as introduced - 94th Legislature (2025 - 2026) Posted on 03/14/2025 09:57am
A bill for an act
relating to higher education; making policy and technical changes to certain higher
education provisions including sexual misconduct grievance procedures, student
aid, and institutional grants; requiring reports; amending Minnesota Statutes 2024,
sections 135A.15, subdivision 2a; 135A.1582; 136A.246, subdivisions 1a, 3;
136A.87; 136A.901, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 136A; repealing Minnesota Statutes 2024, sections 5.41,
subdivision 2; 136A.057; 136A.1251, subdivision 5; 136A.1788, subdivision 5;
136A.1791, subdivision 9; 136A.246, subdivision 9; 136A.861, subdivision 7;
136A.901, subdivision 2; 136A.91, subdivision 3; Minnesota Rules, part 4850.0014,
subparts 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 135A.15, subdivision 2a, is amended to read:
(a) A postsecondary institution must provide a reporting
party an opportunity for an impartial, timely, and thorough investigation of a report of sexual
misconduct against a student. If an investigation reveals that sexual misconduct has occurred,
the institution must take prompt and effective steps reasonably calculated to end the sexual
misconduct, prevent its recurrence, and, as appropriate, remedy its effects.
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(b) An institution must offer and coordinate academic and residential supportive measures
as needed and equitably to both the reporting and responding parties participating in a
campus sexual misconduct grievance process, including but not limited to exam or assignment
extensions, permitted class absence, a change in on-campus residence, and schedule changes.
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(c) An institution must allow the reporting and responding parties to present and review
relevant evidence. Testimony by the parties and witnesses must be compiled in an
investigative report.
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deleted text begin (b)deleted text end new text begin (d)new text end Throughout any investigation or disciplinary proceeding, deleted text begin a postsecondarydeleted text end new text begin annew text end
institution must treat the reporting parties, responding parties, witnesses, and other
participants in the proceeding with dignity and respect.
deleted text begin (c)deleted text end new text begin (e)new text end If deleted text begin a postsecondarydeleted text end new text begin annew text end institution conducts a hearing, deleted text begin an advisordeleted text end new text begin the reporting and
responding partynew text end may provide opening and closing remarksnew text begin , or the party's advisor may
provide opening or closing remarksnew text end on behalf of deleted text begin adeleted text end new text begin thenew text end party or assist with formulating
questions to the other party or witnesses about related evidence or credibility.
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(f) An institution must allow equal opportunity during the hearing for the reporting and
responding party to consult an additional support person other than the advisor, such as an
advocate, if requested and deemed appropriate by the Title IX coordinator.
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(g) The reporting and responding party must be given equal opportunity to question the
credibility of the other party and witnesses through a live hearing or questioning by a
decision-maker, pursuant to paragraph (i).
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(h) If an institution allows for cross-examination of witnesses and parties, the reporting
party and the responding party are not permitted to personally cross-examine each other or
any witnesses. Any cross-examination must be performed by the party's advisor or an
adjudicator of the campus disciplinary proceeding.
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(i) An institution must appoint a decision-maker or panel of decision-makers who are
not the investigator to assess the credibility of the reporting party, the responding party, and
any other witness through a live hearing or direct questioning.
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(j) If the facts and circumstances rise to a policy violation, an institution must proceed
with the campus sexual misconduct grievance process concurrently with a criminal
investigation if requested by the reporting party.
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(k) Personal information of the reporting party such as character witness or sexual
behavior of the reporting party is allowable if it is deemed relevant by the decision-maker
and if it substantiates that the misconduct may have occurred. Mental health and medical
information of the reporting party may be considered if: (1) a release is signed by the
reporting party; and (2) nonrelevant information is redacted. If a responding party is found
responsible, medical and mental health information of the reporting party may be considered
to determine sanctions.
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(l) Questions and evidence about the reporting party's sexual predisposition or prior
sexual behavior are not considered relevant, unless such questions and evidence: (1) are
offered to prove that someone other than the responding party committed the alleged conduct;
or (2) concern specific incidents of the reporting party's prior sexual behavior with respect
to the responding party and are offered to prove consent.
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(m) The responding and reporting parties may discuss the investigation and disciplinary
proceedings with their advisor of choice, parents, or an authorized legal guardian.
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(n) An institution must use the preponderance of the evidence standard of proof if an
allegation involves a student.
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(o) An institution must deliver the outcome of the grievance process simultaneously to
the reporting and responding parties.
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(p) An institution must inform the reporting and responding parties no later than 24
hours before a decision is rendered regarding the timeline of the outcome's release. Alongside
the notice of the outcome, an institution must offer community mental health and, if
applicable, on-campus resources equitably to a reporting and responding party. The outcome
must not be delivered to a reporting or responding party at the end of the day or on a weekend
or holiday to ensure that the reporting and responding parties may access supportive services.
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(q) Institutions must have a policy prohibiting retaliation that specifies what constitutes
retaliation and possible actions for students and employees if retaliation occurs. Retaliation
against the reporting party, responding party, or witness resulting from a person's participation
in a campus sexual misconduct investigation is prohibited.
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This section is effective January 1, 2026.
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Minnesota Statutes 2024, section 135A.1582, is amended to read:
(a) For the purpose of this section, the following
deleted text begin term hasdeleted text end new text begin terms havenew text end the deleted text begin meaningdeleted text end new text begin meaningsnew text end given.
(b) "Parenting student" means a student enrolled at a public college or university who
is the parent or legal guardian of or can claim as a dependent a child under the age of 18.
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(c) "Pregnancy or related conditions" means: (1) pregnancy, childbirth, termination of
pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination
of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of
pregnancy, lactation, or related medical conditions.
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(d) "Postsecondary institution" means an institution governed by the Board of Trustees
of the Minnesota State Colleges and Universities or a private postsecondary institution that
offers in-person courses on a campus located in Minnesota and that is an eligible institution
as defined in section 136A.103. Institutions governed by the Board of Regents of the
University of Minnesota are requested to comply with this section.
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(a) A deleted text begin Minnesota state college or universitydeleted text end new text begin
postsecondary institutionnew text end may not require and the University of Minnesota is requested not
to require a pregnant or parenting student, solely because of the student's status as a pregnant
or parenting student or due to issues related to the student's pregnancy or parenting, to:
(1) take a leave of absence or withdraw from the student's degree or certificate program;
(2) limit the student's studies;
(3) participate in an alternative program;
(4) change the student's major, degree, or certificate program; or
(5) refrain from joining or cease participating in any course, activity, or program at the
college or university.
(b) A deleted text begin Minnesota state college or universitydeleted text end new text begin postsecondary institutionnew text end shall provide and
the University of Minnesota is requested to provide reasonable modifications to a pregnant
student, including modifications that:
(1) would be provided to a student with a temporary medical condition; or
(2) are related to the health and safety of the student and the student's unborn child, such
as allowing the student to maintain a safe distance from substances, areas, and activities
known to be hazardous to pregnant women or unborn children.
(c) A deleted text begin Minnesota state college or universitydeleted text end new text begin postsecondary institutionnew text end must and the
University of Minnesota is requested to, for reasons related to a student's pregnancy,
childbirth, or any resulting medical status or condition:
(1) excuse the student's absence;
(2) allow the student to make up missed assignments or assessments;
(3) allow the student additional time to complete assignments in the same manner as the
institution allows for a student with a temporary medical condition; and
(4) provide the student with access to instructional materials and video recordings of
lectures for classes for which the student has an excused absence under this section to the
same extent that instructional materials and video recordings of lectures are made available
to any other student with an excused absence.
(d) A deleted text begin Minnesota state college or universitydeleted text end new text begin postsecondary institutionnew text end must and the
University of Minnesota is requested to allow a pregnant or parenting student to:
(1) take a leave of absence; and
(2) if in good academic standing at the time the student takes a leave of absence, return
to the student's degree or certificate program in good academic standing without being
required to reapply for admission.
(e) If a deleted text begin public college or universitydeleted text end new text begin postsecondary institutionnew text end provides early registration
for courses or programs at the institution for any group of students, the deleted text begin Minnesota state
college or universitydeleted text end new text begin institutionnew text end must provide and the University of Minnesota is requested
to provide early registration for those courses or programs for pregnant or parenting students
in the same manner.
Each deleted text begin Minnesota state college or universitydeleted text end new text begin
postsecondary institutionnew text end must adopt and the University of Minnesota is requested to adopt
a policy for students on pregnancy and parenting discrimination. The policy must:
(1) include the contact information of the Title IX coordinator who is the designated
point of contact for a student requesting each protection or modification under this section.
Contact information must include the Title IX coordinator's name, phone number, email,
and office;
(2) be posted in an easily accessible, straightforward format on the college or university's
website; and
(3) be made available annually to faculty, staff, and employees of the college or
university.
The commissioner of the Office of Higher Education must,
in consultation with the Board of Trustees of the Minnesota State Colleges and Universities
deleted text begin anddeleted text end new text begin ,new text end the Board of Regents of the University of Minnesota, new text begin and other relevant stakeholders,
new text end establish guidelines, as necessary, to administer this section. The guidelines must establish
minimum periods for which a pregnant or parenting student must be given a leave of absence
under subdivision 2, paragraph (d). In establishing the minimum periods, the Office of
Higher Education shall consider the maximum amount of time a student may be absent
without significantly interfering with the student's ability to complete the student's degree
or certificate program.
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(a) The commissioner of the Office of Higher Education shall report annually by February
15, to the chairs and ranking minority members of the legislative committees with jurisdiction
over higher education, on the details of programs administered under sections 135A.137,
136A.1251, 136A.1788, 136A.1789, 136A.1791, 136A.1794, 136A.1795, 136A.246,
136A.861, 136A.901, and 136A.91 including the following, where applicable:
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(1) organizations receiving grant awards;
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(2) grant award amounts and utilization rates;
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(3) grant program activities, goals, and outcomes;
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(4) grant matching sources and funding levels;
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(5) number and amount of loan repayment awards disbursed; and
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(6) demographic data of loan repayment program participants.
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(b) The commissioner must report any additional data and outcomes relevant to the
evaluation of programs administered under sections 135A.137, 136A.1251, 136A.1788,
136A.1789, 136A.1791, 136A.1794, 136A.1795, 136A.246, 136A.861, 136A.901, and
136A.91 as evidenced by activities funded under each program.
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Minnesota Statutes 2024, section 136A.246, subdivision 1a, is amended to read:
(a) The terms defined in this subdivision apply to this section.
(b) "Competency standard" has the meaning given in section 175.45, subdivision 2.
(c) "Eligible training" means training provided by an eligible training provider that:
(1) includes training to meet one or more identified competency standards;
(2) is instructor-led for a majority of the training; and
(3) results in the employee receiving an industry-recognized new text begin accredited new text end degree, certificate,
or credential.
(d) "Eligible training provider" means an institution:
(1) operated by the Board of Trustees of the Minnesota State Colleges and Universities
or the Board of Regents of the University of Minnesota;
(2) licensed or registered as a postsecondary institution by the office; or
(3) exempt from the provisions of section 136A.822 to 136A.834 or 136A.61 to 136A.71
as approved by the office.
(e) "Industry-recognized new text begin accredited new text end degrees, certificates, or credentials" means:
(1) certificates, diplomas, or degrees issued by a postsecondary institution;
(2) registered apprenticeship certifications or certificates;
(3) occupational licenses or registrations;
(4) certifications issued by, or recognized by, industry or professional associations; and
(5) other certifications as approved by the commissioner.
Minnesota Statutes 2024, section 136A.246, subdivision 3, is amended to read:
The Office of Higher Education and the Department
of Labor and Industry must cooperate in maintaining an inventory of new text begin accredited new text end degree,
certificate, and credential programs that provide training to meet competency standards.
The inventory must be posted on each agency's website with contact information for each
program. The postings must be updated periodically.
Minnesota Statutes 2024, section 136A.87, is amended to read:
(a) The office shall make available to all residents beginning in 7th grade through
adulthood information about planning and preparing for postsecondary opportunities.
Information must be provided to all 7th grade students and their parents annually by
September 30 about planning for their postsecondary education. The office may also provide
information to high school students and their parents, to adults, and to out-of-school youth.
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(b) The office shall gather and share information with students and parents about the
dual credit acceptance policies of each Minnesota public and private college and university.
The office shall gather and share information related to the acceptance policies for concurrent
enrollment courses, postsecondary enrollment options courses, advanced placement courses,
and international baccalaureate courses. This information must be shared on the office's
website and included in the information under paragraph (a).
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deleted text begin (c)deleted text end new text begin (b)new text end The information provided under paragraph (a) may include the following:
(1) the need to start planning early;
(2) the availability of assistance in educational planning from educational institutions
and other organizations;
(3) suggestions for studying effectively during high school;
(4) high school courses necessary to be adequately prepared for postsecondary education;
(5) encouragement to involve parents actively in planning for all phases of education;
(6) information about postsecondary education and training opportunities existing in the
state, their respective missions and expectations for students, their preparation requirements,
admission requirements, and student placement;
(7) ways to evaluate and select postsecondary institutions;
(8) the process of transferring credits among Minnesota postsecondary institutions and
systems;
(9) the costs of postsecondary education and the availability of financial assistance in
meeting these costs, including specific information about the Minnesota Promise;
(10) the interrelationship of assistance from student financial aid, public assistance, and
job training programs;
(11) financial planning for postsecondary education; and
(12) postsecondary education options for students with intellectual and developmental
disabilities.
Minnesota Statutes 2024, section 136A.901, subdivision 1, is amended to read:
(a) The commissioner shall establish a grant program
to award grants to institutions in Minnesota for research into spinal cord injuries and traumatic
brain injuries. Grants shall be awarded to conduct research into new and innovative treatments
and rehabilitative efforts for the functional improvement of people with spinal cord and
traumatic brain injuries. Research topics may include, but are not limited to, pharmaceutical,
medical device, brain stimulus, and rehabilitative approaches and techniques. The
commissioner, in consultation with the advisory council established under section 136A.902,
shall award 50 percent of the grant funds for research involving spinal cord injuries and 50
percent to research involving traumatic brain injuries. In addition to the amounts appropriated
by law, the commissioner may accept additional funds from private and public sources.
Amounts received from these sources are appropriated to the commissioner for the purposes
of issuing grants under this section.
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(b) Institutions that are eligible to apply for a grant under this section include
postsecondary institutions, nonprofit organizations, and for-profit organizations.
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deleted text begin (b)deleted text end new text begin (c)new text end A spinal cord and traumatic brain injury grant account is established in the special
revenue fund. Money in the account is appropriated to the commissioner to make grants
and to administer the grant program under this section. Appropriations to the commissioner
for the program are for transfer to the account. Appropriations from the account do not
cancel and are available until expended.
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The revisor of statutes must renumber Minnesota
Statutes, section 136A.1251, as Minnesota Statutes, section 136A.915. The revisor must
also make cross-reference changes consistent with the renumbering.
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The revisor of statutes must renumber Minnesota
Statutes, section 135A.161, as Minnesota Statutes, section 136A.921. The revisor of statutes
must renumber Minnesota Statutes, section 135A.162, as Minnesota Statutes, section
136A.922. The revisor must also make cross-reference changes consistent with the
renumbering.
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(a)
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Minnesota Statutes 2024, sections 5.41, subdivision 2; 136A.057; 136A.1251,
subdivision 5; 136A.1788, subdivision 5; 136A.1791, subdivision 9; 136A.246, subdivision
9; 136A.861, subdivision 7; 136A.901, subdivision 2; and 136A.91, subdivision 3,
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are
repealed.
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(b)
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Minnesota Rules, part 4850.0014, subparts 1 and 2,
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are repealed.
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Repealed Minnesota Statutes: 25-00542
(a) A postsecondary institution must file by November 1 of each year a report on its programs with the secretary of state. The report must contain the following information from the previous academic year, including summer terms:
(1) deaths of program participants that occurred during program participation as a result of program participation;
(2) accidents and illnesses that occurred during program participation as a result of program participation and that required hospitalization; and
(3) country, primary program host, and program type for all incidents reported in clauses (1) and (2).
(b) For purposes of paragraph (a), "primary program host" is the institution or organization responsible for or in control of the majority of decisions being made on the program including, but not limited to, student housing, local transportation, and emergency response and support.
(c) Information reported under paragraph (a), clause (1), may be supplemented by a brief explanatory statement.
(d) A postsecondary institution must request, but not mandate, hospitalization and incident disclosure from students upon completion of the program.
(e) A postsecondary institution must report to the secretary of state annually by November 1 whether its program complies with health and safety standards set by the Forum on Education Abroad or a similar study abroad program standard setting agency.
(a) The commissioner must report on the office's website summary data on students who, within the most recent academic year, withdrew from enrollment without completing a degree or credential program at a public postsecondary institution in Minnesota. The summary data must include whether the students who withdrew transferred to another institution and the institutions transferred to and from.
(b) Summary data must be aggregated by postsecondary institution and degree or credential program. Summary data must be disaggregated by race, ethnicity, Pell eligibility, and age.
(c) The commissioner must post the initial data on the office's website on or before February 15, 2022, and must update the data at least annually thereafter.
By August 1 of each odd-numbered year, the commissioner shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance regarding the grant recipients and their activities. The report shall include information about the students served, the organizations providing services, program activities, program goals, and outcomes.
By February 1 of the second year of each grant award, the commissioner must submit a report to the committees in the legislature with jurisdiction over higher education finance regarding grant program outcomes.
By February 1 of each year, the commissioner must report to the chairs of the kindergarten through grade 12 and higher education committees of the legislature on the number of individuals who received loan repayment under this section, the race or ethnicity of the teachers participating in the program, the licensure areas and school districts in which the teachers taught, the average amount paid to a teacher participating in the program, and other summary data identified by the commissioner as outcome indicators.
Commencing in 2017, the commissioner shall annually by February 1 report on the activity of the grant program for the preceding fiscal year to the chairs of the legislative committees with jurisdiction over workforce policy and finance. At a minimum, the report must include:
(1) research and analysis on the costs and benefits of the grants for employees and employers;
(2) the number of employees who commenced training and the number who completed training; and
(3) recommendations, if any, for changes to the program.
By January 15 of each odd-numbered year, the office shall submit a report to the committees in the legislature with jurisdiction over higher education finance regarding the grant recipients and their activities. The report shall include information about the students served, the organizations providing services, program activities, program goals and outcomes, and program revenue sources and funding levels.
By January 15, 2016, and each January 15 thereafter, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over the Office of Higher Education, specifying the institutions receiving grants under this section and the purposes for which the grant funds were used.
By December 1 of each year, the office shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education regarding:
(1) the amount of funds granted under each clause of subdivision 1, paragraph (b);
(2) the courses developed by grant recipients and the number of students who enrolled in the courses under subdivision 1, paragraph (b), clause (1); and
(3) the programs expanded and the number of students who enrolled in programs under subdivision 1, paragraph (b), clause (2).
Repealed Minnesota Rule: 25-00542