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; establishing a year-long student teacher program; establishing a
teacher shortage loan forgiveness program; regulating the assignment of state
college and university students to remedial courses; regulating state college and
university transfer pathways; requiring a plan to encourage college completion at
the Minnesota State Colleges and Universities and the University of Minnesota;
regulating the policies of postsecondary institutions relating to sexual harassment
and sexual violence;amending Minnesota Statutes 2014, sections 13.322,
by adding a subdivision; 122A.09, subdivision 4; 135A.15, subdivisions 1, 2,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapters 136A; 136F; 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18HIGHER EDUCATION APPROPRIATIONS
1.20 The sums shown in the columns marked "Appropriations" are appropriated to the
1.21agencies and for the purposes specified in this article. The appropriations are from
1.22general fund, or another named fund, and are available for the fiscal years indicated
1.23for each purpose. The figures "2016" and "2017" used in this article mean that the
1.24appropriations listed under them are available for the fiscal year ending June 30,
1.25June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year"
1.26year 2017. "The biennium" is fiscal years 2016 and 2017.
|Section 1. HIGHER EDUCATION APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 2. MINNESOTA OFFICE OF HIGHER
2.6The amounts that may be spent for each
2.7purpose are specified in the following
|Subdivision 1.Total Appropriation
2.10If the appropriation in this subdivision for
2.11either year is insufficient, the appropriation
2.12for the other year is available for it.
2.13For the biennium, the tuition maximum is
2.14$13,000 each year for students in four-year
2.15programs, and $5,808 each year for students
2.16in two-year programs.
2.17The living and miscellaneous expense
2.18allowance is $7,900 each year.
|Subd. 2.State Grants
|Subd. 3.Child Care Grants
|Subd. 4.State Work-Study
2.22If the appropriation in this subdivision for
2.23either year is insufficient, the appropriation
2.24for the other year is available to meet
2.25reciprocity contract obligations.
|Subd. 5.Interstate Tuition Reciprocity
2.27This appropriation is to provide educational
2.28benefits under Minnesota Statutes, section
2.29299A.45, to eligible dependent children and
2.30to the spouses of public safety officers killed
2.31in the line of duty.
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. 6.Safety Officer's Survivors
3.5The director must contract with or employ
3.6at least one person with demonstrated
3.7competence in American Indian culture and
3.8residing in or near the city of Bemidji to
3.9assist students with the scholarships under
3.10Minnesota Statutes, section 136A.126, and
3.11with other information about financial aid for
3.12which the students may be eligible. Bemidji
3.13State University must provide office space
3.14at no cost to the Minnesota Office of Higher
3.15Education for purposes of administering the
3.16American Indian scholarship program under
3.17Minnesota Statutes, section 136A.126. This
3.18appropriation includes funding to administer
3.19the American Indian scholarship program.
|Subd. 7.Indian Scholarships
3.21For tribal college assistance grants under
3.22Minnesota Statutes, section 136A.1796.
|Subd. 8.Tribal College Grants
3.25For grants under Minnesota Statutes, section
3.26136A.862, for the high school-to-college
3.27developmental transition program grants.
|Subd. 9.High School-to-College Developmental
3.30For the intervention for college attendance
3.31program under Minnesota Statutes, section
4.1This appropriation includes funding to
4.2administer the intervention for college
4.3attendance program grants.
|Subd. 10.Intervention for College Attendance
|Subd. 11.Student-Parent Information
|Subd. 12.Get Ready
|Subd. 13.Midwest Higher Education Compact
|Subd. 14.Minnesota Minority Partnership
4.10For a grant to United Family Medicine
4.11residency program. This appropriation
4.12shall be used to support up to 18 resident
4.13physicians each year in family practice at
4.14United Family Medicine residency programs
4.15and shall prepare doctors to practice family
4.16care medicine in underserved rural and
4.17urban areas of the state. It is intended
4.18that this program will improve health
4.19care in underserved communities, provide
4.20affordable access to appropriate medical
4.21care, and manage the treatment of patients in
4.22a cost-effective manner.
|Subd. 15.United Family Medicine Residency
|Subd. 16.MnLINK Gateway and Minitex
|Subd. 17.Statewide Longitudinal Education
4.27For transfer to Hennepin County Medical
4.28Center for graduate family medical education
4.29programs at Hennepin County Medical
|Subd. 18.Hennepin County Medical Center
4.32For the loan forgiveness program under
4.33Minnesota Statutes, section 136A.1791.
|Subd. 19.Teacher Shortage Loan Forgiveness
5.2For the sexual assault reporting required
5.3under Minnesota Statutes, section 135A.15.
|Subd. 20.Campus Sexual Assault Reporting
|Subd. 21.Agency Administration
5.6A balance in the first year under this section
5.7does not cancel, but is available for the
5.10The Minnesota Office of Higher Education
5.11may transfer unencumbered balances from
5.12the appropriations in this section to the state
5.13grant appropriation, the interstate tuition
5.14reciprocity appropriation, the child care
5.15grant appropriation, the Indian scholarship
5.16appropriation, the state work-study
5.17appropriation, the get ready appropriation,
5.18and the public safety officers' survivors
5.19appropriation. Transfers from the child care
5.20or state work-study appropriations may only
5.21be made to the extent there is a projected
5.22surplus in the appropriation. A transfer may
5.23be made only with prior written notice to
5.24the chairs and ranking minority members
5.25of the senate and house of representatives
5.26committees and divisions with jurisdiction
5.27over higher education finance.
|Subd. 22.Balances Forward
|Sec. 3. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND
5.32The amounts that may be spent for each
5.33purpose are specified in the following
|Subdivision 1.Total Appropriation
6.3For the Office of the Chancellor and the
6.4Shared Services Division.
|Subd. 2.Central Office and Shared Services
6.6This appropriation includes $36,000,000 in
6.7fiscal year 2016 and $69,000,000 in fiscal
6.8year 2017 for student tuition relief. The
6.9Board of Trustees must establish tuition rates
6.11(1) for the 2015-2016 academic year,
6.12the tuition rate at universities must not
6.13increase by more than three percent over
6.14the 2014-2015 academic year rate, and the
6.15tuition rate at colleges must not exceed the
6.162014-2015 academic year rate; and
6.17(2) for the 2016-2017 academic year, the
6.18tuition rate at universities must not exceed
6.19the 2015-2016 academic year rate, and the
6.20tuition rate at colleges must be reduced by at
6.21least one percent compared to the 2015-2016
6.22academic year rate.
6.23The student tuition relief may not be offset
6.24by increases in mandatory fees, charges, or
6.25other assessments to the student.
6.26This appropriation includes $200,000 in
6.27fiscal year 2016 to award up to two grants to
6.28system institutions with a teacher preparation
6.29program approved by the Board of Teaching
6.30to provide a school year-long student
6.31teaching pilot program, consistent with
6.32the student teaching program requirements
6.33under Minnesota Statutes, section 122A.09,
6.34subdivision 4, paragraph (d). This is a
7.1onetime appropriation. The Board of
7.2Trustees must report to the K-12 and higher
7.3education committees of the legislature by
7.4March 1, 2017, on the experiences of the
7.5grant recipients and the student teachers
7.6with the school year-long student teaching
7.7program, and include any recommendations
7.8for amending Minnesota Statutes, section
7.9122A.09, subdivision 4, paragraph (d), based
7.10on the experiences of the grant recipients.
7.11This appropriation includes $115,000 in fiscal
7.12year 2016 to implement the baccalaureate
7.13degree pathways required under article 2,
7.15This appropriation includes $40,000 in fiscal
7.16year 2016 and $40,000 in fiscal year 2017
7.17to implement the sexual assault policies
7.18required under Minnesota Statutes, section
7.19135A.15. This is a onetime appropriation.
7.20$18,000 each year is for transfer to the Cook
7.21County Higher Education Board to provide
7.22educational programming and academic
7.23support services to remote regions in
7.24northeastern Minnesota. This appropriation
7.25is in addition to the $102,000 per fiscal year
7.26this project currently receives. The project
7.27shall continue to provide information to the
7.28Board of Trustees on the number of students
7.29served, credit hours delivered, and services
7.30provided to students. The base appropriation
7.31under this paragraph is $120,000 each year.
|Subd. 3.Operations and Maintenance
|Subd. 4.Learning Network of Minnesota
|Sec. 4. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
|Subdivision 1.Total Appropriation
8.5The amounts that may be spent for each
8.6purpose are specified in the following
|Appropriations by Fund
|Health Care Access
8.9This appropriation includes funding for
8.10operation and maintenance of the system.
|Subd. 2.Operations and Maintenance
8.12This appropriation is from the health care
|Subd. 3.Primary Care Education Initiatives
|Subd. 4.Special Appropriations
8.16For the Agricultural Experiment Station and
8.17the Minnesota Extension Service:
8.18(1) the Agricultural Experiment Station
8.19and Minnesota Extension Service must
8.20convene agricultural advisory groups to
8.21focus research, education, and extension
8.22activities on producer needs and implement
8.23an outreach strategy that more effectively
8.24and rapidly transfers research results and best
8.25practices to producers throughout the state;
8.26(2) this appropriation includes funding for
8.27research and outreach on the production of
8.28renewable energy from Minnesota biomass
8.29resources, including agronomic crops,
8.30plant and animal wastes, and native plants
8.31or trees. The following areas should be
8.32prioritized and carried out in consultation
8.33with Minnesota producers and renewable
8.34energy and bioenergy organizations:
9.1(i) biofuel and other energy production from
9.2perennial crops, small grains, row crops,
9.3and forestry products in conjunction with
9.4the Natural Resources Research Institute
9.6(ii) alternative bioenergy crops and cropping
9.8(iii) biofuel coproducts used for livestock
9.10(3) this appropriation includes funding
9.11for the College of Food, Agricultural and
9.12Natural Resources Sciences to establish and
9.13provide leadership for organic agronomic,
9.14horticultural, livestock, and food systems
9.15research, education, and outreach and for
9.16the purchase of state-of-the-art laboratory,
9.17planting, tilling, harvesting, and processing
9.18equipment necessary for this project;
9.19(4) this appropriation includes funding
9.20for research efforts that demonstrate a
9.21renewed emphasis on the needs of the state's
9.22agriculture community. The following
9.23areas should be prioritized and carried
9.24out in consultation with Minnesota farm
9.26(i) vegetable crop research with priority for
9.27extending the Minnesota vegetable growing
9.29(ii) fertilizer and soil fertility research and
9.31(iii) soil, groundwater, and surface water
9.32conservation practices and contaminant
10.1(iv) discovering and developing plant
10.2varieties that use nutrients more efficiently;
10.3(v) breeding and development of turf seed
10.4and other biomass resources in all three
10.6(vi) development of new disease-resistant
10.7and pest-resistant varieties of turf and
10.9(vii) utilizing plant and livestock cells to treat
10.10and cure human diseases;
10.11(viii) the development of dairy coproducts;
10.12(ix) a rapid agricultural response fund for
10.13current or emerging animal, plant, and insect
10.14problems affecting production or food safety;
10.15(x) crop pest and animal disease research;
10.16(xi) developing animal agriculture that is
10.17capable of sustainably feeding the world;
10.18(xii) consumer food safety education and
10.20(xiii) programs to meet the research and
10.21outreach needs of organic livestock and crop
10.23(xiv) alternative bioenergy crops and
10.24cropping systems; and growing, harvesting,
10.25and transporting biomass plant material; and
10.26(5) by February 1, 2017, the Board of Regents
10.27must submit a report to the legislative
10.28committees and divisions with jurisdiction
10.29over agriculture and higher education finance
10.30on the status and outcomes of research and
10.31initiatives funded in this section.
|(a) Agriculture and Extension Service
11.1$346,000 each year is to support up to 12
11.2resident physicians in the St. Cloud Hospital
11.3family practice residency program. The
11.4program must prepare doctors to practice
11.5primary care medicine in rural areas of the
11.6state. The legislature intends this program
11.7to improve health care in rural communities,
11.8provide affordable access to appropriate
11.9medical care, and manage the treatment of
11.10patients in a more cost-effective manner.
11.11The remainder of this appropriation is for
11.12the rural physicians associates program, the
11.13Veterinary Diagnostic Laboratory, health
11.14sciences research, dental care, and the
11.15Biomedical Engineering Center.
|(b) Health Sciences
11.17For the geological survey and the talented
11.18youth mathematics program.
|(c) Institute of Technology
11.20For general research, the Labor Education
11.21Service, Natural Resources Research
11.22Institute, Center for Urban and Regional
11.23Affairs, Bell Museum of Natural History, and
11.24the Humphrey exhibit.
|(d) System Special
11.27For the direct and indirect expenses of the
11.28collaborative research partnership between
11.29the University of Minnesota and the Mayo
11.30Foundation for research in biotechnology
11.31and medical genomics. This appropriation is
11.32available until expended. An annual report
11.33on the expenditure of these funds must be
11.34submitted to the governor and the chairs of
11.35the legislative committees responsible for
12.1higher education finance by June 30 of each
|(e) University of Minnesota and Mayo
12.5To reinstate and support the agricultural
12.6education program and enhance the health
12.7science program on the Crookston campus.
|Subd. 5.Crookston Campus; Agricultural
Education and Health Sciences
12.9This appropriation includes $450,000 in
12.10fiscal year 2016 to renovate classrooms
12.11and small group spaces in the division of
12.12education on the Morris campus.
12.13This appropriation includes $250,000 in
12.14fiscal year 2016 to improve classroom
12.15seating, technology, acoustics, and digital
12.16capabilities on the Morris campus.
12.17This appropriation includes $300,000 in
12.18fiscal year 2016 to upgrade digital and
12.19wireless capabilities in the campus library
12.20on the Morris campus.
12.21This appropriation includes $400,000 in fiscal
12.22year 2016 to upgrade college athletics and
12.23recreation facilities on the Morris campus.
12.24This is a onetime appropriation. Funds from
12.25this appropriation are available until June
|Subd. 6.Morris Campus
12.28The appropriation for Academic Health
12.29Center funding under Minnesota Statutes,
12.30section 297F.10, is estimated to be
12.31$22,250,000 each year.
|Subd. 7.Academic Health Center
|Sec. 5. MAYO CLINIC
13.1The amounts that may be spent are specified
13.2in the following subdivisions.
|Subdivision 1.Total Appropriation
13.4The state must pay a capitation each year for
13.5each student who is a resident of Minnesota.
13.6The appropriation may be transferred
13.7between each year of the biennium to
13.8accommodate enrollment fluctuations. It is
13.9intended that during the biennium the Mayo
13.10Clinic use the capitation money to increase
13.11the number of doctors practicing in rural
13.12areas in need of doctors.
|Subd. 2.Medical School
13.15The state must pay stipend support for up to
13.1627 residents each year.
|Subd. 3.Family Practice and Graduate
13.18HIGHER EDUCATION POLICIES
Section 1. 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,
14.18teacher preparation programs may use the Minnesota State Colleges and Universities
14.19program model to provide a school year-long student teaching program that combines
14.20clinical opportunities with academic coursework and in-depth student teaching
14.21experiences to offer students ongoing mentorship, coaching and assessment, help to
14.22prepare 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.
16.21EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
Sec. 2. [136A.1791] TEACHER SHORTAGE LOAN FORGIVENESS
16.25 Subdivision 1. Definitions. (a) The terms used in this section have the meanings
16.26given them in this subdivision.
16.27(b) "Qualified educational loan" means a government, commercial, or foundation
16.28loan for actual costs paid for tuition, reasonable education expenses, and reasonable
16.29expenses related to the education of a teacher.
16.30(c) "School district" means an independent school district, special school district,
16.31intermediate district, education district, special education cooperative, service
16.32a cooperative center for vocational education, or a charter school located in this
16.33(d) "Teacher" means an individual holding a teaching license issued under chapter
16.34122A who is employed by a school district in a nonadministrative teaching position
16.35a teacher shortage area.
17.1(e) "Teacher shortage area" means academic teaching disciplines or subject matter
17.2designated by the commissioner of education as areas in which a shortage of teachers
17.3exists in the state.
17.4 Subd. 2. Program established; administration. The commissioner shall establish
17.5and administer a teacher shortage loan forgiveness program. A teacher is eligible
17.6the program if the teacher is teaching in a teacher shortage area and complies with
17.7requirements of subdivision 4.
17.8 Subd. 3. Annual designation of teacher shortage areas. The commissioner of
17.9education shall annually designate the teaching disciplines and subject matter areas
17.10experiencing teacher shortages. The commissioner of education shall periodically conduct
17.11a survey of school districts and approved teacher preparation programs to determine
17.12current teacher shortage areas.
17.13 Subd. 4. Application for loan forgiveness. Each applicant for loan forgiveness
17.14shall, in accordance with the rules of the commissioner, do the following:
17.15(1) complete and file an application for teacher shortage loan forgiveness. The
17.16individual shall be responsible for the prompt submission of any information required
17.18(2) file a new application and submit information as required by the commissioner
17.19annually on the basis of which the applicant's eligibility for the renewed loan forgiveness
17.20will be evaluated and determined; and
17.21(3) complete and return on a form approved by the commissioner an affidavit
17.22verifying that the applicant is teaching in a teacher shortage area.
17.23 Subd. 5. Amount of loan forgiveness. Within the limits of available funding, the
17.24annual amount of teacher shortage loan forgiveness for an approved applicant shall
17.25exceed $1,000 or the cumulative balance of the applicant's qualified educational loans,
17.26including principal and interest, whichever amount is less. Applicants are responsible
17.27securing their own qualified educational loans. A teacher shall be eligible for the
17.28forgiveness program for not more than five consecutive years following graduation
17.29an approved teacher preparation program.
17.30 Subd. 6. Disbursement. (a) The commissioner must make annual disbursements
17.31directly to the participant of the amount for which a participant is eligible, for
17.32that a participant is eligible.
17.33(b) Within 60 days of receipt of a disbursement, the participant must provide the
17.34commissioner with verification that the full amount of loan repayment disbursement
17.35been applied toward the designated loans. A participant that previously received funds
18.1under this section but has not provided the commissioner with such verification is
18.2eligible to receive additional funds.
18.3 Subd. 7. Penalties. An individual who submits an application or other information
18.4to the commissioner under this section which contains false or misleading information
18.5may have the individual's teaching license suspended or revoked pursuant to section
18.6122A.20 and may be subject to discipline by the individual's employing school district.
18.7 Subd. 8. Fund established. A teacher shortage loan forgiveness repayment fund
18.8is created for deposit of money appropriated to or received by the commissioner for
18.9under the program. Money deposited in the fund shall not revert to any fund of the
18.10the end of any fiscal year but shall remain in the loan forgiveness repayment fund
18.11continuously available for loan forgiveness under the program.
18.12 Subd. 9. Annual reporting. The commissioner shall annually by February 1 report
18.13to the chairs of the higher education committees of the legislature regarding the
18.14individuals who received loan forgiveness pursuant to this section, which teacher
18.15areas the teachers taught in, the amount paid to each program participant, and other
18.16information identified by the commissioner as indicators of outcomes from the program.
18.17 Subd. 10. Rulemaking. The commissioner shall adopt rules pursuant to chapter 14
18.18to administer this section.
Sec. 3. [136F.302] REGULATING THE ASSIGNMENT OF STUDENTS TO
18.21 Subdivision 1. ACT college ready score. A state college or university may not
18.22require an individual to take a remedial, noncredit course in a subject area if the
18.23has received a college ready ACT score in that subject area.
18.24 Subd. 2. Testing process for determining if remediating is necessary. A college
18.25or university testing process used to determine whether an individual is placed in
18.26remedial, noncredit course must comply with this subdivision. Prior to taking a test,
18.27individual must be given reasonable time and opportunity to review materials provided
18.28the college or university covering the material to be tested which must include a
18.29test. An individual who is required to take a remedial, noncredit course as a result
18.30test given by a college or university must be given an opportunity to retake the test
18.31earliest time determined by the individual when testing is otherwise offered. The
18.32or university must provide an individual with study materials for the purpose of retaking
18.33and passing the test.
Sec. 4. BACCALAUREATE DEGREE PATHWAYS.
19.1 Subdivision 1. Regulate MnSCU baccalaureate transfers. The Board of Trustees
19.2of the Minnesota State Colleges and Universities shall implement new transfer pathways
19.3for associate of arts degrees, associate of science degrees, and associate of fine
19.4toward baccalaureate degree programs. The implementation must, to the greatest extent
19.5possible, be done in accordance with the implementation plan, including its timeline,
19.6developed pursuant to Laws 2014, chapter 312, article 1, section 12.
19.7 Subd. 2. New or enhanced bachelor of applied science degrees. The board, in
19.8consultation with system constituency groups, is encouraged to create a plan to enhance
19.9develop new bachelor of applied science degree programs in areas of high employment
19.10need in the state to facilitate transfer pathways for students with associate of applied
19.12 Subd. 3. Report. By March 15, 2016, the board must report to the chairs and
19.13ranking minority members of the legislative committees with jurisdiction over higher
19.14education on the status of implementation of transfer pathways under subdivision 1
19.15any deviations from the implementation plan.
Sec. 5. COLLEGE COMPLETION; MNSCU.
19.17(a) The Board of Trustees of the Minnesota State Colleges and Universities shall
19.18develop a comprehensive plan to encourage students to complete degrees, diplomas,
19.19certificates in their fields of study. The board must consult with students, faculty,
19.20administrators of the state colleges and universities and the Office of Higher Education
19.21create a plan that would increase program completion at each state college or university.
19.22Components of this plan may include, but are not limited to:
19.23(1) replacing developmental or remedial courses, when appropriate, with corequisite
19.24courses in which students with academic deficiencies are placed into introductory
19.25credit-bearing coursework while receiving supplemental academic instruction on the
19.26same subject and during the same term;
19.27(2) expanding intrusive advising, including the use of early alert systems or requiring
19.28the approval of an advisor or counselor to register for certain classes;
19.29(3) developing meta-majors in broad academic disciplines as an alternative to
19.31(4) making available alternative mathematics curriculum, including curriculum most
19.32relevant to the student's chosen area of study;
19.33(5) implementing "opt-out scheduling" by automatically enrolling students in a
19.34schedule of courses chosen by the student's department but allowing students to disenroll
19.35from such courses if they wish;
20.1(6) facilitating the transfer of credits between state colleges and universities;
20.2(7) strategies to encourage students to enroll full time, including the use of financial
20.3assistance to reduce a student's need to work.
20.4(b) The development of the plan required under this section shall not discourage the
20.5development or delay the implementation or expansion of existing programs to encourage
20.7(c) The Board of Trustees of the Minnesota State Colleges and Universities shall
20.8submit a report describing the plan developed under this section and an implementation
20.9schedule to the legislative committees with jurisdiction over higher education policy
20.10later than January 15, 2016. This report must include identification of the financial
20.11other resources needed by state colleges or universities to implement the plan developed
20.12under this section.
Sec. 6. COLLEGE COMPLETION; UNIVERSITY OF MINNESOTA.
20.14(a) The Board of Regents of the University of Minnesota is requested to develop a
20.15comprehensive plan to encourage students to complete degrees, diplomas, or certificates
20.16in their fields of study. The board is requested to consult with students, faculty,
20.17administrators of the University of Minnesota and the Office of Higher Education to
20.18a plan that would increase program completion among University of Minnesota students.
20.19Components of this plan may include, but are not limited to:
20.20(1) offering interdisciplinary courses that encourage students to think across
20.21disciplinary boundaries and take advantage of the universitywide intellectual expertise;
20.22(2) expanding undergraduate academic advising, including intrusive advising, and
20.23the use of online advising tools;
20.24(3) assisting undecided students with personalized services to help them develop a
20.25plan for major and career selection;
20.26(4) requiring all students to fill out, and regularly update, their four-year degree
20.27(5) facilitating student transfers to the University of Minnesota through support
20.28the Minnesota Transfer Curriculum and other transfer tools;
20.29(6) developing strategies to encourage students to enroll full time and graduate
20.30in four years; and
20.31(7) enhancing financial literacy programs that focus on low-income students.
20.32(b) The development of the plan required under this section shall not discourage the
20.33development or delay the implementation or expansion of existing programs to encourage
21.1(c) The Board of Regents of the University of Minnesota shall submit a report
21.2describing the plan developed under this section and an implementation schedule to
21.3legislative committees with jurisdiction over higher education policy no later than
21.415, 2016. This report must include identification of the financial and other resources
21.5needed to implement the plan developed under this section.
21.7CAMPUS SEXUAL ASSAULT
Section 1. Minnesota Statutes 2014, section 13.322, is amended by adding a
subdivision to read:
21.10 Subd. 6. Campus sexual assault data. Data relating to allegations of sexual assault
21.11at a postsecondary institution are classified under section 135A.15.
Sec. 2. Minnesota Statutes 2014, section 135A.15, subdivision 1, is amended to read:
Subdivision 1. Policy required.
The Board of Trustees of the Minnesota State
Colleges and Universities shall, and the University of Minnesota is requested to,
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
21.20or 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
21.22 system or institution or at any activity, program, organization, or event sponsored by the
21.23system or institution, including fraternities and sororities
. 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
or state university shall, and the University of Minnesota is requested to, provide
student with information regarding its policy. A copy of the policy also shall be
appropriate locations on campus at all times.
Each private postsecondary institution that
21.29 is an eligible institution as defined in section
136A.155 , must adopt a policy that meets
21.30 the requirements of this section.
Sec. 3. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
22.1 Subd. 1a. Applicability to private institutions. Each private postsecondary
22.2institution that is an eligible institution as defined in section 136A.103 must comply
22.3all of the requirements imposed in this section.
Sec. 4. Minnesota Statutes 2014, section 135A.15, subdivision 2, is amended to read:
Subd. 2. Victims' rights. (a)
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;
22.12(3) allowing sexual assault victims to decide whether to refer a case to law
22.14(4) requiring campus authorities to treat sexual assault victims with dignity;
22.15(5) requiring campus authorities to offer sexual assault victims fair and respectful
22.16health care, counseling services, or referrals to such services;
22.17(6) preventing campus authorities from suggesting a victim of sexual assault is at
22.18fault for the crimes or violations that occurred;
22.19(7) preventing campus authorities from suggesting that a victim of sexual assault
22.20should have acted in a different manner to avoid such a crime;
22.21(8) protecting the privacy of sexual assault victims by, unless otherwise required
22.22law, only disclosing data collected under this section to the victim, persons whose
22.23assignments reasonably require access, and, at a sexual assault victim's request,
22.24conducting a 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 at any meeting with campus officials concerning a sexual
22.29assault complaint or
campus disciplinary proceeding concerning a sexual assault complaint;
22.30(11) ensuring that a sexual assault victim is not required to repeat unnecessarily
22.31description of the incident of sexual assault;
22.32(12) notice to a sexual assault victim of the availability of a campus or local program
22.33providing 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;
23.9 (8) (16) during and after the process of investigating a complaint and conducting
23.10a 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
23.15(17) forbidding retaliation, and establishing a process for investigating complaints
23.16retaliation, against sexual assault victims by campus authorities, the accused, organizations
23.17affiliated with the accused, other students, and other employees;
23.18(18) allowing sexual assault victims to practice their religion and exercise their
23.19civil rights without interference by the investigative, criminal justice, or student
23.20process of the institution;
23.21(19) at the request of the victim, providing students who reported sexual assaults
23.22the institution and subsequently choose to transfer to another postsecondary institution
23.23with information about resources for victims of sexual assault at the institution
23.24the victim is transferring; and
23.25(20) consistent with laws governing access to student records, providing a student
23.26who reported an incident of sexual assault with access to the student's description
23.27incident as it was reported to the institution, including if that student transfers
23.29(b) For the purposes of this section, "sexual assault" means forcible sex offenses
23.30as defined in Code of Federal Regulations, title 34, part 668, subpart D, appendix
Sec. 5. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
23.34 Subd. 3. Uniform amnesty. The Board of Trustees of the Minnesota State Colleges
23.35and Universities shall, and the University of Minnesota is requested to, include in
24.1system's sexual harassment and violence policy a provision that no student who reports,
24.2in good faith, an act of sexual harassment or sexual violence shall be sanctioned
24.3institution for admitting to a violation of the institution's student conduct policy
on the use
24.4of drugs or alcohol as part of the report.
Sec. 6. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
24.7 Subd. 4. Coordination with local law enforcement. (a) The Board of Trustees
24.8of the Minnesota State Colleges and Universities shall, and the University of Minnesota
24.9is requested to, direct each campus in the system to enter into a memorandum of
24.10understanding with the primary local law enforcement agencies that serve the campus.
24.11The memorandum must be entered into no later than January 1, 2017, and updated every
24.12two years thereafter. This memorandum shall clearly delineate responsibilities and
24.13require information sharing, in accordance with applicable state and federal privacy
24.14about certain crimes including, but not limited to, sexual assault. This memorandum
24.15of understanding shall provide:
24.16(1) delineation and sharing protocols of investigative responsibilities;
24.17(2) protocols for investigations, including standards for notification and
24.18communication and measures to promote evidence preservation; and
24.19(3) a method of sharing information about specific crimes, when directed by the
24.20victim, and a method of sharing crime details anonymously in order to better protect
24.21overall campus safety.
24.22(b) Prior to the start of each academic year, the Board of Trustees of the Minnesota
24.23State Colleges and Universities shall, and the University of Minnesota is requested
24.24distribute an electronic copy of the memorandum of understanding to all employees
24.25campus that are subject to the memorandum.
24.26(c) A campus is exempt from the requirement that it develop a memorandum of
24.27understanding under this section if the campus and local or county law enforcement
24.28agencies establish a sexual assault protocol team to facilitate effective cooperation
24.29collaboration between the institution and law enforcement.
Sec. 7. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
24.32 Subd. 5. Online reporting system. (a) The Board of Trustees of the Minnesota
24.33State Colleges and Universities shall, and the University of Minnesota is requested
24.34provide an online reporting system to receive complaints of sexual harassment and
25.1violence from students and employees. The system must permit anonymous reports,
25.2provided that the institution is not obligated to investigate an anonymous report,
25.3a formal report is submitted through the process established in the institution's
25.4harassment and sexual violence policy or an investigation is otherwise required by
25.5(b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
25.6and the University of Minnesota is requested to, provide students making reports under
25.7this section with information about who will receive and have access to the reports
25.8how the information gathered through the system will be used, and contact information
25.9on-campus and off-campus organizations serving victims of sexual violence.
25.10(c) Data collected under this subdivision is classified as private data on individuals
25.11as defined by section 13.02, subdivision 12.
Sec. 8. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
25.14 Subd. 6. Data collection and reporting. (a) The Board of Trustees of the Minnesota
25.15State Colleges and Universities and the University of Minnesota shall annually report
25.16statistics on sexual assault. This report must be prepared in addition to any federally
25.17required reporting on campus security, including reports required by the Jeanne Clery
25.18Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States
25.19Code, title 20, section 1092(f). The report must include, but not be limited to, the
25.20of incidents of sexual assault reported to the institution in the previous calendar
25.22(1) the number that were investigated by the institution;
25.23(2) the number that were referred for a disciplinary proceeding at the institution;
25.24(3) the number the victim chose to report to local or state law enforcement;
25.25(4) the number for which a campus disciplinary proceeding is pending, but has not
25.26reached a final resolution;
25.27(5) the number in which the alleged perpetrator was found responsible by the
25.28disciplinary proceeding at the institution;
25.29(6) the number that resulted in any action by the institution greater than a warning
25.30issued to the accused;
25.31(7) the number that resulted in a disciplinary proceeding at the institution that
25.33(8) the number that resulted in a disciplinary proceeding at the institution that
25.34without resolution because the accused withdrew from the institution;
26.1(9) the number that resulted in a disciplinary proceeding at the institution that
26.2without resolution because the victim chose not to participate in the procedure; and
26.3(10) the number of reports made through the online reporting system established in
26.4subdivision 5, excluding reports submitted anonymously.
26.5(b) If an institution previously submitted a report indicating that one or more
26.6disciplinary proceedings was pending, but had not reached a final resolution, and
26.7more of those disciplinary proceedings reached a final resolution within the previous
26.8year, that institution must submit an updated report for the previous year that reflects
26.9the outcome of the pending case or cases.
26.10(c) The reports required by this subdivision must be submitted to the Office of
26.11Higher Education by October 1 of each year. Each report must contain the data required
26.12under paragraphs (a) and (b) from the previous fiscal year. An institution's report
26.13this subdivision is classified as private data on individuals as defined by section
26.15(d) The commissioner of the Office of Higher Education shall calculate statewide
26.16numbers for each data item reported by an institution under this subdivision. The
26.17numbers should include data from postsecondary institutions that the commissioner
26.18not publish due to federal laws governing access to student records.
26.19(e) The Office of Higher Education shall publish on its Web site:
26.20(1) the statewide data calculated under paragraph (d); and
26.21(2) consistent with federal laws governing access to student records and in
26.22consultation with the applicable institution, the data items required under paragraphs
26.23and (b) for each postsecondary institution in the state.
26.24This data shall be published as summary data as defined by section 13.02, subdivision
26.25and shall not identify alleged victims or perpetrators of crimes. Consistent with
26.26laws governing access to student records, each state college or university shall,
26.27University of Minnesota is requested to, publish on the institution's Web site the
26.28required under paragraphs (a) and (b) for that institution.
26.29(f) If an institution or the Office of Higher Education is unable to publish data
26.30this subdivision due to state or federal laws governing access to student records,
26.31explain in its report why the institution did not publish such data.
Sec. 9. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
26.34 Subd. 7. Access to data; audit trail. (a) Data on incidents of sexual assault shared
26.35with campus security officers or campus administrators responsible for investigating
27.1adjudicating complaints of sexual assault are classified as private data on individuals
27.2defined by section 13.02, subdivision 12, for the purposes of postsecondary institutions
27.3subject to the requirements of chapter 13. Postsecondary institutions not otherwise
27.4to chapter 13 must limit access to the data to only the data subject and persons whose
27.5work assignments reasonably require access.
27.6(b) Only individuals with explicit authorization from an institution may enter, update,
27.7or access electronic data collected, created, or maintained under this section. The
27.8authorized individuals to enter, update, or access data must be limited through the
27.9role-based access that corresponds to the official duties or training level of the
27.10and the institutional authorization that grants access for that purpose. All actions
27.11data are entered, updated, accessed, shared, or disseminated outside of the institution
27.12must be recorded in a data audit trail. An institution shall immediately and permanently
27.13revoke the authorization of any individual determined to have willfully entered, updated,
27.14accessed, shared, or disseminated data in violation of this subdivision or any provision
27.15chapter 13. If an individual is determined to have willfully gained access to data
27.16explicit authorization, the matter shall be forwarded to a county attorney for prosecution.
Sec. 10. Minnesota Statutes 2014, section 135A.15, is amended by adding a
subdivision to read:
27.19 Subd. 8. Comprehensive training. (a) The Board of Trustees of the Minnesota
27.20State Colleges and Universities shall, and the University of Minnesota is requested
27.21to, provide campus security officers and campus administrators responsible for
27.22investigating or adjudicating complaints of sexual assault with comprehensive training
27.23preventing and responding to sexual assault in collaboration with the Bureau of Criminal
27.24Apprehension or another law enforcement agency with expertise in criminal sexual
27.25conduct. The training for campus security officers shall include a presentation on
27.26dynamics of sexual assault, neurobiological responses to trauma, and best practices
27.27preventing, responding to, and investigating sexual assault. The training for campus
27.28administrators responsible for investigating or adjudicating complaints on sexual
27.29shall include presentations on preventing sexual assault, responding to incidents
27.30sexual assault, the dynamics of sexual assault, neurobiological responses to trauma,
27.31compliance with state and federal laws on sexual assault.
27.32(b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
27.33and the University of Minnesota is requested to, require that the following categories
27.34students complete a training on sexual assault:
27.35(1) students pursuing a degree or certificate;
28.1(2) students who are taking courses through the Postsecondary Enrollment Options
28.3(3) any other categories of students determined by the institution.
28.4Students must complete such training no later than ten business days after the start
28.5student's first semester of classes. Once a student completes such training, institutions
28.6must document the student's completion of the training and provide proof of training
28.7completion to a student at the student's request. Students enrolled at more than one
28.8institution within the same system at the same time are only required to complete
28.9training once. This training shall include information about topics including, but
28.10limited to, sexual assault as defined in subdivision 2; consent as defined in section
28.11subdivision 4; preventing and reducing the prevalence of sexual assault; procedures
28.12reporting campus sexual assault; and campus resources on sexual assault, including
28.13organizations that support victims of sexual assault.
28.14(c) The Board of Trustees of the Minnesota State Colleges and Universities shall,
28.15and the University of Minnesota is requested to, annually train individuals responsible
28.16for responding to reports of sexual assault. This training shall include information
28.17best practices for interacting with victims of sexual assault, including how to reduce
28.18emotional distress resulting from the reporting, investigatory, and disciplinary process.
Sec. 11. Minnesota Statutes 2014, section 135A.15, is amended by adding a
subdivision to read:
28.21 Subd. 9. Student health services. (a) The Board of Trustees of the Minnesota State
28.22Colleges and Universities shall, and the University of Minnesota is requested to,
28.23and implement a policy that requires student health service providers to screen students
28.24for incidents of sexual assault and provide care to sexual assault victims. Student
28.25service providers shall offer students information on resources available to victims
28.26survivors of sexual assault including counseling, mental health services, and procedures
28.27for reporting incidents of sexual assault to the institution.
28.28(b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
28.29the University of Minnesota is requested to, require that each institution offering
28.30health or counseling services designate an existing staff member or existing staff
28.31as confidential resources for victims of sexual assault. The confidential resource
28.32available to meet with victims of sexual assault on a walk-in basis. The confidential
28.33resource must provide victims of sexual assault with information about locally available
28.34resources for victims of sexual assault including, but not limited to, mental health
28.35and legal assistance. The confidential resource must provide victims of sexual assault
29.1with information about the process for reporting an incident of sexual assault to
29.2authorities or local law enforcement. The victim of sexual assault shall decide whether
29.3to report an incident of sexual assault to campus authorities or local law enforcement.
29.4Confidential resources must be trained in all aspects of responding to incidents of
29.5assault including, but not limited to, best practices for interacting with victims
29.6preserving evidence, campus disciplinary and local legal processes, and locally available
29.7resources for victims of sexual assault. Data shared with a confidential resource
29.8classified as sexual assault communication data as defined by section 13.822, subdivision
29.9EFFECTIVE DATE.The policy required under this subdivision must be in place
29.10by January 1, 2017.
Sec. 12. [626.891] COOPERATION WITH POSTSECONDARY INSTITUTIONS.
29.12Local law enforcement agencies, including law enforcement agencies operated
29.13by statutory cities, home rule charter cities, and counties must enter into and honor
29.14memoranda of understanding required under section 135A.15.
Sec. 13. EFFECTIVE DATE.
29.16This article is effective August 1, 2016.