24.5(vii) administrative costs, including the definition of "administrators" used by the system,
24.6the total number of "administrators" as percent of total employee head count, and system
24.7office budget for Minnesota State Colleges and Universities as percent of total system
24.8general fund revenue; and
24.9 (viii) college and university operating budgets.
24.10 (b) Data required by this subdivision shall be submitted by the public postsecondary
24.11systems to the Minnesota Office of Higher Education and the Department of Management
24.12and Budget and included in the biennial budget document. Representatives from each system,
24.13in consultation with the commissioner of management and budget and the commissioner
24.14of the Office of Higher Education, shall develop consistent reporting practices for this
24.15purpose.
24.16 (c) To the extent practicable, each system shall develop the ability to respond to legislative
24.17requests for financial analyses that are more detailed than those required by this subdivision,
24.18including but not limited to analyses that show expenditures or revenues by institution or
24.19program, or in multiple categories of expenditures or revenues, and analyses that show
24.20revenue sources for particular types of expenditures.
24.21 Sec. 3. [135A.0434] MANDATORY STUDENT ACTIVITY FEES PROHIBITED.
24.22 Subdivision 1. Mandatory fee prohibition. (a) The governing board of a public
24.23postsecondary institution must not impose on students any mandatory fee funding
24.24noninstructional student programs, activities, groups, or services.
24.25(b) This section does not prohibit mandatory fees paid by students that are directly related
24.26to academic, administrative, or health services.
24.27(c) The Board of Regents of the University of Minnesota is requested to adopt a policy
24.28implementing this section.
24.29 Subd. 2. Penalty. If the Board of Regents of the University of Minnesota imposes a
24.30mandatory fee in violation of this section, the commissioner of management and budget
24.31must deduct an amount equal to the net revenue generated by that fee from the university's
24.32appropriation base in the first year of the next biennium.
25.1 Sec. 4. [135A.158] INFORMATION PROVIDED TO STUDENT PARENTS AND
25.2PREGNANT STUDENTS.
25.3A public or regionally accredited private postsecondary educational institution must
25.4provide information according to this section to students who are parents of one or more
25.5children age 12 or younger, and to students who notify the institution that they are pregnant.
25.6The information must include a fact sheet on the legal rights of student parents and pregnant
25.7students and a list of resources to support student parents and pregnant students. The list of
25.8resources may include resources for prenatal care, child care, transportation, and housing.
25.9This information must be available in languages that reflect the primary languages of the
25.10institution's student body.
25.11 Sec. 5. [136A.055] DEVELOPMENTAL EDUCATION REPORTING.
25.12(a) The commissioner must report on the department's Web site the following summary
25.13data on students who graduated from a Minnesota high school and are attending a public
25.14postsecondary institution in Minnesota, limited to the most recent academic school year:
25.15(1) the number of students placed in supplemental or developmental education;
25.16(2) the number of students who complete supplemental or developmental education
25.17within one academic year;
25.18(3) the number of students that complete gateway courses in one academic year; and
25.19(4) time to complete a degree or certificate at a postsecondary institution.
25.20(b) Summary data must be aggregated by school district, high school, and postsecondary
25.21institution. Summary data must be disaggregated by race, ethnicity, free or reduced-price
25.22lunch eligibility, and age.
25.23(c) The commissioner must post the initial data on the department's Web site on or before
25.24February 15, 2018, and must update the data at least annually thereafter.
25.25 Sec. 6. Minnesota Statutes 2016, section 136A.101, subdivision 5a, is amended to read:
25.26 Subd. 5a. Assigned family responsibility. "Assigned family responsibility" means the
25.27amount of a family's contribution to a student's cost of attendance, as determined by a federal
25.28need analysis. For dependent students, the assigned family responsibility is
25.29of the parental contribution. For independent students with dependents other than a spouse,
25.30the assigned family responsibility is
26.1independent students without dependents other than a spouse, the assigned family
26.2responsibility is
26.3 Sec. 7. [136A.1215] GRANTS FOR STUDENTS WITH INTELLECTUAL AND
26.4DEVELOPMENTAL DISABILITIES.
26.5 Subdivision 1. Establishment. A program is established to provide financial assistance
26.6to students with intellectual and developmental disabilities that attend a Minnesota
26.7postsecondary institution.
26.8 Subd. 2. Eligible students. A postsecondary student is eligible for a grant under this
26.9section if the student:
26.10(1) meets the eligibility requirements in section 136A.121, subdivision 2;
26.11(2) is a student with an intellectual disability, as defined in Code of Federal Regulations,
26.12title 34, section 668.231, and is enrolled in a comprehensive transition and postsecondary
26.13program under that section; and
26.14(3) attends an eligible institution, as defined in section 136A.101, subdivision 4.
26.15 Subd. 3. Application. To receive a grant under this section, a student must apply in the
26.16form and manner specified by the commissioner.
26.17 Subd. 4. Grant amounts. (a) The amount of a grant under this section equals the tuition
26.18and fees at the student's postsecondary institution, minus:
26.19(1) any Pell or state grants the student receives; and
26.20(2) any institutional aid the student receives.
26.21(b) If appropriations are insufficient to provide the full amount calculated under paragraph
26.22(a) to all eligible applicants, the commissioner must reduce the grants of all recipients
26.23proportionally.
26.24 Subd. 5. Reporting. By February 15 of each year, the commissioner of higher education
26.25must submit a report on the details of the program under this section to the legislative
26.26committees with jurisdiction over higher education finance and policy. The report must
26.27include the following information, broken out by postsecondary institution:
26.28(1) the number of students receiving an award;
26.29(2) the average and total award amounts; and
26.30(3) summary demographic data on award recipients.
27.1 Sec. 8. Minnesota Statutes 2016, section 136A.125, subdivision 2, is amended to read:
27.2 Subd. 2. Eligible students. (a) An applicant is eligible for a child care grant if the
27.3applicant:
27.4 (1) is a resident of the state of Minnesota or the applicant's spouse is a resident of the
27.5state of Minnesota;
27.6 (2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled
27.7as defined in section
27.8from a licensed or legal, nonlicensed caregiver;
27.9 (3) is income eligible as determined by the office's policies and rules, but is not a recipient
27.10of assistance from the Minnesota family investment program;
27.11 (4) either has not earned a baccalaureate degree and has been enrolled full time less than
27.12
27.13enrolled full time less than
27.14degree program;
27.15 (5) is pursuing a nonsectarian program or course of study that applies to an undergraduate,
27.16graduate, or professional degree, diploma, or certificate;
27.17 (6) is enrolled in at least six credits in an undergraduate program or one credit in a
27.18graduate or professional program in an eligible institution; and
27.19 (7) is in good academic standing and making satisfactory academic progress.
27.20 (b) A student who withdraws from enrollment for active military service after December
27.2131, 2002, because the student was ordered to active military service as defined in section
27.23professional, that substantially limits the student's ability to complete the term is entitled to
27.24an additional semester or the equivalent of grant eligibility and will be considered to be in
27.25continuing enrollment status upon return.
27.26 Sec. 9. Minnesota Statutes 2016, section 136A.125, subdivision 4, is amended to read:
27.27 Subd. 4. Amount and length of grants. (a) The amount of a child care grant must be
27.28based on:
27.29 (1) the income of the applicant and the applicant's spouse;
27.30 (2) the number in the applicant's family, as defined by the office; and
27.31 (3) the number of eligible children in the applicant's family.
28.1 (b) The maximum award to the applicant shall be
28.2per academic year, except that the campus financial aid officer may apply to the office for
28.3approval to increase grants by up to ten percent to compensate for higher market charges
28.4for infant care in a community. The office shall develop policies to determine community
28.5market costs and review institutional requests for compensatory grant increases to ensure
28.6need and equal treatment. The office shall prepare a chart to show the amount of a grant
28.7that will be awarded per child based on the factors in this subdivision. The chart shall include
28.8a range of income and family size.
28.9(c) Applicants with family incomes at or below a percentage of the federal poverty level,
28.10as determined by the commissioner, will qualify for the maximum award. The commissioner
28.11shall attempt to set the percentage at a level estimated to fully expend the available
28.12appropriation for child care grants. Applicants with family incomes exceeding that threshold
28.13will receive the maximum award minus ten percent of their income exceeding that threshold.
28.14If the result is less than zero, the grant is zero.
28.15(d) The academic year award amount must be disbursed by academic term using the
28.16following formula:
28.17(1) the academic year amount described in paragraph (b);
28.18(2) divided by the number of terms in the academic year;
28.19(3) divided by 15 for undergraduate students and six for graduate and professional
28.20students; and
28.21(4) multiplied by the number of credits for which the student is enrolled that academic
28.22term, up to 15 credits for undergraduate students and six for graduate and professional
28.23students.
28.24(e) Payments shall be made each academic term to the student or to the child care
28.25provider, as determined by the institution. Institutions may make payments more than once
28.26within the academic term.
28.27 Sec. 10. Minnesota Statutes 2016, section 136A.1275, is amended to read:
28.28136A.1275
28.29TEACHER CANDIDATE GRANTS.
28.30 Subdivision 1. Establishment. (a) The commissioner of the Office of Higher Education
28.31must establish a grant program for student teaching stipends for low-income students enrolled
28.32in a Board of Teaching-approved teacher preparation program who
29.1
29.2receiving their teaching license or belong to an underrepresented racial or ethnic group.
29.3
29.4
29.5
29.6
29.7
29.8(b) "Shortage area" means a license field or economic development region within
29.9Minnesota defined as a shortage area by the Department of Education using data collected
29.10for the teacher supply and demand report under section 127A.05, subdivision 6, or other
29.11surveys conducted by the Department of Education that provide indicators for teacher supply
29.12and demand.
29.13 Subd. 2. Eligibility. To be eligible for a grant under this section, a teacher candidate
29.14must:
29.15(1) be enrolled in a Board of Teaching-approved teacher preparation program that requires
29.16at least 12 weeks of student teaching
29.17to be recommended for a full professional teaching license
29.18
29.19(2) demonstrate financial need based on criteria established by the commissioner under
29.20subdivision 3;
29.21(3) intend to teach in a shortage area or belong to an underrepresented racial or ethnic
29.22group; and
29.23(4) be meeting satisfactory academic progress as defined under section 136A.101,
29.24subdivision 10.
29.25 Subd. 3. Administration; repayment. (a) The commissioner must establish an
29.26application process and other guidelines for implementing this program, including repayment
29.27responsibilities for stipend recipients who do not complete student teaching or who leave
29.28Minnesota to teach in another state during the first year after student teaching.
29.29(b) The commissioner must determine each academic year the stipend amount up to
29.30$7,500 based on the amount of available funding
29.31and the financial need of the applicants.
29.32(c) The percentage of the total award reserved for teacher candidates who identify as
29.33belonging to an underrepresented racial or ethnic group must be equal to or greater than the
30.1total percentage of students of underrepresented racial or ethnic groups as measured under
30.2section 120B.35, subdivision 3. If this percentage cannot be met because of a lack of
30.3qualifying candidates, the remaining amount may be awarded to teacher candidates who
30.4intend to teach in a shortage area.
30.5 Sec. 11. [136A.1789] AVIATION DEGREE LOAN FORGIVENESS PROGRAM.
30.6 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
30.7have the meanings given them.
30.8(b) "Qualified aircraft technician" means an individual who (1) has earned an associate's
30.9or bachelor's degree from a postsecondary institution located in Minnesota, and (2) has
30.10obtained an aviation mechanic's certificate from the Federal Aviation Administration.
30.11(c) "Qualified education loan" means a government, commercial, or foundation loan
30.12used by an individual for actual costs paid for tuition to a postsecondary institution located
30.13in Minnesota for a professional flight training degree.
30.14(d) "Qualified pilot" means an individual who (1) has earned an associate's or bachelor's
30.15degree in professional flight training from a postsecondary institution located in Minnesota,
30.16and (2) is in the process of obtaining or has obtained an airline transport pilot certificate.
30.17 Subd. 2. Creation of account. (a) An aviation degree loan forgiveness program account
30.18is established to provide qualified pilots and qualified aircraft technicians with financial
30.19assistance in repaying qualified education loans. The commissioner must use money from
30.20the account to establish and administer the aviation degree loan forgiveness program.
30.21(b) Appropriations made to the aviation degree loan forgiveness program account do
30.22not cancel and are available until expended.
30.23 Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program
30.24under this section, an individual must:
30.25(1) be a qualified pilot or qualified aircraft technician;
30.26(2) have qualified education loans;
30.27(3) reside in Minnesota; and
30.28(4) submit an application to the commissioner in the form and manner prescribed by the
30.29commissioner.
30.30(b) An applicant selected to participate must sign a contract to agree to serve a minimum
30.31one-year full-time service obligation according to subdivision 4. To complete the service
31.1obligation, the applicant must work full time in Minnesota as a qualified pilot or qualified
31.2aircraft technician. A participant must complete one year of service under this paragraph
31.3for each year the participant receives an award under this section.
31.4 Subd. 4. Service obligation. (a) Before receiving loan repayment disbursements and as
31.5requested, a participant must verify to the commissioner that the participant is employed in
31.6a position that fulfills the service obligation as required under subdivision 3, paragraph (b).
31.7(b) If a participant does not fulfill the required service obligation, the commissioner
31.8must collect from the participant the total amount paid to the participant under the loan
31.9forgiveness program plus interest at a rate established according to section 270C.40. The
31.10commissioner must deposit the money collected in the aviation degree loan forgiveness
31.11account. The commissioner must allow waivers of all or part of the money owed the
31.12commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented
31.13fulfillment of the minimum service commitment.
31.14 Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each
31.15year for participation in the aviation degree loan forgiveness program, within the limits of
31.16available funding. Applicants are responsible for securing their own qualified education
31.17loans.
31.18(b) For each year that the participant meets the eligibility requirements under subdivision
31.193, the commissioner must make annual disbursements directly to:
31.20(1) a selected qualified pilot of $5,000 or the balance of the participant's qualified
31.21education loans, whichever is less; and
31.22(2) a selected qualified aircraft technician of $3,000 or the balance of the participant's
31.23qualified education loans, whichever is less.
31.24(c) An individual may receive disbursements under this section for a maximum of five
31.25years.
31.26(d) The participant must provide the commissioner with verification that the full amount
31.27of the loan repayment disbursement received by the participant has been applied toward the
31.28designated qualified education loan. After each disbursement, verification must be received
31.29by the commissioner and approved before the next repayment disbursement is made.
31.30(e) If the participant receives a disbursement in the participant's fifth year of eligibility,
31.31the participant must provide the commissioner with verification that the full amount of the
31.32participant's final loan repayment disbursement was applied toward the designated qualified
31.33education loan. If a participant does not provide the verification as required under this
32.1paragraph within six months of receipt of the final disbursement, the commissioner must
32.2collect from the participant the amount of the final disbursement. The commissioner must
32.3deposit the money collected in the aviation degree loan forgiveness program account.
32.4 Subd. 6. Rules. The commissioner may adopt rules to implement this section.
32.5 Sec. 12. [136A.1794] AGRICULTURAL EDUCATION LOAN FORGIVENESS
32.6PROGRAM.
32.7 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
32.8have the meanings given.
32.9(b) "Qualified education loan" means a government, commercial, or foundation loan for
32.10actual costs paid for tuition, reasonable education expenses, and reasonable living expenses
32.11related to the graduate or undergraduate education of a qualified teacher.
32.12(c) "Qualified teacher" means a teacher licensed under chapter 122A who:
32.13(1) is employed in a nonadministrative position teaching agricultural education in any
32.14grade from grades 5 through 12 at a Minnesota school during the current year; and
32.15(2) has completed an undergraduate or graduate program in agricultural education at a
32.16college or university approved by the state of Minnesota to prepare persons for teacher
32.17licensure.
32.18(d) "School" means the following:
32.19(1) a school or program operated by a school district or a group of school districts;
32.20(2) a tribal contract school eligible to receive aid according to section 124D.83;
32.21(3) a charter school; or
32.22(4) a private school.
32.23 Subd. 2. Account; appropriation. An agricultural education loan forgiveness account
32.24is established in the special revenue fund to provide qualified teachers with financial
32.25assistance to repay qualified education loans. Money in the account, including interest, is
32.26appropriated to the commissioner for purposes of this section.
32.27 Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program
32.28under this section, an individual must:
32.29(1) be a qualified teacher;
32.30(2) have qualified education loans; and
33.1(3) submit an application to the commissioner in the form and manner prescribed by the
33.2commissioner.
33.3(b) An applicant selected to participate must sign a contract to agree to serve a minimum
33.4one-year full-time service obligation according to subdivision 4. To complete the service
33.5obligation, the applicant must work full time in Minnesota as a qualified teacher. A participant
33.6must complete one year of service under this paragraph for each year the participant receives
33.7an award under this section.
33.8 Subd. 4. Service obligation. (a) Before receiving loan repayment disbursements and as
33.9requested, a participant must verify to the commissioner that the participant is employed in
33.10a position that fulfills the service obligation as required under subdivision 3, paragraph (b).
33.11(b) If a participant does not fulfill the required service obligation, the commissioner
33.12must collect from the participant the total amount paid to the participant under the loan
33.13forgiveness program plus interest at a rate established according to section 270C.40. The
33.14commissioner must deposit the money collected in the agricultural education loan forgiveness
33.15account. The commissioner must allow waivers of all or part of the money owed the
33.16commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented
33.17fulfillment of the minimum service commitment.
33.18 Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each
33.19year for participation in the agricultural education loan forgiveness program, within the
33.20limits of available funding. Applicants are responsible for securing their own qualified
33.21education loans.
33.22(b) The commissioner must make annual disbursements directly to the eligible participant
33.23of $3,000 or the balance of the participant's qualified education loans, whichever is less,
33.24for each year that the participant meets the eligibility requirements under subdivision 3, up
33.25to a maximum of five years.
33.26(c) The participant must provide the commissioner with verification that the full amount
33.27of the loan repayment disbursement received by the participant has been applied toward the
33.28designated qualified education loan. After each disbursement, verification must be received
33.29by the commissioner and approved before the next repayment disbursement is made.
33.30 Sec. 13. Minnesota Statutes 2016, section 136A.653, is amended by adding a subdivision
33.31to read:
33.32 Subd. 5. Regionally accredited institutions in Minnesota. (a) A regionally accredited
33.33postsecondary institution with its primary physical location in Minnesota is exempt from
34.1the provisions of sections 136A.61 to 136A.71, including related fees, when it creates new
34.2or modifies existing:
34.3(1) majors, minors, concentrations, specializations, and areas of emphasis within approved
34.4degrees;
34.5(2) nondegree programs within approved degrees;
34.6(3) underlying curriculum or courses;
34.7(4) modes of delivery; and
34.8(5) locations.
34.9(b) The institution must annually notify the commissioner of the exempt actions listed
34.10in paragraph (a) and, upon the commissioner's request, must provide additional information
34.11about the action.
34.12(c) The institution must notify the commissioner within 60 days of a program closing.
34.13(d) Nothing in this subdivision exempts an institution from the annual registration and
34.14degree approval requirements of sections 136A.61 to 136A.71.
34.15 Sec. 14. Minnesota Statutes 2016, section 136A.685, is amended to read:
34.16136A.685 PRIVATE INSTITUTIONS; ADJUDICATION OF FRAUD OR
34.17MISREPRESENTATION.
34.18The office
34.19or name approval to a school if there has been a criminal, civil, or administrative adjudication
34.20of fraud or misrepresentation in Minnesota or in another state or jurisdiction against the
34.21school or its owner, officers, agents, or sponsoring organization. If the adjudication was
34.22related to a particular academic program, the office may revoke degree approval, or deny
34.23an application for degree approval, for that program only.
34.24The adjudication of fraud or misrepresentation is sufficient cause for the office to
34.25determine that a school:
34.26(1) does not qualify for exemption under section
34.27(2) is not approved to grant degrees or to use the term "academy," "college," "institute,"
34.28or "university" in its name.
35.1 Sec. 15. Minnesota Statutes 2016, section 136A.902, subdivision 1, is amended to read:
35.2 Subdivision 1. Membership. The commissioner shall appoint a
35.3advisory council consisting of:
35.4(1) one member representing the University of Minnesota Medical School;
35.5(2) one member representing the Mayo Medical School;
35.6(3) one member representing the Courage Kenny Rehabilitation Center;
35.7(4) one member representing Hennepin County Medical Center;
35.8(5) one member who is a neurosurgeon;
35.9(6) one member who has a spinal cord injury;
35.10(7) one member who is a family member of a person with a spinal cord injury;
35.11(8) one member who has a traumatic brain injury;
35.12(9) one member who is a veteran who has a spinal cord injury
35.13(10) one member who is a veteran who has a traumatic brain injury;
35.14(11) one member who is a family member of a person with a traumatic brain injury;
35.15
35.16injury
35.17
35.18injury; and
35.19(14) one member representing Gillette Children's Specialty Healthcare.
35.20 Sec. 16. [136F.38] WORKFORCE DEVELOPMENT SCHOLARSHIPS.
35.21 Subdivision 1. Program established. The board shall develop a scholarship program
35.22to incentivize new students to enter high-demand occupations upon graduation.
35.23 Subd. 2. Scholarship awards. The program shall award scholarships at the beginning
35.24of an academic term, in the amount of $2,500, to be distributed evenly between two terms.
35.25 Subd. 3. Program eligibility. (a) Scholarships shall be awarded only to a student eligible
35.26for resident tuition, as defined in section 135A.043, who is enrolled in any of the following
35.27programs of study or certification: (1) advanced manufacturing; (2) agriculture; (3) health
35.28care services; or (4) information technology.
36.1(b) The student must be enrolled for at least nine credits at a two-year college in the
36.2Minnesota State Colleges and Universities system.
36.3 Subd. 4. Renewal; cap. A student who has received a scholarship may apply again but
36.4total lifetime awards are not to exceed $5,000 per student. Students may only be awarded
36.5a second scholarship upon completion of two academic terms.
36.6 Subd. 5. Administration. (a) The board shall establish an application process and other
36.7guidelines for implementing this program.
36.8(b) The board shall give preference to students in financial need.
36.9 Subd. 6. Report required. The board must submit an annual report by February 1 of
36.10each year about the scholarship awards to the chairs and ranking minority members of the
36.11senate and house of representatives committees with jurisdiction over higher education
36.12finance and policy. The first report is due no later than February 1, 2019. The annual report
36.13shall describe the following:
36.14(1) the number of students receiving a scholarship at each two-year college during the
36.15previous fiscal year;
36.16(2) the number of scholarships awarded for each program of study or certification
36.17described in subdivision 3, paragraph (a);
36.18(3) the number of scholarship recipients who completed a program of study or certification
36.19described in subdivision 3, paragraph (a);
36.20(4) the number of scholarship recipients who secured employment by their graduation
36.21date and those who secured employment within three months of their graduation date;
36.22(5) a list of occupations scholarship recipients are entering; and
36.23(6) the number of students who were denied a scholarship.
36.24 Sec. 17. [137.45] PROGRAM FOR STUDENTS WITH INTELLECTUAL AND
36.25DEVELOPMENTAL DISABILITIES.
36.26 Subdivision 1. Program required. The Board of Regents of the University of Minnesota
36.27is requested to offer an academic program consistent with the requirements of this section
36.28for students with intellectual and developmental disabilities at the University of
36.29Minnesota-Morris.
36.30 Subd. 2. Enrollment and admission. The program must establish an enrollment goal
36.31of at least 15 incoming students per academic year. The board is requested to establish an
37.1application process for the program. A student who successfully completes the program
37.2must be awarded a certificate, diploma, or other appropriate academic credential.
37.3 Subd. 3. Curriculum and activities. (a) The program must provide an inclusive,
37.4full-time, two-year residential college experience for students with intellectual and
37.5developmental disabilities. The curriculum must include:
37.6(1) core courses that develop life skills, financial literacy, and the ability to live
37.7independently;
37.8(2) rigorous academic work in a student's chosen field of study; and
37.9(3) an internship, apprenticeship, or other skills-based experience to prepare for
37.10meaningful employment upon completion of the program.
37.11(b) In addition to academic requirements, the program must allow participating students
37.12the opportunity to engage fully in campus life. Program activities must include, but are not
37.13limited to:
37.14(1) the establishment of on-campus mentoring and peer support communities; and
37.15(2) opportunities for personal growth through leadership development and other
37.16community engagement activities.
37.17(c) The program may tailor its curriculum and activities to highlight academic programs,
37.18student and community life experiences, and employment opportunities unique to the campus
37.19or the region where the campus is located.
37.20 Subd. 4. Reporting. By January 15 of each year, the board must submit a report on the
37.21program to the chairs and ranking minority members of the committees in the house of
37.22representatives and the senate with jurisdiction over higher education finance and policy.
37.23The report must include, but need not be limited to, information regarding:
37.24(1) the number of students participating in the program;
37.25(2) program goals and outcomes; and
37.26(3) the success rate of participants.
37.27EFFECTIVE DATE.This section is effective beginning in the 2018-2019 academic
37.28year.
37.29 Sec. 18. [137.47] FETAL TISSUE RESEARCH.
37.30 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
37.31have the meanings given them.
38.1(b) "Aborted fetal tissue" means fetal tissue that is available as a result of an elective
38.2abortion.
38.3(c) "Fetal tissue" means any body part, organ, or cell of an unborn human child. Fetal
38.4tissue does not include tissue or cells obtained from a placenta, umbilical cord, or amniotic
38.5fluid.
38.6(d) "Institutional Review Board" or "IRB" means the University of Minnesota's
38.7Institutional Review Board, the primary unit responsible for oversight of human subjects
38.8research protections.
38.9(e) "Fetal Tissue Research Committee" or "FTR" means an oversight committee at the
38.10University of Minnesota with the responsibility to oversee, review, and approve or deny
38.11research using fetal tissue.
38.12(f) "Non-aborted fetal tissue" means fetal tissue that is available as a result of a
38.13miscarriage or stillbirth, or fetal tissue from a living unborn child.
38.14(g) "Research" means systematic investigation, including development, testing, and
38.15evaluation, designed to develop or contribute to generalizable knowledge. Research does
38.16not include a procedure or test administered to a particular patient by a physician for medical
38.17purposes.
38.18 Subd. 2. Approval by the Fetal Tissue Research Committee. (a) A researcher at the
38.19University of Minnesota must obtain approval from the FTR before conducting research
38.20using fetal tissue. The FTR must consider whether alternatives to fetal tissue would be
38.21sufficient for the research. If the proposed research involves aborted fetal tissue, the
38.22researcher must provide a written narrative justifying the use of aborted fetal tissue and
38.23discussing whether alternatives to aborted fetal tissue, including non-aborted fetal tissue,
38.24can be used.
38.25(b) The FTR must submit its decision to the IRB. The IRB is requested to review the
38.26conclusions of the FTR to ensure that all alternatives have been considered.
38.27 Subd. 3. Legislative report. (a) No later than January 15 of each year, the Board of
38.28Regents must submit a report to the chairs and ranking minority members of the legislative
38.29committees with jurisdiction over higher education policy and finance and health and human
38.30services policy and finance. The report must describe:
38.31(1) all fetal tissue research proposals submitted to the FTR or IRB, including any written
38.32narrative required under subdivision 2;
38.33(2) whether the research proposal involved aborted fetal tissue;
39.1(3) action by the FTR or IRB on all fetal tissue research proposals, including whether
39.2the proposal was approved by the FTR or IRB;
39.3(4) a list of all new or ongoing fetal tissue research projects at the university, including:
39.4(i) the date that the project was approved by the FTR or IRB;
39.5(ii) the source of funding for the project;
39.6(iii) the goal or purpose of the project;
39.7(iv) whether the fetal tissue used is aborted fetal tissue or non-aborted fetal tissue;
39.8(v) the source of the fetal tissue used;
39.9(vi) references to any publicly available information about the project, such as National
39.10Institutes of Health grant award information; and
39.11(vii) references to any publications resulting from the project.
39.12(b) The report must not include a researcher's name, other identifying information,
39.13contact information, or the location of a laboratory or office.
39.14 Subd. 4. Education on compliance to applicable laws and policies. The University
39.15of Minnesota is requested to conduct education programs for all students and employees
39.16engaged in research on fetal tissue. Programs are requested to include mandatory
39.17comprehensive training on applicable federal and state laws, university policies and
39.18procedures, and other professional standards related to the respectful, humane, and ethical
39.19treatment of fetal tissue in research.
39.20 Sec. 19. Minnesota Statutes 2016, section 148.89, subdivision 5, is amended to read:
39.21 Subd. 5. Practice of psychology. "Practice of psychology" means the observation,
39.22description, evaluation, interpretation, or modification of human behavior by the application
39.23of psychological principles, methods, or procedures for any reason, including to prevent,
39.24eliminate, or manage symptomatic, maladaptive, or undesired behavior and to enhance
39.25interpersonal relationships, work, life and developmental adjustment, personal and
39.26organizational effectiveness, behavioral health, and mental health. The practice of psychology
39.27includes, but is not limited to, the following services, regardless of whether the provider
39.28receives payment for the services:
39.29(1) psychological research and teaching of psychology subject to the exemptions in
39.30section 148.9075;
40.1(2) assessment, including psychological testing and other means of evaluating personal
40.2characteristics such as intelligence, personality, abilities, interests, aptitudes, and
40.3neuropsychological functioning;
40.4(3) a psychological report, whether written or oral, including testimony of a provider as
40.5an expert witness, concerning the characteristics of an individual or entity;
40.6(4) psychotherapy, including but not limited to, categories such as behavioral, cognitive,
40.7emotive, systems, psychophysiological, or insight-oriented therapies; counseling; hypnosis;
40.8and diagnosis and treatment of:
40.9(i) mental and emotional disorder or disability;
40.10(ii) alcohol and substance dependence or abuse;
40.11(iii) disorders of habit or conduct;
40.12(iv) the psychological aspects of physical illness or condition, accident, injury, or
40.13disability, including the psychological impact of medications;
40.14(v) life adjustment issues, including work-related and bereavement issues; and
40.15(vi) child, family, or relationship issues;
40.16(5) psychoeducational services and treatment; and
40.17(6) consultation and supervision.
40.18 Sec. 20. [148.9075] LICENSURE EXEMPTIONS.
40.19 Subdivision 1. Teaching and research. Nothing in sections 148.88 to 148.98 shall be
40.20construed to prevent a person employed in a secondary, postsecondary, or graduate institution
40.21from teaching and conducting research in psychology within an educational institution that
40.22is recognized by a regional accrediting organization or by a federal, state, county, or local
40.23government institution, agency, or research facility, so long as:
40.24(1) the institution, agency, or facility provides appropriate oversight mechanisms to
40.25ensure public protections; and
40.26(2) the person is not providing direct clinical services to a client or clients as defined in
40.27sections 148.88 to 148.98.
40.28 Subd. 2. Students. Nothing in sections 148.88 to 148.98 shall prohibit the practice of
40.29psychology under qualified supervision by a practicum psychology student, a predoctoral
40.30psychology intern, or an individual who has earned a doctoral degree in psychology and is
40.31in the process of completing their postdoctoral supervised psychological employment.
41.1 Sec. 21. [298.2215] COUNTY SCHOLARSHIP PROGRAM.
41.2 Subdivision 1. Establishment. A county may establish a scholarship fund from any
41.3unencumbered revenue received pursuant to section 298.018, 298.28, 298.39, 298.396, or
41.4298.405 or any law imposing a tax upon severed mineral values. Scholarships must be used
41.5at a two-year Minnesota State Colleges and Universities institution within the county. The
41.6county shall establish procedures for applying for and distributing the scholarships.
41.7 Subd. 2. Eligibility. An applicant for a scholarship under this section must be a resident
41.8of the county at the time of the applicant's high school graduation. The county may establish
41.9additional eligibility criteria.
41.10 Sec. 22. Laws 2014, chapter 312, article 1, section 15, is amended to read:
41.11 Sec. 15. UNIVERSITY OF MINNESOTA BASE ADJUSTMENT.
41.12 (a) For fiscal years 2016 to
41.13maintenance appropriation to the Board of Regents of the University of Minnesota in Laws
41.142013, chapter 99, article 1, section 5.
41.15(b) For fiscal years 2018 to 2040, $3,312,000 is added to the base operations and
41.16maintenance appropriation to the Board of Regents of the University of Minnesota in Laws
41.172013, chapter 99, article 1, section 5.
41.18 Sec. 23. DEVELOPMENTAL EDUCATION REFORM.
41.19(a) The Board of Trustees of the Minnesota State Colleges and Universities shall create
41.20a plan to reform developmental education offerings on system campuses aimed at reducing
41.21the number of students placed into developmental education. The plan must include, but is
41.22not limited to:
41.23(1) a systemwide multiple measures placement plan to guide campuses in placement of
41.24students into developmental education courses;
41.25(2) uniform cut scores for student placement, where appropriate, which will lead to fewer
41.26students being placed into developmental education courses;
41.27(3) other identified system policy changes, including an appeals process, that will decrease
41.28the number of students being placed into developmental education courses;
41.29(4) accelerated pathways in mathematics, reading, and composition to ensure students
41.30can complete developmental education work in no more than one year, including allowing
41.31for students to complete college-level gateway courses in one year whenever possible;
42.1(5) a comprehensive examination of the cost structure of developmental education,
42.2including potential financial incentives for students or other mechanisms to lower the cost
42.3of developmental offerings for students; and
42.4(6) identified best practices and targeted support strategies such as the use of supplemental
42.5instruction, that may be used on every system campus around developmental education
42.6offerings.
42.7(b) The plan must include deadlines for implementation of proposed changes and must
42.8be submitted to the chairs and ranking minority members of the legislative committees with
42.9jurisdiction over higher education finance and policy by February 15, 2018.
42.10(c) The plan, in its entirety, shall be implemented by the start of the 2020-2021 academic
42.11term, with individual provisions being implemented earlier as dictated by the plan.
42.12 Sec. 24. GREATER MINNESOTA OUTREACH AND RECRUITMENT.
42.13The Board of Regents of the University of Minnesota is requested to develop a plan to
42.14conduct outreach and recruitment of students from Minnesota, specifically identifying
42.15mechanisms to increase the number of students from greater Minnesota who are admitted
42.16to the university campus located in the metropolitan area. Greater Minnesota is defined as
42.17any area other than the area described in Minnesota Statutes, section 473.121, subdivision
42.184. The plan must be submitted to the chairs and ranking members of the senate and house
42.19of representatives legislative committees with jurisdiction over higher education finance
42.20and policy by February 15, 2018.
42.21 Sec. 25. UNIVERSITY OF MINNESOTA FETAL TISSUE RESEARCH;
42.22LEGISLATIVE AUDITOR REVIEW.
42.23(a) The legislative auditor is requested to complete a comprehensive review of the use
42.24of fetal tissue in research activities at the University of Minnesota. The review must include:
42.25(1) the total number of research activities in which fetal tissue is currently or has been
42.26previously used, including those that are in progress and those that have been completed;
42.27(2) the cost of acquiring fetal tissues for use in research activities, itemized by the source
42.28of funds used for procurement, including funds from federal, state, and other public sources,
42.29and funds derived from student tuition and fees;
42.30(3) the extent to which the conduct of the research activities complies with applicable
42.31federal and state laws related to acquisition, sale, handling, and disposition of human tissues,
42.32including fetal tissues;
43.1(4) the extent to which the conduct of the research activities complies with applicable
43.2Board of Regents policies and procedures related to acquisition, sale, handling, and
43.3disposition of human tissues, including fetal tissues; and
43.4(5) whether applicable Board of Regents policies include provisions to ensure fetal tissue
43.5is used in research activities only when necessary, and to ensure that the research activities
43.6are conducted in an ethical manner, including whether procedures and protocols for oversight
43.7have been implemented to verify compliance with these policies.
43.8(b) As used in this section, "research activities" include any academic fetal tissue research
43.9or fetal tissue transplantation research activity or program conducted in a University of
43.10Minnesota facility, or that is supported, directly or indirectly, by University of Minnesota
43.11funds.
43.12EFFECTIVE DATE.This section is effective the day following final enactment. The
43.13legislative auditor is requested to complete the review no later than one year following final
43.14enactment.
43.15 Sec. 26. STATE GRANT REPORT.
43.16(a) The commissioner of higher education must report to the legislature the estimated
43.17amount of funding necessary for the state grant program to fully meet the financial aid needs
43.18of lower- and middle-income Minnesota college students based on the program's shared
43.19responsibility design. The report must include an estimate of:
43.20(1) the amount a student should be expected to contribute toward the cost of education
43.21through borrowing and employment;
43.22(2) the amount a student's family should be expected to contribute toward the cost of
43.23education, based on the family's financial circumstances;
43.24(3) the actual living and miscellaneous expenses of a student, including room, board,
43.25transportation, and the cost of textbooks; and
43.26(4) equitable tuition maximums for public and nonprofit institutions that reflect both
43.27tuition charged and the subsidy provided to all students at public institutions received through
43.28direct appropriations.
43.29(b) The commissioner must submit the report to the higher education committees of the
43.30legislature by October 15, 2017.
44.1 Sec. 27. UNIVERSITY OF MINNESOTA TUITION.
44.2(a) For the 2018-2019 and 2019-2020 academic years, the Board of Regents of the
44.3University of Minnesota is encouraged to continue to adopt tuition schedules for the
44.4University of Minnesota Twin Cities campus that:
44.5(1) move the nonresident undergraduate tuition rate for a full-time student toward the
44.6median nonresident undergraduate tuition rate for public Big Ten universities;
44.7(2) move the resident undergraduate tuition rate for a full-time student toward the median
44.8of resident undergraduate tuition rates for public Big Ten universities;
44.9(3) move the nonresident graduate tuition rate in each graduate program for a full-time
44.10student toward the median of nonresident graduate tuition rates for public Big Ten universities
44.11with a similar program; and
44.12(4) move the resident graduate tuition rate in each graduate program for a full-time
44.13student toward the median of resident graduate tuition rates for public Big Ten universities
44.14with a similar program.
44.15(b) For purposes of this section, "public Big Ten university" means the flagship campus
44.16for public universities that are members of the Big Ten Conference.
44.17 Sec. 28. LIVING AND MISCELLANEOUS EXPENSE ALLOWANCE.
44.18The living and miscellaneous expense allowance for the state grant program under
44.19Minnesota Statutes, section 136A.121, for the biennium ending June 30, 2019, is set at
44.20$9,320 for each fiscal year of the biennium.
44.21 Sec. 29. ONGOING APPROPRIATION.
44.22The appropriation under Laws 2016, chapter 189, article 25, section 62, subdivision 11,
44.23may be used to provide grants for any purpose under Minnesota Statutes, section 136A.1275.
44.26 Section 1. Minnesota Statutes 2016, section 135A.15, subdivision 1a, is amended to read:
44.27 Subd. 1a. Sexual assault definition. For the purposes of this section, "sexual assault"
44.28means
44.29offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart
44.30D, appendix A, as amended.
45.1 Sec. 2. Minnesota Statutes 2016, section 136A.103, is amended to read:
45.2136A.103 INSTITUTION ELIGIBILITY REQUIREMENTS.
45.3 (a) A postsecondary institution is eligible for state student aid under chapter 136A and
45.4sections
45.5 (1) is operated by this state or the Board of Regents of the University of Minnesota; or
45.6 (2) is operated privately and, as determined by the office, meets the requirements of
45.7paragraph (b).
45.8 (b) A private institution must:
45.9 (1) maintain academic standards substantially equivalent to those of comparable
45.10institutions operated in this state;
45.11 (2) be licensed or registered as a postsecondary institution by the office; and
45.12 (3)(i) by July 1, 2010, participate in the federal Pell Grant program under Title IV of
45.13the Higher Education Act of 1965, Public Law 89-329, as amended; or
45.14 (ii) if an institution was participating in state student aid programs as of June 30, 2010,
45.15and the institution did not participate in the federal Pell Grant program by June 30, 2010,
45.16the institution must require every student who enrolls to sign a disclosure form, provided
45.17by the office, stating that the institution is not participating in the federal Pell Grant program.
45.18 (c) An institution that offers only graduate-level degrees or graduate-level nondegree
45.19programs
45.20
45.21the institution is licensed or registered as a postsecondary institution by the office.
45.22 (d) An eligible institution under paragraph (b), clause (3), item (ii), that changes
45.23ownership as defined in section
45.24Grant program within four calendar years of the first ownership change to continue eligibility.
45.25 (e) An institution that loses its eligibility for the federal Pell Grant program is not an
45.26eligible institution.
45.27(f) An institution must maintain adequate administrative and financial standards and
45.28compliance with all state statutes, rules, and administrative policies related to state financial
45.29aid programs.
46.1 Sec. 3. Minnesota Statutes 2016, section 136A.1795, subdivision 4, is amended to read:
46.2 Subd. 4. Loan forgiveness. (a) The commissioner may select a maximum of five
46.3applicants each year for participation in the loan forgiveness program, within the limits of
46.4available funding. Applicants are responsible for securing their own qualified educational
46.5loans.
46.6(b) The commissioner must select participants based on their suitability for practice
46.7serving the designated rural area, as indicated by experience or training. The commissioner
46.8must give preference to applicants closest to completing their training.
46.9(c) The commissioner must make annual disbursements directly to the participant of
46.10$15,000 or the balance of the participant's qualifying educational loans, whichever is less,
46.11for each year that a participant meets the service obligation required under subdivision 3,
46.12paragraph (b), up to a maximum of five years.
46.13(d) Before receiving loan repayment disbursements and as requested, the participant
46.14must complete and return to the commissioner
46.15provided by the commissioner verifying that the participant is practicing as required under
46.16subdivision 2, paragraph (a). The participant must provide the commissioner with verification
46.17that the full amount of loan repayment disbursement received by the participant has been
46.18applied toward the designated loans. After each disbursement, verification must be received
46.19by the commissioner and approved before the next loan repayment disbursement is made.
46.20(e) Participants who move their practice remain eligible for loan repayment as long as
46.21they practice as required under subdivision 2, paragraph (a).
46.22 Sec. 4. Minnesota Statutes 2016, section 136A.62, is amended by adding a subdivision to
46.23read:
46.24 Subd. 8. Entity. "Entity" means a specific school or campus location.
46.25 Sec. 5. Minnesota Statutes 2016, section 136A.646, is amended to read:
46.26136A.646 ADDITIONAL SECURITY.
46.27 (a)
46.28names to allow them the opportunity to apply for and receive accreditation under section
46.29136A.65, subdivision 7, or any registered institution that is notified by the United States
46.30Department of Education that it has fallen below minimum financial standards and that its
46.31continued participation in Title IV will be conditioned upon its satisfying either the Zone
46.32Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter
47.1of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c),
47.2
47.3
47.4the United States Department of Education in the Letter of Credit Alternative, but in no
47.5event shall such bond be less than $10,000 nor more than $250,000.
47.6 (b) In lieu of a bond, the applicant may deposit with the commissioner of management
47.7and budget:
47.8 (1) a sum equal to the amount of the required surety bond in cash;
47.9 (2) securities, as may be legally purchased by savings banks or for trust funds, in an
47.10aggregate market value equal to the amount of the required surety bond
47.11 (3) an irrevocable letter of credit issued by a financial institution to the amount of the
47.12required surety bond.
47.13 (c) The surety of any bond may cancel it upon giving 60 days' notice in writing to the
47.14office and shall be relieved of liability for any breach of condition occurring after the
47.15effective date of cancellation.
47.16(d) In the event of a school closure, the additional security must first be used to destroy
47.17any private educational data under section 13.32 left at a physical campus in Minnesota
47.18after all other governmental agencies have recovered or retrieved records under their record
47.19retention policies. Any remaining funds must then be used to reimburse tuition and fee costs
47.20to students that were enrolled at the time of the closure or had withdrawn in the previous
47.21120 calendar days but did not graduate. Priority for refunds will be given to students in the
47.22following order:
47.23(1) cash payments made by the student or on behalf of a student;
47.24(2) private student loans; and
47.25(3) Veteran Administration education benefits that are not restored by the Veteran
47.26Administration. If there are additional security funds remaining, the additional security
47.27funds may be used to cover any administrative costs incurred by the office related to the
47.28closure of the school.
47.29 Sec. 6. Minnesota Statutes 2016, section 136A.65, subdivision 1a, is amended to read:
47.30 Subd. 1a. Accreditation; requirement. (a) A school must not be registered
47.31
47.32by an agency recognized by the United States Department of Education for purposes of
48.1eligibility to participate in Title IV federal financial aid programs. Any registered school
48.2undergoing institutional accreditation shall inform the office of site visits by the accrediting
48.3agency and provide office staff the opportunity to attend the visits,
48.4exit interviews. The institution must provide the office with a copy of the final report upon
48.5
48.6 (b) A school must not be authorized to offer any degree unless the program has
48.7programmatic accreditation or the school has institutional accreditation by an agency
48.8recognized by the United States Department of Education for purposes of eligibility to
48.9participate in Title IV federal financial aid programs. Any program offered by a registered
48.10school that does not have institutional accreditation and is undergoing programmatic
48.11accreditation shall inform the office of site visits by the accrediting agency and provide
48.12office staff the opportunity to attend the visits, excluding any exit interviews. The school
48.13must provide the office with a copy of the final report by the accreditor upon request of the
48.14office.
48.15 Sec. 7. Minnesota Statutes 2016, section 136A.65, subdivision 4, is amended to read:
48.16 Subd. 4. Criteria for approval. (a) A school applying to be registered and to have its
48.17degree or degrees and name approved must substantially meet the following criteria:
48.18 (1) the school has an organizational framework with administrative and teaching personnel
48.19to provide the educational programs offered;
48.20 (2) the school has financial resources sufficient to meet the school's financial obligations,
48.21including refunding tuition and other charges consistent with its stated policy if the institution
48.22is dissolved, or if claims for refunds are made, to provide service to the students as promised,
48.23and to provide educational programs leading to degrees as offered;
48.24 (3) the school operates in conformity with generally accepted
48.25principles according to the type of school;
48.26 (4) the school provides an educational program leading to the degree it offers;
48.27 (5) the school provides appropriate and accessible library, laboratory, and other physical
48.28facilities to support the educational program offered;
48.29 (6) the school has a policy on freedom or limitation of expression and inquiry for faculty
48.30and students which is published or available on request;
48.31 (7) the school uses only publications and advertisements which are truthful and do not
48.32give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school,
49.1its personnel, programs, services, or occupational opportunities for its graduates for promotion
49.2and student recruitment;
49.3 (8) the school's compensated recruiting agents who are operating in Minnesota identify
49.4themselves as agents of the school when talking to or corresponding with students and
49.5prospective students;
49.6 (9) the school provides information to students and prospective students concerning:
49.7 (i) comprehensive and accurate policies relating to student admission, evaluation,
49.8suspension, and dismissal;
49.9 (ii) clear and accurate policies relating to granting credit for prior education, training,
49.10and experience and for courses offered by the school;
49.11 (iii) current schedules of fees, charges for tuition, required supplies, student activities,
49.12housing, and all other standard charges;
49.13 (iv) policies regarding refunds and adjustments for withdrawal or modification of
49.14enrollment status; and
49.15 (v) procedures and standards used for selection of recipients and the terms of payment
49.16and repayment for any financial aid program; and
49.17 (10) the school must not withhold a student's official transcript because the student is
49.18in arrears or in default on any loan issued by the school to the student if the loan qualifies
49.19as an institutional loan under United States Code, title 11, section 523(a)(8)(b).
49.20 (b) An application for degree approval must also include:
49.21 (i) title of degree and formal recognition awarded;
49.22 (ii) location where such degree will be offered;
49.23 (iii) proposed implementation date of the degree;
49.24 (iv) admissions requirements for the degree;
49.25 (v) length of the degree;
49.26 (vi) projected enrollment for a period of five years;
49.27 (vii) the curriculum required for the degree, including course syllabi or outlines;
49.28 (viii) statement of academic and administrative mechanisms planned for monitoring the
49.29quality of the proposed degree;
49.30 (ix) statement of satisfaction of professional licensure criteria, if applicable;
50.1 (x) documentation of the availability of clinical, internship, externship, or practicum
50.2sites, if applicable; and
50.3 (xi) statement of how the degree fulfills the institution's mission and goals, complements
50.4existing degrees, and contributes to the school's viability.
50.5 Sec. 8. Minnesota Statutes 2016, section 136A.65, subdivision 7, is amended to read:
50.6 Subd. 7. Conditional approval. (a) The office may grant a school a one-year conditional
50.7approval for a degree or use of a term in its name
50.8so would be in the best interests of currently enrolled students or prospective students.
50.9Conditional approval of a degree or use of a term under this paragraph must not exceed a
50.10period of three years.
50.11 (b) The office may grant new schools
50.12approval for degrees or
50.13in its name to allow
50.14as required in subdivision 1a. Conditional approval of a school or program under this
50.15paragraph must not exceed a period of five years. A new school or program granted
50.16conditional approval may be allowed to continue
50.17complete an accreditation process upon terms and conditions the office determines.
50.18 (c) The office may grant a registered school a one-year conditional approval for degrees
50.19or use of a term in its name to allow the school the opportunity to apply for and receive
50.20accreditation as required in subdivision 1a if the school's accrediting agency is no longer
50.21recognized by the United States Department of Education for purposes of eligibility to
50.22participate in Title IV federal financial aid programs. The office must not grant conditional
50.23approvals under this paragraph to a school for a period of more than five years.
50.24 (d) The office may grant a registered school a one-year conditional approval for degrees
50.25or use of a term in its name to allow the school to change to a different accrediting agency
50.26recognized by the United States Department of Education for purposes of eligibility to
50.27participate in Title IV federal financial aid programs. The office must not grant conditional
50.28approvals under this paragraph to a school for a period of more than five years.
50.29 Sec. 9. Minnesota Statutes 2016, section 136A.653, is amended to read:
50.30136A.653 EXEMPTIONS.
50.31 Subdivision 1. Application. A school that seeks an exemption under this section from
50.32the provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the
51.1school meets the requirements of an exemption. An exemption expires two years from the
51.2date of approval or until a school adds a new program or makes a modification equal to or
51.3greater than 25 percent to an existing educational program. If a school is reapplying for an
51.4exemption, the application must be submitted to the office 90 days before the current
51.5exemption expires.
51.6
51.7to licensing by the office under sections
51.8of sections
51.9school is subject to regulation under sections
51.10of this exemption.
51.11 Subd. 2. Educational program; nonprofit organizations. Educational programs which
51.12are sponsored by a bona fide and nonprofit trade, labor, business, professional or fraternal
51.13organization, which programs are conducted solely for that organization's membership or
51.14for the members of the particular industries or professions served by that organization, and
51.15which are not available to the public on a fee basis, are exempted from the provisions of
51.16sections
51.17 Subd. 3. Educational program; business firms. Educational programs which are
51.18sponsored by a business firm for the training of its employees or the employees of other
51.19business firms with which it has contracted to provide educational services at no cost to the
51.20employees are exempted from the provisions of sections
51.21 Subd. 3a. Tuition-free educational courses. A school, including a school using an
51.22online platform service, offering training, courses, or programs is exempt from sections
51.24
51.25
51.26charges for a student to participate do not exceed two percent of the most recent average
51.27undergraduate tuition and required fees as of January 1 of the current year charged for
51.28full-time students at all degree-granting institutions as published annually by the United
51.29States Department of Education as of January 1 of each year. To qualify for an exemption,
51.30a school or online platform service must prominently display a notice comparable to the
51.31following: "IMPORTANT: Each educational institution makes its own decision regarding
51.32whether to accept completed coursework for credit. Check with your university or college."
52.1 Subd. 4. Voluntary submission. Any school or program exempted from the provisions
52.2of sections
52.3the provisions of those sections.
52.4 Sec. 10. Minnesota Statutes 2016, section 136A.657, is amended by adding a subdivision
52.5to read:
52.6 Subd. 5. Application. A school that seeks an exemption under this section from the
52.7provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the
52.8school meets the requirements of an exemption. An exemption expires two years from the
52.9date of approval or when a school adds a new program or makes a modification equal to or
52.10greater than 25 percent to an existing educational program. If a school is reapplying for an
52.11exemption, the application must be submitted to the office 90 days before the current
52.12exemption expires.
52.13 Sec. 11. Minnesota Statutes 2016, section 136A.67, is amended to read:
52.14136A.67 REGISTRATION REPRESENTATIONS.
52.15 No school and none of its officials or employees shall advertise or represent in any
52.16manner that such school is approved or accredited by the office or the state of Minnesota,
52.17except a school which is duly registered with the office, or any of its officials or employees,
52.18may represent in advertising and shall disclose in catalogues, applications, and enrollment
52.19materials that the school is registered with the office by prominently displaying the following
52.20statement: "(Name of school) is registered with the
52.21Education pursuant to sections
52.22the institution. Credits earned at the institution may not transfer to all other institutions." In
52.23addition, all registered schools shall publish in the school catalog or student handbook the
52.24name, street address, telephone number, and Web site address of the office.
52.25 Sec. 12. [136A.672] STUDENT COMPLAINTS.
52.26 Subdivision 1. Authority. The office has the authority to review and take appropriate
52.27action on student complaints from schools covered under the provisions of sections 136A.61
52.28to 136A.71.
52.29 Subd. 2. Complaint. A complaint must be in writing, be signed by a student, and state
52.30how the school's policies and procedures or sections 136A.61 to 136A.71 were violated.
52.31Student complaints shall be limited to complaints that occurred within six years from the
52.32date the concern should have been discovered with reasonable effort and after the student
53.1has utilized the school's internal complaint process. Students do not have to utilize a school's
53.2internal complaint process before the office has authority when the student is alleging fraud
53.3or misrepresentation. The office shall not investigate grade disputes, student conduct
53.4proceedings, disability accommodation requests, and discrimination claims, including Title
53.5IX complaints.
53.6 Subd. 3. Investigation. The office shall initiate an investigation upon receipt of a
53.7complaint within the authority of subdivision 2. A school involved in an investigation shall
53.8be informed of the alleged violations and the processes of the investigation. A school
53.9involved in an investigation shall respond to the alleged violations and provide requested
53.10documentation to the office. Upon completing an investigation, the office shall inform the
53.11school and the student of the investigation outcome.
53.12 Subd. 4. Penalties. If violations are found, the office may require remedial action by
53.13the school or assign a penalty under section 136A.705. Remedial action may include student
53.14notification of violations, adjustments to the school's policies and procedures, and tuition
53.15or fee refunds to impacted students.
53.16 Subd. 5. Contested case hearing. The school or the office may initiate a contested case
53.17hearing under chapter 14 if attempts at a resolution are unsuccessful or within 30 days of
53.18the date the school is notified of the action of the office. The prevailing party may recover
53.19costs, disbursements, and reasonable attorney fees, as determined by the court or
53.20administrative law judge.
53.21 Sec. 13. Minnesota Statutes 2016, section 136A.68, is amended to read:
53.22136A.68 RECORDS.
53.23 A registered school shall maintain a permanent record for each student for 50 years from
53.24the last date of the student's attendance. A registered school offering distance instruction to
53.25a student located in Minnesota shall maintain a permanent record for each Minnesota student
53.26for 50 years from the last date of the student's attendance. Records include a student's
53.27academic transcript, documents, and files containing student data about academic credits
53.28earned, courses completed, grades awarded, degrees awarded, and periods of attendance.
53.29To preserve permanent records, a school shall submit a plan that meets the following
53.30requirements:
53.31 (1) at least one copy of the records must be held in a secure, fireproof depository or
53.32duplicate records must be maintained off site in a secure location and in a manner approved
53.33by the office;
54.1 (2) an appropriate official must be designated to provide a student with copies of records
54.2or a transcript upon request;
54.3 (3) an alternative method approved by the office of complying with clauses (1) and (2)
54.4must be established if the school ceases to exist; and
54.5 (4) if the school has no binding agreement approved by the office for preserving student
54.6records, a continuous surety bond or an irrevocable letter of credit issued by a financial
54.7institution must be filed with the office in an amount not to exceed $20,000. The bond or
54.8irrevocable letter of credit shall run to the state of Minnesota. In the event of a school closure,
54.9the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover,
54.10maintain, digitize, and destroy academic records.
54.11 Sec. 14. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.12to read:
54.13 Subd. 13. Compliance audit. "Compliance audit" means an audit of a school's compliance
54.14with federal requirements related to its participation in federal Title IV student aid programs
54.15or other federal grant programs performed under either Uniform Grant Guidance, including
54.16predecessor Federal Circular A-133, or the United States Department of Education's audit
54.17guide, Audits of Federal Student Financial Assistance Programs at Participating Institutions
54.18and Institution Servicers.
54.19 Sec. 15. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.20to read:
54.21 Subd. 14. Entity. "Entity" means a specific school or campus location.
54.22 Sec. 16. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.23to read:
54.24 Subd. 15. Higher-level entity. "Higher-level entity" means a corporate parent or ultimate
54.25parent company or, in the case of a public school, the larger public system of which an
54.26entity is a part.
54.27 Sec. 17. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.28to read:
54.29 Subd. 16. Audited financial statements. "Audited financial statements" means the
54.30financial statements of an entity or higher-level entity that have been examined by a certified
54.31public accountant or an equivalent government agency for public entities that include (1)
55.1an auditor's report, a statement of financial position, an income statement, a statement of
55.2cash flows, and notes to the financial statements or (2) the required equivalents for public
55.3entities as determined by the Financial Accounting Standards Board, the Governmental
55.4Accounting Standards Board, or the Securities and Exchange Commission.
55.5 Sec. 18. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
55.6to read:
55.7 Subd. 17. Review-level engagement. "Review-level engagement" means a service
55.8performed by a certified public accountant that provides limited assurance that there are no
55.9material modifications that need to be made to an entity's financial statements in order for
55.10them to conform to generally accepted accounting principles. Review-level engagement
55.11provides fewer assurances than those reported under audited financial statements.
55.12 Sec. 19. Minnesota Statutes 2016, section 136A.822, subdivision 4, is amended to read:
55.13 Subd. 4. Application. Application for a license shall be on forms prepared and furnished
55.14by the office, and shall include the following and other information as the office may require:
55.15(1) the title or name of the private career school, ownership and controlling officers,
55.16members, managing employees, and director;
55.17(2) the specific programs which will be offered and the specific purposes of the
55.18instruction;
55.19(3) the place or places where the instruction will be given;
55.20(4) a listing of the equipment available for instruction in each program;
55.21(5) the maximum enrollment to be accommodated with equipment available in each
55.22specified program;
55.23(6) the qualifications of instructors and supervisors in each specified program;
55.24(7) financial documents related to the entity's and higher-level entity's most recently
55.25completed fiscal year:
55.26(i) annual gross revenues from all sources;
55.27(ii) financial statements subjected to a review level engagement or, if requested by the
55.28office, audited financial statements;
55.29(iii) a school's most recent compliance audit, if applicable; and
56.1(iv) a current balance sheet, income statement, and adequate supporting documentation,
56.2prepared and certified by an independent public accountant or CPA;
56.3(8) copies of all media advertising and promotional literature and brochures or electronic
56.4display currently used or reasonably expected to be used by the private career school;
56.5(9) copies of all Minnesota enrollment agreement forms and contract forms and all
56.6enrollment agreement forms and contract forms used in Minnesota; and
56.7(10) gross income earned in the preceding year from student tuition, fees, and other
56.8required institutional charges
56.9
56.10 Sec. 20. Minnesota Statutes 2016, section 136A.822, subdivision 6, is amended to read:
56.11 Subd. 6. Bond. (a) No license shall be issued to any private career school which
56.12maintains, conducts, solicits for, or advertises within the state of Minnesota any program,
56.13unless the applicant files with the office a continuous corporate surety bond written by a
56.14company authorized to do business in Minnesota conditioned upon the faithful performance
56.15of all contracts and agreements with students made by the applicant.
56.16 (b)(1) The amount of the surety bond shall be ten percent of the preceding year's
56.17net income from student tuition, fees, and other required institutional charges collected, but
56.18in no event less than $10,000
56.19may deposit a greater amount at its own discretion. A private career school in each annual
56.20application for licensure must compute the amount of the surety bond and verify that the
56.21amount of the surety bond complies with this subdivision
56.22
56.23two or more locations may combine
56.24required institutional charges collected for all locations for the purpose of determining the
56.25annual surety bond requirement. The
56.26of the surety bond required for a private career school having a license for the sole purpose
56.27of recruiting students in Minnesota shall be only that paid to the private career school by
56.28the students recruited from Minnesota.
56.29 (2) A person required to obtain a private career school license due to the use of
56.30"academy," "institute," "college," or "university" in its name and which is also licensed by
56.31another state agency or board, except not including those schools licensed exclusively in
56.32order to participate in state grants or SELF loan financial aid programs, shall be required
56.33to provide a school bond of $10,000.
57.1 (c) The bond shall run to the state of Minnesota and to any person who may have a cause
57.2of action against the applicant arising at any time after the bond is filed and before it is
57.3canceled for breach of any contract or agreement made by the applicant with any student.
57.4The aggregate liability of the surety for all breaches of the conditions of the bond shall not
57.5exceed the principal sum deposited by the private career school under paragraph (b). The
57.6surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
57.7shall be relieved of liability for any breach of condition occurring after the effective date
57.8of cancellation.
57.9 (d) In lieu of bond, the applicant may deposit with the commissioner of management
57.10and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
57.11letter of credit issued by a financial institution equal to the amount of the required surety
57.12bond, or securities as may be legally purchased by savings banks or for trust funds in an
57.13aggregate market value equal to the amount of the required surety bond.
57.14 (e) Failure of a private career school to post and maintain the required surety bond or
57.15deposit under paragraph (d)
57.16school's license.
57.17 Sec. 21. Minnesota Statutes 2016, section 136A.822, subdivision 12, is amended to read:
57.18 Subd. 12. Permanent records. A private career school licensed under sections
57.20for 50 years from the last date of the student's attendance. A private career school licensed
57.21under this chapter and offering distance instruction to a student located in Minnesota shall
57.22maintain a permanent record for each Minnesota student for 50 years from the last date of
57.23the student's attendance. Records include school transcripts, documents, and files containing
57.24student data about academic credits earned, courses completed, grades awarded, degrees
57.25awarded, and periods of attendance. To preserve permanent records, a private career school
57.26shall submit a plan that meets the following requirements:
57.27 (1) at least one copy of the records must be held in a secure, fireproof depository;
57.28 (2) an appropriate official must be designated to provide a student with copies of records
57.29or a transcript upon request;
57.30 (3) an alternative method, approved by the office, of complying with clauses (1) and (2)
57.31must be established if the private career school ceases to exist; and
57.32 (4) a continuous surety bond or irrevocable letter of credit issued by a financial institution
57.33must be filed with the office in an amount not to exceed $20,000 if the private career school
58.1has no binding agreement approved by the office, for preserving student records. The bond
58.2or irrevocable letter of credit shall run to the state of Minnesota. In the event of a school
58.3closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve,
58.4recover, maintain, digitize, and destroy academic records.
58.5 Sec. 22. Minnesota Statutes 2016, section 136A.822, subdivision 13, is amended to read:
58.6 Subd. 13. Private career schools licensed by another state agency or board. A private
58.7career school required to obtain a private career school license due to the use of "academy,"
58.8"institute," "college," or "university" in its name or licensed for the purpose of participating
58.9in state financial aid under chapter 136A, and which is also licensed by another state agency
58.10or board shall be required to satisfy only the requirements of subdivisions 4, clauses (1),
58.11(2), (3), (5), (7), (8), and (10); 5; 6, paragraph (b), clause (2); 8, clauses (1), (4), (7), (8),
58.12and (9); 9; 10
58.13under this chapter, the school must follow the refund policy in section 136A.827, even if
58.14that section conflicts with the refund policy of the licensing agency or board. A distance
58.15education private career school located in another state, or a school licensed to recruit
58.16Minnesota residents for attendance at a school outside of this state, or a school licensed by
58.17another state agency as its primary licensing body, may continue to use the school's name
58.18as permitted by its home state or its primary licensing body.
58.19 Sec. 23. Minnesota Statutes 2016, section 136A.826, subdivision 2, is amended to read:
58.20 Subd. 2. Contract information. A contract or enrollment agreement used by a private
58.21career school must include at least the following:
58.22 (1) the name and address of the private career school, clearly stated;
58.23 (2) a clear and conspicuous disclosure that the agreement is a legally binding instrument
58.24upon written acceptance of the student by the private career school unless canceled under
58.25section
58.26 (3) the private career school's cancellation and refund policy that shall be clearly and
58.27conspicuously entitled "Buyer's Right to Cancel";
58.28 (4) a clear statement of total cost of the program including tuition and all other charges;
58.29 (5) the name and description of the program, including the number of hours or credits
58.30of classroom instruction, or distance instruction, that shall be included; and
58.31 (6) a clear and conspicuous explanation of the form and means of notice the student
58.32should use in the event the student elects to cancel the contract or sale, the effective date of
59.1cancellation, and the name and address, e-mail address, or phone number of the seller to
59.2which the notice should be sent or delivered.
59.3The contract or enrollment agreement must not include a wage assignment provision or a
59.4confession of judgment clause.
59.5 Sec. 24. Minnesota Statutes 2016, section 136A.827, subdivision 2, is amended to read:
59.6 Subd. 2. Private career schools using written contracts. (a) Notwithstanding anything
59.7to the contrary, a private career school that uses a written contract or enrollment agreement
59.8shall refund all tuition, fees and other charges paid by a student, if the student gives
59.9notice of cancellation within five business days after the day on which the contract was
59.10executed regardless of whether the program has started.
59.11(b) When a student has been accepted by the private career school and has entered into
59.12a contractual agreement with the private career school and gives
59.13following the fifth business day after the date of execution of contract, but before the start
59.14of the program in the case of resident private career schools, or before the first lesson has
59.15been serviced by the private career school in the case of distance education private career
59.16schools, all tuition, fees and other charges, except 15 percent of the total cost of the program
59.17but not to exceed $50, shall be refunded to the student.
59.18 Sec. 25. Minnesota Statutes 2016, section 136A.827, subdivision 3, is amended to read:
59.19 Subd. 3. Notice; amount. (a) A private career school shall refund all tuition, fees and
59.20other charges paid by a student if the student gives
59.21business days after the day on which the student is accepted by the private career school
59.22regardless of whether the program has started.
59.23(b) When a student has been accepted by the private career school and gives
59.24notice of cancellation following the fifth business day after the day of acceptance by the
59.25private career school, but before the start of the program, in the case of resident private
59.26career schools, or before the first lesson has been serviced by the private career school, in
59.27the case of distance education private career schools, all tuition, fees and other charges,
59.28except 15 percent of the total cost of the program but not to exceed $50, shall be refunded
59.29to the student.
59.30 Sec. 26. Minnesota Statutes 2016, section 136A.828, subdivision 3, is amended to read:
59.31 Subd. 3. False statements. (a) A private career school, agent, or solicitor shall not make,
59.32or cause to be made, any statement or representation, oral, written or visual, in connection
60.1with the offering or publicizing of a program, if the private career school, agent, or solicitor
60.2knows or reasonably should have known the statement or representation to be false,
60.3fraudulent, deceptive, substantially inaccurate, or misleading.
60.4(b) Other than opinion-based statements or puffery, a school shall only make claims that
60.5are evidence-based, can be validated, and are based on current conditions and not on
60.6conditions that are no longer relevant.
60.7(c) A school shall not guarantee or imply the guarantee of employment.
60.8(d) A school shall not guarantee or advertise any certain wage or imply earnings greater
60.9than the prevailing wage for entry-level wages in the field of study for the geographic area
60.10unless advertised wages are based on verifiable wage information from graduates.
60.11(e) If placement statistics are used in advertising or other promotional materials, the
60.12school must be able to substantiate the statistics with school records. These records must
60.13be made available to the office upon request. A school is prohibited from reporting the
60.14following in placement statistics:
60.15(1) a student required to receive a job offer or start a job to be classified as a graduate;
60.16(2) a graduate if the graduate held a position before enrolling in the program, unless
60.17graduating enabled the graduate to maintain the position or the graduate received a promotion
60.18or raise upon graduation;
60.19 (3) a graduate who works less than 20 hours per week; and
60.20 (4) a graduate who is not expected to maintain the position for at least 180 days.
60.21(f) A school shall not use endorsements, commendations, or recommendations by a
60.22student in favor of a school except with the consent of the student and without any offer of
60.23financial or other material compensation. Endorsements may be used only when they portray
60.24current conditions.
60.25(g) A school may advertise that the school or its programs have been accredited by an
60.26accrediting agency recognized by the United States Department of Education or the Council
60.27for Higher Education Accreditation, but shall not advertise any other accreditation unless
60.28approved by the office. The office may approve an institution's advertising of accreditation
60.29that is not recognized by the United States Department of Education or the Council for
60.30Higher Education if that accreditation is industry specific. Clear distinction must be made
60.31when the school is in candidacy or application status versus full accreditation.
61.1(h) A school may advertise that financial aid is available, including a listing of the
61.2financial aid programs in which the school participates, but federal or state financial aid
61.3shall not be used as a primary incentive in advertisement, promotion, or recruitment.
61.4(i) A school may advertise placement or career assistance, if offered, but shall not use
61.5the words "wanted," "help wanted," or "trainee," either in the headline or the body of the
61.6advertisement.
61.7(j) A school shall not be advertised under any "help wanted," "employment," or similar
61.8classification.
61.9(k) A school shall not falsely claim that it is conducting a talent hunt, contest, or similar
61.10test.
61.11(l) The commissioner, at any time, may require a retraction of a false, misleading, or
61.12deceptive claim. To the extent reasonable, the retraction must be published in the same
61.13manner as the original claim.
61.14 Sec. 27. [136A.8295] STUDENT COMPLAINTS.
61.15 Subdivision 1. Authority. The office has the authority to review and take appropriate
61.16action on student complaints from schools covered under the provisions of sections 136A.822
61.17to 136A.834.
61.18 Subd. 2. Complaint. A complaint must be in writing, be signed by a student, and state
61.19how the school's policies and procedures or sections 136A.822 to 136A.834 were violated.
61.20Student complaints shall be limited to complaints that occurred within six years from the
61.21date the concern should have been discovered with reasonable effort and after the student
61.22has utilized the school's internal complaint process. Students do not have to utilize a school's
61.23internal complaint process before the office has authority when the student is alleging fraud
61.24or misrepresentation. The office shall not investigate grade disputes, student conduct
61.25proceedings, disability accommodation requests, and discrimination claims, including Title
61.26IX complaints.
61.27 Subd. 3. Investigation. The office shall initiate an investigation upon receipt of a
61.28complaint within the authority of subdivision 2. A school involved in an investigation shall
61.29be informed of the alleged violations and the processes of the investigation. A school
61.30involved in an investigation shall respond to the alleged violations and provide requested
61.31documentation to the office. Upon completion of an investigation, the office shall inform
61.32the school and the student of the investigation outcome.
62.1 Subd. 4. Penalties. If violations are found, the office may require remedial action by
62.2the school or assign a penalty under section 136A.832. Remedial action may include student
62.3notification of violations, adjustments to the school's policies and procedures, and tuition
62.4or fee refunds to impacted students.
62.5 Sec. 28. Minnesota Statutes 2016, section 136A.83, is amended to read:
62.6136A.83 INSPECTION.
62.7(a) The office or a delegate may inspect the instructional books and records, classrooms,
62.8dormitories, tools, equipment and classes of any private career school or applicant for license
62.9at any reasonable time. The office may require the submission of
62.10
62.11may inspect the financial books and records of the private career school. In no event shall
62.12such financial information be used by the office to regulate or set the tuition or fees charged
62.13by the private career school.
62.14(b) Data obtained from an inspection of the financial records of a private career school
62.15or submitted to the office as part of a license application or renewal are nonpublic data as
62.16defined in section
62.17to other members of the office, to law enforcement officials, or in connection with a legal
62.18or administrative proceeding commenced to enforce a requirement of law.
62.19 Sec. 29. Minnesota Statutes 2016, section 136A.833, is amended to read:
62.20136A.833 EXEMPTIONS.
62.21 Subdivision 1. Application for exemptions. A school that seeks an exemption from the
62.22provisions of sections 136A.822 to 136A.834 must apply to the office to establish that the
62.23school meets the requirements of an exemption. An exemption expires two years from the
62.24date of approval or when a school adds a new program or makes a modification equal to or
62.25greater than 25 percent to an existing educational program. If a school is reapplying for an
62.26exemption, the application must be submitted to the office 90 days before the current
62.27exemption expires.
62.28 Subd. 2. Exemption reasons. Sections
62.29following:
62.30 (1) public postsecondary institutions;
62.31 (2) postsecondary institutions registered under sections
63.1 (3) private career schools of nursing accredited by the state Board of Nursing or an
63.2equivalent public board of another state or foreign country;
63.3 (4) private schools complying with the requirements of section
63.4 (5) courses taught to students in a valid apprenticeship program taught by or required
63.5by a trade union;
63.6 (6) private career schools exclusively engaged in training physically or mentally disabled
63.7persons for the state of Minnesota;
63.8 (7) private career schools licensed by boards authorized under Minnesota law to issue
63.9licenses except private career schools required to obtain a private career school license due
63.10to the use of "academy," "institute," "college," or "university" in their names;
63.11 (8) private career schools and educational programs, or training programs, contracted
63.12for by persons, firms, corporations, government agencies, or associations, for the training
63.13of their own employees, for which no fee is charged the employee;
63.14 (9) private career schools engaged exclusively in the teaching of purely avocational,
63.15recreational, or remedial subjects as determined by the office except private career schools
63.16required to obtain a private career school license due to the use of "academy," "institute,"
63.17"college," or "university" in their names unless the private career school used "academy"
63.18or "institute" in its name prior to August 1, 2008;
63.19 (10) classes, courses, or programs conducted by a bona fide trade, professional, or
63.20fraternal organization, solely for that organization's membership;
63.21 (11) programs in the fine arts provided by organizations exempt from taxation under
63.22section
63.23of this clause, "fine arts" means activities resulting in artistic creation or artistic performance
63.24of works of the imagination which are engaged in for the primary purpose of creative
63.25expression rather than commercial sale or employment. In making this determination the
63.26office may seek the advice and recommendation of the Minnesota Board of the Arts;
63.27 (12) classes, courses, or programs intended to fulfill the continuing education
63.28requirements for licensure or certification in a profession, that have been approved by a
63.29legislatively or judicially established board or agency responsible for regulating the practice
63.30of the profession, and that are offered exclusively to an individual practicing the profession;
63.31 (13) classes, courses, or programs intended to prepare students to sit for undergraduate,
63.32graduate, postgraduate, or occupational licensing and occupational entrance examinations;
64.1 (14) classes, courses, or programs providing 16 or fewer clock hours of instruction that
64.2are not part of the curriculum for an occupation or entry level employment except private
64.3career schools required to obtain a private career school license due to the use of "academy,"
64.4"institute," "college," or "university" in their names;
64.5 (15) classes, courses, or programs providing instruction in personal development,
64.6modeling, or acting;
64.7 (16) training or instructional programs, in which one instructor teaches an individual
64.8student, that are not part of the curriculum for an occupation or are not intended to prepare
64.9a person for entry level employment;
64.10 (17) private career schools with no physical presence in Minnesota, as determined by
64.11the office, engaged exclusively in offering distance instruction that are located in and
64.12regulated by other states or jurisdictions if the distance education instruction does not include
64.13internships, externships, field placements, or clinical placements for residents of Minnesota;
64.14and
64.15 (18) private career schools providing exclusively training, instructional programs, or
64.16courses where tuition, fees, and any other charges for a student to participate do not exceed
64.17$100.
64.18 Sec. 30. Minnesota Statutes 2016, section 136A.834, is amended by adding a subdivision
64.19to read:
64.20 Subd. 5. Application. A school that seeks an exemption from the provisions of sections
64.21136A.82 to 136A.834 must apply to the office to establish that the school meets the
64.22requirements of an exemption. An exemption expires two years from the date of approval
64.23or when a school adds a new program or makes a modification equal to or greater than 25
64.24percent to an existing educational program. If a school is reapplying for an exemption, the
64.25application must be submitted to the office 90 days before the current exemption expires.
64.26 Sec. 31. Laws 2015, chapter 69, article 3, section 20, subdivision 10, is amended to read:
64.27 Subd. 10. Credit load. By the end of the first academic year including summer term, a
64.28grantee must have accumulated
64.29
64.30is scheduled for during the first academic year. A college must certify that a grantee is
64.31carrying sufficient credits in the second grant year to complete the program at the end of
65.1the second year, including summer school. The commissioner shall set the terms and provide
65.2the form for certification.
65.3EFFECTIVE DATE.This section is effective the day following final enactment."
65.4Delete the title and insert:
65.6relating to higher education; providing funding and policy for the Office of Higher
65.7Education, the Minnesota State Colleges and Universities, the University of
65.8Minnesota, and other related programs; modifying state grant program calculation
65.9parameters; providing financial aid and student loan forgiveness programs; requiring
65.10reports; appropriating money;amending Minnesota Statutes 2016, sections 43A.06,
65.11subdivision 1; 135A.031, subdivision 7; 135A.15, subdivision 1a; 136A.101,
65.12subdivision 5a; 136A.103; 136A.125, subdivisions 2, 4; 136A.1275; 136A.1795,
65.13subdivision 4; 136A.62, by adding a subdivision; 136A.646; 136A.65, subdivisions
65.141a, 4, 7; 136A.653; 136A.657, by adding a subdivision; 136A.67; 136A.68;
65.15136A.685; 136A.821, by adding subdivisions; 136A.822, subdivisions 4, 6, 12,
65.1613; 136A.826, subdivision 2; 136A.827, subdivisions 2, 3; 136A.828, subdivision
65.173; 136A.83; 136A.833; 136A.834, by adding a subdivision; 136A.902, subdivision
65.181; 148.89, subdivision 5; Laws 2014, chapter 312, article 1, section 15; Laws 2015,
65.19chapter 69, article 3, section 20, subdivision 10; proposing coding for new law in
65.20Minnesota Statutes, chapters 135A; 136A; 136F; 137; 148; 298."