SF 5514

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/07/2024 09:05am

A bill for an act
relating to higher education; requiring cancellation of student organizations
endorsing terrorism; removing financial aid eligibility for students who endorse
terrorism; proposing coding for new law in Minnesota Statutes, chapters 135A;
136A.

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

Section 1.

new text begin [135A.154] CANCELLATION OF STUDENT ORGANIZATIONS
ENDORSING TERRORISM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Student organization" means a group officially recognized, registered, or supported
by a postsecondary institution, or a group seeking such official recognition, registration, or
support, that is comprised of students enrolled at the institution.
new text end

new text begin (c) "Terrorism" means international terrorism or domestic terrorism, as those terms are
defined by United States Code, title 18, section 2331.
new text end

new text begin (d) "Terrorist organization" means an organization that has been designated as a foreign
terrorist organization by the United States Secretary of State under United States Code, title
8, section 1189.
new text end

new text begin Subd. 2. new text end

new text begin Scope. new text end

new text begin This section applies to:
new text end

new text begin (1) a postsecondary institution governed by the Board of Trustees of the Minnesota State
Colleges and Universities;
new text end

new text begin (2) a postsecondary institution governed by the Board of Regents of the University of
Minnesota; and
new text end

new text begin (3) a private postsecondary institution that is an eligible institution as defined in section
136A.103.
new text end

new text begin Subd. 3. new text end

new text begin Cancellation required. new text end

new text begin (a) An institution subject to this section must cancel
the recognition or registration of and cease provision of any monetary or nonmonetary
support to a student organization that the institution determines has endorsed or promoted
terrorism or the actions of a terrorist organization.
new text end

new text begin (b) An institution subject to this section must provide the commissioner of the Office
of Higher Education the names of students who are known members of a student organization
canceled under paragraph (a) for investigation under section 136A.105.
new text end

new text begin Subd. 4. new text end

new text begin Policy required. new text end

new text begin (a) An institution subject to this section must adopt a policy
to enforce the requirements of this section. The policy must, at a minimum:
new text end

new text begin (1) allow students and other individuals to anonymously report alleged violations of this
section by a student organization at the institution; and
new text end

new text begin (2) include appropriate procedures for investigating alleged violations, determining
whether a violation occurred, and imposing consequences required under subdivision 3.
new text end

new text begin (b) An institution subject to this section must provide each student organization
information regarding its policy.
new text end

Sec. 2.

new text begin [136A.105] STUDENTS WHO ENDORSE TERRORISM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Terrorism" means international terrorism or domestic terrorism, as those terms are
defined by United States Code, title 18, section 2331.
new text end

new text begin (c) "Terrorist organization" means an organization that has been designated as a foreign
terrorist organization by the United States Secretary of State under United States Code, title
8, section 1189.
new text end

new text begin Subd. 2. new text end

new text begin Ineligibility for state financial aid. new text end

new text begin If the commissioner determines that a
student has endorsed or promoted terrorism or the actions of a terrorist organization:
new text end

new text begin (1) the student is ineligible for any grant or scholarship under this chapter; and
new text end

new text begin (2) the commissioner must not award or provide to the student any grant or scholarship
under this chapter for any subsequent academic term.
new text end

new text begin Subd. 3. new text end

new text begin Investigation and determination. new text end

new text begin (a) The commissioner has authority to
receive, review, and take appropriate action on allegations that a student has endorsed or
promoted terrorism or the actions of a terrorist organization. An allegation may be reported
anonymously. An allegation includes the names of students provided by a postsecondary
institution under section 135A.154, subdivision 3, paragraph (b).
new text end

new text begin (b) The commissioner must initiate an investigation upon receipt of an allegation under
paragraph (a). Notwithstanding section 13.39, a student subject to an investigation shall be
informed of the allegation, the processes of the investigation, and the potential consequences
of a determination. A student subject to an investigation may provide a statement to the
commissioner. Notwithstanding section 13.39, upon completing an investigation, the
commissioner shall inform the student of:
new text end

new text begin (1) the outcome of the investigation;
new text end

new text begin (2) whether the commissioner has determined that the student has endorsed or promoted
terrorism or the actions of a terrorist organization;
new text end

new text begin (3) appeal rights under paragraph (c), if applicable; and
new text end

new text begin (4) any applicable consequences on the student's financial aid.
new text end

new text begin (c) A determination by the commissioner under this section is appealable in accordance
with the contested case review procedures in chapter 14. The request for an appeal must be
made in writing to the commissioner within 30 days of the date the student is notified of
the commissioner's determination. A determination is not effective while an appeal is
pending.
new text end

new text begin (d) Data collected, created, received, or maintained by the commissioner under this
section are subject to section 13.39.
new text end