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SF 3683

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:07pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to higher education; providing for policy changes for the Office of Higher
Education, including financial aid, institutional approval, and the Minnesota college
savings plan; amending Minnesota Statutes 2018, sections 124D.09, subdivision
10a; 135A.15, subdivision 1a; 136A.01, subdivision 1; 136A.031, subdivision 3;
136A.121, by adding a subdivision; 136A.125, subdivision 3; 136A.1275,
subdivision 1; 136A.1701, subdivision 4; 136A.1791, subdivisions 1, 3; 136A.1795,
subdivision 4; 136A.65, subdivisions 7, 8; 136A.657, subdivisions 1, 2, 3;
136A.827, subdivision 4; 136A.829, subdivision 1; 136A.833, subdivision 1;
136A.834, subdivisions 1, 2; 136G.01; 136G.03, subdivisions 8, 10, 11, 20, 30,
31, by adding subdivisions; 136G.05, subdivisions 2, 5, 7; 136G.09, subdivisions
6, 8; 136G.11, subdivisions 11, 13; 136G.13; 136G.14; proposing coding for new
law in Minnesota Statutes, chapter 136A; repealing Minnesota Statutes 2018,
sections 136G.03, subdivisions 4, 22; 136G.05, subdivision 6.

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

ARTICLE 1

OFFICE OF HIGHER EDUCATION

Section 1.

Minnesota Statutes 2018, section 124D.09, subdivision 10a, is amended to read:


Subd. 10a.

new text beginStatewide new text endconcurrent enrollment deleted text beginparticipant surveydeleted text endnew text begin evaluationnew text end.

deleted text begin (a)
Postsecondary institutions offering courses taught by the secondary teacher according to
subdivision 10, and are members in the National Alliance of Concurrent Enrollment
Partnerships (NACEP), must report all required NACEP evaluative survey results by
September 1 of each year to the commissioners of the Office of Higher Education and the
Department of Education. The commissioners must report by December 1 of each year to
the committees of the legislature having jurisdiction over early education through grade 12
education.
deleted text end

deleted text begin (b) Postsecondary institutions that have not adopted and implemented the NACEP
program standards and required evidence for accreditation, are required to conduct an annual
survey of concurrent enrolled students who successfully completed the course who are one
year out of high school, beginning with the high school graduating class of 2016. By
September 1 of each year, the postsecondary institutions must report the evaluative survey
results to the commissioners of the Office of Higher Education and the Department of
Education. The commissioner must report by December 1 of each year to the committees
of the legislature having jurisdiction over early education through grade 12 education. The
survey must include, at a minimum, the following student information:
deleted text end

deleted text begin (1) the participant's future education plans, including the highest degree or certification
planned;
deleted text end

deleted text begin (2) whether the participant is enrolled or plans to enroll in a Minnesota postsecondary
institution, either public or private;
deleted text end

deleted text begin (3) the number of credits accepted or denied by postsecondary institutions;
deleted text end

deleted text begin (4) the college or university attended;
deleted text end

deleted text begin (5) the participant's satisfaction level with the concurrent enrollment program;
deleted text end

deleted text begin (6) the participant's demographics, such as gender, parent education level, qualification
for free or reduced-price lunch in high school, Pell grant qualification, and ethnicity; and
deleted text end

deleted text begin (7) a place for participants to provide commentsdeleted text endnew text begin The Office of Higher Education and
the Department of Education shall collaborate in order to provide annual statewide evaluative
information on concurrent enrollment programs to the legislature. The commissioners of
the Office of Higher Education and the Department of Education, in consultation with
stakeholders, including students and parents, must determine what student demographics
and outcomes data are appropriate to include in the evaluation, and will use systems available
to the office and department to minimize the reporting burden on postsecondary institutions.
The commissioners must report by December 1, 2021, and each year thereafter, to the
committees of the legislature with jurisdiction over early education through grade 12 and
Minnesota State Colleges and Universities
new text end.

Sec. 2.

Minnesota Statutes 2018, section 135A.15, subdivision 1a, is amended to read:


Subd. 1a.

Sexual assault definition.

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

new text begin (b) "Incident" means one report of sexual assault to a postsecondary institution, regardless
of the number of complainants included in the report, the number of respondents included
in the report, and whether or not the identity of any party is known by the reporting
postsecondary institution. Incident encompasses all nonconsensual events included within
one report if multiple events have been identified.
new text end

new text begin (c) new text end"Sexual assault" means rape, sex offenses - fondling, sex offenses - incest, or sex
offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart
D, appendix A, as amended.

Sec. 3.

Minnesota Statutes 2018, section 136A.01, subdivision 1, is amended to read:


Subdivision 1.

Creation.

The Officenew text begin of Higher Education, which may also be known
as the Minnesota Office of Higher Education,
new text end is created with a commissioner appointed by
the governor with the advice and consent of the senate and serving at the pleasure of the
governor.

Sec. 4.

Minnesota Statutes 2018, section 136A.031, subdivision 3, is amended to read:


Subd. 3.

Student Advisory Council.

(a) A Student Advisory Council (SAC) to the
office is established. The members of SAC shall include: the chair of the University of
Minnesota student senate; the state chair of the Minnesota State University Student
Association; the president of the Minnesota State College Student Association and an officer
of the Minnesota State College Student Association, one in a community college course of
study and one in a technical college course of study; a student who is enrolled in a private
nonprofit postsecondary institution, to be elected by students enrolled in Minnesota Private
College Council institutions; deleted text beginanddeleted text end a student who is enrolled in a private deleted text beginfor-profit
postsecondary institution
deleted text endnew text begin career schoolnew text end, to be elected by students enrolled in Minnesota
deleted text begin Career College Association institutionsdeleted text endnew text begin private career schools; and a student who is enrolled
in a Minnesota tribal college to be elected by students enrolled in Minnesota tribal colleges
new text endnew text begin.
If students from the private career schools or tribal colleges do not elect a representative,
the commissioner must appoint a student representative
new text end. If students from the Minnesota
Private College Council institutions do not elect a representative, the Minnesota Private
College Council must appoint the private nonprofit representative. deleted text beginIf students from the
Minnesota
deleted text enddeleted text beginCareer College Association institutions do not elect a representative, the Minnesota
Career College Association must appoint the private for-profit representative.
deleted text end A member
may be represented by a student designee who attends an institution from the same system
that the absent member represents. The SAC shall select one of its members to serve as
chair.

(b) The office shall inform the SAC of all matters related to student issues under
consideration. The SAC shall report to the office quarterly and at other times that the SAC
considers desirable. The SAC shall determine its meeting times, but it shall also meet with
the office within 30 days after the commissioner's request for a meeting.

(c) The SAC shall:

(1) bring to the attention of the office any matter that the SAC believes needs the attention
of the office;

(2) make recommendations to the office as it finds appropriate; and

(3) approve student appointments by the office for each advisory group as provided in
subdivision 4.

Sec. 5.

new text begin [136A.032] COMMUNITY AND COMMISSIONER PARTICIPATION IN
POSTSECONDARY EDUCATION OF AMERICAN INDIANS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The term used in this section has the meaning given in
this subdivision.
new text end

new text begin (b) "Tribal Nations Education Committee" means the committee established through
tribal directive, for which the commissioner consults on matters related to American Indian
postsecondary education programs, policy, and all matters related to educating Minnesota's
American Indian postsecondary students. The membership of the Tribal Nations Education
Committee is determined by and at the sole discretion of the committee members, and
nothing in this section authorizes the commissioner to dictate committee membership.
new text end

new text begin Subd. 2. new text end

new text begin American Indian community involvement. new text end

new text begin The commissioner must provide
for the involvement of the Tribal Nations Education Committee, American Indian
postsecondary students, and representatives of community groups in the establishment of
programs, formation of policies, and all other matters related to the postsecondary education
of Minnesota's American Indian students.
new text end

new text begin Subd. 3. new text end

new text begin Consultation with the Tribal Nations Education Committee. new text end

new text begin (a) The
commissioner shall seek consultation with the Tribal Nations Education Committee regarding
programs, policies, and all other matters related to the postsecondary education of Minnesota's
American Indian students.
new text end

new text begin (b) Nothing in this subdivision prevents the commissioner from seeking consultation
with individual tribal nations.
new text end

Sec. 6.

new text begin [136A.096] FINANCIAL AID GOALS.
new text end

new text begin The legislature directs the commissioner of the Office of Higher Education, in
coordination with the Minnesota Department of Education and the Minnesota Association
of Secondary School Principals, to set an annual goal for the percentage of Minnesota's
high school seniors completing the Free Application for Federal Student Aid (FAFSA).
new text end

Sec. 7.

Minnesota Statutes 2018, section 136A.121, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin Institutional prohibition. new text end

new text begin An institution receiving financial aid under this
section must not suspend or withdraw a student from class attendance and resources during
a period of instruction due to an unpaid student account balance unless the student is eligible
for a full tuition and fee refund. A period of instruction for the purposes of this subdivision
means a new academic term that may be measured in semesters, trimesters, quarters, interim
terms, mini terms, or one or more modules so that a student who begins attendance in that
new academic term incurs additional tuition and fee charges beyond any outstanding student
account balance due to the institution for prior completed terms of enrollment. An institution
that measures a program in clock hours and that includes language in the enrollment contract
between it and the student to only charge tuition by payment period, is also covered by this
subdivision.
new text end

Sec. 8.

Minnesota Statutes 2018, section 136A.125, subdivision 3, is amended to read:


Subd. 3.

Eligible institution.

A Minnesota public postsecondary institution, a Minnesota
private, baccalaureate deleted text begindegree grantingdeleted text endnew text begin degree-grantingnew text end college or university, deleted text beginordeleted text end a Minnesota
nonprofit two-year vocational technical school granting associate degreesnew text begin, or a Minnesota
postsecondary institution offering only graduate or professional degrees
new text end is eligible to receive
child care funds from the office and disburse them to eligible students.

Sec. 9.

Minnesota Statutes 2018, section 136A.1275, subdivision 1, is amended to read:


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 enrolled
in a Professional Educator Licensing and Standards Board-approved teacher preparation
program who intend to teach in a shortage area after graduating and receiving their teaching
license or belong to an underrepresented racial or ethnic group.

(b) "Shortage area" means a license field or economic development region within
Minnesota defined as a shortage area by the deleted text beginDepartment of Educationdeleted text end new text beginProfessional Educator
Licensing and Standards Board in coordination with the commissioner
new text endusing data collected
for the teacher supply and demand report under section deleted text begin127A.05, subdivision 6, or otherdeleted text end
new text begin 122A.091, subdivision 5new text end deleted text beginsurveys conducted by the Department of Education that provide
indicators for teacher supply and demand
deleted text end.

Sec. 10.

Minnesota Statutes 2018, section 136A.1701, subdivision 4, is amended to read:


Subd. 4.

Terms and conditions of loans.

(a) The office may loan money upon such
terms and conditions as the office may prescribe.

(b) The maximum loan amount to students deleted text beginenrolled in a bachelor's degree program,
postbaccalaureate, or graduate program
deleted text end must be determined annually by the office. deleted text beginFor all
other eligible students, the principal amount of the loan must not exceed $7,500 per grade
level.
deleted text endnew text begin Loan limits are defined based on the type of program enrollment, such as a certificate,
an associate's degree, a bachelor's degree, or a graduate program.
new text end The aggregate principal
amount of all loans made subject to this paragraph to a student as an undergraduate and
graduate student must not exceed $140,000. The amount of the loan must not exceed the
cost of attendance as determined by the eligible institution less all other financial aid,
including PLUS loans or other similar parent loans borrowed on the student's behalf. deleted text beginThe
cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (c).
deleted text end

(c)deleted text begin(1)deleted text end The cumulative borrowing maximums must be determined annually by the office
deleted text begin for students enrolled in a bachelor's degree program or postbaccalaureate programdeleted text endnew text begin and are
defined based on program enrollment
new text end. In determining the cumulative borrowing maximums,
the office shall, among other considerations, take into consideration the maximum SELF
loan amount, student financing needs, funding capacity for the SELF program, delinquency
and default loss management, and current financial market conditions.

deleted text begin (2) For all other eligible students, the cumulative borrowing maximums are:
deleted text end

deleted text begin (i) grade level 1, $7,500;
deleted text end

deleted text begin (ii) grade level 2, $15,000;
deleted text end

deleted text begin (iii) grade level 3, $22,500;
deleted text end

deleted text begin (iv) grade level 4, $30,000; and
deleted text end

deleted text begin (v) grade level 5, $37,500.
deleted text end

Sec. 11.

Minnesota Statutes 2018, section 136A.1791, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The terms used in this section have the meanings given
them in this subdivision.

(b) "Qualified educational loan" means a government, commercial, or foundation loan
for actual costs paid for tuition and reasonable educational and living expenses related to a
teacher's preparation or further education.

(c) "School district" means an independent school district, special school district,
intermediate district, education district, special education cooperative, service cooperative,
a cooperative center for vocational education, or a charter school located in Minnesota.

(d) "Teacher" means an individual holding a teaching license issued by the Professional
Educator Licensing and Standards Board who is employed by a school district to provide
classroom instruction.

(e) "Teacher shortage area" means:

(1) the licensure fields and economic development regions reported by the deleted text begincommissioner
of education
deleted text end new text beginProfessional Educator Licensing and Standards Board in coordination with the
commissioner
new text endas experiencing a teacher shortage; and

(2) economic development regions where there is a shortage of licensed teachers who
reflect the racial or ethnic diversity of students in the region as reported by the deleted text begincommissioner
of education
deleted text endnew text begin Professional Educator Licensing and Standards Board in coordination with the
commissioner
new text end.

(f) "Commissioner" means the commissioner of the Office of Higher Education unless
indicated otherwise.

Sec. 12.

Minnesota Statutes 2018, section 136A.1791, subdivision 3, is amended to read:


Subd. 3.

Use of report on teacher shortage areas.

deleted text beginThe commissioner of education
shall use
deleted text end new text beginUsing data collected for new text endthe teacher supply and demand report to the legislature
deleted text begin todeleted text endnew text begin under section 122A.091, subdivision 5, Professional Educator Licensing and Standards
Board shall
new text end identify the licensure fields and economic development regions in Minnesota
experiencing a teacher shortage.

Sec. 13.

Minnesota Statutes 2018, section 136A.1795, subdivision 4, is amended to read:


Subd. 4.

Loan forgiveness.

(a) The commissioner may select deleted text begina maximum of fivedeleted text endnew text begin eligiblenew text end
applicants each year for participation in the loan forgiveness program, within the limits of
available funding. Applicants are responsible for securing their own qualified educational
loans.

(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 is less,
for each year that a participant meets the service obligation required under subdivision 3,
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 a confirmation of practice form provided by
the commissioner verifying that the participant is practicing as required under 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 been applied
toward the designated loans. After each disbursement, verification must be received 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 as
they practice as required under subdivision 2, paragraph (a).

Sec. 14.

Minnesota Statutes 2018, section 136A.65, subdivision 7, is amended to read:


Subd. 7.

Conditional approval.

(a) The office may grant a school a one-year conditional
approval for a degree or use of a term in its name if doing so would be in the best interests
of currently enrolled students or prospective students. Conditional approval of a degree or
use of a term under this paragraph must not exceed a period of three years.

(b) The office may grant new schoolsnew text begin physically located in Minnesotanew text end and new text beginnew new text endprograms
a one-year conditional approval for degrees or use of a term in its name to allow the school
the opportunity to apply for and receive accreditation as required in subdivision 1a.
Conditional approval of a school or program under this paragraph must not exceed a period
of five years. A new school or program granted conditional approval may be allowed to
continue in order to complete an accreditation process upon terms and conditions the office
determines.

(c) The office may grant a registered school a one-year conditional approval for degrees
or use of a term in its name to allow the school the opportunity to apply for and receive
accreditation as required in subdivision 1a if the school's accrediting agency is no longer
recognized by the United States Department of Education for purposes of eligibility to
participate in Title IV federal financial aid programs. The office must not grant conditional
approvals under this paragraph to a school for a period of more than five years.

(d) The office may grant a registered school a one-year conditional approval for degrees
or use of a term in its name to allow the school to change to a different accrediting agency
recognized by the United States Department of Education for purposes of eligibility to
participate in Title IV federal financial aid programs. The office must not grant conditional
approvals under this paragraph to a school for a period of more than five years.

Sec. 15.

Minnesota Statutes 2018, section 136A.65, subdivision 8, is amended to read:


Subd. 8.

Disapproval of registrationnew text begin;new text end appeal.

(a) new text beginBy giving written notice and reasons
to the school,
new text endthe office may deleted text beginrefuse to renew,deleted text endnew text begin:
new text end

new text begin (1)new text end revoke, deleted text beginordeleted text end suspendnew text begin, or refuse to renewnew text end registrationdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) refusenew text end approval of a school's degreedeleted text begin, ordeleted text endnew text begin; and
new text end

new text begin (3) refuse approval ofnew text end use of a regulated term in its name deleted text beginby giving written notice and
reasons to the school
deleted text end.

(b) Reasons for revocation or suspension of registration or approval may be for one or
more of the following reasons:

(1) violating the provisions of sections 136A.61 to 136A.71;

(2) providing false, misleading, or incomplete information to the office;

(3) presenting information about the school which is false, fraudulent, misleading,
deceptive, or inaccurate in a material respect to students or prospective students; deleted text beginor
deleted text end

(4) refusing to allow reasonable inspection or to supply reasonable information after a
written request by the office has been receiveddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) having been administratively determined by the commissioner or judicially determined
to have committed fraud or any other material violation of law involving federal, state, or
local government funds.
new text end

(c) Any order refusing, revoking, or suspending a school's registration, approval of a
school's degree, or use of a regulated term in the school's name is appealable in accordance
with chapter 14. The request must be in writing and made to the office within 30 days of
the date the school is notified of the action of the office. If a school has been operating and
its registration has been revoked, suspended, or refused by the office, the order is not effective
until the final determination of the appeal, unless immediate effect is ordered by the court.

Sec. 16.

Minnesota Statutes 2018, section 136A.657, subdivision 1, is amended to read:


Subdivision 1.

Exemption.

deleted text begin Any deleted text end new text begin (a) A program is exempt from the provisions of sections
136A.61 to 136A.71 if it is:
new text end

new text begin (1) offered by anew text end school or any department or branch of a school deleted text begin(a) whichdeleted text endnew text begin thatnew text end is
substantially owned, operatednew text begin,new text end or supported by a bona fide church or religious organization;
deleted text begin (b) whose programs are
deleted text end

new text begin (2)new text end primarily designed for, aimed at and attended by persons who sincerely hold or seek
to learn the particular religious faith or beliefs of that church or religious organization; and

deleted text begin (c) whose programs aredeleted text endnew text begin (3)new text end primarily intended to prepare its students to become ministers
of, to enter into some other vocation closely related to, or to conduct their lives in consonance
with, the particular faith of that church or religious organizationdeleted text begin,deleted text endnew text begin.
new text end

deleted text begin is exempt from the provisions of sections 136A.61 to 136A.834.
deleted text end

new text begin (b) A school or a department or branch of a school is exempt from the provisions of
sections 136A.61 to 136A.71 if all of its programs are exempt under paragraph (a).
new text end

Sec. 17.

Minnesota Statutes 2018, section 136A.657, subdivision 2, is amended to read:


Subd. 2.

Limitation.

new text begin(a) new text endThis exemption shall not extend to any new text beginprogram or new text endschool or
to any department or branch of a school deleted text beginwhichdeleted text endnew text begin thatnew text end through advertisements or solicitations
represents to any students or prospective students that the school, its aims, goals, missions
or purposes or its programs are different from those described in subdivision 1.

new text begin (b)new text end This exemption shall not extend to any school deleted text beginwhichdeleted text endnew text begin thatnew text end represents to any student
or prospective student that the major purpose of its programs is tonew text begin:
new text end

new text begin (1)new text end prepare the student for a vocation not closely related to that particular religious faithdeleted text begin,deleted text endnew text begin;new text end
or deleted text beginto
deleted text end

new text begin (2)new text end provide the student with a general educational program recognized by other schools
or the broader educational, business or social community as being substantially equivalent
to the educational programs offered by schools or departments or branches of schools deleted text beginwhichdeleted text endnew text begin
that
new text end are not exempt from sections 136A.61 to 136A.71, and rules adopted pursuant thereto.

Sec. 18.

Minnesota Statutes 2018, section 136A.657, subdivision 3, is amended to read:


Subd. 3.

Scope.

Nothing in sections 136A.61 to deleted text begin136A.834deleted text endnew text begin 136A.71new text end, or the rules adopted
pursuant thereto, shall be interpreted as permitting the office to determine the truth or falsity
of any particular set of religious beliefs.

Sec. 19.

Minnesota Statutes 2018, section 136A.827, subdivision 4, is amended to read:


Subd. 4.

Proration.

When a student has been accepted by a private career school and
gives deleted text beginwrittendeleted text end notice of cancellation after the program of instruction has begun, but before
completion of 75 percent of the program, the amount charged for tuition, fees and all other
charges shall be prorated based on the number of days in the term as a portion of the total
charges for tuition, fees and all other charges. An additional 25 percent of the total cost of
the program may be added but shall not exceed $100. After completion of 75 percent of the
program, no refunds are required. new text beginA notice of cancellation from a student under this
subdivision must be confirmed in writing by the private career school and mailed to the
student's last known address. The confirmation from the school must state that the school
has withdrawn the student from enrollment, and if this action was not the student's intent,
the student must contact the school.
new text end

Sec. 20.

Minnesota Statutes 2018, section 136A.829, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

The office may, after notice and upon providing an opportunity
for a hearing, under chapter 14 if requested by the parties adversely affected, refuse to issue,
refuse to renew, revoke, or suspend a license or solicitor's permit for any of the following
grounds:

(1) violation of any provisions of sections 136A.821 to 136A.833 or any rule adopted
by the office;

(2) furnishing to the office false, misleading, or incomplete information;

(3) presenting to prospective students information relating to the private career school
that is false, fraudulent, deceptive, substantially inaccurate, or misleading;

(4) refusal to allow reasonable inspection or supply reasonable information after written
request by the office;

new text begin (5) having been administratively determined by the commissioner or judicially determined
to have committed fraud or any other material violation of law involving federal, state, or
local government funds; or
new text end

deleted text begin (5)deleted text endnew text begin (6)new text end the existence of any circumstance that would be grounds for the refusal of an
initial or renewal license under section 136A.822.

Sec. 21.

Minnesota Statutes 2018, section 136A.833, subdivision 1, is amended to read:


Subdivision 1.

Application for exemptions.

A school that seeks an exemption from the
provisions of sections 136A.822 to 136A.834new text begin for the school and all of its programs or some
of its programs
new text end must apply to the office to establish that the school meets the requirements
of an exemption. An exemption expires two years from the date of approval or when a
school adds a new program or makes a modification equal to or greater than 25 percent to
an existing educational program. If a school is reapplying for an exemption, the application
must be submitted to the office 90 days before the current exemption expires.

Sec. 22.

Minnesota Statutes 2018, section 136A.834, subdivision 1, is amended to read:


Subdivision 1.

Exemption.

deleted text begin Any deleted text end new text begin (a) A program is exempt from the provisions of sections
136A.821 to 136A.832 if it is:
new text end

new text begin (1) offered by anew text end private career school or any department or branch of a private career
schooldeleted text begin:
deleted text end

deleted text begin (1) whichdeleted text endnew text begin thatnew text end is substantially owned, operated, or supported by a bona fide church or
religious organization;

(2) deleted text beginwhose programs aredeleted text end primarily designed for, aimed at, and attended by persons who
sincerely hold or seek to learn the particular religious faith or beliefs of that church or
religious organization; and

(3) deleted text beginwhose programs aredeleted text end primarily intended to prepare its students to become ministers
of, to enter into some other vocation closely related to, or to conduct their lives in consonance
with the particular faith of that church or religious organizationdeleted text begin,deleted text endnew text begin.
new text end

deleted text begin is exempt from the provisions of sections 136A.821 to 136A.832.
deleted text end

new text begin (b) Any private career school or any department or branch of a private career school is
exempt from the provisions of sections 136A.821 to 136A.832 if all of its programs are
exempt under paragraph (a).
new text end

Sec. 23.

Minnesota Statutes 2018, section 136A.834, subdivision 2, is amended to read:


Subd. 2.

Limitations.

(a) An exemption shall not extend to any private career school,
department or branch of a private career school, or program of a private career school deleted text beginwhichdeleted text endnew text begin
that
new text end through advertisements or solicitations represents to any students or prospective students
that the school, its aims, goals, missions, purposes, or programs are different from those
described in subdivision 1.

(b) An exemption shall not extend to any private career school deleted text beginwhichdeleted text endnew text begin or program thatnew text end
represents to any student or prospective student that the major purpose of its programs is
to:

(1) prepare the student for a vocation not closely related to that particular religious faith;
or

(2) provide the student with a general educational program recognized by other private
career schools or the broader educational, business, or social community as being
substantially equivalent to the educational programs offered by private career schools or
departments or branches of private career schools which are not religious in nature and are
not exempt from sections 136A.82 to 136A.834 and from rules adopted under sections
136A.82 to 136A.834.

ARTICLE 2

MINNESOTA COLLEGE SAVINGS PLAN

Section 1.

Minnesota Statutes 2018, section 136G.01, is amended to read:


136G.01 PLAN ESTABLISHED.

A college savings plan known as new text begin"new text endthe Minnesota college savings plannew text begin" or "the Minnesota
529 college savings plan"
new text end is established. In establishing this plan, the legislature seeks to
encourage individuals to save for postsecondary education by:

(1) providing a qualified tuition plan under federal tax law; and

(2) encouraging individuals, foundations, and businesses to provide additional grants to
participating students.

Sec. 2.

Minnesota Statutes 2018, section 136G.03, subdivision 8, is amended to read:


Subd. 8.

Contribution.

"Contribution" means a payment directly allocated to an account
for the benefit of a beneficiary. For a rollover distribution, only the portion of the rollover
amount that constitutes investment in the account is treated as a contribution to the account.new text begin
For purposes of this chapter, "contribution" includes a recontribution that satisfies the
requirements of section 529(c)(3)(D) of the Internal Revenue Code.
new text end

Sec. 3.

Minnesota Statutes 2018, section 136G.03, subdivision 10, is amended to read:


Subd. 10.

Distribution.

"Distribution" means a disbursement from an account deleted text beginto the
account owner, the beneficiary, or the beneficiary's estate or to an eligible educational
institution
deleted text end. Distribution does not include a change of beneficiary to a member of the family
of the prior beneficiary or a rollover distribution.

Sec. 4.

Minnesota Statutes 2018, section 136G.03, subdivision 11, is amended to read:


Subd. 11.

Dormant account.

"Dormant account" means an account that has not received
contributions for at least three consecutive years and the account statements deleted text beginmaileddeleted text endnew text begin sentnew text end to
the account owner have been returned as undeliverable.

Sec. 5.

Minnesota Statutes 2018, section 136G.03, is amended by adding a subdivision to
read:


new text begin Subd. 17a. new text end

new text begin Elementary and secondary tuition. new text end

new text begin "Elementary and secondary tuition"
has the meaning provided under section 529(c)(7) of the Internal Revenue Code.
new text end

Sec. 6.

Minnesota Statutes 2018, section 136G.03, subdivision 20, is amended to read:


Subd. 20.

Maximum account balance limit.

"Maximum account balance limit" means
the amount established by the office under section 136G.09, subdivision 8, paragraph deleted text begin(d)deleted text endnew text begin
(b)
new text end.

Sec. 7.

Minnesota Statutes 2018, section 136G.03, subdivision 30, is amended to read:


Subd. 30.

Qualified higher education expenses.

"Qualified higher education expenses"
means expenses as defined in section 529(e)(3)new text begin, 529(c)(7), 529(c)(8), and 529(c)(9),new text end of the
Internal Revenue Code.

Sec. 8.

Minnesota Statutes 2018, section 136G.03, subdivision 31, is amended to read:


Subd. 31.

new text beginQualified new text endrollover distribution.

"new text beginQualified new text endrollover distribution" means a
deleted text begin transfer of funds made:
deleted text end

deleted text begin (1) from one account to another account within 60 days of a distribution;
deleted text end

deleted text begin (2) from another qualified state tuition program to an account within 60 days of the
distribution; or
deleted text end

deleted text begin (3) to another qualified state tuition program from an account within 60 days of a
distribution.
deleted text end

deleted text begin When there is a change of beneficiary in a rollover distribution, the transfer of funds
must be made for the benefit of a new beneficiary who is a member of the family of the
prior beneficiary. A rollover distribution from one qualified tuition plan to another once
every 12 months without a change of beneficiary is permitted
deleted text endnew text begin distribution that qualifies as
a rollover under section 529(c)(3)(C) of the Internal Revenue Code
new text end.

Sec. 9.

Minnesota Statutes 2018, section 136G.03, is amended by adding a subdivision to
read:


new text begin Subd. 33a. new text end

new text begin Taxable distribution. new text end

new text begin "Taxable distribution" means: (1) a distribution made
from an account other than a qualified distribution, the earnings on which are subject to one
or more federal taxes; or (2) a distribution subject to additional federal tax under section
529(c)(6) of the Internal Revenue Code.
new text end

Sec. 10.

Minnesota Statutes 2018, section 136G.05, subdivision 2, is amended to read:


Subd. 2.

Accounts-type plan.

The office must establish the plan and the plan must be
operated as an accounts-type plan that permits persons to save for qualified higher education
expenses deleted text beginincurred at any eligible educational institution, regardless of whether it is private
or public or whether it is located within or outside of the state
deleted text end. A separate account must be
maintained for each beneficiary for whom contributions are made.

Sec. 11.

Minnesota Statutes 2018, section 136G.05, subdivision 5, is amended to read:


Subd. 5.

deleted text beginNonqualifieddeleted text endnew text begin Taxablenew text end distributions and matching grants.

There cannot be
a deleted text beginnonqualified withdrawal ofdeleted text end new text begintaxable distribution of new text endmatching grant funds and any refund
of matching grants must be returned to the deleted text beginplandeleted text endnew text begin officenew text end.

Sec. 12.

Minnesota Statutes 2018, section 136G.05, subdivision 7, is amended to read:


Subd. 7.

Marketing.

The commissioner shall make parents and other interested
individuals aware of the availability and advantages of the deleted text beginprogramdeleted text endnew text begin plannew text end as a way to save
for higher education costs.

Sec. 13.

Minnesota Statutes 2018, section 136G.09, subdivision 6, is amended to read:


Subd. 6.

Change of beneficiary.

Except as provided for minor trust accounts in section
136G.14, an account owner may change the beneficiary of an account to a member of the
family of the current beneficiary, at any time without penalty, if the change will not cause
the total account balance of all accounts held for the new beneficiary to exceed the maximum
account balance limit as provided in subdivision 8. A change of beneficiary other than as
permitted in this subdivision is treated as a deleted text beginnonqualifieddeleted text endnew text begin taxablenew text end distribution under section
136G.13, subdivision 3.

Sec. 14.

Minnesota Statutes 2018, section 136G.09, subdivision 8, is amended to read:


Subd. 8.

Maximum account balance limit.

(a) When a contribution is made, the total
account balance of all accounts held for the same beneficiary, including matching grant
accounts, must not exceed the maximum account balance limit as determined under this
subdivision.

(b) The office must establish a maximum account balance limit. The office must adjust
the maximum account balance limit, as necessary, or on January 1 of each year. The
maximum account balance limit must not exceed the amount permitted for the plan to qualify
as a qualified tuition program under section 529 of the Internal Revenue Code.

deleted text begin (c) If the total account balance of all accounts held for a single beneficiary reaches the
maximum account balance limit prior to the end of that calendar year, the beneficiary may
receive an applicable matching grant for that calendar year.
deleted text end

Sec. 15.

Minnesota Statutes 2018, section 136G.11, subdivision 11, is amended to read:


Subd. 11.

Ownership of matching grant funds.

The state retains ownership of all
matching grants and earnings on matching grants until a qualified distribution is made to a
beneficiary deleted text beginordeleted text endnew text begin, an account owner,new text end an eligible educational institutionnew text begin, or any other third party
as requested by an account owner
new text end.

Sec. 16.

Minnesota Statutes 2018, section 136G.11, subdivision 13, is amended to read:


Subd. 13.

Forfeiture of matching grants.

(a) Matching grants are forfeited if:

(1) the account owner transfers the total account balance of an account to another account
or to another qualified tuition program;

(2) deleted text beginthe beneficiary receives a full tuition scholarship or is attending a United States
service academy
deleted text endnew text begin any of the exceptions under section 530(d)(4)(B)(i) to (iv) of the Internal
Revenue Code apply to the beneficiary, and the exceptions cover 100 percent of the
beneficiary's qualified higher education expenses, unless the account owner requests the
matching grant funds be used to make a qualified education loan repayment as defined in
section 529(c)(9) of the Internal Revenue Code
new text end;

(3) deleted text beginthe beneficiary dies or becomes disabled;
deleted text end

deleted text begin (4)deleted text end the account owner changes the beneficiary of the account; or

deleted text begin (5)deleted text endnew text begin (4)new text end the account owner closes the account with a deleted text beginnonqualified withdrawal.deleted text endnew text begin taxable
distribution.
new text end

(b) Matching grants must be proportionally forfeited if:

(1) the account owner transfers a portion of an account to another account or to another
qualified tuition program;new text begin or
new text end

(2) deleted text beginthe beneficiary receives a scholarship covering a portion of qualified higher education
expenses
deleted text endnew text begin the account owner takes a partial taxable distributionnew text enddeleted text begin; or
deleted text end

deleted text begin (3) the account owner makes a partial nonqualified withdrawaldeleted text end.

(c) If the account owner makes a misrepresentation in a participation agreement or an
application for a matching grant that results in a matching grant, the matching grant associated
with the misrepresentation is forfeited. The office and the board must instruct the plan
administrator as to the amount to be forfeited from the matching grant account. The office
and the board must withdraw the matching grant or the proportion of the matching grant
that is related to the misrepresentation.

Sec. 17.

Minnesota Statutes 2018, section 136G.13, is amended to read:


136G.13 ACCOUNT DISTRIBUTIONS.

Subdivision 1.

Qualified distribution methods.

(a) Qualified distributions may be
made:

(1) directly to participating eligible educational institutions on behalf of the beneficiary;

deleted text begin (2) in the form of a check payable to both the beneficiary and the eligible educational
institution; or
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end directly to the account owner or beneficiary deleted text beginif the account owner or beneficiary
has already paid qualified higher education expenses.
deleted text endnew text begin but only to the account owner if the
qualified distribution is for elementary or secondary tuition; or
new text end

new text begin (3) to any other third party as requested by the account owner.
new text end

(b) Qualified distributions must be withdrawn proportionally from contributions and
earnings in an account owner's account on the date of distribution as provided in section
529 of the Internal Revenue Code.

Subd. 2.

Matching grant accounts.

deleted text begin Qualified distributions are based on the total account
balances in an account owner's account and matching grant account, if any, on the date of
distribution. Qualified distributions must be withdrawn proportionally from each account
based on the relative total account balance of each account to the total account balance for
both accounts. Amounts for matching grants and matching grant earnings must
deleted text end deleted text begin only be
distributed for qualified higher education expenses.
deleted text end new text begin Matching grant account funds may be
used as part or all of a qualified distribution.
new text end

Subd. 3.

deleted text beginNonqualifieddeleted text endnew text begin Taxablenew text end distribution.

An account owner may request a
deleted text begin nonqualifieddeleted text endnew text begin taxablenew text end distribution from an account at any time. deleted text beginNonqualifieddeleted text endnew text begin Taxablenew text end
distributions are based on the total account balances in an account owner's account and must
be withdrawn proportionally from contributions and earnings as provided in section 529 of
the Internal Revenue Code. deleted text beginThe earnings portion of a nonqualified distribution is subject
to a federal additional tax pursuant to section 529 of the Internal Revenue Code.
deleted text end For purposes
of this subdivision, "earnings portion" means the ratio of the earnings in the account to the
total account balance, immediately prior to the distribution, multiplied by the distribution.

Subd. 4.

deleted text beginNonqualifieddeleted text endnew text begin Taxablenew text end distributions from matching grant accounts.

(a) If
an account owner requests a deleted text beginnonqualifieddeleted text endnew text begin taxablenew text end distribution from an account that has a
matching grant account, the total account balance of the matching grant account, if any, is
reduced.

(b) After the deleted text beginnonqualifieddeleted text endnew text begin taxablenew text end distribution is withdrawn from the account deleted text beginincluding
any penalty as provided in subdivision 3
deleted text end, the account owner forfeits matching grant amounts
in the same proportion as the deleted text beginnonqualifieddeleted text endnew text begin taxablenew text end distribution is to the total account balance
of the account.

Subd. 5.

Distributions due to death or disability of, or scholarship to, or attendance
at a United States military academy by, a beneficiary.

An account owner may request a
distribution due to the death or disability of, or scholarship to, or attendance at a United
States military academy by, a beneficiary from an account by submitting a completed request
to the plan. deleted text beginPrior to distribution, the account owner shall certify the reason for the distribution
and provide written confirmation from a third party that the beneficiary has died, become
disabled, or received a scholarship for attendance at an eligible educational institution, or
is attending a United States military academy. The plan must not consider a request to make
a distribution until a third-party written confirmation is received by the plan. For purposes
of this subdivision, a third-party written confirmation consists of the following:
deleted text end

deleted text begin (1) for death of the beneficiary, a certified copy of the beneficiary's death record;
deleted text end

deleted text begin (2) for disability of the beneficiary, a certification by a physician who is a doctor of
medicine or osteopathic medicine stating that the doctor is legally authorized to practice in
a state of the United States and that the beneficiary is unable to attend any eligible educational
institution because of an injury or illness that is expected to continue indefinitely or result
in death. Certification must be on a form approved by the plan;
deleted text end

deleted text begin (3) for a scholarship award to the beneficiary, a letter from the grantor of the scholarship
or from the eligible educational institution receiving or administering the scholarship, that
identifies the beneficiary by name and Social Security number or taxpayer identification
number as the recipient of the scholarship and states the amount of the scholarship, the
period of time or number of credits or units to which it applies, the date of the scholarship,
and, if applicable, the eligible educational institution to which the scholarship is to be
applied; or
deleted text end

deleted text begin (4) for attendance by the beneficiary at a United States military academy, a letter from
the military academy indicating the beneficiary's enrollment and attendance
deleted text endnew text begin The plan shall
apprise the account owner that the account owner is responsible for obtaining and retaining
records and other documentation adequate to substantiate a distribution under this section
new text end.

Sec. 18.

Minnesota Statutes 2018, section 136G.14, is amended to read:


136G.14 MINOR TRUST ACCOUNTS.

(a) This section applies to a plan account in which funds of a minor trust account are
invested.

(b) The account owner may not be changed to any person other than a successor custodian
or the beneficiary unless a court order directing the change of ownership is provided to the
plan administrator. The custodian must sign all forms and requests submitted to the plan
administrator in the custodian's representative capacity. The custodian must notify the plan
administrator in writing when the beneficiary becomes legally entitled to be the account
owner. An account owner under this section may not select a contingent account owner.

(c) The beneficiary of an account under this section may not be changed. If the beneficiary
dies, assets in a plan account become the property of the beneficiary's estate. Funds in an
account must not be transferred or rolled over to another account owner or to an account
for another beneficiary. A deleted text beginnonqualifieddeleted text endnew text begin taxablenew text end distribution from an account, or a distribution
deleted text begin due to the disability or scholarship award to the beneficiary, or made on account of the
beneficiary's attendance at a United States military academy
deleted text endnew text begin that qualifies as an exception
under section 530(d)(4)(B)(ii) to (iv) of the Internal Revenue Code
new text end, must be used for the
benefit of the beneficiary.

new text begin (d) Funds in an account for a beneficiary under this section may be rolled over into an
ABLE account under section 529A of the Internal Revenue Code, subject to the limits and
requirements of section 529A of the Internal Revenue Code.
new text end

Sec. 19. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 136G.03, subdivisions 4 and 22; and 136G.05,
subdivision 6,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S3683-1

136G.03 DEFINITIONS.

Subd. 4.

Adjusted gross income.

"Adjusted gross income" means adjusted gross income as defined in section 62 of the Internal Revenue Code.

Subd. 22.

Nonqualified distribution.

"Nonqualified distribution" means a distribution made from an account other than (1) a qualified distribution; or (2) a distribution due to the death or disability of, or scholarship to, or attendance at a United States military academy by, a beneficiary.

136G.05 MINNESOTA OFFICE OF HIGHER EDUCATION.

Subd. 6.

Three-year period for withdrawal of grants.

A matching grant deposited in a matching grant account based on account owner contributions during calendar years 2001 to 2010 under section 136G.11 may not be withdrawn within three years of the establishment of the account of the beneficiary. In calculating the three-year period, the period held in another account is included, if the account includes a rollover from another account under section 529(c)(3)(C) of the Internal Revenue Code.