Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 258--H.F.No. 1283
An act relating to the organization and operation of
state government; appropriating money for education
and related purposes to the department of education,
higher education coordinating board, state university
board, state community college board, University of
Minnesota, and the Mayo medical foundation, with
certain conditions; establishing a state board of
vocational-technical education; providing certain
powers and duties relating to vocational technical
education to the state board and school districts;
changing the authority and duties of agencies and
their advisory councils with respect to governance,
membership, duration of existence, funding policy,
disposition of property, employment and compensation
of personnel, tuition, institutional closings, gifts,
expenditure approval, regent residency,
appropriations, parking fees, subscription fees,
scholarships, grants-in-aid, planning, hospital
charges, relations with private colleges, augmented
bonding authority, and related educational matters;
requiring certain reports and studies with respect
thereto; amending Minnesota Statutes 1982, sections
3.732, subdivision 1; 10A.01, subdivision 18; 43A.08,
subdivision 1a; 43A.18, subdivision 4; 120.17,
subdivision 7a; 120.81; 121.11, by adding a
subdivision; 121.212, subdivision 2; 121.931,
subdivision 7; 121.934, subdivision 2; 123.742, by
adding a subdivision; 123.743; 124.48; 136.03;
136.144; 136.62, by adding a subdivision; 136.67, by
adding a subdivision; 136A.121; 136A.14; 136A.141;
136A.143; 136A.15; 136A.16; 136A.17; 136A.18; 136A.26;
136A.29, subdivisions 2 and 9; 136A.42; 158.05;
proposing new law coded in Minnesota Statutes,
chapters 120, 136, and 136A; proposing new law coded
as Minnesota Statutes, chapters 135A and 136C;
repealing Minnesota Statutes 1982, sections 120.82;
121.11, subdivision 1; 121.902, subdivision 1a;
121.936, subdivision 6; 124.53; 136.034; 136A.144;
136A.145; 136A.146; 136A.161; 136A.19; 136A.20;
136A.21; 136A.22; 136A.236; and 136A.237.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [EDUCATION; APPROPRIATIONS.]
The sums set forth in the columns designated
"APPROPRIATIONS" are appropriated from the general fund, or any
other fund designated, to the agencies and for the purposes
specified in the following sections of this act, to be available
for the fiscal year indicated for each purpose. The figures
"1983," "1984," and "1985," wherever used in this act, mean that
the appropriation or appropriations listed thereunder or
therefor shall be available for the year ending June 30, 1983,
June 30, 1984, or June 30, 1985, respectively.
SUMMARY BY FUND
1983 1984 1985 TOTAL
General $536,028,700 $546,327,500 $1,082,356,200
Trunk Highway 19,500 20,500 40,000
Permanent University 2,500,000 2,500,000 5,000,000
Nongame Wildlife 25,000 25,000 50,000
TOTAL $538,573,200 $548,873,000 $1,087,446,200
SUMMARY BY AGENCY - ALL FUNDS
Department of
Education $ 27,433,500 $ 23,632,700 $ 51,066,200
HECB 56,205,700 59,045,000 115,250,700
State University
System 105,201,700 106,166,000 211,367,700
Community College
System 51,843,400 53,452,900 105,296,300
University of
Minnesota 296,545,000 305,371,700 601,916,700
Mayo Medical 1,343,900 1,204,700 2,548,600
APPROPRIATIONS
Available for the Year
Ending June 30
1984 1985
Sec. 2. [DEPARTMENT OF EDUCATION]
Subdivision 1. General Operations
and Management $27,433,500 $23,632,700
Approved Complement
State - 501.4
Federal - 189.4
Special Revenue - 7.5
Bond Proceeds - 1.0
The amounts that may be expended from
this appropriation for each program and
activity are more specifically
described in the following subdivisions
of this section.
Subd. 2. Special and Compensatory
Education
1984 1985
$2,458,900 $2,438,800
(a) Of this appropriation, $1,500,000
in the first year, and $1,500,000 in
the second year is for Indian
scholarships. Any unexpended balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
(b) Of this appropriation, $300,000 in
the first year and $300,000 in the
second year is for Indian
post-secondary preparation grants to
school districts to be used to support
programs for secondary students who are
of one-fourth or more Indian ancestry
and who, in the opinion of the district
superintendent, have the capabilities
to benefit from higher education. This
appropriation shall be expended with
the approval of the governor after
consultation with the legislative
advisory commission as provided in
Minnesota Statutes, section 3.30.
Release of these funds shall also be
contingent upon submission of a plan
prepared by the state board, with the
advice and counsel of the Minnesota
Indian scholarship committee. The plan
shall describe the objectives and the
methods for implementing the program,
including the manner in which grants
will be distributed in proportion to
the geographical distribution of the
Indian population of the state. This
plan shall be submitted to the chairmen
of the house and senate education
committees and the house appropriations
and senate finance committees prior to
the submission to the legislative
advisory commission.
(c) Of this appropriation, $61,100 in
the first year and $36,100 in the
second year is for the Indian education
unit for one position and for
procurement of equipment and services
necessary for the computerization of
the accounting and data management
operations of the Indian scholarship
program.
The department of education shall
maintain the existing Minnesota Indian
education scholarship office at Bemidji
during the biennium ending June 30,
1985, with no reduction in general fund
appropriations.
Subd. 3. Braille and Sight-Saving
School and School for the Deaf
1984 1985
$ 5,622,300 $ 5,531,600
(a) $113,600 the first year and $86,200
the second year is for repairs,
replacements and betterments at the
Minnesota School for the Deaf and the
Minnesota Braille and Sight-Saving
School. Any unexpended balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$98,900 the first year is for repair
and purchase of equipment at the
Minnesota School for the Deaf and the
Minnesota Braille and Sight-Saving
School. Any unexpended balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
(b) $148,000 in the first year and
$148,000 in the second year is for
summer school at the Minnesota School
for the Deaf and the Minnesota Braille
and Sight-Saving School.
(c) $9,500 in the first year and $9,500
in the second year is for the
Parent-Child Institute at the Minnesota
School for the Deaf and the Minnesota
Braille and Sight-Saving School.
(d) $74,500 in the first year and
$75,000 in the second year is for the
purchase of mainstreaming services at
the Minnesota School for the Deaf and
the Minnesota Braille and Sight-Saving
School.
(e) If the amounts appropriated in (b),
(c), and (d) are insufficient, the
commissioner may transfer other
operating funds appropriated to the
residential schools, with the exception
of the funds in (a), for these purposes.
(f) It is the intent of the legislature
that during the biennium in the event
that federal EHA-Title VI-C funds for
the Minnesota School for the Deaf and
the Minnesota Braille and Sight-Saving
School are diminished or no longer
available, the commissioner of
education may make application to the
legislative advisory commission at one
of its regularly scheduled meetings to
obtain state funds to replace
diminished federal funds.
(g) In the event that the legislative
audit commission does not approve a
program evaluation of the Minnesota
School for the Deaf and the Minnesota
Braille and Sight-Saving School during
the first year, the commissioner of
finance, in consultation with the
commissioners of education and
administration, shall carry out such an
evaluation. The evaluation shall
consider the cost-effectiveness of the
academic, residential, support, and
administrative services in comparison
to similar programs and the feasibility
of alternative methods of service
delivery. The study shall be submitted
to the chairmen of the house
appropriations and senate finance
committees by January 15, 1984.
Subd. 4. Vocational Technical
Instruction
$5,590,300 $4,892,200
Of this appropriation $1,999,100 in the
first year and $1,440,100 for the
second year is for post-secondary
vocational repair and betterment aid.
The appropriation for post-secondary
repair and betterment aid for 1984
includes $191,000 for aid for fiscal
year 1983 payable in fiscal year 1984,
and $1,808,100 for aid for fiscal year
1984 payable in fiscal year 1984.
The appropriation for post-secondary
repair and betterment aid for 1985
includes $319,000 for aid for fiscal
year 1984 payable in fiscal year 1985,
and $1,121,100 for aid for fiscal year
1985 payable in fiscal year 1985.
$525,000 the first year and $500,000
the second year is for the Minnesota
curriculum services center, the
vocational student organization center,
and vocational area agricultural
coordinators. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. This appropriation
shall be spent pursuant to agreements
between the state board of education
and the recipients. The agreements are
not subject to the contract approval
procedures of the commissioner of
administration.
Until June 30, 1985, the Minnesota
curriculum services center may sell to
school districts and agencies in other
states and to the general public its
instructional material and media at
commercial or market prices. The
profit derived from the sale of
materials and media will be used to
offset the operating costs of the
center. An accounting of costs, sales
and receipts shall be provided to the
commissioner of education on July 1,
1984 and July 1, 1985.
Funding for the Minnesota Curriculum
Services Center during the biennium
shall be allocated under the average
cost funding methodology.
The state board for vocational
education shall develop and implement a
plan for the transfer of the area
agricultural coordinator functions and
positions into the area
vocational-technical institute system
effective July 1, 1984, for the
biennium. During the biennium support
for the positions shall be provided all
or in part from the instructional funds
under the average cost funding
methodology.
$300,000 in the first year and $300,000
in the second year is for the
acquisition of equipment for
technology-related programs in the area
vocational-technical institutes.
$150,000 in the first year is
appropriated for the purpose of
implementing sections 56, 57, 58, 59,
60, 61, 63, and 64.
Federal money received for state
vocational education programs pursuant
to the Vocational Education Act of
1963, Section 120, United States Code,
title 20, section 2330 and required to
be used for vocational education of the
disadvantaged and handicapped shall be
used during the biennium only for
grants and not for state administrative
costs. During the biennium the grant
money may be used by a school district
for its own administrative costs if
otherwise permitted by federal law.
The remainder of section 120 money not
required to be used for eliminating sex
bias, for displaced homemakers
programs, and for matching requirements
in vocational education shall be used
during the biennium for grants for
post-secondary vocational instructional
aid allocations for support services.
Subd. 5. General Instructional Services
$2,429,800 $2,466,000
During the biennium fees may be
collected from school districts and
educational systems pursuant to section
26 for subscriptions to the Minnesota
Career Information Service and
appropriated pursuant to section 27.
Of the amounts provided by this
subdivision, $19,500 in 1984 and
$20,500 in 1985 are from the trunk
highway fund.
Subd. 6. Special Services
$2,103,200 $2,037,800
(a) During the biennium the state board
of education and the state board of
teaching, after joint consultation,
shall individually set consistent
license fees for which they are
responsible at a level sufficient to
recover all department of education and
board of teaching costs associated with
the licensure, relicensure, and
placement of teachers, administrators,
and other education professionals. In
calculating these costs, the value of
the services of the attorney general
shall be considered. During the
biennium in setting these fees, the
state board of education and the board
of teaching are exempt from the public
hearing process in Minnesota Statutes,
chapter 14. Notice of the revised fees
shall be published in the state
register, followed by 30-day public
comment period before the revisions are
effective. In assigning fees, the
board of teaching shall consider
differences between full-time and
part-time employment in teaching and
implementation of a differential fee
structure for vocational education
adult supplemental licenses.
(b) Fees for private trade school
licenses and for solicitors' permits
are increased to (1) private trade
school license - inital fee $440; (2)
private trade school license - renewal
$330; (3) solicitor permits - $165.
Notice of the revised fees shall be
published in the state register as soon
as practicable. During the biennium
ending June 30, 1985, these fees shall
not be decreased and may be increased
pursuant to Minnesota Statutes,
sections 14.14, 16A.128, and 214.06.
Subd. 7. School Management
Services
$6,991,900 $3,995,000
(a) $880,000 in the first year is for
the Minnesota Educational Computing
Consortium (MECC) for the operation of
the management information services
unit. Any unexpended balance remaining
in the first year does not cancel but
is available for the second year of the
biennium.
The executive director of MECC shall
submit a plan annually during the
biennium to the
Elementary-Secondary-Vocational (ESV)
Computer Council and to the
commissioner of education detailing its
plan for the management information
system unit.
(b) $3,634,000 in the first year and
$1,500,000 in the second year is for
regional computing support for regional
management information centers. The
appropriation for the second year shall
be placed in a contingent account. The
funds in the contingent account shall
be released when the study described in
the next sentence is completed, and
upon compliance with Minnesota
Statutes, section 3.30. The ESV
computer council with the assistance of
the commissioner of education shall
conduct a study on how best to meet
state information needs in the most
cost effective manner. The study shall
be completed and delivered to the
chairmen of the house appropriations
committee and senate finance committee
by December 1, 1983. The study shall
include but not be limited to an
analysis of:
(1) the state and local benefits
derived from Elementary-Secondary-
Vocational Information System (ESV-IS)
data processing and the current costs
associated with providing the benefits;
(2) an alternative number of regional
and state data processing sites and the
costs of each alternative;
(3) the ESV-IS applications software
necessary to support state mandated
data acquisition;
(4) alternatives for supporting the
development and maintenance of ESV-IS
and the State Department of Education
Information System (SDE-IS) application
software and the cost of each
alternative;
(5) the costs and benefits of releasing
large districts from the mandate to
affiliate with ESV regional management
information centers.
(c) $1,068,100 in 1984 and $1,095,600
in 1985 is for support of the education
data systems section. Any unexpended
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
The commissioner of education shall
annually during the biennium submit to
the ESV computer council a detailed
budget and workplan for the education
data systems section for review and
comment. A change in the workplan
shall be featured in the succeeding
year's submission.
Subd. 8. Auxiliary and General
Support Services
$2,050,100 $2,080,200
$129,400 in the first year and $129,600
in the second year is for the
Elementary-Secondary-Vocational
Computer Council.
Subd. 9. General Authority
The commissioner of education with the
approval of the commissioner of finance
may transfer unencumbered balances
among the above programs during the
biennium. Transfers shall be reported
forthwith to the house appropriations
and senate finance committees.
It is the intent of the legislature,
that, during the biennium except in the
case of executive order to the
contrary, the department of education
be allowed to transfer money among the
various object of expenditure
categories and activities within each
program.
The department of education may during
the biennium spend federal block grant
funds received under the education
consolidation and improvement act of
1981, as amended, as shown in the
biennial budget allocation plan.
Changes may be made to accommodate
adjustments in salary or other costs.
However, material changes shall be
reported to the senate finance
committee and the house appropriations
committee.
Subd. 10. Board of Teaching
$187,000 $191,100
Sec. 3. [HIGHER EDUCATION
COORDINATING BOARD]
Subdivision 1. General Operations
and Management 56,205,700 59,045,000
The amounts that may be expended from
this appropriation for each purpose are
more specifically described in the
following subdivisions of this section.
Subd. 2. Salaries and Expenses
$2,027,600 $1,890,900
This appropriation includes money for
the administration of the state student
assistance programs, program planning
and coordination, policy planning and
research, and agency management
services.
This appropriation includes money for a
study of the need for engineering
support programs in two-year
institutions. The study shall be
presented to the house appropriations
and senate finance committees by
December 1, 1984.
Subd. 3. State Scholarship, Nurses
Scholarship and State
Grant-In-Aid
$42,374,000 $47,266,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available to meet
scholarship and grant obligations.
This appropriation includes money for
grants to part-time students. If
administrative problems preclude full
consolidation of part-time student
grants with the state grant and
scholarship program, an amount not to
exceed $300,000 of the above
appropriation shall be available in
each year of the biennium for
allocation to eligible post-secondary
institutions to accommodate the needs
of part-time students, pursuant to
Minnesota Statutes, section 136A.132.
Of the above appropriation, an amount
not to exceed $100,000 is available in
1984 to cover short-term living and
transportation expenses of AVTI
students. The funds shall be advanced
to the AVTI's at the beginning of the
biennium and shall be used only to meet
emergency needs of students who will
receive awards from the state
scholarship and grant program. The
advances shall be repaid by students
upon receipt of their state grant or
scholarship award and all advances
shall be returned to the higher
education coordinating board before the
end of the biennium. The higher
education coordinating board shall
develop administrative rules or
procedures as necessary to implement
this provision of law.
Notwithstanding any law to the
contrary, the allowance for tuition and
fees in the cost of attendance for
four-year private institutions shall
not exceed $3,598 in the 1983-1984
school year and $4,063 in the 1984-1985
school year. The allowance for tuition
and fees in the cost of attendance for
two-year private collegiate and
vocational institutions shall not
exceed $3,573 in the 1983-1984 school
year and $3,752 in the 1984-1985 school
year.
Subd. 4. Interstate Tuition
Reciprocity
$6,850,000 $4,800,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available to meet
reciprocity contract obligations.
Subd. 5. State Work Study
$4,209,000 $4,428,600
Any unexpended balance of not more than
$160,000 remaining at the end of the
first year shall not cancel but is
available for the purposes of the
appropriation in subdivision 3 for the
second year.
Subd. 6. Medical Student Loans
$ 115,000
Subd. 7. Minitex Library
Program
$ 630,100 $ 659,500
Subd. 8. Notwithstanding any
other provision to the contrary,
none of the personnel, powers, or
duties of the higher education
coordinating board shall be
transferred to any other department,
higher education system, or other
part of state government.
Subd. 9. Any unexpended balances
in this section remaining in the first
year do not cancel but are available
for the second year of the biennium.
Sec. 4. [STATE UNIVERSITY BOARD]
Subdivision 1. General Operations
and Management 105,201,700 106,166,000
The amounts that may be expended from
this appropriation for each purpose are
more specifically described in the
following subdivisions of this section.
Subd. 2. Engineering Programs
This appropriation includes funds for
the first two years of a three-year,
phased development of engineering
programs at Mankato State University
and St. Cloud State University.
Of the total authorized expenditures,
$50,000 each year of the biennium for
the engineering program at St. Cloud
State University and $50,000 each year
of the biennium for the engineering
program at Mankato State University is
available upon submission of required
documentation that the state money has
been matched by contributions from
nonstate sources. This matching
requirement may be satisfied with
donated equipment or supplies with the
approval of the chairmen of the senate
finance committee and the house
appropriations committee.
Subd. 3. Instructional Expenditures
It is estimated that the amount for
instructional expenditures will be
$142,076,300 for the first year, and
$148,285,200 for the second year.
If the actual amount is different, the
chancellor shall furnish the house
appropriations and senate finance
committees and the commissioner of
finance with a report on December 1 of
each year detailing the amount of the
difference and provide an explanation
thereof.
Subd. 4. Non-Instructional Expenditures
It is estimated that the amount for
non-instructional expenditures will be
$14,213,700 for the first year, and
$13,899,900 for the second year.
If the actual amount is different, the
chancellor shall furnish the house
appropriations and senate finance
committees and the commissioner of
finance with a report on December 1 of
each year detailing the amount of the
difference and providing an explanation
thereof.
(a) Of this amount, $624,100 the first
year and $607,100 the second year is
for state matching of federal student
loan funds and federal work study funds.
(b) Of this amount, $1,382,800 the
first year and $1,382,800 the second
year is for repairs and betterments.
Subd. 5. The state university board
shall submit a report to the chairmen of the
house appropriations and senate finance
committees by January 15, 1985,
on the use of all money exempt from
budgetary control by the commissioner
of finance pursuant to Minnesota
Statutes, sections 136.11, subdivision
5; 136.144; and 136.37.
The state university system is
authorized to charge summer session
expenditures to the fiscal year in
which most of the summer session
activity takes place.
Sec. 5. [STATE COMMUNITY COLLEGE
BOARD]
Subdivision 1. General Operations
and Management 51,843,400 53,452,900
The amounts that may be expended from
this appropriation for each purpose are
more specifically described in the
following subdivisions of this section.
Subd. 2. Instructional Expenditures
It is estimated that the amount for
instructional expenditures will be
$71,372,700 for the first year, and
$74,494,700 for the second year.
If the actual amount is different, the
chancellor shall furnish the house
appropriations and senate finance
committees and the commissioner of
finance with a report on December 1 of
each year detailing the amount of the
difference and providing an explanation
thereof.
Subd. 3. Non-Instructional Expenditures
It is estimated that the amount for
non-instructional expenditures will be
$7,645,800 for the first year, and
$8,001,900 for the second year.
If the actual amount is different, the
chancellor shall furnish the house
appropriations and senate finance
committees and the commissioner of
finance with a report on December 1 of
each year detailing the amount of the
difference and providing an explanation
thereof.
(a) Of this amount, $440,600 the first
year and $440,600 the second year is
for state matching of federal student
loan funds and federal work study funds.
(b) Of this amount, $673,600 the first
year and $673,600 the second year is
for repairs and betterments.
Subd. 4. The community college system
is authorized to charge summer session
expenditures to the fiscal year in
which most of the summer session
activity takes place.
Sec. 6. [UNIVERSITY OF MINNESOTA]
Subdivision 1. Total Appropriation 296,545,000 305,371,700
The amounts that may be expended from
this appropriation for each purpose are
more specifically described in the
following subdivisions of this section.
Subd. 2. Operations and
Maintenance 247,291,600 253,232,700
These appropriations are made from:
(a) income derived from investment of
the permanent university fund, which is
appropriated to the university as
provided in Minnesota Statutes, section
137.022. It is estimated that this
income will not exceed $2,500,000 for
the first year and $2,500,000 for the
second year; and
(b) the general fund. It is estimated
that the amount required from the
general fund will be at least
$244,791,600 for the first year and
$250,732,700 for the second year.
On December 1, 1984, and December 1,
1985, the president of the University
of Minnesota shall furnish the house
appropriations and senate finance
committees and the commissioner of
finance the following information:
(1) The total amount of receipts during
the fiscal year 1984 from all sources
in excess of $117,729,100 and during
the fiscal year 1985 from all sources
in excess of $125,356,600;
(2) The sources of these receipts; and
(3) The purposes for which any excess
receipts were expended and accounts to
which transferred.
The board of regents shall certify to
the commissioner of finance at the end
of each quarter the amount of earnings
derived from the investment of the
permanent university fund.
If this income during any fiscal year
exceeds the amounts stated in (a), the
amount payable from the general fund is
reduced accordingly.
In preparing the university's
legislative budget request for the
1985-1987 biennium, all projected
income from student tuition shall be
based on a charge per credit hour
schedule.
This appropriation includes funds for
faculty salary equalization at the
coordinate campuses.
The legislature recommends that the
university assure that the class of its
female, nonstudent employees is not
subject to sex discrimination and that
this objective be accomplished to the
extent possible by a university-wide
program of review and if necessary by
adjustments in policy and practices
rather than by case-by-case litigation.
The legislature recommends that the
university assure that the class of its
administrative employees is not subject
to special protection in times of
budget reduction, retrenchment, and/or
layoffs.
(c) Instructional expenditures:
It is estimated that the amount for
instructional expenditures will be
$245,218,000 for the first year, and
$258,042,500 for the second year.
During the fiscal biennium ending June
30, 1985, if the actual amount is
different, the University of Minnesota
shall furnish the house appropriations
and senate finance committees and the
commissioner of finance with a report
on December 1 of each year detailing
the amount of the difference and
provide an explanation thereof.
Of the above amount, $135,000 the first
year, and $180,000 the second year is
for law library acquisitions.
To the extent feasible, funds shall be
allocated for positions in the college
of veterinary medicine and the
veterinary teaching hospital.
$500,000 of the money for the second
year is to constitute the medical
education contingency fund. It is the
intent of the legislature that steps be
taken to reduce the projected
oversupply of physicians in Minnesota.
The university's study on medical
school enrollment, including
recommendations for reductions in
entering class size for the 1984-1985
academic year and subsequent
implications for funding, shall be
presented to the chairmen of the senate
finance committee and the house
appropriations committee by October 1,
1983. The medical education contingent
fund is available upon submission of
required documentation that the
university is moving to address the
physician oversupply problem. The
request for release of this money shall
be reviewed by the education division
of the house appropriations committee
and the education subcommittee of the
senate finance committee. A
recommendation on the release of the
money shall be made by the chairmen of
the house appropriations and senate
finance committees, whose
recommendations are advisory only.
$800,000 the first year and $1,400,000
the second year is for the Duluth
campus of the University of Minnesota
for the establishment of a four-year
engineering school. The money shall be
used for programs in computer,
electronics, and mineral engineering.
$100,000 each year of this money is
available for the Duluth engineering
program upon submission of required
documentation that the state money has
been matched by contributions from
nonstate sources. This matching
requirement may be satisfied with
donated equipment or supplies with the
approval of the chairmen of the senate
finance committee and the house
appropriations committee.
It is the intent of the legislature
that the university address the problem
of teaching assistants for whom English
is a second language. The university
shall develop a plan for insuring that
teaching assistants are proficient in
speaking, reading, and writing the
English language as it is spoken in the
United States. The plan shall be
presented to the legislature by
December 1, 1983.
(d) Non-instructional expenditures:
It is estimated that the amount for
non-instructional expenditures will be
$119,802,700 for the first year and
$120,546,800 for the second year.
During the fiscal biennium ending June
30, 1985, if the actual amount is
different, the University of Minnesota
shall furnish the house appropriations
and senate finance committees and the
commissioner of finance with a report
on December 1 of each year detailing
the amount of the difference and
providing an explanation thereof.
Subd. 3. Special Appropriations 49,253,400 52,139,000
(a) Agricultural Extension Service
$10,637,700 $11,164,600
This appropriation includes money for
agriculture extension work, county
agricultural agents, home demonstration
and 4-H club work, and soil
conservation. Any salary increases
granted by the university to personnel
paid from this appropriation shall not
result in a reduction of the county
portion of the salary payments.
(b) Agricultural Research
$10,517,200 $11,033,000
Of the above amount, $10,417,200 the
first year and $10,933,000 the second
year is for agricultural research.
Of the above amount, $100,000 each year
is for either of the following
options: (a) an additional amount for
agricultural research; or (b) the fire
information, research and education
center. This money is not to be
divided between agricultural research
and the FIRE center; it is to be used
for one option or the other.
This appropriation includes money for
research on aquatic plants (including
wild rice), soybeans, avian disease,
swine disease, corn improvement, and
irrigation.
The university shall maintain an
advisory council system for each
experiment station. The advisory
councils shall be broadly
representative of range of size and
income distributions for farms and
agribusiness, and shall not be
disproportionately represented by those
from the upper half of the size and
income distributions of farms and
agribusiness.
(c) Coleman Leukemia Research Center
$ 210,000 $ 220,500
(d) County Papers
$ 2,000,000 $ 2,000,000
(e) Medical Research
$ 1,902,200 $ 1,997,300
(f) Rural Physicians Associates Program
$ 418,200 $ 514,100
(g) Special Hospitals, Service and
Educational Offset
$12,420,700 $13,041,700
This amount includes $9,318,900 each
year which is counted as instructional
cost.
Fees for service furnished to counties
and individuals under this program
shall be sought to augment the money
appropriated; the fees are appropriated
to the university hospitals, to be
available until June 30, 1985.
(h) Faculty Travel
$ 85,000 $ 89,300
(i) Fellowships for Minority and
Disadvantaged Students or Environmental
Pathology Laboratory
$ 50,000 $ 50,000
This appropriation is to be used for
either of the following options: (a)
fellowships for minority and
disadvantaged students; or (b) support
for the environmental pathology
laboratory. This appropriation is not
to be divided between the fellowships
and the laboratory; it is to be used
for one option or the other.
Any unexpended balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
(j) General Research
$ 1,815,700 $ 1,906,400
This appropriation is, as the board of
regents may direct, for general
research, business and economic
research including Duluth, center for
urban and regional affairs, museum of
natural history, and juvenile justice
seminar.
(k) Geological Survey
$649,200 $681,700
(l) Hormel Institute
$155,200 $163,000
To support the operation of the
institute and to promote research by
the institute.
(m) Immigration History Research Center
The appropriation in Laws 1981, chapter
359, section 9, subdivision 12, for the
immigration history research center is
available until June 30, 1985. One of
every two dollars contributed from
nonstate and nonfederal sources may be
donated services or donated or loaned
personal or real property. These
services and property shall be valued
according to the Code of Federal
Regulations, title 34, sections 74.54
to 74.57 (1980).
(n) Industrial Relations Education
$591,600 $621,200
(o) Intercollegiate Athletics
$1,688,400 $1,772,800
This appropriation shall be used as a
general offset to the expenses of
intercollegiate athletics.
(p) Lake Superior Basin Studies
$127,900 $134,300
(q) Micro-Electronics and
Information Science Center
$600,000 $600,000
The above appropriation is available
upon submission of required
documentation that the state money has
been matched by contributions from
nonstate sources. Matching
requirements may be satisfied with
donated equipment or supplies with the
approval of the chairmen of the senate
finance committee and house
appropriations committee.
(r) Mineral Resources Research
Center
$363,200 $481,400
(s) Plant Bio-Mass Energy Research
$126,600 $132,900
(t) Sea Grant Institute
$115,900 $121,700
(u) Student Loans Matching Funds
$92,800 $92,800
(v) Summer Session and Continuing
Education Supplement
$1,290,700 $1,355,300
This appropriation includes money for
the administration of the elderhostel
program.
(w) Veterinary Diagnostic Laboratory
$1,045,200 $1,195,000
This appropriation includes $25,000
each year from the nongame wildlife
account in the special revenue fund for
the Raptor Rehabilitation and Research
Clinic.
(x) Productivity Center
$200,000 $300,000
The above appropriation is available
upon submission of required
documentation that the state money has
been matched by contributions from
nonstate sources. Matching
requirements may be satisfied with
donated equipment or supplies with the
approval of the chairmen of the senate
finance committee and house
appropriations committee.
(y) Natural Resources Research Institute
$1,650,000 $2,250,000
(z) Bio-Technology Center
$500,000 $220,000
The above appropriation for the second
year is available upon submission of
required documentation that the state
money has been matched by contributions
from nonstate sources. Matching
requirements may be satisfied with
donated equipment or supplies with the
approval of the chairmen of the senate
finance committee and house
appropriations committee.
Any unexpended balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
Sec. 7. [MAYO MEDICAL FOUNDATION] 1,343,900 1,204,700
Subdivision 1. Medical School
$1,191,100 $1,041,300
The state of Minnesota shall pay a
capitation of $8,330 in fiscal years
1984 and 1985 for each student who is a
resident of Minnesota for a maximum of
40 such students in each class.
Capitation funds shall be paid for a
maximum of 20 students in each class
for students who enter Mayo Medical
School during the 1984-1985 academic
year or thereafter.
It is the intent of the legislature
that the Mayo foundation use the
capitation funds towards the objective
of increasing the number of doctors
practicing in rural areas in need of
doctors as identified by the higher
education coordinating board. The Mayo
foundation shall submit a plan to the
legislature by December 1, 1983, on how
it plans to meet these objectives.
Subd. 2. Family Practice and
Graduate Residency Program
$152,800 $163,400
The state of Minnesota shall pay
capitation of $12,730 in fiscal year
1984 and $13,620 in fiscal year 1985
for a maximum of 12 students each year.
Sec. 8. [AFFIRMATIVE ACTION FOR
TECHNOLOGY-RELATED EDUCATION.]
It is the intent of the legislature
that during the biennium,
technology-related education be made
available to all qualified registrants
at public institutions of
post-secondary education in Minnesota.
The University of Minnesota, the State
University Board, the Community College
Board, and the Board for
Vocational-Technical Education shall
each develop a plan on how affirmative
action with regard to women,
minorities, and the handicapped will be
promoted in the spending of
technology-related funds for
educational programs. The plans shall
be presented to the legislature by
December 1, 1983.
Sec. 9. Minnesota Statutes 1982, section 3.732,
subdivision 1, is amended to read:
Subdivision 1. As used in this section and section 3.736
the terms defined in this section have the meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions and officers in the executive branch of
the state of Minnesota and includes but is not limited to the
Minnesota Educational Computing Consortium, Minnesota Housing
Finance Agency, the Minnesota Higher Education Coordinating
Board, the Minnesota Higher Education Facilities Authority, the
Armory Building Commission, the State Zoological Board, the
University of Minnesota, state universities, community colleges,
state hospitals, and state penal institutions. It does not
include a city, town, county, school district, or other local
governmental body corporate and politic.
(2) "Employee of the state" means all present or former
officers, members, directors or employees of the state, members
of the national guard, or persons acting on behalf of the state
in an official capacity, temporarily or permanently, with or
without compensation, but does not include an independent
contractor.
(3) "Scope of his office or employment" means that the
employee was acting on behalf of the state in the performance of
duties or tasks lawfully assigned to him by competent authority.
Sec. 10. Minnesota Statutes 1982, section 10A.01,
subdivision 18, is amended to read:
Subd. 18. "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and his
chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) director of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) hearing examiner or compensation judge in the state
office of administrative hearings or hearing examiner in the
department of economic security;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher or attorney in the office of
senate research, senate counsel, or house research; or
(o) member or chief administrative officer of the
metropolitan council, metropolitan transit commission,
metropolitan waste control commission, metropolitan parks and
open spaces commission, metropolitan airports commission or
metropolitan sports facilities commission; or
(p) executive director of the Minnesota educational
computing consortium.
Sec. 11. Minnesota Statutes 1982, section 43A.08,
subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions pursuant to this subdivision: the
departments of administration; agriculture; corrections;
economic security; education; employee relations; energy,
planning and development; finance; health; human rights; labor
and industry; natural resources; public safety; public service;
public welfare; revenue; transportation; and veterans affairs;
the banking, securities and real estate, insurance and consumer
services divisions of the department of commerce; the housing
finance and pollution control agencies; the state board of
investment; and the offices of the secretary of state, state
auditor and state treasurer; and the state board of vocational
technical education.
A position designated by an appointing authority pursuant
to this subdivision must meet the following standards and
criteria:
(a) the designation of the position would not be contrary
to the provisions of other law relating specifically to that
agency;
(b) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(c) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation and implementation of agency policy;
(d) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(e) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with the
governor and the agency head, or the employing constitutional
officer;
(f) the position would be at the level of division or
bureau director or assistant to the agency head; and
(g) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 12. Minnesota Statutes 1982, section 43A.18,
subdivision 4, is amended to read:
Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY
COMMISSIONER.] Notwithstanding any other law to the contrary,
total compensation for employees listed in this subdivision
shall be set by appointing authorities subject to the following
limitations:
(a) Total compensation paid pursuant to this subdivision
shall be within the limits of compensation plans which shall
have been approved by the commissioner before becoming effective;
(b) Total compensation for employees who are not covered by
a collective bargaining agreement in the offices of the
governor, attorney general, secretary of state, state auditor
and state treasurer shall be determined by the governor,
attorney general, secretary of state, state auditor and state
treasurer, respectively;
(c) Total compensation for unclassified employees of the
state board of investment shall be determined by the state board
of investment;
(d) Total compensation for unclassified positions pursuant
to section 43A.08, subdivision 1, clause (h) and, in the higher
education coordinating board, and in the state board of
vocational technical education shall be determined by the state
university board and the state board for community colleges, and
the higher education coordinating board, and the state board of
vocational technical education, respectively; and
(e) Total compensation for classified hearing examiners in
the office of administrative hearings shall be determined by the
chief hearing examiner.
Sec. 13. Minnesota Statutes 1982, section 120.17,
subdivision 7a, is amended to read:
Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE HANDICAPPED.]
Responsibility for special instruction and services for a
visually disabled or hearing impaired child attending the
Minnesota School for the Deaf or the Minnesota Braille and
Sight-Saving School shall be determined in the following manner:
(a) The legal residence of the child shall be the school
district in which his parent or guardian resides.
(b) When it is determined pursuant to section 128A.05,
subdivisions 1 or 2 that the child is entitled to attend either
school, the state board shall provide the appropriate
educational program for the child. The state board shall make a
tuition charge to the child's district of residence for the
actual cost of providing the program; provided, however, that
effective for the 1979-1980 1983-1984 school year and
thereafter, the amount of tuition charged shall not exceed the
sum of $500 $1,000 plus the foundation aid formula allowance of
the district for that child, for an entire school year, or a
prorated amount based on the portion of the school year for
which the child is a resident of the district or is actually in
membership in the program. For purposes of this subdivision,
"foundation aid formula allowance" shall have the meaning
attributed to it in section 124.32, subdivision 1a. The
district of the child's residence shall pay the tuition and may
claim foundation aid for the child. The district of the child's
residence shall not receive aid pursuant to section 124.32,
subdivision 5, for tuition paid pursuant to this subdivision.
All tuition received by the state board shall be deposited in
the state treasury.
(c) When it is determined that the child can benefit from
public school enrollment but that the child should also remain
in attendance at the applicable school, the school district
where the institution is located shall provide an appropriate
educational program for the child and shall make a tuition
charge to the state board for the actual cost of providing the
program, less any amount of aid received pursuant to section
124.32. The state board shall pay the tuition and other program
costs including the unreimbursed transportation costs. Aids for
handicapped children shall be paid to the district providing the
special instruction and services. Special transportation shall
be provided by the district providing the educational program
and the state shall reimburse such district within the limits
provided by law.
(d) Notwithstanding the provisions of clauses (b) and (c),
the state board may agree to make a tuition charge for less than
the amount specified in clause (b) for pupils attending the
applicable school who are residents of the district where the
institution is located and who do not board at the institution,
if that district agrees to make a tuition charge to the state
board for less than the amount specified in clause (c) for
providing appropriate educational programs to pupils attending
the applicable school.
(e) Notwithstanding the provisions of clauses (b) and (c),
the state board may agree to supply staff from the Minnesota
School for the Deaf and the Minnesota Braille and Sight-Saving
School to participate in the programs provided by the district
where the institutions are located when the programs are
provided to students in attendance at the state schools.
Sec. 14. [120.801] [MINNESOTA EDUCATIONAL COMPUTING
CONSORTIUM, PURPOSE.]
The legislature recognizes that computers are becoming a
major factor in the operation of educational institutions, both
in cost and in importance as an instructional tool. Furthermore,
the legislature has continually supported the development of
curricula for Minnesota educational institutions that include
educational computing materials. While it is important that
educational institutions be able to join together to gain
economies in purchasing power, it is equally important that
computer software and documentation be created, and
instructional and administrative computing services be provided
to meet the educational needs of Minnesota educational
institutions. The purpose of the Minnesota educational
computing consortium is to meet these needs.
Sec. 15. [120.802] [DEFINITIONS.]
Subdivision 1. For the purpose of sections 14 to 19 the
words defined in this section have the meanings given them.
Subd. 2. "Consortium" means the Minnesota educational
computing consortium originally created pursuant to Minnesota
Statutes, section 471.59.
Subd. 3. "Minnesota educational institutions" means
Minnesota school districts or combination of school districts,
area vocational technical institutions, the state department of
education, community colleges, state universities, and the
University of Minnesota.
Sec. 16. [120.803] [STAFF.]
Subdivision 1. The consortium board shall appoint and set
the salary of an executive director of the consortium. The
executive director may employ other staff.
Subd. 2. [PERSONNEL MANAGEMENT.] The executive director
shall establish personnel policies and procedures, including the
compensation of other staff.
Subd. 3. [APPLICATION OF OTHER LAW.] The consortium is
exempt from the application of chapters 14, 16, 16A, except
16A.095 and 16A.10, 43A, and 179. Notwithstanding chapter 13,
the consortium shall not be required to disclose any copyrighted
material. Consortium employees may participate in the Minnesota
state retirement system and the teachers' retirement system. The
commissioner of administration shall provide administrative
services if requested by the consortium, and the consortium
shall reimburse the commissioner for services provided. The
consortium is empowered to purchase or lease real estate
necessary for the consortium's operations but in no event shall
the consortium rely upon the full faith and credit of the state
of Minnesota.
Sec. 17. [120.804] [DUTIES OF CONSORTIUM.]
Subdivision 1. [PRODUCTS.] Notwithstanding any law to the
contrary, the consortium shall provide its services and products
at cost, including overhead, to Minnesota educational
institutions.
Subd. 2. [SERVICES TO OTHERS.] The consortium may provide
its products and services for educational purposes to other than
Minnesota educational institutions. To further the public
purpose expressed in section 14, the consortium shall establish
a differential pricing policy between sales to Minnesota
educational institutions and sales to others.
Sec. 18. [120.805] [POWERS.]
The consortium may:
(a) develop computer software and documentation for use by
educational institutions;
(b) train educators in the use of computing;
(c) research and develop innovative uses of instructional
and management computing for education; and
(d) contract with educational institutions for the
development of software, documentation, and instructional and
management computing services and charge for the cost of the
development or services.
Sec. 19. [120.806] [MINNESOTA EDUCATIONAL INSTITUTIONS;
POWERS.]
All Minnesota educational institutions are authorized to
designate the consortium as their purchasing agent for computer
hardware, software, and development of software. Minnesota
educational institutions are authorized, notwithstanding the
requirements of sections 16.07, 471.345, or 123.37, to contract
directly with the consortium for the development of computer
programs and documentation and for instructional and management
computing services for educational institutions.
Sec. 20. [REPORT.]
The Minnesota educational computing consortium board shall
study and report to the chairmen of the house appropriations and
senate finance committees and of the house and senate education
committees by January 15, 1984, on the feasibility and
desirability of transferring all or part of the powers and
duties of the consortium to a nonprofit corporation, state
agency, or other appropriate organizational structure. The
report shall include recommendations for legislation needed to
accomplish any recommendations.
Sec. 21. Minnesota Statutes 1982, section 120.81, is
amended to read:
120.81 [MINNESOTA EDUCATIONAL COMPUTING CONSORTIUM,
RECEIPTS.]
Subdivision 1. Effective October 1, 1977, no funds
appropriated by the state shall be transferred to or expended
with or by the Minnesota educational computing consortium unless
the consortium adheres to the provisions of chapters 15, 16,
excepting sections 16.90 and 16.94 thereof, 16A and 43.
Subd. 2. Notwithstanding the provisions of subdivision 1,
The consortium is authorized to maintain a revolving fund for
all receipts derived from computer services provided by the
consortium. The Minnesota educational computing consortium
shall charge users of consortium facilities for on-line computer
time actually used services and products. Receipts shall be
deposited in the Minnesota educational computing consortium
revolving fund and are appropriated to the consortium. The
consortium board shall appoint an executive director who shall
be its chief administrative officer. The executive director may
be in the unclassified service. All other employees are in the
classified service of the state.
Sec. 22. Minnesota Statutes 1982, section 121.11, is
amended by adding a subdivision to read:
Subd. 15. [CERTAIN LICENSURE RULES.] The state board of
education shall adopt and maintain as its rules for licensure of
adult vocational education teachers, supervisory, and support
personnel the rules of the state board of vocational technical
education.
Sec. 23. Minnesota Statutes 1982, section 121.212,
subdivision 2, is amended to read:
Subd. 2. Any fee established by the board pursuant to the
authority granted in subdivision 1 shall not exceed $1 per day
per vehicle. Parking fees collected shall be deposited in the
general or capital expenditure fund of the school district or
joint school district.
Sec. 24. Minnesota Statutes 1982, section 121.931,
subdivision 7, is amended to read:
Subd. 7. [APPROVAL POWERS.] The state board, with the
advice and assistance of the ESV computer council, shall approve
or disapprove the following, according to the criteria in
section 121.937 and after promulgation, the rules adopted
pursuant to subdivision 8:
(a) the creation of regional management information centers
pursuant to section 121.935;
(b) the transfer by a district of its affiliation from one
regional management information center to another;
(c) the use by a district of an alternative management
information system to ESV-IS pursuant to section 121.936,
subdivisions 2 to 4; and
(d) annual and biennial plans and budgets submitted by
regional management information centers pursuant to section
121.935, subdivisions 3 and 4; and
(e) Expenditures by districts for computer activities other
than fees paid to regional management information centers.
Sec. 25. Minnesota Statutes 1982, section 121.934,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The council shall be composed of:
(a) four representatives of school districts, including one
school district administrator from a rural school district, one
school district administrator from an urban school district, one
school board member from a rural school district, and one school
board member from an urban school district;
(b) Two representatives of regional management information
center governing boards, including one member of a regional
management information center board from a region which is
predominantly rural and one member of a regional management
information center board from a region which is predominantly
urban;
(c) Two three persons employed in management positions in
the private sector, at least one two of whom is a are data
processing manager managers or holds hold an equivalent position
in the private sector;
(d) Two (c) three persons employed in management positions
in the public sector other than elementary, secondary, or
vocational education, at least one two of whom is a are data
processing manager managers or holds hold an equivalent position
in the public sector; and
(e) (d) one person from the general public.
All the members appointed pursuant to clauses (a), (b) and
(e) shall represent different regional management information
centers. Members selected pursuant to clauses (b) and (c) and
(d) shall not be employees or board members of local school
districts or the department of education. The council shall
include at least one resident of each congressional district.
Sec. 26. Minnesota Statutes 1982, section 123.742, is
amended by adding a subdivision to read:
Subd. 4. The department of education may provide career
information to school districts and educational systems. The
department may collect reasonable fees for subscriptions to the
Minnesota career information service.
Sec. 27. Minnesota Statutes 1982, section 123.743, is
amended to read:
123.743 [APPROPRIATION.]
There is annually appropriated from the general fund to the
department of education any and all amounts received by the
department pursuant to section 123.742, subdivisions 2 and 3 and
section 26.
Sec. 28. Minnesota Statutes 1982, section 124.48, is
amended to read:
124.48 [INDIAN SCHOLARSHIPS.]
Subdivision 1. [AWARDS.] The state board, with the advice
and counsel of the Minnesota Indian scholarship committee, may
award scholarships to any Minnesota resident student who is of
one-fourth or more Indian ancestry, who has applied for other
existing state and federal scholarship and grant programs, and
who, in the opinion of the board, has the capabilities to
benefit from further education. Scholarships shall be for
advanced or specialized education in accredited or approved
colleges or in business, technical or vocational schools.
Scholarships 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. The total cost of education includes all tuition and
fees for 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 the total cost of the student's education
and a standardized need analysis. The amount and type of each
such scholarship shall be determined through the advice and
counsel of the Minnesota Indian scholarship committee.
When an Indian student satisfactorily completes the work
required by a certain college or school in a school year he the
student is eligible for additional scholarships, if additional
training is necessary to reach his the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than four five years of study without
special approval of the Minnesota Indian scholarship committee.
Subd. 2. [REPORT TO LEGISLATURE.] By December 1 of each
even-numbered year, the state board of education shall report to
the education committees of the legislature about the status of
Indian scholarships and the recipients.
Sec. 29. [135A.01] [FUNDING POLICY.]
It is the policy of the legislature that state
appropriations for the instructional services at public
post-secondary institutions reflect the cost of providing the
instructional services.
Sec. 30. [135A.02] [APPLICABILITY.]
The total cost of providing instructional services shall be
used to appropriate money to the board of regents of the
University of Minnesota, state university board, state board for
community colleges, and the state board for vocational education
to the extent the money is for instructional services.
Sec. 31. [135A.03] [APPROPRIATIONS FOR INSTRUCTIONAL
SERVICES.]
Subdivision 1. [DETERMINATION OF APPROPRIATION.] The
appropriation to each board for instructional services shall
equal the total cost of instruction minus the estimated tuition
revenue.
Subd. 2. [DETERMINATION OF TOTAL COST OF INSTRUCTION.] The
total cost of instruction shall be calculated in the following
manner.
(a) Determine the student enrollment, for each
instructional category, for the fiscal year two years before the
fiscal year for which the appropriation is to be made.
(b) Multiply the student enrollment by the average cost of
instruction per student in each instructional category.
(c) Add the resulting products.
Subd. 3. [DETERMINATION OF STUDENT ENROLLMENT.] Student
enrollment shall be the full-year equivalent or average daily
membership enrollment in each instructional category in the
fiscal year two years before the fiscal year for which the
appropriations are being made. Student enrollment may be
estimated on the basis of the fall enrollment. Student
enrollment shall exclude students enrolled during a summer
session, except when the instructional program is provided
during the entire calendar year. Each board shall submit by
December 1 of each year the student enrollment data necessary to
determine appropriations. The data shall be submitted to the
commissioner of finance.
Subd. 4. [DETERMINATION OF AVERAGE COST OF INSTRUCTION.]
(a) The average cost of instruction shall include direct
instructional costs and other costs necessary to provide
instruction, such as fees, facilities, administration, and
support. The average cost of instruction shall not include
summer session costs, except when the instructional program is
provided during the entire calendar year.
(b) Each board shall submit by December 1, 1983, its
average cost of instruction for each instructional category for
the 1984 fiscal year. Annually thereafter by December 1, each
board shall submit the average cost of instruction for each
instructional category as necessary to determine
appropriations. The information shall be submitted to the
commissioner of finance.
Subd. 5. [INSTRUCTIONAL CATEGORIES.] Average cost of
instruction shall be determined by categories of cost of program
and level of instruction and student enrollment in each category.
Sec. 32. [135A.04] [VARIABLE TUITION.]
The board of regents of the University of Minnesota, state
university board, state board for community colleges, and state
board for vocational education shall establish tuition. Tuition
may vary by program, level of instruction, cost of instruction,
or other classifications determined by each board.
Sec. 33. [135A.05] [TASK FORCE.]
The commissioner of finance shall establish a task force on
average cost funding. The task force shall include
representation from each of the public systems of post-secondary
education, post-secondary students, the higher education
coordinating board, the education division of the house
appropriations committee, and education subcommittee of the
senate finance committee, the office of state auditor, and the
uniform financial accounting and reporting advisory council. The
task force shall be convened and chaired by the commissioner of
finance or his designee and staffed by the department of
finance. The task force shall review and make recommendations
on the definition of instructional cost in all four systems, the
method of calculating average cost for funding purposes, the
method used to assign programs to the proper level of cost at
each level of instruction, the adequacy of the accounting data
for defining instructional cost in a uniform manner, and the
biennial budget format to be used by the four systems in
submitting their 1985-1987 biennial budget requests. The task
force shall submit a report on these matters to the legislature
by December 1 of each year.
Sec. 34. [135A.06] [SYSTEM PLANS: UNIVERSITY OF
MINNESOTA; STATE UNIVERSITY BOARD; STATE BOARD FOR COMMUNITY
COLLEGES; STATE BOARD FOR VOCATIONAL EDUCATION.]
Subdivision 1. It is the intent of the legislature that
the planning efforts of the public post-secondary education
systems be summarized and reported to the legislature. These
planning efforts include, but are not limited to, the on-going
intrasystem and intersystem planning processes and the
information provided by the systems to the governor's commission
on the future of post-secondary education. In order to
accomplish this goal, the University of Minnesota board of
regents, the state university board, the state board for
community colleges, and the state board for vocational education
shall each submit to the governor and the legislature on
December 1 of each even-numbered year a planning report for its
system. The planning report shall contain the mission of the
system and short- and long-range plans for programs, staff, and
facilities. The report shall specify the mission and plans for
two, five, and ten years. The assumptions used in developing
the plans shall be included.
Subd. 2. [MISSION.] Each system shall review its mission
as it relates to instruction, research, and public service.
Subd. 3. [SYSTEM PLANS.] (a) Each system shall review its
program plan for instruction, research, and public service.
Program plans shall include a statement of program priorities
for undergraduate, graduate, and professional education. Program
plans shall also include data about program cost and average
class size within each institution.
(b) Each system shall review its plan for adjusting the
number of facilities, staff, and programs to projected level of
demand. Plans for adjustments shall consider campus and program
mergers, campus and program closings, new governance structures,
and other methods including consolidation of institutions,
services, and programs with institutions serving the same
geographic area which are operated by different governing boards.
(c) Each system shall consult with the higher education
coordinating board throughout the planning process.
Subd. 4. [PLANNING FACTORS.] Each planning report shall
consider the following factors at a minimum.
(a) Enrollment projections for two, five, and ten years. If
a system uses projections which are different from the most
recent available projections produced by the higher education
coordinating board, the system shall compare its projections
with enrollment projections prepared by the higher education
coordinating board, and the system shall identify the method and
assumptions used to prepare its projections;
(b) Estimated financial costs and savings of alternative
plans for adjusting facilities, staff, and programs to declining
enrollments and fiscal resources;
(c) Opportunities for providing services cooperatively with
other public and private institutions in the same geographic
area.
Subd. 5. [HECB REVIEW AND COMMENT.] The higher education
coordinating board shall review and comment on the reports
prepared by the systems. In order to provide sufficient time
for this review, systems shall submit the reports to the
coordinating board on September 1 prior to the December 1
submission to the governor and legislature. Before the higher
education coordinating board forwards its review and comment to
the legislature, each system shall be given the opportunity by
the higher education coordinating board to respond to the higher
education coordinating board review. In order to provide
sufficient time for the systems to respond, the HECB shall
provide copies of its review and comment to the systems by
October 15 and the systems shall submit any responses to the
higher education coordinating board by November 15, prior to the
January 2 submission to the governor and the legislature. The
system responses shall accompany the higher education
coordinating board review and comment when it is submitted to
the governor and the legislature. As part of its review and
comment, the higher education coordinating board shall present
information on the costs, enrollment, and participation in
public post secondary institutions.
Sec. 35. [135A.07] [EXECUTIVE SALARIES.]
[Subdivision 1.] Nothwithstanding the provisions of
chapters 15A and 43A and any other law passed during the 1983
legislative session, the state university board, the community
college board, the higher education coordinating board, the
state board of education, and the state board of vocational
technical education may establish salaries for the chancellor,
executive director, commissioner, and the state director,
respectively, based on the level of responsibility and authority
of the positions. The boards may also consider appropriate
market comparisons with comparable positions in the midwest.
Sec. 36. Minnesota Statutes 1982, section 136.03, is
amended to read:
136.03 [MANAGEMENT OF STATE UNIVERSITIES.]
The state universities shall be under the management,
jurisdiction, and control of the state university board; and it
shall have and possess all of the powers, jurisdiction, and
authority, and shall perform all of the duties by them possessed
and performed on and prior to April 1, 1901, except as
hereinafter stated. Notwithstanding the provisions of sections
136.01, 136.015, and 136.017, the state university board, as it
deems necessary, may close state universities under its
jurisdiction. Prior to closing a state university the board
shall hold a public hearing on the issue in the area which would
be affected by the closing. At the hearing affected persons
shall have an opportunity to present testimony. The hearing
shall be conducted by the office of administrative hearings. The
hearing examiner shall prepare a summary of testimony received
at the hearing for the board. The board shall give notice of
this hearing by publishing notice in the State Register and in a
newspaper of general circulation in the affected area at least
30 days before the scheduled hearing.
Sec. 37. [136.031] [CARRY OVER AUTHORITY.]
The state university board may carry over any unexpended
balance from its appropriation from the first year of a biennium
into the second year of the biennium. The board may carry over
an unexpended balance up to a maximum of two percent of its
biennial appropriation into the following biennium. These
moneys shall not be taken into account in determining state
appropriations.
Sec. 38. Minnesota Statutes 1982, section 136.144, is
amended to read:
136.144 [PROMOTION OF UNIVERSITY; ACCEPTANCE OF GIFTS.]
The board may receive and accept on behalf of the state and
for the state universities any gift, bequest, devise, endowment,
or grant in the form of cash which any person, firm,
corporation, association, or governmental agency may make to the
board by will, deed, gift, or otherwise to carry out the
purposes of section 136.143. Unless otherwise so expressed in
the terms of the gift, bequest, devise, endowment, or grant,
moneys so received are not subject to the laws requiring
budgeting, allotment, and encumbrance as provided in chapter
16A, or otherwise. Such Moneys These moneys shall be deposited
in the state treasury and are hereby appropriated to the board
for use in accordance with according to this section. These
moneys shall not be taken into account in determining
appropriations or allocations.
Sec. 39. Minnesota Statutes 1982, section 136.62, is
amended by adding a subdivision to read:
Subd. 7. [CLOSING AUTHORITY.] Notwithstanding the
provisions of sections 136.60 and 136.602, the board, as it
deems necessary, may close community colleges under its
jurisdiction. Prior to closing a community college the board
shall hold a public hearing on the issue in the area which would
be affected by the closing. At the hearing affected persons
shall have an opportunity to present testimony. The hearing
shall be conducted by the office of administrative hearings. The
hearing examiner shall prepare a summary of testimony received
at the hearing for the board. The board shall give notice of
this hearing by publishing notice in the State Register and in a
newspaper of general circulation in the affected area at least
30 days before the scheduled hearing.
Sec. 40. Minnesota Statutes 1982, section 136.67, is
amended by adding a subdivision to read:
Subd. 5. [CARRY OVER AUTHORITY.] The community college
board may carry over any unexpended balance from its
appropriation from the first year of a biennium into the second
year of the biennium. The board may carry over an unexpended
balance up to a maximum of two percent of its biennial
appropriation into the following biennium. These moneys shall
not be taken into account in determining state appropriations.
Sec. 41. [LEGISLATIVE INTENT.]
(1) The state scholarship and grant-in-aid programs amended
in this act are intended to help men and women of the state with
financial need pay the costs of their education.
(2) It is the intention of the legislature that the
responsibility for the costs of attendance at the institutions
of students' choosing be shared by students, parents, and
government and that the responsibilities be set forth.
(3) Aid is to be made available to eligible students only
after taking into account contributions from the students,
parents, and federal Pell grants for which the applicants are
eligible.
(4) All students, as the main beneficiaries of the
education, will be expected to make substantial contributions of
the same proportion equal to at least half of the cost of
attendance from savings, earnings, loans, and other resources.
(5) Further, the students' parents, if financially able,
are expected to make a contribution to the cost of attendance.
Sec. 42. Minnesota Statutes 1982, section 136A.121, is
amended to read:
136A.121 [SCHOLARSHIPS AND GRANTS-IN-AID.]
Subdivision 1. [ELIGIBILITY FOR SCHOLARSHIPS.] An
applicant shall be eligible to compete be considered for a
scholarship under the provisions of sections 136A.09 to 136A.131
if the board finds that applicant:
(1) is a resident of the state of Minnesota;
(2) has met all the requirements for admission as a
full-time student to an eligible institution of his choice as
defined in sections 136A.09 to 136A.131;
(3) has demonstrated capacity for superior achievement at
the institutional level as measured by standards prescribed by
the board;
(4) is a qualified applicant as defined herein.
Subd. 2. [ELIGIBILITY FOR GRANTS-IN-AID.] An applicant
shall be eligible to compete be considered for a grant-in-aid,
regardless of the applicant's sex, creed, race, color, national
origin, or ancestry, under the provisions of sections 136A.09 to
136A.131 if the board finds that applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent,
or is 17 years of age or over, and has met all requirements for
admission as a full-time student to an eligible college or
vocational school of his choice as defined in sections 136A.09
to 136A.131 or has completed at least one academic year of study
at a two-year institution and seeks transfer to a four-year
eligible institution;
(3) has met such criteria pertaining to financial need as
the board shall make by regulation.
Subd. 3. [ALLOCATION AND AMOUNT.] Scholarships and
grants-in-aid shall be awarded annually on a funds available
basis to those applicants for initial awards and applicants for
renewal awards who meet the board's requirements.
Subd. 4. [SCHOLARSHIP STIPENDS.] An eligible scholarship
applicant shall be considered for a financial stipend shall
accompany scholarship awards if the scholarship winner applicant
demonstrates financial need and will attend an eligible
institution. Financial stipends shall range from a maximum of
$1,100 in the 1979-1980 school year, $1,250 in the 1980-1981
school year and up to $1,400 in the 1981-1982 school year and
subsequent school years to a minimum of $100 but in no event
shall exceed one-half of the applicant's financial need or an
amount which if combined with the amount of a federal basic
educational opportunity grant for which the applicant is
eligible equals 75 percent of the applicants need, whichever is
the lesser. An eligible scholarship winners applicant who do
does not demonstrate financial need under criteria prescribed by
the board shall be awarded an honorary scholarships
scholarship. The amount of a financial stipend shall not exceed
a scholarship applicant's cost of attendance, as defined in
subdivision 6, after deducting the following:
(a) a contribution by the scholarship applicant of at least
50 percent of the cost of attending the institution of the
applicant's choosing;
(b) a contribution by the scholarship applicant's parents,
as determined by a standardized need analysis; and
(c) the amount of a federal Pell grant award for which the
scholarship applicant is eligible.
The minimum financial stipend shall be $100.
Subd. 5. [GRANTS-IN-AID STIPENDS.] A financial stipend
based on financial need shall accompany grants-in-aid.
Financial stipends shall range from a maximum of $1,100 in the
1979-1980 school year, $1,250 in the 1980-1981 school year and
up to $1,400 in the 1981-1982 school year and subsequent school
years to a minimum of $100, but in no event shall exceed
one-half of the applicant's financial need, or an amount which
if combined with the amount of a federal basic educational
opportunity grant for which the applicant is eligible equals 75
percent of the applicants need, whichever is the lesser. The
amount of a financial stipend shall not exceed a grant
applicant's cost of attendance, as defined in subdivision 6,
after deducting the following:
(a) a contribution by the grant applicant of at least 50
percent of the cost of attending the institution of the
applicant's choosing;
(b) a contribution by the grant applicant's parents, as
determined by a standardized need analysis; and
(c) the amount of a federal Pell grant award for which the
grant applicant is eligible.
The minimum financial stipend shall be $100.
Subd. 6. [COST OF ATTENDANCE.] The cost of attendance
shall consist of allowances specified by the board for room and
board and miscellaneous expenses, and
(a) for public institutions, tuition and fees charged by
the institution; or
(b) for private institutions, beginning July 1, 1985, an
allowance for tuition and fees equal to the lesser of (1) the
actual tuition and fees charged by the institution, or (2) the
instructional costs per full-year equivalent student in
comparable public institutions. Prior to July 1, 1985, the
tuition and fees allowance shall not exceed the instructional
costs per full-year equivalent student in comparable public
institutions.
Subd. 7. [INSUFFICIENT APPROPRIATION.] If the amount
appropriated is insufficient to make full awards to applicants
pursuant to subdivision 4, then awards shall be reduced by
(a) adding a surcharge to the contribution of the
applicant's parents, and
(b) a percentage increase in the applicant's contribution.
Subd. 8. [PRIORITY.] In dispensing available funds in a
given year, priority shall be given on the following basis:
first to renewal scholarships and grants-in-aid. Thereafter,
until the funds are exhausted, and second to applicants for
initial awards, on the basis of their rank in the case of
scholarships, and on the basis of need with all applicants
treated as a single pool of applicants in the case of
grants-in-aid, as determined by standards prescribed by the
board.
Subd. 7 9. [INITIAL AWARDS.] Only first year students
shall be eligible to apply for and receive initial scholarship
awards. Only first year and transfer students who meet the
board's requirements shall be eligible to apply for and receive
initial grants-in-aid for the 1977-1978 school year. First year
students, transfer students who meet the board's requirements
and second year students who did not receive a grant-in-aid
award upon entrance to post-secondary education shall be
eligible to apply for and receive initial grants-in-aid for the
1978-1979 and 1979-1980 school years. Any undergraduate student
who has not previously received a scholarship or grant-in-aid
and who meets the board's requirements shall be eligible to
apply for and receive a an initial grant-in-aid in any year of
undergraduate study for the 1980-1981 school year and subsequent
school years.
Subd. 8 10. Each scholarship or grant-in-aid shall be
awarded for one academic year but shall be renewable for a
maximum of six semesters or nine quarters or their equivalent
but may not continue after the recipient has obtained a
baccalaureate degree or been enrolled full-time or the
equivalent for the number of semesters or quarters normally
required to complete a baccalaureate degree, whichever occurs
first.
Subd. 9 11. Each scholarship or grant-in-aid shall be
renewable, contingent on continued residency in Minnesota,
satisfactory academic standing and recommendation of the college
or vocational school and, in the case of financial assistance,
evidence of continued need.
Subd. 10 12. The student must apply for renewal of his
scholarship or grant-in-aid each year.
Subd. 11 13. The deadline for The board to must accept
applications for state scholarships and grants-in-aid shall be
not earlier than until February 15 and may establish a deadline
for the acceptance of applications which is later than February
15.
Subd. 12 14. The student must continue to attend an
eligible institution.
Subd. 13 15. All scholarship winners and grant-in-aid
recipients shall be notified of their award awards by the board
and shall be given appropriate evidence of the award.
Subd. 14. All grant-in-aid recipients shall be duly
notified thereof by the board.
Subd. 15 16. Financial scholarships and grants-in-aid
awarded under the terms of sections 136A.09 to 136A.131 shall be
applied to educational costs in the following order: tuition,
fees, books, supplies and other expenses. Unpaid portions of
such awards shall revert to the board scholarship or
grant-in-aid account.
Sec. 43. Minnesota Statutes 1982, section 136A.14, is
amended to read:
136A.14 [STUDENT LOANS, PURPOSE.]
The legislature has found and hereby declares that the
encouragement of the maximum educational development of the
young men and women of Minnesota is in the best interest of the
state. The state loan program programs would encourage students
to continue their education and provide financial assistance for
those who would not otherwise be able to do so. The state loan
program programs provided for herein is designated except the
loan programs authorized under section 49 are designed to be
compatible with the provisions of the Higher Education Act of
1965. In furtherance of the loan programs provided for in
sections 136A.14 to 136A.17 and section 49, the board may enter
into such contracts, agreements, and guarantees with reference
to the loans or the issuance of revenue bonds as may be
necessary to carry out the programs.
Sec. 44. Minnesota Statutes 1982, section 136A.141, is
amended to read:
136A.141 [STUDENT LOAN PROGRAM.]
The higher education coordinating board shall establish and
supervise one or more student loan programs in accordance with
the provisions of sections 136A.14 to 136A.17 and section 49.
Sec. 45. Minnesota Statutes 1982, section 136A.143, is
amended to read:
136A.143 [FOREIGN STUDENTS; RESIDENT TUITION.]
Institutions of higher education in Minnesota shall be
authorized to grant resident status for the purpose of paying
tuition fees in each institution to bona fide foreign students
after their first year in Minnesota, provided that the total
number of these residencies shall not exceed one-half of one
percent of total full-time equivalent fall term enrollment of
these institutions, provided further that these residencies
shall be granted on the basis of demonstrated financial need as
determined by the higher education coordinating board.
Sec. 46. Minnesota Statutes 1982, section 136A.15, is
amended to read:
136A.15 [DEFINITIONS.]
Subdivision 1. For purposes of sections 136A.14 to 136A.17
and section 49, the terms defined in this section have the
meanings ascribed to them:
Subd. 2. "Academic year or its equivalent" shall be as
defined in the federal regulations which govern the
administration of the National Vocational Student Loan Insurance
Act of 1965 and title IV of the Higher Education Act of 1965.
Subd. 3. "Board" means the Minnesota higher education
coordinating board.
Subd. 4. "Director" means the executive director of the
Minnesota higher education coordinating board.
Subd. 5. "Eligible institution" means any public
educational institution and any private educational institution,
in any state which is approved by the U.S. commissioner of
education in accordance with requirements set forth in the
Higher Education Act of 1965, as amended.
Subd. 6. "Eligible lender" means an eligible institution,
an agency or instrumentality of a state, or a financial or
credit institution (including an insurance company) which is
subject to examination and supervision by an agency of the state
of Minnesota or of the United States.
Subd. 7. "Eligible student" means a student who is
officially registered or accepted for enrollment at an eligible
institution in Minnesota or a Minnesota resident who is
officially registered as a student or accepted for enrollment at
an eligible institution in another state. Eligible student,
except for purposes of section 136A.161 49, includes parents of
an eligible student as the term "parent" is defined in the
Higher Education Act of 1965, as amended, and the regulations
promulgated thereunder. Except for the purposes of section 49,
eligible student also includes students eligible for auxiliary
loans as the term auxiliary is defined in the Higher Education
Act of 1965, as amended, and the regulations promulgated
thereunder.
Sec. 47. Minnesota Statutes 1982, section 136A.16, is
amended to read:
136A.16 [POWERS AND DUTIES OF BOARD.]
Subdivision 1. The Minnesota higher education coordinating
board is hereby designated as the administrative agency for
carrying out the purposes and terms of sections 136A.14 to
136A.17 and section 49.
Subd. 2. The board shall adopt policies and prescribe
appropriate rules and regulations to carry out the purposes of
sections 136A.14 to 136A.17 and section 49. Such The policies,
rules, and regulations except as they relate to loans under
section 49 shall be compatible with the provisions of the
National Vocational Student Loan Insurance Act of 1965 and the
provisions of title IV of the Higher Education Act of 1965, and
any amendments thereof.
Subd. 3. The board may make loans in amounts not to exceed
the maximum amount provided in the Higher Education Act of 1965
and any amendments thereof except that the limitation shall not
apply to loans under section 49. The board may establish
procedures determining the loan amounts for which students are
eligible.
Subd. 4. The board may contract with or enter into
agreements with eligible lenders for the purpose of making loans
to eligible students in accordance with the policies and rules
of the board.
Subd. 5. The board shall have the right to contract with
guarantee agencies, insurance agencies, and/or collection
agencies, or any other person, to carry out the purposes of
sections 136A.14 to 136A.17 and section 49.
Subd. 6. The board shall be empowered to charge for
insurance on each loan a premium, payable each year in advance,.
The premiums shall not be in an amount not to exceed in excess
of the premium in the federal regulations which govern the
vocational and higher education loan program except that the
limitation shall not apply to loans under section 49. Premium
fees shall be available to the board without fiscal year
limitation for the purposes of making loans and meeting expenses
incurred in of administering the program loan programs.
Subd. 7. The board may apply for, receive, accept, and
disburse federal funds, as well as funds from other public and
private sources, made available to the state for loans or as
administrative moneys to operate student loan programs. In
making application for federal funds, it may comply with all
requirements of such state and federal law and such rules and
regulations, and enter into the contracts necessary to enable it
to receive, accept, and administer such funds.
Subd. 8. Moneys made available to the board which are not
immediately needed for the purposes of sections 136A.14 to
136A.17 and section 49 may be invested by the board. Such
moneys shall be invested in bonds, certificates of indebtedness,
and other fixed income securities, except preferred stocks,
which are legal investments for the permanent school fund. Such
moneys may also be invested in such prime quality commercial
paper as is eligible for investment in the state employees
retirement fund. All interest and profits from such investments
shall inure to the benefit of the board.
Subd. 9. The board shall be empowered to employ such
professional and clerical staff as the director deems necessary
for the proper administration of the loan program programs
established and defined by sections 136A.14 to 136A.17 and
section 49.
Subd. 10. Subject to its directives and review, the board
may delegate to the director the responsibility for issuance of
public information concerning provisions of sections 136A.14 to
136A.17 and section 49, for design of loan application forms,
and for prescribing procedures for submission of applications
for loans.
Subd. 11. The board shall periodically review and evaluate
its programs and activities and shall report to the governor on
or before the beginning of each session of the state legislature.
Subd. 12. The board shall establish and maintain
appropriate accounting and related records.
Subd. 13. Before implementing a loan program for parents
as defined in section 136A.15, subdivision 7, the board shall
obtain approval from the legislative advisory commission.
Sec. 48. Minnesota Statutes 1982, section 136A.17, is
amended to read:
136A.17 [PROGRAM REQUIREMENTS PROVISIONS FOR FEDERAL
PROGRAMS.]
Subdivision 1. A student shall be eligible to apply for a
loan under the provisions of sections 136A.14 to 136A.17 if the
board finds that the student is an eligible student as defined
in those sections and is eligible for a loan under federal laws
and regulations governing the federal guaranteed student loan
program programs.
Subd. 2. The student loan program programs shall be
administered in compliance with title VI of the Civil Rights Act
of 1964.
Subd. 3. The board may loan money upon such terms and
conditions as the board may prescribe and it may acquire student
loans from other lenders to facilitate the student loan programs
provided for in this section.
Subd. 4. No loan shall be made in excess of the maximum
provided by pertinent federal laws and regulations. The
aggregate unpaid principal amount of loans to any individual
student shall not exceed the maximum provided in pertinent
federal laws and regulations.
Subd. 5. The board may make loans for vocational study to
an individual student for a maximum of three academic years or
their equivalent and loans for higher education to an individual
student for a maximum of eight academic years of study or their
equivalent.
Subd. 6. No loans made by the board shall be made at an
annual rate of interest in excess of the maximum prescribed in
the National Vocational Student Loan Insurance Act of 1965 and
the Higher Education Act of 1965, and any amendments thereof.
Subd. 7. The benefits of the loan program programs will
not be denied any student because of his family income or lack
of need if his adjusted annual family income at the time the
note is executed is less than the maximum prescribed in the
applicable federal regulations.
Subd. 8. The repayment procedures applicable for loans
made by the board shall be consistent with federal regulations
governing interest payments under the National Vocational
Student Loan Insurance Act of 1965 and the Higher Education Act
of 1965.
Subd. 9. The board may take, hold, and administer, on
behalf of the board and for any of its purposes, real property,
personal property and moneys, or any interest therein, and the
income therefrom, either absolutely or in trust, for any
purposes of the board. The board may acquire property or moneys
for such purposes by purchase or lease and by the acceptance of
gifts, grants, bequests, devises or loans; and may enter into
contracts with other nonprofit corporations or institutions with
the same or similar purposes as will benefit and improve the
operation of the board and its loan programs.
Subd. 10. The board may establish variable repayment
schedules consistent with the need and anticipated income
streams of borrowers. The repayment schedules shall not violate
the federal laws and regulations governing federal guaranteed
student loan programs.
Subd. 11. No moneys originating from state sources in the
state treasury shall be made available for student loans and all
student loans shall be made from moneys originating from
nonstate sources.
Sec. 49. [136A.1701] [SUPPLEMENTAL AND ADDITIONAL LOANS.]
Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The higher
education coordinating board may provide for programs of loans
which may be made in lieu of or in addition to loans authorized
under sections 136A.14 to 136A.17 and applicable provisions of
federal law as provided in this section.
Subd. 2. [PURPOSE OF PROGRAM.] The purpose of the loan
programs under this section is to provide financial assistance
for the post-secondary education of students who are eligible
students whether or not such students qualify for a loan or
loans under other provisions of sections 136A.14 to 136A.17.
Loans granted to students shall be used solely for educational
purposes.
Subd. 3. [COMPLIANCE WITH CIVIL RIGHTS ACT.] The student
loan programs shall be administered in compliance with title VI
of the Civil Rights Act of 1964.
Subd. 4. [TERMS AND CONDITIONS OF LOANS.] The board may
loan money upon such terms and conditions as the board may
prescribe. The principal amount of a loan to an undergraduate
student for a single academic year may not exceed $4,000. The
aggregate principal amount of all loans made under this section
to an undergraduate student may not exceed $16,000. The
principal amount of a loan to a graduate student for a single
academic year shall not exceed $6,000. The aggregate principal
amount of all loans made under this section to a student as a
graduate student shall not exceed $25,000.
Subd. 5. [MAXIMUM LOANS FOR STUDENTS.] Loans made under
this section or sections 136A.14 to 136A.17 to an individual
eligible student for vocational study may be made for a maximum
of three academic years or their equivalent and loans made to
any other individual eligible student may be made for a maximum
of eight academic years or their equivalent.
Subd. 6. [RATE OF INTEREST.] The board shall determine the
rate of interest to be charged on loans. The rate of interest
on student loans however computed, shall not be subject to any
provision of state law limiting the rate of interest to be
charged for a loan of money.
Subd. 7. [REPAYMENT OF LOANS.] The board shall establish
repayment procedures for loans made under this section, but in
no event shall the period of permitted repayment exceed ten
years from the eligible student's termination of his
post-secondary academic or vocational program, or 15 years from
the date of his first loan under this section, whichever is less.
Subd. 8. [BOARD POWERS.] The board may take, hold, and
administer for any of its purposes, real or personal property
and money, or any interest therein, and the income therefrom,
either absolutely or in trust, for any purposes of the board.
The board may acquire real or personal property or money for its
purposes by purchase or lease and by gift, grant, bequest,
devise, or loan, and may enter into contracts with profit or
nonprofit corporations or institutions with the same or similar
purposes as will benefit and improve the operation of the board
and its loan programs.
Subd. 9. [VARIABLE REPAYMENT SCHEDULES.] The board may
establish variable loan repayment schedules consistent with the
need and anticipated income streams of borrowers.
Subd. 10. [PROHIBITION ON USE OF STATE MONEY.] No money
originating from state sources in the state treasury shall be
made available for student loans under this section and all
student loans shall be made from money originating from nonstate
sources.
Sec. 50. [136A.1702]
The board shall obtain approval from the legislative
advisory commission prior to taking the following actions with
regard to student loan programs described in this act:
(1) implementing a loan program for parents and students
eligible for auxiliary loans as defined in section 136A.15,
subdivision 7;
(2) acquiring student loans from other lenders to
facilitate student loan programs provided for in section
136A.17; and
(3) providing for programs of supplemental and additional
loans as defined in section 49.
Sec. 51. Minnesota Statutes 1982, section 136A.18, is
amended to read:
136A.18 [CONTRACTUAL ARRANGEMENTS WITH PRIVATE COLLEGES;
PURPOSE.]
The legislature has found and hereby declares that private
colleges in Minnesota have the potential capacity for educating
larger significant numbers of Minnesota residents and that
providing for the education of additional Minnesota residents in
private colleges, rather than in state institutions of higher
education, would result results in a savings of tax moneys. The
contractual arrangements with Minnesota private colleges
authorized herein are designed to encourage and encouraged to
facilitate the education of larger significant numbers of
Minnesota residents in private colleges located in Minnesota.
Sec. 52. Minnesota Statutes 1982, section 136A.26, is
amended to read:
136A.26 [MEMBERSHIPS; OFFICERS; COMPENSATION; REMOVAL.]
Subdivision 1. The Minnesota higher education facilities
authority shall consist of six members appointed by the governor
with the advice and consent of the senate, and the executive
director of the Minnesota higher education coordinating board.
The executive director of the coordinating board may designate a
member of the director's staff to sit in the director's place as
a member of the authority.
All members to be appointed by the governor shall be
residents of the state. At least one of the members shall be a
person having a favorable reputation for skill, knowledge, and
experience in the field of state and municipal finance; and at
least one shall be a person having a favorable reputation for
skill, knowledge, and experience in the building construction
field; and at least one of the members shall be a trustee,
director, officer, or employee of an institution of higher
education.
Subd. 2. The membership terms, compensation, removal of
members, and filling of vacancies for authority members other
than the executive director of the higher education coordinating
board or the director's designee shall be as provided in section
15.0575.
Sec. 53. Minnesota Statutes 1982, section 136A.29,
subdivision 2, is amended to read:
Subd. 2. The authority shall annually elect one of its
members as chairman, and one as vice-chairman, and one as
secretary, as well as to elect additional officers deemed
necessary by the authority. The executive director of the
higher education coordinating board shall be secretary of the
authority.
Sec. 54. Minnesota Statutes 1982, section 136A.29,
subdivision 9, is amended to read:
Subd. 9. The authority is authorized and empowered to
issue revenue bonds whose aggregate principal amount at any time
shall not exceed $100,000,000 $150,000,000 and to issue notes,
bond anticipation notes, and revenue refunding bonds of the
authority under the provisions of sections 136A.25 to 136A.42,
to provide funds for acquiring, constructing, reconstructing,
enlarging, remodeling, renovating, improving, furnishing, or
equipping one or more projects or parts thereof.
Sec. 55. Minnesota Statutes 1982, section 136A.42, is
amended to read:
136A.42 [ANNUAL REPORT.]
The authority shall keep an accurate account of all of its
activities and all of its receipts and expenditures and shall
annually make a report thereof to the higher education
coordinating board. The authority's report shall be included in
The higher education coordinating board's biennial report board
shall review and comment upon the report and make such
recommendations as it deems necessary to the governor and the
legislature.
Sec. 56. [INTENTION OF THE LEGISLATURE.]
It is the intention of the legislature to create a state
board of vocational technical education to govern post-secondary
and adult vocational education administered by an area
vocational technical institute.
Further, it is the intention of the legislature that
secondary vocational education be governed by the state board of
education as an essential and integral part of the secondary
instructional program.
Further, it is the intention of the legislature that adult
vocational education not administered by an area vocational
technical institute be governed by the state board of education.
Further, it is the intention of the legislature that the
state board of education and the state board of vocational
technical education conduct their affairs cooperatively to
continue the coordination of secondary, post-secondary, and
adult vocational education.
Further, it is the intention of the legislature, with
respect to post-secondary and adult vocational education
administered by an area vocational technical institute, that the
present balance of powers, duties, and functions between school
boards and the state be retained except as provided in this act.
Further, it is the intention of the legislature to allow
for flexibility and the opportunity for participation by
affected parties during the time preceding the assumption of
governing responsibilities.
Finally, it is the intention of the legislature that the
state board of vocational technical education commence its
proceedings with due deliberation, demonstrating concern for
existing successful programs, concern for present diverse
programs, needs, and methods of delivery, and thoughtful
consideration of the complexities of governing and coordinating
the affected parties and programs.
Sec. 57. [136C.01] [ESTABLISHMENT.]
A state board of vocational technical education is
established to govern post-secondary vocational education. It
shall also govern adult vocational education administered by an
area vocational technical institute.
Sec. 58. [136C.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of this chapter,
the following terms have the meanings given them.
Subd. 2. [AREA VOCATIONAL TECHNICAL INSTITUTE.] "AVTI"
means an area vocational technical institute.
Subd. 3. [POST-SECONDARY VOCATIONAL EDUCATION.]
"Post-secondary vocational education" means post-secondary and
adult vocational education administered by an AVTI.
Subd. 4. [STATE BOARD.] "State board" means the state
board of vocational technical education.
Subd. 5. [STATE DIRECTOR.] "State director" means the
state director of vocational technical education.
Subd. 6. [DISTRICT.] "District" means a school district
providing post-secondary vocational education or an intermediate
district.
Subd. 8. [INTERMEDIATE DISTRICT.] "Intermediate district"
means a district with a cooperative program which has been
established under Laws 1967, chapter 822, as amended; Laws 1969,
chapter 775, as amended; and Laws 1969, chapter 1060, as
amended, offering integrated services for secondary,
post-secondary, and adult students in the areas of vocational
education, special education, and other authorized services.
Subd. 8. [SCHOOL BOARD.] "School board" means the school
board of a district and, in the case of an intermediate
district, the board of the intermediate district.
Sec. 59. [136C.03] [STATE BOARD MEMBERSHIP.]
Subdivision 1. [COMPOSITION AND SELECTION.] The state
board shall consist of 11 members. One shall be from each
congressional district, two shall represent the state at large,
and one shall be a student to represent the state at large. The
members shall be appointed by the governor with the advice and
consent of the senate. Ten members shall be selected for their
interest in vocational technical education, and consideration
shall be given to applicants based on their knowledge of
agriculture, business, economic development, industry, labor,
and service for the handicapped. The student member shall be a
full-time student enrolled in an area vocational technical
institute or so enrolled within one year before appointment to
the state board. Except for the student member, no member while
serving on the state board may be an employee of or receiving
compensation from a public or private institution providing
post-secondary vocational education.
Subd. 2. [TERMS.] The membership terms, compensation,
removal of members, and filling of vacancies on the state board
shall be as provided in section 15.0575, except that the term of
the student member shall be two years.
Subd. 3. [ADMINISTRATION.] The state board shall elect a
chair and other officers as it may desire. It shall determine
its meeting dates and places. The commissioner of
administration shall provide the state board with appropriate
offices.
Sec. 60. [FIRST STATE BOARD.]
Subdivision 1. [APPOINTMENT AND TERMS.] By July 1, 1983,
the state board of vocational technical education shall be
appointed by the governor according to the provisions of section
59, subdivision 1. The state board shall assume full
responsibility for governance on January 1, 1984. The terms of
the members of the first state board shall be as follows: the
terms of two members shall end on the first Monday in January,
1988; the terms of three members shall end on the first Monday
in January, 1987; the terms of three members shall end on the
first Monday in January, 1986; and the terms of three members
shall end on the first Monday in January, 1985.
Subd. 2. [DEVELOPMENT OF PROCEDURES AND REPORT.] The state
board shall develop procedures to transfer governance with the
advice and consultation of the state board for vocational
education, state board of education, appropriate state agencies,
school boards, and other affected parties. The state board of
vocational technical education and the state board of education
shall cooperatively determine:
(a) allocation of federal moneys;
(b) permanent designation of the sole state agency;
(c) provision of operational support services;
(d) assignment of operational support and adult vocational
staff; and
(e) agreements involving the two boards.
The state board of vocational technical education and the
state board of education shall report their findings and
recommendations, including proposals for statutory changes, to
the education committees of the legislature by December 1, 1983.
Subd. 3. [TEMPORARY SOLE STATE AGENCY.] From January 1,
1984, to June 30, 1984, the state board of education shall serve
as the sole state agency for the purpose of receiving federal
vocational money. All federal money for post-secondary
vocational education, as defined in section 58, shall be
reallocated to the state board of vocational technical education.
Subd. 4. [FIRST STATE DIRECTOR.] Notwithstanding the
provisions of section 61, subdivision 2, the governor, with the
advice and consent of the senate, shall appoint the first state
director.
Subd. 5. [STAFF.] The state board may employ necessary
staff to carry out its duties under this section. On request of
the state board, the department of education may temporarily
assign any of its staff to assist the state board.
Sec. 61. [136C.04] [POWERS AND DUTIES OF THE STATE BOARD.]
Subdivision 1. [GENERAL.] The state board shall possess
all powers necessary and incident to the management,
jurisdiction, and governance of post-secondary vocational
education. These powers shall include, but are not limited to,
those enumerated in this section.
Subd. 2. [APPOINTMENT OF STATE DIRECTOR.] The state board
shall appoint a state director of vocational technical education
who shall serve in the unclassified service. The state director
shall be qualified by training and experience in the field of
education, vocational education, or administration. The state
director shall possess powers and perform duties as delegated by
the state board. The state board shall set the salary of the
state director. The state director may be paid an allowance not
to exceed $2,000 annually for miscellaneous expenses in
connection with duties of the office. The provisions of chapter
16A shall not apply to these expenditures, but the state board
shall prescribe the manner, amount, and purpose of the
expenditures and report to the legislature on the expenditures
by December 1 of each even-numbered year.
Subd. 3. [STAFF.] The state board shall employ all
subordinate staff and prescribe their duties consistent with
chapter 43A.
Subd. 4. [BUDGET REQUESTS.] The state board shall review
and approve, disapprove, or modify the biennial budget requests
for post-secondary vocational education operations and
facilities submitted by the state director. The state board
shall submit the approved biennial budget requests to the
governor.
Subd. 5. [PLANNING.] The state board shall develop a
long-range plan for post-secondary vocational education which
shall include goals and objectives for instructional programs,
facilities, and use of resources. The plan shall be developed
with the advice of appropriate state agencies, school boards,
and other affected parties. The state board shall review this
plan biennially to evaluate its success in meeting these goals
and objectives.
Subd. 6. [ACCOUNTING AND REPORTING STANDARDS.] The state
board shall maintain the uniform financial accounting and
reporting system according to the provisions of sections 121.90
to 121.917.
Subd. 7. [ATTENDANCE AND COMPLETION.] The state board
shall prescribe conditions of admission, tuition, fees, and
other related matters. The state board shall prescribe
requirements for completion of programs and approve the awarding
of appropriate certificates or associate degrees consistent with
the provisions of section 121.218. Chapter 14 shall not apply
to the matters in this subdivision.
Subd. 8. [CONTRACTS AND COOPERATIVE AGREEMENTS.] The state
board may enter into contracts or cooperative agreements with
the state board of education, higher education governing boards,
educational institutions, or appropriate state agencies.
Subd. 9. [LICENSURE.] The state board may promulgate
rules, according to the provisions of chapter 14, for licensure
of teaching, support, and supervisory personnel in
post-secondary and adult vocational education.
Subd. 10. [ALLOCATION.] The state board shall allocate
state and federal money for post-secondary vocational education.
Money received from federal sources other than as provided in
chapter 124, and money received from other sources, not
including the state, shall not be taken into account in
determining appropriations or allocations.
Subd. 11. [SHORT-TERM PROGRAMS.] The state board may
approve a short-term program of two years or less, as an
economic development initiative, which will not become a
permanent part of the curriculum. The short-term program shall
have an approved program length of not more than two years and
be operated for a specified duration.
Subd. 12. [PROGRAMS.] The state board shall approve,
disapprove, and coordinate programs. After consultation with
affected school boards, the state board may add, eliminate,
transfer, or change programs as it determines advisable. The
state board shall consider the integrated services of secondary,
post-secondary, and adult vocational education when it reviews
intermediate district programs.
In the case of intermediate districts, the state board may
apply the following criteria when adding, eliminating,
transferring, or changing programs:
(a) the school board may be allowed to continue offering
integrated secondary, post-secondary, and adult programs; and
(b) the school board may determine the use of facilities
and equipment for secondary, post-secondary, adult, and special
education programs and educational services for low incidence
populations.
Subd. 13. [CLOSING AUTHORITY.] The state board, after
consultation with the affected school board, may require that
school board to discontinue operation of its AVTI. The state
board shall first hold a public hearing on the issue in that
geographic area. Affected parties shall have an opportunity to
present testimony. At the request of the school board, the
hearing shall be conducted by a hearing examiner of the office
of administrative hearings. The hearing examiner shall prepare
a summary of testimony for the state board. The state board
shall publish notice in the State Register and in a newspaper of
general circulation in the geographic area at least 30 days
before the scheduled hearing.
Subd. 14. [REORGANIZATION.] The state board, after
consulting with the affected school boards, may merge or
reorganize institutes or establish regional service areas for
the purpose of increased efficiency, use of personnel, placement
of programs, student access, and other needs as determined by
the state board.
Subd. 15. [PUBLIC HEARINGS.] The state board shall conduct
public hearings when merging or reorganizing institutions and
when allocating money. Notice shall be given to affected
persons in the manner determined by the state board. All
affected persons shall be given the opportunity to be heard, but
the state board may impose reasonable restrictions on time. The
state board shall take final action at a meeting held at least
seven days after the public hearing.
Subd. 16. [TIMING OF ACTIONS.] The state board may
consider the provisions of sections 125.12, subdivision 4, and
125.17, subdivision 3, when it takes actions under subdivisions
12, 13, and 14.
Subd. 17. [COOPERATION FOR VOCATIONAL EDUCATION.] The
state board of education shall cooperate with the state board of
vocational technical education to promote establishment of
policies and methods to improve the quality and efficiency of
secondary, post-secondary, and adult vocational education in the
state.
Sec. 62. [136C.05] [POWERS AND DUTIES OF THE SCHOOL
BOARD.]
Subdivision 1. [PERSONNEL.] The school board shall employ
instructors, support personnel, and supervisory personnel for
post-secondary vocational education. The school board may
appoint the local director.
Subd. 2. [FINANCE.] The school board shall prepare and
submit budgets as required by the state board. The school board
shall approve all expenditures.
Subd. 3. [INSTRUCTIONAL PROGRAM.] The school board shall
operate and maintain post-secondary vocational education,
subject to the supervision of the state board as provided in
section 61. The school board may determine area employment
needs and make recommendations to the state board.
Subd. 4. [FACILITIES AND EQUIPMENT.] The school board
shall operate and maintain all facilities and equipment and
shall employ personnel to do so.
Sec. 63. [EFFECT OF TRANSFER.]
Subdivision 1. [BOARD TRANSFER.] The state board for
vocational education is abolished on December 31, 1983. Except
as explicitly provided otherwise in this act, the powers,
duties, and functions of the state board for vocational
education relating to post-secondary and adult vocational
education are transferred to the state board of vocational
technical education. Rules of the state board for vocational
education relating to adult vocational education, other than
licensure rules, are not affected by this transfer with respect
to adult vocational education not administered by area
vocational technical institutes. Rules of the state board for
vocational education relating to post-secondary vocational
education, as defined in section 58, other than licensure rules,
shall have no force and effect on January 1, 1984, and
thereafter. Rules of the state board for vocational education
for post-secondary and adult vocational education licensure are
transferred to the state board of vocational technical education.
Subd. 2. [TRANSFER NOT TO AFFECT LEGAL ACTION.] The
transfer of powers, duties, and functions shall not affect any
action or proceeding, whether administrative, civil, or
criminal, pending at the time of the transfer. The action shall
be continued in the name of the state board of vocational
technical education which, upon application to the appropriate
court, shall be substituted as a party to the action or
proceeding.
Subd. 3. [TRANSFER OF PROPERTY.] All books, maps, plans,
papers, records, contracts, documents, and property of every
description in the possession or control of the state board for
vocational education or the state board of education, relating
to post-secondary vocational education, as defined in section
58, shall be transferred to the state board of vocational
technical education. The transfer shall be made in accordance
with the directions of the state board of vocational technical
education.
Subd. 4. [TRANSFER OF FUNDS.] The unencumbered and
unexpended balance of all funds appropriated to the state board
for vocational education for post-secondary vocational
education, as defined in section 58, shall be transferred and
reappropriated to the state board of vocational technical
education. All federal money for post-secondary vocational
education, as defined in section 58, shall be transferred to the
state board of vocational technical education.
Subd. 5. [CONSTRUCTION OF STATUTES, CONTRACTS, AND
DOCUMENTS.] Whenever the state board for vocational education or
its officer is referred to or designated in a statute, contract,
or document, in the context of post-secondary vocational
education, as defined in section 58, the reference or
designation shall be construed to mean the state board of
vocational technical education or its officer.
Subd. 6. [TRANSFER OF POSITIONS.] Notwithstanding any law
to the contrary, the positions of the managers of vocational
relations, adult vocational extension, post-secondary vocational
section, and operational services of the vocational technical
education division of the department of education shall be
declassified effective July 1, 1983. Incumbent employees may
exercise layoff rights within the department of education
provided by the applicable plan pursuant to Minnesota Statutes,
section 43A.18. The layoff rights shall be exercised no later
than December 31, 1983. The provisions of Minnesota Statutes,
sections 43A.08, subdivision 6 and 43A.081 shall not apply to
the declassification of these positions.
All classified positions and incumbent employees in the
adult vocational technical education, post-secondary vocational
technical education, and operational services sections of the
vocational technical education division of the department of
education, including the confidential secretary to the assistant
commissioner of vocational technical education, are transferred
to the state board of vocational technical education on January
1, 1984. The position of assistant commissioner of vocational
technical education and the positions declassified in this
subdivision are transferred to the state board of vocational
technical education on January 1, 1984. The board of vocational
technical education and the commissioner of education in
consultation with the commissioner of employee relations and the
commissioner of finance shall determine which additional
positions shall be transferred. The positions transferred to
the board of vocational technical education are abolished in the
department of education. The approved staff complement for that
agency is decreased accordingly.
Except as specifically provided, nothing in this
subdivision shall be construed as abrogating or modifying any
rights now enjoyed by affected employees under the managerial or
commissioner's plans or the terms of an agreement between the
exclusive representatives of public employees and the state or
one of its appointing authorities.
Sec. 64. [PLAN FOR COOPERATION.]
Subdivision 1. [PLAN.] For increased financial efficiency
and effectiveness in serving its community and in responding to
changing enrollment needs, each AVTI and community college
located in the same community or in nearby communities shall
jointly develop a plan for cooperation. The institutions
included are those located in Thief River Falls, Hibbing,
Virginia-Eveleth, Brainerd, Willmar, Rochester, Austin, White
Bear Lake, Minneapolis, Brooklyn Park, Anoka-Coon Rapids,
Rosemount-Inver Grove Heights, and Bloomington-Eden Prairie.
Subd. 2. [CONTENTS OF PLAN.] Each plan shall propose a
strategy for sharing of facilities, personnel, and resources.
These strategies may include campus reorganizations,
discontinuation of programs, changes in governance, and other
such methods. Each plan shall identify estimated savings and
the manner in which the savings will be achieved.
Subd. 3. [SUBMISSION OF PLANS.] Each plan shall be
submitted to the chancellor for community colleges and the state
director of vocational technical education by November 1, 1983.
They shall review the plans and approve or disapprove them. A
disapproved plan shall be returned to the institutions where it
shall be modified and resubmitted to the chancellor and state
director. The chancellor and state director shall submit all
approved plans to their governing boards for review.
Subd. 4. [REVIEW AND COMMENT.] By January 1, 1984, the
governing boards shall submit all approved plans to the higher
education coordinating board for review and comment. The higher
education coordinating board, the state board for community
colleges, and the state board of vocational technical education
shall report the plans to the legislature by February 1, 1984.
Sec. 65. Minnesota Statutes 1982, section 158.05, is
amended to read:
158.05 [ACTUAL COST TO BE CHARGED PATIENTS.]
The University of Minnesota hospitals shall treat patients
admitted on certificate of the board of county commissioners of
any county at rates based on actual cost, as determined by the
board of regents of the University of Minnesota. Seventy Sixty
percent of the first $5,000 $11,000 in charges against a
patient, and all of the charges against a patient in excess of
$5,000 $11,000, will be paid by the state from appropriations
made to the university for this purpose. Before charges are
billed to this program, the University of Minnesota hospitals
and clinics shall seek payment from any third-party insurance
that is liable for coverage of the patients' care. This program
shall be billed for the balance after the third-party payment
according to the formula noted above. Any resident of the
state, upon a proper showing to the board of regents of the
University of Minnesota that he is unable to pay ordinary
physician's fees and hospital charges, may be received upon
paying the same rate as charged for county patients. It shall
be the duty of the board of regents to investigate applications
made for such treatment under this section; and, if satisfied of
the truth of the allegations made and of the necessity for
treatment, the board of regents shall admit such patients when
there is room in the hospitals.
Students of the University of Minnesota and such other
patients as the board of regents, to an extent that will not
interfere with the primary purpose of the hospitals, as set
forth in section 158.02, may direct, may be received in the
hospitals when there is room and any fees received from such
patients shall be used for the purposes of the hospitals.
Sec. 66. [STUDY OF STUDENT PROGRESS.]
Subdivision 1. [HIGHER EDUCATION COORDINATING BOARD.] The
higher education coordinating board shall conduct a study of
policies and standards relating to student progress toward
completion of programs in Minnesota higher education systems and
institutions. This study shall result in a report and
recommendations for improving policies on student progress. The
report shall be submitted to the legislature by December 1, 1983.
Subd. 2. [FACTORS.] The study shall consider such factors
as trends toward longer academic residency of students, the
relationship between the retention of students and sources of
institutional revenue, the retention of students whose grades
are below average, counseling and advising of students regarding
completion of programs, changes in standards which measure
performance and progress, and other factors relevant to student
progress.
Sec. 67. [ADOPT TEMPORARY RULES.]
The higher education coordinating board shall adopt
temporary rules pursuant to Minnesota Statutes, sections 14.29
to 14.36 to implement the provisions of section 49, for the
1983-1984 academic year. Notwithstanding Minnesota Statutes,
section 14.35, the temporary rules may be effective until
permanent rules are adopted or June 30, 1984, whichever is
earlier.
Sec. 68. [CONGRESSIONAL DISTRICTS FOR REGENTS.]
The provisions of Minnesota Statutes, section 137.024,
requiring at least one member of the board of regents of the
University of Minnesota to be a resident of each congressional
district, shall not apply from the effective date of this act
until the first Monday in February of 1985.
Sec. 69. [UNIFORM FINANCIAL ACCOUNTING AND REPORTING
STANDARDS ADVISORY COUNCIL.]
Notwithstanding the provisions of any other law to the
contrary, the uniform financial accounting and reporting
advisory council shall not terminate before June 30, 1985.
Sec. 70. [ESV COMPUTER COUNCIL.]
Notwithstanding the provisions of any other law to the
contrary, the elementary-secondary-vocational computer council
shall not terminate before June 30, 1985.
Sec. 71. [HIGHER EDUCATION ADVISORY COUNCIL.]
Notwithstanding the provisions of any other law to the
contrary, the higher education advisory council shall not
terminate before June 30, 1985.
Sec. 72. [REPEALER.]
Subdivision 1. Minnesota Statutes 1982, sections 120.82
and 136.034 are repealed.
Subd. 2. Minnesota Statutes 1982, sections 121.902,
subdivision 1a; 121.936, subdivision 6; 136A.144; 136A.145;
136A.146; 136A.161; 136A.19; 136A.20; 136A.21; 136A.22;
136A.236; and 136A.237, are repealed.
Subd. 3. Minnesota Statutes 1982, sections 121.11,
subdivision 1, and 124.53, are repealed.
Sec. 73. [EFFECTIVE DATE.]
Subdivision 1. Except where the language of this act
explicitly provides otherwise, the sections of this act are
effective as provided in this section.
Subd. 2. Sections 9, 10, 14 to 21, 35, 56, 60, 65, and 72,
subdivision 1, are effective the day after final enactment.
Subd. 3. Sections 1 to 8, 11, 12, 13, 22 to 34, 36 to 55,
57, 58, 64, 66 to 71, and 72, subdivision 2, are effective July
1, 1983.
Subd. 4. Sections 59, 61, 62, 63, and 72, subdivision 3,
are effective January 1, 1984.
Approved June 6, 1983
Official Publication of the State of Minnesota
Revisor of Statutes