CONFERENCE COMMITTEE REPORT ON S.F. No. 5
relating to higher education; establishing a budget for higher education;
appropriating money to the Office of Higher Education, the Board of Trustees
of the Minnesota State Colleges and Universities, and the Board of Regents of
the University of Minnesota; appropriating money for tuition relief; making
various policy and technical changes to higher-education-related provisions;
regulating the policies of postsecondary institutions relating to sexual harassment
and sexual violence; providing goals, standards, programs, and grants; requiring
reports;amending Minnesota Statutes 2014, sections 5.41, subdivisions 2, 3;
13.32, subdivision 6; 13.322, by adding a subdivision; 16C.075; 124D.09, by
adding subdivisions; 124D.091, subdivision 1; 135A.15, subdivisions 1, 2, by
adding subdivisions; 136A.01, by adding a subdivision; 136A.101, subdivisions
5a, 8; 136A.121, subdivision 20; 136A.125, subdivisions 2, 4, 4b; 136A.1701,
subdivision 4; 136A.861, subdivision 1; 137.54; 177.23, subdivision 7; Laws
2014, chapter 312, article 13, section 47; proposing coding for new law in
Minnesota Statutes, chapters 135A; 136A; 136F; 175; 626; repealing Minnesota
Rules, part 4830.7500, subparts 2a, 2b.
May 17, 2015
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S.F. No. 5 report that we have agreed upon the
items in dispute and recommend as follows:
That the House recede from its amendments and that S.F. No. 5 be further amended
Delete everything after the enacting clause and insert:
1.30HIGHER EDUCATION APPROPRIATIONS
1.32 Subdivision 1. Summary By Fund. The amounts shown in this subdivision
1.33summarize direct appropriations, by fund, made in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
2.6 Subd. 2. Summary By Agency - All Funds. The amounts shown in this subdivision
2.7summarize direct appropriations, by agency, made in this article.
|SUMMARY BY FUND
|Health Care Access
|SUMMARY BY AGENCY - ALL FUNDS
|Minnesota Office of Higher
|Board of Trustees of the
Minnesota State Colleges and
|Board of Regents of the
University of Minnesota
2.20 The sums shown in the columns marked "Appropriations" are appropriated to the
2.21agencies and for the purposes specified in this article. The appropriations are from
2.22general fund, or another named fund, and are available for the fiscal years indicated
2.23for each purpose. The figures "2016" and "2017" used in this article mean that the
2.24appropriations listed under them are available for the fiscal year ending June 30,
2.25June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year"
2.26year 2017. "The biennium" is fiscal years 2016 and 2017.
|Sec. 2. HIGHER EDUCATION APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 3. MINNESOTA OFFICE OF HIGHER
2.34The amounts that may be spent for each
2.35purpose are specified in the following
|Subdivision 1.Total Appropriation
3.1If the appropriation in this subdivision for
3.2either year is insufficient, the appropriation
3.3for the other year is available for it.
|Subd. 2.State Grants
|Subd. 3.Child Care Grants
|Subd. 4.State Work-Study
3.7If the appropriation in this subdivision for
3.8either year is insufficient, the appropriation
3.9for the other year is available to meet
3.10reciprocity contract obligations.
|Subd. 5.Interstate Tuition Reciprocity
3.12This appropriation is to provide educational
3.13benefits under Minnesota Statutes, section
3.14299A.45, to eligible dependent children and
3.15to the spouses of public safety officers killed
3.16in the line of duty.
3.17If the appropriation in this subdivision for
3.18either year is insufficient, the appropriation
3.19for the other year is available for it.
|Subd. 6.Safety Officer's Survivors
3.21The commissioner must contract with or
3.22employ at least one person with demonstrated
3.23competence in American Indian culture and
3.24residing in or near the city of Bemidji to
3.25assist students with the scholarships under
3.26Minnesota Statutes, section 136A.126, and
3.27with other information about financial aid for
3.28which the students may be eligible. Bemidji
3.29State University must provide office space
3.30at no cost to the Minnesota Office of Higher
3.31Education for purposes of administering the
3.32American Indian scholarship program under
3.33Minnesota Statutes, section 136A.126. This
4.1appropriation includes funding to administer
4.2the American Indian scholarship program.
|Subd. 7.Indian Scholarships
4.4For tribal college assistance grants under
4.5Minnesota Statutes, section 136A.1796.
|Subd. 8.Tribal College Grants
4.8For the intervention for college attendance
4.9program under Minnesota Statutes, section
4.11This appropriation includes funding to
4.12administer the intervention for college
4.13attendance program grants.
|Subd. 9.Intervention for College Attendance
|Subd. 10.Student-Parent Information
|Subd. 11.Get Ready!
|Subd. 12.Minnesota Education Equity
|Subd. 13.Midwest Higher Education Compact
4.21For a grant to United Family Medicine
4.22residency program. This appropriation
4.23shall be used to support up to 21 resident
4.24physicians each year in family practice at
4.25United Family Medicine residency programs
4.26and shall prepare doctors to practice family
4.27care medicine in underserved rural and
4.28urban areas of the state. It is intended
4.29that this program will improve health
4.30care in underserved communities, provide
4.31affordable access to appropriate medical
4.32care, and manage the treatment of patients in
4.33a cost-effective manner.
|Subd. 14.United Family Medicine Residency
|Subd. 15.MnLINK Gateway and Minitex
|Subd. 16.Statewide Longitudinal Education
5.5For transfer to Hennepin County Medical
5.6Center for graduate family medical education
5.7programs at Hennepin County Medical
|Subd. 17.Hennepin County Medical Center
5.11(a) $3,993,000 in fiscal year 2017 is for
5.12two-year public college program grants
5.13under article 3, section 20.
5.14(b) $782,000 in fiscal year 2017 is to provide
5.15mentoring and outreach as specified under
5.16article 3, section 20.
5.17(c) $225,000 in fiscal year 2017 is for
5.18information technology and administrative
5.19costs associated with implementation of the
5.21(d) The base for fiscal year 2018 is $3,481,000
5.22and the base for fiscal year 2019 is $0.
|Subd. 18.MNSCU Two-Year Public College
5.24(a) This appropriation is for immediate
5.25transfer to College Possible to support
5.26programs of college admission and college
5.27graduation for low-income students through
5.28an intensive curriculum of coaching
5.29and support at both the high school and
5.31(b) This appropriation must, to the extent
5.32possible, be proportionately allocated
5.33between students from greater Minnesota and
6.1students in the seven-county metropolitan
6.3(c) This appropriation must be used
6.4by College Possible only for programs
6.5supporting students who are residents
6.6of Minnesota and attending colleges or
6.7universities within Minnesota.
6.8(d) By February 1 of each year, College
6.9Possible must report to the chairs and
6.10ranking minority members of the legislative
6.11committees and divisions with jurisdiction
6.12over higher education and E-12 education on
6.13activities funded by this appropriation. The
6.14report must include, but is not limited to,
6.15information about the expansion of College
6.16Possible in Minnesota, the number of College
6.17Possible coaches hired, the expansion within
6.18existing partner high schools, the expansion
6.19of high school partnerships, the number of
6.20high school and college students served, the
6.21total hours of community service by high
6.22school and college students, and a list of
6.23communities and organizations benefitting
6.24from student service hours.
|Subd. 19.College Possible
6.27For the large animal veterinarian loan
6.28forgiveness program under Minnesota
6.29Statutes, section 136A.1795. This is a
6.30onetime appropriation and is available until
6.31June 30, 2022.
|Subd. 20.Large Animal Veterinarian Loan
7.1For spinal cord injury and traumatic brain
7.2injury research grants authorized under
7.3Minnesota Statutes, section 136A.901.
7.4The commissioner may use no more than
7.5three percent of this appropriation to
7.6administer the grant program under this
|Subd. 21.Spinal Cord Injury and Traumatic
Brain Injury Research Grant Program
7.10For summer academic enrichment grants
7.11under Minnesota Statutes, section 136A.091.
7.12The commissioner may use no more than
7.13three percent of this appropriation to
7.14administer the grant program under this
|Subd. 22.Summer Academic Enrichment
7.18For training grants under Minnesota Statutes,
7.20The commissioner may use no more than
7.21three percent of this appropriation to
7.22administer the grant program under this
|Subd. 23.Dual Training Competency Grants;
7.26For transfer to the commissioner of labor
7.27and industry for identification of competency
7.28standards for dual training under Minnesota
7.29Statutes, section 175.45.
|Subd. 24.Dual Training Competency Grants;
7.31(a) $225,000 in fiscal year 2016 and
7.32$225,000 in fiscal year 2017 are for grants to
7.33develop new concurrent enrollment courses
7.34under Minnesota Statutes, section 124D.09,
8.1subdivision 10, that satisfy the elective
8.2standard for career and technical education.
8.3Any balance in the first year does not cancel
8.4but is available in the second year.
8.5(b) $115,000 in fiscal year 2016 and
8.6$115,000 in fiscal year 2017 are for grants
8.7to postsecondary institutions currently
8.8sponsoring a concurrent enrollment course to
8.9expand existing programs. The commissioner
8.10shall determine the application process and
8.11the grant amounts. The commissioner must
8.12give preference to expanding programs that
8.13are at capacity. Any balance in the first year
8.14does not cancel but is available in the second
8.16(c) By December 1 of each year, the office
8.17shall submit a brief report to the chairs and
8.18ranking minority members of the legislative
8.19committees with jurisdiction over higher
8.21(1) the courses developed by grant recipients
8.22and the number of students who enrolled in
8.23the courses under paragraph (a); and
8.24(2) the programs expanded and the number
8.25of students who enrolled in programs under
|Subd. 25.Concurrent Enrollment Courses
8.28For student loan debt counseling under article
8.293, section 24. This is a onetime appropriation.
|Subd. 26.Student Loan Debt Counseling
8.31For the sexual assault reporting required
8.32under Minnesota Statutes, section 135A.15.
|Subd. 27.Campus Sexual Assault Reporting
9.1For the loan forgiveness program under
9.2Minnesota Statutes, section 136A.1791.
9.3The commissioner may use no more
9.4than three percent of this appropriation
9.5to administer the program under this
|Subd. 28.Teacher Shortage Loan Forgiveness
|Subd. 29.Agency Administration
9.9A balance in the first year under this section
9.10does not cancel, but is available for the
9.13The Minnesota Office of Higher Education
9.14may transfer unencumbered balances from
9.15the appropriations in this section to the state
9.16grant appropriation, the interstate tuition
9.17reciprocity appropriation, the child care
9.18grant appropriation, the Indian scholarship
9.19appropriation, the state work-study
9.20appropriation, the get ready appropriation,
9.21and the public safety officers' survivors
9.22appropriation. Transfers from the child care
9.23or state work-study appropriations may only
9.24be made to the extent there is a projected
9.25surplus in the appropriation. A transfer may
9.26be made only with prior written notice to
9.27the chairs and ranking minority members
9.28of the senate and house of representatives
9.29committees and divisions with jurisdiction
9.30over higher education finance.
|Subd. 30.Balances Forward
|Sec. 4. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND
10.1The amounts that may be spent for each
10.2purpose are specified in the following
|Subdivision 1.Total Appropriation
10.6For the Office of the Chancellor and the
10.7Shared Services Division.
|Subd. 2.Central Office and Shared Services
10.9This appropriation includes $50,000,000 in
10.10fiscal year 2016 and $50,000,000 in fiscal
10.11year 2017 for student tuition relief. The
10.12Board of Trustees must establish tuition rates
10.14(1) for the 2015-2016 academic year, the
10.15tuition rate at colleges must not exceed the
10.162014-2015 academic year rate; and
10.17(2) for the 2016-2017 academic year, the
10.18tuition rate at universities must not exceed
10.19the 2015-2016 academic year rate, and the
10.20tuition rate at colleges must be reduced by at
10.21least one percent compared to the 2015-2016
10.22academic year rate.
10.23The student tuition relief may not be offset
10.24by increases in mandatory fees, charges, or
10.25other assessments to the student.
10.26$57,000 in fiscal year 2016 and $58,000 in
10.27fiscal year 2017 are for activities related to
10.28the implementation of new transfer pathways
10.29required by article 3, section 21.
10.30This appropriation includes $200,000 in
10.31fiscal year 2016 to award up to two grants to
10.32system institutions with a teacher preparation
10.33program approved by the Board of Teaching
11.1to provide a school year-long student
11.2teaching pilot program, consistent with
11.3the student teaching program requirements
11.4under Minnesota Statutes, section 122A.09,
11.5subdivision 4, paragraph (d). This is a
11.6onetime appropriation. The Board of
11.7Trustees must report to the K-12 and higher
11.8education committees of the legislature by
11.9March 1, 2017, on the experiences of the
11.10grant recipients and the student teachers
11.11with the school year-long student teaching
11.12program, and include any recommendations
11.13for amending Minnesota Statutes, section
11.14122A.09, subdivision 4, paragraph (d), based
11.15on the experiences of the grant recipients.
11.16$18,000 each year is for transfer to the Cook
11.17County Higher Education Board to provide
11.18educational programming and academic
11.19support services to remote regions in
11.20northeastern Minnesota. This appropriation
11.21is in addition to the $102,000 per fiscal year
11.22this project currently receives. The project
11.23shall continue to provide information to the
11.24Board of Trustees on the number of students
11.25served, credit hours delivered, and services
11.26provided to students. The base appropriation
11.27under this paragraph is $120,000 each year.
11.28$50,000 in fiscal year 2016 and $50,000
11.29in fiscal year 2017 are for developing and
11.30teaching online agriculture courses by farm
11.31business management faculty at colleges that
11.32offer farm business management.
11.33Institutions developing courses under this
11.34appropriation shall focus on introductory
11.35coursework, and must coordinate with one
12.1another to offer complimentary courses
12.2and avoid duplication. The appropriation
12.3may not be used to develop courses already
12.4available through another state college or
12.5university. Institutions receiving funds from
12.6this appropriation must have one course
12.7developed and ready for student enrollment
12.8within one year of receiving funds.
12.9$225,000 in fiscal year 2016 and $225,000
12.10in fiscal year 2017 are to create and develop
12.11a teacher preparation program leading
12.12to licensure in agricultural education at
12.13Southwest Minnesota State University. This
12.14is a onetime appropriation.
12.15Southwest Minnesota State University shall
12.16provide the committees of the legislature
12.17with primary jurisdiction over agriculture
12.18policy, K-12 education policy, and higher
12.19education policy and finance with a report
12.20on the institution's progress in creating an
12.21agricultural education licensure program and
12.22increasing the number of students receiving
12.23a teaching license in agricultural education.
12.24The report must be submitted by February
12.2515, 2016, and by February 15, 2017.
12.26$35,000 in fiscal year 2016 and $35,000 in
12.27fiscal year 2017 are to implement a program
12.28to assist foreign-born students and groups
12.29underrepresented in nursing to succeed
12.30in postsecondary nursing programs. This
12.31program shall include but not be limited to
12.32mentoring programs and seminars.
12.33One-quarter of this appropriation must be
12.34distributed to Minneapolis Community and
12.35Technical College. One-quarter of this
13.1appropriation must be distributed to Century
13.2College. One-half of this appropriation
13.3must be distributed in equal amounts to
13.4two state colleges or universities that
13.5are located outside of the seven-county
13.6metropolitan area. The board must select
13.7the state colleges or universities outside
13.8of the seven-county metropolitan area
13.9based on the proportion of enrolled nursing
13.10students that are foreign-born or from groups
13.11underrepresented in nursing.
13.12The program established under this
13.13appropriation shall be called the "Kathleen
13.14McCullough-Zander Success in Nursing
13.16$175,000 in fiscal year 2016 and $175,000
13.17in fiscal year 2017 are to establish a
13.18veterans-to-agriculture pilot program. The
13.19appropriation for fiscal year 2016 shall be
13.20used to establish the pilot program at South
13.21Central College, North Mankato campus, and
13.22the appropriation for fiscal year 2017 shall be
13.23used to support, in equal amounts, up to six
13.24program sites statewide. No more than two
13.25percent of the total appropriation provided by
13.26this section may be used for administrative
13.27purposes at the system level.
13.28The veterans-to-agriculture pilot program
13.29shall be designed to facilitate the entrance
13.30of military veterans into careers related to
13.31agriculture and food production, processing,
13.32and distribution through intensive, four- to
13.33eight-week academic training in relevant
13.34fields of study, job development programs
13.35and outreach to potential employers, and
14.1appropriate career-building skills designed
14.2to assist returning veterans in entering
14.3the civilian workforce. Upon successful
14.4completion, a student shall be awarded
14.5a certificate of completion or another
14.6appropriate academic credit.
14.7The pilot program shall be coordinated
14.8by South Central College, North Mankato
14.9campus' farm business management program
14.10and developed in collaboration with the
14.11University of Minnesota Extension, the
14.12Department of Agriculture, the Department
14.13of Veterans Affairs, and the Department of
14.14Employment and Economic Development.
14.15The program coordinators are encouraged to
14.16involve other interested stakeholders in the
14.17development and operation of the program,
14.18and may request assistance with applications
14.19for grants or other funding from available
14.20federal, state, local, and private sources. As
14.21necessary, they may also work with other
14.22public or private entities to secure temporary
14.23housing for enrolled students.
14.24In addition to South Central College, North
14.25Mankato campus, the pilot program shall
14.26be delivered by up to five additional state
14.27colleges. One of the additional colleges must
14.28be located in the seven-county metropolitan
14.29area, at a campus that has agreed to
14.30incorporate the pilot program as part of an
14.31urban agriculture program, and the remaining
14.32additional colleges must be located outside
14.33of the seven-county metropolitan area,
14.34at campuses with existing farm business
15.1No later than December 15, 2016, the
15.2program shall report to the committees of the
15.3house of representatives and the senate with
15.4jurisdiction over issues related to agriculture,
15.5veterans affairs, and higher education on
15.6program operations, including information
15.7on participation rates, new job placements,
15.8and any unmet needs.
15.9This appropriation includes $40,000 in fiscal
15.10year 2016 and $40,000 in fiscal year 2017
15.11to implement the sexual assault policies
15.12required under Minnesota Statutes, section
15.14Five percent of the fiscal year 2017
15.15appropriation specified in this subdivision
15.16is available according to the schedule in
15.17clauses (1) to (5) in fiscal year 2017 when
15.18the Board of Trustees of the Minnesota State
15.19Colleges and Universities demonstrates to
15.20the commissioner of management and budget
15.21that the board has met the following specified
15.22number of performance goals:
15.23(1) 100 percent if the board meets three, four,
15.24or five goals;
15.25(2) 67 percent if two of the goals are met;
15.26(3) 33 percent if one of the goals are met; and
15.27(4) zero percent if none of the goals are met.
15.28The performance goals are:
15.29(1) increase by at least four percent in fiscal
15.30year 2015, compared to fiscal year 2008,
15.31degrees, diplomas, and certificates conferred
15.32and provide a report to the chairs and
15.33ranking minority members of the legislative
15.34committees with jurisdiction over higher
16.1education on the separate changes in the
16.2number of degrees, diplomas, and certificates
16.4(2) increase by at least five percent the fiscal
16.5year 2015-related employment rate for 2014
16.6graduates, compared to the 2011 rate for
16.8(3) for fiscal year 2016, reallocate
16.9$22,000,000 of costs. The Board of Trustees
16.10is requested to redirect those funds to invest
16.11in direct mission activities, stem growth in
16.12tuition and student fees, and to programs that
16.14(4) decrease by at least ten percent the fiscal
16.15year 2015 headcount of students enrolled in
16.16developmental courses compared to fiscal
16.17year 2013 headcount of students enrolled in
16.18developmental courses; and
16.19(5) increase by at least five percent the
16.20fiscal year 2015 degrees awarded to students
16.21who took no more than 128 credits for a
16.22baccalaureate degree and 68 credits for
16.23associate in arts, associate of science, or
16.24associate in fine arts degrees, as compared to
16.25the rate for 2011 graduates.
16.26By August 1, 2015, the Board of Trustees
16.27and the Minnesota Office of Higher
16.28Education must agree on specific numerical
16.29indicators and definitions for each of the five
16.30goals that will be used to demonstrate the
16.31Minnesota State Colleges and Universities'
16.32attainment of each goal. On or before April
16.331, 2016, the Board of Trustees must report
16.34to the legislative committees with primary
16.35jurisdiction over higher education finance
17.1and policy the progress of the Minnesota
17.2State Colleges and Universities toward
17.3attaining the goals. The appropriation
17.4base for the next biennium shall include
17.5appropriations not made available under this
17.6subdivision for failure to meet performance
17.7goals. All of the appropriation that is not
17.8available due to failure to meet performance
17.9goals is appropriated to the commissioner
17.10of the Office of Higher Education for fiscal
17.11year 2017 for the purpose of the state grant
17.12program under Minnesota Statutes, section
17.14Performance metrics are intended to facilitate
17.15progress towards the attainment goal under
17.16Minnesota Statutes, section 135A.012.
|Subd. 3.Operations and Maintenance
|Subd. 4.Learning Network of Minnesota
|Sec. 5. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
|Subdivision 1.Total Appropriation
17.25The amounts that may be spent for each
17.26purpose are specified in the following
|Appropriations by Fund
|Health Care Access
17.29This appropriation includes funding for
17.30operation and maintenance of the system. Of
17.31the amount appropriated in this subdivision:
17.32$11,100,000 in fiscal year 2016 and
17.33$11,100,000 in fiscal year 2017 are to
17.34minimize any increase in a student's cost
18.1of attendance; for research to solve the
18.2challenges facing our state, nation, and
18.3world; to educate a diverse population of
18.4Minnesotans from every community who
18.5show the greatest promise; and for public
18.6service that builds lasting partnerships with
18.7communities across the state to address our
18.8most complex and pressing issues. The
18.9Board of Regents is requested to:
18.10(1) maintain a low cost of mission and
18.11advance operational excellence;
18.12(2) increase the diversity of the university's
18.13students, faculty, and staff; and
18.14(3) strengthen the university's relationships
18.15with the agriculture industry and the
18.16communities of greater Minnesota.
18.17$15,000,000 in fiscal year 2016 and
18.18$15,000,000 in fiscal year 2017 are to:
18.19(1) increase the medical school's research
18.21(2) improve the medical school's ranking in
18.22National Institutes of Health funding;
18.23(3) ensure the medical school's national
18.24prominence by attracting and retaining
18.25world-class faculty, staff, and students;
18.26(4) invest in physician training programs in
18.27rural and underserved communities; and
18.28(5) translate the medical school's research
18.29discoveries into new treatments and cures to
18.30improve the health of Minnesotans.
18.31The Board of Regents is requested to
18.32consider hiring additional faculty to conduct
18.33research related to regenerative medicine.
19.1Five percent of the fiscal year 2017
19.2appropriation specified in this subdivision
19.3is available according to the schedule in
19.4clauses (1) to (5) in fiscal year 2017 when
19.5the Board of Regents of the University of
19.6Minnesota demonstrates to the commissioner
19.7of management and budget that the board
19.8has met the following specified number of
19.10(1) 100 percent if the board meets three, four,
19.11or five goals;
19.12(2) 67 percent if two of the goals are met;
19.13(3) 33 percent if one of the goals are met; and
19.14(4) zero percent if none of the goals are met.
19.15The performance goals are:
19.16(1) increase by at least one percent
19.17the four-year, five-year, or six-year
19.18undergraduate graduation rates, averaged
19.19over three years, for students of color
19.20systemwide at the University of Minnesota
19.21reported in fall 2016 over fall 2014. The
19.22average rate for fall 2014 is calculated with
19.23the graduation rates reported in fall 2012,
19.242013, and 2014;
19.25(2) increase by at least two percent the
19.26total number of undergraduate STEM
19.27degrees, averaged over three years, conferred
19.28systemwide by the University of Minnesota
19.29reported in fiscal year 2016 over fiscal year
19.302014. The averaged number for fiscal year
19.312014 is calculated with the fiscal year 2012,
19.322013, and 2014 numbers;
19.33(3) increase by at least one percent the
19.34four-year undergraduate graduation rate at
20.1the University of Minnesota reported in fall
20.22016 over fall 2014. The average rate for
20.3fall 2014 is calculated with the graduation
20.4rates reported in fall 2012, 2013, and 2014.
20.5The averaged number for fiscal year 2014 is
20.6calculated with the fiscal year 2012, 2013,
20.7and 2014 numbers;
20.8(4) for fiscal year 2016, reallocate
20.9$15,000,000 of administrative costs. The
20.10Board of Regents is requested to redirect
20.11those funds to invest in direct mission
20.12activities, stem growth in cost of attendance,
20.13and to programs that benefit students; and
20.14(5) increase licensing disclosures by three
20.15percent for fiscal year 2016 over fiscal year
20.17By August 1, 2015, the Board of Regents and
20.18the Office of Higher Education must agree on
20.19specific numerical indicators and definitions
20.20for each of the five goals that will be used to
20.21demonstrate the University of Minnesota's
20.22attainment of each goal. On or before April
20.231, 2016, the Board of Regents must report
20.24to the legislative committees with primary
20.25jurisdiction over higher education finance
20.26and policy the progress of the University of
20.27Minnesota toward attaining the goals. The
20.28appropriation base for the next biennium shall
20.29include appropriations not made available
20.30under this subdivision for failure to meet
20.31performance goals. All of the appropriation
20.32that is not available due to failure to meet
20.33performance goals is appropriated to the
20.34commissioner of the Office of Higher
20.35Education for fiscal year 2017 for the purpose
21.1of the state grant program under Minnesota
21.2Statutes, section 136A.121.
21.3Performance metrics are intended to facilitate
21.4progress towards the attainment goal under
21.5Minnesota Statutes, section 135A.012.
|Subd. 2.Operations and Maintenance
21.7This appropriation is from the health care
|Subd. 3.Primary Care Education Initiatives
|Subd. 4.Special Appropriations
21.11For the Agricultural Experiment Station and
21.12the Minnesota Extension Service:
21.13(1) the agricultural experiment stations
21.14and Minnesota Extension Service must
21.15convene agricultural advisory groups to
21.16focus research, education, and extension
21.17activities on producer needs and implement
21.18an outreach strategy that more effectively
21.19and rapidly transfers research results and best
21.20practices to producers throughout the state;
21.21(2) this appropriation includes funding for
21.22research and outreach on the production of
21.23renewable energy from Minnesota biomass
21.24resources, including agronomic crops, plant
21.25and animal wastes, and native plants or trees.
21.26The following areas should be prioritized and
21.27carried out in consultation with Minnesota
21.28producers, renewable energy, and bioenergy
21.30(i) biofuel and other energy production from
21.31perennial crops, small grains, row crops,
21.32and forestry products in conjunction with
22.1the Natural Resources Research Institute
22.3(ii) alternative bioenergy crops and cropping
22.5(iii) biofuel coproducts used for livestock
22.7(3) this appropriation includes funding
22.8for the College of Food, Agricultural, and
22.9Natural Resources Sciences to establish and
22.10provide leadership for organic agronomic,
22.11horticultural, livestock, and food systems
22.12research, education, and outreach and for
22.13the purchase of state-of-the-art laboratory,
22.14planting, tilling, harvesting, and processing
22.15equipment necessary for this project;
22.16(4) this appropriation includes funding
22.17for research efforts that demonstrate a
22.18renewed emphasis on the needs of the state's
22.19agriculture community. The following
22.20areas should be prioritized and carried
22.21out in consultation with Minnesota farm
22.23(i) vegetable crop research with priority for
22.24extending the Minnesota vegetable growing
22.26(ii) fertilizer and soil fertility research and
22.28(iii) soil, groundwater, and surface water
22.29conservation practices and contaminant
22.31(iv) discovering and developing plant
22.32varieties that use nutrients more efficiently;
23.1(v) breeding and development of turf seed
23.2and other biomass resources in all three
23.4(vi) development of new disease-resistant
23.5and pest-resistant varieties of turf and
23.7(vii) utilizing plant and livestock cells to treat
23.8and cure human diseases;
23.9(viii) the development of dairy coproducts;
23.10(ix) a rapid agricultural response fund for
23.11current or emerging animal, plant, and insect
23.12problems affecting production or food safety;
23.13(x) crop pest and animal disease research;
23.14(xi) developing animal agriculture that is
23.15capable of sustainably feeding the world;
23.16(xii) consumer food safety education and
23.18(xiii) programs to meet the research and
23.19outreach needs of organic livestock and crop
23.21(xiv) alternative bioenergy crops and
23.22cropping systems; and growing, harvesting,
23.23and transporting biomass plant material; and
23.24(5) by February 1, 2017, the Board of Regents
23.25must submit a report to the legislative
23.26committees and divisions with jurisdiction
23.27over agriculture and higher education finance
23.28on the status and outcomes of research and
23.29initiatives funded in this paragraph.
|(a) Agriculture and Extension Service
23.31$346,000 each year is to support up to 12
23.32resident physicians in the St. Cloud Hospital
24.1family practice residency program. The
24.2program must prepare doctors to practice
24.3primary care medicine in rural areas of the
24.4state. The legislature intends this program
24.5to improve health care in rural communities,
24.6provide affordable access to appropriate
24.7medical care, and manage the treatment of
24.8patients in a more cost-effective manner.
24.9The remainder of this appropriation is for
24.10the rural physicians associates program;
24.11the Veterinary Diagnostic Laboratory;
24.12health sciences research; dental care; the
24.13Biomedical Engineering Center; and the
24.14collaborative partnership between the
24.15University of Minnesota and Mayo Clinic
24.16for regenerative medicine, research, clinical
24.17translation, and commercialization.
|(b) Health Sciences
24.19For the geological survey and the talented
24.20youth mathematics program.
|(c) Institute of Technology
24.22For general research, the Labor Education
24.23Service, Natural Resources Research
24.24Institute, Center for Urban and Regional
24.25Affairs, Bell Museum of Natural History, and
24.26the Humphrey exhibit.
|(d) System Special
24.29This appropriation is for the following
24.31(1) $7,491,000 in fiscal year 2016 and
24.32$7,491,000 in fiscal year 2017 are for
24.33the direct and indirect expenses of the
24.34collaborative research partnership between
25.1the University of Minnesota and the Mayo
25.2Foundation for research in biotechnology
25.3and medical genomics. An annual report
25.4on the expenditure of these funds must be
25.5submitted to the governor and the chairs of
25.6the legislative committee responsible for
25.7higher education finance by June 30 of each
25.9(2) $500,000 in fiscal year 2016 and
25.10$500,000 in fiscal year 2017 are to award
25.11competitive grants to conduct research into
25.12the prevention, treatment, causes, and cures
25.13of Alzheimer's disease and other dementias.
|(e) University of Minnesota and Mayo
25.15The appropriation for Academic Health
25.16Center funding under Minnesota Statutes,
25.17section 297F.10, is estimated to be
25.18$22,250,000 each year.
|Subd. 5.Academic Health Center
|Sec. 6. MAYO CLINIC
25.21The amounts that may be spent are specified
25.22in the following subdivisions.
|Subdivision 1.Total Appropriation
25.24The state must pay a capitation each year for
25.25each student who is a resident of Minnesota.
25.26The appropriation may be transferred
25.27between each year of the biennium to
25.28accommodate enrollment fluctuations. It is
25.29intended that during the biennium the Mayo
25.30Clinic use the capitation money to increase
25.31the number of doctors practicing in rural
25.32areas in need of doctors.
|Subd. 2.Medical School
26.3The state must pay stipend support for up to
26.427 residents each year.
|Subd. 3.Family Practice and Graduate
Sec. 7. MNSCU PRESIDENTIAL SELECTION PROCESS; REPORT.
26.6The Board of Trustees of the Minnesota State Colleges and Universities shall report
26.7in writing to the chairs and ranking minority members of the legislative committees
26.8with jurisdiction over higher education by October 1, 2015, its schedule for adopting
26.9a presidential selection process as a comprehensive formal written policy. The board
26.10is encouraged to engage stakeholders in developing the board policy. The board must
26.11strongly consider a policy that provides clarity in the selection process, enhances
26.12communication and the opportunity for local input by colleges and universities and
26.13community stakeholders they serve, and that reflects the need to consult with and
to keep a
26.14presidential selection advisory committee informed during the entire selection process.
Sec. 8. UNIVERSITY OF MINNESOTA BUDGET ALLOCATION REPORT.
26.16The Board of Regents of the University of Minnesota shall report by February 1,
26.172016, to the chairs and ranking minority members of the legislative committees with
26.18primary jurisdiction over higher education finance on the factors it considers to
26.19funds to separate campuses. The report must specifically, without limitation, address
26.20issue of whether non-Twin Cities campuses are treated as single units for budget allocation
26.21purposes or treated as comprised of multiple units. The report must discuss the effect
26.22treating a campus as a single unit and the reasons for that treatment.
Sec. 9. TUITION RECIPROCITY APPROPRIATION CANCELLATION.
26.24All unspent funds, estimated to be $8,394,000, to provide tuition reciprocity
26.25payments under Laws 2013, chapter 99, section 3, subdivision 5, are canceled to the
26.26general fund on June 30, 2015.
26.28OFFICE OF HIGHER EDUCATION
Section 1. Minnesota Statutes 2014, section 13.32, subdivision 6, is amended to read:
Admissions forms; Remedial instruction. (a) Minnesota postsecondary
26.31 education institutions, for purposes of reporting and research, may collect on the
26.32 1986-1987 admissions form, and disseminate to any public educational agency or
27.1 institution the following data on individuals: student sex, ethnic background, age,
27.2 disabilities. The data shall not be required of any individual and shall not be used
27.3 purposes of determining the person's admission to an institution.
27.4 (b) (a)
A school district that receives information under subdivision 3, paragraph
(h) from a postsecondary institution about an identifiable student shall maintain
data as educational data and use that data to conduct studies to improve instruction.
Public postsecondary systems as part of their participation in the Statewide Longitudinal
Education Data System shall provide data on the extent and content of the remedial
instruction received by individual students, and the results of assessment testing
academic performance of, students who graduated from a Minnesota school district within
two years before receiving the remedial instruction. The Office of Higher Education,
collaboration with the Department of Education, shall evaluate the data and annually
report its findings to the education committees of the legislature.
This section supersedes any inconsistent provision of law.
Sec. 2. Minnesota Statutes 2014, section 16C.075, is amended to read:
A contract for services valued in excess of $50,000 must require certification from
the vendor and any subcontractors that, as of the date services on behalf of the state
Minnesota will be performed, the vendor and all subcontractors have implemented or
in the process of implementing the federal E-Verify program for all newly hired employees
in the United States who will perform work on behalf of the state of Minnesota. This
section does not apply to contracts entered into by the:
State Board of Investment
27.24(2) the Office of Higher Education for contracts related to credit reporting services
27.25the office certifies that those services cannot be reasonably obtained if this section
Sec. 3. Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:
Subd. 4. License and rules.
(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.
(b) The board must adopt rules requiring a person to pass a skills examination in
reading, writing, and mathematics or attain either a composite score composed of the
average of the scores in English and writing, reading, and mathematics on the ACT
Plus Writing recommended by the board, or an equivalent composite score composed
of the average of the scores in critical reading, mathematics, and writing on the
recommended by the board, as a requirement for initial teacher licensure, except that
board may issue up to two temporary, one-year teaching licenses to an otherwise qualified
candidate who has not yet passed the skills exam or attained the requisite composite
on the ACT Plus Writing or SAT. Such rules must require college and universities offering
a board-approved teacher preparation program to provide remedial assistance to persons
who did not achieve a qualifying score on the skills examination or attain the requisite
composite score on the ACT Plus Writing or SAT, including those for whom English is
a second language. The requirement to pass a reading, writing, and mathematics skills
examination or attain the requisite composite score on the ACT Plus Writing or SAT
not apply to nonnative English speakers, as verified by qualified Minnesota school
personnel or Minnesota higher education faculty, who, after meeting the content and
pedagogy requirements under this subdivision, apply for a teaching license to provide
instruction in their native language or world language instruction under section
. A teacher candidate's official ACT Plus Writing or SAT composite score
report to the board must not be more than ten years old at the time of licensure.
(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between
person and a postsecondary institution providing a teacher preparation program when
dispute involves an institution's recommendation for licensure affecting the person
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.
(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. Among other components,
28.25teacher preparation programs may use the Minnesota State Colleges and Universities
28.26program model to provide a school year-long student teaching program that combines
28.27clinical opportunities with academic coursework and in-depth student teaching
28.28experiences to offer students ongoing mentorship, coaching and assessment, help to
28.29prepare a professional development plan, and structured learning experiences.
shall implement new systems of teacher preparation program evaluation to assure program
effectiveness based on proficiency of graduates in demonstrating attainment of program
outcomes. Teacher preparation programs including alternative teacher preparation
programs under section
, among other programs, must include a content-specific,
board-approved, performance-based assessment that measures teacher candidates in three
areas: planning for instruction and assessment; engaging students and supporting learning;
and assessing student learning. The board's redesign rules must include creating flexible,
specialized teaching licenses, credentials, and other endorsement forms to increase
students' participation in language immersion programs, world language instruction,
career development opportunities, work-based learning, early college courses and careers,
career and technical programs, Montessori schools, and project and place-based learning,
among other career and college ready learning offerings.
(e) The board must adopt rules requiring candidates for initial licenses to pass an
examination of general pedagogical knowledge and examinations of licensure-specific
teaching skills. The rules shall be effective by September 1, 2001. The rules under
paragraph also must require candidates for initial licenses to teach prekindergarten
elementary students to pass, as part of the examination of licensure-specific teaching
skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section
, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability
integrate that knowledge and understanding.
(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to candidates for initial licenses
based on appropriate professional competencies that are aligned with the board's licensing
system and students' diverse learning needs. All teacher candidates must have preparation
in English language development and content instruction for English learners in order
able to effectively instruct the English learners in their classrooms. The board must
these licenses in a statewide differentiated licensing system that creates new leadership
roles for successful experienced teachers premised on a collaborative professional
dedicated to meeting students' diverse learning needs in the 21st century, recognizes
importance of cultural and linguistic competencies, including the ability to teach
communicate in culturally competent and aware ways, and formalizes mentoring and
induction for newly licensed teachers provided through a teacher support framework.
(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.
(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses. The board must require licensed
who are renewing a continuing license to include in the renewal requirements further
preparation in English language development and specially designed content instruction
in English for English learners.
(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections
. The board must not establish any expiration date for application for life licenses.
(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation
the areas of using positive behavior interventions and in accommodating, modifying,
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license
registration requirements of the commissioner of health and the health-related boards
license personnel who perform similar services outside of the school.
(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section
122A.06, subdivision 4
. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including,
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.
(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation,
first, in understanding the key warning signs of early-onset mental illness in children
and adolescents and then, during subsequent licensure renewal periods, preparation
include providing a more in-depth understanding of students' mental illness trauma,
accommodations for students' mental illness, parents' role in addressing students'
illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section
governing restrictive procedures, and de-escalation methods, among other similar topics.
30.29EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
Sec. 4. Minnesota Statutes 2014, section 136A.01, is amended by adding a subdivision
30.33 Subd. 3. Incentive programs. The commissioner is authorized to utilize incentive
30.34gifts including, but not limited to, gift cards in order to promote to the public
31.1programs administered by the office. The annual total expenditures for such incentive
31.2programs shall not exceed $10,000.
Sec. 5. Minnesota Statutes 2014, section 136A.031, subdivision 4, is amended to read:
Subd. 4. Student representation.
must place at least one
31.5 student from an affected educational system on any task force created by the office.
31.6 commissioner must submit to the SAC the name of any student appointed to an advisory
31.7 group or task force. The student appointment is not approved if four SAC members vote
31.8 to disapprove of the appointment. If an appointment is disapproved, the commissioner
31.9 must submit another student appointment to the SAC in a timely manner shall invite the
31.10council to nominate a student or students to serve on task forces created by the office,
Sec. 6. Minnesota Statutes 2014, section 136A.0411, is amended to read:
31.13136A.0411 COLLECTING FEES.
The office may charge fees for seminars, conferences, workshops, services, and
materials. The office may collect fees for registration and licensure of private institutions
and chapter 141. The money is
to the office.
Sec. 7. Minnesota Statutes 2014, section 136A.125, subdivision 2, is amended to read:
Subd. 2. Eligible students.
(a) An applicant is eligible for a child care grant if
(1) is a resident of the state of Minnesota or the applicant's spouse is a resident
31.22of the state of Minnesota
(2) has a child 12 years of age or younger, or 14 years of age or younger who is
disabled as defined in section
, and who is receiving or will receive care on a
regular basis from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's policies and rules, but is not
recipient of assistance from the Minnesota family investment program;
(4) has not earned a baccalaureate degree and has been enrolled full time less than
eight semesters or the equivalent;
(5) is pursuing a nonsectarian program or course of study that applies to an
undergraduate degree, diploma, or certificate;
(6) is enrolled at least half time in an eligible institution; and
(7) is in good academic standing and making satisfactory academic progress.
(b) A student who withdraws from enrollment for active military service after
December 31, 2002, because the student was ordered to active military service as defined
190.05, subdivision 5b
or 5c, or for a major illness, while under the care of a
medical professional, that substantially limits the student's ability to complete
is entitled to an additional semester or the equivalent of grant eligibility and will
considered to be in continuing enrollment status upon return.
32.7EFFECTIVE DATE.This section is effective August 1, 2015, and applies to
32.8academic terms commencing on or after that date.
Sec. 8. Minnesota Statutes 2014, section 136A.125, subdivision 4, is amended to read:
Subd. 4. Amount and length of grants.
(a) The amount of a child care grant
must be based on:
(1) the income of the applicant and the applicant's spouse;
(2) the number in the applicant's family, as defined by the office; and
(3) the number of eligible children in the applicant's family.
(b) The maximum award to the applicant shall be $2,800 for each eligible child per
academic year, except that the campus financial aid officer may apply to the office
approval to increase grants by up to ten percent to compensate for higher market charges
for infant care in a community. The office shall develop policies to determine community
market costs and review institutional requests for compensatory grant increases to
need and equal treatment. The office shall prepare a chart to show the amount of a
that will be awarded per child based on the factors in this subdivision. The chart
include a range of income and family size.
32.23(c) Applicants with family incomes at or below a percentage of the federal poverty
32.24level, as determined by the commissioner, will qualify for the maximum award. The
32.25commissioner shall attempt to set the percentage at a level estimated to fully expend
32.26available appropriation for child care grants. Applicants with family incomes exceeding
32.27that threshold will receive the maximum award minus ten percent of their income
32.28exceeding that threshold. If the result is less than zero, the grant is zero.
32.29(d) The academic year award amount must be disbursed by academic term using the
32.31(1) the academic year amount described in paragraph (b);
32.32(2) divided by the number of terms in the academic year;
32.33(3) divided by 15; and
32.34(4) multiplied by the number of credits for which the student is enrolled that
32.35academic term, up to 15 credits.
33.1(e) Payments shall be made each academic term to the student or to the child care
33.2provider, as determined by the institution. Institutions may make payments more than
33.3once within the academic term.
Sec. 9. Minnesota Statutes 2014, section 136A.125, subdivision 4b, is amended to read:
Subd. 4b. Additional grants.
An additional term of
child care grant may be
awarded to an applicant attending classes outside of the regular academic year who
the requirements in subdivisions 2 and 4. The annual maximum grant per eligible child
33.8must not exceed the calculated annual amount in subdivision 4, plus the additional
33.9in this subdivision, or the student's estimated annual child care cost for not more
33.10hours per week per eligible child, whichever is less
Sec. 10. Minnesota Statutes 2014, section 136A.1701, subdivision 4, is amended to
Subd. 4. Terms and conditions of loans.
(a) The office may loan money upon
such terms and conditions as the office may prescribe.
Under the SELF IV program, the
33.15 principal amount of a loan to an undergraduate student for a single academic year
33.16 exceed $7,500 per grade level. The aggregate principal amount of all loans made subject
33.17 to this paragraph to an undergraduate student shall not exceed $37,500. The principal
33.18 amount of a loan to a graduate student for a single academic year shall not exceed
33.19 The aggregate principal amount of all loans made subject to this paragraph to a student
33.20 an undergraduate and graduate student shall not exceed $55,500. The amount of the
33.21 may not exceed the cost of attendance less all other financial aid, including PLUS
33.22 other similar parent loans borrowed on the student's behalf. The cumulative SELF loan
33.23 debt must not exceed the borrowing maximums in paragraph (b).
33.24 (b) The cumulative undergraduate borrowing maximums for SELF IV loans are:
33.25 (1) grade level 1, $7,500;
33.26 (2) grade level 2, $15,000;
33.27 (3) grade level 3, $22,500;
33.28 (4) grade level 4, $30,000; and
33.29 (5) grade level 5, $37,500.
33.30 (c) (b)
principal maximum loan
of a SELF V or subsequent phase
to students enrolled in a bachelor's degree program, postbaccalaureate, or graduate
not exceed $10,000 per grade level be determined annually by the office
For all other eligible students, the principal amount of the loan must not exceed
grade level. The aggregate principal amount of all loans made subject to this paragraph
a student as an undergraduate and graduate student must not exceed
The amount of the loan must not exceed the cost of attendance as determined by the
less all other financial aid, including PLUS loans or other similar parent
loans borrowed on the student's behalf. The cumulative SELF loan debt must not exceed
the borrowing maximums in paragraph
(1) The cumulative borrowing maximums must be determined annually by the
SELF V loans and subsequent phases for
students enrolled in a bachelor's degree
program or postbaccalaureate program
are:. In determining the cumulative borrowing
34.9maximums, the office shall, among other considerations, take into consideration the
34.10maximum SELF loan amount, student financing needs, funding capacity for the SELF
34.11program, delinquency and default loss management, and current financial market
34.13 (i) grade level 1, $10,000;
34.14 (ii) grade level 2, $20,000;
34.15 (iii) grade level 3, $30,000;
34.16 (iv) grade level 4, $40,000; and
34.17 (v) grade level 5, $50,000.
34.18 (2) For graduate level students, the borrowing limit is $10,000 per nine-month
34.19 academic year, with a cumulative maximum for all SELF debt of $70,000.
34.20 (3) (2)
For all other eligible students, the cumulative borrowing maximums
34.21 SELF V loans and subsequent phases
(i) grade level 1, $7,500;
(ii) grade level 2, $15,000;
(iii) grade level 3, $22,500;
(iv) grade level 4, $30,000; and
(v) grade level 5, $37,500.
Sec. 11. Minnesota Statutes 2014, section 136A.61, is amended to read:
The legislature has found and hereby declares that the availability of legitimate
courses and programs leading to academic degrees offered by responsible private
and for-profit institutions of postsecondary education and the
existence of legitimate private colleges and universities are in the best interests
people of this state. The legislature has found and declares that the state can provide
assistance and protection for persons choosing private institutions and programs,
establishing policies and procedures to assure the authenticity and legitimacy of
postsecondary education institutions and programs. The legislature has also found
declares that this same policy applies to any private and public postsecondary educational
institution located in another state or country which offers or makes available to
Minnesota resident any course, program or educational activity which does not require
the leaving of the state for its completion.
Sec. 12. Minnesota Statutes 2014, section 136A.63, subdivision 2, is amended to read:
Subd. 2. Sale of an institution.
Within 30 days of a change of its ownership a school
must submit a registration renewal application, all usual and ordinary information
materials for an initial registration, and applicable registration fees for a new
For purposes of this subdivision, "change of ownership" means a merger or consolidation
with a corporation; a sale, lease, exchange, or other disposition of all or substantially
the assets of a school; the transfer of a controlling interest of at least 51 percent
school's stock; or a change in the
or for-profit status of a school.
Sec. 13. Minnesota Statutes 2014, section 136A.65, subdivision 4, is amended to read:
Subd. 4. Criteria for approval.
(a) A school applying to be registered and to have
its degree or degrees and name approved must substantially meet the following criteria:
(1) the school has an organizational framework with administrative and teaching
personnel to provide the educational programs offered;
(2) the school has financial resources sufficient to meet the school's financial
obligations, including refunding tuition and other charges consistent with its stated
if the institution is dissolved, or if claims for refunds are made, to provide service
students as promised, and to provide educational programs leading to degrees as offered;
(3) the school operates in conformity with generally accepted budgeting and
(4) the school provides an educational program leading to the degree it offers;
(5) the school provides appropriate and accessible library, laboratory, and other
physical facilities to support the educational program offered;
(6) the school has a policy on freedom or limitation of expression and inquiry for
faculty and students which is published or available on request;
(7) the school uses only publications and advertisements which are truthful and do
not give any false, fraudulent, deceptive, inaccurate, or misleading impressions about
school, its personnel, programs, services, or occupational opportunities for its graduates
for promotion and student recruitment;
(8) the school's compensated recruiting agents who are operating in Minnesota
identify themselves as agents of the school when talking to or corresponding with
and prospective students;
(9) the school provides information to students and prospective students concerning:
(i) comprehensive and accurate policies relating to student admission, evaluation,
suspension, and dismissal;
(ii) clear and accurate policies relating to granting credit for prior education,
and experience and for courses offered by the school;
(iii) current schedules of fees, charges for tuition, required supplies, student
activities, housing, and all other standard charges;
(iv) policies regarding refunds and adjustments for withdrawal or modification
of enrollment status; and
(v) procedures and standards used for selection of recipients and the terms of
payment and repayment for any financial aid program
36.15 (10) the school must not withhold a student's official transcript because the student
36.16in arrears or in default on any loan issued by the school to the student if the loan
36.17as an institutional loan under United States Code, title 11, section 523(a)(8)(b).
(b) An application for degree approval must also include:
(i) title of degree and formal recognition awarded;
(ii) location where such degree will be offered;
(iii) proposed implementation date of the degree;
(iv) admissions requirements for the degree;
(v) length of the degree;
(vi) projected enrollment for a period of five years;
(vii) the curriculum required for the degree, including course syllabi or outlines;
(viii) statement of academic and administrative mechanisms planned for monitoring
the quality of the proposed degree;
(ix) statement of satisfaction of professional licensure criteria, if applicable;
(x) documentation of the availability of clinical, internship, externship, or practicum
sites, if applicable; and
(xi) statement of how the degree fulfills the institution's mission and goals,
complements existing degrees, and contributes to the school's viability.
Sec. 14. Minnesota Statutes 2014, section 136A.65, subdivision 7, is amended to read:
Subd. 7. Conditional approval.
The office may grant conditional approval for a
degree or use of a term in its name for a period of less than one year if doing so
in the best interests of currently enrolled students or prospective students. New
may be granted conditional approval for degrees or names annually for a period not
exceed five years to allow them the opportunity to apply for and receive accreditation
required in subdivision 1a. A new school granted conditional approval may be allowed
37.5to continue as a registered institution in order to complete an accreditation process
37.6terms and conditions the office determines.
Sec. 15. Minnesota Statutes 2014, section 136A.657, subdivision 1, is amended to read:
Subdivision 1. Exemption.
Any school or any department or branch of a school (a)
which is substantially owned, operated or supported by a bona fide church or religious
organization; (b) whose programs are primarily designed for, aimed at and attended
persons who sincerely hold or seek to learn the particular religious faith or beliefs
church or religious organization; and (c) whose programs are primarily intended to
its students to become ministers of, to enter into some other vocation closely related
to conduct their lives in consonance with, the particular faith of that church or
organization, is exempt from the provisions of sections
Sec. 16. Minnesota Statutes 2014, section 136A.657, subdivision 3, is amended to read:
Subd. 3. Scope.
Nothing in sections
, or the rules
adopted pursuant thereto, shall be interpreted as permitting the office to determine
truth or falsity of any particular set of religious beliefs.
Sec. 17. Minnesota Statutes 2014, section 136A.67, is amended to read:
37.21136A.67 REGISTRATION REPRESENTATIONS.
No school and none of its officials or employees shall advertise or represent in any
manner that such school is approved or accredited by the office or the state of Minnesota,
except a school which is duly registered with the office, or any of its officials
employees, may represent in advertising and shall disclose in catalogues, applications,
enrollment materials that the school is registered with the office by prominently
the following statement: "(Name of school) is registered
as a private institution
office pursuant to sections
. Registration is not an endorsement of the
institution. Credits earned at the institution may not transfer to all other institutions." In
37.30addition, all registered schools shall publish in the school catalog or student handbook
37.31name, street address, telephone number, and Web site address of the office.
Sec. 18. Minnesota Statutes 2014, section 136A.87, is amended to read:
38.1136A.87 PLANNING INFORMATION FOR POSTSECONDARY
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
out-of-school youth. The information provided 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
(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
(9) the costs of postsecondary education and the availability of financial assistance
in meeting these costs, including specific information about the Minnesota Promise
38.24 achieve scholarship program
(10) the interrelationship of assistance from student financial aid, public assistance,
and job training programs; and
(11) financial planning for postsecondary education.
Sec. 19. Minnesota Statutes 2014, section 136G.05, subdivision 7, is amended to read:
Subd. 7. Marketing.
The commissioner shall make parents and other interested
individuals aware of the availability and advantages of the program as a way to save
higher education costs.
The cost of these promotional efforts may not be funded with fees
38.32 imposed on participants.
Sec. 20. Minnesota Statutes 2014, section 141.21, subdivision 5, is amended to read:
Subd. 5. Private career school.
39.2 or outside the state,
who maintains, advertises, administers, solicits for, or conducts any
program at less than an associate degree level
is not registered as a private institution
and is not specifically exempted by section
School also means any person, within or outside the state, who maintains,
39.6 advertises, administers, solicits for, or conducts any program at less than an associate
39.7 degree level, is not registered as a private institution pursuant to sections
39.8 136A.71 , and uses the term, "college," "institute," "academy," or "university" in its name.
Sec. 21. Minnesota Statutes 2014, section 141.21, subdivision 6a, is amended to read:
Subd. 6a. Multiple location.
"Multiple location" means any site where classes or
administrative services are provided to students and
has a street address that is
different than the street address found on the
Sec. 22. Minnesota Statutes 2014, section 141.21, subdivision 9, is amended to read:
Subd. 9. Distance education private career school.
"Distance education private
school" means a school that establishes, keeps, or maintains a facility or location
where a program is offered through distance instruction.
Sec. 23. Minnesota Statutes 2014, section 141.25, is amended to read:
Subdivision 1. Required.
A private career
school must not maintain, advertise,
solicit for, administer, or conduct any program in Minnesota without first obtaining
license from the office.
Subd. 2. Contract unenforceable.
A contract entered into with a person for a
program by or on behalf of a person operating a private career
school to which a license
has not been issued under sections
, is unenforceable in any action.
Subd. 2a. Refunds.
If a contract is deemed unenforceable under subdivision 2, a
school must refund tuition, fees, and other charges received from a student
or on behalf of a student within 30 days of receiving written notification and demand
refund from the
of Higher Education
Subd. 3. Application.
Application for a license shall be on forms prepared and
furnished by the office, and shall include the following and other information as
office may require:
(1) the title or name of the private career
school, ownership and controlling officers,
members, managing employees, and director;
(2) the specific programs which will be offered and the specific purposes of the
(3) the place or places where the instruction will be given;
(4) a listing of the equipment available for instruction in each program;
(5) the maximum enrollment to be accommodated with equipment available in
each specified program;
(6) the qualifications of instructors and supervisors in each specified program;
(7) a current balance sheet, income statement, and adequate supporting
documentation, prepared and certified by an independent public accountant or CPA;
(8) copies of all media advertising and promotional literature and brochures or
electronic display currently used or reasonably expected to be used by the private career
(9) copies of all Minnesota enrollment agreement forms and contract forms and all
enrollment agreement forms and contract forms used in Minnesota; and
(10) gross income earned in the preceding year from student tuition, fees, and other
required institutional charges, unless the private career
school files with the office a surety
bond equal to at least $250,000 as described in subdivision 5.
Subd. 4. Certification.
Each application shall be signed and certified to under
oath by the proprietor if the applicant is a proprietorship, by the managing partner
applicant is a partnership, or by the authorized officers of the applicant if the
applicant is a
corporation, association, company, firm, society or trust.
Subd. 5. Bond.
(a) No license shall be issued to any private career
maintains, conducts, solicits for, or advertises within the state of Minnesota any
unless the applicant files with the office a continuous corporate surety bond written
by a company authorized to do business in Minnesota conditioned upon the faithful
performance of all contracts and agreements with students made by the applicant.
(b)(1) The amount of the surety bond shall be ten percent of the preceding year's
gross income from student tuition, fees, and other required institutional charges,
no event less than $10,000 nor greater than $250,000, except that a private career
may deposit a greater amount at its own discretion. A private career
school in each annual
application for licensure must compute the amount of the surety bond and verify that
amount of the surety bond complies with this subdivision, unless the private career
maintains a surety bond equal to at least $250,000. A private career
school that operates at
two or more locations may combine gross income from student tuition, fees, and other
required institutional charges for all locations for the purpose of determining the
surety bond requirement. The gross tuition and fees used to determine the amount of
surety bond required for a private career
school having a license for the sole purpose of
recruiting students in Minnesota shall be only that paid to the private career
school by the
students recruited from Minnesota.
required to obtain a private career school license due to the use
of "academy," "institute," "college," or "university" in its name and which is also
by another state agency or board shall be required to provide a school bond of $10,000.
(c) The bond shall run to the state of Minnesota and to any person who may have a
cause of action against the applicant arising at any time after the bond is filed
it is canceled for breach of any contract or agreement made by the applicant with
student. The aggregate liability of the surety for all breaches of the conditions
bond shall not exceed the principal sum deposited by the private career
paragraph (b). The surety of any bond may cancel it upon giving 60 days' notice in
to the office and shall be relieved of liability for any breach of condition occurring
the effective date of cancellation.
(d) In lieu of bond, the applicant may deposit with the commissioner of management
and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
41.17letter of credit issued by a financial institution equal to the amount of the required
or securities as may be legally purchased by savings banks or for trust funds in
aggregate market value equal to the amount of the required surety bond.
(e) Failure of a private career
school to post and maintain the required surety bond
or deposit under paragraph (d) shall result in denial, suspension, or revocation of
Subd. 6. Resident agent. Private career
schools located outside the state of
Minnesota that offer, advertise, solicit for, or conduct any program within the state
Minnesota shall first file with the secretary of state a sworn statement designating
agent authorized to receive service of process. The statement shall designate the
of state as resident agent for service of process in the absence of a designated agent.
a private career
school fails to file the statement, the secretary of state is designated as
the resident agent authorized to receive service of process. The authorization shall
irrevocable as to causes of action arising out of transactions occurring prior to
the filing of
written notice of withdrawal from the state of Minnesota filed with the secretary
Subd. 7. Minimum standards.
A license shall be issued if the office first determines:
(1) that the applicant has a sound financial condition with sufficient resources
(i) meet the private career
school's financial obligations;
(ii) refund all tuition and other charges, within a reasonable period of time, in
event of dissolution of the private career
school or in the event of any justifiable claims for
refund against the private career
school by the student body;
(iii) provide adequate service to its students and prospective students; and
(iv) maintain and support the private career
(2) that the applicant has satisfactory facilities with sufficient tools and equipment
and the necessary number of work stations to prepare adequately the students currently
enrolled, and those proposed to be enrolled;
(3) that the applicant employs a sufficient number of qualified teaching personnel
provide the educational programs contemplated;
(4) that the private career
school has an organizational framework with administrative
and instructional personnel to provide the programs and services it intends to offer;
(5) that the premises and conditions under which the students work and study are
42.14 sanitary, healthful, and safe;
42.15 (6) (5)
that the quality and content of each occupational course or program of study
provides education and adequate preparation to enrolled students for entry level positions
in the occupation for which prepared;
that the premises and conditions where the students work and study and the
living quarters which are owned, maintained, recommended, or approved by
are sanitary, healthful,
and safe, as evidenced by certificate
42.21of occupancy issued by the municipality or county where the private career school
42.22is physically situated, a fire inspection by the local or state fire marshal, or another
42.23verification deemed acceptable by the office
that the contract or enrollment agreement used by the private career
complies with the provisions in section
that contracts and agreements do not contain a wage assignment provision
or a confession of judgment clause; and
that there has been no adjudication of fraud or misrepresentation in any
criminal, civil, or administrative proceeding in any jurisdiction against the private career
school or its owner, officers, agents, or sponsoring organization.
Subd. 8. Fees and terms of license.
An application for an initial license under
shall be accompanied by a nonrefundable application fee as
provided in section
that is sufficient to recover, but not exceed, the administrative
costs of the office.
All licenses shall expire one year from the date issued by the office, except as
provided in section
Subd. 9. Catalog, brochure, or electronic display.
Before a license is issued to
a private career
school, the private career
school shall furnish to the office a catalog,
brochure, or electronic display including:
(1) identifying data, such as volume number and date of publication;
(2) name and address of the private career
school and its governing body and officials;
(3) a calendar of the private career
school showing legal holidays, beginning and
ending dates of each course quarter, term, or semester, and other important dates;
(4) the private career
school policy and regulations on enrollment including dates
and specific entrance requirements for each program;
(5) the private career
school policy and regulations about leave, absences, class cuts,
make-up work, tardiness, and interruptions for unsatisfactory attendance;
(6) the private career
school policy and regulations about standards of progress
for the student including the grading system of the private career
school, the minimum
grades considered satisfactory, conditions for interruption for unsatisfactory grades
progress, a description of any probationary period allowed by the private career
and conditions of reentrance for those dismissed for unsatisfactory progress;
(7) the private career
school policy and regulations about student conduct and
conditions for dismissal for unsatisfactory conduct;
(8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student
activities, laboratory fees, service charges, rentals, deposits, and all other charges;
(9) the private career
school policy and regulations, including an explanation of
, about refunding tuition, fees, and other charges if the student does not
enter the program, withdraws from the program, or the program is discontinued;
(10) a description of the available facilities and equipment;
(11) a course outline syllabus for each course offered showing course objectives,
subjects or units in the course, type of work or skill to be learned, and approximate
hours, or credits to be spent on each subject or unit;
(12) the private career
school policy and regulations about granting credit for
previous education and preparation;
(13) a notice to students relating to the transferability of any credits earned at
school to other institutions;
(14) a procedure for investigating and resolving student complaints; and
(15) the name and address of the
of Higher Education
A private career
school that is exclusively a distance education school is exempt
from clauses (3) and (5).
Subd. 10. Placement records.
(a) Before a license is reissued to a private career
school that offers, advertises or implies a placement service, the private career
file with the office for the past year and thereafter at reasonable intervals determined
the office, a certified copy of the private career
school's placement record, containing a list
of graduates, a description of their jobs, names of their employers, and other information
as the office may prescribe.
(b) Each private career
school that offers a placement service shall furnish to each
prospective student, upon request, prior to enrollment, written information concerning
the percentage of the previous year's graduates who were placed in the occupation
which prepared or in related employment.
Subd. 12. Permanent records.
A private career
school licensed under this chapter
and located in Minnesota shall maintain a permanent record for each student for 50
from the last date of the student's attendance. A private career
school licensed under this
chapter and offering distance instruction to a student located in Minnesota shall
a permanent record for each Minnesota student for 50 years from the last date of the
student's attendance. Records include school transcripts, documents, and files containing
student data about academic credits earned, courses completed, grades awarded, degrees
awarded, and periods of attendance. To preserve permanent records, a private career
school shall submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a secure, fireproof depository;
(2) an appropriate official must be designated to provide a student with copies of
records or a transcript upon request;
(3) an alternative method, approved by the office, of complying with clauses (1) and
(2) must be established if the private career
school ceases to exist; and
(4) a continuous surety bond must be filed with the office in an amount not to exceed
$20,000 if the private career
school has no binding agreement approved by the office, for
preserving student records. The bond shall run to the state of Minnesota.
Subd. 13. Private career schools licensed by another state agency or board.
school required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in its name or licensed for the
participating in state financial aid under chapter 136A, and which is also licensed
state agency or board shall be required to satisfy only the requirements of subdivisions
clauses (1), (2), (3), (5), (7), and (10); 4; 5, paragraph (b), clause (2); 7, clauses
(1) and (10);
8; 9, clause (13); and 12. A distance education school located in another state, or a school
44.35licensed to recruit Minnesota residents for attendance at a school outside of this
state, or a
45.1school licensed by another state agency as its primary licensing body, may continue
45.2the school's name as permitted by its home state or its primary licensing body.
Sec. 24. Minnesota Statutes 2014, section 141.251, subdivision 2, is amended to read:
Subd. 2. Conditions.
The office shall adopt rules establishing the conditions for
renewal of a license. The conditions shall permit two levels of renewal based on the
of the private career
school. A private career
school that has demonstrated the quality of
its program and operation through longevity and performance in the state may renew
license based on a relaxed standard of scrutiny. A private career
school that has been in
operation in Minnesota for a limited period of time or that has not performed adequately
on performance indicators shall renew its license based on a strict standard of scrutiny.
The office shall specify minimum longevity standards and performance indicators that
must be met before a private career
school may be permitted to operate under the relaxed
standard of scrutiny. The performance indicators used in this determination shall
but not be limited to: regional or national accreditation, loan default rates, placement
of graduates, student withdrawal rates, audit results, student complaints, and school
with the United States Department of Education. Private career
schools that meet the
requirements established in rule shall be required to submit a full relicensure report
every four years, and in the interim years will be exempt from the requirements of
45.19141.25, subdivision 3
, clauses (4), (5), and (8), and Minnesota Rules, parts 4880.1700,
subpart 6; and 4880.2100, subpart 4.
Sec. 25. Minnesota Statutes 2014, section 141.255, is amended to read:
Subdivision 1. Initial licensure fee.
The office processing fee for an initial licensure
(1) $2,500 for a private career
school that will offer no more than one program
during its first year of operation;
(2) $750 for a private career
school licensed exclusively due to the use of the term
"college," "university," "academy," or "institute" in its name, or licensed exclusively
order to participate in state grant or SELF loan financial aid programs; and
(3) $2,500, plus $500 for each additional program offered by the private career
school, for a private career
school during its first year of operation.
Subd. 2. Renewal licensure fee; late fee.
(a) The office processing fee for a
renewal licensure application is:
(1) for a private career
school that offers one program, the license renewal fee is
(2) for a private career
school that offers more than one program, the license renewal
fee is $1,150, plus $200 for each additional program with a maximum renewal licensing
fee of $2,000;
(3) for a private career
school licensed exclusively due to the use of the term "college,"
"university," "academy," or "institute" in its name, the license renewal fee is $750;
(4) for a private career
school licensed by another state agency and also licensed
with the office exclusively in order to participate in state student aid programs,
renewal fee is $750.
(b) If a license renewal application is not received by the office by the close of
business at least 60 days before the expiration of the current license, a late fee
per business day, not to exceed $3,000, shall be assessed.
Subd. 4. Program addition fee.
The office processing fee for adding a program to
those that are currently offered by the private career
school is $500 per program.
Subd. 5. Visit or consulting fee.
If the office determines that a fact-finding visit
or outside consultant is necessary to review or evaluate any new or revised program,
office shall be reimbursed for the expenses incurred related to the review as follows:
(1) $400 for the team base fee or for a paper review conducted by a consultant if
office determines that a fact-finding visit is not required;
(2) $300 for each day or part thereof on site per team member; and
(3) the actual cost of customary meals, lodging, and related travel expenses incurred
by team members.
Subd. 6. Modification fee.
The fee for modification of any existing program is
$100 and is due if there is:
(1) an increase or decrease of 25 percent or more, from the original date of program
approval, in clock hours, credit hours, or calendar length of an existing program;
(2) a change in academic measurement from clock hours to credit hours or vice
(3) an addition or alteration of courses that represent a 25 percent change or more
the objectives, content, or methods of delivery.
Subd. 7. Solicitor permit fee.
The solicitor permit fee is $350 and must be paid
Subd. 8. Multiple location fee. Private career
schools wishing to operate at
multiple locations must pay:
(1) $250 per location, for locations two to five; and
(2) an additional $100 for each location over five.
Subd. 9. Student transcript fee.
The fee for a student transcript requested from a
closed private career
school whose records are held by the office is $15, with a maximum
of five transcripts per request.
Subd. 10. Public office documents; copies.
The rate for copies of any public
office document shall be 50 cents per page.
Sec. 26. Minnesota Statutes 2014, section 141.26, is amended to read:
47.8141.26 PERMITS FOR SOLICITORS.
Subdivision 1. Required.
A solicitor representing a private career
obtain a solicitor's permit from the office before soliciting students to enroll in
school. Such permit shall expire one year following the date of issuance.
Application for renewal of permit shall be made annually.
Subd. 2. Application for permit.
(a) The application for the permit shall state the
full name, address, previous employment, and such other information concerning the
solicitor applicant as the office may require.
(b) The application shall have attached to it a certified affidavit signed by a private
school official and the solicitor attesting to the fact that the applicant has been
furnished a copy, has read and has knowledge of the provisions of this chapter and
Subd. 3. Refusal of permit.
No permit shall be issued to any solicitor unless such
solicitor files with the office a continuous corporate surety bond in the sum of $2,000
conditioned upon the faithful performance of all contracts and agreements with the
made by the solicitor. Such bonds shall run to the state of Minnesota and to any person
may have cause of action against the applicant arising at any time after the bond
is filed and
before it is canceled for breach of any contract or agreement made by the solicitor
student. The aggregate liability of the surety for all breaches of the conditions
of the bond
shall not exceed the principal sum of $2,000. The surety of any such bond may cancel
upon giving 60 days' notice in writing to the office and shall be relieved of liability
breach of condition occurring after the effective date of cancellation. In lieu of
solicitor may deposit with the commissioner of management and budget the sum of $2,000.
Subd. 4. Additional permits.
A solicitor representing more than one private career
school must obtain a separate permit for each private career
school represented; however
when a solicitor represents private career
schools having a common ownership, only one
permit shall be required.
Subd. 5. Fee.
The initial and renewal application for each permit shall be
accompanied by a nonrefundable fee under section
Subd. 6. Contract; validity.
Any contract entered into by a solicitor for a licensed
school shall be unenforceable in any action brought thereon if the solicitor
does not hold a valid permit as required by this section.
Sec. 27. Minnesota Statutes 2014, section 141.265, is amended to read:
48.7141.265 INFORMATION TO STUDENTS.
Subdivision 1. Catalog, brochure, or electronic display.
A private career
or its agent must provide the catalog, brochure, or electronic display required in
48.10141.25, subdivision 9
, to a prospective student in a time or manner that gives the
prospective student at least five days to read the catalog, brochure, or electronic
before signing a contract or enrollment agreement or before being accepted by a private
school that does not use a written contract or enrollment agreement.
Subd. 2. Contract information.
A contract or enrollment agreement used by a
school must include at least the following:
(1) the name and address of the private career
school, clearly stated;
(2) a clear and conspicuous disclosure that the agreement is a legally binding
instrument upon written acceptance of the student by the private career
canceled under section
(3) the private career
school's cancellation and refund policy that shall be clearly and
conspicuously entitled "Buyer's Right to Cancel";
(4) a clear statement of total cost of the program including tuition and all other
(5) the name and description of the program, including the number of hours or
credits of classroom instruction, or distance instruction, that shall be included;
(6) a clear and conspicuous explanation of the form and means of notice the student
should use in the event the student elects to cancel the contract or sale, the effective
date of cancellation, and the name and address of the seller to which the notice should
be sent or delivered.
The contract or enrollment agreement must not include a wage assignment provision
confession of judgment clause.
Subd. 3. Contract copies.
Immediately upon signing of the enrollment agreement
or the contract by a prospective student, the private career
school or agent shall furnish to
the prospective student an exact duplicate copy of the enrollment agreement or contract.
Sec. 28. Minnesota Statutes 2014, section 141.271, subdivision 1a, is amended to read:
Subd. 1a. Notice; right to refund.
Every private career
school shall notify each
student, in writing, of acceptance or rejection. In the event that the student is
the private career
school, all tuition, fees and other charges shall be refunded.
Sec. 29. Minnesota Statutes 2014, section 141.271, subdivision 1b, is amended to read:
Subd. 1b. Short-term programs.
Licensed private career
programs not exceeding 40 hours in length shall not be required to make a full refund
a program has commenced and shall be allowed to prorate any refund based on the actual
length of the program as stated in the private career
school catalog or advertisements and
the number of hours attended by the student.
Sec. 30. Minnesota Statutes 2014, section 141.271, subdivision 3, is amended to read:
Schools not using written contracts Notice; amount.
49.13 anything to the contrary,
A private career
that does not use a written contract or
49.14 enrollment agreement
shall refund all tuition, fees and other charges paid by a student
if the student gives written notice of cancellation within five business days after
on which the student is accepted by the private career
school regardless of whether the
program has started.
(b) When a student has been accepted by the private career
school and gives written
notice of cancellation following the fifth business day after the day of acceptance
school, but before the start of the program, in the case of resident private
schools, or before the first lesson has been serviced by the private career
the case of distance education schools, all tuition, fees and other charges, except
of the total cost of the program but not to exceed $50, shall be refunded to the student.
Sec. 31. Minnesota Statutes 2014, section 141.271, subdivision 5, is amended to read:
Distance education schools Proration.
When a student has been accepted
distance education private career
school and gives written notice of cancellation after
first lesson has been completed by the student and serviced by the school program of
49.28instruction has begun
, but before completion of 75 percent of the program, the amount
charged for tuition, fees and all other charges
for the completed lessons
shall be prorated
49.30based on the number of days in the term
as a portion of the total charges for tuition, fees
and all other charges. An additional 25 percent of the total cost of the program may
added but shall not exceed
. After completion of 75 percent of the program,
no refunds are required.
Sec. 32. Minnesota Statutes 2014, section 141.271, subdivision 7, is amended to read:
Subd. 7. Equipment and supplies.
The fair market retail price, if separately stated
in the catalog and contract or enrollment agreement, of equipment or supplies furnished
the student, which the student fails to return in condition suitable for resale, and
may reasonably be resold, within ten business days following cancellation may be retained
by the private career
school and may be deducted from the total cost for tuition, fees and
all other charges when computing refunds.
An overstatement of the fair market retail price of any equipment or supplies
furnished the student shall be considered inconsistent with this provision.
Sec. 33. Minnesota Statutes 2014, section 141.271, subdivision 8, is amended to read:
Subd. 8. Time of refund.
Each private career
school shall acknowledge in writing
any valid notice of cancellation within ten business days after the receipt of such
and within 30 business days shall refund to the student any amounts due and arrange
termination of the student's obligation to pay any sum in excess of that due under
cancellation and refund policy.
Sec. 34. Minnesota Statutes 2014, section 141.271, subdivision 9, is amended to read:
Subd. 9. Limitation.
A private career
school cannot make its refund policy
conditional upon compliance with the school's regulations or rules of conduct.
Sec. 35. Minnesota Statutes 2014, section 141.271, subdivision 10, is amended to read:
Subd. 10. Cancellation occurrence.
Written notice of cancellation shall take place
on the date the letter of cancellation is postmarked or, in the cases where the notice
carried, it shall occur on the date the notice is delivered to the private career
a student has not attended class for a period of 21 consecutive days without contacting
the private career
school to indicate an intent to continue in school or otherwise making
arrangements concerning the absence, the student is considered to have withdrawn from
school for all purposes as of the student's last documented date of attendance.
Sec. 36. Minnesota Statutes 2014, section 141.271, subdivision 12, is amended to read:
Subd. 12. Instrument not to be negotiated.
A private career
school shall not
negotiate any promissory instrument received as payment of tuition or other charge
to completion of 50 percent of the program, except that prior to that time, instruments
be transferred by assignment to purchasers who shall be subject to all defenses available
against the private career
school named as payee.
Sec. 37. Minnesota Statutes 2014, section 141.271, subdivision 13, is amended to read:
Subd. 13. Cancellation of enrollment.
If a student's enrollment in a private career
school is canceled for any reason, the private career
school shall notify any agency known
to the private career
school to be providing financial aid to the student of the cancellation
within 30 days.
Sec. 38. Minnesota Statutes 2014, section 141.271, subdivision 14, is amended to read:
Subd. 14. Closed private career school.
In the event a private career
for any reason during a term and interrupts and terminates classes during that term,
tuition for the term shall be refunded to the students or the appropriate state or
agency or private lender that provided any funding for the term and any outstanding
obligation of the student for the term is canceled.
Sec. 39. Minnesota Statutes 2014, section 141.28, is amended to read:
Subdivision 1. Disclosure required; advertisement restricted. Private career
schools, agents of private career
schools, and solicitors may not advertise or represent
in writing or orally that the private career
school is approved or accredited by the state
of Minnesota, except that any private career
school, agent, or solicitor may represent in
advertisements and shall disclose in catalogues, applications, and enrollment materials
that the private career
school is duly licensed by the state by prominently displaying
the following statement:
"(Name of private career
school) is licensed as a private career school with the Minnesota
Office of Higher Education pursuant to Minnesota Statutes, sections
Licensure is not an endorsement of the institution. Credits earned at the institution
not transfer to all other institutions."
Subd. 2. Unlawful designation.
No private career
school organized after November
15, 1969, shall apply to itself either as a part of its name or in any other manner
designation of "college" or "university." Operating private career
schools now using
such designation may continue use thereof.
Subd. 3. False statements.
A private career
school, agent, or solicitor shall not
make, or cause to be made, any statement or representation, oral, written or visual,
connection with the offering or publicizing of a program, if the private career
agent, or solicitor knows or reasonably should have known the statement or representation
to be false, fraudulent, deceptive, substantially inaccurate, or misleading.
Subd. 4. Acceptance of contracts.
No private career
school shall accept contracts,
enrollment agreements or enrollment applications from an agent or solicitor who does
not have a current permit.
Subd. 5. Improbable program completion or employment.
A private career
school, agent, or solicitor shall not enroll a prospective student when it is obvious
prospective student is unlikely to successfully complete a program or is unlikely
for employment in the vocation or field for which the preparation is designed unless
fact is affirmatively disclosed to the prospective student. If a prospective student
a desire to enroll after such disclosure, a disclaimer may be obtained by the private career
school. The disclaimer shall be signed by the student and shall state substantially
both of the following: "I am fully aware that it is unlikely I will be able to successfully
complete the program" and "I am fully aware of the improbability or impossibility
will qualify for employment in the vocation or field for which the program was designed."
Subd. 6. Financial aid payments.
(a) All private career
schools must collect,
assess, and distribute funds received from loans or other financial aid as provided
(b) Student loans or other financial aid funds received from federal, state, or local
governments or administered in accordance with federal student financial assistance
programs under title IV of the Higher Education Act of 1965, as amended, United States
Code, title 20, chapter 28, must be collected and applied as provided by applicable
state, or local law or regulation.
(c) Student loans or other financial aid assistance received from a bank, finance
credit card company, or other private lender must be collected or disbursed as provided
in paragraphs (d) and (e).
(d) Loans or other financial aid payments for amounts greater than $3,000 must
(1) in two equal disbursements, if the term length is more than four months. The
loan or payment amounts may be disbursed no earlier than the first day the student
class with the remainder to be disbursed halfway through the term; or
(2) in three equal disbursements, if the term length is more than six months. The
loan or payment amounts may be disbursed no earlier than the first day the student
class, one-third of the way through the term, and two-thirds of the way through the
(e) Loans or other financial aid payments for amounts less than $3,000 may be
disbursed as a single disbursement on the first day a student attends class, regardless
of term length.
(f) No private career
school may enter into a contract or agreement with, or receive
any money from, a bank, finance or credit card company, or other private lender, unless
the private lender follows the requirements for disbursements provided in paragraphs
(d) and (e).
53.5(g) No school may withhold an official transcript for arrears or default on any loan
53.6made by the school to a student if the loan qualifies as an institutional loan under
53.7States Code, title 11, section 523(a)(8)(b).
Sec. 40. Minnesota Statutes 2014, section 141.29, is amended to read:
53.9141.29 REVOCATION OF LICENSE OR PERMIT.
Subdivision 1. Grounds.
The office may, after notice and upon providing an
opportunity for a hearing, under chapter 14 if requested by the parties adversely
refuse to issue, refuse to renew, revoke, or suspend a license or solicitor's permit
of the following grounds:
(1) violation of any provisions of sections
or any rule adopted
by the office;
(2) furnishing to the office false, misleading, or incomplete information;
(3) presenting to prospective students information relating to the private career
school that is false, fraudulent, deceptive, substantially inaccurate, or misleading;
(4) refusal to allow reasonable inspection or supply reasonable information after
written request by the office;
(5) the existence of any circumstance that would be grounds for the refusal of an
initial or renewal license under section
Subd. 2. Appeal.
Any order refusing, revoking, or suspending a private career
school's license or a solicitor's permit is appealable in accordance with chapter
a private career
school has been operating and its license has been revoked, suspended, or
refused by the office, the order is not effective until the final determination of
unless immediate effect is ordered by the court.
Subd. 3. Powers and duties.
The office shall have (in addition to the powers and
duties now vested therein by law) the following powers and duties:
(a) To negotiate and enter into interstate reciprocity agreements with similar agencies
in other states, if in the judgment of the office such agreements are or will be helpful
effectuating the purposes of Laws 1973, chapter 714;
(b) To grant conditional private career
school license for periods of less than one
year if in the judgment of the office correctable deficiencies exist at the time of
and when refusal to issue private career
school license would adversely affect currently
(c) The office may upon its own motion, and shall upon the verified complaint
in writing of any person setting forth fact which, if proved, would constitute grounds
for refusal or revocation under Laws 1973, chapter 714, investigate the actions of
applicant or any person or persons holding or claiming to hold a license or permit.
However, before proceeding to a hearing on the question of whether a license or permit
shall be refused, revoked or suspended for any cause enumerated in subdivision 1,
office shall grant a reasonable time to the holder of or applicant for a license or
correct the situation. If within such time the situation is corrected and the private career
school is in compliance with the provisions of this chapter, no further action leading
refusal, revocation, or suspension shall be taken.
Sec. 41. Minnesota Statutes 2014, section 141.30, is amended to read:
(a) The office or a delegate may inspect the instructional books and records,
classrooms, dormitories, tools, equipment and classes of any private career
applicant for license at any reasonable time. The office may require the submission
certified public audit, or if there is no such audit available the office or a delegate
inspect the financial books and records of the private career
school. In no event shall such
financial information be used by the office to regulate or set the tuition or fees
the private career
(b) Data obtained from an inspection of the financial records of a private career
school or submitted to the office as part of a license application or renewal are
data as defined in section
13.02, subdivision 9
. Data obtained from inspections may be
disclosed to other members of the office, to law enforcement officials, or in connection
with a legal or administrative proceeding commenced to enforce a requirement of law.
Sec. 42. Minnesota Statutes 2014, section 141.32, is amended to read:
The commissioner may assess fines for violations of
a provision of this chapter
54.30sections 141.21 to 141.37
. Each day's failure to comply with
this chapter sections 141.21
shall be a separate violation and fines shall not exceed $500 per day per
violation. Amounts received under this section must be deposited in the special revenue
fund and are appropriated to the office
of Higher Education
for the purposes of
54.34 chapter sections 141.21 to 141.37
Sec. 43. Minnesota Statutes 2014, section 141.35, is amended to read:
shall not apply to the following:
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections
(3) private career
schools of nursing accredited by the state Board of Nursing or an
equivalent public board of another state or foreign country;
(4) private schools complying with the requirements of section
(5) courses taught to students in a valid apprenticeship program taught by or
required by a trade union;
(6) private career
schools exclusively engaged in training physically or mentally
disabled persons for the state of Minnesota;
(7) private career
schools licensed by boards authorized under Minnesota law to
issue licenses except private career
schools required to obtain a private career school
license due to the use of "academy," "institute," "college," or "university" in their
(8) private career
schools and educational programs, or training programs, contracted
for by persons, firms, corporations, government agencies, or associations, for the
of their own employees, for which no fee is charged the employee;
(9) private career
schools engaged exclusively in the teaching of purely avocational,
recreational, or remedial subjects as determined by the office except private career
required to obtain a private career school license due to the use of "academy," "institute,"
"college," or "university" in their names unless the school used "academy" or "institute"
its name prior to August 1, 2008;
(10) classes, courses, or programs conducted by a bona fide trade, professional, or
fraternal organization, solely for that organization's membership;
(11) programs in the fine arts provided by organizations exempt from taxation
and registered with the attorney general under chapter 309. For
the purposes of this clause, "fine arts" means activities resulting in artistic creation
artistic performance of works of the imagination which are engaged in for the primary
purpose of creative expression rather than commercial sale or employment. In making
this determination the office may seek the advice and recommendation of the Minnesota
Board of the Arts;
(12) classes, courses, or programs intended to fulfill the continuing education
requirements for licensure or certification in a profession, that have been approved
legislatively or judicially established board or agency responsible for regulating
of the profession, and that are offered exclusively to an individual practicing the
(13) classes, courses, or programs intended to prepare students to sit for
undergraduate, graduate, postgraduate, or occupational licensing and occupational
(14) classes, courses, or programs providing 16 or fewer clock hours of instruction
that are not part of the curriculum for an occupation or entry level employment except
schools required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in their names;
(15) classes, courses, or programs providing instruction in personal development,
modeling, or acting;
(16) training or instructional programs, in which one instructor teaches an individual
student, that are not part of the curriculum for an occupation or are not intended
a person for entry level employment;
(17) private career
schools with no physical presence in Minnesota, as determined
by the office, engaged exclusively in offering distance instruction that are located
regulated by other states or jurisdictions; and
(18) private career
schools providing exclusively training, instructional programs,
or courses where tuition, fees, and any other charges for a student to participate
Sec. 44. Minnesota Statutes 2014, section 197.75, subdivision 1, is amended to read:
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this
(b) "Commissioner" means the commissioner of veterans affairs.
(c) "Deceased veteran" means a veteran who has died as a result of the person's
military service, as determined by the United States Veterans Administration, and
was a resident of this state: (1) within six months of entering the United States
forces, or (2) for the six months preceding the veteran's date of death.
(d) "Eligible child" means a person who:
(1) is the natural or adopted child or stepchild of a deceased veteran; and
(2) is a student making satisfactory academic progress at an eligible institution
of higher education.
(e) "Eligible institution" means a postsecondary educational institution located in
this state that either
is operated by this state or the Board of Regents of the University
(2) is operated publicly or privately and, as determined by the office,
57.1 maintains academic standards substantially equivalent to those of comparable institutions
57.2 operated in this state is licensed or registered with the Office of Higher Education
(f) "Eligible spouse" means the surviving spouse of a deceased veteran.
(g) "Eligible veteran" means a veteran who:
(1) is a student making satisfactory academic progress at an eligible institution
of higher education;
(2) had Minnesota as the person's state of residence at the time of the person's
enlistment or any reenlistment into the United States armed forces, as shown by the
person's federal form DD-214 or other official documentation to the satisfaction of
(3) except for benefits under this section, has no remaining military or veteran-related
educational assistance benefits for which the person may have been entitled; and
(4) while using the educational assistance authorized in this section, remains a
resident student as defined in section
136A.101, subdivision 8
(h) "Satisfactory academic progress" has the meaning given in section
(i) "Student" has the meaning given in section
136A.101, subdivision 7
(j) "Veteran" has the meaning given in section
Sec. 45. Minnesota Statutes 2014, section 261.23, is amended to read:
57.20261.23 COSTS OF HOSPITALIZATION.
The costs of hospitalization of such indigent persons exclusive of medical and
surgical care and treatment shall not exceed in amount the full rates fixed and charged
by the Minnesota general hospital
under the provisions of sections
the hospitalization of such indigent patients. For indigent persons hospitalized pursuant
, the state shall pay 90 percent of the cost allowable under
the general assistance medical care program and ten percent of the allowable cost
hospitalization shall be paid by the county of the residence of the indigent persons
the times provided for in the contract; and in case of an injury or emergency requiring
immediate surgical or medical treatment, for a period not to exceed 72 hours, 90 percent
of the cost allowable under the general assistance medical care program shall be paid
the state and ten percent of the cost shall be paid by the county from which the patient,
indigent, is certified. State payments for services rendered pursuant to this section
be ratably reduced to the same extent and during the same time period as payments
reduced under section
256D.03, subdivision 4
, paragraph (c). If the county of residence
of the patient is not the county in which the patient has legal settlement for the
of poor relief, then the county of residence may seek reimbursement from the county
in which the patient has settlement for the purposes of poor relief for all costs
necessarily incurred and paid in connection with the hospitalization of said patient.
Sec. 46. REVISOR'S INSTRUCTION.
58.5(a) The revisor of statutes shall renumber the provisions of Minnesota Statutes
58.6listed in Column A to the references listed in Column B. The revisor shall also make
58.7necessary cross-reference, grammatical, or terminology changes in Minnesota Statutes
58.8Minnesota Rules consistent with the renumbering, including changing the word "school"
58.9to "private career school" wherever the word appears in sections 141.20 to 141.37.
58.26(b) The revisor of statutes shall make any necessary cross-reference change in
58.27Minnesota Statutes or Minnesota Rules resulting from repealers in this act.
Sec. 47. REPEALER.
58.29Minnesota Statutes 2014, sections 136A.127, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, 9b,
58.3010, 10a, 11, and 14; 136A.862; 141.271, subdivisions 4 and 6; 158.01; 158.02; 158.03;
58.31158.04; 158.05; 158.06; 158.07; 158.08; 158.09; 158.091; 158.10; 158.11; and 158.12, are
58.34HIGHER EDUCATION POLICY
Section 1. Minnesota Statutes 2014, section 5.41, subdivision 2, is amended to read:
Subd. 2. Report.
(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
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
program participation and that required hospitalization; and
59.8(3) country, primary program host, and program type for all incidents reported in
59.9clauses (1) and (2)
59.10For purposes of this paragraph, "primary program host" is the institution or
59.11organization responsible for or in control of the majority of decisions being made
59.12the program including, but not limited to, student housing, local transportation,
59.13emergency response and support.
Information reported under clause (1) may be supplemented by a brief explanatory
(b) A postsecondary institution must request, but not mandate, hospitalization and
59.17incident disclosure from students upon completion of the program.
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.
Sec. 2. Minnesota Statutes 2014, section 5.41, subdivision 3, is amended to read:
Subd. 3. Secretary of state; publication of program information.
(a) The secretary
of state must publish the reports required by subdivision 2 on its Web site in a format
facilitates identifying information related to a particular postsecondary institution.
(b) The secretary of state shall publish on its Web site
the best available information
59.26 by country links to the United States Department of State's Consular Information Program
59.27which informs the public of conditions abroad that may affect their safety and security.
59.28secretary of state shall also publish links to the publicly available reports
on sexual assaults
and other criminal acts affecting study abroad program participants during program
participation. This information shall not be limited to programs subject to this section.
Sec. 3. Minnesota Statutes 2014, section 124D.09, is amended by adding a subdivision
59.33 Subd. 10a. Concurrent enrollment participant survey. (a) Postsecondary
59.34institutions offering courses taught by the secondary teacher according to subdivision
60.110, and are members in the National Alliance of Concurrent Enrollment Partnerships
60.2(NACEP), must report all required NACEP evaluative survey results by September 1 of
60.3each year to the commissioners of the Office of Higher Education and the Department
60.4Education. The commissioners must report by December 1 of each year to the committees
60.5of the legislature having jurisdiction over early education through grade 12 education.
60.6(b) Postsecondary institutions that have not adopted and implemented the NACEP
60.7program standards and required evidence for accreditation, are required to conduct
60.8annual survey of concurrent enrolled students who successfully completed the course
60.9who are one year out of high school, beginning with the high school graduating class
60.10of 2016. By September 1 of each year, the postsecondary institutions must report the
60.11evaluative survey results to the commissioners of the Office of Higher Education and
60.12Department of Education. The commissioner must report by December 1 of each year to
60.13the committees of the legislature having jurisdiction over early education through
60.1412 education. The survey must include, at a minimum, the following student information:
60.15(1) the participant's future education plans, including the highest degree or
60.17(2) whether the participant is enrolled or plans to enroll in a Minnesota postsecondary
60.18institution, either public or private;
60.19(3) the number of credits accepted or denied by postsecondary institutions;
60.20(4) the college or university attended;
60.21(5) the participant's satisfaction level with the concurrent enrollment program;
60.22(6) the participant's demographics, such as gender, parent education level,
60.23qualification for free or reduced-price lunch in high school, Pell grant qualification
60.25(7) a place for participants to provide comments.
Sec. 4. Minnesota Statutes 2014, section 124D.09, is amended by adding a subdivision
60.28 Subd. 10b. Concurrent Enrollment Advisory Board; membership; duties. (a)
60.29A postsecondary institution offering courses taught by the secondary teacher according
60.30to subdivision 10, must establish an advisory board. The purpose of the advisory board
60.31is to engage stakeholders in concurrent enrollment decisions. The duties of the board
60.32must include the following:
60.33(1) providing strategic advice and input relating to concurrent enrollment issues;
60.34(2) recommend and review proposals for concurrent enrollment course offerings;
61.1(3) serve as a coordinating entity between secondary education and postsecondary
61.3(4) increase the understanding and collaboration among concurrent enrollment
61.4partners, stakeholders, the legislature, and the public.
61.5(b) The advisory board at each institution must consist of 16 members in addition
61.6a concurrent enrollment faculty coordinator who shall serve as the chair and convene
61.7meetings. A postsecondary institution may elect to have an advisory board of less
61.8members if the institution determines that the extent of its concurrent program warrants
61.9a smaller board. Except for the original members, advisory board members must serve
61.10three-year staggered terms. Advisory board members, appointed by the postsecondary
61.11institution, must be balanced based on geography, school size, and include, if practical,
61.12representatives from the following:
61.13(1) postsecondary faculty members;
61.14(2) school superintendents;
61.15(3) high school principals;
61.16(4) concurrent enrollment teachers;
61.17(5) high school counselors;
61.18(6) charter school administrators;
61.19(7) school board members;
61.20(8) secondary academic administrators;
61.21(9) parents; and
61.22(10) other local organizations.
61.23(c) Members of the board serve without compensation.
61.24(d) The board shall report to the postsecondary institution periodically as requested
61.25by the postsecondary institution to provide advice and proposals described in paragraph
61.26(e) The postsecondary institution shall provide administrative services and meeting
61.27space for the board to do its work.
61.28(f) A board established under this section expires when the postsecondary institution
61.29no longer offers concurrent enrollment course offerings.
61.30(g) The postsecondary institution shall appoint the first members to the advisory
61.31board by October 31, 2015, or by October 15 following the year it establishes a concurrent
61.32enrollment program. The postsecondary institution shall designate the terms of the
61.33members so that an approximately equal number serve terms of two, three, and four
Sec. 5. Minnesota Statutes 2014, section 124D.091, subdivision 1, is amended to read:
Subdivision 1. Accreditation.
To establish a uniform standard by which
concurrent enrollment courses and professional development activities may be measured,
are encouraged to apply for accreditation by must adopt and
the National Alliance of Concurrent Enrollment
62.5program standards and required evidence for accreditation by the 2020-2021 school
Sec. 6. [135A.012] HIGHER EDUCATION ATTAINMENT GOAL.
62.8 Subdivision 1. Purpose. This section sets a goal for postsecondary education
62.9attainment for Minnesota residents.
62.10 Subd. 2. Postsecondary credentials. The number of Minnesota residents ages 25
62.11to 44 years, who hold postsecondary degrees or certificates, should be increased to
62.12least 70 percent by 2025.
62.13 Subd. 3. Rights not created. The attainment goal in this section is not to the
62.14exclusion of any other goals and does not confer a right or create a claim for any
62.15 Subd. 4. Data development and analyses. The Office of Higher Education shall
62.16work with the state demographer's office to measure progress towards the attainment
62.17the goal specified in subdivision 2. The United States Census Bureau data shall be
62.18calculate the number of individuals in the state who hold a postsecondary degree.
62.19Office of Higher Education, demographer's office, and the Department of Employment
62.20and Economic Development shall develop a methodology to estimate the number of
62.21individuals that hold a certificate awarded by a postsecondary institution as their
62.22educational credential using data available at the time that the analysis is completed.
62.23 Subd. 5. Reporting. (a) Beginning in 2016 and every year thereafter, the Office of
62.24Higher Education, in collaboration with the state demographer's office, shall, by
62.2515, report to the chairs and ranking minority members of the legislative committees
62.26primary jurisdiction over higher education policy and finance on the progress towards
62.27meeting or exceeding the goal of this section.
62.28(b) Meeting and maintaining the goal of 70 percent of Minnesota residents ages 25
62.29to 44 years, holding a postsecondary degree or certificate will likely be difficult
62.30achieving attainment rates that are comparable across all race and ethnicity groups.
62.31Office of Higher Education shall utilize benchmarks of 30 percent or higher and 50
62.32or higher to report progress by race and ethnicity groups toward meeting the educational
62.33attainment rate goal of 70 percent.
Sec. 7. [136A.091] SUMMER ACADEMIC ENRICHMENT PROGRAM.
63.1 Subdivision 1. Establishment. The summer academic enrichment program is
63.2established to enable elementary and secondary students to attend academic summer
63.3programs sponsored by postsecondary institutions and nonprofit organizations.
63.4 Subd. 2. Eligibility. To be eligible for a program stipend, a student shall:
63.5(1) be a resident of Minnesota;
63.6(2) attend an eligible office-approved program;
63.7(3) be in grades 3 through 12, but not have completed high school;
63.8(4) meet income requirements for free or reduced-price school meals; and
63.9(5) be 19 years of age or younger.
63.10 Subd. 3. Financial need. Need for financial assistance is based on student
63.11eligibility for free or reduced-price school meals. Student eligibility shall be verified
63.12sponsors of approved academic programs. The office shall award stipends for students
63.13within the limits of available appropriations for this section. If the amount appropriated
63.14is insufficient, the office shall allocate the available appropriation in the manner
63.15determines. A stipend must not exceed $1,000 per student.
63.16 Subd. 4. Eligible program sponsors. (a) A program stipend may be used only at an
63.17eligible sponsor that is a postsecondary institution or nonprofit educational organization.
63.18A Minnesota public postsecondary institution is an eligible program sponsor. A private
63.19postsecondary institution is an eligible program sponsor if it:
63.20(1) is accredited by an agency recognized by the United States Department of
63.21Education for purposes of eligibility to participate in title IV federal financial
63.22(2) offers an associate or baccalaureate degree program approved under sections
63.23136A.61 to 136A.71; and
63.24(3) is located in Minnesota.
63.25(b) A nonprofit educational organization is an eligible program sponsor if it:
63.26(1) is incorporated;
63.27(2) has had favorable financial performance with federal or state funds; and
63.28(3) has not had significant audit findings.
63.29 Subd. 5. Eligible programs. A program stipend may be used only for an eligible
63.30program. To be eligible, a program must:
63.31(1) provide, as its primary purpose, academic instruction for student enrichment in
63.32core curricular areas of English and language arts, humanities, social studies, science,
63.33mathematics, fine arts, performing arts, and world languages and culture;
63.34(2) not be offered for credit to postsecondary students;
63.35(3) not provide remedial instruction;
63.36(4) meet any other program requirements established by the office; and
64.1(5) be approved by the commissioner.
64.2 Subd. 6. Information. The office shall assemble and distribute information about
64.3eligible student participants, program stipends, and eligible programs.
64.4 Subd. 7. Administration. The office shall determine the time and manner of
64.5program applications, program approval, stipend applications, and final awards.
64.6 Subd. 8. Program evaluation. Each program sponsor must annually submit a
64.7report to the office stating its program goals, activities, and stipend recipient
64.9 Subd. 9. Report. Annually, the office shall submit a report to the legislative
64.10committees with jurisdiction over higher education finance regarding the program
64.11providers, stipend recipients, and program activities. The report shall include information
64.12about the students served, the organizations providing services, program goals and
64.13outcomes, and student outcomes.
64.14EFFECTIVE DATE.Subdivision 9 is effective January 1, 2016.
Sec. 8. Minnesota Statutes 2014, section 136A.101, subdivision 8, is amended to read:
Subd. 8. Resident student.
"Resident student" means a student who meets one of
the following conditions:
(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
and the student is physically attending a Minnesota postsecondary educational institution;
(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota;
(5) a member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in section
, subdivision 5c;
(6) a spouse or dependent of a veteran, as defined in section
, if the veteran
is a Minnesota resident;
(7) a person or spouse of a person who relocated to Minnesota from an area that
is declared a presidential disaster area within the preceding 12 months if the disaster
interrupted the person's postsecondary education;
(8) a person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota;
(9) a student eligible for resident tuition under section
65.5 (10) an active member, or a spouse or dependent of that member, of the state's
65.6National Guard who resides in Minnesota or an active member, or a spouse or dependent
65.7of that member, of the reserve component of the United States armed forces whose duty
65.8station is located in Minnesota and who resides in Minnesota.
Sec. 9. Minnesota Statutes 2014, section 136A.121, subdivision 20, is amended to read:
Subd. 20. Institution reporting.
(a) Each institution receiving financial aid under
this section must annually report
by December 31
to the office the following for
65.12 undergraduate programs each award level
and graduation data for all students, including
information on state and federal Pell grant recipients; and
the job placement rate and salary and wage information for graduates of each
65.16 program that is either designed or advertised to lead to a particular type of job
65.17 or promoted with a claim regarding job placement, as is practicable; and
student debt-to-earnings ratio aggregate awarded financial aid information for
65.19all students, and cumulative debt
graduates by race and ethnicity, gender, and income
(b) Using the data submitted to the office by institutions pursuant to paragraph (a),
65.21as well as other data available to the office,
the office shall provide the following on its
Internet Web site by placing a prominent link on its Web site home page
submitted by an institution pursuant including, but not limited to,
65.24persistence and completion, debt of graduates, employment and wage information, and
65.25other relevant data for each institution subject
to paragraph (a), which shall be made
available in a searchable database; and
(2) other information and links that are useful to students and parents who are in
the process of selecting a college or university. This information may include, but
not limited to, local occupational profiles.
(c) The office shall provide a standard format and instructions for institutions
supplying the information required under paragraph (a).
65.32(d) The office shall provide an electronic copy of the information provided on its
65.33Internet Web site under paragraph (b) to each public and private high school in the
65.34and each workforce center operated by the Department of Employment and Economic
65.35Development. The copy must contain information formatted by institution so that
66.1comparison can be easily made between institutions. High schools are encouraged to
66.2the information available to students, including through individual counseling sessions
66.3with students. Workforce centers shall make the information available to job seekers,
66.4those seeking career counseling, and others as determined by the centers.
Sec. 10. [136A.1791] TEACHER SHORTAGE LOAN FORGIVENESS
66.7 Subdivision 1. Definitions. (a) The terms used in this section have the meanings
66.8given them in this subdivision.
66.9(b) "Qualified educational loan" means a government, commercial, or foundation
66.10loan for actual costs paid for tuition and reasonable educational and living expenses
66.11related to a teacher's preparation or further education.
66.12(c) "School district" means an independent school district, special school district,
66.13intermediate district, education district, special education cooperative, service
66.14a cooperative center for vocational education, or a charter school located in Minnesota.
66.15(d) "Teacher" means an individual holding a teaching license issued by the licensing
66.16division in the Department of Education on behalf of the Board of Teaching who is
66.17employed by a school district to provide classroom instruction in a teacher shortage
66.18(e) "Teacher shortage area" means the licensure fields and economic development
66.19regions reported by the commissioner of education as experiencing a teacher shortage.
66.20(f) "Commissioner" means the commissioner of the Office of Higher Education
66.21unless indicated otherwise.
66.22 Subd. 2. Program established; administration. The commissioner shall establish
66.23and administer a teacher shortage loan forgiveness program. A teacher is eligible
66.24program if the teacher is teaching in a licensure field and in an economic development
66.25region with an identified teacher shortage under subdivision 3 and complies with the
66.26requirements of this section.
66.27 Subd. 3. Use of report on teacher shortage areas. The commissioner of education
66.28shall use the teacher supply and demand report to the legislature to identify the
66.29fields and economic development regions in Minnesota experiencing a teacher shortage.
66.30 Subd. 4. Application for loan forgiveness. Each applicant for loan forgiveness,
66.31according to rules adopted by the commissioner, shall:
66.32(1) apply for teacher shortage loan forgiveness and promptly submit any additional
66.33information required by the commissioner;
67.1(2) annually reapply for up to five consecutive school years and submit information
67.2the commissioner requires to determine the applicant's continued eligibility for loan
67.4(3) submit to the commissioner a completed affidavit, prescribed by the
67.5commissioner, affirming the teacher is teaching in a licensure field and in an economic
67.6development region identified by the commissioner as experiencing a teacher shortage.
67.7 Subd. 5. Amount of loan forgiveness. (a) To the extent funding is available, the
67.8annual amount of teacher shortage loan forgiveness for an approved applicant shall
67.9exceed $1,000 or the cumulative balance of the applicant's qualified educational loans,
67.10including principal and interest, whichever amount is less.
67.11(b) Recipients must secure their own qualified educational loans. Teachers who
67.12graduate from an approved teacher preparation program or teachers who add a licensure
67.13field, consistent with the teacher shortage requirements of this section, are eligible
67.14apply for the loan forgiveness program.
67.15 Subd. 6. Disbursement. (a) The commissioner must make annual disbursements
67.16directly to the participant of the amount for which a participant is eligible, for
67.17that a participant is eligible.
67.18(b) Within 60 days of receipt of a disbursement, the participant must provide the
67.19commissioner with verification that the full amount of loan repayment disbursement
67.20been applied toward the designated loans. A participant that previously received funds
67.21under this section but has not provided the commissioner with such verification is
67.22eligible to receive additional funds.
67.23 Subd. 7. Penalties. (a) A teacher who submits a false or misleading application or
67.24other false or misleading information to the commissioner may:
67.25(1) have his or her teaching license suspended or revoked under section 122A.20;
67.26(2) be disciplined by the teacher's employing school district; or
67.27(3) be required by the commissioner to repay the total amount of the loan forgiveness
67.28he or she received under this program, plus interest at a rate established under section
67.30(b) The commissioner must deposit any repayments received under paragraph (a)
67.31in the fund established in subdivision 8.
67.32 Subd. 8. Fund established. A teacher shortage loan forgiveness repayment fund
67.33is created for depositing money appropriated to or received by the commissioner for
67.34program. Money deposited in the fund shall not revert to any state fund at the end
67.35any fiscal year but remains in the loan forgiveness repayment fund and is continuously
67.36available for loan forgiveness under this section.
68.1 Subd. 9. Annual reporting. By February 1 of each year, the commissioner must
68.2report to the chairs of the K-12 and higher education committees of the legislature
68.3number of individuals who received loan forgiveness under this section, the licensure
68.4areas and economic development regions in which the teachers taught, the average amount
68.5paid to a teacher participating in the program, and other summary data identified
68.6commissioner as outcome indicators.
68.7 Subd. 10. Rulemaking. The commissioner shall adopt rules under chapter 14 to
68.8administer this section.
Sec. 11. [136A.246] DUAL TRAINING COMPETENCY GRANTS.
68.10 Subdivision 1. Program created. The commissioner shall make grants for the
68.11training of employees to achieve the competency standard for an occupation identified
68.12the commissioner of labor and industry under section 175.45 and Laws 2014, chapter
68.13article 3, section 21. "Competency standard" has the meaning given in section 175.45,
68.15 Subd. 2. Eligible grantees. An employer or an organization representing the
68.16employer is eligible to apply for a grant to train employees if the employer has an
68.17employee who is in or is to be trained to be in an occupation for which a competency
68.18standard has been identified and the employee has not attained the competency standard
68.19prior to the commencement of the planned training. Training need not address all aspects
68.20of a competency standard but may address only the competencies of a standard that
68.21employee is lacking. Employees who have previously received a grant under this program
68.22are not eligible to receive another grant.
68.23 Subd. 3. Training institution or program. Prior to applying for a grant, the
68.24employer must have an agreement with a training institution or program to provide
68.25employee competency standard training. The training may be provided by any institution
68.26or program having trainers qualified to instruct on the competency standard.
68.27 Subd. 4. Application. Applications must be made to the commissioner on a form
68.28provided by the commissioner. The commissioner must, to the extent possible, make
68.29the application form as short and simple to complete as is reasonably possible. The
68.30commissioner shall establish a schedule for applications and grants. The application
68.31must include, without limitation:
68.32(1) the projected number of employee trainees;
68.33(2) the competency standard for which training will be provided;
68.34(3) any credential the employee will receive upon completion of training;
69.1(4) the name and address of the training institution or program and a signed
69.2statement by the institution or program that it is able and agrees to provide the
69.3(5) the period of the training; and
69.4(6) the cost of the training charged by the training institution or program and certified
69.5by the institution or program.
69.6An application may be made for training of employees of multiple employers either
69.7by the employers or by an organization on their behalf.
69.8 Subd. 5. Grant criteria. The commissioner shall, to the extent there are sufficient
69.9applications, make at least an equal dollar amount of grants for training for employees
69.10whose work site is projected to be outside the metropolitan area as defined in section
69.11473.121, subdivision 2, as for employees whose work site is projected to be within
69.12metropolitan area. In determining the award of grants, the commissioner must consider,
69.13among other factors:
69.14(1) the aggregate state and regional need for employees with the competency to
69.16(2) the competency standards developed by the commissioner of labor and industry
69.17as part of the Minnesota PIPELINE Project;
69.18(3) the per employee cost of training;
69.19(4) the additional employment opportunities for employees because of the training;
69.20(5) projected increases in compensation for employees receiving the training; and
69.21(6) the amount of employer training cost match, if required, on both a per employee
69.22and aggregate basis.
69.23 Subd. 6. Employer match. A large employer must pay for at least 25 percent of
69.24the training institution's or program's charge for the training to the training institution
69.25program. For the purpose of this subdivision, a "large employer" means a business
69.26more than $25,000,000 in annual revenue in the previous calendar year.
69.27 Subd. 7. Payment of grant. The commissioner shall make grant payments to the
69.28training institution or program in a manner determined by the commissioner after receiving
69.29notice from the institution or program that the employer has paid the employer match.
69.30 Subd. 8. Grant amounts. The maximum grant for an application is $150,000. The
69.31maximum cost of training payable by the grant may not exceed $6,000 per employee.
69.32A grant for a particular employee must be reduced by the amounts of any federal
69.33Pell grant received, or state grant the employee is eligible to receive for the training
69.34employee must apply for those grants as a condition of payment for training that employee
69.35under this section.
70.1 Subd. 9. Reporting. Commencing in 2017, the commissioner shall annually by
70.2February 1 report on the activity of the grant program for the preceding fiscal year
70.3chairs of the legislative committees with jurisdiction over workforce policy and finance.
70.4At a minimum, the report must include:
70.5(1) research and analysis on the costs and benefits of the grants for employees and
70.7(2) the number of employees who commenced training and the number who
70.8completed training; and
70.9(3) recommendations, if any, for changes to the program.
Sec. 12. Minnesota Statutes 2014, section 136A.861, subdivision 1, is amended to read:
Subdivision 1. Grants.
(a) The commissioner shall award grants to foster
postsecondary attendance and retention by providing outreach services to historically
underserved students in grades six through 12 and historically underrepresented college
students. Grants must be awarded to programs that provide precollege services, including,
but not limited to:
(1) academic counseling;
(3) fostering and improving parental involvement in planning for and facilitating
(4) services for students with English as a second language;
(5) academic enrichment activities;
(7) career awareness and exploration;
(8) orientation to college life;
(9) assistance with high school course selection and information about college
admission requirements; and
(10) financial aid counseling.
70.28(b) To the extent there are sufficient applications, the commissioner shall award
70.29an approximate equal amount of grants for program-eligible students who are from
70.30communities located outside the metropolitan area, as defined in section 473.121,
70.31subdivision 2, as for students from communities within the metropolitan area. If necessary
70.32to achieve the approximately equal metropolitan area and nonmetropolitan area allocation,
70.33the commissioner may award a preference to a nonmetropolitan area application in the
70.34form of five points on a one hundred point application review scale.
Grants shall be awarded to postsecondary institutions, professional
organizations, community-based organizations, or others deemed appropriate by the
Grants shall be awarded for one year and may be renewed for a second year
with documentation to the office of successful program outcomes.
Sec. 13. [136A.901] SPINAL CORD INJURY AND TRAUMATIC BRAIN
71.7INJURY RESEARCH GRANT PROGRAM.
71.8 Subdivision 1. Grant program. The commissioner shall establish a grant program
71.9to award grants to institutions in Minnesota for research into spinal cord injuries
71.10traumatic brain injuries. Grants shall be awarded to conduct research into new and
71.11innovative treatments and rehabilitative efforts for the functional improvement of
71.12with spinal cord and traumatic brain injuries. Research topics may include, but are
71.13limited to, pharmaceutical, medical device, brain stimulus, and rehabilitative approaches
71.14and techniques. The commissioner, in consultation with the advisory council established
71.15under section 136A.902, shall award 50 percent of the grant funds for research involving
71.16spinal cord injuries and 50 percent to research involving traumatic brain injuries.
71.17addition to the amounts appropriated by law, the commissioner may accept additional
71.18funds from private and public sources. Amounts received from these sources are
71.19appropriated to the commissioner for the purposes of issuing grants under this section.
71.20 Subd. 2. Report. By January 15, 2016, and each January 15 thereafter, the
71.21commissioner shall submit a report to the chairs and ranking minority members of the
71.22senate and house of representatives committees having jurisdiction over the Office
71.23Higher Education, specifying the institutions receiving grants under this section
71.24purposes for which the grant funds were used.
Sec. 14. [136A.902] SPINAL CORD AND TRAUMATIC BRAIN INJURY
71.27 Subdivision 1. Membership. The commissioner shall appoint a 12-member
71.28advisory council consisting of:
71.29(1) one member representing the University of Minnesota Medical School;
71.30(2) one member representing the Mayo Medical School;
71.31(3) one member representing the Courage Kenny Rehabilitation Center;
71.32(4) one member representing Hennepin County Medical Center;
71.33(5) one member who is a neurosurgeon;
71.34(6) one member who has a spinal cord injury;
72.1(7) one member who is a family member of a person with a spinal cord injury;
72.2(8) one member who has a traumatic brain injury;
72.3(9) one member who is a veteran who has a spinal cord injury or a traumatic brain
72.5(10) one member who is a family member of a person with a traumatic brain injury;
72.6(11) one member who is a physician specializing in the treatment of spinal cord
72.7injury representing Gillette Children's Specialty Healthcare; and
72.8(12) one member who is a physician specializing in the treatment of traumatic
72.10 Subd. 2. Organization. The advisory council shall be organized and administered
72.11under section 15.059, except that subdivision 2 shall not apply. Except as provided
72.12subdivision 4, the commissioner shall appoint council members to two-year terms and
72.13appoint one member as chair. The advisory council does not expire.
72.14 Subd. 3. First appointments and first meeting. The commissioner shall appoint
72.15the first members of the council by September 1, 2015. The chair shall convene the
72.16meeting by November 1, 2015.
72.17 Subd. 4. Terms of initial council members. The commissioner shall designate six
72.18of the initial council members to serve one-year terms and six to serve two-year terms.
72.19 Subd. 5. Conflict of interest. Council members must disclose in a written statement
72.20any financial interest in any organization that the council recommends to receive
72.21The written statement must accompany the grant recommendations and must explain the
72.22nature of the conflict. The council is not subject to policies developed by the commissioner
72.23of administration under section 16B.98.
72.24 Subd. 6. Duties. The advisory council shall:
72.25(1) develop criteria for evaluating and awarding the research grants under section
72.27(2) review research proposals and make recommendations by January 15 of each
72.28year to the commissioner for purposes of awarding grants under section 136A.901; and
72.29(3) perform other duties as authorized by the commissioner.
Sec. 15. [136F.302] REGULATING THE ASSIGNMENT OF STUDENTS TO
72.32 Subdivision 1. ACT college ready score. A state college or university may not
72.33require an individual to take a remedial, noncredit course in a subject area if the
72.34has received a college ready ACT score in that subject area.
73.1 Subd. 2. Testing process for determining if remediating is necessary. A college
73.2or university testing process used to determine whether an individual is placed in
73.3remedial, noncredit course must comply with this subdivision. Prior to taking a test,
73.4individual must be given reasonable time and opportunity to review materials provided
73.5the college or university covering the material to be tested which must include a
73.6test. An individual who is required to take a remedial, noncredit course as a result
73.7test given by a college or university must be given an opportunity to retake the test
73.8earliest time determined by the individual when testing is otherwise offered. The
73.9or university must provide an individual with study materials for the purpose of retaking
73.10and passing the test.
Sec. 16. [136F.303] DEGREE AND CERTIFICATE COMPLETION; REPORT.
73.12Beginning in 2018, the board shall annually by January 15, report to the chairs
73.13and ranking minority members of the legislature with primary jurisdiction over higher
73.14education finance on its activities and achievements related to the goal of improving
73.15timely completion of degrees and certificates. The report must, at a minimum, include
73.16for the previous academic year:
73.17(1) the percent of students placed in remedial education;
73.18(2) the percent of students who complete remediation within one academic year;
73.19(3) the percent of students that complete college-level gateway courses in one
73.21(4) the percent of students who complete 30 semester credits per academic year;
73.22(5) the student retention rate;
73.23(6) time to complete a degree or certificate; and
73.24(7) credits earned by those completing a degree or certificate or other program.
73.25The report must disaggregate data for each college and university by race, ethnicity,
73.26Grant eligibility, and age and provide aggregate data.
Sec. 17. Minnesota Statutes 2014, section 137.54, is amended to read:
73.28137.54 CONDITIONS FOR PAYMENT TO UNIVERSITY.
(a) Before the commissioner may make the first payment to the board authorized in
this section, the commissioner must certify that the board has received at least $110,750,000
in pledges, gifts, sponsorships, and other nonstate general fund revenue support for
construction of the stadium. On July 1 of each year after certification by the commissioner,
but no earlier than July 1, 2007, and for so long thereafter as any bonds issued by
for the construction of the stadium are outstanding, the state must transfer to the
to $10,250,000 to reimburse the board for its stadium costs, provided that bonds issued
to pay the state's share of such costs shall not exceed $137,250,000. Up to $10,250,000
is appropriated annually from the general fund for the purpose of this section. The
appropriation of up to $10,250,000 per year may be made for no more than 25 years.
board must certify to the commissioner the amount of the annual payments of principal
interest required to service each series of bonds issued by the university for the
of the stadium, and the actual amount of the state's annual payment to the university
equal the amount required to service the bonds representing the state's share of such
Except to the extent of the annual appropriation described in this section, the state
required to pay any part of the cost of designing or constructing the stadium.
(b) The board may refund the bonds issued pursuant to paragraph (a) if refunding
74.12is determined by the board to be in the best interest of the university. Notwithstanding
74.13paragraph (a), the principal amount of bonds issued in a refunding shall not exceed
74.14the lesser of $104,385,000 or the amount necessary to defease the bonds outstanding
74.15immediately prior to refunding. The amount of the state's annual payment to the
74.16university for the refunded bonds shall be equal to the maximum annual appropriation
74.17$10,250,000, notwithstanding the amount certified under paragraph (a).
74.18(c) The board shall allocate sufficient funds, including any interest expense, from
74.19the savings realized through refunding of the bonds pursuant to paragraph (b), to
74.20$10,000,000 for predesign and design of improved health education and clinical research
74.21facilities to meet the needs of the Medical School and Academic Health Center on the
74.22Twin Cities campus. The facilities shall be designed to support education and research
74.23that promote new innovative models of care which are patient-centered, team-based,
74.24facilitate collaboration across the health professions. The education and research
74.25will be collocated and designed to maximize collaboration and high-quality delivery
74.26health care. The board may in its discretion, after the $10,000,000 allocation required
74.27this paragraph, allocate to other university purposes payments from the state that
74.28the amount necessary to service the refunded bonds, except for savings in 2029, 2030,
74.292031, which shall cancel to the general fund.
The board must certify to the commissioner that the per-semester student fee
contribution to the stadium will be at a fixed level coterminous with bonds issued
board to meet the student share of the design construction of the stadium and that
student fee will not be increased to meet construction cost overruns.
Before the first payment is made under paragraph (a), the board must certify
to the commissioner that a provision for affordable access for university students
university sporting events held at the football stadium has been made.
Sec. 18. [175.45] COMPETENCY STANDARDS FOR DUAL TRAINING.
75.2 Subdivision 1. Duties; goal. The commissioner of labor and industry shall identify
75.3competency standards for dual training. The goal of dual training is to provide current
75.4employees of an employer with training to acquire competencies that the employer
75.5requires. The standards shall be identified for employment in occupations in advanced
75.6manufacturing, health care services, information technology, and agriculture. Competency
75.7standards are not rules and are exempt from the rulemaking provisions of chapter 14,
75.8the provisions in section 14.386 concerning exempt rules do not apply.
75.9 Subd. 2. Definition; competency standards. For purposes of this section,
75.10"competency standards" means the specific knowledge and skills necessary for a particular
75.12 Subd. 3. Competency standards identification process. In identifying competency
75.13standards, the commissioner shall consult with the commissioner of the Office of Higher
75.14Education and the commissioner of employment and economic development and convene
75.15recognized industry experts, representative employers, higher education institutions,
75.16representatives of the disabled community, and representatives of labor to assist
75.17identifying credible competency standards. Competency standards must be consistent
75.18with, to the extent available and practical, recognized international and national
75.19 Subd. 4. Duties. The commissioner shall:
75.20(1) identify competency standards for entry level and higher skill levels;
75.21(2) verify the competency standards and skill levels and their transferability by
75.22subject matter expert representatives of each respective industry;
75.23(3) develop models for Minnesota educational institutions to engage in providing
75.24education and training to meet the competency standards established;
75.25(4) encourage participation by employers and labor in the standard identification
75.26process for occupations in their industry; and
75.27(5) align dual training competency standards with other workforce initiatives.
75.28 Subd. 5. Notification. The commissioner must communicate identified competency
75.29standards to the commissioner of the Office of Higher Education for the purpose of
75.30dual training competency grant program under section 136A.246. The commissioner of
75.31labor and industry shall maintain the competency standards on the department's Web
Sec. 19. Laws 2014, chapter 312, article 13, section 47, is amended to read:
Sec. 47. RESEARCH DOGS AND CATS.
(a) A higher education research facility that receives public money or a facility
provides research in collaboration with a higher education facility that confines
cats for science, education, or research purposes and plans on euthanizing a dog or
for other than science, education, or research purposes must first offer the dog or
to an animal rescue organization. A facility that is required to offer dogs or cats
animal rescue organization under this section may enter into an agreement with the
rescue organization to protect the facility. A facility that provides a dog or cat
to a rescue
organization under this section is immune from any civil liability that otherwise
result from its actions, provided that the facility is acting in good faith.
(b) For the purposes of this section, "animal rescue organization" means any
nonprofit organization incorporated for the purpose of rescuing animals in need and
finding permanent, adoptive homes for the animals.
(c) This section expires July 1, 2015.
Sec. 20. MNSCU COLLEGE OCCUPATIONAL SCHOLARSHIP PILOT
76.14 Subdivision 1. Pilot program administration. The commissioner of the Office
76.15of Higher Education shall administer a pilot program pursuant to this section for
76.162016-2017 and 2017-2018 academic years including summer session.
76.17 Subd. 2. Definitions. (a) For the purpose of this section the terms defined in this
76.18subdivision have the meanings given them.
76.19(b) "College" means a two-year college in the Minnesota State Colleges and
76.21(c) "Eligible individual" means an individual who:
76.22(1) is a resident;
76.23(2) has graduated from a Minnesota secondary school, has as a Minnesota resident
76.24completed an adult basic education (ABE) program, or as a Minnesota resident, has
76.25general education development (GED) testing;
76.26(3) first applies for a grant for the fall term immediately following secondary school
76.27graduation, passing GED tests, or completing an ABE program; and
76.28(4) has completed a Free Application for Federal Student Aid (FAFSA).
76.29(d) "Grant" means a scholarship granted under this section.
76.30(e) "Program" means a certificate, diploma, or associate of science or associate of
76.31applied science in a program area covered by the federal Carl D. Perkins Career and
76.32Technical Education Act and in an occupational field designated as high demand by
76.33Department of Employment and Economic Development. "Program area" includes only
76.34the areas of:
76.35(1) agriculture, food, and natural resources;
77.1(2) business management and administration;
77.2(3) human services;
77.3(4) engineering, manufacturing and technology;
77.4(5) arts, communications, and information systems; and
77.5(6) health science technology.
77.6(f) To the extent not inconsistent with this section, the definitions in section
77.7136A.101 apply to this section.
77.8 Subd. 3. AmeriCorps worker; exceptions. (a) Notwithstanding any contrary
77.9provision of this section, an eligible individual who completes a 12-month or 24-month
77.10approved AmeriCorps program commencing immediately after secondary school
77.11graduation, may apply for a grant for the fall term immediately following completion
77.12the AmeriCorps program. These individuals have a two consecutive academic year grant
77.13eligibility period commencing the start of that fall term.
77.14(b) For the purpose of this subdivision, an "approved AmeriCorps program" means a
77.15program overseen by the Corporation for National and Community Service (CNCS)
77.17(1) AmeriCorps Volunteer in Service to America (VISTA);
77.18(2) AmeriCorps National Civilian Community Corps (NCCC); or
77.19(3) AmeriCorps State and National.
77.20 Subd. 4. Grants. The commissioner shall, to the extent of available funds and
77.21subject to this section, make grants to eligible individuals to attend a program at
77.22 Subd. 5. Application. Application for a grant shall be made by a FAFSA and on any
77.23additional form required by the commissioner and on a schedule set by the commissioner.
77.24 Subd. 6. Income limits for grant recipients. Dependent students reporting a
77.25parental federal adjusted gross income on a FAFSA of $90,000 or less are eligible
77.26a grant. Independent students reporting a family adjusted gross income on a FAFSA
77.27of $90,000 or less are eligible for a grant.
77.28 Subd. 7. Grant amount. The amount of a grant is equal to program tuition and fees
77.29minus any federal Pell grant received or state grant for which the individual is eligible.
77.30For the purpose of this subdivision, "fees" has the meaning given it in Minnesota
77.31section 136A.121, subdivision 6.
77.32 Subd. 8. Eligibility period. A grant may be made only for academic terms that are
77.33during the two academic years commencing the fall term immediately after secondary
77.34school graduation, completing an adult basic education program, or passing all GED
77.35A grant is available for up to 72 semester credits.
78.1 Subd. 9. Satisfactory academic progress. An individual is eligible for a grant
78.2if the individual is making satisfactory academic progress as defined under Minnesota
78.3Statutes, section 136A.101, subdivision 10, and has a cumulative grade point average
78.4at least 2.5 on a 4.0 scale at the end of the first academic year and at the end of
78.5academic term after the first academic year.
78.6 Subd. 10. Credit load. A grantee must have accumulated at least 30 program
78.7credits by the end of the first academic year including summer term. A college must
78.8certify that a grantee is carrying sufficient credits in the second grant year to
78.9the program at the end of the second year, including summer school. The commissioner
78.10shall set the terms and provide the form for certification.
78.11 Subd. 11. Grant renewal. A grant may be renewed for a second academic year.
78.12Application for renewal must be on a form provided by the commissioner and on a
78.13schedule set by the commissioner.
78.14 Subd. 12. Mentoring. A grantee must be provided mentoring. Mentoring must
78.15include, but is not limited to:
78.16(1) communicating frequently and consistently throughout program participation;
78.17(2) developing a personalized student success plan. The plan must include concrete
78.18steps towards program completion and job placement and identify and make contingency
78.19plans for potential obstacles to program completion;
78.20(3) connect grantees to on-campus resources and personal development
78.22(4) financial planning.
78.23The commissioner shall issue request for proposals to provide mentoring activities.
78.24The commissioner shall select the proposal that in the commissioner's judgment
78.25demonstrates the best potential within available funding for achieving success in
78.26students to complete programs. The commissioner may accept and select proposals
78.27made by colleges.
78.28 Subd. 13. Outreach. The commissioner may through the office and by contract
78.29engage in recruitment for and promotion of the grants.
78.30 Subd. 14. Insufficient appropriation. Grant awards shall be made based on the
78.31date of receipt of application from the earliest to the latest date. If there are
78.32funds, grants shall not be prorated and eligible individuals shall be placed on a
78.33list. Preference shall be given to timely received renewal grant applications prior
78.34award of new grants.
78.35 Subd. 15. Reporting. (a) A college must report to the commissioner the following
79.1(1) the number of grantees and their race, gender, and ethnicity;
79.2(2) grantee persistence and completion;
79.3(3) employment outcomes; and
79.4(4) other information requested by the commissioner.
79.5(b) The commissioner shall report annually by January 15, to the chairs and ranking
79.6minority members of the legislative committees with jurisdiction over higher education
79.7finance by college and in aggregate on the information submitted to the commissioner
79.8under paragraph (a). The commissioner may include in the report recommendations
79.9for changes in the grant program.
79.10EFFECTIVE DATE.This section is effective July 1, 2016.
Sec. 21. BACCALAUREATE DEGREE PATHWAYS.
79.12 Subdivision 1. Regulate MnSCU baccalaureate transfers. The Board of Trustees
79.13of the Minnesota State Colleges and Universities shall implement new transfer pathways
79.14for associate of arts degrees, associate of science degrees, and associate of fine
79.15toward baccalaureate degree programs. The implementation must, to the greatest extent
79.16possible, be done in accordance with the implementation plan, including its timeline,
79.17developed pursuant to Laws 2014, chapter 312, article 1, section 12.
79.18 Subd. 2. New or enhanced bachelor of applied science degrees. The board, in
79.19consultation with system constituency groups, is encouraged to create a plan to enhance
79.20develop new bachelor of applied science degree programs in areas of high employment
79.21need in the state to facilitate transfer pathways for students with associate of applied
79.23 Subd. 3. Report. By March 15, 2016, the board must report to the chairs and
79.24ranking minority members of the legislative committees with jurisdiction over higher
79.25education on the status of implementation of transfer pathways under subdivision 1
79.26any deviations from the implementation plan.
Sec. 22. COLLEGE COMPLETION; MNSCU.
79.28(a) The Board of Trustees of the Minnesota State Colleges and Universities shall
79.29develop a comprehensive plan to encourage students to complete degrees, diplomas,
79.30certificates in their fields of study. The board must consult with students, faculty,
79.31administrators of the state colleges and universities and the Office of Higher Education
80.1create a plan that would increase program completion at each state college or university.
80.2Components of this plan may include, but are not limited to:
80.3(1) replacing developmental or remedial courses, when appropriate, with corequisite
80.4courses in which students with academic deficiencies are placed into introductory
80.5credit-bearing coursework while receiving supplemental academic instruction on the
80.6same subject and during the same term;
80.7(2) expanding intrusive advising, including the use of early alert systems or requiring
80.8the approval of an advisor or counselor to register for certain classes;
80.9(3) developing meta-majors in broad academic disciplines as an alternative to
80.11(4) making available alternative mathematics curriculum, including curriculum most
80.12relevant to the student's chosen area of study;
80.13(5) implementing "opt-out scheduling" by automatically enrolling students in a
80.14schedule of courses chosen by the student's department but allowing students to disenroll
80.15from such courses if they wish;
80.16(6) facilitating the transfer of credits between state colleges and universities;
80.17(7) strategies to encourage students to enroll full time, including the use of financial
80.18assistance to reduce a student's need to work.
80.19(b) The development of the plan required under this section shall not discourage the
80.20development or delay the implementation or expansion of existing programs to encourage
80.22(c) The Board of Trustees of the Minnesota State Colleges and Universities shall
80.23submit a report describing the plan developed under this section and an implementation
80.24schedule to the legislative committees with jurisdiction over higher education policy
80.25later than January 15, 2016. This report must include identification of the financial
80.26other resources needed by state colleges or universities to implement the plan developed
80.27under this section.
Sec. 23. COLLEGE COMPLETION; UNIVERSITY OF MINNESOTA.
80.29(a) The Board of Regents of the University of Minnesota is requested to develop a
80.30comprehensive plan to encourage students to complete degrees, diplomas, or certificates
80.31in their fields of study. The board is requested to consult with students, faculty,
80.32administrators of the University of Minnesota and the Office of Higher Education to
80.33a plan that would increase program completion among University of Minnesota students.
80.34Components of this plan may include, but are not limited to:
81.1(1) offering interdisciplinary courses that encourage students to think across
81.2disciplinary boundaries and take advantage of the universitywide intellectual expertise;
81.3(2) expanding undergraduate academic advising, including intrusive advising, and
81.4the use of online advising tools;
81.5(3) assisting undecided students with personalized services to help them develop a
81.6plan for major and career selection;
81.7(4) requiring all students to fill out, and regularly update, their four-year degree
81.8(5) facilitating student transfers to the University of Minnesota through support
81.9the Minnesota Transfer Curriculum and other transfer tools;
81.10(6) developing strategies to encourage students to enroll full time and graduate
81.11in four years; and
81.12(7) enhancing financial literacy programs that focus on low-income students.
81.13(b) The development of the plan required under this section shall not discourage the
81.14development or delay the implementation or expansion of existing programs to encourage
81.16(c) The Board of Regents of the University of Minnesota shall submit a report
81.17describing the plan developed under this section and an implementation schedule to
81.18legislative committees with jurisdiction over higher education policy no later than
81.1915, 2016. This report must include identification of the financial and other resources
81.20needed to implement the plan developed under this section.
Sec. 24. COUNSELING FOR COLLEGE STUDENT LOAN DEBTORS.
81.22 Subdivision 1. Pilot program created. The commissioner of the Office of Higher
81.23Education shall make a grant to a nonprofit qualified debt counseling organization
81.24provide individual student loan debt repayment counseling to borrowers who are Minnesota
81.25residents concerning loans obtained to attend a Minnesota postsecondary institution.
81.26counseling shall be provided to borrowers who are 30 to 60 days delinquent when they
81.27are referred to or otherwise identified by the organization as candidates for counseling.
81.28The number of individuals receiving counseling may be limited to those capable of
81.29served with available appropriations for that purpose. A goal of the counseling program
81.30to provide two counseling sessions to at least 75 percent of borrowers receiving counseling.
81.31The purpose of the counseling is to assist borrowers to:
81.32(1) understand their loan and repayment options;
81.33(2) manage loan repayment; and
81.34(3) develop a workable budget based on the borrower's full financial situation
81.35regarding income, expenses, and other debt.
82.1 Subd. 2. Qualified debt counseling organization. A qualified debt counseling
82.2organization is an organization that:
82.3(1) has experience in providing individualized student loan counseling;
82.4(2) employs certified financial loan counselors; and
82.5(3) has offices at multiple rural and metropolitan area locations in the state to
82.6provide in-person counseling.
82.7 Subd. 3. Grant application. Applications for a grant shall be on a form created by
82.8the commissioner and on a schedule set by the commissioner. Among other provisions,
82.9the application must include a description of:
82.10(1) the characteristics of borrowers to be served;
82.11(2) the services to be provided and a timeline for implementation of the services;
82.12(3) how the services provided will help borrowers manage loan repayment;
82.13(4) specific program outcome goals and performance measures for each goal; and
82.14(5) how the services will be evaluated to determine whether the program goals
82.16 Subd. 4. Grant. The commissioner shall select one grant recipient.
82.17 Subd. 5. Program evaluation. (a) The grant recipient must submit a report to the
82.18Office of Higher Education by January 15, 2017. The report must evaluate and measure
82.19the extent to which program outcome goals have been met.
82.20(b) The grant recipient must collect, analyze, and report on participation and
82.21outcome data that enable the office to verify the outcomes.
82.22(c) The evaluation must include information on the number of borrowers served with
82.23on-time student loan payments, the number who brought their loans into good standing,
82.24the number of student loan defaults, the number who developed a monthly budget plan,
82.25and other information required by the commissioner. Recipients of the counseling must
82.26surveyed on their opinions about the usefulness of the counseling and the survey results
82.27must be included in the report.
82.28 Subd. 6. Report to legislature. By February 1, 2017, the commissioner must
82.29submit a report to the committees in the legislature with jurisdiction over higher
82.30finance regarding grant program outcomes.
Sec. 25. HIGHER EDUCATION ATTAINMENT GOAL; INITIAL REPORT.
82.32By October 15, 2015, the Office of Higher Education, after collaborating with the
82.33state demographer's office, shall report to the chairs and ranking minority members
83.1legislative committees with primary jurisdiction over higher education policy and
83.2on the baseline data and methodology that will be used to measure progress towards
83.3the attainment goal specified in Minnesota Statutes, section 135A.012. The report
83.4include information about the specific data and data sources that will be used to
83.5the analyses, and make recommendations regarding the appropriate comparison groups
83.6for conducting the analyses, and the manner in which data can be disaggregated by
83.7distinct racial and ethnic group categories, and timeline benchmarks for meeting the
83.8in Minnesota Statutes, section 135A.012, subdivision 2.
Sec. 26. HUMAN SUBJECT RESEARCH STANDARDS; UNIVERSITY OF
83.11The Board of Regents of the University of Minnesota shall report monthly,
83.12commencing July 1, 2015, to the chairs and ranking minority members of the legislative
83.13committees with jurisdiction over higher education finance. The reports must describe
83.14progress in developing and implementing a plan to conduct human subject research
83.15at the university. The monthly reports must continue until the plan has been fully
83.16implemented. The reports must include how the university will implement the individual
83.17recommendations contained in the final report, dated February 23, 2015, titled "An
83.18External Review of the Protection of Human Research Participants at the University
83.19Minnesota with Special Attention to Research with Adults who may lack Decision-Making
83.20Capacity." The report was prepared pursuant to an agreement by the university with
83.21Association for the Accreditation of Human Research Protection Program (AAHRPP).
83.22The reports must, among other details, provide specific details about:
83.23(1) the changes to Institutional Review Board membership, policies, and practices;
83.24(2) the procedures required for obtaining and reviewing consents by individuals with
83.25impaired decision-making abilities; and
83.26(3) the policy with respect to responding to concerns of family and others for the
83.27well-being of human research subjects.
83.28EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 27. REPEALER.
83.30Minnesota Rules, part 4830.7500, subparts 2a and 2b, are repealed.
84.2CAMPUS SEXUAL ASSAULT
Section 1. Minnesota Statutes 2014, section 13.322, is amended by adding a
subdivision to read:
84.5 Subd. 6. Campus sexual assault data. Data relating to allegations of sexual assault
84.6at a postsecondary institution are classified under section 135A.15.
84.7EFFECTIVE DATE.This section is effective August 1, 2016.
Sec. 2. Minnesota Statutes 2014, section 135A.15, is amended to read:
84.9135A.15 SEXUAL HARASSMENT AND VIOLENCE POLICY.
Subdivision 1. Applicability; policy required. (a) This section applies to the
84.11following postsecondary institutions:
84.12(1) institutions governed by the Board of Trustees of the Minnesota State Colleges
84.13and Universities; and
84.14(2) private postsecondary institutions that offer in-person courses on a campus
84.15located in Minnesota and which are eligible institutions as defined in section 136A.103,
84.16provided that a private postsecondary institution with a systemwide enrollment of
84.17than 100 students in the previous academic year is exempt from subdivisions 4 to 10.
84.18Institutions governed by the Board of Regents of the University of Minnesota are
84.19requested to comply with this section.
The Board of Trustees of the Minnesota State Colleges and Universities shall, and
84.21 the University of Minnesota is requested to, (b) A postsecondary institution must
a clear, understandable written policy on sexual harassment and sexual violence that
informs victims of their rights under the crime victims bill of rights, including
the right to
assistance from the Crime Victims Reparations Board and the commissioner of public
safety. The policy must apply to students and employees and must provide information
about their rights and duties. The policy must apply to criminal incidents against a student
84.27or employee of a postsecondary institution
occurring on property owned or leased
postsecondary system or institution
in which the victim is a student or employee of that
84.29 system or institution or at any activity, program, organization, or event sponsored by
84.30the system or institution, or by a fraternity and sorority
. It must include procedures for
reporting incidents of sexual harassment or sexual violence and for disciplinary actions
against violators. During student registration,
each technical college, community college,
84.33 or state university shall, and the University of Minnesota is requested to, a postsecondary
provide each student with information regarding its policy. A copy of the
policy also shall be posted at appropriate locations on campus at all times.
85.2 postsecondary institution that is an eligible institution as defined in section
85.3 must adopt a policy that meets the requirements of this section.
85.4 Subd. 1a. Sexual assault definition. For the purposes of this section, "sexual
85.5assault" means forcible sex offenses as defined in Code of Federal Regulations, title
85.6part 668, subpart D, appendix A, as amended.
Subd. 2. Victims' rights.
The policy required under subdivision 1 shall, at a
minimum, require that students and employees be informed of the policy, and shall
include provisions for:
(1) filing criminal charges with local law enforcement officials in sexual assault
(2) the prompt assistance of campus authorities, at the request of the victim, in
notifying the appropriate law enforcement officials and disciplinary authorities of
sexual assault incident;
85.14(3) allowing sexual assault victims to decide whether to report a case to law
85.16(4) requiring campus authorities to treat sexual assault victims with dignity;
85.17(5) requiring campus authorities to offer sexual assault victims fair and respectful
85.18health care, counseling services, or referrals to such services;
85.19(6) preventing campus authorities from suggesting to a victim of sexual assault that
85.20the victim is at fault for the crimes or violations that occurred;
85.21(7) preventing campus authorities from suggesting to a victim of sexual assault that
85.22the victim should have acted in a different manner to avoid such a crime;
85.23(8) subject to subdivision 10, protecting the privacy of sexual assault victims by
85.24disclosing data collected under this section to the victim, persons whose work assignments
85.25reasonably require access, and, at a sexual assault victim's request, police conducting
85.26a criminal investigation;
an investigation and resolution of a sexual assault complaint by campus
a sexual assault victim's participation in and the presence of the victim's
attorney or other support person who is not a fact witness to the sexual assault
85.31meeting with campus officials concerning the victim's sexual assault complaint or
disciplinary proceeding concerning a sexual assault complaint;
85.33(11) ensuring that a sexual assault victim may decide when to repeat a description
85.34of the incident of sexual assault;
85.35(12) notice to a sexual assault victim of the availability of a campus or local program
85.36providing sexual assault advocacy services;
notice to a sexual assault victim of the outcome of any campus disciplinary
proceeding concerning a sexual assault complaint, consistent with laws relating to
the complete and prompt assistance of campus authorities, at the direction
of law enforcement authorities, in obtaining, securing, and maintaining evidence in
connection with a sexual assault incident;
the assistance of campus authorities in preserving for a sexual assault
complainant or victim materials relevant to a campus disciplinary proceeding;
86.9 (8) (16) during and after the process of investigating a complaint and conducting
86.10a campus disciplinary procedure,
the assistance of campus personnel, in cooperation
with the appropriate law enforcement authorities, at a sexual assault victim's request,
shielding the victim from unwanted contact with the alleged assailant, including transfer
of the victim to alternative classes or to alternative college-owned housing, if alternative
classes or housing are available and feasible
86.15(17) forbidding retaliation, and establishing a process for investigating complaints
86.16retaliation, against sexual assault victims by campus authorities, the accused, organizations
86.17affiliated with the accused, other students, and other employees;
86.18(18) at the request of the victim, providing students who reported sexual assaults
86.19the institution and subsequently choose to transfer to another postsecondary institution
86.20with information about resources for victims of sexual assault at the institution
86.21the victim is transferring; and
86.22(19) consistent with laws governing access to student records, providing a student
86.23who reported an incident of sexual assault with access to the student's description
86.24incident as it was reported to the institution, including if that student transfers
86.26 Subd. 3. Uniform amnesty. The sexual harassment and violence policy required by
86.27subdivision 1 must include a provision that a witness or victim of an incident of
86.28assault who reports the incident in good faith shall not be sanctioned by the institution
86.29for admitting in the report to a violation of the institution's student conduct policy
86.30personal use of drugs or alcohol.
86.31 Subd. 4. Coordination with local law enforcement. (a) A postsecondary
86.32institution must enter into a memorandum of understanding with the primary local law
86.33enforcement agencies that serve its campus. The memorandum must be entered into no
86.34later than January 1, 2017, and updated every two years thereafter. This memorandum
86.35shall clearly delineate responsibilities and require information sharing, in accordance
87.1applicable state and federal privacy laws, about certain crimes including, but not
87.2to, sexual assault. This memorandum of understanding shall provide:
87.3(1) delineation and sharing protocols of investigative responsibilities;
87.4(2) protocols for investigations, including standards for notification and
87.5communication and measures to promote evidence preservation; and
87.6(3) a method of sharing information about specific crimes, when directed by the
87.7victim, and a method of sharing crime details anonymously in order to better protect
87.8overall campus safety.
87.9(b) Prior to the start of each academic year, a postsecondary institution shall
87.10distribute an electronic copy of the memorandum of understanding to all employees
87.11campus that are subject to the memorandum.
87.12(c) An institution is exempt from the requirement that it develop a memorandum of
87.13understanding under this section if the institution and local or county law enforcement
87.14agencies establish a sexual assault protocol team to facilitate effective cooperation
87.15collaboration between the institution and law enforcement.
87.16 Subd. 5. Online reporting system. (a) A postsecondary institution must provide an
87.17online reporting system to receive complaints of sexual harassment and sexual violence
87.18from students and employees. The system must permit anonymous reports, provided
87.19that the institution is not obligated to investigate an anonymous report unless a
87.20report is submitted through the process established in the institution's sexual harassment
87.21and sexual violence policy.
87.22(b) A postsecondary institution must provide students making reports under this
87.23subdivision with information about who will receive and have access to the reports
87.24how the information gathered through the system will be used, and contact information
87.25on-campus and off-campus organizations serving victims of sexual violence.
87.26(c) Data collected under this subdivision is classified as private data on individuals
87.27as defined by section 13.02, subdivision 12. Postsecondary institutions not otherwise
87.28subject to chapter 13 must limit access to the data to only the data subject and persons
87.29whose work assignments reasonably require access.
87.30 Subd. 6. Data collection and reporting. (a) Postsecondary institutions must
87.31annually report statistics on sexual assault. This report must be prepared in addition
87.32any federally required reporting on campus security, including reports required by
87.33Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act,
87.34United States Code, title 20, section 1092(f). The report must include, but not be
87.35to, the number of incidents of sexual assault reported to the institution in the previous
87.36calendar year, as follows:
88.1(1) the number that were investigated by the institution;
88.2(2) the number that were referred for a disciplinary proceeding at the institution;
88.3(3) the number the victim chose to report to local or state law enforcement;
88.4(4) the number for which a campus disciplinary proceeding is pending, but has not
88.5reached a final resolution;
88.6(5) the number in which the alleged perpetrator was found responsible by the
88.7disciplinary proceeding at the institution;
88.8(6) the number that resulted in any action by the institution greater than a warning
88.9issued to the accused;
88.10(7) the number that resulted in a disciplinary proceeding at the institution that
88.12(8) the number that resulted in a disciplinary proceeding at the institution that
88.13without resolution because the accused withdrew from the institution;
88.14(9) the number that resulted in a disciplinary proceeding at the institution that
88.15without resolution because the victim chose not to participate in the procedure; and
88.16(10) the number of reports made through the online reporting system established in
88.17subdivision 5, excluding reports submitted anonymously.
88.18(b) If an institution previously submitted a report indicating that one or more
88.19disciplinary proceedings was pending, but had not reached a final resolution, and
88.20more of those disciplinary proceedings reached a final resolution within the previous
88.21calendar year, that institution must submit updated totals from the previous year
88.22reflect the outcome of the pending case or cases.
88.23(c) The reports required by this subdivision must be submitted to the Office of
88.24Higher Education by October 1 of each year. Each report must contain the data required
88.25under paragraphs (a) and (b) from the previous calendar year.
88.26(d) The commissioner of the Office of Higher Education shall calculate statewide
88.27numbers for each data item reported by an institution under this subdivision. The
88.28numbers must include data from postsecondary institutions that the commissioner could
88.29not publish due to federal laws governing access to student records.
88.30(e) The Office of Higher Education shall publish on its Web site:
88.31(1) the statewide data calculated under paragraph (d); and
88.32(2) the data items required under paragraphs (a) and (b) for each postsecondary
88.33institution in the state.
88.34Each postsecondary institution shall publish on the institution's Web site the data
88.35required under paragraphs (a) and (b) for that institution.
89.1(f) Reports and data required under this subdivision must be prepared and published
89.2as summary data, as defined in section 13.02, subdivision 19, and must be consistent
89.3with applicable law governing access to educational data. If an institution or the
89.4of Higher Education does not publish data because of applicable law, the publication
89.5must explain why data are not included.
89.6 Subd. 7. Access to data; audit trail. (a) Data on incidents of sexual assault shared
89.7with campus security officers or campus administrators responsible for investigating
89.8adjudicating complaints of sexual assault are classified as private data on individuals
89.9defined by section 13.02, subdivision 12, for the purposes of postsecondary institutions
89.10subject to the requirements of chapter 13. Postsecondary institutions not otherwise
89.11to chapter 13 must limit access to the data to only the data subject and persons whose
89.12work assignments reasonably require access.
89.13(b) Only individuals with explicit authorization from an institution may enter,
89.14update, or access electronic data related to an incident of sexual assault collected,
89.15or maintained under this section. The ability of authorized individuals to enter,
89.16access these data must be limited through the use of role-based access that corresponds
89.17the official duties or training level of the individual and the institutional authorization
89.18grants access for that purpose. All actions in which the data related to an incident
89.19assault are entered, updated, accessed, shared, or disseminated outside of the institution
89.20must be recorded in a data audit trail. An institution shall immediately and permanently
89.21revoke the authorization of any individual determined to have willfully entered, updated,
89.22accessed, shared, or disseminated data in violation of this subdivision or any provision
89.23chapter 13. If an individual is determined to have willfully gained access to data
89.24explicit authorization, the matter shall be forwarded to a county attorney for prosecution.
89.25 Subd. 8. Comprehensive training. (a) A postsecondary institution must provide
89.26campus security officers and campus administrators responsible for investigating or
89.27adjudicating complaints of sexual assault with comprehensive training on preventing
89.28responding to sexual assault in collaboration with the Bureau of Criminal Apprehension
89.29or another law enforcement agency with expertise in criminal sexual conduct. The
89.30training for campus security officers shall include a presentation on the dynamics
89.31sexual assault, neurobiological responses to trauma, and best practices for preventing,
89.32responding to, and investigating sexual assault. The training for campus administrators
89.33responsible for investigating or adjudicating complaints on sexual assault shall include
89.34presentations on preventing sexual assault, responding to incidents of sexual assault,
89.35dynamics of sexual assault, neurobiological responses to trauma, and compliance with
89.36state and federal laws on sexual assault.
90.1(b) The following categories of students who attend, or will attend, one or more
90.2courses on campus or will participate in on-campus activities must be provided sexual
90.4(1) students pursuing a degree or certificate;
90.5(2) students who are taking courses through the Postsecondary Enrollment Options
90.7(3) any other categories of students determined by the institution.
90.8Students must complete such training no later than ten business days after the start
90.9student's first semester of classes. Once a student completes the training, institutions
90.10document the student's completion of the training and provide proof of training completion
90.11to a student at the student's request. Students enrolled at more than one institution
90.12the same system at the same time are only required to complete the training once.
90.13The training shall include information about topics including but not limited to sexual
90.14assault as defined in subdivision 1a; consent as defined in section 609.341, subdivision
90.154; preventing and reducing the prevalence of sexual assault; procedures for reporting
90.16campus sexual assault; and campus resources on sexual assault, including organizations
90.17that support victims of sexual assault.
90.18(c) A postsecondary institution shall annually train individuals responsible for
90.19responding to reports of sexual assault. This training shall include information about
90.20best practices for interacting with victims of sexual assault, including how to reduce
90.21emotional distress resulting from the reporting, investigatory, and disciplinary process.
90.22 Subd. 9. Student health services. (a) An institution's student health service
90.23providers must screen students for incidents of sexual violence and sexual harassment.
90.24Student health service providers shall offer students information on resources available
90.25to victims and survivors of sexual violence and sexual harassment including counseling,
90.26mental health services, and procedures for reporting incidents to the institution.
90.27(b) Each institution offering student health or counseling services must designate
90.28existing staff member or existing staff members as confidential resources for victims
90.29sexual violence or sexual harassment. The confidential resource must be available
90.30with victims of sexual violence and sexual harassment. The confidential resource must
90.31provide victims with information about locally available resources for victims of
90.32violence and sexual harassment including, but not limited to, mental health services
90.33legal assistance. The confidential resource must provide victims with information
90.34the process for reporting an incident of sexual violence and sexual harassment to
90.35authorities or local law enforcement. The victim shall decide whether to report an
90.36of sexual violence and sexual harassment to campus authorities or local law enforcement.
91.1Confidential resources must be trained in all aspects of responding to incidents of
91.2violence and sexual harassment including, but not limited to, best practices for interacting
91.3with victims of trauma, preserving evidence, campus disciplinary and local legal processes,
91.4and locally available resources for victims. Data shared with a confidential resource
91.5classified as sexual assault communication data as defined by section 13.822, subdivision
91.6 Subd. 10. Applicability of other laws. This section does not exempt mandatory
91.7reporters from the requirements of section 626.556 or 626.557 governing the reporting
91.8maltreatment of minors or vulnerable adults. Nothing in this section limits the authority
91.9an institution to comply with other applicable state or federal laws related to investigations
91.10or reports of sexual harassment, sexual violence, or sexual assault.
91.11EFFECTIVE DATE.This section is effective August 1, 2016, except subdivision
91.129, paragraph (a), is effective January 1, 2017.
Sec. 3. [626.891] COOPERATION WITH POSTSECONDARY INSTITUTIONS.
91.14Local law enforcement agencies, including law enforcement agencies operated
91.15by statutory cities, home rule charter cities, and counties must enter into and honor
91.16memoranda of understanding required under section 135A.15.
91.17EFFECTIVE DATE.This section is effective August 1, 2016.
Section 1. Minnesota Statutes 2014, section 136A.121, subdivision 6, is amended to
Subd. 6. Cost of attendance.
(a) The recognized cost of attendance consists of:
(1) an allowance specified in law for living and miscellaneous expenses, and (2) an
allowance for tuition and fees equal to the lesser of the average tuition and fees
by the institution, or a tuition and fee maximum if one is established in law. If no living
91.26and miscellaneous expense allowance is established in law, the allowance is equal
91.27federal poverty guidelines for a one person household in Minnesota for nine months.
no tuition and fee maximum is established in law, the allowance for tuition and fees
equal to the lesser of: (1) the average tuition and fees charged by the institution,
for two-year programs, an amount equal to the highest tuition and fees charged at
two-year institution, or for four-year programs, an amount equal to the highest tuition
fees charged at a public university.
(b) For a student registering for less than full time, the office shall prorate the
attendance to the actual number of credits for which the student is enrolled.
(c) The recognized cost of attendance for a student who is confined to a Minnesota
correctional institution shall consist of the tuition and fee component in paragraph
with no allowance for living and miscellaneous expenses.
(d) For the purpose of this subdivision, "fees" include only those fees that are
mandatory and charged to full-time resident students attending the institution. Fees
not include charges for tools, equipment, computers, or other similar materials where
student retains ownership. Fees include charges for these materials if the institution
ownership. Fees do not include optional or punitive fees.
Sec. 2. Minnesota Statutes 2014, section 136A.121, subdivision 7a, is amended to read:
Subd. 7a. Surplus appropriation.
If the amount appropriated is determined by the
office to be more than sufficient to fund projected grant demand in the second year
biennium, the office may increase the living and miscellaneous expense allowance or the
92.15tuition and fee maximums
in the second year of the biennium by up to an amount that
retains sufficient appropriations to fund the projected grant demand. The adjustment
be made one or more times. In making the determination that there are more than sufficient
funds, the office shall balance the need for sufficient resources to meet the projected
demand for grants with the goal of fully allocating the appropriation for state grants.
increase in the living and miscellaneous expense allowance under this subdivision
not carry forward into a subsequent biennium."
Delete the title and insert:
relating to relating to higher education; establishing a budget for higher education;
appropriating money to the Office of Higher Education, the Board of Trustees
of the Minnesota State Colleges and Universities, the Board of Regents of the
University of Minnesota, and the Mayo Clinic; appropriating money for tuition
relief; making various policy and technical changes to higher-education-related
provisions; regulating the policies of postsecondary institutions relating to sexual
harassment and sexual violence; providing goals, standards, programs, and
grants; requiring reports; authorizing refinancing of certain bonds;amending
Minnesota Statutes 2014, sections 5.41, subdivisions 2, 3; 13.32, subdivision 6;
13.322, by adding a subdivision; 16C.075; 122A.09, subdivision 4; 124D.09,
by adding subdivisions; 124D.091, subdivision 1; 135A.15; 136A.01, by adding
a subdivision; 136A.031, subdivision 4; 136A.0411; 136A.101, subdivision 8;
136A.121, subdivisions 6, 7a, 20; 136A.125, subdivisions 2, 4, 4b; 136A.1701,
subdivision 4; 136A.61; 136A.63, subdivision 2; 136A.65, subdivisions 4,
7; 136A.657, subdivisions 1, 3; 136A.67; 136A.861, subdivision 1; 136A.87;
136G.05, subdivision 7; 137.54; 141.21, subdivisions 5, 6a, 9; 141.25; 141.251,
subdivision 2; 141.255; 141.26; 141.265; 141.271, subdivisions 1a, 1b, 3, 5, 7, 8,
9, 10, 12, 13, 14; 141.28; 141.29; 141.30; 141.32; 141.35; 197.75, subdivision
1; 261.23; Laws 2014, chapter 312, article 13, section 47; proposing coding for
new law in Minnesota Statutes, chapters 135A; 136A; 136F; 175; 626; repealing
Minnesota Statutes 2014, sections 136A.127, subdivisions 1, 2, 3, 4, 5, 6, 7,
9, 9b, 10, 10a, 11, 14; 136A.862; 141.271, subdivisions 4, 6; 158.01; 158.02;
158.03; 158.04; 158.05; 158.06; 158.07; 158.08; 158.09; 158.091; 158.10;
158.11; 158.12; Minnesota Rules, part 4830.7500, subparts 2a, 2b."
|We request the adoption of this report and repassage of the bill.
|Terri E. Bonoff
||Greg D. Clausen
|Jeremy R. Miller
|Gene Pelowski Jr.