CONFERENCE COMMITTEE REPORT ON S.F. No. 943
relating to higher education; appropriating money for an education debt relief
grant; requiring a report.
May 21, 2017
The Honorable Michelle L. Fischbach
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S.F. No. 943 report that we have agreed upon the
items in dispute and recommend as follows:
That the House recede from its amendment and that S.F. No. 943 be further amended
Delete everything after the enacting clause and insert:
1.16HIGHER EDUCATION APPROPRIATIONS
1.18The sums shown in the columns marked "Appropriations" are appropriated to the agencies
1.19and for the purposes specified in this article. The appropriations are from the general
1.20or another named fund, and are available for the fiscal years indicated for each purpose.
1.21The figures "2018" and "2019" used in this article mean that the appropriations listed
1.22them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.23"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The
1.24is fiscal years 2018 and 2019.
|Section 1. 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.
|Subd. 2.State Grants
|Subd. 3.Child Care Grants
|Subd. 4.State Work-Study
2.16If the appropriation in this subdivision for
2.17either year is insufficient, the appropriation
2.18for the other year is available to meet
2.19reciprocity contract obligations.
|Subd. 5.Interstate Tuition Reciprocity
2.21This appropriation is to provide educational
2.22benefits under Minnesota Statutes, section
2.23299A.45, to eligible dependent children and
2.24to the spouses of public safety officers killed
2.25in the line of duty.
2.26If the appropriation in this subdivision for
2.27either year is insufficient, the appropriation
2.28for the other year is available for it.
|Subd. 6.Safety Officer's Survivors
2.30The commissioner must contract with or
2.31employ at least one person with demonstrated
2.32competence in American Indian culture and
2.33residing in or near the city of Bemidji to assist
3.1students with the scholarships under
3.2Minnesota Statutes, section 136A.126, and
3.3with other information about financial aid for
3.4which the students may be eligible. Bemidji
3.5State University must provide office space at
3.6no cost to the Office of Higher Education for
3.7purposes of administering the American Indian
3.8scholarship program under Minnesota Statutes,
3.9section 136A.126. This appropriation includes
3.10funding to administer the American Indian
|Subd. 7.Indian Scholarships
3.13For tribal college assistance grants under
3.14Minnesota Statutes, section 136A.1796.
|Subd. 8.Tribal College Grants
3.17For the intervention for college attendance
3.18program under Minnesota Statutes, section
3.20The commissioner may use no more than three
3.21percent of this appropriation to administer the
3.22intervention for college attendance program
|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
3.31For a grant to United Family Medicine
3.32residency program. This appropriation shall
3.33be used to support up to 21 resident physicians
3.34each year in family practice at United Family
3.35Medicine residency programs and shall
4.1prepare doctors to practice family care
4.2medicine in underserved rural and urban areas
4.3of the state. It is intended that this program
4.4will improve health care in underserved
4.5communities, provide affordable access to
4.6appropriate medical care, and manage the
4.7treatment of patients in a cost-effective
|Subd. 14.United Family Medicine Residency
|Subd. 15.MnLINK Gateway and Minitex
|Subd. 16.Statewide Longitudinal Education
4.13For transfer to Hennepin County Medical
4.14Center for graduate family medical education
4.15programs at Hennepin County Medical Center.
|Subd. 17.Hennepin County Medical Center
4.18(a) $2,780,000 in fiscal year 2018 is for
4.19two-year public college program grants under
4.20Laws 2015, chapter 69, article 3, section 20.
4.21(b) $545,000 in fiscal year 2018 is to provide
4.22mentoring and outreach as specified under
4.23Laws 2015, chapter 69, article 3, section 20.
4.24(c) $156,000 in fiscal year 2018 is for
4.25information technology and administrative
4.26costs associated with implementation of the
|Subd. 18.MNSCU Two-Year Public College
4.29(a) This appropriation is for immediate transfer
4.30to College Possible to support programs of
4.31college admission and college graduation for
4.32low-income students through an intensive
4.33curriculum of coaching and support at both
4.34the high school and postsecondary level.
5.1(b) This appropriation must, to the extent
5.2possible, be proportionately allocated between
5.3students from greater Minnesota and students
5.4in the seven-county metropolitan area.
5.5(c) This appropriation must be used by College
5.6Possible only for programs supporting students
5.7who are residents of Minnesota and attending
5.8colleges or universities within Minnesota.
5.9(d) By February 1 of each year, College
5.10Possible must report to the chairs and ranking
5.11minority members of the legislative
5.12committees and divisions with jurisdiction
5.13over higher education and E-12 education on
5.14activities funded by this appropriation. The
5.15report must include, but is not limited to,
5.16information about the expansion of College
5.17Possible in Minnesota, the number of College
5.18Possible coaches hired, the expansion within
5.19existing partner high schools, the expansion
5.20of high school partnerships, the number of
5.21high school and college students served, the
5.22total hours of community service by high
5.23school and college students, and a list of
5.24communities and organizations benefiting
5.25from student service hours.
|Subd. 19.College Possible
5.28For spinal cord injury and traumatic brain
5.29injury research grants authorized under
5.30Minnesota Statutes, section 136A.901.
5.31The commissioner may use no more than three
5.32percent of this appropriation to administer the
5.33grant program under this subdivision.
|Subd. 20.Spinal Cord Injury and Traumatic
Brain Injury Research Grant Program
6.1For summer academic enrichment grants under
6.2Minnesota Statutes, section 136A.091.
6.3The commissioner may use no more than three
6.4percent of this appropriation to administer the
6.5grant program under this subdivision.
|Subd. 21.Summer Academic Enrichment
6.8For training grants under Minnesota Statutes,
6.10The commissioner may use no more than three
6.11percent of this appropriation to administer the
6.12grant program under this subdivision.
|Subd. 22.Dual Training Competency Grants;
Office of Higher Education
6.15For transfer to the commissioner of labor and
6.16industry for identification of competency
6.17standards for dual training under Minnesota
6.18Statutes, section 175.45.
|Subd. 23.Dual Training Competency Grants;
Department of Labor and Industry
6.20(a) $225,000 in fiscal year 2018 and $225,000
6.21in fiscal year 2019 are for grants to develop
6.22new concurrent enrollment courses under
6.23Minnesota Statutes, section 124D.09,
6.24subdivision 10, that satisfy the elective
6.25standard for career and technical education.
6.26Any balance in the first year does not cancel
6.27but is available in the second year.
6.28(b) $115,000 in fiscal year 2018 and $115,000
6.29in fiscal year 2019 are for grants to
6.30postsecondary institutions currently
6.31sponsoring a concurrent enrollment course to
6.32expand existing programs. The commissioner
6.33shall determine the application process and
6.34the grant amounts. The commissioner must
7.1give preference to expanding programs that
7.2are at capacity. Any balance in the first year
7.3does not cancel but is available in the second
7.5(c) By December 1 of each year, the office
7.6shall submit a brief report to the chairs and
7.7ranking minority members of the legislative
7.8committees with jurisdiction over higher
7.10(1) the courses developed by grant recipients
7.11and the number of students who enrolled in
7.12the courses under paragraph (a); and
7.13(2) the programs expanded and the number of
7.14students who enrolled in programs under
|Subd. 24.Concurrent Enrollment Courses
7.17For the sexual assault reporting required under
7.18Minnesota Statutes, section 135A.15.
|Subd. 25.Campus Sexual Assault Reporting
7.21For the Office of Higher Education to staff a
7.22campus sexual violence prevention and
7.23response coordinator to serve as a statewide
7.24resource providing professional development
7.25and guidance on best practices for
7.26postsecondary institutions. $50,000 each year
7.27are for administrative funding to conduct
7.28trainings and provide materials to
|Subd. 26.Campus Sexual Violence Prevention
and Response Coordinator
7.32For the addiction medicine graduate fellowship
7.33program under Laws 2016, chapter 189, article
7.341, section 2, subdivision 4.
|Subd. 27.Addiction Medicine Graduate
8.3For a grant to the Minnesota Chamber
8.4Foundation for the creation of a web-based
8.5job and intern-seeking software tool that blind
8.6matches the needs of employers located in
8.7Minnesota with the individual profiles of high
8.8school seniors and postsecondary students
8.9attending Minnesota high schools and
8.10postsecondary institutions. No more than three
8.11percent of this appropriation may be used for
8.12administrative expenses of the foundation. The
8.13foundation must report by January 15, 2019,
8.14on activities under this subdivision to the
8.15chairs and ranking minority members of the
8.16legislative committees with jurisdiction over
8.17higher education finance.
|Subd. 28.Student and Employer Connection
8.20(a) This appropriation is for the Office of
8.21Higher Education to allocate grant funds on a
8.22matching basis to schools with a demonstrable
8.23homeless student population.
8.24(b) This appropriation shall be used to meet
8.25immediate student needs that could result in
8.26a student not completing the term or their
8.27program including, but not limited to,
8.28emergency housing, food, and transportation.
8.29Emergency assistance does not impact the
8.30amount of state financial aid received.
8.31(c) The commissioner shall determine the
8.32application process and the grant amounts.
8.33Any balance in the first year does not cancel
8.34but shall be available in the second year. The
8.35Office of Higher Education shall partner with
9.1interested postsecondary institutions, other
9.2state agencies, and student groups to establish
|Subd. 29.Emergency Assistance for
9.5For grants to teacher candidates under
9.6Minnesota Statutes, section 136A.1275. This
9.7appropriation is in addition to the money
9.8available under Laws 2016, chapter 189,
9.9article 25, section 62, subdivision 11.
9.10The commissioner may use no more than three
9.11percent of the appropriation for administration
9.12of the program.
|Subd. 30.Grants to Teacher Candidates
9.14For the loan forgiveness program under
9.15Minnesota Statutes, section 136A.1791.
9.16The commissioner may use no more than three
9.17percent of this appropriation to administer the
9.18program under this subdivision.
|Subd. 31.Teacher Shortage Loan Forgiveness
9.21For the large animal veterinarian loan
9.22forgiveness program under Minnesota Statutes,
|Subd. 32.Large Animal Veterinarian Loan
9.26For deposit in the agricultural education loan
|Subd. 33.Agricultural Educators Loan
9.30For the aviation degree loan forgiveness
9.31program under Minnesota Statutes, section
|Subd. 34.Aviation Degree Loan Forgiveness
10.1For grants for students with intellectual and
10.2developmental disabilities under Minnesota
10.3Statutes, section 136A.1215.
|Subd. 35.Grants for Students with Intellectual
and Developmental Disabilities
10.5For a grant to the Loan Repayment Assistance
10.6Program of Minnesota to provide education
10.7debt relief to attorneys with full-time
10.8employment providing legal advice or
10.9representation to low-income clients or support
10.10services for this work.
|Subd. 36.Loan Repayment Assistance Program
10.12For a grant to Minnesota Life College for
10.13need-based scholarships and tuition reduction.
|Subd. 37.Minnesota Life College
|Subd. 38.Agency Administration
10.16A balance in the first year under this section
10.17does not cancel, but is available for the second
10.20The commissioner of the Office of Higher
10.21Education may transfer unencumbered
10.22balances from the appropriations in this
10.23section to the state grant appropriation, the
10.24interstate tuition reciprocity appropriation, the
10.25child care grant appropriation, the Indian
10.26scholarship appropriation, the state work-study
10.27appropriation, the get ready appropriation, and
10.28the public safety officers' survivors
10.29appropriation. Transfers from the child care
10.30or state work-study appropriations may only
10.31be made to the extent there is a projected
10.32surplus in the appropriation. A transfer may
10.33be made only with prior written notice to the
10.34chairs and ranking minority members of the
11.1senate and house of representatives
11.2committees with jurisdiction over higher
|Subd. 39.Balances Forward
|Sec. 3. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND
11.8The amounts that may be spent for each
11.9purpose are specified in the following
|Subdivision 1.Total Appropriation
11.12For the Office of the Chancellor and the
11.13Shared Services Division.
|Subd. 2.Central Office and Shared Services Unit
11.15(a) The Board of Trustees must establish
11.16tuition rates as follows:
11.17(1) for the 2017-2018 academic year, the
11.18tuition rate at colleges must not exceed the
11.192016-2017 academic year rate by more than
11.20one percent; and
11.21(2) for the 2018-2019 academic year, the
11.22tuition rates for undergraduates at colleges and
11.23universities must not exceed the 2017-2018
11.24academic year rates.
11.25The student tuition relief may not be offset by
11.26increases in mandatory fees, charges, or other
11.27assessments to the student. Colleges and
11.28universities are permitted to increase
11.29differential tuition charges in fiscal years 2018
11.30and 2019 where costs for course or program
11.31delivery have increased due to extraordinary
11.32circumstances beyond the control of the
11.33college or university. Rates and rationale must
11.34be approved by the Board of Trustees.
12.1(b) $3,000,000 in fiscal year 2018 and
12.2$3,000,000 in fiscal year 2019 are to provide
12.3the supplemental aid under article 2, section
12.5(c) The Board of Trustees is requested to help
12.6Minnesota close the attainment gap by funding
12.7activities which improve retention and
12.8completion for students of color.
12.9(d) This appropriation includes $1,000,000 in
12.10fiscal year 2019 for workforce development
12.11scholarships under Minnesota Statutes, section
12.12136F.38. The base for this appropriation in
12.13fiscal year 2020 is $500,000.
12.14(e) $200,000 each year is for transfer to the
12.15Cook County Higher Education Board to
12.16provide educational programming and
12.17academic support services to remote regions
12.18in northeastern Minnesota. The Cook County
12.19Higher Education Board shall continue to
12.20provide information to the Board of Trustees
12.21on the number of students served, credit hours
12.22delivered, and services provided to students.
12.23(f) $50,000 in fiscal year 2018 and $50,000 in
12.24fiscal year 2019 are for developing and
12.25teaching online agricultural courses by farm
12.26business management faculty at colleges that
12.27offer farm business management.
12.28(g) $175,000 in fiscal year 2018 and $175,000
12.29in fiscal year 2019 are for the
12.30veterans-to-agriculture pilot program
12.31established by Laws 2015, chapter 69, article
12.321, section 4, subdivision 3. The program shall
12.33continue to conform to the requirements of
12.34that subdivision. The appropriation shall be
13.1used to support, in equal amounts, up to six
13.2program sites statewide. No more than two
13.3percent of the total appropriation provided by
13.4this section may be used for administrative
13.5purposes at the system level.
13.6No later than December 15, 2018, the program
13.7shall report to the committees of the house of
13.8representatives and the senate with jurisdiction
13.9over issues related to agriculture, veterans
13.10affairs, and higher education on program
13.11operations, including information on
13.12participation rates, new job placements, and
13.13any unmet needs.
13.14(h) This appropriation includes $40,000 in
13.15fiscal year 2018 and $40,000 in fiscal year
13.162019 to implement the sexual assault policies
13.17required under Minnesota Statutes, section
13.19(i) This appropriation includes $4,000,000 in
13.20fiscal year 2018 and $4,000,000 in fiscal year
13.212019 for upgrading the Integrated Statewide
13.23(j) $100,000 in fiscal year 2018 is for use by
13.24Winona State University for HealthForce
13.25Minnesota to develop educational materials
13.26that increase awareness of career opportunities
13.27available in the field of senior care. The
13.28educational materials developed under this
13.29provision must be appropriate for students in
13.30K-12 education settings, dislocated workers,
13.31and rural communities. Materials must be
13.32developed in collaboration with employers
13.33and trade organizations representing
13.34employers in the field of senior care.
14.1Winona State University shall submit a report
14.2by February 1, 2019, to the chairs and ranking
14.3minority members of the legislative
14.4committees with jurisdiction over higher
14.5education finance and policy. The report must
14.6include information about the materials
14.7developed, to whom materials were
14.8distributed, and identify any collaborations
14.9with employers and trade organizations.
|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
14.18The amounts that may be spent for each
14.19purpose are specified in the following
|Appropriations by Fund
|Health Care Access
14.22(a) The Board of Regents is requested to set
14.23resident tuition rates for academic year
14.242018-2019 at levels not to exceed the rates for
14.25academic year 2017-2018.
14.26(b) $15,000,000 in fiscal year 2018 and
14.27$15,000,000 in fiscal year 2019 are to: (1)
14.28increase the medical school's research
14.29capacity; (2) improve the medical school's
14.30ranking in National Institutes of Health
14.31funding; (3) ensure the medical school's
14.32national prominence by attracting and
14.33retaining world-class faculty, staff, and
14.34students; (4) invest in physician training
15.1programs in rural and underserved
15.2communities; and (5) translate the medical
15.3school's research discoveries into new
15.4treatments and cures to improve the health of
15.6(c) $7,800,000 in fiscal year 2018 and
15.7$7,800,000 in fiscal year 2019 are for health
15.8training restoration. This appropriation must
15.9be used to support all of the following: (1)
15.10faculty physicians who teach at eight residency
15.11program sites, including medical resident and
15.12student training programs in the Department
15.13of Family Medicine; (2) the Mobile Dental
15.14Clinic; and (3) expansion of geriatric
15.15education and family programs.
15.16(d) $4,000,000 in fiscal year 2018 and
15.17$4,000,000 in fiscal year 2019 are for the
15.18Minnesota Discovery, Research, and
15.19InnoVation Economy funding program for
15.20cancer care research.
15.21(e) $50,000 in fiscal year 2018 is to develop
15.22and implement a plan to offer the academic
15.23program for students with intellectual and
15.24developmental disabilities required in article
15.252, section 17. The Board of Regents must
15.26submit a report on the plan to the chairs and
15.27ranking minority members of the committees
15.28of the legislature with jurisdiction over higher
15.29education finance and policy no later than
15.30January 15, 2018. The report must describe
15.31program plans, including strategies for
15.32recruitment of applicants, and strategies to
15.33address anticipated program needs that cannot
15.34be filled using existing campus or system
15.35resources. This is a onetime appropriation.
16.1(f) $500,000 in fiscal year 2018 and $500,000
16.2in fiscal year 2019 are for the University of
16.3Minnesota, Morris branch, to cover the costs
16.4of tuition waivers under Minnesota Statutes,
|Subd. 2.Operations and Maintenance
16.7This appropriation is from the health care
|Subd. 3.Primary Care Education Initiatives
|Subd. 4.Special Appropriations
16.11For the Agricultural Experiment Station and
16.12the Minnesota Extension Service:
16.13(1) the agricultural experiment stations and
16.14Minnesota Extension Service must convene
16.15agricultural advisory groups to focus research,
16.16education, and extension activities on producer
16.17needs and implement an outreach strategy that
16.18more effectively and rapidly transfers research
16.19results and best practices to producers
16.20throughout the state;
16.21(2) this appropriation includes funding for
16.22research and outreach on the production of
16.23renewable energy from Minnesota biomass
16.24resources, including agronomic crops, plant
16.25and animal wastes, and native plants or trees.
16.26The following areas should be prioritized and
16.27carried out in consultation with Minnesota
16.28producers, renewable energy, and bioenergy
16.30(i) biofuel and other energy production from
16.31perennial crops, small grains, row crops, and
16.32forestry products in conjunction with the
16.33Natural Resources Research Institute (NRRI);
17.1(ii) alternative bioenergy crops and cropping
17.3(iii) biofuel coproducts used for livestock feed;
17.4(3) this appropriation includes funding for the
17.5College of Food, Agricultural, and Natural
17.6Resources Sciences to establish and provide
17.7leadership for organic agronomic,
17.8horticultural, livestock, and food systems
17.9research, education, and outreach and for the
17.10purchase of state-of-the-art laboratory,
17.11planting, tilling, harvesting, and processing
17.12equipment necessary for this project;
17.13(4) this appropriation includes funding for
17.14research efforts that demonstrate a renewed
17.15emphasis on the needs of the state's agriculture
17.16community. The following areas should be
17.17prioritized and carried out in consultation with
17.18Minnesota farm organizations:
17.19(i) vegetable crop research with priority for
17.20extending the Minnesota vegetable growing
17.22(ii) fertilizer and soil fertility research and
17.24(iii) soil, groundwater, and surface water
17.25conservation practices and contaminant
17.27(iv) discovering and developing plant varieties
17.28that use nutrients more efficiently;
17.29(v) breeding and development of turf seed and
17.30other biomass resources in all three Minnesota
18.1(vi) development of new disease-resistant and
18.2pest-resistant varieties of turf and agronomic
18.4(vii) utilizing plant and livestock cells to treat
18.5and cure human diseases;
18.6(viii) the development of dairy coproducts;
18.7(ix) a rapid agricultural response fund for
18.8current or emerging animal, plant, and insect
18.9problems affecting production or food safety;
18.10(x) crop pest and animal disease research;
18.11(xi) developing animal agriculture that is
18.12capable of sustainably feeding the world;
18.13(xii) consumer food safety education and
18.15(xiii) programs to meet the research and
18.16outreach needs of organic livestock and crop
18.18(xiv) alternative bioenergy crops and cropping
18.19systems; and growing, harvesting, and
18.20transporting biomass plant material; and
18.21(5) by February 1, 2019, the Board of Regents
18.22must submit a report to the legislative
18.23committees and divisions with jurisdiction
18.24over agriculture and higher education finance
18.25on the status and outcomes of research and
18.26initiatives funded in this paragraph.
|(a) Agriculture and Extension Service
18.28$346,000 each year is to support up to 12
18.29resident physicians in the St. Cloud Hospital
18.30family practice residency program. The
18.31program must prepare doctors to practice
18.32primary care medicine in rural areas of the
18.33state. The legislature intends this program to
19.1improve health care in rural communities,
19.2provide affordable access to appropriate
19.3medical care, and manage the treatment of
19.4patients in a more cost-effective manner. The
19.5remainder of this appropriation is for the rural
19.6physicians associates program; the Veterinary
19.7Diagnostic Laboratory; health sciences
19.8research; dental care; the Biomedical
19.9Engineering Center; and the collaborative
19.10partnership between the University of
19.11Minnesota and Mayo Clinic for regenerative
19.12medicine, research, clinical translation, and
|(b) Health Sciences
19.15For the geological survey and the talented
19.16youth mathematics program.
|(c) Institute of Technology
19.18For general research, the Labor Education
19.19Service, Natural Resources Research Institute,
19.20Center for Urban and Regional Affairs, Bell
19.21Museum of Natural History, and the
19.23$2,000,000 in fiscal year 2018 and $2,000,000
19.24in fiscal year 2019 are for the Natural
19.25Resources Research Institute to invest in
19.26applied research for economic development.
|(d) System Special
19.29This appropriation is for the following
19.31(1) $7,491,000 in fiscal year 2018 and
19.32$7,491,000 in fiscal year 2019 are for the
19.33direct and indirect expenses of the
19.34collaborative research partnership between the
20.1University of Minnesota and the Mayo
20.2Foundation for research in biotechnology and
20.3medical genomics. An annual report on the
20.4expenditure of these funds must be submitted
20.5to the governor and the chairs of the legislative
20.6committees responsible for higher education
20.7finance by June 30 of each fiscal year.
20.8(2) $500,000 in fiscal year 2018 and $500,000
20.9in fiscal year 2019 are to award competitive
20.10grants to conduct research into the prevention,
20.11treatment, causes, and cures of Alzheimer's
20.12disease and other dementias.
|(e) University of Minnesota and Mayo
20.14The appropriation for Academic Health Center
20.15funding under Minnesota Statutes, section
20.16297F.10, is estimated to be $22,250,000 each
|Subd. 5.Academic Health Center
|Sec. 5. MAYO CLINIC
20.20The amounts that may be spent are specified
20.21in the following subdivisions.
|Subdivision 1.Total Appropriation
20.23The state must pay a capitation each year for
20.24each student who is a resident of Minnesota.
20.25The appropriation may be transferred between
20.26each year of the biennium to accommodate
20.27enrollment fluctuations. It is intended that
20.28during the biennium the Mayo Clinic use the
20.29capitation money to increase the number of
20.30doctors practicing in rural areas in need of
|Subd. 2.Medical School
21.1The state must pay stipend support for up to
21.227 residents each year.
|Subd. 3.Family Practice and Graduate
21.4HIGHER EDUCATION POLICY
Section 1. Minnesota Statutes 2016, section 43A.06, subdivision 1, is amended to read:
Subdivision 1. General.
(a) The commissioner shall perform the duties assigned to the
commissioner by sections
and this section.
(b) The commissioner shall be the state labor negotiator for purposes of negotiating
administering agreements with exclusive representatives of employees and shall perform
any other duties delegated by the commissioner subject to the limitations in paragraph
(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise
the powers under this section for employees included in the units provided in clauses
(10), and (11) of section
179A.10, subdivision 2
, except with respect to sections
, which shall continue to be the responsibility of the commissioner. The commissioner
shall have the right to review and comment to the Minnesota State Colleges and Universities
on the board's final proposals prior to exchange of final positions with the designated
bargaining units as well as any requests for interest arbitration. The legislature encourages
21.18the Board of Trustees, in coordination with the commissioner of management and budget
21.19and the Board of Regents of the University of Minnesota, to endeavor in collective
21.20negotiations to seek fiscal balance recognizing the ability of the employer to fund
21.21agreements or awards.
When submitting a proposed collective bargaining agreement to the
Legislative Coordinating Commission and the legislature under section
, the Board of Trustees must use procedures and assumptions consistent with those
by the commissioner in calculating the costs of the proposed contract. The Legislative
Coordinating Commission must, when considering a collective bargaining agreement or
arbitration award submitted by the Board of Trustees, evaluate market conditions affecting
the employees in the bargaining unit, equity with other bargaining units in the executive
branch, and the ability of the trustees and the state to fund the agreement or award.
Sec. 2. Minnesota Statutes 2016, section 135A.031, subdivision 7, is amended to read:
Subd. 7. Reports.
(a) The University of Minnesota and the Minnesota State Colleges
and Universities systems shall include in their biennial budget proposals to the legislature:
(1) a five-year history of systemwide expenditures, reported by:
(i) functional areas, including instruction, research, public service, student financial
and auxiliary services, and including direct costs and indirect costs, such as institutional
support, academic support, student services, and facilities management, associated
each functional area; and
(ii) objects of expenditure, such as salaries, benefits, supplies, and equipment, including
22.6a full explanation of all material changes to the expenditure categories when compared
22.7the prior fiscal year
(2) a five-year history of the system's total instructional expenditures per full-year
equivalent student, by level of instruction, including upper-division undergraduate,
lower-division undergraduate, graduate, professional, and other categories of instructional
programs offered by the system;
(3) a five-year history of the system's total revenues by funding source, including
state operations and maintenance appropriations, state special appropriations, other
state funds, federal appropriations, sponsored research funds, gifts, auxiliary revenue,
cost recovery, and any other revenue sources;
(4) an explanation describing how state appropriations made to the system in the previous
biennium were allocated and the methodology used to determine the allocation;
(5) data describing how the institution reallocated resources to advance the priorities
forth in the budget submitted under section
and the statewide objectives under
. The information must indicate whether instruction and support programs
received a reduction in or additional resources. The total amount reallocated must
(6) the tuition rates and fees established by the governing board in each of the past
years and comparison data for peer institutions and national averages;
(7) data on the number and proportion of students graduating within four, five, and
years from universities and within three years from colleges as reported in the integrated
postsecondary education data system. These data must be provided for each institution
race, ethnicity, and gender. Data and information must be submitted that describe
plan and progress toward attaining the goals set forth in the plan to increase the
proportion of students that graduate within four, five, or six years from a university
three years from a college;
(8) data on, and the methodology used to measure, the number of students traditionally
underrepresented in higher education enrolled at the system's institutions. Data and
information must be submitted that describe the system's plan and progress toward
the goals set forth in the plan to increase the recruitment, retention, and timely
of students traditionally underrepresented in higher education;
(9) data on the revenue received from all sources to support research or workforce
development activities or the system's efforts to license, sell, or otherwise market
ideas, technology, and related inventions created in whole or in part by the system.
and information must be submitted that describe the system's plan and progress toward
attaining the goals set forth in the plan to increase the revenue received to support
or workforce development activities or revenue received from the licensing, sale,
marketing and technology transfer activities by the system;
23.11 (10) data on consulting contracts from the last two completed fiscal years for which
23.12work is performed by a consultant who is not an employee of the system, for which
23.13system paid in excess of $500,000. Data must include the name of the consultant, the
23.14value of the contract, a description of the work completed, and a description of the
23.15for using an outside consultant and not internal staff. Consulting contracts are defined
23.16contracts from management, investment and financial advisory services, project management,
23.17computer/technology advisory services, and construction project management; and
23.18(11) aggregate data on the following:
23.19(i) student demographics;
23.20(ii) a five-year history of student enrollment, including student enrollment by legislative
23.22(iii) a five-year history of student debt;
23.23(iv) a five-year history of mandatory student fees by campus;
23.24(v) employee head count and employee demographics;
23.25(vi) facilities, including physical space overview, condition, square footage, distribution
23.26by region, any deferred maintenance, and capital bonding requested and received;
23.27(vii) administrative costs, including the definition of "administrators" used by the
23.28the total number of "administrators" as percent of total employee head count, and
23.29office budget for Minnesota State Colleges and Universities as percent of total system
23.30general fund revenue; and
23.31 (viii) college and university operating budgets
(b) Data required by this subdivision shall be submitted by the public postsecondary
systems to the Minnesota Office of Higher Education and the Department of Management
and Budget and included in the biennial budget document. Representatives from each
in consultation with the commissioner of management and budget and the commissioner
of the Office of Higher Education, shall develop consistent reporting practices for
(c) To the extent practicable, each system shall develop the ability to respond to
requests for financial analyses that are more detailed than those required by this
including but not limited to analyses that show expenditures or revenues by institution
program, or in multiple categories of expenditures or revenues, and analyses that
revenue sources for particular types of expenditures.
Sec. 3. [135A.0434] MANDATORY STUDENT ACTIVITY FEES REFERENDUM.
24.13 Subdivision 1. Referendum. The governing body of a public postsecondary institution
24.14must not increase mandatory student activity fees by greater than two percent relative
24.15the previous academic year unless the increase is approved by a majority of students
24.16in a campus referendum. This section does not apply to fees paid by students that
24.17related to academic, administrative, health services, or debt obligations, including
24.18issued under sections 136F.90 to 136F.98. The Board of Regents of the University of
24.19Minnesota is requested to adopt a policy implementing this section.
24.20 Subd. 2. Penalty. If the Board of Regents of the University of Minnesota increases
24.21mandatory student activity fees by more than two percent without approval by a vote
24.22student body as described in subdivision 1, the commissioner of management and budget
24.23shall deduct from the university's appropriation base an amount equal to one percent
24.24university's appropriation base in the first year of the next biennium.
24.25EFFECTIVE DATE.This section is effective beginning September 1, 2017, and applies
24.26to actions taken by a governing body of a public postsecondary institution.
Sec. 4. [135A.158] INFORMATION PROVIDED TO STUDENT PARENTS AND
24.29A public or regionally accredited private postsecondary educational institution must
24.30provide information according to this section to students who are parents of one or
24.31children age 12 or younger, and to students who notify the institution that they are
24.32The information must include a fact sheet on the legal rights of student parents and
24.33students and a list of resources to support student parents and pregnant students.
The list of
25.1resources may include resources for prenatal care, child care, transportation, and
25.2This information must be available in languages that reflect the primary languages
25.3institution's student body. The Board of Regents of the University of Minnesota is
25.4to comply with this section.
Sec. 5. [136A.055] DEVELOPMENTAL EDUCATION REPORTING.
25.6(a) The commissioner must report on the department's Web site the following summary
25.7data on students who graduated from a Minnesota high school and are attending a public
25.8postsecondary institution in Minnesota, limited to the most recent academic school
25.9(1) the number of students placed in supplemental or developmental education;
25.10(2) the number of students who complete supplemental or developmental education
25.11within one academic year;
25.12(3) the number of students that complete gateway courses in one academic year; and
25.13(4) time to complete a degree or certificate at a postsecondary institution.
25.14(b) Summary data must be aggregated by school district, high school, and postsecondary
25.15institution. Summary data must be disaggregated by race, ethnicity, free or reduced-price
25.16lunch eligibility, and age.
25.17(c) The commissioner must post the initial data on the department's Web site on or
25.18February 15, 2018, and must update the data at least annually thereafter.
Sec. 6. Minnesota Statutes 2016, section 136A.101, subdivision 5a, is amended to read:
Subd. 5a. Assigned family responsibility.
"Assigned family responsibility" means the
amount of a family's contribution to a student's cost of attendance, as determined
by a federal
need analysis. For dependent students, the assigned family responsibility is
of the parental contribution. For independent students with dependents other than
the assigned family responsibility is
percent of the student contribution. For
independent students without dependents other than a spouse, the assigned family
percent of the student contribution.
Sec. 7. Minnesota Statutes 2016, section 136A.121, subdivision 6, is amended to read:
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
tuition and fees equal to the lesser of the average tuition and fees charged by the
or a tuition and fee maximum if one is established in law. If no living and miscellaneous
expense allowance is established in law, the allowance is equal to 101 percent of
poverty guidelines for a one person household in Minnesota for nine months. If no
and fee maximum is established in law, the allowance for tuition and fees is equal
lesser of: (1) the average tuition and fees charged by the institution, and (2) for
programs, an amount equal to the highest tuition and fees charged at a public two-year
institution, or for four-year programs, an amount equal to the highest tuition and
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
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 do not
charges for tools, equipment, computers, or other similar materials where the student
ownership. Fees include charges for these materials if the institution retains ownership.
do not include optional or punitive fees.
Sec. 8. [136A.1215] GRANTS FOR STUDENTS WITH INTELLECTUAL AND
26.20 Subdivision 1. Establishment. A program is established to provide financial assistance
26.21to students with intellectual and developmental disabilities that attend a Minnesota
26.23 Subd. 2. Eligible students. A postsecondary student is eligible for a grant under this
26.24section if the student:
26.25(1) meets the eligibility requirements in section 136A.121, subdivision 2;
26.26(2) is a student with an intellectual disability, as defined in Code of Federal Regulations,
26.27title 34, section 668.231, and is enrolled in a comprehensive transition and postsecondary
26.28program under that section; and
26.29(3) attends an eligible institution, as defined in section 136A.101, subdivision 4.
26.30 Subd. 3. Application. To receive a grant under this section, a student must apply in the
26.31form and manner specified by the commissioner.
27.1 Subd. 4. Grant amounts. (a) The amount of a grant under this section equals the tuition
27.2and fees at the student's postsecondary institution, minus:
27.3(1) any Pell or state grants the student receives; and
27.4(2) any institutional aid the student receives.
27.5(b) If appropriations are insufficient to provide the full amount calculated under
27.6(a) to all eligible applicants, the commissioner must reduce the grants of all recipients
27.8 Subd. 5. Reporting. By February 15 of each year, the commissioner of higher education
27.9must submit a report on the details of the program under this section to the legislative
27.10committees with jurisdiction over higher education finance and policy. The report
27.11include the following information, broken out by postsecondary institution:
27.12(1) the number of students receiving an award;
27.13(2) the average and total award amounts; and
27.14(3) summary demographic data on award recipients.
Sec. 9. Minnesota Statutes 2016, section 136A.125, subdivision 2, is amended to read:
Subd. 2. Eligible students.
(a) An applicant is eligible for a child care grant if the
(1) is a resident of the state of Minnesota or the applicant's spouse is a resident
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
of assistance from the Minnesota family investment program;
(4) either has not earned a baccalaureate degree and has been enrolled full time less
semesters or the equivalent, or has earned a baccalaureate degree and has been
enrolled full time less than
semesters or the equivalent in a graduate or professional
(5) is pursuing a nonsectarian program or course of study that applies to an undergraduate,
graduate, or professional degree, diploma, or certificate;
(6) is enrolled in at least six credits in an undergraduate program or one credit
graduate or professional program 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 in
28.6190.05, 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 the term
is entitled to
an additional semester or the equivalent of grant eligibility and will be considered
to be in
continuing enrollment status upon return.
Sec. 10. Minnesota Statutes 2016, 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
(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
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
a range of income and family size.
(c) Applicants with family incomes at or below a percentage of the federal poverty
as determined by the commissioner, will qualify for the maximum award. The commissioner
shall attempt to set the percentage at a level estimated to fully expend the available
appropriation for child care grants. Applicants with family incomes exceeding that
will receive the maximum award minus ten percent of their income exceeding that threshold.
If the result is less than zero, the grant is zero.
(d) The academic year award amount must be disbursed by academic term using the
(1) the academic year amount described in paragraph (b);
(2) divided by the number of terms in the academic year;
(3) divided by 15 for undergraduate students and six for graduate and professional
(4) multiplied by the number of credits for which the student is enrolled that academic
term, up to 15 credits for undergraduate students and six for graduate and professional
(e) Payments shall be made each academic term to the student or to the child care
provider, as determined by the institution. Institutions may make payments more than
within the academic term.
Sec. 11. Minnesota Statutes 2016, section 136A.1275, is amended to read:
GRANTS TO STUDENT TEACHERS IN SHORTAGE AREAS
29.12TEACHER CANDIDATE GRANTS.
Subdivision 1. Establishment. (a)
The commissioner of the Office of Higher Education
must establish a grant program for student teaching stipends for low-income students
in a Board of Teaching-approved teacher preparation program who
are interested in teaching
29.16 in a high needs subject area or region intend to teach in a shortage area
after graduating and
receiving their teaching license or belong to an underrepresented racial or ethnic group
29.18 purposes of this section, "high needs subject area or region" means a shortage of
29.19 teaching in particular subject areas or a shortage of teachers teaching in particular
29.20 of the state identified in the commissioner of education's biennial survey of districts
127A.05, subdivision 6 , or in another Department of Education survey on teacher
29.23(b) "Shortage area" means a license field or economic development region within
29.24Minnesota defined as a shortage area by the Department of Education using data collected
29.25for the teacher supply and demand report under section 127A.05, subdivision 6, or
29.26surveys conducted by the Department of Education that provide indicators for teacher
Subd. 2. Eligibility.
To be eligible for a grant under this section, a teacher candidate
(1) be enrolled in a Board of Teaching-approved teacher preparation program that requires
at least 12 weeks of student teaching
and results in the teacher candidate receiving in order
29.32to be recommended for
a full professional teaching license
enabling the licensee to teach
29.33 in a high needs subject area or region
(2) demonstrate financial need based on criteria established by the commissioner under
30.3(3) intend to teach in a shortage area or belong to an underrepresented racial or
30.5(4) be meeting satisfactory academic progress as defined under section 136A.101,
Subd. 3. Administration; repayment.
(a) The commissioner must establish an
application process and other guidelines for implementing this program, including repayment
30.9responsibilities for stipend recipients who do not complete student teaching or who
30.10Minnesota to teach in another state during the first year after student teaching
(b) The commissioner must determine each academic year the stipend amount up to
based on the amount of available funding
the number of eligible applicants,
30.13and the financial need of the applicants
30.14(c) The percentage of the total award reserved for teacher candidates who identify
30.15belonging to an underrepresented racial or ethnic group must be equal to or greater
30.16total percentage of students of underrepresented racial or ethnic groups as measured
30.17section 120B.35, subdivision 3. If this percentage cannot be met because of a lack
30.18qualifying candidates, the remaining amount may be awarded to teacher candidates who
30.19intend to teach in a shortage area.
Sec. 12. [136A.1789] AVIATION DEGREE LOAN FORGIVENESS PROGRAM.
30.21 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
30.22have the meanings given them.
30.23(b) "Qualified aircraft technician" means an individual who (1) has earned an associate's
30.24or bachelor's degree from a postsecondary institution located in Minnesota, and (2)
30.25obtained an aviation mechanic's certificate from the Federal Aviation Administration.
30.26(c) "Qualified education loan" means a government, commercial, or foundation loan
30.27used by an individual for actual costs paid for tuition to a postsecondary institution
30.28in Minnesota for a professional flight training degree.
30.29(d) "Qualified pilot" means an individual who (1) has earned an associate's or bachelor's
30.30degree in professional flight training from a postsecondary institution located in
30.31and (2) is in the process of obtaining or has obtained an airline transport pilot
31.1 Subd. 2. Creation of account. (a) An aviation degree loan forgiveness program account
31.2is established to provide qualified pilots and qualified aircraft technicians with
31.3assistance in repaying qualified education loans. The commissioner must use money
31.4the account to establish and administer the aviation degree loan forgiveness program.
31.5(b) Appropriations made to the aviation degree loan forgiveness program account do
31.6not cancel and are available until expended.
31.7 Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program
31.8under this section, an individual must:
31.9(1) be a qualified pilot or qualified aircraft technician;
31.10(2) have qualified education loans;
31.11(3) reside in Minnesota; and
31.12(4) submit an application to the commissioner in the form and manner prescribed by
31.14(b) An applicant selected to participate must sign a contract to agree to serve a
31.15one-year full-time service obligation according to subdivision 4. To complete the
31.16obligation, the applicant must work full time in Minnesota as a qualified pilot or
31.17aircraft technician. A participant must complete one year of service under this paragraph
31.18for each year the participant receives an award under this section.
31.19 Subd. 4. Service obligation. (a) Before receiving loan repayment disbursements and as
31.20requested, a participant must verify to the commissioner that the participant is employed
31.21a position that fulfills the service obligation as required under subdivision 3, paragraph
31.22(b) If a participant does not fulfill the required service obligation, the commissioner
31.23must collect from the participant the total amount paid to the participant under the
31.24forgiveness program plus interest at a rate established according to section 270C.40.
31.25commissioner must deposit the money collected in the aviation degree loan forgiveness
31.26account. The commissioner must allow waivers of all or part of the money owed the
31.27commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented
31.28fulfillment of the minimum service commitment.
31.29 Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each
31.30year for participation in the aviation degree loan forgiveness program, within the
31.31available funding. Applicants are responsible for securing their own qualified education
32.1(b) For each year that the participant meets the eligibility requirements under subdivision
32.23, the commissioner must make annual disbursements directly to:
32.3(1) a selected qualified pilot of $5,000 or the balance of the participant's qualified
32.4education loans, whichever is less; and
32.5(2) a selected qualified aircraft technician of $3,000 or the balance of the participant's
32.6qualified education loans, whichever is less.
32.7(c) An individual may receive disbursements under this section for a maximum of five
32.9(d) The participant must provide the commissioner with verification that the full
32.10of the loan repayment disbursement received by the participant has been applied toward
32.11designated qualified education loan. After each disbursement, verification must be
32.12by the commissioner and approved before the next repayment disbursement is made.
32.13(e) If the participant receives a disbursement in the participant's fifth year of
32.14the participant must provide the commissioner with verification that the full amount
32.15participant's final loan repayment disbursement was applied toward the designated
32.16education loan. If a participant does not provide the verification as required under
32.17paragraph within six months of receipt of the final disbursement, the commissioner
32.18collect from the participant the amount of the final disbursement. The commissioner
32.19deposit the money collected in the aviation degree loan forgiveness program account.
32.20 Subd. 6. Rules. The commissioner may adopt rules to implement this section.
Sec. 13. [136A.1794] AGRICULTURAL EDUCATION LOAN FORGIVENESS
32.23 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
32.24have the meanings given.
32.25(b) "Qualified education loan" means a government, commercial, or foundation loan
32.26actual costs paid for tuition, reasonable education expenses, and reasonable living
32.27related to the graduate or undergraduate education of a qualified teacher.
32.28(c) "Qualified teacher" means a teacher licensed under chapter 122A who:
32.29(1) is employed in a nonadministrative position teaching agricultural education in
32.30grade from grades 5 through 12 at a Minnesota school during the current year; and
33.1(2) has completed an undergraduate or graduate program in agricultural education at
33.2college or university approved by the state of Minnesota to prepare persons for teacher
33.4(d) "School" means the following:
33.5(1) a school or program operated by a school district or a group of school districts;
33.6(2) a tribal contract school eligible to receive aid according to section 124D.83;
33.7(3) a charter school; or
33.8(4) a private school.
33.9 Subd. 2. Account; appropriation. An agricultural education loan forgiveness account
33.10is established in the special revenue fund to provide qualified teachers with financial
33.11assistance to repay qualified education loans. Money in the account, including interest,
33.12appropriated to the commissioner for purposes of this section.
33.13 Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program
33.14under this section, an individual must:
33.15(1) be a qualified teacher;
33.16(2) have qualified education loans; and
33.17(3) submit an application to the commissioner in the form and manner prescribed by
33.19(b) An applicant selected to participate must sign a contract to agree to serve a
33.20one-year full-time service obligation according to subdivision 4. To complete the
33.21obligation, the applicant must work full time in Minnesota as a qualified teacher.
33.22must complete one year of service under this paragraph for each year the participant
33.23an award under this section.
33.24 Subd. 4. Service obligation. (a) Before receiving loan repayment disbursements and as
33.25requested, a participant must verify to the commissioner that the participant is employed
33.26a position that fulfills the service obligation as required under subdivision 3, paragraph
33.27(b) If a participant does not fulfill the required service obligation, the commissioner
33.28must collect from the participant the total amount paid to the participant under the
33.29forgiveness program plus interest at a rate established according to section 270C.40.
33.30commissioner must deposit the money collected in the agricultural education loan forgiveness
33.31account. The commissioner must allow waivers of all or part of the money owed the
34.1commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented
34.2fulfillment of the minimum service commitment.
34.3 Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each
34.4year for participation in the agricultural education loan forgiveness program, within
34.5limits of available funding. Applicants are responsible for securing their own qualified
34.7(b) The commissioner must make annual disbursements directly to the eligible participant
34.8of $3,000 or the balance of the participant's qualified education loans, whichever
34.9for each year that the participant meets the eligibility requirements under subdivision
34.10to a maximum of five years.
34.11(c) The participant must provide the commissioner with verification that the full
34.12of the loan repayment disbursement received by the participant has been applied toward
34.13designated qualified education loan. After each disbursement, verification must be
34.14by the commissioner and approved before the next repayment disbursement is made.
Sec. 14. Minnesota Statutes 2016, section 136A.653, is amended by adding a subdivision
34.17 Subd. 5. Regionally accredited institutions in Minnesota. (a) A regionally accredited
34.18postsecondary institution with its primary physical location in Minnesota is exempt
34.19the provisions of sections 136A.61 to 136A.71, including related fees, when it creates
34.20or modifies existing:
34.21(1) majors, minors, concentrations, specializations, and areas of emphasis within
34.23(2) nondegree programs within approved degrees;
34.24(3) underlying curriculum or courses;
34.25(4) modes of delivery; and
34.27(b) The institution must annually notify the commissioner of the exempt actions listed
34.28in paragraph (a) and, upon the commissioner's request, must provide additional information
34.29about the action.
34.30(c) The institution must notify the commissioner within 60 days of a program closing.
35.1(d) Nothing in this subdivision exempts an institution from the annual registration
35.2degree approval requirements of sections 136A.61 to 136A.71.
Sec. 15. Minnesota Statutes 2016, section 136A.685, is amended to read:
35.4136A.685 PRIVATE INSTITUTIONS; ADJUDICATION OF FRAUD OR
shall not provide may revoke, or deny an application for,
degree or name approval to a school if there has been a criminal, civil, or administrative
adjudication of fraud or misrepresentation in Minnesota or in another state or jurisdiction
against the school or its owner, officers, agents, or sponsoring organization. If the
35.10adjudication was related to a particular academic program, the office may revoke or
35.11an application for:
35.12(1) degree approval for the program only;
35.13(2) registration for the school; or
35.14(3) name approval for the school.
The adjudication of fraud or misrepresentation is sufficient cause for the office
determine that a school:
(1) does not qualify for exemption under section
(2) is not approved to grant degrees or to use the term "academy," "college," "institute,"
or "university" in its name.
Sec. 16. Minnesota Statutes 2016, section 136A.902, subdivision 1, is amended to read:
Subdivision 1. Membership.
The commissioner shall appoint a
advisory council consisting of:
(1) one member representing the University of Minnesota Medical School;
(2) one member representing the Mayo Medical School;
(3) one member representing the Courage Kenny Rehabilitation Center;
(4) one member representing Hennepin County Medical Center;
(5) one member who is a neurosurgeon;
(6) one member who has a spinal cord injury;
(7) one member who is a family member of a person with a spinal cord injury;
(8) one member who has a traumatic brain injury;
(9) one member who is a veteran who has a spinal cord injury
or a traumatic brain injury
(10) one member who is a veteran who has a traumatic brain injury;
one member who is a family member of a person with a traumatic brain injury;
one member who is a physician specializing in the treatment of spinal cord
representing Gillette Children's Specialty Healthcare
36.7 (12) (13)
one member who is a physician specializing in the treatment of traumatic brain
36.9(14) one member representing Gillette Children's Specialty Healthcare
Sec. 17. [136F.38] WORKFORCE DEVELOPMENT SCHOLARSHIPS.
36.11 Subdivision 1. Program established. The board shall develop a scholarship program
36.12to incentivize new students to enter high-demand occupations upon graduation.
36.13 Subd. 2. Scholarship awards. The program shall award scholarships at the beginning
36.14of an academic term, in the amount of $2,500, to be distributed evenly between two
36.15 Subd. 3. Program eligibility. (a) Scholarships shall be awarded only to a student eligible
36.16for resident tuition, as defined in section 135A.043, who is enrolled in any of the
36.17programs of study or certification: (1) advanced manufacturing; (2) agriculture; (3)
36.18care services; or (4) information technology.
36.19(b) The student must be enrolled for at least nine credits at a two-year college in
36.20Minnesota State Colleges and Universities system.
36.21 Subd. 4. Renewal; cap. A student who has received a scholarship may apply again but
36.22total lifetime awards are not to exceed $5,000 per student. Students may only be awarded
36.23a second scholarship upon completion of two academic terms.
36.24 Subd. 5. Administration. (a) The board shall establish an application process and other
36.25guidelines for implementing this program.
36.26(b) The board shall give preference to students in financial need.
36.27 Subd. 6. Report required. The board must submit an annual report by February 1 of
36.28each year about the scholarship awards to the chairs and ranking minority members
36.29senate and house of representatives committees with jurisdiction over higher education
36.30finance and policy. The first report is due no later than February 1, 2019. The annual
36.31shall describe the following:
37.1(1) the number of students receiving a scholarship at each two-year college during
37.2previous fiscal year;
37.3(2) the number of scholarships awarded for each program of study or certification
37.4described in subdivision 3, paragraph (a);
37.5(3) the number of scholarship recipients who completed a program of study or certification
37.6described in subdivision 3, paragraph (a);
37.7(4) the number of scholarship recipients who secured employment by their graduation
37.8date and those who secured employment within three months of their graduation date;
37.9(5) a list of occupations scholarship recipients are entering; and
37.10(6) the number of students who were denied a scholarship.
37.11EFFECTIVE DATE.This section is effective July 1, 2018.
Sec. 18. [137.45] PROGRAM FOR STUDENTS WITH INTELLECTUAL AND
37.14 Subdivision 1. Program required. The Board of Regents of the University of Minnesota
37.15is requested to offer an academic program consistent with the requirements of this
37.16for students with intellectual and developmental disabilities at the University of
37.18 Subd. 2. Enrollment and admission. The program must establish an enrollment goal
37.19of at least 15 incoming students per academic year. The board is requested to establish
37.20application process for the program. A student who successfully completes the program
37.21must be awarded a certificate, diploma, or other appropriate academic credential.
37.22 Subd. 3. Curriculum and activities. (a) The program must provide an inclusive,
37.23full-time, two-year residential college experience for students with intellectual
37.24developmental disabilities. The curriculum must include:
37.25(1) core courses that develop life skills, financial literacy, and the ability to
37.27(2) rigorous academic work in a student's chosen field of study; and
37.28(3) an internship, apprenticeship, or other skills-based experience to prepare for
37.29meaningful employment upon completion of the program.
38.1(b) In addition to academic requirements, the program must allow participating students
38.2the opportunity to engage fully in campus life. Program activities must include, but
38.4(1) the establishment of on-campus mentoring and peer support communities; and
38.5(2) opportunities for personal growth through leadership development and other
38.6community engagement activities.
38.7(c) The program may tailor its curriculum and activities to highlight academic programs,
38.8student and community life experiences, and employment opportunities unique to the
38.9or the region where the campus is located.
38.10 Subd. 4. Reporting. By January 15 of each year, the board must submit a report on the
38.11program to the chairs and ranking minority members of the committees in the house
38.12representatives and the senate with jurisdiction over higher education finance and
38.13The report must include, but need not be limited to, information regarding:
38.14(1) the number of students participating in the program;
38.15(2) program goals and outcomes; and
38.16(3) the success rate of participants.
38.17EFFECTIVE DATE.This section is effective beginning in the 2018-2019 academic
Sec. 19. [137.47] FETAL TISSUE RESEARCH.
38.20 Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision
38.21have the meanings given them.
38.22(b) "Aborted fetal tissue" means fetal tissue that is available as a result of an
38.24(c) "Fetal tissue" means any body part, organ, or cell of an unborn human child. Fetal
38.25tissue does not include tissue or cells obtained from a placenta, umbilical cord,
38.27(d) "Institutional Review Board" or "IRB" means the University of Minnesota's
38.28Institutional Review Board, the primary unit responsible for oversight of human subjects
39.1(e) "Fetal Tissue Research Committee" or "FTR" means an oversight committee at the
39.2University of Minnesota with the responsibility to oversee, review, and approve or
39.3research using fetal tissue.
39.4(f) "Non-aborted fetal tissue" means fetal tissue that is available as a result of
39.5miscarriage or stillbirth, or fetal tissue from a living unborn child.
39.6(g) "Research" means systematic investigation, including development, testing, and
39.7evaluation, designed to develop or contribute to generalizable knowledge. Research
39.8not include a procedure or test administered to a particular patient by a physician
39.10 Subd. 2. Approval by the Fetal Tissue Research Committee. (a) A researcher at the
39.11University of Minnesota must obtain approval from the FTR before conducting research
39.12using fetal tissue. The FTR must consider whether alternatives to fetal tissue would
39.13sufficient for the research. If the proposed research involves aborted fetal tissue,
39.14researcher must provide a written narrative justifying the use of aborted fetal tissue
39.15discussing whether alternatives to aborted fetal tissue, including non-aborted fetal
39.16can be used.
39.17(b) The FTR must submit its decision to the IRB. The IRB is requested to review the
39.18conclusions of the FTR to ensure that all alternatives have been considered.
39.19 Subd. 3. Legislative report. (a) No later than January 15 of each year, the Board of
39.20Regents must submit a report to the chairs and ranking minority members of the legislative
39.21committees with jurisdiction over higher education policy and finance and health and
39.22services policy and finance. The report must describe:
39.23(1) all fetal tissue research proposals submitted to the FTR or IRB, including any
39.24narrative required under subdivision 2;
39.25(2) whether the research proposal involved aborted fetal tissue;
39.26(3) action by the FTR or IRB on all fetal tissue research proposals, including whether
39.27the proposal was approved by the FTR or IRB;
39.28(4) a list of all new or ongoing fetal tissue research projects at the university,
39.29(i) the date that the project was approved by the FTR or IRB;
39.30(ii) the source of funding for the project;
39.31(iii) the goal or purpose of the project;
39.32(iv) whether the fetal tissue used is aborted fetal tissue or non-aborted fetal tissue;
40.1(v) the source of the fetal tissue used;
40.2(vi) references to any publicly available information about the project, such as National
40.3Institutes of Health grant award information; and
40.4(vii) references to any publications resulting from the project.
40.5(b) The report must not include a researcher's name, other identifying information,
40.6contact information, or the location of a laboratory or office.
40.7 Subd. 4. Education on compliance to applicable laws and policies. The University
40.8of Minnesota is requested to conduct education programs for all students and employees
40.9engaged in research on fetal tissue. Programs are requested to include mandatory
40.10comprehensive training on applicable federal and state laws, university policies and
40.11procedures, and other professional standards related to the respectful, humane, and
40.12treatment of fetal tissue in research.
Sec. 20. Minnesota Statutes 2016, section 148.89, subdivision 5, is amended to read:
Subd. 5. Practice of psychology.
"Practice of psychology" means the observation,
description, evaluation, interpretation, or modification of human behavior by the
of psychological principles, methods, or procedures for any reason, including to prevent,
eliminate, or manage symptomatic, maladaptive, or undesired behavior and to enhance
interpersonal relationships, work, life and developmental adjustment, personal and
organizational effectiveness, behavioral health, and mental health. The practice of
includes, but is not limited to, the following services, regardless of whether the
receives payment for the services:
(1) psychological research and teaching of psychology subject to the exemptions in
(2) assessment, including psychological testing and other means of evaluating personal
characteristics such as intelligence, personality, abilities, interests, aptitudes,
(3) a psychological report, whether written or oral, including testimony of a provider
an expert witness, concerning the characteristics of an individual or entity;
(4) psychotherapy, including but not limited to, categories such as behavioral, cognitive,
emotive, systems, psychophysiological, or insight-oriented therapies; counseling;
and diagnosis and treatment of:
(i) mental and emotional disorder or disability;
(ii) alcohol and substance dependence or abuse;
(iii) disorders of habit or conduct;
(iv) the psychological aspects of physical illness or condition, accident, injury,
disability, including the psychological impact of medications;
(v) life adjustment issues, including work-related and bereavement issues; and
(vi) child, family, or relationship issues;
(5) psychoeducational services and treatment; and
(6) consultation and supervision.
Sec. 21. [148.9075] LICENSURE EXEMPTIONS.
41.10 Subdivision 1. Teaching and research. Nothing in sections 148.88 to 148.98 shall be
41.11construed to prevent a person employed in a secondary, postsecondary, or graduate
41.12from teaching and conducting research in psychology within an educational institution
41.13is recognized by a regional accrediting organization or by a federal, state, county,
41.14government institution, agency, or research facility, so long as:
41.15(1) the institution, agency, or facility provides appropriate oversight mechanisms
41.16ensure public protections; and
41.17(2) the person is not providing direct clinical services to a client or clients as
41.18sections 148.88 to 148.98.
41.19 Subd. 2. Students. Nothing in sections 148.88 to 148.98 shall prohibit the practice of
41.20psychology under qualified supervision by a practicum psychology student, a predoctoral
41.21psychology intern, or an individual who has earned a doctoral degree in psychology
41.22in the process of completing their postdoctoral supervised psychological employment.
Sec. 22. [298.2215] COUNTY SCHOLARSHIP PROGRAM.
41.24 Subdivision 1. Establishment. A county may establish a scholarship fund from any
41.25unencumbered revenue received pursuant to section 298.018, 298.28, 298.39, 298.396,
41.26298.405 or any law imposing a tax upon severed mineral values. Scholarships must be
41.27at a two-year Minnesota State Colleges and Universities institution within the county.
41.28county shall establish procedures for applying for and distributing the scholarships.
42.1 Subd. 2. Eligibility. An applicant for a scholarship under this section must be a resident
42.2of the county at the time of the applicant's high school graduation. The county may
42.3additional eligibility criteria.
Sec. 23. Laws 2014, chapter 312, article 1, section 15, is amended to read:
Sec. 15. UNIVERSITY OF MINNESOTA BASE ADJUSTMENT.
For fiscal years 2016 to
, $3,500,000 is added to the base operations and
maintenance appropriation to the Board of Regents of the University of Minnesota in
2013, chapter 99, article 1, section 5.
42.9(b) For fiscal years 2018 to 2040, $3,312,000 is added to the base operations and
42.10maintenance appropriation to the Board of Regents of the University of Minnesota in
42.112013, chapter 99, article 1, section 5.
Sec. 24. SUPPLEMENTAL AID FOR TWO-YEAR MNSCU INSTITUTIONS.
42.13The Board of Trustees of the Minnesota State Colleges and Universities shall provide
42.14supplemental aid for operations and maintenance to the president of each two-year
42.15in the system with at least one campus that is not located in a metropolitan county,
42.16in Minnesota Statutes, section 473.121, subdivision 4. The board shall transfer $100,000
42.17for each campus not located in a metropolitan county in each year to the president
42.18institution that includes such a campus, provided that no institution may receive
42.19$300,000 in total supplemental aid each year.
Sec. 25. DEVELOPMENTAL EDUCATION REFORM.
42.21(a) The Board of Trustees of the Minnesota State Colleges and Universities shall create
42.22a plan to reform developmental education offerings on system campuses aimed at reducing
42.23the number of students placed into developmental education. The plan must include,
42.24not limited to:
42.25(1) a systemwide multiple measures placement plan to guide campuses in placement of
42.26students into developmental education courses;
42.27(2) uniform cut scores for student placement, where appropriate, which will lead to
42.28students being placed into developmental education courses;
42.29(3) other identified system policy changes, including an appeals process, that will
42.30the number of students being placed into developmental education courses;
43.1(4) accelerated pathways in mathematics, reading, and composition to ensure students
43.2can complete developmental education work in no more than one year, including allowing
43.3for students to complete college-level gateway courses in one year whenever possible;
43.4(5) a comprehensive examination of the cost structure of developmental education,
43.5including potential financial incentives for students or other mechanisms to lower
43.6of developmental offerings for students; and
43.7(6) identified best practices and targeted support strategies such as the use of supplemental
43.8instruction, that may be used on every system campus around developmental education
43.10(b) The plan must include deadlines for implementation of proposed changes and must
43.11be submitted to the chairs and ranking minority members of the legislative committees
43.12jurisdiction over higher education finance and policy by February 15, 2018.
43.13(c) The plan, in its entirety, shall be implemented by the start of the 2020-2021
43.14term, with individual provisions being implemented earlier as dictated by the plan.
Sec. 26. GREATER MINNESOTA OUTREACH AND RECRUITMENT.
43.16The Board of Regents of the University of Minnesota is requested to develop a plan
43.17conduct outreach and recruitment of students from Minnesota, specifically identifying
43.18mechanisms to increase the number of students from greater Minnesota who are admitted
43.19to the university campus located in the metropolitan area. Greater Minnesota is defined
43.20any area other than the area described in Minnesota Statutes, section 473.121, subdivision
43.214. The plan must be submitted to the chairs and ranking members of the senate and
43.22of representatives legislative committees with jurisdiction over higher education
43.23and policy by February 15, 2018.
Sec. 27. UNIVERSITY OF MINNESOTA FETAL TISSUE RESEARCH;
43.25LEGISLATIVE AUDITOR REVIEW.
43.26(a) The legislative auditor is requested to complete a comprehensive review of the
43.27of fetal tissue in research activities at the University of Minnesota. The review
43.28(1) the total number of research activities in which fetal tissue is currently or
43.29previously used, including those that are in progress and those that have been completed;
43.30(2) the cost of acquiring fetal tissues for use in research activities, itemized by
43.31of funds used for procurement, including funds from federal, state, and other public
43.32and funds derived from student tuition and fees;
44.1(3) the extent to which the conduct of the research activities complies with applicable
44.2federal and state laws related to acquisition, sale, handling, and disposition of
44.3including fetal tissues;
44.4(4) the extent to which the conduct of the research activities complies with applicable
44.5Board of Regents policies and procedures related to acquisition, sale, handling, and
44.6disposition of human tissues, including fetal tissues; and
44.7(5) whether applicable Board of Regents policies include provisions to ensure fetal
44.8is used in research activities only when necessary, and to ensure that the research
44.9are conducted in an ethical manner, including whether procedures and protocols for
44.10have been implemented to verify compliance with these policies.
44.11(b) As used in this section, "research activities" include any academic fetal tissue
44.12or fetal tissue transplantation research activity or program conducted in a University
44.13Minnesota facility, or that is supported, directly or indirectly, by University of
44.15EFFECTIVE DATE.This section is effective the day following final enactment. The
44.16legislative auditor is requested to complete the review no later than one year following
Sec. 28. ONGOING APPROPRIATION.
44.19The appropriation under Laws 2016, chapter 189, article 25, section 62, subdivision
44.20may be used to provide grants for any purpose under Minnesota Statutes, section 136A.1275.
44.22OFFICE OF HIGHER EDUCATION AGENCY POLICY
Section 1. Minnesota Statutes 2016, section 135A.15, subdivision 1a, is amended to read:
Subd. 1a. Sexual assault definition.
For the purposes of this section, "sexual assault"
forcible sex offenses rape, sex offenses - fondling, sex offenses - incest, or sex
44.26offenses - statutory rape
as defined in Code of Federal Regulations, title 34, part 668, subpart
D, appendix A, as amended.
Sec. 2. Minnesota Statutes 2016, section 136A.103, is amended to read:
44.29136A.103 INSTITUTION ELIGIBILITY REQUIREMENTS.
(a) A postsecondary institution is eligible for state student aid under chapter 136A
, if the institution is located in this state and:
(1) is operated by this state or the Board of Regents of the University of Minnesota;
(2) is operated privately and, as determined by the office, meets the requirements
(b) A private institution must:
(1) maintain academic standards substantially equivalent to those of comparable
institutions operated in this state;
(2) be licensed or registered as a postsecondary institution by the office; and
(3)(i) by July 1, 2010, participate in the federal Pell Grant program under Title
the Higher Education Act of 1965, Public Law 89-329, as amended; or
(ii) if an institution was participating in state student aid programs as of June
and the institution did not participate in the federal Pell Grant program by June
the institution must require every student who enrolls to sign a disclosure form,
by the office, stating that the institution is not participating in the federal Pell
(c) An institution that offers only graduate-level degrees or graduate-level nondegree
, or that offers only degrees or programs that do not meet the required minimum
45.18 program length to participate in the federal Pell Grant program,
is an eligible institution if
the institution is licensed or registered as a postsecondary institution by the office.
(d) An eligible institution under paragraph (b), clause (3), item (ii), that changes
ownership as defined in section
136A.63, subdivision 2
, must participate in the federal Pell
Grant program within four calendar years of the first ownership change to continue
(e) An institution that loses its eligibility for the federal Pell Grant program is
45.25(f) An institution must maintain adequate administrative and financial standards and
45.26compliance with all state statutes, rules, and administrative policies related to
Sec. 3. Minnesota Statutes 2016, section 136A.1795, subdivision 4, is amended to read:
Subd. 4. Loan forgiveness.
(a) The commissioner may select a maximum of five
applicants each year for participation in the loan forgiveness program, within the
available funding. Applicants are responsible for securing their own qualified educational
(b) The commissioner must select participants based on their suitability for practice
serving the designated rural area, as indicated by experience or training. The commissioner
must give preference to applicants closest to completing their training.
(c) The commissioner must make annual disbursements directly to the participant of
$15,000 or the balance of the participant's qualifying educational loans, whichever
for each year that a participant meets the service obligation required under subdivision
paragraph (b), up to a maximum of five years.
(d) Before receiving loan repayment disbursements and as requested, the participant
must complete and return to the commissioner
an affidavit a confirmation
of practice form
provided by the commissioner verifying that the participant is practicing as required
subdivision 2, paragraph (a). The participant must provide the commissioner with verification
that the full amount of loan repayment disbursement received by the participant has
applied toward the designated loans. After each disbursement, verification must be
by the commissioner and approved before the next loan repayment disbursement is made.
(e) Participants who move their practice remain eligible for loan repayment as long
they practice as required under subdivision 2, paragraph (a).
Sec. 4. Minnesota Statutes 2016, section 136A.62, is amended by adding a subdivision to
46.21 Subd. 8. Entity. "Entity" means a specific school or campus location.
Sec. 5. Minnesota Statutes 2016, section 136A.646, is amended to read:
46.23136A.646 ADDITIONAL SECURITY.
In the event New schools that have been granted conditional approval for degrees or
46.25names to allow them the opportunity to apply for and receive accreditation under section
46.26136A.65, subdivision 7, or
any registered institution that
is notified by the United States
Department of Education that it has fallen below minimum financial standards and that
continued participation in Title IV will be conditioned upon its satisfying either
Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f),
or a Letter
of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph
shall provide a surety bond
conditioned upon the faithful performance of all
46.32 contracts and agreements with students
in a sum equal to the "letter of credit" required by
the United States Department of Education in the Letter of Credit Alternative, but
event shall such bond be less than $10,000 nor more than $250,000.
(b) In lieu of a bond, the applicant may deposit with the commissioner of management
(1) a sum equal to the amount of the required surety bond in cash;
(2) 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
47.8 (3) an irrevocable letter of credit issued by a financial institution to the amount
47.9required surety bond.
(c) The surety of any bond may cancel it upon giving 60 days' notice in writing to
office and shall be relieved of liability for any breach of condition occurring after
effective date of cancellation.
47.13(d) In the event of a school closure, the additional security must first be used to
47.14any private educational data under section 13.32 left at a physical campus in Minnesota
47.15after all other governmental agencies have recovered or retrieved records under their
47.16retention policies. Any remaining funds must then be used to reimburse tuition and
47.17to students that were enrolled at the time of the closure or had withdrawn in the
47.18120 calendar days but did not graduate. Priority for refunds will be given to students
47.20(1) cash payments made by the student or on behalf of a student;
47.21(2) private student loans; and
47.22(3) Veteran Administration education benefits that are not restored by the Veteran
47.23Administration. If there are additional security funds remaining, the additional security
47.24funds may be used to cover any administrative costs incurred by the office related
47.25closure of the school.
Sec. 6. Minnesota Statutes 2016, section 136A.65, subdivision 1a, is amended to read:
Subd. 1a. Accreditation; requirement. (a)
A school must not be registered
47.28 to offer any degree at any level
unless the school
is accredited has institutional accreditation
by an agency recognized by the United States Department of Education for purposes
eligibility to participate in Title IV federal financial aid programs. Any registered
undergoing institutional accreditation shall inform the office of site visits by the
agency and provide office staff the opportunity to attend the visits,
exit interviews. The institution must provide the office with a copy of the final
receipt request of the office
48.3 (b) A school must not be authorized to offer any degree unless the program has
48.4programmatic accreditation or the school has institutional accreditation by an agency
48.5recognized by the United States Department of Education for purposes of eligibility
48.6participate in Title IV federal financial aid programs. Any program offered by a registered
48.7school that does not have institutional accreditation and is undergoing programmatic
48.8accreditation shall inform the office of site visits by the accrediting agency and
48.9office staff the opportunity to attend the visits, excluding any exit interviews.
48.10must provide the office with a copy of the final report by the accreditor upon request
Sec. 7. Minnesota Statutes 2016, 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 policy if
is dissolved, or if claims for refunds are made, to provide service to the students
and to provide educational programs leading to degrees as offered;
(3) the school operates in conformity with generally accepted
principles according to the type of school
(4) the school provides an educational program leading to the degree it offers;
(5) the school provides appropriate and accessible library, laboratory, and other
facilities to support the educational program offered;
(6) the school has a policy on freedom or limitation of expression and inquiry for
and students which is published or available on request;
(7) the school uses only publications and advertisements which are truthful and do
give any false, fraudulent, deceptive, inaccurate, or misleading impressions about
its personnel, programs, services, or occupational opportunities for its graduates
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 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; and
(10) the school must not withhold a student's official transcript because the student
in arrears or in default on any loan issued by the school to the student if the loan
as 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
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. 8. Minnesota Statutes 2016, section 136A.65, subdivision 7, is amended to read:
Subd. 7. Conditional approval. (a)
The office may grant a school a one-year
approval for a degree or use of a term in its name
for a period of less than one year
so would be in the best interests of currently enrolled students or prospective students.
50.7Conditional approval of a degree or use of a term under this paragraph must not exceed
50.8period of three years.
50.9 (b) The office may grant
may be granted and programs a one-year
approval for degrees or
names annually for a period not to exceed five years use of a term
50.11in its name
them the school
the opportunity to apply for and receive accreditation
as required in subdivision 1a. Conditional approval of a school or program under this
50.13paragraph must not exceed a period of five years.
A new school or program
conditional approval may be allowed to continue
as a registered institution
in order to
complete an accreditation process upon terms and conditions the office determines.
50.16 (c) The office may grant a registered school a one-year conditional approval for degrees
50.17or use of a term in its name to allow the school the opportunity to apply for and
50.18accreditation as required in subdivision 1a if the school's accrediting agency is
50.19recognized by the United States Department of Education for purposes of eligibility
50.20participate in Title IV federal financial aid programs. The office must not grant
50.21approvals under this paragraph to a school for a period of more than five years.
50.22 (d) The office may grant a registered school a one-year conditional approval for degrees
50.23or use of a term in its name to allow the school to change to a different accrediting
50.24recognized by the United States Department of Education for purposes of eligibility
50.25participate in Title IV federal financial aid programs. The office must not grant
50.26approvals under this paragraph to a school for a period of more than five years.
Sec. 9. Minnesota Statutes 2016, section 136A.653, is amended to read:
50.29 Subdivision 1. Application. A school that seeks an exemption under this section from
50.30the provisions of sections 136A.61 to 136A.71 must apply to the office to establish
50.31school meets the requirements of an exemption. An exemption expires two years from
50.32date of approval or until a school adds a new program or makes a modification equal
51.1greater than 25 percent to an existing educational program. If a school is reapplying
51.2exemption, the application must be submitted to the office 90 days before the current
Subdivision 1. Subd. 1a. Exemption Private career schools.
A school that is subject
to licensing by the office under sections
is exempt from the provisions
. The determination of the office as to whether a particular
school is subject to regulation under sections
is final for the purposes
of this exemption.
Subd. 2. Educational program; nonprofit organizations.
Educational programs which
are sponsored by a bona fide and nonprofit trade, labor, business, professional or
organization, which programs are conducted solely for that organization's membership
for the members of the particular industries or professions served by that organization,
which are not available to the public on a fee basis, are exempted from the provisions
Subd. 3. Educational program; business firms.
Educational programs which are
sponsored by a business firm for the training of its employees or the employees of
business firms with which it has contracted to provide educational services at no
cost to the
employees are exempted from the provisions of sections
Subd. 3a. Tuition-free educational courses.
A school, including a school using an
online platform service, offering training, courses, or programs is exempt from sections
, to the extent
it offers tuition-free courses to students in Minnesota. A
51.22 course will be considered tuition-free if the school charges no tuition and the required
51.23 and other required charges paid by the student for the course tuition, fees, and any other
51.24charges for a student to participate
do not exceed two percent of the most recent average
undergraduate tuition and required fees as of January 1 of the current year charged
full-time students at all degree-granting institutions as published annually by the
States Department of Education as of January 1 of each year. To qualify for an exemption,
a school or online platform service must prominently display a notice comparable to
following: "IMPORTANT: Each educational institution makes its own decision regarding
whether to accept completed coursework for credit. Check with your university or college."
Subd. 4. Voluntary submission.
Any school or program exempted from the provisions
by the provisions of this section may voluntarily submit to
the provisions of those sections.
Sec. 10. Minnesota Statutes 2016, section 136A.657, is amended by adding a subdivision
52.3 Subd. 5. Application. A school that seeks an exemption under this section from the
52.4provisions of sections 136A.61 to 136A.71 must apply to the office to establish that
52.5school meets the requirements of an exemption. An exemption expires two years from
52.6date of approval or when a school adds a new program or makes a modification equal
52.7greater than 25 percent to an existing educational program. If a school is reapplying
52.8exemption, the application must be submitted to the office 90 days before the current
Sec. 11. Minnesota Statutes 2016, section 136A.67, is amended to read:
52.11136A.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
may represent in advertising and shall disclose in catalogues, applications, and enrollment
materials that the school is registered with the office by prominently displaying
statement: "(Name of school) is registered with the
office Minnesota Office of Higher
pursuant to sections
. Registration is not an endorsement of
the institution. Credits earned at the institution may not transfer to all other institutions."
addition, all registered schools shall publish in the school catalog or student handbook
name, street address, telephone number, and Web site address of the office.
Sec. 12. [136A.672] STUDENT COMPLAINTS.
52.23 Subdivision 1. Authority. The office has the authority to review and take appropriate
52.24action on student complaints from schools covered under the provisions of sections
52.26 Subd. 2. Complaint. A complaint must be in writing, be signed by a student, and state
52.27how the school's policies and procedures or sections 136A.61 to 136A.71 were violated.
52.28Student complaints shall be limited to complaints that occurred within six years from
52.29date the concern should have been discovered with reasonable effort and after the
52.30has utilized the school's internal complaint process. Students do not have to utilize
52.31internal complaint process before the office has authority when the student is alleging
52.32or misrepresentation. The office shall not investigate grade disputes, student conduct
53.1proceedings, disability accommodation requests, and discrimination claims, including
53.3 Subd. 3. Investigation. The office shall initiate an investigation upon receipt of a
53.4complaint within the authority of subdivision 2. A school involved in an investigation
53.5be informed of the alleged violations and the processes of the investigation. A school
53.6involved in an investigation shall respond to the alleged violations and provide requested
53.7documentation to the office. Upon completing an investigation, the office shall inform
53.8school and the student of the investigation outcome.
53.9 Subd. 4. Penalties. If violations are found, the office may require remedial action by
53.10the school or assign a penalty under section 136A.705. Remedial action may include
53.11notification of violations, adjustments to the school's policies and procedures, and
53.12or fee refunds to impacted students.
53.13 Subd. 5. Appeals. Any order requiring remedial action by the school or assigning a
53.14penalty under section 136A.705 is appealable in accordance with chapter 14. The request
53.15for an appeal must be made in writing to the office within 30 days of the date the
53.16notified of the action of the office. The court shall award costs and reasonable attorney
53.17in a contested chapter 14 hearing to the office if: (1) the office substantially prevails
53.18merits in an action brought under this section; and (2) the school has a net income
53.19student tuition, fees, and other required institutional charges collected from the
53.20year of $1,000,000 or greater.
Sec. 13. Minnesota Statutes 2016, section 136A.68, is amended to read:
A registered school shall maintain a permanent record for each student for 50 years
the last date of the student's attendance. A registered school offering distance instruction
a student located in Minnesota shall maintain a permanent record for each Minnesota
for 50 years from the last date of the student's attendance. Records include a student's
academic transcript, 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 school shall submit a plan that meets the following
(1) at least one copy of the records must be held in a secure, fireproof depository
duplicate records must be maintained off site in a secure location and in a manner
by the office;
(2) an appropriate official must be designated to provide a student with copies of
or a transcript upon request;
(3) an alternative method approved by the office of complying with clauses (1) and
must be established if the school ceases to exist; and
(4) if the school has no binding agreement approved by the office for preserving student
records, a continuous surety bond or an irrevocable letter of credit issued by a financial
must be filed with the office in an amount not to exceed $20,000. The bond or
54.8irrevocable letter of credit
shall run to the state of Minnesota. In the event of a school closure,
54.9the surety bond or irrevocable letter of credit must be used by the office to retrieve,
54.10maintain, digitize, and destroy academic records.
Sec. 14. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.13 Subd. 13. Compliance audit. "Compliance audit" means an audit of a school's compliance
54.14with federal requirements related to its participation in federal Title IV student
54.15or other federal grant programs performed under either Uniform Grant Guidance, including
54.16predecessor Federal Circular A-133, or the United States Department of Education's
54.17guide, Audits of Federal Student Financial Assistance Programs at Participating Institutions
54.18and Institution Servicers.
Sec. 15. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.21 Subd. 14. Entity. "Entity" means a specific school or campus location.
Sec. 16. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.24 Subd. 15. Higher-level entity. "Higher-level entity" means a corporate parent or ultimate
54.25parent company or, in the case of a public school, the larger public system of which
54.26entity is a part.
Sec. 17. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
54.29 Subd. 16. Audited financial statements. "Audited financial statements" means the
54.30financial statements of an entity or higher-level entity that have been examined by
54.31public accountant or an equivalent government agency for public entities that include
55.1an auditor's report, a statement of financial position, an income statement, a statement
55.2cash flows, and notes to the financial statements or (2) the required equivalents
55.3entities as determined by the Financial Accounting Standards Board, the Governmental
55.4Accounting Standards Board, or the Securities and Exchange Commission.
Sec. 18. Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision
55.7 Subd. 17. Review-level engagement. "Review-level engagement" means a service
55.8performed by a certified public accountant that provides limited assurance that there
55.9material modifications that need to be made to an entity's financial statements in
55.10them to conform to generally accepted accounting principles. Review-level engagement
55.11provides fewer assurances than those reported under audited financial statements.
Sec. 19. Minnesota Statutes 2016, section 136A.822, subdivision 4, is amended to read:
Subd. 4. Application.
Application for a license shall be on forms prepared and furnished
by the office, and shall include the following and other information as the office
(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
(6) the qualifications of instructors and supervisors in each specified program;
(7) financial documents related to the entity's and higher-level entity's most recently
55.25completed fiscal year:
55.26(i) annual gross revenues from all sources;
55.27(ii) financial statements subjected to a review level engagement or, if requested
55.28office, audited financial statements;
55.29(iii) a school's most recent compliance audit, if applicable; and
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 school;
(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
56.9 bond equal to at least $250,000 as described in subdivision 6
Sec. 20. Minnesota Statutes 2016, section 136A.822, subdivision 6, is amended to read:
Subd. 6. Bond.
(a) No license shall be issued to any private career school which
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
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
income from student tuition, fees, and other required institutional charges collected
in no event less than $10,000
nor greater than $250,000
, except that a private career school
may deposit a greater amount at its own discretion. A private career school in each
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 school
56.22 maintains a surety bond equal to at least $250,000
. A private career school that operates at
two or more locations may combine
income from student tuition, fees, and other
required institutional charges collected
for all locations for the purpose of determining the
annual surety bond requirement. The
tuition and fees used to determine the amount
of the surety bond required for a private career school having a license for the sole
of recruiting students in Minnesota shall be only that paid to the private career
the students recruited from Minnesota.
(2) A person 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 licensed
another state agency or board, except not including those schools licensed exclusively in
56.32order to participate in state grants or SELF loan financial aid programs,
shall be required
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
of action against the applicant arising at any time after the bond is filed and before
canceled for breach of any contract or agreement made by the applicant with any student.
The aggregate liability of the surety for all breaches of the conditions of the bond
exceed the principal sum deposited by the private career school under paragraph (b).
surety of any bond may cancel it upon giving 60 days' notice in writing to the office
shall be relieved of liability for any breach of condition occurring after the effective
(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
letter of credit issued by a financial institution equal to the amount of the required
bond, or securities as may be legally purchased by savings banks or for trust funds
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
deposit under paragraph (d)
result in denial, suspension, or revocation of the
Sec. 21. Minnesota Statutes 2016, section 136A.822, subdivision 12, is amended to read:
Subd. 12. Permanent records.
A private career school licensed under sections
and located in Minnesota shall maintain a permanent record for each student
for 50 years from the last date of the student's attendance. A private career school
under this chapter and offering distance instruction to a student located in Minnesota
maintain a permanent record for each Minnesota student for 50 years from the last
the student's attendance. Records include school transcripts, documents, and files
student data about academic credits earned, courses completed, grades awarded, degrees
awarded, and periods of attendance. To preserve permanent records, a private career
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
or a transcript upon request;
(3) an alternative method, approved by the office, of complying with clauses (1) and
must be established if the private career school ceases to exist; and
(4) a continuous surety bond or irrevocable letter of credit issued by a financial institution
must be filed with the office in an amount not to exceed $20,000 if the private career
has no binding agreement approved by the office, for preserving student records. The
58.2or irrevocable letter of credit
shall run to the state of Minnesota. In the event of a school
58.3closure, the surety bond or irrevocable letter of credit must be used by the office
58.4recover, maintain, digitize, and destroy academic records.
Sec. 22. Minnesota Statutes 2016, section 136A.822, subdivision 13, is amended to read:
Subd. 13. Private career schools licensed by another state agency or board.
career school required to obtain a private career school license due to the use of
"institute," "college," or "university" in its name or licensed for the purpose of
in state financial aid under chapter 136A, and which is also licensed by another state
or board shall be required to satisfy only the requirements of subdivisions 4, clauses
(2), (3), (5), (7), (8),
and (10); 5; 6, paragraph (b), clause (2); 8, clauses (1), (4), (7), (8),
and (9); 9; 10
, clause (13)
; and 12. If a school is licensed to participate in state financial aid
58.13under this chapter, the school must follow the refund policy in section 136A.827,
58.14that section conflicts with the refund policy of the licensing agency or board.
education private career school located in another state, or a school licensed to
Minnesota residents for attendance at a school outside of this state, or a school
another state agency as its primary licensing body, may continue to use the school's
as permitted by its home state or its primary licensing body.
Sec. 23. Minnesota Statutes 2016, section 136A.826, subdivision 2, is amended to read:
Subd. 2. Contract information.
A contract or enrollment agreement used by a private
career 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 school unless canceled
(3) the private career school's cancellation and refund policy that shall be clearly
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; and
(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
cancellation, and the name and address, e-mail address, or phone number
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.
Sec. 24. Minnesota Statutes 2016, section 136A.827, subdivision 2, is amended to read:
Subd. 2. Private career schools using written contracts.
(a) Notwithstanding anything
to the contrary, a private career school that uses a written contract or enrollment
shall refund all tuition, fees and other charges paid by a student, if the student
notice of cancellation within five business days after the day on which the contract
executed regardless of whether the program has started.
(b) When a student has been accepted by the private career school and has entered
a contractual agreement with the private career school and gives
notice of cancellation
following the fifth business day after the date of execution of contract, but before
of the program in the case of resident private career schools, or before the first
been serviced by the private career school in the case of distance education private
schools, all tuition, fees and other charges, except 15 percent of the total cost
of the program
but not to exceed $50, shall be refunded to the student.
Sec. 25. Minnesota Statutes 2016, section 136A.827, subdivision 3, is amended to read:
Subd. 3. Notice; amount.
(a) A private career school shall refund all tuition, fees and
other charges paid by a student if the student gives
notice of cancellation within five
business days after the day on which the student is accepted by the private career
regardless of whether the program has started.
(b) When a student has been accepted by the private career school and gives
notice of cancellation following the fifth business day after the day of acceptance
private career school, but before the start of the program, in the case of resident
career schools, or before the first lesson has been serviced by the private career
the case of distance education private career schools, all tuition, fees and other
except 15 percent of the total cost of the program but not to exceed $50, shall be
to the student.
Sec. 26. Minnesota Statutes 2016, section 136A.828, subdivision 3, is amended to read:
Subd. 3. False statements. (a)
A private career school, agent, or solicitor shall not make,
or cause to be made, any statement or representation, oral, written or visual, in
with the offering or publicizing of a program, if the private career school, agent,
knows or reasonably should have known the statement or representation to be false,
fraudulent, deceptive, substantially inaccurate, or misleading.
60.4(b) Other than opinion-based statements or puffery, a school shall only make claims
60.5are evidence-based, can be validated, and are based on current conditions and not
60.6conditions that are no longer relevant.
60.7(c) A school shall not guarantee or imply the guarantee of employment.
60.8(d) A school shall not guarantee or advertise any certain wage or imply earnings greater
60.9than the prevailing wage for entry-level wages in the field of study for the geographic
60.10unless advertised wages are based on verifiable wage information from graduates.
60.11(e) If placement statistics are used in advertising or other promotional materials,
60.12school must be able to substantiate the statistics with school records. These records
60.13be made available to the office upon request. A school is prohibited from reporting
60.14following in placement statistics:
60.15(1) a student required to receive a job offer or start a job to be classified as a
60.16(2) a graduate if the graduate held a position before enrolling in the program, unless
60.17graduating enabled the graduate to maintain the position or the graduate received
60.18or raise upon graduation;
60.19 (3) a graduate who works less than 20 hours per week; and
60.20 (4) a graduate who is not expected to maintain the position for at least 180 days.
60.21(f) A school shall not use endorsements, commendations, or recommendations by a
60.22student in favor of a school except with the consent of the student and without any
60.23financial or other material compensation. Endorsements may be used only when they
60.25(g) A school may advertise that the school or its programs have been accredited by
60.26accrediting agency recognized by the United States Department of Education or the
60.27for Higher Education Accreditation, but shall not advertise any other accreditation
60.28approved by the office. The office may approve an institution's advertising of accreditation
60.29that is not recognized by the United States Department of Education or the Council
60.30Higher Education if that accreditation is industry specific. Clear distinction must
60.31when the school is in candidacy or application status versus full accreditation.
61.1(h) A school may advertise that financial aid is available, including a listing of
61.2financial aid programs in which the school participates, but federal or state financial
61.3shall not be used as a primary incentive in advertisement, promotion, or recruitment.
61.4(i) A school may advertise placement or career assistance, if offered, but shall not
61.5the words "wanted," "help wanted," or "trainee," either in the headline or the body
61.7(j) A school shall not be advertised under any "help wanted," "employment," or similar
61.9(k) A school shall not falsely claim that it is conducting a talent hunt, contest,
61.11(l) The commissioner, at any time, may require a retraction of a false, misleading,
61.12deceptive claim. To the extent reasonable, the retraction must be published in the
61.13manner as the original claim.
Sec. 27. [136A.8295] STUDENT COMPLAINTS.
61.15 Subdivision 1. Authority. The office has the authority to review and take appropriate
61.16action on student complaints from schools covered under the provisions of sections
61.18 Subd. 2. Complaint. A complaint must be in writing, be signed by a student, and state
61.19how the school's policies and procedures or sections 136A.822 to 136A.834 were violated.
61.20Student complaints shall be limited to complaints that occurred within six years from
61.21date the concern should have been discovered with reasonable effort and after the
61.22has utilized the school's internal complaint process. Students do not have to utilize
61.23internal complaint process before the office has authority when the student is alleging
61.24or misrepresentation. The office shall not investigate grade disputes, student conduct
61.25proceedings, disability accommodation requests, and discrimination claims, including
61.27 Subd. 3. Investigation. The office shall initiate an investigation upon receipt of a
61.28complaint within the authority of subdivision 2. A school involved in an investigation
61.29be informed of the alleged violations and the processes of the investigation. A school
61.30involved in an investigation shall respond to the alleged violations and provide requested
61.31documentation to the office. Upon completion of an investigation, the office shall
61.32the school and the student of the investigation outcome.
62.1 Subd. 4. Penalties. If violations are found, the office may require remedial action by
62.2the school or assign a penalty under section 136A.832. Remedial action may include
62.3notification of violations, adjustments to the school's policies and procedures, and
62.4or fee refunds to impacted students.
62.5 Subd. 5. Appeals. Any order requiring remedial action by the school or assigning a
62.6penalty under section 136A.832 is appealable in accordance with chapter 14. The request
62.7for an appeal must be made in writing to the office within 30 days of the date the
62.8notified of the action of the office. The court shall award costs and reasonable attorney
62.9in a contested chapter 14 hearing to the office if: (1) the office substantially prevails
62.10merits in an action brought under this section; and (2) the school has a net income
62.11student tuition, fees, and other required institutional charges collected from the
62.12year of $1,000,000 or greater.
Sec. 28. Minnesota Statutes 2016, section 136A.83, 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 school or applicant
at any reasonable time. The office may require the submission of
a certified public audit,
62.18 or if there is no such audit available audited financial statements.
The office or a delegate
may inspect the financial books and records of the private career school. In no event
such financial information be used by the office to regulate or set the tuition or
by the private career school.
(b) Data obtained from an inspection of the financial records of a private career
or submitted to the office as part of a license application or renewal are nonpublic
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
or administrative proceeding commenced to enforce a requirement of law.
Sec. 29. Minnesota Statutes 2016, section 136A.833, is amended to read:
62.29 Subdivision 1. Application for exemptions. A school that seeks an exemption from the
62.30provisions of sections 136A.822 to 136A.834 must apply to the office to establish
62.31school meets the requirements of an exemption. An exemption expires two years from
62.32date of approval or when a school adds a new program or makes a modification equal
63.1greater than 25 percent to an existing educational program. If a school is reapplying
63.2exemption, the application must be submitted to the office 90 days before the current
63.4 Subd. 2. Exemption reasons.
shall not apply to the
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections
(3) private career schools of nursing accredited by the state Board of Nursing or
equivalent public board of another state or foreign country;
(4) private schools complying with the requirements of section
120A.22, subdivision 4
(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
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
to the use of "academy," "institute," "college," or "university" in their names;
(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 private career school used "academy"
or "institute" in 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 under
and registered with the attorney general under chapter 309. For the purposes
of this clause, "fine arts" means activities resulting in artistic creation or artistic
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
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 entrance examinations;
(14) classes, courses, or programs providing 16 or fewer clock hours of instruction
are not part of the curriculum for an occupation or entry level employment except
career schools required to obtain a private career school license due to the use of
"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
the office, engaged exclusively in offering distance instruction that are located
regulated by other states or jurisdictions if the distance education instruction does not include
64.21internships, externships, field placements, or clinical placements for residents of
(18) private career schools providing exclusively training, instructional programs,
courses where tuition, fees, and any other charges for a student to participate do
Sec. 30. Minnesota Statutes 2016, section 136A.834, is amended by adding a subdivision
64.28 Subd. 5. Application. A school that seeks an exemption from the provisions of sections
64.29136A.82 to 136A.834 must apply to the office to establish that the school meets the
64.30requirements of an exemption. An exemption expires two years from the date of approval
64.31or when a school adds a new program or makes a modification equal to or greater than
64.32percent to an existing educational program. If a school is reapplying for an exemption,
64.33application must be submitted to the office 90 days before the current exemption expires.
Sec. 31. Laws 2015, chapter 69, article 3, section 20, subdivision 10, is amended to read:
Subd. 10. Credit load. By the end of the first academic year including summer term,
grantee must have accumulated
at least the lesser of
30 program credits
by the end of the
65.4 first academic year including summer term or the number of credits that the student's program
65.5is scheduled for during the first academic year
. A college must certify that a grantee is
carrying sufficient credits in the second grant year to complete the program at the
the second year, including summer school. The commissioner shall set the terms and
the form for certification.
65.9EFFECTIVE DATE.This section is effective the day following final enactment.
Delete the title and insert:
relating to higher education; providing funding and policy changes for the Office
of Higher Education, the Minnesota State Colleges and Universities, the University
of Minnesota, and other related programs; modifying state grant program calculation
parameters; requiring reports; authorizing rulemaking; appropriating money;
amending Minnesota Statutes 2016, sections 43A.06, subdivision 1; 135A.031,
subdivision 7; 135A.15, subdivision 1a; 136A.101, subdivision 5a; 136A.103;
136A.121, subdivision 6; 136A.125, subdivisions 2, 4; 136A.1275; 136A.1795,
subdivision 4; 136A.62, by adding a subdivision; 136A.646; 136A.65, subdivisions
1a, 4, 7; 136A.653; 136A.657, by adding a subdivision; 136A.67; 136A.68;
136A.685; 136A.821, by adding subdivisions; 136A.822, subdivisions 4, 6, 12,
13; 136A.826, subdivision 2; 136A.827, subdivisions 2, 3; 136A.828, subdivision
3; 136A.83; 136A.833; 136A.834, by adding a subdivision; 136A.902, subdivision
1; 148.89, subdivision 5; Laws 2014, chapter 312, article 1, section 15; Laws 2015,
chapter 69, article 3, section 20, subdivision 10; proposing coding for new law in
Minnesota Statutes, chapters 135A; 136A; 136F; 137; 148; 298."
|We request the adoption of this report and repassage of the bill.
|Michelle L. Fischbach
||Scott M. Jensen
|Greg D. Clausen