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Minnesota Legislature

Office of the Revisor of Statutes

SF 2942

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to higher education; allowing disclosure of certain data and data
sharing; defining terms; making technical changes; amending certain scholarship
provisions; regulating school names and degree requirements; regulating board
selection and membership requirements; requiring a report; requiring certain
school bonds and licenses; restricting certain advertising; clarifying exemptions;
amending loan forgiveness requirements; authorizing oral health practitioners
to practice; regulating oral health practitioners; allowing certain transfers of
funds; creating a work group; requiring a study on enrollment patterns; limiting
appointments; amending Minnesota Statutes 2006, sections 13.32, subdivision
3, by adding a subdivision; 136A.101, subdivision 8; 136F.90, subdivision 1;
141.25, by adding a subdivision; 144.1501, subdivision 2; Minnesota Statutes
2007 Supplement, sections 136A.121, subdivision 7a; 136A.126; 136A.127;
136A.128, by adding a subdivision; 136A.65, subdivisions 1, 3, 5, 6, 7; 136A.66;
136A.67; 136A.69; 136F.02, subdivision 1; 136F.03, subdivision 4; 141.25,
subdivision 5; 141.28, subdivision 1; 141.35; Laws 2007, chapter 144, article 1,
sections 3, subdivision 18; 5, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 136F; 150A.

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

Section 1.

Minnesota Statutes 2006, section 13.32, subdivision 3, is amended to read:


Subd. 3.

Private data; when disclosure is permitted.

Except as provided in
subdivision 5, educational data is private data on individuals and shall not be disclosed
except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health and safety emergencies pursuant to the
provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3)new text begin, (b)(6), (b)(7), and (i),new text end and Code of Federal
Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, deleted text beginanddeleted text end 99.35new text begin, and 99.39new text end;

(f) to appropriate health authorities to the extent necessary to administer
immunization programs and for bona fide epidemiologic investigations which the
commissioner of health determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in which the investigation
is being conducted;

(g) when disclosure is required for institutions that participate in a program under
title IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under
subdivision 6, annually to indicate the extent and content of remedial instruction, including
the results of assessment testing and academic performance at a postsecondary institution
during the previous academic year by a student who graduated from a Minnesota school
district within two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for
the data that certifies that the data will not be disclosed to any other person except as
authorized by law without the written consent of the parent of the student and the request
and a record of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in
the data and who are conducting activities and events sponsored by or endorsed by the
educational agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32,
section 216;

(l) to the juvenile justice system if information about the behavior of a student who
poses a risk of harm is reasonably necessary to protect the health or safety of the student
or other individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section
124D.52, subdivision 7; deleted text beginor
deleted text end

(n) to the commissioner of education for purposes of an assessment or investigation
of a report of alleged maltreatment of a student as mandated by section 626.556. Upon
request by the commissioner of education, data that are relevant to a report of maltreatment
and are from charter school and school district investigations of alleged maltreatment of a
student must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in
response to a report of maltreatment by an employee or agent of the school or school
districtnew text begin;
new text end

new text begin (o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations,
title 34, sections 99.31(a)(13) and (14);
new text end

new text begin (p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); or
new text end

new text begin (q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings
new text end.

Sec. 2.

Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Data sharing; improving instruction. new text end

new text begin The following educational data
may be shared between the Department of Education and the Minnesota Office of Higher
Education as authorized by the Code of Federal Regulations, title 34, section 99.31(a)(6),
to analyze instruction in school districts for purposes of improvement:
new text end

new text begin (1) attendance data, including name of school or institution, school district, year or
term of attendance, and term type;
new text end

new text begin (2) student demographic and enrollment data;
new text end

new text begin (3) academic performance and testing data; and
new text end

new text begin (4) special academic services received by a student.
new text end

new text begin Any analysis of or report on the data must contain only summary data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 136A.101, subdivision 8, is amended to read:


Subd. 8.

Resident student.

"Resident student" means a student who meets one of
the following conditions:

(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;

(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;

(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
school and the student is physically attending a Minnesota postsecondary educational
institution;

(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota;

(5) a member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in section
190.05, subdivision 5c;

(6)new text begin a spouse or dependent of a veteran, as defined in section 197.447, if the veteran
is a Minnesota resident;
new text end

new text begin (7) new text enda person or spouse of a person who relocated to Minnesota from an area that
is declared a presidential disaster area within the preceding 12 months if the disaster
interrupted the person's postsecondary education; or

deleted text begin (7)deleted text endnew text begin (8)new text end a person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota.

Sec. 4.

Minnesota Statutes 2007 Supplement, section 136A.121, subdivision 7a,
is amended to read:


Subd. 7a.

Surplus appropriation.

If the amount appropriated is determined by the
office to be more than sufficient to fund projected grant demand in the second year of the
biennium, the office may increase the living and miscellaneous expense allowance in the
second year of the biennium by up to an amount that retains sufficient appropriations
to fund the projected grant demand. The adjustment may be made one or more times.
In making the determination that there are more than sufficient funds, the office shall
balance the need for sufficient resources to meet the projected demand for grants with the
goal of fully allocating the appropriation for state grants. An increase in the living and
miscellaneous expense allowance under this subdivision does not carry forward into a
subsequent biennium. deleted text beginThis subdivision expires June 30, 2009.
deleted text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 136A.126, is amended to read:


136A.126 INDIAN SCHOLARSHIPS.

new text begin Subdivision 1. new text end

new text begin Student eligibility. new text end

The director of the Office of Higher Education
shall establish procedures for the distribution of scholarships to deleted text beginanydeleted text endnew text begin anew text end Minnesota resident
studentnew text begin who:
new text end

deleted text begin whodeleted text endnew text begin (1)new text end is of one-fourth or more Indian ancestrydeleted text begin,deleted text endnew text begin;
new text end

deleted text begin whodeleted text endnew text begin (2)new text end has applied for other existing state and federal scholarship and grant
programsdeleted text begin, anddeleted text endnew text begin;
new text end

new text begin (3) if enrolled in an undergraduate program, is eligible or would be eligible to
receive a federal Pell Grant or a state grant based on the federal needs analysis and is
enrolled for nine semester credits per term or more, or the equivalent;
new text end

new text begin (4) if enrolled in a graduate program, demonstrates a remaining financial need in
the award amount calculation and is enrolled, per term, on a half-time basis or more as
defined by the postsecondary institution; and
new text end

deleted text begin who,deleted text endnew text begin (5)new text end in the opinion of the director of the Office of Higher Education, based
upon postsecondary institution recommendations, has the capabilities to benefit from
further education.

new text begin Subd. 2. new text end

new text begin Eligible programs. new text end

Scholarships must be for accredited degree programs
in accredited Minnesota colleges or universities or for courses in accredited Minnesota
business, technical, or vocational schools. Scholarships may also be given to students
attending Minnesota colleges that are in candidacy status for obtaining full accreditation,
and are eligible for and receiving federal financial aid programs. Students are also eligible
for scholarships when enrolled as students in Minnesota higher education institutions that
have joint programs with other accredited higher education institutions. deleted text beginScholarships shall
be used to defray the total cost of education including tuition, incidental fees, books,
supplies, transportation, other related school costs and the cost of board and room and
shall be paid directly to the college or school concerned where the student receives federal
financial aid.
deleted text end

new text begin Subd. 3. new text end

new text begin Cost of attendance. new text end

The total cost of deleted text begineducation includes alldeleted text end new text beginattendance
shall include
new text endtuition and new text beginrequired new text endfees deleted text beginfor each student enrolling in a public institution
and the portion of tuition and fees for each student enrolling in a private institution that
does not exceed the tuition and fees at a comparable public institution. Each student shall
be awarded a scholarship based on a federal standardized need analysis. Applicants are
encouraged to apply for all other sources of financial aid
deleted text endnew text begin charged by the institution and the
campus-based budget used for federal financial aid for food, housing, books, supplies,
transportation, and miscellaneous expenses
new text end.

deleted text begin When an Indian student satisfactorily completes the work required by a certain
college or school in a school year the student is eligible for additional scholarships, if
additional training is necessary to reach the student's educational and vocational objective.
deleted text end

new text begin Subd. 4. new text end

new text begin Award amount. new text end

new text begin (a) Each student shall be awarded a scholarship based
on the federal need analysis. Applicants are encouraged to apply for all other sources of
financial aid. The amount of the award must not exceed the applicant's cost of attendance,
as defined in subdivision 3, after deducting:
new text end

new text begin (1) the expected family contribution as calculated by the federal need analysis;
new text end

new text begin (2) the amount of a federal Pell Grant award for which the applicant is eligible;
new text end

new text begin (3) the amount of the state grant;
new text end

new text begin (4) the sum of all federal Supplemental Educational Opportunity Grant, federal
Academic Competitiveness Grant, and federal Science and Mathematics Access to Retain
Talent Grant (SMART Grant) awards;
new text end

new text begin (5) the sum of all institutional grants, scholarships, tuition waivers, and tuition
remission amounts;
new text end

new text begin (6) the sum of all tribal scholarships;
new text end

new text begin (7) the amount of any other state and federal gift aid; and
new text end

new text begin (8) the amount of any private grants or scholarships.
new text end

new text begin (b) The award shall be paid directly to the postsecondary institution where the
student receives federal financial aid.
new text end

new text begin (c) Awards are limited as follows:
new text end

new text begin (1) the maximum award for an undergraduate is $4,000 per academic year;
new text end

new text begin (2) the maximum award for a graduate student is $6,000 per academic year; and
new text end

new text begin (3) the minimum award for all students is $100 per academic year.
new text end

new text begin (d) new text endScholarships may not be given to any Indian student for more than deleted text beginfivedeleted text endnew text begin threenew text end
years of study new text beginfor a two-year degree, certificate, or diploma program or five years of study
for a four-year degree program
new text endat the undergraduate level and new text beginfor more than new text endfive years
at the graduate level. Students may acquire only one degree per level and one terminal
new text begin graduate new text enddegree.new text begin Scholarships may not be given to any student for more than ten years
including five years of undergraduate study and five years of graduate study.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2007 Supplement, section 136A.127, is amended to read:


136A.127 ACHIEVE SCHOLARSHIP PROGRAM.

Subdivision 1.

Establishment.

The Achieve Scholarship Program is establishednew text begin
to provide scholarships to eligible students within the limits of appropriations for the
program
new text end.

Subd. 2.

Definition; qualifying program.

For the purposes of this section, a
"qualifying program" means a rigorous secondary school program of study defined by
the Department of Education under agreement with the Secretary of Education for the
purposes of determining eligibility for the federal Academic Competitiveness Grant
Program under Title IV of the Higher Education Act of 1965, as amended.

Subd. 3.

Documentation of qualifying programs.

The student shall request a
transcript from the high school. The high school shall provide a transcript to the Office
of Higher Education or to the eligible institution in which the student is enrolling,
documenting the qualifying program.new text begin If the transcript is not sufficient to document a
qualifying program, the student may be required to submit further documentation that the
office deems sufficient.
new text end

Subd. 4.

Student eligibility.

To be eligible to receive a scholarship under this
section, in addition to the requirements listed under section 136A.121, a student must:

(1) submit a Free Application for Federal Student Aid (FAFSA);

(2) take and receive at least a grade of C for courses that comprise a rigorous
secondary school program of study in a high school or in a home-school setting under
section 120A.22, and graduate from new text begina Minnesota new text endhigh school;

(3) have a family adjusted gross income new text beginof less than $75,000 new text endin the last complete
calendar year prior to the academic year of postsecondary attendance deleted text beginof less than $75,000deleted text endnew text begin
in which the scholarship is used
new text end;

(4) be a United States citizen or eligible noncitizen, as defined in section 484 of the
Higher Education Act, United States Code, title 20, sections 1091 et seq., as amended, and
Code of Federal Regulations, title 34, section 668.33; deleted text beginand
deleted text end

(5) be a Minnesota resident, as defined in section 136A.101, subdivision 8new text begin; and
new text end

new text begin (6) be enrolled for at least three credits per quarter or semester or the equivalent at
an eligible institution as defined under section 136A.101, subdivision 4
new text end.

Subd. 5.

Administration.

The Achieve Scholarship Program shall be administered
by the Minnesota Office of Higher Education. The director shall develop forms and
procedures necessary to administer the program.

Subd. 6.

Application.

A student must complete and submit an application for
the Achieve scholarship.

Subd. 7.

Deadline.

The deadline for the office to accept applications for Achieve
scholarships is deleted text begin30 days after the beginning of the academic term for which the application
is submitted
deleted text endnew text begin the same as that used for the state grant in section 136A.121, subdivision 13new text end.

Subd. 8.

Documentation of qualifying household income.

Achieve Scholarship
Program applicants must certify on the application that they meet the income eligibility
requirement in subdivision deleted text begin5deleted text endnew text begin 4new text end, clause deleted text begin(2)deleted text endnew text begin (3)new text end. The Office of Higher Education or the
postsecondary institution may request documentation needed to confirm income eligibility.

Subd. 9.

Scholarship awards.

deleted text beginMinnesota Achieve scholarships shall consist of
$1,200 for a student who takes and receives at least a grade of C for courses required
under a qualifying program
deleted text endnew text begin A student may not receive more than $1,200 in Minnesota
Achieve scholarships, which must be for enrollment during the four-year availability
period described in subdivision 12
new text end. The scholarships may be used to pay for qualifying
expenses at eligible institutions.

Subd. 10.

Qualifying expenses.

Qualifying expenses are components included
under the cost of attendance used for federal student financial aid programs, as defined in
section 472 of the Higher Education Act, United States Code, title 20, sections 1091 et
seq., as amended.

Subd. 11.

Eligible institutions.

The Achieve scholarship may only be used to
pay qualifying expenses at an eligible institution as defined under section 136A.101,
subdivision 4.

Subd. 12.

Availability of scholarship funds.

A scholarship earned by a student
is available for four years immediately following high school graduation. The office
must certify to the commissioner of finance by October 1 of each year the amounts to be
canceled from scholarship eligibility that have expired.

Subd. 13.

Disbursement of scholarships.

The office shall make two equal
payments to a postsecondary institution on behalf of the student. deleted text beginThe second payment
must be made
deleted text end After the student successfully completes the first term of enrollmentnew text begin, the
second payment must be made during the student's next term of enrollment at an eligible
institution. If the second disbursement is not within the same academic year as the first
disbursement, the student must request the second disbursement
new text end.

Subd. 14.

Evaluation report.

By January 15 of each odd-numbered year, the
Office of Higher Education shall submit a report, to the committees of the legislature with
jurisdiction over higher education finance and policy, regarding the success of the program
in increasing the enrollment of students in rigorous high school courses, including, at a
minimum, the following information:

(1) the demographics of individuals participating in the program;

(2) the grades scholarship recipients received for courses in the qualifying program
under subdivision 2;

(3) the number of scholarship recipients who persisted at a postsecondary institution
for a second year;

(4) the high schools attended by the program participants;

(5) the postsecondary institutions attended by the program participants;

(6) the academic performance of the students after enrolling in a postsecondary
institution; and

(7) other information as identified by the director.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and, within the limits of appropriations, applies to students who graduate from high school
after January 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2007 Supplement, section 136A.128, is amended by adding
a subdivision to read:


new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin A nonprofit organization that receives a grant under this
section may use five percent of the grant amount to administer the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
grants under Minnesota Statutes, section 136A.128, beginning in fiscal year 2008.
new text end

Sec. 8.

Minnesota Statutes 2007 Supplement, section 136A.65, subdivision 1, is
amended to read:


Subdivision 1.

Prohibition.

No school subject to registration shall grant a degree
unless such degree and its underlying curriculum are approved by the office, nor shall
any school subject to registration use the name "collegedeleted text begin,deleted text end" deleted text begin"academy," "institute"deleted text end or
"university" in its name without approval by the office.

Sec. 9.

Minnesota Statutes 2007 Supplement, section 136A.65, subdivision 3, is
amended to read:


Subd. 3.

Application.

A school subject to registration shall be granted approval
to use the term "collegedeleted text begin,deleted text end" deleted text begin"academy," "institute,"deleted text end or "university" in its name if it was
organized, operating, and using such term in its name on or before August 1, 2007, and if
it meets the other policies and standards for approval established by the office.

Sec. 10.

Minnesota Statutes 2007 Supplement, section 136A.65, subdivision 5, is
amended to read:


Subd. 5.

Requirements for degree new text beginand nondegree program new text endapproval.

For each
degree new text beginand nondegree program new text enda school offers to a student, where the student does not
leave Minnesota for the major portion of the program or course leading to the degreenew text begin or
nondegree award
new text end, the school must have:

new text begin (1) for degree programs:
new text end

deleted text begin (1)deleted text end new text begin(i) new text endqualified teaching personnel to provide the educational programs for each
degree for which approval is sought;

deleted text begin (2)deleted text end new text begin(ii) new text endappropriate educational programs leading to each degree for which approval
is sought;

deleted text begin (3)deleted text end new text begin(iii) new text endappropriate and accessible library, laboratory, and other physical facilities to
support the educational program for each degree for which approval is sought; and

deleted text begin (4)deleted text end new text begin(iv) new text enda rationale showing that degree programs are consistent with the school's
mission and goalsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) for nondegree programs:
new text end

new text begin (i) qualified teaching personnel to provide the educational programs for which
approval is sought;
new text end

new text begin (ii) appropriate educational programs leading to each award for which approval
is sought;
new text end

new text begin (iii) appropriate and accessible library, laboratory, and other physical facilities to
support the educational program for which approval is sought; and
new text end

new text begin (iv) a rationale showing that programs are consistent with the school's mission
and goals.
new text end

new text begin Nondegree programs that are a part of an approved degree shall not require
additional review or approval; they shall be considered approved as a part of the degree
approval. Any nondegree program offered by a degree-granting school that is not a part of
an approved degree shall be subject to clause (2), items (i) to (iv).
new text end

Sec. 11.

Minnesota Statutes 2007 Supplement, section 136A.65, subdivision 6, is
amended to read:


Subd. 6.

Name.

A new text begindegree-granting new text endschool may use the term "academy" or "institute"
in its name without meeting any additional requirements. A school may use the term
"college" in its name if it offers at least one program leading to an associate degree. A
school may use the term "university" in its name if it offers at least one program leading
to a master's or doctorate degree.

Sec. 12.

Minnesota Statutes 2007 Supplement, section 136A.65, subdivision 7, is
amended to read:


Subd. 7.

Conditional approval.

The office may grant conditional approval for a
degree or use of a term in its name for a period of less than one year if doing so would be
in the best interests of currently enrolled students or prospective students.new text begin New schools
may be granted conditional approval for degrees or names annually for a period not to
exceed five years to allow them the opportunity to apply for and receive accreditation as
required in subdivision 1a.
new text end

Sec. 13.

Minnesota Statutes 2007 Supplement, section 136A.66, is amended to read:


136A.66 LIST.

The office shall maintain a list of registered institutions authorized to grant degrees
and schools authorized to use the name "collegedeleted text begin,deleted text end" deleted text begin"academy," "institute"deleted text end or "university,"
and shall make such list available to the public.

Sec. 14.

Minnesota Statutes 2007 Supplement, section 136A.67, is amended to read:


136A.67 UNAUTHORIZED REPRESENTATIONS.

new text begin 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
new text enda school which is duly registered with the office, or any of its officials
or employees, may represent in advertising and shall disclose in catalogues, applications,
and enrollment materials that the school is registered with the office by prominently
displaying the following statement: "(Name of school) is registered as a private institution
with the Minnesota Office of Higher Education pursuant to sections 136A.61 to 136A.71.
Registration is not an endorsement of the institution. Credits earned at the institution
may not transfer to all other institutions."

Sec. 15.

Minnesota Statutes 2007 Supplement, section 136A.69, is amended to read:


136A.69 FEES.

Subdivision 1.

Registration fees.

The office shall collect reasonable registration
fees that are sufficient to recover, but do not exceed, its costs of administering the
registration program. The office shall charge $1,100 for initial registration fees and $950
for annual renewal fees.

Subd. 2.

Degree level addition fee.

The office processing fee for adding a degree
level to an existing program is $2,000 per deleted text beginprogramdeleted text end new text begindegreenew text end.

Subd. 3.

new text beginDegree or nondegree new text endprogram addition fee.

The office processing fee
for adding a new text begindegree or nondegree new text endprogram that represents a significant departure in the
objectives, content, or method of delivery of new text begindegree or nondegree new text endprograms that are
currently offered by the school is $500 per new text begindegree or nondegree new text endprogram.

Subd. 4.

Visit or consulting fee.

If the office determines that a fact-finding visit
or outside consultant is necessary to review or evaluate any new or revised new text begindegree or
nondegree
new text endprogram, the office shall be reimbursed for the expenses incurred related to the
review as follows:

(1) $300 for the team base fee or for a paper review conducted by a consultant if the
office determines that a fact-finding visit is not required;

(2) $300 for each day or part thereof on site per team member; and

(3) the actual cost of customary meals, lodging, and related travel expenses incurred
by team members.

Subd. 5.

Modification fee.

The fee for modification of any existing new text begindegree or
nondegree
new text endprogram is $100 and is due if there is:

(1) an increase or decrease of 25 percent or more from the original date of program
approval, in clock hours, credit hours, or calendar length of an existing new text begindegree or
nondegree
new text endprogram;

(2) a change in academic measurement from clock hours to credit hours or vice
versa; or

(3) an addition or alteration of courses that represent a 25 percent change or more in
the objectives, content, or methods of delivery.

Sec. 16.

Minnesota Statutes 2007 Supplement, section 136F.02, subdivision 1, is
amended to read:


Subdivision 1.

Membership.

The board consists of 15 members appointed by the
governornew text begin, including three members who are students who have attended an institution for
at least one year and are currently enrolled at least half time in a degree, diploma, or
certificate program in an institution governed by the board. The student members shall
include one member from a community college, one member from a state university,
and one member from a technical college. One member representing labor must be
appointed after considering the recommendations made under section 136F.045. The
governor is not bound by the recommendations. Appointments to the board are
new text end with the
advice and consent of the senate. At least one member of the board must be a resident of
each congressional district. new text beginAll other members must be appointed to represent the state
at large.
new text endIn selecting appointees, the governor must consider the needs of the board of
trustees and the balance of the board membership with respect to labor and business
representation and racial, gender, geographic, and ethnic composition. deleted text beginThree members
must be students who are enrolled at least half time in a degree, diploma, or certificate
program or have graduated from an institution governed by the board within one year
of the date of appointment. The student members shall include: one member from a
community college, one member from a state university, and one member from a technical
college.
deleted text enddeleted text beginThe remaining members must be appointed to represent the state at large.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2007 Supplement, section 136F.03, subdivision 4, is
amended to read:


Subd. 4.

Recommendations.

Except for seats filled under deleted text beginsectiondeleted text end new text beginsections new text end136F.04new text begin
and 136F.045
new text end, the advisory council shall recommend at least two and not more than four
candidates for each seat. By April 15 of each even-numbered yearnew text begin in which the governor
makes appointments to the board
new text end, the advisory council shall submit its recommendations
to the governor. The governor is not bound by these recommendations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

new text begin [136F.045] LABOR ORGANIZATION BOARD MEMBER SELECTION
PROCESS.
new text end

new text begin The Minnesota AFL-CIO shall recruit and screen qualified labor candidates to
be recommended to the governor for appointment to the board. The organization must
develop a process for selecting candidates, and a statement of selection criteria for board
membership that is consistent with the requirements under section 136F.02, subdivision 1.
The organization must recommend at least two and no more than four candidates to the
governor beginning in 2010 and every six years thereafter. Recommendations must be
made by April 15 of the year in which the governor makes appointments to the board. The
governor is not bound by the recommendations.
new text end

Sec. 19.

new text begin [136F.301] MAXIMUM CREDIT FOR GRADUATION; WAIVER
REPORTING.
new text end

new text begin The board must annually by October 1 report to the chairs of the house of
representatives and senate committees with primary jurisdiction over higher education
policy on the board's current policy setting the maximum number of semester credits
required for a baccalaureate and an associate of arts degree at 120 and 60 semester credits
or their equivalent, respectively, as required by Laws 2007, chapter 144, article 1, section
4, subdivision 3, paragraph (b). The report must specifically identify requests in the
previous academic year for waivers from the policy and the requests granted. The specific
identification must include, among other things, the program and the campus for which
a request was made and for which a waiver was granted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2006, section 136F.90, subdivision 1, is amended to read:


Subdivision 1.

Duties.

For deleted text beginthedeleted text end state new text begincolleges and new text enduniversities, the Board of Trustees
of the Minnesota State Colleges and Universities may:

(1) acquire by purchase or otherwise, construct, complete, remodel, equip, operate,
control, and manage residence halls, dormitories, dining halls, student union buildings,
parking facilities, and any other similar revenue-producing buildings of such type and
character as the board finds necessary for the good and benefit of deleted text beginthedeleted text end state new text begincolleges and
new text enduniversities, and may acquire property whether real, personal, or mixed, by gift, purchase,
or otherwise; provided that no contract for the construction of any building shall be
entered into until financing has been approved by the legislature;

(2) maintain and operate any buildings or structures and charge for their use, and
conduct any activities that are commonly conducted in connection with the buildings
or structures;

(3) enter into contracts for the purposes of sections 136F.90 to 136F.98;

(4) acquire building sites and buildings or structures by gift, purchase, or otherwise
and pledge the revenues from them for the payment of any bonds issued for that purpose
as provided in sections 136F.90 to 136F.98;

(5) borrow money and issue and sell bonds in an amount or amounts the legislature
authorizes for the purpose of acquiring, constructing, completing, remodeling, or
equipping any buildings or structures, and acquiring sites, and refund and refinance the
bonds by the issuance and sale of refunding bonds when the board finds that it is in
the public interest. The bonds shall be sold and issued by the board in the manner and
upon the terms and conditions provided by chapter 475, except as otherwise provided in
this section. The bonds are payable only from and secured by an irrevocable pledge of
the revenues to be derived from the operation of any buildings or structures acquired,
constructed, completed, remodeled, or equipped in whole or in part with the proceeds of
the bonds and from other income and revenues described in section 136F.92, clause (1),
the board by resolution specifies, and notwithstanding this limitation all bonds issued
under sections 136F.90 to 136F.98 shall have the qualities of negotiable instruments under
the laws of this state. The legislature shall not appropriate money from the general fund to
pay for these bonds.

Sec. 21.

Minnesota Statutes 2007 Supplement, section 141.25, subdivision 5, is
amended to read:


Subd. 5.

Bond.

(a) No license shall be issued to any school which maintains,
conducts, solicits for, or advertises within the state of Minnesota any program, unless the
applicant files with the office a continuous corporate surety bond written by a company
authorized to do business in Minnesota conditioned upon the faithful performance of all
contracts and agreements with students made by the applicant.

(b)new text begin(1)new text end The amount of the surety bond shall be ten percent of the preceding year's
gross income from student tuition, fees, and other required institutional charges, but in
no event less than $10,000 nor greater than $250,000, except that a school may deposit a
greater amount at its own discretion. A school in each annual application for licensure
must compute the amount of the surety bond and verify that the amount of the surety bond
complies with this subdivision, unless the school maintains a surety bond equal to at least
$250,000. A school that operates at two or more locations may combine gross income
from student tuition, fees, and other required institutional charges for all locations for the
purpose of determining the annual surety bond requirement. The gross tuition and fees
used to determine the amount of the surety bond required for a school having a license for
the sole purpose of recruiting students in Minnesota shall be only that paid to the school
by the students recruited from Minnesota.

new text begin (2) A school 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 by
another state agency or board shall be required to provide a school bond of $10,000.
new text end

(c) The bond shall run to the state of Minnesota and to any person who may have a
cause of action against the applicant arising at any time after the bond is filed and before it
is 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 shall not
exceed the principal sum deposited by the school under paragraph (b). The surety of any
bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved
of liability for any breach of condition occurring after the effective date of cancellation.

(d) In lieu of bond, the applicant may deposit with the commissioner of finance a
sum equal to the amount of the required surety bond in cash, or securities as may be
legally purchased by savings banks or for trust funds in an aggregate market value equal
to the amount of the required surety bond.

(e) Failure of a school to post and maintain the required surety bond or deposit under
paragraph (d) shall result in denial, suspension, or revocation of the school's license.

Sec. 22.

Minnesota Statutes 2006, section 141.25, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Schools licensed by another state agency or board. new text end

new text begin A school 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 by another state agency or board shall
be required to satisfy only the requirements of subdivisions 3, clauses (1), (2), (3), (5), (7),
and (10); 4; 5, paragraph (b), clause (2); 7, clauses (1) and (10); 8; 9, clause (13); and 12.
new text end

Sec. 23.

Minnesota Statutes 2007 Supplement, section 141.28, subdivision 1, is
amended to read:


Subdivision 1.

Disclosure requirednew text begin; advertisement restrictednew text end.

deleted text beginAdeleted text endnew text begin Schools, agents
of schools, and solicitors may not advertise or represent in writing or orally that the school
is approved or accredited by the state of Minnesota, except that any
new text end school, agent, or
solicitor may represent in advertisements and shall disclose in catalogues, applications,
and enrollment materials that the school is duly licensed by the state by prominently
displaying the following statement:

"(Name of school) is licensed as a private career school with the Minnesota Office of
Higher Education pursuant to Minnesota Statutes, sections 141.21 to 141.32. Licensure is
not an endorsement of the institution. Credits earned at the institution may not transfer
to all other institutions."

Sec. 24.

Minnesota Statutes 2007 Supplement, section 141.35, is amended to read:


141.35 EXEMPTIONS.

Sections 141.21 to 141.32 shall not apply to the following:

(1) public postsecondary institutions;

(2) postsecondary institutions registered under sections deleted text begin136A.615deleted text endnew text begin 136A.61new text end to
136A.71;

(3) schools of nursing accredited by the state Board of Nursing or an equivalent
public board of another state or foreign country;

(4) private schools complying with the requirements of section 120A.22, subdivision
4
;

(5) courses taught to students in a valid apprenticeship program taught by or
required by a trade union;

(6) schools exclusively engaged in training physically or mentally disabled persons
for the state of Minnesota;

(7) schools licensed by boards authorized under Minnesota law to issue licensesnew text begin
except schools required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in their names
new text end;

(8) schools and educational programs, or training programs, contracted for by
persons, firms, corporations, government agencies, or associations, for the training of their
own employees, for which no fee is charged the employee;

(9) schools engaged exclusively in the teaching of purely avocational, recreational,
or remedial subjects as determined by the officenew text begin except schools required to obtain a private
career school license due to the use of "academy," "institute," "college," or "university"
in their names
new text end;

(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 section 290.05 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 performance of works of the imagination which are engaged in for the primary
purpose of creative expression rather than commercial sale or employment. In making
this determination the office may seek the advice and recommendation of the Minnesota
Board of the Arts;

(12) classes, courses, or programs intended to fulfill the continuing education
requirements for licensure or certification in a profession, that have been approved by
a legislatively or judicially established board or agency responsible for regulating the
practice of the profession, and that are offered exclusively to an individual practicing
the profession;

(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
that are not part of the curriculum for an occupation or entry level employmentnew text begin except
schools required to obtain a private career school license due to the use of "academy,"
"institute," "college," or "university" in their names
new text end;

(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 to prepare
a person for entry level employment; and

(17) schools with no physical presence in Minnesota, as determined by the office,
engaged exclusively in offering distance instruction that are located in and regulated
by other states or jurisdictions.

Sec. 25.

Minnesota Statutes 2006, section 144.1501, subdivision 2, is amended to read:


Subd. 2.

Creation of account.

(a) A health professional education loan forgiveness
program account is established. The commissioner of health shall use money from the
account to establish a loan forgiveness program:

(1) for medical residents agreeing to practice in designated rural areas or underserved
urban communities or specializing in the area of pediatric psychiatry;

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach
deleted text begin fordeleted text end at least deleted text begin20 hoursdeleted text endnew text begin 12 credit hours, or 720 hoursnew text end per deleted text beginweekdeleted text endnew text begin yearnew text end in the nursing field in a
postsecondary programnew text begin at the undergraduate level or the equivalent at the graduate levelnew text end;

(3) for nurses who agree to practice in a Minnesota nursing home or intermediate
care facility for persons with developmental disability or to teach deleted text beginfordeleted text end at least deleted text begin20 hoursdeleted text end new text begin12
credit hours, or 720 hours
new text endper deleted text beginweekdeleted text endnew text begin yearnew text end in the nursing field in a postsecondary programnew text begin at
the undergraduate level or the equivalent at the graduate level
new text end;

(4) for other health care technicians agreeing to teach deleted text beginfordeleted text end at least deleted text begin20 hoursdeleted text endnew text begin 12 credit
hours, or 720 hours
new text end per deleted text beginweekdeleted text endnew text begin yearnew text end in their designated field in a postsecondary programnew text begin
at the undergraduate level or the equivalent at the graduate level
new text end. The commissioner, in
consultation with the Healthcare Education-Industry Partnership, shall determine the
health care fields where the need is the greatest, including, but not limited to, respiratory
therapy, clinical laboratory technology, radiologic technology, and surgical technology;

(5) for pharmacists who agree to practice in designated rural areas; and

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient
encounters to state public program enrollees or patients receiving sliding fee schedule
discounts through a formal sliding fee schedule meeting the standards established by
the United States Department of Health and Human Services under Code of Federal
Regulations, title 42, section 51, chapter 303.

(b) Appropriations made to the account do not cancel and are available until
expended, except that at the end of each biennium, any remaining balance in the account
that is not committed by contract and not needed to fulfill existing commitments shall
cancel to the fund.

Sec. 26.

new text begin [150A.061] ORAL HEALTH PRACTITIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Oral health practitioner requirements. new text end

new text begin The board shall authorize
a person to practice as an oral health practitioner if that person is qualified under this
section, works under the supervision of a Minnesota-licensed dentist pursuant to a
written collaborative management agreement, is licensed by the board, and practices in
compliance with this section and rules adopted by the board. No oral health practitioner
shall be authorized to practice prior to January 1, 2011. To be qualified to practice under
this section, the person must:
new text end

new text begin (1) be a graduate of an oral health practitioner education program that is accredited
by a national accreditation organization to the extent required under subdivision 2 and
approved by the board;
new text end

new text begin (2) pass a comprehensive, competency-based clinical examination that is approved
by the board and administered independently of an institution providing oral health
practitioner education; and
new text end

new text begin (3) satisfy the requirements established in this section and by the board.
new text end

new text begin Subd. 2. new text end

new text begin Education program approval. new text end

new text begin If a national accreditation program for
midlevel practitioners is established by the Commission on Dental Accreditation or
another national accreditation organization, the board shall require that an oral health
practitioner be a graduate of an accredited education program.
new text end

new text begin Subd. 3. new text end

new text begin Requirement to practice in underserved areas. new text end

new text begin As a condition of
being granted authority to practice as an oral health practitioner under this section,
the practitioner must agree to practice in settings serving low-income, uninsured, and
underserved patients or in a dental health professional shortage area as determined by the
commissioner of health.
new text end

new text begin Subd. 4. new text end

new text begin Application of other laws. new text end

new text begin An oral health practitioner authorized
to practice under this section is not in violation of section 150A.05 relating to the
unauthorized practice of dentistry and chapter 151 relating to authority to prescribe,
dispense, or administer drugs.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking. new text end

new text begin The Board of Dentistry may adopt rules to implement this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 27.

Laws 2007, chapter 144, article 1, section 3, subdivision 18, is amended to
read:


Subd. 18.

Transfers

The Minnesota Office of Higher Education
may transfer unencumbered balances from
the appropriations in this section to the
state grant appropriation, the interstate
tuition reciprocity appropriation, the
child care grant appropriation,new text begin the Indian
scholarship appropriation,
new text end the state work
study appropriation, the public safety officers'
survivors appropriation, and the Minnesota
college savings plan appropriation. Transfers
from the child care or state work study
appropriations may only be made to the
extent there is a projected surplus in the
appropriation. A transfer may be made
only with the prior written approval of the
commissioner of finance and prior written
notice to the chairs of the senate and house
committees with jurisdiction over higher
education finance.

Sec. 28.

Laws 2007, chapter 144, article 1, section 5, subdivision 2, is amended to read:


Subd. 2.

Operations and Maintenance

621,184,000
637,824,000

This appropriation includes funding for
operation and maintenance of the system
including amounts to advance the University
of Minnesota's efforts to sustain quality
and competitiveness; and funding for the
"Advancing Education" initiatives including
an Ojibwe Indian language program on the
Duluth campus.

This appropriation includes funding to
establish banded tuition at the Morris,
Crookston, and Duluth campuses to reduce
tuition costs for students.

This appropriation includes funding for
scholarships for undergraduate Minnesota
resident students with family income under
$150,000 per year. This appropriation must
be matched with $1.50 of nonstate money for
each $1 of state money.

This appropriation includes funding for the
Center for Transportation Studies to complete
a study to assess public policy options for
reducing the volume of greenhouse gases
emitted from the transportation sector in
Minnesota. The Center for Transportation
Studies must report its preliminary findings
to the legislature by February 1, 2008, and
must issue its full report by June 1, 2008.
This is a onetime appropriation.

This appropriation includes funding to
establish an India Center to improve and
promote relations with India and Southeast
Asia. The center must partner with public
and private organizations in Minnesota to:

(1) foster an understanding of the history,
culture, and values of India;

(2) serve as a resource and catalyst to
promote economic, governmental, and
academic pursuits involving India; and

(3) facilitate educational and business
exchanges and partnerships, collaborative
research, and teaching and training activities
for Minnesota students and teachers.

The Board of Regents may establish an
advisory council to facilitate the mission
and objectives of the India Center and must
report on the progress of the India Center
by February 15, 2008, to the governor
and chairs of the legislative committees
responsible for higher education finance.
This appropriation must be matched by an
equal amount of nonstate money. This is a
onetime appropriation.

This appropriation includes funding to assist
in the formation of the neighborhood alliance
and for projects identified in section 10. The
alliance, the Board of Regents, and the city of
Minneapolis may cooperate on the projects
and may use public services of other entities
to complete all or a portion of a project. This
is a onetime appropriation.

This appropriation includes funding to
establish a Dakota language teacher training
immersion program on the Twin Cities
campus to prepare teachers to teach in
Dakota language immersion programs.

deleted text begin Onedeleted text end new text beginTwo new text endpercent of the appropriation in
this subdivision new text beginfor the second year new text endis
available when the Board of Regents of the
University of Minnesota demonstrates to
the commissioner of finance that the board
has met at least three of the five following
performance goals:

(1) increase financial support to pay the cost
of attendance for students demonstrating
financial need;

(2) maintain or improve the University of
Minnesota's rank in its national share of
total research and development expenditures
reported to the National Science Foundation
over the 2007 ranking;

(3) increase by at least five percent, compared
to fiscal year 2007, the number of degrees
awarded in science, technology, engineering,
mathematics, and health sciences disciplines;

(4) increase by at least five percent, compared
to fiscal year 2007, the amount of financial
support from key funding sources for
renewable energy research; and

(5) increase and improve interaction and
research activity beneficial to business and
industry.

By October 1, 2007, the Board of Regents
and the Office of Higher Education must
agree on specific numerical indicators and
definitions for each of the five goals that will
be used to demonstrate the University of
Minnesota's attainment of each goal.

On or before April 1, 2008, the Board
of Regents must report to the legislative
committees with primary jurisdiction over
higher education finance and policy the
progress of the University of Minnesota
toward attaining the goals.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29. new text beginORAL PRACTITIONER WORK GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Oral health practitioner work group. new text end

new text begin By August 1, 2008,
the commissioner of health, or the commissioner's designee, in consultation with the
Board of Dentistry, shall convene the first meeting of the work group appointed under
subdivision 2 to develop recommendations and proposed legislation for the education
and regulation of oral health practitioners. The work group's recommendations must
include an implementation schedule that allows for enrollment of students in oral health
practitioner educational programs by the fall of 2009. The work group shall provide
recommendations and proposed legislation on the following issues:
new text end

new text begin (1) necessary education and competencies, including clinical training requirements,
faculty expertise, and facilities;
new text end

new text begin (2) the appropriate program accreditation;
new text end

new text begin (3) scope of practice that reflects the education and training of the oral health
practitioner and includes the following services: preventive, primary diagnostic,
educational, palliative, therapeutic, and restorative oral health services, including
preparation of cavities and restoration of primary and permanent teeth using direct
placement of appropriate dental materials, temporary placement of crowns and restorations
and placement of preformed crowns; pulpotomies on primary teeth; direct and indirect
pulp capping in primary and permanent teeth; extractions of primary and permanent
teeth; placing and removing sutures; and providing reparative services to patients with
defective prosthetic appliances. In recommending scope of practice for the oral health
practitioner, the work group may consider which services may be provided to children and
which services may be more appropriately provided to adults;
new text end

new text begin (4) the level of supervision required by a licensed dentist, including any limitations,
restrictions, or dentist supervision requirements the work group recommends that should
be applied to any of the services or procedures listed in clause (3);
new text end

new text begin (5) the medications that may be prescribed, administered, and dispensed by an oral
health practitioner if authorized by the supervising dentist in a collaborative agreement.
These may be limited to medications for anti-infective therapies, nonnarcotic pain
management, and prevention;
new text end

new text begin (6) extractions that may be performed by an oral health practitioner if authorized
by the supervising dentist in a collaborative agreement and are within any limitations,
restrictions, and level of supervision requirements recommended by the work group;
new text end

new text begin (7) criteria for determining in which practice settings oral health practitioners
should be authorized to practice in order to improve access to dental care for low-income,
uninsured, and underserved populations, including a definition of "underserved";
new text end

new text begin (8) an assessment of the economic impact of oral health practitioners to the provision
of dental services and access to these services;
new text end

new text begin (9) an evaluation process that includes clearly defined outcomes and a process for
assessing whether these outcomes were successfully met; and
new text end

new text begin (10) licensure and regulatory requirements, including licensing fees.
new text end

new text begin Subd. 2. new text end

new text begin Membership and operation of work group. new text end

new text begin (a) The work group shall
consist of the following members:
new text end

new text begin (1) one dentist and one dental hygienist appointed by the University of Minnesota
School of Dentistry;
new text end

new text begin (2) two persons appointed by the Minnesota State Colleges and Universities, at least
one of whom must be a dentist;
new text end

new text begin (3) one representative, who must be a dentist, appointed by the Board of Dentistry;
new text end

new text begin (4) two dentists appointed by the Minnesota Dental Association;
new text end

new text begin (5) one dental hygienist appointed by the Minnesota Dental Hygienists Association;
new text end

new text begin (6) two persons representing safety net dental providers serving low-income and
uninsured patients appointed by the Minnesota Safety Net Coalition at least one of whom
must be a dentist;
new text end

new text begin (7) a pediatric dentist appointed by the Minnesota Association of Pediatric Dentists;
new text end

new text begin (8) a representative of the commissioner of health; and
new text end

new text begin (9) a representative of the commissioner of human services.
new text end

new text begin (b) The appointing authorities under paragraph (a) must complete their appointments
no later than July 15, 2008. The work group must elect a chair from its membership at the
first meeting. The commissioner shall provide staff support and meeting space for the work
group. The members serve without compensation or reimbursement for any expenses.
new text end

new text begin Subd. 3. new text end

new text begin Research and recommendations. new text end

new text begin In developing its recommendations, the
work group shall review existing midlevel dental practitioner programs in other countries
and in Alaska and proposals for dental therapists, advanced practice dental hygienists,
and other models. The work group shall review research on midlevel practitioners and, to
the extent possible, base its recommendations on evidence-based strategies that are most
likely to: (1) improve access to needed oral health services for low-income, uninsured, and
underserved patients; (2) control the costs of education and dental services; (3) preserve
quality of care; and (4) protect patients from harm. The work group shall complete its
recommendations by December 15, 2008, and the commissioner and Board of Dentistry
shall submit a report containing the work group's recommendations and draft legislation to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health care and higher education issues by January 15, 2009.
new text end

new text begin Subd. 4. new text end

new text begin Costs of implementation. new text end

new text begin The commissioner of health may seek private
funding or grants to support the activities of the oral health practitioner work group, and
any money received is appropriated to the commissioner of health for that purpose. To the
extent the costs cannot be covered with grants and external funding, the commissioner
of health may charge a fee to the Minnesota State Colleges and Universities and the
University of Minnesota Dental School proposing to develop oral health practitioner
education programs to cover the remaining costs. Any fees collected shall be deposited
in the state government special revenue fund and appropriated to the commissioner for
the activities of the work group.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires on the date the report required under
subdivision 3 is submitted to the specified legislative members.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30. new text beginENROLLMENT PATTERN STUDY.
new text end

new text begin The Minnesota Office of Higher Education, as a part of the final report due on the
state grant program required in Laws 2007, chapter 144, section 9, shall study and evaluate
the enrollment patterns of students from low-income families in higher education. This
study may include an analysis of high school preparation levels, the enrollment response
to available federal and state financial aid, current net costs of attendance relative to family
income, and the patterns of family capacity and likelihood to borrow funds for college.
The report shall also identify and prepare cost estimates of additional support services
students from low-income families require to be successful in college and analyze current
efforts at various institutions in the state. The report shall identify potential changes in
the state grant program or related aid programs that would increase the participation and
success of students from low-income families in higher education in Minnesota.
new text end

Sec. 31. new text begin2010 APPOINTMENTS TO BOARD OF TRUSTEES.
new text end

new text begin Notwithstanding Minnesota Statutes, section 136F.02, the governor must consider
the recommendation under Minnesota Statutes, section 136F.045, in making appointments
to the board of trustees in 2010.
new text end