Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1985, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 11-S.F.No. 17
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 board of
vocational technical education, state board for
community colleges, state university board, University
of Minnesota, and the Mayo medical foundation, with
certain conditions; authorizing certain boards to
establish certain salaries; providing for staff
assistance, Indian scholarships and school district
grants, tuition determination, average cost of
instruction, authority to carry over appropriations,
computer sales, financial aid, credit transferability,
payroll deductions, surveys, studies, reports,
notices, planning, policy development, mission
statements, task forces, private proprietary schools,
state university parking, annual appropriations, aid
payments, review of vocational capital improvements,
veterans' vocational program exemptions, vocational
budgets and programs, endowed chairs, emergency rules,
and pilot programs; amending Minnesota Statutes 1984,
sections 15A.081, subdivision 1, and by adding a
subdivision; 121.02, by adding a subdivision; 124.48,
by adding a subdivision; 135A.01; 135A.03; 135A.04;
135A.05; 135A.06; 136.031; 136.24; 136.67, subdivision
5; 136A.09; 136A.095; 136A.101; 136A.121, subdivisions
1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, and 16;
136A.132, subdivisions 3, 4, 5, and 6; 136A.15,
subdivision 7; 136A.162; 136A.233, subdivision 2;
136C.04, subdivisions 4a, 15, and by adding a
subdivision; 136C.07, by adding a subdivision;
136C.08, subdivision 2; 136C.13, subdivision 3, and by
adding a subdivision; 136C.26, subdivisions 1, 4, and
5; 136C.28, subdivision 2; 136C.29, subdivision 5;
136C.33, subdivision 1; 136C.34; 136C.36; 137.022;
141.23; 141.25, subdivisions 8, 9, 10, and by adding a
subdivision; 141.26, subdivisions 2 and 5; 141.28,
subdivision 4; 141.32; proposing coding for new law in
Minnesota Statutes, chapters 124; 135A; 136; and 136A;
repealing Minnesota Statutes 1984, sections 135A.07;
136A.121, subdivisions 8 and 14; 136C.26, subdivisions
2 and 8; 136C.28, subdivisions 3, 4, 5, 6, and 7;
136C.33, subdivisions 3 and 4; 136C.37; and 136C.38.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [EDUCATION; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or any other fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal year indicated for each purpose. The
figures "1986" and "1987," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 1986, or June 30, 1987,
respectively.
SUMMARY BY FUND
1986 1987 TOTAL
General $748,808,300 $786,978,200 $1,535,786,500
Trunk Highway 20,300 20,700 41,000
Permanent University 3,800,000 3,800,000
TOTAL $752,628,600 $786,998,900 $1,539,627,500
SUMMARY BY AGENCY - ALL FUNDS
Department of
Education $ 22,632,500 $ 22,652,600 $ 45,285,100
Higher Education
Coordinating Board 63,392,000 72,470,700 135,862,700
State Board of
Vocational Technical
Education 140,049,400 144,997,900 285,047,300
State Board for
Community Colleges 61,166,800 60,831,300 121,998,100
State University
Board 118,392,200 122,458,300 240,850,500
Board of Regents of the
University of
Minnesota 345,943,700 362,621,700 708,565,400
Mayo Medical
Foundation 1,052,000 966,400 2,018,400
APPROPRIATIONS
Available for the Year
Ending June 30
1986 1987
Sec. 2. DEPARTMENT OF EDUCATION
Subdivision 1. Total
Appropriation $22,632,500 $22,652,600
Approved Complement
State - 1986 = 445, and 1987 = 435
Special Revenue = 9.5
Federal = 164.1
Bond Proceeds = 1
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The commissioner of education with the
approval of the commissioner of finance
may transfer unencumbered balances
among the programs during the
biennium. Transfers must be reported
immediately to the senate finance and
house appropriations committees.
During the biennium, the commissioner
of education may transfer money among
the various object of expenditure
categories and activities within each
program, unless restricted by executive
order.
The commissioner of education during
the biennium may spend federal block
grant money received under the
Education Consolidation and Improvement
Act of 1981, as amended, United States
Code, title 20, chapter 51, as shown in
the biennial budget. Changes may be
made to accommodate adjustments in
salary or other costs. The
commissioner must report material
changes to the senate finance committee
and the house appropriations committee.
Subd. 2. Instructional Services
1986 1987
$6,294,000 $6,387,600
$20,300 the first year and $20,700 the
second year is from the trunk highway
fund.
$1,545,000 the first year and
$1,606,800 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.
$306,000 the first year and $312,100
the second year is for Indian
post-secondary preparation grants.
The General Instruction Activity
complement is reduced by one position
in Chemical Dependency.
The Academic Excellence Foundation
complement is increased by one position.
One professional state position shall
be added to the Special Education
Monitoring complement of Special
Populations.
The department of education shall
maintain the existing Minnesota Indian
education scholarship office at Bemidji
during the biennium ending June 30,
1987, with no reduction in general fund
appropriations.
This appropriation includes $25,000 per
year for the commissioner of education
to contract with the Minnesota
historical society to develop and
publish instructional materials on
Minnesota history and government for
pupils in the fifth to seventh grades.
The materials shall be accurate and
balanced, and shall present the
contributions of various cultures and
both sexes. The materials may be sold
to school districts and nonpublic
schools. An advisory task force of 15
members appointed by the commissioner
of education, in cooperation with the
director of the Minnesota historical
society, shall advise the society about
developing the materials. The task
force shall consist of school board
members, historians, educators, and
staff of the department of education.
The task force is subject to Minnesota
Statutes, section 15.059, subdivision
6. The department of education shall
test and evaluate the materials with
classroom teachers in a variety of
school districts. If the appropriation
in either year is insufficient, the
appropriation for the other year is
available.
Subd. 3. Faribault Residential
Schools
$ 5,888,200 $ 5,736,600
$103,200 the first year and $107,600
the second year is for repairs,
replacements, and betterments.
$51,000 the first year and $53,300 the
second year is for repair and purchase
of equipment.
Any unexpended balance remaining for
repairs, replacements, betterments, and
repair and purchase of equipment in the
first year does not cancel but is
available for the second year of the
biennium.
Subd. 4. Support Services
$1,708,300 $1,666,000
The complement for the Council on
Quality Education is eliminated unless
separate legislation is passed that
would provide appropriations and
require a portion or all of the
complement to be retained to perform
the duties required. This shall not
affect programmatic payment obligations
previously approved. The commissioner
of education is authorized to request
action according to Minnesota Statutes,
section 3.30 for administrative needs.
The complement of the Private
Vocational School Licensing section is
reduced by one position in the second
year.
During the biennium ending June 30,
1987, private trade school fees must
not be decreased but may be increased
under Minnesota Statutes, sections
14.14, 16A.128, and 214.06.
Subd. 5. District Management
Services
$6,209,600 $6,308,200
$981,100 the first year and $990,900
the second year is for education data
systems.
Each year during the biennium, the
commissioner of education shall submit
to the elementary-secondary-vocational
computer council a detailed budget and
workplan for the education data systems
section for review and comment. A
change in the workplan must be featured
in the next year's submission.
$348,800 the first year and $357,800
the second year is for the development
and maintenance of software for the
elementary-secondary-vocational
information system.
$3,200,000 in the first year and
$3,272,700 in the second year is for
regional computing support for regional
management information centers.
Any unexpended balance remaining in the
first year for education data systems,
development of the ESV-IS system, and
regional computing support does not
cancel but is available for the second
year of the biennium.
Subd. 6. Auxiliary and General
Services
$2,333,300 $2,352,600
The commissioner of education shall
maintain no more than seven total
complement in the categories of
commissioner, deputy commissioner,
assistant commissioner, assistant to
the commissioner, or executive
assistant.
$109,900 the first year and $111,000
the second year is for the
elementary-secondary-vocational
computer council.
Subd. 7. Board of Teaching
$199,100 $201,600
Sec. 3. HIGHER EDUCATION
COORDINATING BOARD
Subdivision 1. Total
Appropriation 63,392,000 72,470,700
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Agency Administration
$2,638,800 $2,502,800
This appropriation includes $27,000 in
fiscal year 1986 and $54,000 in 1987
for the continuation of the optometry
contract program. No more than five
new students shall be admitted to the
program each year. The HECB shall
award the contracts to the institutions
that provide the lowest cost to
students for the lowest price per
contract seat. Any money remaining
from this appropriation shall be
applied to scholarships and grants for
optometry students.
This appropriation includes $25,000 in
1986 and $25,000 in 1987 for the
purpose of scholarships and grants for
eligible students of optometry.
Eligible students are those who were
enrolled in the 1984-1985 academic year
in schools of optometry with which
Minnesota has an agreement for each
academic year in the 1985-1987 biennium
for optometry seats. Students shall be
selected for application and shall be
obligated to practice in Minnesota as
provided in Minnesota Statutes, section
136A.225.
The higher education coordinating board
shall study the need for the
continuation of financial assistance
for optometry students based on the
state's current and projected need for
optometrists, and shall report its
recommendations to the senate finance
and house appropriations committees by
December 1, 1986.
The higher education coordinating board
shall study the policy of contracting
for educational services in areas of
unique need in the state. It shall
develop methods to identify these
needs, examine strategies to address
these needs including the alternative
approaches of direct institutional aid
or direct student aid, develop criteria
to select institutions to meet these
needs, and report its findings and
recommendations to the chairs of the
senate finance and house appropriations
committees by July 1, 1986.
The higher education coordinating board
shall review the method used to
determine the need a student has for
financial aid for post-secondary
education. The review shall include
the effect of the present method on
students and parents who have various
types of assets and modest incomes,
such as farmers, owners of small
businesses, home owners without large
mortgages, and others. Alternate
methods of calculating parental
contributions that are more closely
related to income shall be considered
by the board. A report of the review
and recommendations shall be submitted
to the chairs of the education,
finance, and appropriations committees
of the legislature by January 1, 1986.
This appropriation includes $75,000
each year for the higher education
coordinating board and the board of
teaching to appoint a task force on
teacher education programs. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available. The task
force shall include representatives of
the commissioner of education, board of
teaching, higher education coordinating
board, teachers, school boards,
administrators, and teacher education
students and faculty. It shall study
and recommend changes in teacher
education programs to meet contemporary
and anticipated teaching conditions,
program outcomes, outcome measures for
evaluation and approval of the programs
to assure graduates are capable of
being effective teachers, and other
measures to meet educational needs.
The report, with recommendations of
each board, shall be submitted to the
chairs of the education committees of
the legislature by January 1, 1987.
$100,000 in 1986 and $100,000 in 1987
is to coordinate system missions and
planning, and to coordinate the
development of policy in instructional
technology.
$34,900 in 1986 and $35,000 in 1987 is
to inform secondary students beginning
in the eighth grade about
post-secondary opportunities and
expectations, preparations necessary
for post-secondary education, and
resources available for planning and
financial assistance. The higher
education board shall submit a report
to the legislature by January 1, 1987.
The average cost funding task force
shall review the instructional
component of the University of
Minnesota hospitals and report its
findings and recommendations to the
legislature by October 1, 1986.
Subd. 3. State Scholarships and
Grants
$52,300,000 $59,800,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available to meet
scholarship and grant obligations.
For state scholarships and grants for
the 1985-1986 and 1986-1987 academic
years, the value per acre of a family
farm shall not exceed the average value
per acre of farm land in the county in
which the farm is located. For a farm
located in more than one county, the
value to be used is the value of farm
land in the county in which the largest
portion of the farm is located. The
average value per acre shall be as
established by the agriculture
extension service of the University of
Minnesota or the commissioner of
revenue, whichever is lower, for the
year preceding the year in which
application for a scholarship or grant
is made. The higher education
coordinating board shall notify by mail
each dependent and independent
applicant for aid for the 1985-1986
school year whose permanent mailing
address is not within a city of the
first or second class, who reported
owning business or farm assets or
parental business or farm assets, and
who could benefit from the valuation
limitation. The notice shall inform an
applicant that limitations on the value
of farm land have been established by
law and that the applicant may reapply
for aid or for additional aid.
Materials to reapply shall be included
with the notice.
This appropriation contains money for
increasing living allowances for state
scholarships and grants to $2,850 for
1986 and $2,960 for 1987.
$100,000 the first year is for
short-term living and transportation
expenses of AVTI students.
Subd. 4. Interstate Tuition
Reciprocity
$2,800,000 $4,000,000
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
$4,428,600 $4,428,600
Subd. 6. Income Contingent
Loans
$ 20,000 $ 600,000
This appropriation is for an income
contingent loan repayment program to
assist resident graduates of Minnesota
schools in medical, dental, pharmacy,
and veterinary medicine in repaying
their student debt by providing a
repayment plan based on their annual
income. The appropriation for fiscal
year 1986 is for the development of the
program. The appropriation for fiscal
year 1987 is for payments in that year
to creditors that exceed the borrowers'
income contingent payments to the
coordinating board, to pay defaulted
principal and interest payments not
covered by default insurance on the
original loans, and to administer the
program.
The board shall develop a plan to issue
bonds to fund creditor payments that
exceed a borrower's income contingent
payments and shall examine the
feasibility of extending the program to
other graduate students. The board
shall report its recommendations to the
chairs of the finance and
appropriations committees of the
legislature by January 15, 1987.
Subd. 7. Medical Student Loans
$ 95,000
Subd. 8. Minitex Library
Program
$ 909,600 $ 739,300
Subd. 9. Enterprise Development
Partnerships
$ 200,000 $ 400,000
The board shall coordinate the grant
competition and the allocation of
awards and shall determine the method
to be used in selecting proposals for
funding. The board shall report to the
legislature on the awards made by
February 1, 1987.
Subd. 10. 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 BOARD OF VOCATIONAL
TECHNICAL EDUCATION
Subdivision 1. Total
Appropriation 140,049,400 144,997,900
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
It is estimated that the amount for
instructional expenditures will be
$182,381,500 for the first year and
$184,296,100 for the second year.
Subd. 3. Noninstructional Expenditures
It is estimated that the amount for
noninstructional expenditures will be
$7,227,600 for the first year and
$6,764,100 for the second year.
This appropriation authorizes $212,500
for the first year and $250,000 for the
second year for supporting up to 25
percent of tuition costs of firefighter
training programs. The state board
shall establish a uniform tuition
schedule for the programs.
$6,477,500 the first year and
$6,015,400 the second year is for debt
service payments to school districts
for AVTI buildings financed with
district bonds issued before January 1,
1979.
$212,000 the first year and $90,600 the
second year is for veteran farmer
cooperative training programs.
$100,000 in 1987 is for the operation
and management of the FIRE center. The
board of vocational technical education
and the regents of the University of
Minnesota are requested to report by
January 1, 1986, to the house
appropriations and senate finance
committees on the statutory, property,
fiscal, and other related changes
necessary to transfer the FIRE center
from the management of the University
of Minnesota to the management of the
AVTI board.
The appropriation for 1986 includes
money for an advisory task force on
hazardous substances. The state
director of vocational technical
education shall appoint a nine member
task force that includes
representatives of: fire chiefs,
professional firefighters, volunteer
firefighters, independent health
professionals with training in
toxicology, and business and industry,
including small business. Members of
the task force shall be reimbursed for
expenses as provided in Minnesota
Statutes, section 15.059, subdivision
6. The task force shall report its
findings and recommendations to the
chairs of the house appropriations and
senate finance committees by February
1, 1986.
Independent school district No. 742,
St. Cloud, is authorized to construct
an addition to the area vocational
technical institute to provide space
for student services,
telecommunications activities, and
general instruction. The total cost of
the project must not be more than
$450,000, to be paid entirely from
local money. In addition, the state
board of vocational technical education
may authorize additional capital
improvements to the St. Cloud area
vocational technical institute. The
total cost of the additional
improvements must not be more than
$1,150,000 to be paid entirely from
local money. The district may transfer
money from the post-secondary
vocational technical capital
expenditure fund to the building
construction fund as needed to provide
the local money for these projects.
Independent school district No. 347,
Willmar, is authorized to construct an
addition to the area vocational
technical institute for the electronics
program. The total cost of the project
must not be more than $225,000, to be
paid entirely from local money.
Notwithstanding Laws 1984, chapter 597,
section 13, subdivision 1, the
appropriation to special school
district No. 1, Minneapolis, may be
used to acquire and to better an
existing facility or to construct a new
facility for the aviation mechanics
program. Renovation or expansion of an
existing facility shall not proceed
until such time as the purchase is
complete and the title has been
transferred. The state share of the
cost of the project remains
$1,700,000. The total cost of the
project is estimated to be $2,000,000
and shall not exceed $2,500,000 whether
paid from state, local, or federal
money. At the discretion of the state
director, up to $85,000 of the
appropriation may be used to acquire
facilities for other aviation related
programs in the vocational institutes
if sufficient money remains from the
Minneapolis project. The total cost of
other facility acquisition shall not
exceed $100,000 whether paid from
state, local, or federal money.
The state board shall apply to the
department of energy and economic
development for grant money to provide
the state's portion of necessary funds
to establish at least two off-campus
pilot alcohol fuel plant programs.
State funds shall not provide more than
33 percent of the cost of equipment
necessary for alcohol production and
by-product utilization. The state
board shall enter into agreements with
alcohol fuel plant manufacturers and
with farmers near area vocational
technical institutes. The agreements
shall provide for: (1) installation of
an alcohol fuel plant, at no cost to
the state for its operation, to be
integrated into the operation of the
farm, (2) instruction on the farm
related to the alcohol fuel plant as
determined by the state board and
provided by an area vocational
technical institute, (3) data, to be
collected and made available for a
period of five years, reporting the
cost and benefit of all phases of the
demonstration project, and (4)
maintenance of the plant and
disposition of the plant if it is no
longer needed for instruction.
Subd. 4. State Council on Vocational
Technical Education
$37,500 in 1986 and $37,500 in 1987
shall be allocated by the state board
to the state council on vocational
education. These funds shall be used
by the council to carry out its program
and duties with particular emphasis on:
service to local program advisory
committees, AVTI program evaluation
reports and recommendations, and a
survey of entrepreneurial initiatives
of AVTI graduates. Any unexpended
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
Sec. 5. STATE BOARD FOR
COMMUNITY COLLEGES
Subdivision 1. Total
Appropriation 61,166,800 60,831,300
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
It is estimated that the amount for
instructional expenditures will be
$77,780,300 for the first year and
$76,613,100 for the second year.
Subd. 3. Noninstructional Expenditures
It is estimated that the amount for
noninstructional expenditures will be
$10,230,800 for the first year and
$10,677,300 for the second year.
$260,000 the first year and $285,000
the second year is for the move and
rental of space for Minneapolis
Community College.
Subd. 4. Cambridge Center
$160,000 in 1986 and $180,000 in 1987
is for operating costs of the Cambridge
Center, contingent upon the opening of
the new facility.
Sec. 6. STATE UNIVERSITY BOARD
Subdivision 1. Total
Appropriation 118,392,200 122,458,300
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Science and Technology Resource
Pilot Project at Southwest State University
The state university board shall
implement a pilot project for regional
economic development not to exceed
$600,300 the first year and $524,700
the second year. The board shall
submit, by January 15 of each year of
the biennium, a report to the governor
and to the members of the senate
finance and house appropriations
committees. The report shall contain
an evaluation including the number of
people served, businesses formed, jobs
created, projects being developed, and
any other criteria the board feels is
essential or desirable.
Revenue generated from royalties,
patents, licenses, or interests
retained by the state university board
is appropriated to the state university
board and shall be allocated by the
board to Southwest State University for
the continued operation of the science
and technology resource center.
Subd. 3. Instructional Expenditures
It is estimated that the amount for
instructional expenditures will be
$163,822,300 for the first year and
$169,475,100 for the second year.
The state university board shall
continue to ensure that classroom
teaching assistants for whom English is
a second language are proficient in
speaking, reading, and writing
English. The board shall report the
actions it is taking on this matter to
the legislature by January 15, 1986.
Subd. 4. Noninstructional Expenditures
It is estimated that the amount for
noninstructional expenditures will be
$9,017,400 for the first year and
$9,296,000 for the second year.
$500,000 in 1986 and $500,000 in 1987
is for the library automation
cooperative project with the community
college system.
Subd. 5. State University Construction
During the biennium, notwithstanding
any law to the contrary, the state
university board shall supervise and
control the preparation of plans and
specifications for the construction,
alteration, enlargement and the repair
and betterment of state university
buildings and structures. The state
university board shall advertise for
bids and award contracts in connection
with the improvements, supervise and
inspect the work, approve necessary
changes in the plans and
specifications, approve estimates for
payment, and accept the improvements
when completed according to the plans
and specifications.
Sec. 7. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 345,943,700 362,621,700
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 284,576,900 298,473,700
(a) Sources
These appropriations are made from:
(1) 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 $3,800,000 for
the first year.
(2) the general fund. It is estimated
that the amount required from the
general fund will be at least
$280,776,900 for the first year and
$298,473,700 for the second year.
On December 1, 1986, and December 1,
1987, the president of the University
of Minnesota shall furnish the senate
finance and house appropriations
committees and the commissioner of
finance the following information:
the total amount of receipts during
fiscal year 1986 from all sources in
excess of $116,616,300 and during the
fiscal year 1987 from all sources in
excess of $118,619,400;
the sources of these receipts; and
the purposes for which any excess
receipts were spent and accounts to
which transferred.
In preparing the university's
legislative budget request for the
1987-1989 biennium, all projected
income from student tuition shall be
based on a charge per credit hour
schedule.
(b) Instructional Expenditures
It is estimated that the amount for
instructional expenditures will be
$310,703,400 for the first year and
$319,483,800 for the second year.
This appropriation includes money for
implementation of the final phase of
the Duluth engineering program.
$4,000,000 in 1986 and $4,000,000 in
1987 is for the university's commitment
to focus its efforts on academic
excellence. During the biennium, it is
the intention of the legislature that
the university embark on a course of
academic excellence in cooperation with
the other post-secondary education
systems.
$960,000 the first year is the final
payment for the deficit in state
contributions for the faculty
retirement plan.
This appropriation includes $3,072,700
in the first year for the final payment
of the fuel and utilities deficiency.
The legislature intends that future
costs shall be financed out of
University of Minnesota appropriations.
The university is requested to continue
to ensure that classroom teaching
assistants for whom English is a second
language are proficient in speaking,
reading, and writing English. The
university is requested to report the
actions it is taking on this matter to
the legislature by January 15, 1986.
(c) Noninstructional Expenditures
It is estimated that the amount for
noninstructional expenditures will be
$90,489,800 for the first year and
$97,609,300 for the second year.
$2,500,000 in 1987 is for the graduate
fellowship program. By January 15,
1987, the University of Minnesota shall
report on the distribution of graduate
fellowships and their use in furthering
the University of Minnesota's efforts
to focus its mission and improve its
programs, particularly in the liberal
arts.
Subd. 3. Special Appropriations 61,366,800 64,148,000
(a) Agricultural Extension Service
$11,656,300 $12,114,500
This appropriation includes money for
agriculture extension work, county
agricultural agents, home demonstration
and 4-H club work, soil conservation,
and consultation with extension
district farmers and business operators
on the business and marketing aspects
of family farm operations and rural
retail establishment operations. Any
salary increases granted by the
university to personnel paid from this
appropriation must not result in a
reduction of the county portion of the
salary payments.
During the biennium, the board of
regents is directed to review the
functions and responsibilities of
county extension agents and report to
the legislature on their future role
and mission.
(b) Agricultural Research
$11,934,900 $12,798,300
This appropriation includes money for
research on aquatic plants (including
wild rice), soybeans, avian disease,
swine disease, corn improvement,
irrigation, growing and processing
grapes, plant molecular biology, and
animal health (including a study of
pseudorabies).
$100,000 in 1986 is for the operation
of the FIRE center. The regents of the
University of Minnesota and the board
of vocational technical education are
requested to report by January 1, 1986,
on the statutory, property, fiscal, and
other related changes necessary to
transfer the FIRE center from the
management of the university to the
management of the vocational technical
board.
During the biennium, the university
shall maintain an advisory council
system for each experiment station.
The advisory councils must be broadly
representative of range of size and
income distributions for farms and
agribusiness and must not
disproportionately represent those from
the upper half of the size and income
distributions.
(c) Veterinary Diagnostic Laboratory
$ 1,222,800 $ 1,271,700
(d) Coleman Leukemia Research Center
$ 226,300 $ 235,300
(e) Indigent Patients (County Papers)
$ 1,700,000 $ 1,700,000
(f) Rural Physicians Associates Program
$ 528,500 $ 549,600
(g) Medical Research
$ 2,155,800 $ 2,242,200
(h) Special Hospitals, Service and
Educational Offset
$13,326,900 $13,859,900
This appropriation includes $7,996,100
the first year and $8,316,000 the
second year that is counted as
instructional cost.
During the biennium, fees for service
furnished to counties and individuals
under this program must be sought to
augment the money appropriated; the
fees are appropriated to the university
hospitals, to be available until June
30, 1987.
(i) China Center
$ 77,200 $ 80,300
(j) Fellowships for Minority and
Disadvantaged Students
$ 51,500 $ 53,600
(k) General Research
$ 1,959,500 $ 2,037,900
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.
(l) Intercollegiate Athletics
$2,824,000 $2,896,900
This appropriation includes money to
improve the programs and resources
available to women and to ensure that
campuses are in compliance with Title
IX of the Educational Amendment Act of
1972 and Minnesota Statutes, section
126.21.
Of this appropriation, no less than the
following amounts shall be allocated to
each campus:
Duluth 492,600 504,500
Morris 59,100 60,500
Crookston 40,000 41,100
Waseca 39,500 40,900
(m) Student Loans Matching Money
$95,600 $99,400
(n) Talented Youth Mathematics
Program
$157,800 $247,800
Of this appropriation, $40,000 is to
match grant funds for teacher education.
This appropriation includes money to
continue the outreach sites program to
ensure an opportunity for the
participation of youth outside the
metropolitan area.
(o) Geological Survey
$895,300 $923,100
(p) Mineral Resources Research
Center
$719,000 $738,700
(q) Natural Resources Research Institute
$2,315,300 $2,408,000
Up to $80,000 of this appropriation may
be spent for wild rice marketing
research.
(r) Plant Biomass Energy Research
$136,100 $141,500
(s) Sea Grant College Program
$275,200 $305,200
The university is requested to study
the relocation of the Sea Grant program
to the Duluth campus and report to the
house appropriations and senate finance
committees by January 1, 1986.
(t) Underground Space Center
$206,000 $214,200
(u) Biotechnology Center
$532,600 $599,900
(v) Hormel Institute
$367,300 $374,000
Up to $200,000 per year of this
appropriation shall cancel to the
general fund by the amount of federal
money granted by the national heart,
lung, and blood institute. State money
shall be matched by local money equal
to at least half the state money.
(w) Industrial Relations Education
$638,600 $664,100
(x) Institute for Human Genetics
$300,000 $485,000
(y) Lake Superior Basin Studies
$137,800 $143,300
It is the intention of the legislature
that this shall be a final and
nonrecurring appropriation.
(z) Microelectronics and
Information Science Center
$617,500 $642,200
(aa) Productivity Center
$309,000 $321,400
(bb) Supercomputer Institute
$6,000,000 $6,000,000
This appropriation includes money for
the leasing of two supercomputer
architectures.
The appropriations in section 7 for
operations and maintenance funding for
the agricultural experimental stations
shall be merged with the appropriate
special appropriations in fiscal years
1986 and 1987.
Sec. 8. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 1,052,000 966,400
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School
$883,700 $783,000
The state of Minnesota shall pay a
capitation of $8,580 in fiscal year
1986 and $9,000 in fiscal year 1987 for
each student who is a resident of
Minnesota.
Capitation money must 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, and a maximum of 40
students in each class for students who
entered Mayo Medical School before the
1984-1985 academic year.
The legislature intends that during the
biennium the Mayo foundation use the
capitation money to increase the number
of doctors practicing in rural areas in
need of doctors as identified by the
higher education coordinating board.
Subd. 3. Family Practice and
Graduate Residency Program
$168,300 $183,400
The state of Minnesota shall pay a
capitation of $14,025 in fiscal year
1986 and $14,730 in fiscal year 1987
for a maximum of 12 students each year.
Sec. 9. Minnesota Statutes 1984, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. The governor shall set the salary rate
within the ranges listed below for positions specified in this
subdivision, upon approval of the legislative commission on
employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1983
Commissioner of education; $57,500-$70,000
Commissioner of finance;
Commissioner of transportation;
Commissioner of human services;
Chancellor, community college system;
Chancellor, state university system;
Director, vocational technical
education
Executive director, state board of
investment;
Commissioner of administration; $50,000-$60,000
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of economic security;
Commissioner of employee relations;
Commissioner of energy and economic
development;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of revenue;
Commissioner of public safety;
Chairperson, waste management board
Chief administrative law judge; office of
administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, higher education
coordinating board;
Executive director, housing finance
agency;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Commissioner of human rights; $40,000-$52,500
Director, department of public service;
Commissioner of veterans' affairs;
Director, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Director, zoological gardens.
Sec. 10. Minnesota Statutes 1984, section 15A.081, is
amended by adding a subdivision to read:
Subd. 7b. The state university board, the state board for
community colleges, the state board of vocational technical
education, and the higher education coordinating board shall set
the salary rates for, respectively, the chancellor of the state
universities, the chancellor of the community colleges, the
state director of vocational technical education, and the
executive director of the higher education coordinating board.
At least 30 days before the respective board adopts a salary
increase according to this subdivision, the board shall submit
the proposed salary increase to the legislative commission on
employee relations for its review. Salary rates for the
positions specified in this subdivision may not exceed 95
percent of the salary set for the governor under section
15A.081, subdivision 6.
Sec. 11. Minnesota Statutes 1984, section 121.02, is
amended by adding a subdivision to read:
Subd. 4. [BOARD STAFF.] The state board may appoint a
staff assistant who shall serve in the unclassified service.
Sec. 12. Minnesota Statutes 1984, section 124.48, is
amended by adding a subdivision to read:
Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota
Indian scholarship committee is established. Members shall be
appointed by the state board with the assistance of the Indian
affairs council as provided in section 3.922, subdivision 6.
Members shall be reimbursed for expenses as provided in section
15.059, subdivision 6. The state board shall determine the
membership terms and duration of the committee. The committee
shall provide advice to the state board in awarding scholarships
to eligible American Indian students and in administering the
state board's duties regarding awarding of American Indian
post-secondary preparation grants to school districts.
Sec. 13. [124.481] [INDIAN POST-SECONDARY PREPARATION
GRANTS.]
The state board of education, with the advice of the
Minnesota Indian scholarship committee, may make grants to
school districts to support post-secondary preparation for
secondary pupils who are of one-fourth or more Indian ancestry
and who, in the opinion of the superintendent, have the
capabilities to benefit from higher education. Distribution of
the grants must be in accordance with a plan prepared by the
state board, with the advice of the Minnesota Indian scholarship
committee, that describes the objectives and methods of
implementing the grant program, including the manner in which
grants will be distributed in proportion to the geographical
distribution of the Indian population of the state.
Sec. 14. Minnesota Statutes 1984, section 135A.01, is
amended to read:
135A.01 [FUNDING POLICY.]
It is the policy of the legislature that direct state
appropriations, exclusive of tuition, for the instructional
services at public post-secondary institutions reflect a portion
of the estimated cost of providing the instructional services.
Sec. 15. Minnesota Statutes 1984, section 135A.03, is
amended to read:
135A.03 [APPROPRIATIONS FOR INSTRUCTIONAL SERVICES.]
Subdivision 1. [DETERMINATION OF APPROPRIATION.] The
direct appropriation to each board for instructional services
shall equal 67 percent of the estimated total cost of
instruction minus the estimated tuition revenue. For the
1985-1987 biennium the estimated tuition revenue should be
approximately 33 percent of instructional cost for the
University of Minnesota, the state university system, and the
community college system, and 25 percent and, for the area
vocational-technical vocational technical institutes, 75 percent
of the estimated total cost of instruction.
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 for the
purpose of calculating appropriations for the second year of the
biennium may be estimated on the basis of the latest enrollment
data available. Student enrollment shall include students
enrolled in courses that award credit or otherwise satisfy any
of the requirements of an academic or vocational program.
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 facilities, administration, and support.
The average cost of instruction shall include only those costs
attributable to academic or vocational programs.
(b) Every biennium each board shall submit the average cost
of instruction for each instructional category as necessary to
determine appropriations as part of their biennial budget
request.
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.
Subd. 6. [DETERMINATION OF TUITION.] Notwithstanding
anything in this chapter to the contrary, the board of regents
of the University of Minnesota, state university board, state
board for community colleges, and the state board of vocational
technical education shall not be required to establish tuition
at any specific percentage of instructional cost.
Sec. 16. Minnesota Statutes 1984, section 135A.04, is
amended to read:
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. Tuition may
be set at any percentage of instructional cost established by
the respective boards.
Sec. 17. Minnesota Statutes 1984, section 135A.05, is
amended to read:
135A.05 [TASK FORCE.]
The commissioner of finance executive director of the
Minnesota higher education coordinating board shall establish
administer 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 the education subcommittee
of the senate finance committee, the office of the commissioner
of finance, 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 executive director or his a designee and staffed by
the department of finance higher education coordinating board.
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 odd-numbered year.
Sec. 18. Minnesota Statutes 1984, section 135A.06, is
amended to read:
135A.06 [SYSTEM PLANS: UNIVERSITY OF MINNESOTA; STATE
UNIVERSITY BOARD; STATE BOARD FOR COMMUNITY COLLEGES; STATE
BOARD FOR VOCATIONAL EDUCATION AND MISSIONS.]
Subdivision 1. [SUBMISSION OF PLANS.] 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. It is the further intent that the system missions be
differentiated from one another to best serve the needs of the
citizens of Minnesota. In order to accomplish this goal these
goals, the University of Minnesota board of regents, the state
university board, the state board for community colleges, and
the state board for of vocational technical 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. The report shall also include
plans for and progress toward achieving mission differentiation
while maintaining the state's overall post-secondary objectives.
Subd. 2. [MISSION.] Each system shall review its mission
as it relates to instruction, research, and public service. The
systems in cooperation with the higher education coordinating
board shall jointly review their missions and develop strategies
to achieve clearer mission differentiation and an overall
intersystem plan that ensures achieving the state's overall
post-secondary objectives.
Subd. 3. [SYSTEM PLANS.] (a) Each system shall review
its develop a program plan for instruction, research, and public
service. Program plans shall include Each system shall consult
with the higher education coordinating board and with the other
systems throughout the planning process. The higher education
coordinating board shall coordinate intersystem efforts in the
development of the program plans to achieve intersystem
cooperation and differentiation.
Each planning report shall consider at least the following
elements:
(a) 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 A review its plan of plans 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, the relationship between fixed costs and
projected enrollment changes, and other methods including
consolidation of institutions, services, and programs with
institutions serving that serve the same geographic area which
are operated by under 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) (c) 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) (d) Estimated financial costs and savings of
alternative plans for adjusting facilities, staff, and programs
to declining enrollments and fiscal resources;.
(c) (e) Opportunities for providing services cooperatively
with other public and private institutions in the same
geographic area.
(f) Differentiating and coordinating missions to reduce or
eliminate duplication of services and offerings.
Subd. 4. [CAPITAL REQUESTS.] A capital budget request
submitted by a system must specifically relate a proposed
capital project to the plans required under this section.
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 December 1 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 and on the
progress the systems and the board are making toward an
integrated intersystem planning effort.
Sec. 19. [135A.08] [CREDIT TRANSFER.]
Subdivision 1. [COURSE EQUIVALENCY.] The regents of the
University of Minnesota, state university board, state board for
community colleges, and state board of vocational technical
education, in conjunction with the higher education coordinating
board, shall develop and maintain course equivalency guides for
use between institutions that have a high frequency of transfer.
Subject to the determination of the higher education
coordinating board made in consultation with the state board of
vocational technical education, course equivalency guides shall
not be required for vocational technical programs that have not
been divided into identifiable courses. The governing boards of
private institutions that grant associate and baccalaureate
degrees and that have a high frequency of transfer students are
requested to participate in developing these guides.
Subd. 2. [COMMON NUMBERING.] The regents of the University
of Minnesota, state university board, state board for community
colleges, and state board of vocational technical education, in
conjunction with the higher education coordinating board, shall
develop and maintain a common numbering convention to
distinguish remedial, lower division, upper division, and
graduate level coursework. The governing boards of private
institutions that grant associate and baccalaureate degrees are
requested to cooperate in the development of this numbering
convention.
Subd. 3. [GENERAL EDUCATION REQUIREMENTS.] The state board
for community colleges, in conjunction with the regents of the
University of Minnesota, state university board, boards of
private institutions that grant baccalaureate degrees, and the
higher education coordinating board, shall develop a system-wide
standard of distributed general education requirements for the
associate of arts degree. The boards shall ensure that the
associate of arts degree fulfills the entire general education
requirement for the baccalaureate degree if the intent of the
degree program is that the general education component be
completed in the first two years of study.
Sec. 20. Minnesota Statutes 1984, section 136.031, is
amended to read:
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 any unexpended balance up to a maximum of two percent of its
biennial appropriation into the following biennium. These
moneys shall The amounts carried over must not be taken into
account in determining state appropriations and must not be
deducted from a later appropriation.
Sec. 21. Minnesota Statutes 1984, section 136.24, is
amended to read:
136.24 [TECHNICAL EQUIPMENT.]
Subdivision 1. [PROPRIETARY PURCHASES.] Technical
educational equipment may be procured for the state universities
on request of the state university board either by brand
designation or in accordance with standards and specifications
the board may promulgate, notwithstanding the provisions of
chapter 16 to the contrary.
Subd. 2. [COMPUTER MARKETING AND SUPPORT.] The state
university board may sell computers and related products to its
staff and students to advance their instructional and research
abilities. The board shall contract with a private vendor for
service, maintenance, and support for computers and related
products sold by the board.
Sec. 22. [136.311] [STATE UNIVERSITY PARKING RULES.]
Notwithstanding section 169.966, the state university board
may authorize a state university to adopt and enforce rules
about parking on property owned or leased by the university.
The rules may enable a university to assess and collect a fine
and a towing fee for a violation of a rule. Money collected
under this section by a state university is annually
appropriated to the university for parking lot maintenance,
improvement, and rule enforcement. A state university, with the
approval of the state university board, shall establish
procedures to resolve a dispute arising from enforcement of a
rule. Chapter 14 does not apply to this section.
Sec. 23. [136.58] [STATE UNIVERSITY NONPROFIT FOUNDATION
PAYROLL DEDUCTIONS.]
Subdivision 1. [REQUEST; WARRANT.] The commissioner of
finance, upon the written request of an employee of a state
university or the state university board, may deduct from an
employee's salary or wages the amount requested for payment to a
nonprofit university foundation meeting the requirements in
subdivision 2. The commissioner shall issue a warrant for the
deducted amount to the nonprofit foundation.
Subd. 2. [FOUNDATION APPLICATION; APPROVAL.] A nonprofit
foundation that desires to receive contributions through payroll
deductions shall apply to the state university board for
approval to participate in the payroll deduction plan. The
board may approve the application for participation if the
foundation:
(1) is tax exempt under section 501(c)3 of the Internal
Revenue Code of 1954, as amended;
(2) qualifies for tax deductible contributions under
section 170 of the Internal Revenue Code of 1954, as amended;
(3) secures funding solely for distribution to that state
university; and
(4) has been incorporated according to chapter 317 for at
least one calendar year prior to the date it applies to the
state university board for approval.
Subd. 3. [SOLICITATION.] Efforts to secure payroll
deductions authorized in subdivision 1 must not interfere with,
require a modification of, nor be conducted during the period of
a payroll deduction fund drive for employees authorized by
section 309.501.
Sec. 24. Minnesota Statutes 1984, section 136.67,
subdivision 5, is amended 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 any
unexpended balance up to a maximum of two percent of its
biennial appropriation into the following biennium. These
moneys shall The amounts carried over must not be taken into
account in determining state appropriations and must not be
deducted from a later appropriation.
Sec. 25. [136.622] [COMPUTER SALES AND MAINTENANCE.]
The state board for community colleges may sell computers
and related products to its staff and students to advance their
instructional and research abilities. The board shall contract
with a private vendor for service, maintenance, and support for
computers and related products sold by the board.
Sec. 26. [136A.043] [INFORMATION TECHNOLOGY.]
The higher education coordinating board shall initiate
activities to coordinate state policy development regarding the
use of information technology in post-secondary education
instruction and administration. These activities shall include
at least the following: a survey, conducted in collaboration
with the post-secondary education systems, of existing
information technology use and needs of institutions and
regions; initiation of collaborative activities to share
information and resources; and provision of opportunities for
post-secondary education policymakers to review issues and needs
for policy development.
Sec. 27. Minnesota Statutes 1984, section 136A.09, is
amended to read:
136A.09 [STUDENT SCHOLARSHIPS, PURPOSE.]
The legislature has found finds and hereby declares that
the identification of the talented young men and women of the
state and the encouragement of their maximum educational
development is in the best interest of the state. The state
scholarship program provided for herein is designed to encourage
such able and worthy students to continue their education in the
eligible institutions of their own choosing and to provide
financial assistance for those who would not otherwise be not
able to do so.
Sec. 28. Minnesota Statutes 1984, section 136A.095, is
amended to read:
136A.095 [GRANTS-IN-AID; PURPOSE.]
The legislature has found finds and hereby declares that
the identification of young men and women of the state who are
economically disadvantaged and the encouragement of their
educational development in eligible institutions of their
choosing are in the best interests of the state and of the
students.
Sec. 29. Minnesota Statutes 1984, section 136A.101, is
amended to read:
136A.101 [DEFINITIONS.]
Subdivision 1. For purposes of sections 136A.09 to
136A.131, the terms defined in this section have the meanings
ascribed to them:.
Subd. 2. "Board" means the Minnesota higher education
coordinating board.
Subd. 3. "Director" means the executive director of the
Minnesota higher education coordinating board.
Subd. 4. "Eligible institution" means an a post-secondary
educational institution of higher education located in this
state or in a state with which the board has entered into a
higher education reciprocity agreement on state student aid
programs which provides an organized course of instruction of at
least two years duration in the sciences or liberal arts,
including performing and visual arts, or a combination of these,
at the collegiate level which that either (1) is operated by
this state, or (2) is operated publicly or privately and, as
determined by the board, maintains academic standards
substantially equivalent to those of comparable institutions
operated in this state or an area vocational-technical school or
other vocational school approved by the board.
Subd. 5. "Financial need" means the demonstrated need of
the applicant for financial assistance to meet the actual costs
of attending the eligible institution of his choice as
determined from financial information on the applicant and, if
required, on the applicant's parents, by a college scholarship
service or equivalent service under criteria established by the
board.
Subd. 6. "Qualified applicant" means those students a
person who ranked in the upper quarter of the class at the end
of the junior year in high school according to academic
standards prescribed by the board for purposes of the state
scholarship program and. It also means all any eligible
students person regardless of academic rank for purposes of the
state grant-in-aid program.
Subd. 7. "Student" means a student person who meets the
requirements for full time student status as defined by the
eligible institution he attends is enrolled at least half time,
as defined by the board, in a program or course of study that
applies to a degree, diploma, or certificate.
Subd. 8. "Resident student" includes a student who
graduated from a Minnesota high school and has not since
established residence in another state.
Sec. 30. Minnesota Statutes 1984, section 136A.121,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY FOR SCHOLARSHIPS.] An
applicant shall be is eligible to be considered for a
scholarship under the provisions of sections 136A.09 to 136A.131
if the board finds that the 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.
Sec. 31. Minnesota Statutes 1984, section 136A.121,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR GRANTS-IN-AID.] An applicant
shall be is eligible to 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 the 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;
(3) has met such the financial need criteria pertaining to
financial need as the board shall make by regulation established
in rules.
Sec. 32. Minnesota Statutes 1984, section 136A.121,
subdivision 3, is amended to read:
Subd. 3. [ALLOCATION.] 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.
Sec. 33. Minnesota Statutes 1984, section 136A.121,
subdivision 4, is amended to read:
Subd. 4. [SCHOLARSHIP STIPENDS.] An eligible scholarship
applicant shall be considered for a financial stipend if the
applicant demonstrates financial need. An eligible scholarship
applicant who does not demonstrate financial need under criteria
prescribed by the board shall be awarded an honorary
scholarship. The amount of a financial stipend shall must 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 is $100.
Sec. 34. Minnesota Statutes 1984, section 136A.121,
subdivision 5, is amended to read:
Subd. 5. [GRANTS-IN-AID STIPENDS.] A financial stipend
based on financial need shall must accompany grants-in-aid. The
amount of a financial stipend shall must 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 is $100.
Sec. 35. Minnesota Statutes 1984, section 136A.121,
subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] The cost of attendance
shall consist consists 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.
Sec. 36. Minnesota Statutes 1984, section 136A.121,
subdivision 7, is amended to read:
Subd. 7. [INSUFFICIENT APPROPRIATION.] If the amount
appropriated is determined by the board to be insufficient to
make full awards to applicants pursuant to subdivision under
subdivisions 4 and 5, before any award for that year has been
disbursed, 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.
Sec. 37. Minnesota Statutes 1984, section 136A.121,
subdivision 9, is amended to read:
Subd. 9. [INITIAL AWARDS.] Only first year students shall
be eligible to apply for and receive initial scholarship
awards. Any An undergraduate student who has not previously
received a scholarship or grant-in-aid and who meets the board's
requirements shall be is eligible to apply for and receive an
initial scholarship or grant-in-aid in any year of undergraduate
study.
Sec. 38. Minnesota Statutes 1984, section 136A.121,
subdivision 10, is amended to read:
Subd. 10. [RENEWALS.] Each scholarship or grant-in-aid
shall be awarded for one academic year but shall be, is
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.
Sec. 39. Minnesota Statutes 1984, section 136A.121,
subdivision 11, is amended to read:
Subd. 11. [RENEWAL CONDITIONS.] Each scholarship or
grant-in-aid shall be is renewable, contingent on continued
residency in Minnesota, satisfactory academic standing and,
recommendation of the college or vocational school eligible
institution currently attended, and, in the case of financial
assistance, evidence of continued need.
Sec. 40. Minnesota Statutes 1984, section 136A.121,
subdivision 12, is amended to read:
Subd. 12. [ANNUAL APPLICATION.] To continue to receive a
scholarship or grant-in-aid, the student must shall apply for
renewal of his scholarship or grant-in-aid each year.
Sec. 41. Minnesota Statutes 1984, section 136A.121,
subdivision 13, is amended to read:
Subd. 13. [DEADLINE.] The board must shall accept
applications for state scholarships and grants-in-aid until
February 15 and may establish a deadline for the acceptance of
applications which that is later than February 15.
Sec. 42. Minnesota Statutes 1984, section 136A.121,
subdivision 16, is amended to read:
Subd. 16. [HOW APPLIED; ORDER.] 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 the awards shall revert to the board
scholarship or grant-in-aid account.
Sec. 43. Minnesota Statutes 1984, section 136A.132,
subdivision 3, is amended to read:
Subd. 3. Any student attending an eligible institution
less than full-time and pursuing a program or course of study
leading to a degree, diploma or certificate shall be eligible
for a part-time student grant-in-aid An applicant is eligible to
be considered for a part-time student grant if the applicant:
(a) is a resident of the state of Minnesota;
(b) is an undergraduate student who has not earned a
baccalaureate degree, except that a post-baccalaureate student
enrolled in an undergraduate or graduate program who had been
enrolled in the same program and had received a part-time grant
during the 1984-1985 school year shall be eligible to be
considered for a part-time student grant in the 1985-1986 school
year;
(c) is pursuing a program or course of study that applies
to a degree, diploma, or certificate; and
(d) is attending an eligible institution (1) in the
1985-1986 academic year less than full time as defined by the
board, or (2) after July 1, 1986, either less than half time as
defined by the board, or as a new or returning student enrolled
at least half time but less than full time as defined by the
board.
Sec. 44. Minnesota Statutes 1984, section 136A.132,
subdivision 4, is amended to read:
Subd. 4. A recipient of a part-time grant-in-aid shall be
selected by the post-secondary education institution of
attendance in accordance with guidelines, criteria, policies and
procedures rules established by the higher education
coordinating board.
Sec. 45. Minnesota Statutes 1984, section 136A.132,
subdivision 5, is amended to read:
Subd. 5. The amount of any part-time student grant-in-aid
award shall be based on the need of the applicant determined by
the institution in accordance with policies and rules
established by the higher education coordinating board but the
amount of an award shall not exceed the cost of tuition and
required fees paid or to be paid by the student or the cost of
tuition and fees for a comparable program at the university of
Minnesota, whichever is the lesser.
Sec. 46. Minnesota Statutes 1984, section 136A.132,
subdivision 6, is amended to read:
Subd. 6. Part-time student grants-in-aid shall be awarded
for a single term as defined by the institution in accordance
with guidelines and policies of the higher education
coordinating board. Awards shall not be renewable but the
recipient of an award may apply for additional awards for
subsequent terms as follows:
(a) In the 1985-1986 academic year a recipient of an award
who is enrolled less than full time as defined by the board may
apply for additional awards.
(b) After July 1, 1986, a recipient of an award who is
enrolled less than half time as defined by the board may apply
for additional awards.
A new or returning student enrolled at least half time but
less than full time, as defined by the board, and pursuing a
program or course of study that applies to a degree, diploma, or
certificate shall be eligible for an award for only one term.
Sec. 47. Minnesota Statutes 1984, section 136A.15,
subdivision 7, is amended to read:
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. A Minnesota resident
includes a student who graduated from a Minnesota high school
and has not since established residence in another state.
Eligible student, except for purposes of section 136A.1701,
includes parents of an eligible student as the term "parent" is
defined in the Higher Education Act of 1965, as amended, and the
applicable regulations promulgated thereunder. Except for the
purposes of section 136A.1701, 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
applicable regulations promulgated thereunder. An eligible
student, for section 136A.1701, means a student who gives
informed consent authorizing the disclosure of data specified in
section 136A.162, paragraph (b), to a consumer credit reporting
agency.
Sec. 48. Minnesota Statutes 1984, section 136A.162, is
amended to read:
136A.162 [CLASSIFICATION OF DATA.]
All data on applicants for financial assistance collected
and used by the higher education coordinating board for the
purposes of student financial aid programs administered by that
board shall be classified as private data on individuals
pursuant to under section 13.02, subdivision 12. Exceptions to
this classification are that:
(a) the names and addresses of program recipients or
participants are public data; and
(b) the following data collected in the Minnesota
supplemental loan program under section 136A.1701 may be
disclosed to a consumer credit reporting agency only if the
borrower gives informed consent, according to section 13.05,
subdivision 4, at the time of application for a loan:
(1) the lender-assigned borrower identification number;
(2) the name and address of borrower;
(3) the name and address of cosigner;
(4) the date the account is opened;
(5) the outstanding account balance;
(6) the dollar amount past due;
(7) the number of payments past due;
(8) the number of late payments in previous 12 months;
(9) the type of account;
(10) the responsibility for the account; and
(11) the status or remarks code.
Sec. 49. Minnesota Statutes 1984, section 136A.233,
subdivision 2, is amended to read:
Subd. 2. For purposes of sections 136A.231 to 136A.235,
the following words have the meanings ascribed to them:
(a) "Eligible student" means a Minnesota resident enrolled
or intending to enroll full time in a Minnesota post-secondary
institution. A Minnesota resident includes a student who
graduated from a Minnesota high school and has not since
established residence in another state.
(b) "Financial need" means the need for financial
assistance in order to attend a post-secondary institution as
determined by a post-secondary institution according to
guidelines established by the higher education coordinating
board.
(c) "Eligible employer" means any eligible post-secondary
institution and any nonprofit, nonsectarian agency or state
institution located in the state of Minnesota, including state
hospitals, and also includes a handicapped person or a person
over 65 who employs a student to provide personal services in or
about the residence of the handicapped person or the person over
65.
(d) "Eligible post-secondary institution" means any
post-secondary institution eligible for participation in the
Minnesota state scholarship and grant program as specified in
section 136A.101, subdivision 4.
Sec. 50. Minnesota Statutes 1984, section 136C.04,
subdivision 4a, is amended to read:
Subd. 4a. [CARRY OVER AUTHORITY.] The state 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 state board may carry over an any unexpended
balance up to a maximum of two percent of its biennial
appropriation into the following biennium. These moneys shall
The amounts carried over must not be taken into account in
determining state appropriations and must not be deducted from a
later appropriation.
Sec. 51. Minnesota Statutes 1984, section 136C.04,
subdivision 15, is amended to read:
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.
Sec. 52. Minnesota Statutes 1984, section 136C.04, is
amended by adding a subdivision to read:
Subd. 18. [COMPUTER SALES AND MAINTENANCE.] The state
board of vocational technical education may sell computers and
related products to its staff and students to advance their
instructional and research abilities. The board shall contract
with a private vendor for service, maintenance, and support for
computers and related products sold by the board.
Sec. 53. Minnesota Statutes 1984, section 136C.07, is
amended by adding a subdivision to read:
Subd. 5a. [REVIEW OF CAPITAL IMPROVEMENTS.] A school
board, as defined in section 136C.02, subdivision 8, must not
award final contracts for capital improvements until the state
director has reviewed the final plans, specifications, and cost
estimates and made recommendations on them.
Sec. 54. Minnesota Statutes 1984, section 136C.08,
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 repair and betterment fund of the
school district or joint school district.
Sec. 55. Minnesota Statutes 1984, section 136C.13,
subdivision 3, is amended to read:
Subd. 3. [VETERAN'S EXEMPTION.] A veteran enrolled in a
tuition free AVTI program before July 1, 1985, who is a
Minnesota resident whose entire education has not included
completion of at least one tuition free post-secondary
vocational technical school program is exempt from tuition until
the veteran has completed the lesser of (a) 440 post-secondary
vocational technical school days, or the equivalent as
determined by the state board, or (b) one post-secondary
vocational technical school program.
"Veteran" for the purpose of this subdivision means a
person who served in the active military service in any branch
of the armed forces of the United States after July 1, 1961 and
before July 1, 1978, was a Minnesota resident at the time of
induction into the armed forces and for the six months
immediately preceding induction, and has been separated or
discharged from active military service under conditions other
than dishonorable.
Sec. 56. Minnesota Statutes 1984, section 136C.13, is
amended by adding a subdivision to read:
Subd. 4. [VIETNAM VETERAN'S EXEMPTION.] A Vietnam veteran
who enrolls in a tuition free AVTI program before July 1, 1990,
and who is a Minnesota resident whose entire education has not
included completion of at least one tuition free post-secondary
vocational technical school program is exempt from tuition until
the veteran has completed the lesser of (a) 440 post-secondary
vocational technical school days, or the equivalent as
determined by the state board, or (b) one post-secondary
vocational technical school program.
"Vietnam veteran" for the purpose of this subdivision means
a person who served in the active military service in any branch
of the armed forces of the United States after July 1, 1961, and
before July 1, 1978, and who became eligible for the Vietnam
Expeditionary Medal or the Vietnam Service Medal as a result of
the service, was a Minnesota resident at the time of induction
into the armed forces and for the six months immediately
preceding induction, and has been separated or discharged from
active military service under conditions other than dishonorable.
Sec. 57. Minnesota Statutes 1984, section 136C.26,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] For the 1983-1984 and
1984-1985 school years, For the purposes of sections 136C.26 to
136C.37, and 136C.41, the following terms have the meanings
given them.
Sec. 58. Minnesota Statutes 1984, section 136C.26,
subdivision 4, is amended to read:
Subd. 4. [COMPONENT ACTIVITIES.] "Component activities"
means regular instruction, special needs instruction, part-time
instruction, research, instructional administration,
media/library, pupil student personnel services, health
services, director's office, instructional services, fixed
costs, work study/financial study, financial aid, physical
plant, and repair and betterment.
Sec. 59. Minnesota Statutes 1984, section 136C.26,
subdivision 5, is amended to read:
Subd. 5. [INSTRUCTIONAL AID.] "Instructional aid" means
state money, exclusive of repair and betterment aid and debt
service aid, allocated by the state board of vocational
technical education to districts for post-secondary and
part-time vocational technical education instructional costs.
Sec. 60. Minnesota Statutes 1984, section 136C.28,
subdivision 2, is amended to read:
Subd. 2. [RECOMMENDED ALLOCATIONS.] After reviewing each
budget, the state director of vocational technical education
shall recommend aid allocations to the state board for the
following fiscal year in each expenditure category for each
program and component activity.
The state director shall recommend instructional aid
allocations sufficient to maintain or improve special needs
instruction.
Notwithstanding any laws or rules to the contrary, the
recommendations for allocations of instructional aid, to the
extent possible, shall be based on average systemwide ADM to
teacher ratios of 12 to 1 for health programs and 17 to 1 for
nonhealth programs.
The annual student placement rate of each program shall be
taken into consideration by the department in recommending
instructional aid allocations.
Each AVTI's tuition revenues revenue in the fiscal year for
which aid is allocated shall be taken into consideration by the
department state director in recommending instructional aid
allocations.
Each AVTI's unappropriated capital balance of the equipment
account in the capital expenditure fund, as of June 30 of the
fiscal year during which allocations are made, shall be taken
into consideration by the state director in recommending
instructional aid allocations for the purposes listed in section
136C.29, subdivision 3, clauses (a), (b), (c), and (d). In
recommending instructional aid allocations for all other
purposes, the department state director shall take into
consideration each AVTI's net positive unappropriated general
fund balance, as of June 30 of the fiscal year during which
allocations are made, which exceeds ten percent of the AVTI's
operating expenditures, as defined by UFARS, for the fiscal year
during which allocations are made.
Each AVTI's actual expenditures which exceed the amounts
originally budgeted for expenditure during the fourth quarter of
the fiscal year in which aids are allocated shall be taken into
consideration by the state director in recommending
instructional aid allocations.
Allocations of repair and betterment aid shall be
recommended for each project proposed by an AVTI. In
recommending repair and betterment aid allocations, the state
director shall take into consideration each AVTI's net positive
unappropriated capital balance of the repair and betterment
account of the capital expenditure fund, as of June 30 of the
fiscal year during which allocations are made. The
recommendations must follow procedures for aid allocations set
by the state board.
Sec. 61. Minnesota Statutes 1984, section 136C.29,
subdivision 5, is amended to read:
Subd. 5. [REPAIR AND BETTERMENT AID.] The final allocation
of repair and betterment aid by the state board does not
constitute approval of a project for the purposes of section
136C.07, subdivision 4a 5. The aid shall be placed in the
repair and betterment fund and used solely for the
purposes enumerated in section 136C.26, subdivision 8 of
reconstructing, improving, remodeling, and repairing existing
AVTI buildings and grounds. The school board shall authorize
and approve actual expenditures of the aid allocated, except
that expenditures which exceed $5,000 shall receive prior
approval by the state director. The process in section 136C.28
shall not constitute approval for this purpose. Use of the aid
shall be governed by the provisions of section 136C.07,
subdivision 4a 5.
Sec. 62. Minnesota Statutes 1984, section 136C.33,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] Membership for pupils
students in AVTI's shall mean the number of pupils students on
the current roll of the school, counted from the date of entry
until the date of withdrawal, according to policies adopted by
the state board.
Sec. 63. Minnesota Statutes 1984, section 136C.34, is
amended to read:
136C.34 [ABSENCE FOR CHEMICAL ABUSE TREATMENT.]
If a pupil student is absent from an AVTI to participate in
a chemical abuse treatment program licensed by the state, the
pupil student may request the AVTI to remain on the roll in the
educational program in which the pupil student is enrolled,
according to policies adopted by the state board. The AVTI
shall grant a request it receives from the pupil student.
Sec. 64. Minnesota Statutes 1984, section 136C.36, is
amended to read:
136C.36 [PAYMENT OF AVTI INSTRUCTIONAL AID.]
Beginning for the 1983-1984 school year, 85 Eighty-five
percent of the estimated post-secondary vocational instructional
aid entitlement for each district shall be paid during the
fiscal year of entitlement in 24 11 uniform monthly payments on
the first business day prior to the 15th of each month and on
the first business day prior to the last day of each month from
July to May.
The amount of entitlement, adjusted for actual data on
tuition and fund balances, minus the payments made during the
fiscal year of entitlement, shall be the final adjustment paid
to each district in two payments on September 15 and September
30 on the first business day of July in the fiscal year
following entitlement.
Sec. 65. Minnesota Statutes 1984, section 137.022, is
amended to read.
137.022 [PERMANENT UNIVERSITY FUND, INVESTMENT.]
Subdivision 1. [INVESTMENT.] The investment management of
the permanent university fund shall be under the jurisdiction of
the board of regents of the University of Minnesota, subject to
any limitations imposed by the Constitution of the state of
Minnesota, Article XI, Section 9. All securities and cash held
in the state treasury credited to the permanent university fund
heretofore that are unappropriated or unencumbered are hereby
transferred and appropriated to the board of regents of the
University of Minnesota solely for the purpose of investment by
them, with the restriction that all such investment transactions
be handled through the supervision of investment counselors,
bank trust departments, or insurance companies which are
organized, licensed, or have registered offices within the state
of Minnesota or have agreed in writing to conduct such
securities transactions and investment counseling under
Minnesota law and the rules and regulations established by the
department of commerce. Such These investments shall be
restricted to those authorized as eligible for use in the
Minnesota post-retirement investment fund, section 11A.18, with
the exception that corporate debt securities may be used to the
extent of 80 percent of the portfolio.
Subd. 2. [INCOME.] The income from the permanent
university fund shall be subject to appropriations is
appropriated annually to the board of regents by the legislature
from time to time. This appropriation of income must not be
used to reduce other appropriations made to the board of regents.
The determination of such this income shall be based on the
procedures detailed in sections 11A.16, subdivision 5, or
11A.12, subdivision 2.
Subd. 3. [ENDOWED CHAIRS.] The income from the permanent
university fund must be used to help endow professorial chairs
in academic disciplines. This income must not provide more than
half the sum of the endowments for all chairs endowed, with
nonstate sources providing the remainder. The income may
provide more than half the endowment of an individual chair.
Any portion of the annual appropriation that is not used for
this purpose lapses and must be added to the principal of the
permanent university fund.
Sec. 66. Minnesota Statutes 1984, section 141.23, is
amended to read:
141.23 [RULES AND REGULATIONS.]
The state board of education may adopt rules and
regulations according to chapter 14 to carry out the provisions
of sections 141.21 to 141.36 pursuant to chapter 14 this chapter.
Sec. 67. Minnesota Statutes 1984, section 141.25,
subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] (a) Applications for
initial license under sections 141.21 to 141.36 shall be
accompanied by $200 $440 as a nonrefundable application fee.
(b) All licenses shall expire on December 31 of each year.
Each renewal application shall be accompanied by a nonrefundable
renewal fee of $150 $330.
(c) Application for renewal of license shall be made on or
before October 1 of each calendar year. Each renewal form shall
be supplied by the commissioner. It shall not be necessary for
an applicant to supply all information required in the initial
application at the time of renewal unless requested by the
commissioner.
Sec. 68. Minnesota Statutes 1984, section 141.25,
subdivision 9, is amended to read:
Subd. 9. [CATALOG OR BROCHURE.] (A) No Before a license
shall be is issued to a school, other than one which offers
exclusively a correspondence course of instruction, until such
the school has furnished shall furnish to the commissioner a
catalog or brochure containing the following:
(a) (1) Identifying data, such as volume number and date of
publication;
(b) (2) Name and address of the school and its governing
body and officials;
(c) (3) A calendar of the school showing legal holidays,
beginning and ending dates of each course quarter, term, or
semester, and other important dates;
(d) (4) School policy and regulations on enrollment with
respect to enrollment including dates and specific entrance
requirements for each course;
(e) (5) School policy and regulations relative to about
leave, absences, class cuts, make-up work, tardiness, and
interruptions for unsatisfactory attendance;
(f) (6) School policy and regulations relative to about
standards of progress required of for the student by the school
which policy must define including the grading system of the
school, the minimum grades considered satisfactory, conditions
for interruption for unsatisfactory grades or progress and, a
description of the any probationary period, if any, allowed by
the school, and conditions of re-entrance for those dismissed
for unsatisfactory progress;
(g) (7) School policy and regulations relative to about
student conduct and conditions for dismissal for unsatisfactory
conduct;
(h) (8) Detailed schedule of fees, charges for tuition,
books, supplies, tools, student activities, laboratory fees,
service charges, rentals, deposits, and all other charges;
(i) (9) Policy and regulations of the school relative to
the refund of the unused portion of, including an explanation of
section 141.271, about refunding tuition, fees, and other
charges in the event if the student does not enter the
course or, withdraws, or is discontinued therefrom, which policy
shall include an explanation of all provisions of section
141.271;
(j) (10) A description of the available facilities and
equipment;
(k) (11) A course outline for each course offered showing
course objectives, subjects or units in the course, type of work
or skill to be learned, and approximate time or clock hours to
be spent on each subject or unit; and
(l) (12) Policy and regulations of the school relative to
about granting credit for previous education and training.
(B) Subd. 9a. [CORRESPONDENCE CATALOG.] No Before a
license shall be is issued to a school which offers exclusively
offering a correspondence course of instruction, until such the
school has furnished shall furnish to the commissioner a catalog
or brochure containing the following:
(a) Identifying data such as volume number and date of
publication;
(b) Name and address of the school, its governing body and
officials;
(c) School policy and regulations on enrollment with
respect to enrollment dates and specific entrance requirements
for each course;
(d) (1) School policy and regulations relative to about
standards of progress required of for the student by the school
which policy must define including the grading system of the
school, the minimum grades considered satisfactory, conditions
for interruption for unsatisfactory grades or progress and, a
description of the any probationary period, if any, allowed by
the school, and conditions of re-enrollment for those students
terminated for unsatisfactory progress;
(e) Detailed schedule of fees, charges for tuition, books,
supplies, tools, student activities, laboratory fees, service
charges, rentals, deposits, and all other charges;
(f) Policy and regulations of the school relative to the
refund of the unused portion of tuition, fees and other charges
in the event the student does not enter the course or withdraws
or is discontinued therefrom, which policy shall include an
explanation of all provisions of section 141.271;
(g) A description of facilities and equipment used by the
school;
(h) (2) A course outline for each course offered showing
course objectives, subjects or units in each lesson of the
course, type of work or skill to be learned, and the total
number of lessons for each course of instruction; and
(i) Policy and regulations of the school relative to
granting credit for previous education and training.
(3) All items listed in subdivision 9, except items in
clauses (3) and (5).
(C) Subd. 9b. [DELIVERY OF CATALOG.] Each A school or
its agent thereof shall deliver the catalog or brochure required
in subdivision subdivisions 9 and 9a to each prospective student
in such time or manner as to provide the prospective student
ample opportunity to read said the catalog or brochure before
signing any contract or enrollment agreement or before being
accepted by a school which does not utilize a written contract
or enrollment agreement.
Sec. 69. Minnesota Statutes 1984, section 141.25,
subdivision 10, is amended to read:
Subd. 10. [PLACEMENT RECORDS.] (a) No Before a license
shall be is issued to a school which that offers, advertises or
implies a placement service until, the school files shall file
with the commissioner for the past year and thereafter
at reasonable intervals to be determined by the commissioner, a
certified copy of the school's placement record, containing a
list of graduates, a description of their job, name of their
employer, and such other information as the commissioner may
prescribe.
(b) Each school which that offers a placement service shall
furnish to each prospective student, prior to
enrollment, written information concerning the percentage of the
previous year's graduates who were placed in the occupation for
which trained.
Sec. 70. Minnesota Statutes 1984, section 141.25, is
amended by adding a subdivision to read:
Subd. 12. [PERMANENT RECORDS.] Before a license is issued
to a school, each school located in Minnesota shall maintain
permanent records for all students enrolled at any time. Each
school offering a correspondence course of instruction to a
student located in Minnesota shall maintain permanent records
for Minnesota students enrolled at any time. Records include
school transcripts, documents, and files containing student data
about academic credits earned, courses completed, grades
awarded, degrees awarded, and periods of attendance. To
preserve permanent records, a school shall submit a plan that
meets the following requirements:
(a) at least one copy of the records must be held in a
secure depository;
(b) an appropriate official must be designated to provide a
student with copies of records or a transcript upon request;
(c) an alternative method of complying with paragraphs (a)
and (b) must be established if the school ceases to exist; and
(d) a continuous surety bond must be filed with the
department in an amount not to exceed $20,000 if the school has
no binding agreement for preserving student records or a trust
must be arranged if the school ceases to exist.
Sec. 71. Minnesota Statutes 1984, section 141.26,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION FOR PERMIT.] (a) The application for
such the permit shall state the full name, address, previous
employment, and such other information concerning the solicitor
applicant as the commissioner may require.
(b) The application shall have attached to it a certified
affidavit signed by a school official and the solicitor
attesting to the fact that the applicant has been furnished a
copy, has read and has knowledge of the provisions of Minnesota
Statutes, Chapter 141 and Minnesota Regulations, Chapter 20
Rules, parts 3530.6500 to 3530.7800.
Sec. 72. Minnesota Statutes 1984, section 141.26,
subdivision 5, is amended to read:
Subd. 5. [FEE.] The initial and renewal application for
each permit shall be accompanied by a nonrefundable fee of
$75 $165.
Sec. 73. Minnesota Statutes 1984, section 141.28,
subdivision 4, is amended to read:
Subd. 4. [ACCEPTANCE OF CONTRACTS.] No school shall accept
contracts, enrollment agreements or enrollment applications from
an agent or solicitor who does not have a current permit as
required by Laws 1973, Chapter 714.
Sec. 74. Minnesota Statutes 1984, section 141.32, is
amended to read:
141.32 [PENALTY.]
Violation of any provisions of sections 141.21 to 141.36
this chapter shall be a misdemeanor. Each day's failure to
comply with the provisions of Laws 1973, Chapter 714 this
chapter shall be a separate violation.
Sec. 75. [TASK FORCE ON PRIVATE PROPRIETARY SCHOOLS.]
Subdivision 1. There is created a task force on private
proprietary schools whose purpose is to study issues and make
recommendations relating to private proprietary schools.
Subd. 2. The task force consists of 11 members as
follows: one member appointed by the higher education
coordinating board; one member appointed by the state board of
education; one member appointed by the Minnesota association of
private post-secondary schools; one member appointed by the
private college council; one member appointed by the governor to
represent schools regulated under Minnesota Statutes, chapter
141, that are not members of the Minnesota association of
private post-secondary schools; one member appointed by the
governor to represent institutions registered under Minnesota
Statutes, sections 136A.61 to 136A.71, that are not members of
the private college council; one member appointed by the
governor to represent schools regulated by Minnesota Statutes,
chapter 141, and sections 136A.61 to 136A.71; and four members
appointed by the governor who are knowledgeable about the areas
of study. The task force shall elect a chair from its
membership.
Subd. 3. The task force shall:
(1) study the appropriate agency or agencies to regulate
private schools subject to Minnesota Statutes, chapter 141, and
sections 136A.61 to 136A.71;
(2) study statutes and rules that apply to private schools
subject to Minnesota Statutes, chapter 141, and sections 136A.61
to 136A.71, as well as other related statutes, rules, and
policies;
(3) study the regulations in other states concerning the
types of schools being studied;
(4) make recommendations for any changes that may be needed
to implement appropriate and equitable regulation of the various
types of schools. In making the recommendations, the task force
may consider statutes and policies in effect for similar public
institutions; and
(5) examine and make recommendations on awarding of course
credit for work completed in private proprietary schools and the
issue of transferring credit from these schools to other public
or private institutions.
The task force study and report shall be coordinated by the
higher education coordinating board.
Subd. 4. The department of education and the higher
education coordinating board shall provide staff assistance and
information for the task force. Compensation of task force
members shall be according to Minnesota Statutes, section
15.059, subdivision 3.
Subd. 5. By February 1, 1986, the task force shall submit
to the education committees of the legislature its report and
recommendations. The task force shall terminate on June 30,
1986.
Sec. 76. [FISCAL YEAR 1985 FINAL AVTI PAYMENT.]
Notwithstanding any law to the contrary, the amount of
entitlement for fiscal year 1985 to the state board for
vocational technical education, adjusted for actual data, minus
the payments made during fiscal year 1985, shall be the final
adjustment paid to each district on the first business day of
July, 1985.
Sec. 77. [REPORTS.]
Subdivision 1. The higher education coordinating board
shall present a report on the findings and activities regarding
information technology as described in section 26 by December 1,
1986.
Subd. 2. The higher education coordinating board shall
report to the legislature on actions by the systems and progress
toward differentiation and intersystem planning efforts
according to section 18. The report shall be presented in
conjunction with the system planning reports by December 1, 1986.
Sec. 78. [VOCATIONAL COURSE CREDIT STUDY.]
The higher education coordinating board and the state board
of vocational technical education shall examine the awarding of
course credit for work completed in area vocational technical
institutes and the issue of transferring credit from these
institutions to other public or private institutions. The
higher education coordinating board shall report its findings
and recommendations to the legislature by February 1, 1986.
Sec. 79. [DEVELOPMENTS FOR CREDIT TRANSFER.]
Course equivalency guides, common numbering conventions,
and general education requirement standards, as required in
section 19, shall be developed by August 1, 1986. The higher
education coordinating board shall report to the education,
finance, and appropriations committees on these developments by
November 1, 1986.
Sec. 80. [EMERGENCY RULES.]
Subdivision 1. [PART-TIME STUDENT GRANT PROGRAM.] The
higher education coordinating board shall adopt emergency rules
under Minnesota Statutes, sections 14.29 to 14.36 to implement
the part-time student grant program under Minnesota Statutes,
section 136A.132, as amended, for the 1985-1986 academic year.
The board may use existing rules for 1985-1986 grants until
emergency rules are adopted. Notwithstanding Minnesota
Statutes, section 14.35, the emergency rules are effective until
permanent rules are adopted or June 30, 1986, whichever is
earlier.
Subd. 2. [SUPPLEMENTAL AND ADDITIONAL LOAN PROGRAM.] The
higher education coordinating board shall adopt emergency rules
pursuant to Minnesota Statutes, sections 14.29 to 14.36 to
implement Minnesota Statutes 1984, section 136A.1701, for the
1984-1985 academic year. Notwithstanding Minnesota Statutes,
section 14.35, the emergency rules may be effective until
permanent rules are adopted or June 30, 1986, whichever is
earlier.
Sec. 81. [REPEALER.]
Minnesota Statutes 1984, sections 135A.07; 136A.121,
subdivisions 8 and 14; 136C.26, subdivisions 2 and 8; 136C.28,
subdivisions 3, 4, 5, 6, and 7; 136C.33, subdivisions 3 and 4;
136C.37; and 136C.38, are repealed.
Sec. 82. [EFFECTIVE DATES.]
Subdivision 1. [IMMEDIATE.] Sections 14, 15, 16, 43, 44,
45, 46, 75, and 80 are effective the day following final
enactment.
Subd. 2. [JULY 1, 1986.] Sections 29, subdivision 7; 30;
31; 38; 47; 48; and 65, subdivision 2, are effective July 1,
1986.
Approved June 27, 1985
Official Publication of the State of Minnesota
Revisor of Statutes