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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 447-H.F.No. 1919 
           An act relating to education; imposing a limit on 
          participation; eliminating state tuition reimbursement 
          for courses taken for post-secondary credit; making 
          other modifications to the post-secondary enrollment 
          options act; requiring the University of Minnesota, 
          state university board, and state board for community 
          colleges to develop policies for awarding 
          post-secondary credit for advanced placement programs; 
          amending Minnesota Statutes 1985 Supplement, section 
          123.3514, subdivisions 3, 4, 5, 6, 8, 10, and by 
          adding subdivisions; Laws 1985, First Special Session 
          chapter 12, article 5, section 7; proposing coding for 
          new law in Minnesota Statutes, chapter 135A.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1985 Supplement, section 
123.3514, subdivision 3, is amended to read: 
    Subd. 3.  [ELIGIBLE POST-SECONDARY INSTITUTIONS 
DEFINITIONS.] For purposes of this section, an "eligible 
institution" means a Minnesota public post-secondary institution 
or a private, residential, two-year or four-year, liberal arts, 
degree-granting college or university located in 
Minnesota.  "Course" means a course or program. 
    Sec. 2.  Minnesota Statutes 1985 Supplement, section 
123.3514, subdivision 4, is amended to read: 
    Subd. 4.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
any other law to the contrary, an 11th or 12th grade pupil may 
apply to an eligible institution, as defined in subdivision 3, 
to allow the pupil to enroll in nonsectarian courses or programs 
offered at that post-secondary institution.  If an institution 
accepts a secondary pupil for enrollment under this section, the 
institution shall send written notice to the pupil, the pupil's 
school district, and the commissioner of education within ten 
days of acceptance.  The notice shall indicate the course or 
programs and hours of enrollment of that pupil.  If the pupil 
enrolls in a course for post-secondary credit, the institution 
shall notify the pupil about payment in the customary manner 
used by the institution. 
    Sec. 3.  Minnesota Statutes 1985 Supplement, section 
123.3514, is amended by adding a subdivision to read: 
    Subd. 4a.  [COUNSELING.] To the extent possible, the school 
district shall provide counseling services to pupils and their 
parents or guardian before the pupils enroll in courses under 
this section to ensure that the pupils and their parents or 
guardian are fully aware of the risks and possible consequences 
of enrolling in post-secondary courses.  The district shall 
provide information on the program including who may enroll, 
what institutions and courses are eligible for participation, 
the decision-making process for granting academic credits, 
financial arrangements for tuition, books and materials, 
eligibility criteria for transportation aid, available support 
services, the need to arrange an appropriate schedule, 
consequences of failing or not completing a course in which the 
pupil enrolls, the effect of enrolling in this program on the 
pupil's ability to complete the required high school graduation 
requirements, and the academic and social responsibilities that 
must be assumed by the pupils and their parents or guardian.  
The person providing counseling shall encourage pupils and their 
parents or guardian to also use available counseling services at 
the post-secondary institutions before the quarter or semester 
of enrollment to ensure that anticipated plans are appropriate.  
    Prior to enrolling in a course, the pupil and the pupil's 
parents or guardian must sign a form that must be provided by 
the district and may be obtained from a post-secondary 
institution stating that they have received the information 
specified in this subdivision and that they understand the 
responsibilities that must be assumed in enrolling in this 
program.  The department of education shall, upon request, 
provide technical assistance to a district in developing 
appropriate forms and counseling guidelines. 
    Sec. 4.  Minnesota Statutes 1985 Supplement, section 
123.3514, is amended by adding a subdivision to read: 
    Subd. 4b.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
INTENT TO ENROLL.] By March 1 of each year, a school district 
shall provide general information about the program to all 
pupils in grades 10 and 11.  To assist the district in planning, 
a pupil shall inform the district by March 30 of each year of 
the pupil's intent to enroll in post-secondary courses during 
the following school year.  A pupil is not bound by notifying or 
not notifying the district by March 30.  
    Sec. 5.  Minnesota Statutes 1985 Supplement, section 
123.3514, is amended by adding a subdivision to read: 
    Subd. 4c.  [LIMIT ON PARTICIPATION.] A pupil who first 
enrolls in grade 11 may not enroll in post-secondary courses 
under this section for secondary credit for more than the 
equivalent of two academic years.  A pupil who first enrolls in 
grade 12 may not enroll in post-secondary courses under this 
section for secondary credit for more than the equivalent of one 
academic year.  If a pupil in grade 11 or 12 first enrolls in a 
post-secondary course for secondary credit during the school 
year, the time of participation shall be reduced proportionately.
    Sec. 6.  Minnesota Statutes 1985 Supplement, section 
123.3514, is amended by adding a subdivision to read:  
    Subd. 4d.  [ENROLLMENT PRIORITY.] A post-secondary 
institution shall give priority to its post-secondary students 
when enrolling 11th and 12th grade pupils in courses for 
secondary credit.  Once a pupil has been enrolled in a 
post-secondary course under this section, the pupil shall not be 
displaced by another student. 
    Sec. 7.  Minnesota Statutes 1985 Supplement, section 
123.3514, subdivision 5, is amended to read:  
    Subd. 5.  [CREDITS.] A pupil may enroll in a course under 
this section for either secondary credit or post-secondary 
credit.  At the time a pupil enrolls in a course, the pupil 
shall designate whether the course is for secondary or 
post-secondary credit.  A pupil taking several courses may 
designate some for secondary credit and some for post-secondary 
credit. 
    A school district shall grant academic credit to a pupil 
enrolled in a course or program under this section for secondary 
credit if the pupil successfully completes the course or program 
attended.  A school district shall also grant academic credit to 
a pupil enrolled in a course for post-secondary credit if 
secondary credit is requested by a pupil.  If no comparable 
course or program is offered by the district, the state board of 
education shall determine the number of credits that shall be 
granted to a pupil who successfully completes and passes the a 
course or program.  If a comparable course or program is offered 
by the district, the school board shall grant a comparable 
number of credits to the pupil.  If there is a dispute between 
the district and the pupil regarding the number of credits 
granted for a particular course or program, the pupil may appeal 
the school board's decision to the state board of education.  
The state board's decision regarding the number of credits shall 
be final.  
    The secondary credits granted to a pupil shall be counted 
toward the graduation requirements and subject area requirements 
of the school district.  Evidence of successful completion of 
each course or program and secondary credits granted shall be 
included in the pupil's secondary school record.  Upon the 
request of a pupil, the pupil's secondary school record shall 
also include evidence of successful completion and credits 
granted for a course taken for post-secondary credit.  In either 
case, the record shall indicate that the credits were earned at 
a post-secondary institution. 
    If a pupil enrolls in a post-secondary institution after 
leaving secondary school, the post-secondary institution shall 
award post-secondary credit for any course successfully 
completed for secondary credit at that institution.  Other 
post-secondary institutions may award, after a pupil leaves 
secondary school, post-secondary credit for any courses 
successfully completed under this section.  An institution may 
not charge a pupil for the award of credit.  
    Sec. 8.  Minnesota Statutes 1985 Supplement, section 
123.3514, subdivision 6, is amended to read: 
    Subd. 6.  [FINANCIAL ARRANGEMENTS.] At the end of each 
school year, the department of education shall pay the tuition 
reimbursement amount within 30 days to the post-secondary 
institutions that enroll pupils under this section for courses 
that were taken for secondary credit.  The amount of tuition 
reimbursement shall equal the lesser of: 
    (1) the actual costs of tuition, textbooks, materials, and 
fees directly related to the course or program charged for taken 
by the secondary pupil enrolling in a course or program under 
this section; or 
    (2) an amount equal to the difference between the formula 
allowance plus the total tier revenue attributable to that pupil 
and an amount computed by multiplying the formula allowance plus 
the total tier revenue attributable to that pupil by a ratio.  
The ratio to be used is the total number of hours that the pupil 
is enrolled in courses in the secondary school during the 
regular school year over the total number of secondary 
instructional hours per pupil in that pupil's resident district. 
    The amount paid for each pupil shall be subtracted from the 
foundation aid paid to the pupil's resident district.  If the 
amount to be subtracted is greater than the amount of foundation 
aid due the district, the excess reduction shall be made from 
other state aids due to the district.  If a pupil is enrolled in 
a course for post-secondary credit, the school district shall 
include the pupil in the average daily membership only for the 
portion of time during which the pupil is enrolled in courses at 
the secondary school and enrolled in courses at a post-secondary 
institution for secondary credit. 
    The department shall not pay any tuition reimbursement or 
other costs of a course taken for post-secondary credit only.  
    Sec. 9.  Minnesota Statutes 1985 Supplement, section 
123.3514, is amended by adding a subdivision to read: 
    Subd. 6a.  [GRANTS AND FINANCIAL AID PROHIBITED.] A pupil 
enrolled in a post-secondary course for secondary credit is not 
eligible for any state student financial aid under chapter 136A. 
    Sec. 10.  Minnesota Statutes 1985 Supplement, section 
123.3514, subdivision 8, is amended to read: 
    Subd. 8.  [TRANSPORTATION.] A parent or guardian of a pupil 
attending a post-secondary institution under this 
section enrolled in a course for secondary credit may apply to 
the pupil's district of residence for reimbursement for 
transporting the pupil between the secondary school in which the 
pupil is enrolled and the post-secondary institution that the 
pupil attends.  The state board of education shall establish 
guidelines for providing state aid to districts to reimburse the 
parent or guardian for the necessary transportation costs, which 
shall be based on financial need.  The state shall pay aid to 
the district according to the guidelines established under this 
subdivision.  Chapter 14 does not apply to the guidelines. 
    Sec. 11.  Minnesota Statutes 1985 Supplement, section 
123.3514, subdivision 10, is amended to read: 
    Subd. 10.  [LIMIT; STATE OBLIGATION.] The provisions of 
subdivisions 6, 7, 8, and 9 shall not apply for any 
post-secondary courses or programs in which a pupil is enrolled 
in addition to being enrolled full time in that pupil's district 
or for any post-secondary course in which a pupil is enrolled 
for post-secondary credit. 
    Sec. 12.  [135A.10] [CREDIT FOR ADVANCED PLACEMENT 
PROGRAM.] 
    Subdivision 1.  [POLICY AND PROCEDURES TO AWARD 
CREDIT.] The board of regents of the University of Minnesota, 
the state university board, and the state board for community 
colleges shall each develop a clear and uniform policy for its 
system for awarding post-secondary credit toward a degree for a 
student who earns an acceptable score on an advanced placement 
program examination.  Each policy must include procedures to 
inform students and prospective students about credit award and 
procedures to assure implementation on each campus.  The higher 
education coordinating board shall assist in developing the 
policy. 
    Subd. 2.  [DATA ABOUT CREDIT AWARD.] Each year the 
University of Minnesota, state universities, and community 
colleges shall provide the higher education coordinating board 
information and data about credit awarded for advanced placement 
program examinations. 
    Sec. 13.  Laws 1985, First Special Session chapter 12, 
article 5, section 7, is amended to read: 
    Sec. 7.  [EVALUATION.] 
    The department of education, in consultation with the 
higher education coordinating board, the public post-secondary 
systems and the participating private colleges, shall collect 
and evaluate information about the implementation of the program 
established under section 1.  By January 15, 1987, the 
commissioner of education shall submit a report to the education 
committees of the legislature on the implementation of this 
program.  The report to the legislature shall address at least 
the following issues: 
    (1) description of participating pupils and other 
enrollment data; 
    (2) results of surveys of pupils, parents, school 
districts, and post-secondary institutions; 
    (3) results of any appeals to the state board of education 
regarding credits for courses or programs taken under the 
program; 
    (4) assessment of counseling services provided to pupils 
and their parents or guardians; 
    (5) fiscal impact of the program; 
    (6) feasibility of including summer school courses or 
programs in this program; 
    (7) feasibility of implementing cooperative plans for 
offering post-secondary courses in the high schools; 
    (8) current school district and post-secondary policies 
relating to advanced placement and other accelerated testing 
programs; 
    (9) recommendations on the feasibility of implementing and 
funding a statewide advanced placement program which would 
accomplish, to the extent possible, the goals of:  (i) making 
advanced placement courses available in every school district; 
(ii) providing for a partial or total subsidy of advanced 
placement costs; and (iii) requiring post-secondary institutions 
to grant post-secondary credit for successful completion of 
advanced placement programs; 
    (10) comparability of courses offered in the high schools 
and post-secondary institutions; 
    (11) advisability of establishing specific admission 
standards for high school pupils enrolling in post-secondary 
courses or programs;  
    (12) feasibility of expanding course offerings through 
alternative means when access to post-secondary institutions is 
geographically impossible;  
    (13) feasibility of increasing the maximum age of 
compulsory attendance at school;  
    (14) feasibility of participation of nonpublic school 
pupils in this program; and 
    (15) other significant implementation issues or problems. 
    Sec. 14.  [NOTICE FOR THE 1986-1987 SCHOOL YEAR.] 
    To assist a school district in planning for the 1986-1987 
school year, the district may obtain information from pupils 
about their intention to enroll in post-secondary courses or 
programs during the 1986-1987 school year under Minnesota 
Statutes, section 123.3514, 30 days after the district provides 
general information and to the extent possible, counseling 
services, on the program to pupils in grades 10 and 11 and their 
parents. 
    Sec. 15.  [ADVANCED PLACEMENT REPORT TO LEGISLATURE.] 
    By January 1, 1987, the policy required under section 12 
must be developed and submitted by each system to the higher 
education coordinating board for its review and comment on the 
policies.  Each system shall report its policy and the higher 
education coordinating board shall report its review and comment 
to the education committees of the legislature by February 1, 
1987. 
    Sec. 16.  [EFFECTIVE DATE.] 
    Sections 1, 5, and 14 are effective the day following final 
enactment.  Sections 2, 3, 4, 6, 7, 8, 9, 10, and 11 are 
effective for the 1986-1987 school year and thereafter. 
    Approved March 25, 1986