Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 293-S.F.No. 1625
An act relating to public administration;
appropriating money for education and related purposes
to the 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; amending
Minnesota Statutes 1988, sections 121.93, subdivisions
2, 3, and 4; 126.56, subdivision 5; 135A.05; 135A.06,
subdivision 3; 136.31, subdivisions 3 and 5; 136A.02,
subdivisions 5, 6, and 7; 136A.04; 136A.05; 136A.08;
136A.101, subdivisions 1, 7, and 8; 136A.121;
136A.131; 136A.132; 136A.134, subdivision 4; 136A.15,
subdivisions 1 and 7, and by adding a subdivision;
136A.16, subdivisions 1, 2, 5, 8, 9, and 10; 136A.162;
136A.17, subdivision 1; 136A.1701, subdivisions 1, 2,
and 5; 136A.172; 136A.173, subdivision 1; 136A.174;
136A.175, subdivision 4; 136A.176; 136A.177; 136A.178;
136A.179; 136A.233; 136A.26, subdivision 1a; 136A.29,
subdivision 9; 136A.69; 136C.04, subdivisions 1, 2, 6,
9, 10, and 18; 136C.042, subdivision 2; 136C.05, by
adding subdivisions; 136C.07, subdivision 4; 136C.075;
136C.08, subdivision 1; 136C.15; 136C.31, by adding a
subdivision; 136C.36; 136C.43, subdivision 1; 169.44,
subdivision 18; 275.125, subdivision 14a; 354.094,
subdivisions 1a and 1b; 354A.091, subdivision 1a;
355.46, subdivision 3; and Laws 1988, chapter 703,
article 1, section 23; proposing coding for new law in
Minnesota Statutes, chapters 135A and 136A; repealing
Minnesota Statutes 1988, sections 121.936, subdivision
1a; 136A.042; 136A.09; 136A.101, subdivision 6;
136A.111; 136A.121, subdivisions 1, 4, and 15;
136A.14; 136A.141; 136A.142; 136A.225; 136A.51;
136A.52; 136A.53; 136A.55; 136C.07, subdivisions 1, 2,
3, and 6; 136C.21; 136C.211; 136C.212; 136C.213;
136C.22; 136C.221; 136C.222; 136C.223; 136C.25;
136C.26, subdivisions 1, 3, 4, 5, 6, 7, and 9;
136C.27, subdivision 2; 136C.28, subdivisions 1 and 2;
136C.29; 136C.33, subdivisions 1 and 2; 136C.42;
136C.43, subdivisions 1, 2, and 3; 256H.07; and
256H.13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or other named fund, to the
agencies and for the purposes specified in this act. The
listing of an amount under the figure "1989," "1990," or "1991"
in this act indicates that the amount is appropriated to be
available for the fiscal year ending June 30, 1989, June 30,
1990, or June 30, 1991, respectively. "The first year" is
fiscal year 1990. "The second year" is fiscal year 1991. "The
biennium" is fiscal years 1990 and 1991.
SUMMARY BY FUND
1990 1991 TOTAL
General $943,318,000 $1,014,642,000 $1,957,960,000
SUMMARY BY AGENCY - ALL FUNDS
1990 1991 TOTAL
Higher Education Coordinating Board
$ 83,593,000 $ 96,453,000 $180,046,000
State Board of Vocational Technical Education
165,952,000 174,050,000 340,002,000
State Board for Community Colleges
88,147,000 99,600,000 187,747,000
State University Board
167,401,000 179,204,000 346,605,000
Board of Regents of the University of Minnesota
437,191,000 464,254,000 901,445,000
Mayo Medical Foundation
1,034,000 1,081,000 2,115,000
APPROPRIATIONS
Available for the Year
Ending June 30
1990 1991
Sec. 2. HIGHER EDUCATION
COORDINATING BOARD
Subdivision 1. Total
Appropriation $83,593,000 $96,453,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
As part of its next budget request, the
board shall report on its method of
implementing the base adjustments
required in this section.
Subd. 2. Agency Administration
$3,900,000 $2,972,000
(a) The optometry and osteopathy
contract program for students who were
in the program in the 1986-1987
academic year must be discontinued on
June 30, 1990. No new students may be
admitted.
(b) As part of its 1991 biennial budget
request, the HECB shall report its
recommendations for improvements to the
SELF program.
(c) Notwithstanding Laws 1987, chapter
401, section 33, the task force on
post-secondary quality assessment may
continue for the 1989-1991 biennium.
The task force membership may be
expanded to include public members
appointed by the higher education
advisory council from nominees
submitted by the HECB.
(d) No further funding of the
enterprise development centers shall be
provided through the HECB. The Greater
Minnesota Corporation may provide
funding for the centers.
(e) $150,000 for the biennium is for
matching grants to post-secondary
institutions that submit acceptable
proposals for campus community service
projects emphasizing students
performing as tutors or mentors to
their younger peers. Campus community
service projects attempt to instill in
students the value of civic involvement
and the belief that each student's
community service can make a difference
in the community. The HECB may award
up to 20 grants. To receive a grant, a
recipient must match the grant amount
from any resources available to the
institution. The state grant is for a
staff person on each recipient's campus
to coordinate student community service
involvement. Up to $25,000 of the
appropriation may be used for HECB
administration, coordination, training,
consultation, and evaluation costs.
The legislature intends the grant
program to be phased out at the end of
the biennium to be replaced by 100
percent funding by the recipient
institutions from any resources
available to the institution.
(f) The HECB shall undertake the second
phase of the study of post-secondary
needs in the state, as provided in Laws
1988, chapter 703, article 1, section
2, subdivision 3. This phase must
concentrate on those parts of the state
outside the St. Cloud to Rochester
population corridor. The HECB may
contract for portions of the study, as
necessary, but is not subject to
Minnesota Statutes, chapter 16B.
Before proceeding with the request for
proposals, the HECB shall consult with
the post-secondary systems,
institutions, and other relevant
agencies to locate studies and market
analyses that could be used in
conducting phase 2. The study must
focus on (1) an assessment of the
current and future conditions and
needs; (2) strategies to meet these
needs; (3) costs associated with the
strategies; and (4) effects of the
strategies on existing institutions,
state policies, quality of education,
and system and institutional missions.
The study should include consideration
of at least the following concerns:
the current and projected demographic
and participation trends; current
levels and types of services available;
needs of traditional and nontraditional
students; the geographical
accessibility of services needed by
different types of students; uses of
alternative delivery systems,
instructional technology, cooperative
efforts, and reciprocity agreements;
relationships between post-secondary
institutions and business; and the
physical capacity of existing
institutions. The study shall analyze
attendance patterns and may include
market surveys. The HECB shall report
the findings of the study to the
education and finance committees of the
senate and the education and
appropriations committees of the house
by December 1, 1990. By January 1,
1991, the HECB shall review and comment
on each of the strategies proposed in
the study. In submitting the findings
of phase 2, the board shall relate them
to the results of phase 1 and their
implications for statewide policy.
The study shall serve as the 1990
intersystem plan as required in
Minnesota Statutes, section 135A.06,
subdivision 2.
(g) The HECB shall analyze and make
recommendations on plans submitted for
providing undergraduate and
practitioner-oriented graduate programs
in the seven-county metropolitan area.
By February 1, 1990, the HECB shall
report on its recommendations to the
education and finance committees of the
senate and the education and
appropriations committees of the house.
Subd. 3. State Scholarships and
Grants
$69,044,000 $82,644,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available for it.
During the biennium, the higher
education coordinating board may ask
the commissioner of finance to loan
general fund money to the scholarship
and grant account to ease cash flow
difficulties. The higher education
coordinating board must first certify
to the commissioner that there will be
adequate refunds to the account to
repay the loan. The commissioner shall
use the refunds to make repayment to
the general fund of the full amount
loaned. Money necessary to meet cash
flow difficulties in the state
scholarship and grant program is
appropriated to the commissioner of
finance for loans to the higher
education coordinating board.
This appropriation contains money for
increasing living allowances for state
scholarships and grants to $3,170 for
the first year and $3,465 for the
second year.
$2,000,000 each year is for child care
grants. For the biennium, the board
may determine a reasonable percentage
of the appropriation to be used for the
administrative costs of the agency and
the campuses.
The HECB shall report to the education
divisions of the house appropriations
and senate finance committees on the
academic progress and persistence of
state scholarship and grant program
recipients by February 1, 1990.
The HECB shall examine and make
recommendations on the use of
post-secondary scholarships and other
mechanisms to provide incentives to
students to pursue International
Baccalaureate degrees. In making its
recommendations, the HECB shall include
an analysis of the cost of a
scholarship program and whether these
scholarships would be an appropriate
use of state funds.
The HECB may use up to $250,000 of the
appropriation in each year to provide
grants for Minnesota resident students
participating in the Akita program.
Grants must be awarded on the same
basis as other state grants, except
that the cost of attendance shall be
adjusted to incorporate the state
university tuition level and the Akita
fee level. An individual grant must
not exceed the state grant maximum
award for a student at a four-year
private college. The HECB and the
state university board shall report on
these grants in the 1991 biennial
budget document.
By February 15, 1990, the HECB shall
report to the education divisions of
the senate finance and the house
appropriations committees on
implementation of procedures to recover
overpayment of state scholarship and
grant awards. The report shall cover
overpayments for the 1988-1989 academic
year and shall include at least the
following information for each case for
which recovery of an overpayment is
sought:
(1) the reason for the overpayment;
(2) the manner in which the overpayment
was discovered;
(3) the amount of the overpayment;
(4) the recovery plan proposed by the
HECB;
(5) whether the case was brought to
court and, if so,
(a) why the case was brought to court,
(b) the cost to the HECB of bringing
the case to court, and
(c) whether the HECB recovered costs
and attorney fees; and
(6) the disposition, including the
amount of the overpayment recovered and
the amount of time elapsed from the
time the overpayment was discovered to
the time a repayment agreement was
reached.
The report shall not include any
information identifying the students
involved.
Subd. 4. Interstate Tuition
Reciprocity
$ 4,300,000 $ 4,300,000
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
$ 5,304,000 $ 5,454,000
Subd. 6. Income Contingent Loans
The HECB shall administer an income
contingent loan repayment program to
assist graduates of Minnesota schools
in medicine, dentistry, pharmacy,
chiropractic medicine, public health,
and veterinary medicine, and Minnesota
residents graduating from optometry and
osteopathy programs. During the
biennium, applicant data collected by
the higher education coordinating board
for this program may be disclosed to a
consumer credit reporting agency under
the same conditions as apply to the
supplemental loan program according to
Minnesota Statutes, section 136A.162.
The HECB shall study the possible
inclusion of students in other academic
programs and report its recommendations
to the house appropriations and senate
finance committees by December 1, 1990.
Subd. 7. Minitex Library Program
$ 1,045,000 $ 1,083,000
Subd. 8. An unencumbered balance
in the first year under a subdivision
in this section does not cancel but is
available for the second year.
Subd. 9. The higher education
coordinating board may transfer
unencumbered balances from the
appropriations in this section to the
state scholarship and grant appropriation.
Before the transfer, the higher education
coordinating board shall consult with the
chairs of the house appropriations and
senate finance committees.
Sec. 3. STATE BOARD OF VOCATIONAL
TECHNICAL EDUCATION
Subdivision 1. Total
Appropriation 165,952,000 174,050,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
As part of its next budget request, the
board shall report on its method of
implementing the base adjustments
required in this section.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$219,519,000 the first year and
$230,472,000 the second year.
$1,570,000 in the first year and
$1,589,000 in the second year are for
equipment purchases. This money must
be spent for this purpose only and is
nonrecurring. The state board shall
report on its use in the 1991 biennial
budget document.
$3,458,000 in 1990 and $3,613,000 in
1991 are for repair and replacement.
The state board shall report on its use
in the 1991 biennial budget document.
The report must include an analysis of
the adequacy of the amounts for repair
and replacement in meeting the system's
repair and replacement needs.
During the biennium, each outstanding
and any future assessment by a local
unit of government that is less than
five percent of the amounts for repair
and replacement may be paid when due by
the board.
$2,000,000 the first year and
$3,600,000 the second year are to
improve student support services
including, but not limited to:
remedial programs and needs assessment,
counseling and financial aid services,
and minority student services. The
money is also available for library
development and improvement. The state
board shall report on its use in the
1991 biennial budget document.
$500,000 each year is for salaries,
equipment, and supplies to improve
services for disabled students. This
appropriation must be spent for these
purposes only. The board shall report
on its use in the 1991 biennial budget
document.
The state board of vocational technical
education shall report to the education
divisions of the house appropriations
and senate finance committees on its
newly developed student placement
tracking system by February 1, 1990.
Subd. 3. Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$6,474,000 the first year and
$6,263,000 the second year.
$3,547,000 the first year and
$3,248,000 the second year are for debt
service payments to school districts
for technical institute buildings
financed with district bonds issued
before January 1, 1979.
$2,000,000 each year is for curriculum
restructuring. This is a nonrecurring
appropriation and will not be included
to calculate the base for the 1991-1993
biennial budget.
Subd. 4. State Council on Vocational
Technical Education
$94,500 the first year and $49,200 the
second year must be allocated by the
state board to the state council on
vocational education.
Sec. 4. STATE BOARD FOR COMMUNITY
COLLEGES
Subdivision 1. Total
Appropriation 88,147,000 99,600,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$118,925,000 the first year and
$134,939,000 the second year.
This appropriation includes $5,483,000
the first year and $4,407,000 the
second year for increased enrollments.
This is a nonrecurring appropriation
and will not be included when
calculating the base for the 1991-1993
biennial budget. This appropriation is
based on estimated enrollments of
32,000 in 1990 and 33,500 in 1991. If
actual enrollments are different from
this estimate, the commissioner of
finance shall calculate the effect for
the general fund due to the difference
and include an adjustment in the budget
for the next fiscal year.
$1,280,000 the first year and
$1,340,000 the second year are for
equipment purchases. This
appropriation must be spent for this
purpose only and is nonrecurring. The
board shall report on its use in the
1991 biennial budget document.
$1,582,000 in 1990 and $1,639,000 in
1991 are for repair and replacement.
The board shall report on its use in
the 1991 biennial budget document. The
report must include an analysis of the
adequacy of the amounts for repair and
replacement in meeting the system's
repair and replacement needs.
During the biennium, each outstanding
and any future assessment by a local
unit of government that is less than
five percent of the appropriation for
repairs and replacements may be paid
when due by the board.
The community college system shall
examine the feasibility, costs, and
effects of implementing a textbook
rental system on its campuses. The
findings shall be reported to the
education divisions of the house
appropriations and senate finance
committees by February 15, 1990.
Subd. 3. Noninstructional
Expenditures
The legislature estimates that
noninstructional expenditures will be
$11,968,000 the first year and
$12,482,000 the second year.
Subd. 4. State Owned Land
State owned land at Worthington
Community College legally described as
lots 1, 2, 5, 6, and 7, block 1, Golden
Shores addition, in the city of
Worthington, county of Nobles, shall be
tax exempt until sold. Taxes levied on
the land prior to the effective date of
this provision must be abated.
Sec. 5. STATE UNIVERSITY BOARD
Subdivision 1. Total
Appropriation 167,401,000 179,204,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$237,324,000 the first year and
$253,469,000 the second year.
$4,965,000 the first year and
$1,944,000 the second year are for
increased enrollments. This is a
nonrecurring appropriation and will not
be included when calculating the base
for the 1991-1993 biennial budget.
This appropriation is based on
estimated enrollments of 51,735 in 1990
and 51,998 in 1991. If actual
enrollments are different from this
estimate, the commissioner of finance
shall calculate the effect for the
general fund due to the difference and
include an adjustment in the budget for
the next fiscal year.
$2,069,000 the first year and
$2,080,000 the second year are for
equipment purchases. This
appropriation must be spent for this
purpose only and is nonrecurring. The
board shall report on its use in the
1991 biennial budget document.
$2,928,000 in 1990 and $3,046,000 in
1991 are for repair and replacement.
The board shall report on its use in
the 1991 biennial budget document. The
report must include an analysis of the
adequacy of the amounts for repair and
replacement in meeting the system's
repair and replacement needs.
During the biennium, each outstanding
and any future assessment by a local
unit of government that is less than
five percent of the appropriation for
repairs and replacements may be paid
when due by the board.
The legislature estimates that $150,000
each year will be spent at Mankato
State University for payment of a lease
for the Warren Street Building. The
appropriation must be discontinued upon
expiration of the lease or subsequent
lease. The current lease expires in
1993, but may be renegotiated to expire
in 2013. The budget request for 1991
must separately identify this item.
Notwithstanding Minnesota Statutes,
section 136.09, subdivision 3, or other
law to the contrary, during the
biennium neither the state university
board nor the state university campuses
shall plan or develop doctoral level
programs or degrees until after they
have received the recommendation of the
house and senate committees on
education, finance, and appropriations.
During the biennium, revenue generated
from royalties, patents, licenses, or
interests kept by the state university
board from the science and technology
project at Southwest State University
is appropriated to the state university
board and must be allocated by the
board to Southwest State University for
the science and technology resource
center.
Subd. 3. Noninstructional
Expenditures
The legislature estimates that
noninstructional expenditures will be
$10,697,000 the first year and
$10,897,000 the second year.
During the biennium, notwithstanding
any law to the contrary, the state
university board may keep money
received from successful litigation by
or against the board. Awards made to
the state or the board resulting from
litigation against or by the board must
be kept by the board to the credit of
the account from which the litigation
was originally funded.
$200,000 each year is for development
of the upper division component within
the Arrowhead Community College Region
through Bemidji State University. The
specific location or locations will be
determined by the community college and
state university boards. The budget
request for 1991 must separately
identify this program.
$100,000 is for the board to enter into
an agreement to lease space on the
campus of the College of St. Teresa for
the instructional needs of Winona State
University. The board shall analyze:
(1) the current space use at Winona
state; (2) the cost to bring the St.
Teresa buildings up to code; (3) the
cost to renovate the St. Teresa campus
for long-term use; and (4) the
comparative costs to operate a split
campus. The board shall report its
findings and recommendations to the
education divisions of the
appropriations and finance committees
by February 1, 1990.
$170,000 is for the board to provide
nursing education outreach programs.
The programs must assess and give
credit to students for prior learning,
provide for part-time enrollment, and
be located in regions of the state that
demonstrate the greatest need for
baccalaureate and masters degree
programs. The appropriation for this
program shall be nonrecurring. The
board shall appoint a task force,
including representatives of other
post-secondary systems that offer
nursing programs, to advise it on the
programs. The task force shall study
the need for and supply of nurses and
the adequacy of access to nursing
programs. The task force may seek
nonstate grants or gifts to establish a
private scholarship program for
nurses. The HECB, if requested, shall
provide technical advice to the task
force on the effects of private
scholarships on state financial aid.
The task force shall make
recommendations to the board on the
scholarship program, including sources
of funding, eligibility requirements
for recipients, and methods of
calculating award amounts. The task
force shall make recommendations, as
necessary, on other policy matters
concerning nursing education. The board
shall report on the nursing programs in
the 1991 biennial budget document.
Subd. 4. Wood-Fired Boilers
Effective the day after final enactment
of this subdivision, no more money may
be paid out of the treasury of this
state in connection with an agreement
under Minnesota Statutes, section
16B.16, to provide a wood-fired boiler
heating system at the campus of either
Bemidji State University or St. Cloud
State University. This prohibition is
intended to be permanent.
Minnesota Statutes, section 16B.16,
authorizes the commissioner of
administration to enter into
installment purchase agreements to
acquire equipment that will improve the
energy efficiency of a state building
or facility if, among other things, the
entire cost of the contract is a
percentage of the resultant savings in
energy costs and the state may
unilaterally cancel the agreement if
the legislature fails to appropriate
funds to continue the contract.
Section 16B.16 does not authorize the
commissioner to commit the state to pay
for equipment that does not work nor to
pay more for energy as a result of the
installment purchase agreement than
would be needed without the agreement.
If there are no savings in energy costs
through use of the equipment, there
should be no compensation due under the
agreement.
The commissioner of administration
acted under Minnesota Statutes, section
16B.16, when entering into installment
purchase agreements to install
wood-fired boiler heating systems at
the campuses of Bemidji State
University and St. Cloud State
University. The wood-fired boiler
heating system installed at the Bemidji
campus did not work as promised and the
promised energy savings were not
achieved. The state refused to make
further payments under the agreement
for Bemidji and canceled the agreement
for St. Cloud. The state later resumed
making payments under the agreement for
Bemidji, even though it believed there
had been a complete failure of
consideration.
The purpose of this subdivision is to
make clear to all potential investors
in state and local bonds and to
financial institutions that the state
is not and never has been responsible
for financing the wood-fired boiler
heating systems at Bemidji and St.
Cloud state universities, other than
through payment to the vendor of a
percentage of the resultant savings in
energy costs. Since the equipment and
technology chosen by the vendor did not
produce savings in energy costs, the
entire loss should be borne by the
vendor and by the vendor's financial
backers, not by the state.
Sec. 6. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 437,191,000 464,254,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 355,025,000 377,571,000
On December 1 each year the president
of the University of Minnesota shall
report to the senate finance and house
appropriations committees and the
commissioner of finance any receipts
for the previous fiscal year in excess
of the estimates on which these
appropriations are based, the sources
of these receipts, the purposes for
which any excess receipts were spent,
and the accounts to which the receipts
were transferred. The total estimated
receipts are $138,842,000 for the first
year and $147,367,000 for the second
year.
The board of regents is requested to
consider adopting a policy of paying
per diem to board members for attending
a meeting of the board or a committee
of the board.
(a) Instructional Expenditures
The legislature estimates that
instructional expenditures in this
subdivision and subdivision 3,
paragraph (d), will be $388,921,000 the
first year and $413,941,000 the second
year.
$2,145,000 the first year and
$2,086,000 the second year are for
equipment purchases. This
appropriation must be spent for this
purpose only and is nonrecurring. The
board shall report on its use in the
1991 biennial budget document.
$8,992,000 in 1990 and $9,345,000 in
1991 are for repair and replacement.
The board shall report on its use in
the 1991 biennial budget document. The
report must include an analysis of the
adequacy of the above appropriation in
meeting the system's repair and
replacement needs.
During the biennium, each outstanding
and any future assessment by a local
unit of government that is less than
five percent of the appropriation for
repairs and replacements may be paid
when due by the board.
$3,307,000 in 1990 and $5,601,000 in
1991 are for the improvement of
instructional programs including, but
not limited to: additional sections of
required undergraduate courses;
expanded undergraduate advising; and
enhanced academic computing
capabilities. The board shall report
its use in the 1991 biennial budget
document.
The president of the University of
Minnesota is requested to review,
during the biennium, the University of
Minnesota's institutional support costs
and redirect any savings into academic
programs.
The regular session enrollment
projected for this appropriation is
35,679 full-year equivalent
undergraduate students for the first
year. For the biennium ending June 30,
1991, tuition income resulting from
students in excess of the projections
reduces the general fund appropriation
by a like dollar amount. The
university shall submit progress
reports on the attainment of the
anticipated enrollments. If the
university attains these enrollment
goals, the calculation for the average
cost funding formula must not reduce
the budget base. The University is
requested to develop mechanisms to
measure progress in achieving the goals
of commitment to focus, including
enrollment targets. The University
shall report its recommendations to the
education divisions of the house
appropriations and senate finance
committees by December 1, 1989.
During the biennium, the regents are
requested to provide fair and equitable
funding to each coordinate campus for
the additional number of students
enrolled above the 1988-1989 academic
year enrollment.
(b) Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$105,676,000 the first year and
$111,836,000 the second year.
$129,000 in 1990 and $167,000 in 1991
are to establish a training program for
teaching assistants to improve their
communications and teaching skills.
The legislature anticipates that the
university will allocate matching money
internally to support teaching
assistant programs. The university
shall report on its actions and its use
in the 1991 biennial budget document.
Indirect cost recovery money retained
by the University of Minnesota must be
used exclusively for the direct support
of research or the financing of support
activities directly contributing to the
receipt of indirect cost recovery
money. It may not be used for teaching
or service.
Subd. 3. Special
Appropriations 82,166,000 86,683,000
The amounts expended for each program
in the four categories of special
appropriations shall be separately
identified in the 1991 biennial budget
document.
(a) Agriculture and Extension Service
$42,844,000 $45,002,000
This appropriation is for the
Agriculture Research and Minnesota
Extension Service.
Any salary increases granted by the
university to personnel paid from the
Minnesota Extension appropriation must
not result in a reduction of the county
portion of the salary payments.
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 distribution of farms and
agribusinesses and must not
disproportionately represent those from
the upper half of the size and income
distributions.
(b) Health Sciences
$16,332,000 $17,379,000
This appropriation is for Indigent
Patients (County Papers), Rural
Physicians Associates Program, Medical
Research, Special Hospitals Service and
Educational Offset, the Veterinary
Diagnostic Laboratory, Institute for
Human Genetics, and the Biomedical
Engineering Center.
(c) Institute of Technology
$ 3,472,000 $ 3,645,000
This appropriation is for the Mineral
Resources Research Center, Geological
Survey, Underground Space Center,
Talented Youth Mathematics Program,
Microelectronics and Information
Science Center, and the Productivity
Center.
(d) System Specials
$19,518,000 $20,657,000
This appropriation is for Fellowships
for Minority and Disadvantaged
Students, General Research,
Intercollegiate Athletics, Student
Loans Matching Money, Industrial
Relations Education, Southeast
Education Center, Natural Resources
Research Institute, Sea Grant College
Program, Biological Process Technology
Institute, Supercomputer Institute,
Center for Urban and Regional Affairs,
Museum of Natural History, and the
Humphrey Exhibit.
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. The women's athletic program
shall be funded by the formula
allowance or a minimum of $65,000 per
campus per year. Each campus will
receive the greater of the two
calculations.
Of this appropriation, no less than the
following amounts must be allocated to
each campus:
Duluth 540,800 551,600
Morris 65,000 66,100
Crookston 65,000 65,000
Waseca 65,000 65,000
The legislature estimates that
$1,087,000 in 1990 and $1,252,000 in
1991 is for enhanced and expanded
graduate programs in Rochester.
Subd. 4. The appropriation
in subdivision 3, paragraph (d),
for the Southeast Education Center,
must be merged with the operations
and maintenance funding in subdivision
2 in fiscal years 1990 and 1991.
Subd. 5. University of Minnesota,
Waseca
The appropriation in Laws 1987, chapter
400, section 20, subdivision 8,
paragraph (a), to renovate the
agriculture laboratories at Waseca, may
also be used to construct a greenhouse.
Sec. 7. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 1,034,000 1,081,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School
$ 753,000 $ 790,000
The state of Minnesota shall pay a
capitation of $9,410 the first year and
$9,875 the second year for each student
who is a resident of Minnesota.
This appropriation provides capitation
for 20 Minnesota residents in each of
the four classes at Mayo Medical School.
The appropriation may be transferred
between years of the biennium to
accommodate enrollment fluctuations.
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
$ 281,000 $ 291,000
The state of Minnesota shall pay a
capitation of $15,610 the first year
and $16,165 the second year for a
maximum of 18 students each year.
Sec. 8. POST-SECONDARY SYSTEMS
Subdivision 1. Base Level Adjustments
In preparing budget requests for the
1992-1993 biennium, the commissioner of
finance shall make the same categories
of base level adjustments, when
reasonable and equitable, to the
budgets of higher education systems as
to the budgets of state agencies. The
amounts and the purposes must be
delineated in the 1991 biennial budget
document.
Subd. 2. Enrollment Growth
Each public post-secondary governing
board experiencing or anticipating
enrollment growth on one or more of its
campuses, or sufficient programmatic
growth to result in significant course
or space availability problems, shall
plan for responding to the growth while
maintaining educational quality. These
plans shall include an examination of
efficient utilization of existing
instructional space. The boards shall
provide a preliminary report on these
plans and on their recruitment plans
and expenditures to the education
divisions of the house appropriations
and senate finance committees by
September 1, 1989, and a final report
by February 1, 1990.
Subd. 3. BOAST
In order to recognize student talent
and the outstanding work of art and
art-related departments on campuses of
the four public post-secondary systems,
the Minnesota House of Representatives
intends to begin a program to reward
these achievements. The program,
entitled Bring Out Art Students' Talent
(BOAST), will reward winners of campus
art competitions by displaying their
art in the state office building. The
speaker of the house shall appoint, by
July 1, 1989, a select committee to
develop procedures and oversee the
process. Before appointing the
committee, the speaker shall invite the
senate to participate in the process.
If the senate chooses to participate,
after consultation with the Capitol
Area Architectural and Planning Board,
and the Minnesota Historical Society,
it may determine whether to display any
of the art in the state capitol. The
heads of each of the public
post-secondary systems are requested to
consult with the committee and
coordinate the efforts of the
campuses. Each campus may hold a
competition and select the entries that
are to be displayed. The campus shall
arrange for the delivery, set up, and
removal of the displays according to
the procedures developed by the select
committee.
Subd. 4. Student Progress
The public post-secondary governing
boards and the HECB shall study
mechanisms to encourage students to
complete their educational programs in
a timely manner. The governing boards
shall study the use of tuition banding
and other mechanisms to provide
incentives for students to carry full
credit loads. The boards shall also
study nonfinancial impediments to
students completing programs within two
or four years. These may include
unavailability of courses, expanded
programmatic requirements, students'
lack of preparation for college,
changes in values and attitudes, and
other factors identified by the
boards. The boards shall examine ways
to reduce or eliminate these
impediments.
The HECB shall study the fiscal and
policy effects of mechanisms to
encourage students to carry full course
credit loads, to enroll in summer
sessions, or to otherwise complete
their coursework in a timely manner.
The board shall include an examination
of: the effects of changing the credit
load in the state grant program to
define a full-time student as one
averaging 15 credits per term each
year, and prorating awards on that
credit basis; the availability of
summer financial aid; and other
incentives that it identifies. The
governing boards shall report their
findings to the HECB for review and
comment by January 15, 1990. The HECB
shall report the findings of its study,
the governing board findings and the
HECB review and comment by March 1,
1990 to the education divisions of the
house appropriations and senate finance
committees.
Subd. 5. Student Preparation
In order to increase students' academic
preparation for higher education, and
to decrease the need for remedial work
in post-secondary institutions, the
state university board, the community
college board, and the state board for
vocational technical education shall
study and make recommendations on the
effects of adopting secondary school
preparation requirements for incoming
students. Each board shall report its
findings to the education divisions of
the house appropriations and senate
finance committees by February 1, 1990.
Subd. 6. Student Placement
The state board for community colleges,
the state university board, and private
post-secondary occupational and
technical institutions that enroll
students who receive state financial
aid shall develop student placement
tracking systems for their technical
and occupational programs, or review
tracking systems already in place, to
enable them to determine the number of
students placed successfully in
occupations related to their
education. The board of regents of the
University of Minnesota is requested to
develop a similar system, or review its
current system, for its technical
programs at the Crookston and Waseca
campuses. The HECB shall coordinate
the development and review of the
tracking systems and shall report on
them to the education divisions of the
house appropriations and senate finance
committees and the higher education
divisions of the education committees
by February 15, 1990.
Sec. 9. Minnesota Statutes 1988, section 121.93,
subdivision 2, is amended to read:
Subd. 2. "District" means a school district, an
educational cooperative service unit, a cooperative center for
secondary vocational education, a cooperative center for special
education, a technical institute, or an intermediate service
area.
Sec. 10. Minnesota Statutes 1988, section 121.93,
subdivision 3, is amended to read:
Subd. 3. "ESV-IS" or "elementary, secondary, and secondary
vocational education management information system" means that
component of the statewide elementary, secondary, and secondary
vocational education management information system which
provides administrative data processing and management
information services to districts.
Sec. 11. Minnesota Statutes 1988, section 121.93,
subdivision 4, is amended to read:
Subd. 4. "SDE-IS" or "state department of education
information system" means that component of the statewide
elementary, secondary, and secondary vocational education
management information system which provides data processing and
management information services to the department of education.
Sec. 12. Minnesota Statutes 1988, section 126.56,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall
assist the state board of education in approving eligible
programs and shall assist the higher education coordinating
board in planning, implementing, and evaluating the scholarship
program. The committee shall consist of 11 members, to include
the executive director of the higher education coordinating
board or a representative, the commissioner of education or a
representative, two secondary school administrators and two
secondary teachers appointed by the commissioner of education,
the executive director of the academic excellence foundation, a
private college representative appointed by the president of the
Minnesota private college council, a community college
representative appointed by the community college chancellor, a
state university representative appointed by the state
university chancellor, and a University of Minnesota
representative appointed by the president of the University of
Minnesota. The committee expires as provided in section 15.059,
subdivision 5 June 30, 1993.
Sec. 13. Minnesota Statutes 1988, section 135A.05, is
amended to read:
135A.05 [TASK FORCE.]
The executive director of the Minnesota higher education
coordinating board shall 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 education division of the house
appropriations committee, 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 executive director or a designee
and staffed by the 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 biennial budget requests. The task force shall
submit a report on these matters to the legislature by December
1 of each odd-numbered year. The task force expires as provided
in section 15.059, subdivision 6 June 30, 1993.
Sec. 14. Minnesota Statutes 1988, section 135A.06,
subdivision 3, is amended to read:
Subd. 3. [SYSTEM PLANS.] Each system shall develop a
program plan for instruction, research, and public service.
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:
(1) a statement of program priorities for undergraduate,
graduate, and professional education, including data about
program cost and average class size within each institution;
(2) the effects of proposed programmatic and enrollment
changes on other systems and campuses;
(3) a review of plans for adjusting the number of
facilities, staff, and programs to projected level of demand,
including consideration of campus and program mergers, campus
and program closings, new governance structures, the
relationship between fixed costs and projected enrollment
changes, and consolidation of institutions, services, and
programs that serve the same geographic area under different
governing boards;
(4) a review of the current and projected use of community
outreach and extension programs including information on all
off-campus sites;
(3) (5) enrollment projections for two, five, and ten years
based on recent available projections produced by the higher
education coordinating board or, if different projections are
used, they shall be compared to those prepared by the higher
education coordinating board, and the system shall identify the
method and assumptions used to prepare its projections;
(4) (6) estimated financial costs and savings of
alternative plans for adjusting facilities, staff, and programs
to declining changing enrollments and fiscal resources;
(5) (7) opportunities for providing services cooperatively
with other public and private institutions in the same
geographic area; and
(6) (8) differentiating and coordinating missions to reduce
or eliminate duplication of services and offerings, to improve
delivery of services, and to establish clear and distinct roles
and priorities.
Sec. 15. [135A.15] [SEXUAL HARASSMENT AND VIOLENCE
POLICY.]
The governing board of each public post-secondary system
and each public post-secondary institution shall adopt a clear,
understandable written policy on sexual harassment and sexual
violence. The policy must apply to students and employees and
must provide information about their rights and duties. It must
include procedures for reporting incidents of sexual harassment
or sexual violence and for disciplinary actions against
violators. During student registration, each public
post-secondary institution shall provide each student with
information regarding its policy. Each private post-secondary
institution that enrolls students who receive state financial
aid must adopt a policy that meets the requirements of this
section. The higher education coordinating board shall
coordinate the policy development of the systems and
institutions and periodically provide for review and necessary
changes in the policies.
Sec. 16. Minnesota Statutes 1988, section 136.31,
subdivision 3, is amended to read:
Subd. 3. Such The bonds shall must be executed by such
the officers of said the board as shall be designated by said
the board to execute them and countersigned by the treasurer of
elected by the board. who shall be an officer duly elected by
the board; provided that at least one of such officers shall
sign each bond manually and the other signatures or
countersignature thereon and on the interest coupons may be
printed, lithographed, stamped or engraved thereon. Any bonds
bearing the signature of officers in office at the date of
signing thereof shall be valid and binding for all purposes,
notwithstanding that before delivery thereof any or all such
persons whose signatures appear thereon shall have ceased to be
such officers, or that any or all such persons did not hold such
offices at the date of such bonds.
Sec. 17. Minnesota Statutes 1988, section 136.31,
subdivision 5, is amended to read:
Subd. 5. Whenever If the board shall by resolution
determine determines that there are moneys in the possession of
its treasurer possesses money not currently needed, or which are
that is set aside in any a reserve, the board may in and by
such the resolution authorize and may direct the treasurer to
invest a specified amount thereof of the money in treasury bonds
or bills, certificates of indebtedness, bonds or notes of the
United States of America securities of the types described in
section 475.66. The securities so purchased shall must be
deposited with and held for the board by the board
treasurer. Whenever funds so If the invested are money is
needed by the board it shall direct its the treasurer to sell
the same all or a designated amount thereof of the
securities. All moneys Money collected thereon from the
investment by the board treasurer, as principal, interest, or
proceeds of sales, shall must be credited to and constitute made
a part of the fund and account for which the investment was is
made.
Sec. 18. Minnesota Statutes 1988, section 136A.02,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY GROUPS.] The board may appoint advisory
task forces to assist it in the study of higher education within
the state or in the administration of federal programs. The
task forces shall expire and the terms, compensation and removal
of members shall be are as provided in section 15.059, except
that the task force established under section 135A.05 and the
advisory councils established under subdivisions 6 and 7 expire
June 30, 1993.
Sec. 19. Minnesota Statutes 1988, section 136A.02,
subdivision 6, is amended to read:
Subd. 6. [HIGHER EDUCATION ADVISORY COUNCIL.] A higher
education advisory council is established. The council is
composed of the president of the University of Minnesota, the
chancellor of the state universities, the chancellor of the
community colleges, the state director of vocational technical
education, the commissioner of education, the president of the
private college council, and a representative from the Minnesota
association of private post-secondary schools. The advisory
council shall (1) bring to the attention of the board any
matters that the council deems necessary, (2) make appropriate
recommendations, (3) review and comment upon proposals and other
matters before the board, and (4) provide other assistance to
the board. The board shall periodically inform the council of
matters under consideration by the board. The board shall refer
all proposals to the council before submitting recommendations
to the governor and the legislature. The board shall provide
time for a report from the advisory council at each meeting of
the board.
The council shall report to the board at least quarterly.
The council shall determine its meeting times, but it shall also
meet within 30 days after a request by the executive director of
the board. The council expires as provided in section 15.059,
subdivision 5 June 30, 1993.
Sec. 20. Minnesota Statutes 1988, section 136A.02,
subdivision 7, is amended to read:
Subd. 7. [STUDENT ADVISORY COUNCIL.] A student advisory
council to the board is established. The members of the council
shall include the chair of the University of Minnesota
university student senate, the state chair of the Minnesota
state university student association, the president of the
Minnesota community college student association, the president
of the Minnesota vocational technical student association, the
president of the Minnesota association of private college
students, and a student who is enrolled in a private vocational
school registered under this chapter, to be appointed by the
Minnesota association of private post-secondary schools. A
member may be represented by a designee.
The advisory council shall:
(1) bring to the attention of the board any matter that the
council believes needs the attention of the board;
(2) make recommendations to the board as the council deems
appropriate;
(3) review and comment upon proposals and other matters
before the board;
(4) provide any reasonable assistance to the board; and
(5) select one of its members to serve as chair. The board
shall inform the council of all matters under consideration by
the board and shall refer all proposals to the council before
the board acts or sends the proposals to the governor or the
legislature. The board shall provide time for a report from the
advisory council at each meeting of the board.
The student advisory council shall report to the board
quarterly and at other times that the council considers
desirable. The council shall determine its meeting time, but
the council shall also meet with the executive director of the
board within 30 days after the director's request for a council
meeting. The student advisory council shall meet quarterly with
the higher education advisory council and the board executive
committee. The council expires as provided in section 15.059,
subdivision 5 June 30, 1993.
Sec. 21. Minnesota Statutes 1988, section 136A.04, is
amended to read:
136A.04 [DUTIES.]
Subdivision 1. The higher education coordinating board
shall:
(a) (1) continuously study and analyze all phases and
aspects of higher education, both public and private, and
develop necessary plans and programs to meet present and future
needs of the people of the state;
(b) (2) continuously engage in long-range planning for the
needs of higher education and, if necessary, cooperatively
engage in planning with neighboring states and agencies of the
federal government;
(c) (3) act as successor to any committee or commission
previously authorized to engage in exercising any of the powers
and duties prescribed by sections 136A.01 to 136A.07;
(d) (4) review, approve or disapprove, make
recommendations, and identify priorities with respect to all
proposals for new or additional programs of instruction or
substantial changes in existing programs to be established in or
offered by, the University of Minnesota, the state universities,
the community colleges, technical institutes, and private
collegiate and noncollegiate post-secondary institutions. The
board shall also periodically review existing programs and
recommend discontinuing or modifying any existing program. When
reviewing new or existing programs, the board shall consider
whether the program is unnecessary, a needless duplication of
existing programs, beyond the capability of the system or
institution considering its resources, or beyond the scope of
the system or institutional mission;
(e) (5) develop in cooperation with the post-secondary
systems, house appropriations committee, senate finance
committee, and the departments of administration and finance, a
compatible budgetary reporting format designed to provide data
of a nature to facilitate systematic review of the budget
submissions of the University of Minnesota, the state university
system, the community college system, and the technical
institutes, which includes the relating of dollars to program
output;
(f) (6) review budget requests, including plans for
construction or acquisition of facilities, of the University of
Minnesota, the state universities, the community colleges, and
technical institutes for the purpose of relating present
resources and higher educational programs to the state's present
and long-range needs; and conduct a continuous analysis of the
financing of post-secondary institutions and systems, including
the assessments as to the extent to which the expenditures and
accomplishments are consistent with legislative intent;
(g) (7) obtain from private post-secondary institutions
receiving state funds a report on their use of those funds;
(h) (8) continuously monitor and study the transferability
between Minnesota post-secondary and higher education
institutions of credits earned for equal and relevant work at
those institutions, the degree to which credits earned at one
institution are accepted at full value by the other
institutions, and the policies of these institutions concerning
the placement of these transferred credits on transcripts; and
(9) prescribe policies, procedures, and rules necessary to
administer the programs under its supervision.
Subd. 2. The higher education coordinating board shall
review and make recommendations regarding a plan or proposal for
a new or additional program of instruction or a substantial
change in an existing program of instruction to be offered by a
technical institute within 45 days of the transmission of
approval of the plan or proposal to the higher education
coordinating board by the state board for of vocational
technical education. The higher education coordinating board
shall then transmit a written explanation of its recommendations
within five days of board action to the director of the applying
technical institute and to the commissioner of state director of
vocational technical education.
Sec. 22. Minnesota Statutes 1988, section 136A.05, is
amended to read:
136A.05 [COOPERATION OF INSTITUTIONS OF HIGHER EDUCATION.]
All public institutions of higher education, all school
districts providing post-secondary vocational education, and all
state departments and agencies shall cooperate with and supply
information requested by the higher education coordinating board
in order to enable it to carry out and perform its duties.
Private post-secondary institutions are requested to cooperate
and provide information.
Sec. 23. Minnesota Statutes 1988, section 136A.08, is
amended to read:
136A.08 [RECIPROCAL AGREEMENTS RELATING TO NONRESIDENT
TUITION WITH OTHER STATES.]
Subdivision 1. [AUTHORIZATION.] The Minnesota higher
education coordinating board herein referred to as the board, in
addition to its general responsibility for cooperatively
engaging in planning higher education needs with neighboring
states pursuant to section 136A.04, may enter into agreements or
understandings which include, on subjects that include remission
of nonresident tuition for designated categories of students
at state public post-secondary institutions of higher education
and public technical institutes, with appropriate state agencies
and public post-secondary institutions of higher education in
other states to facilitate utilization of public higher
education institutions in this state and other states. Such The
agreements shall have as their be for the purpose of the mutual
improvement of educational advantages for residents of this
state and such other states or institutions of other states with
whom agreements are made.
Subd. 1a. [WISCONSIN.] At the discretion of the board, A
higher education reciprocity agreement with the state of
Wisconsin may include provision for the transfer of funds
between Minnesota and Wisconsin provided that an income tax
reciprocity agreement between Minnesota and Wisconsin is in
effect for the period of time included under the higher
education reciprocity agreement. If this provision for transfer
of funds between the two states is included in a collegiate
education reciprocity agreement, the amount of funds to be
transferred shall be determined according to a formula which is
mutually acceptable to the board and a duly designated agency
representing Wisconsin. Such The formula shall recognize
differences in tuition rates between the two states and the
number of students attending institutions in each state under
the agreement. Any payments to Minnesota by Wisconsin shall be
deposited by the board in the general fund of the state
treasury. The amount required for the payments shall be
certified by the executive director of the higher education
coordinating board to the commissioner of finance annually.
Subd. 2. [NORTH DAKOTA; SOUTH DAKOTA.] At the discretion
of the board, A reciprocity agreement with North Dakota may
include provision for the transfer of funds between Minnesota
and North Dakota. If provision for transfer of funds between
the two states is included in an agreement, the amount of funds
to be transferred shall be determined according to a formula
which is mutually acceptable to the board and a duly designated
agency representing North Dakota. In adopting a formula, the
board shall consider tuition rates in the two states and the
number of students attending institutions in each state under
the agreement. Any payment to Minnesota by North Dakota shall
be deposited by the board in the general fund. The amount
required for the payments shall be certified by the executive
director of the higher education coordinating board to the
commissioner of finance annually. All provisions in this
subdivision pertaining to North Dakota shall also be applied to
South Dakota and all authority and conditions granted for higher
education reciprocity with North Dakota are also granted for
higher education reciprocity with South Dakota.
Subd. 3. [FINANCIAL AID.] The board may enter into an
agreement, with a state with which it has negotiated a
reciprocity agreement for tuition, to permit students from both
states to receive student aid awards from the student's state of
residence for attending an eligible institution in the other
state.
Subd. 4. [GOVERNING BOARD APPROVAL.] No An agreement made
by the board pursuant to under this section shall be is not
valid as to a technical institute particular institution without
the approval of the state board for vocational education, as to
a state university without the approval of the state university
board, as to a community college without the approval of the
state board for community colleges, and as to the University of
Minnesota without the approval of the board of regents of the
University of Minnesota that institution's state governing board.
Sec. 24. Minnesota Statutes 1988, section 136A.101,
subdivision 1, is amended to read:
Subdivision 1. For purposes of sections 136A.09 136A.095
to 136A.131 136A.134, the terms defined in this section have the
meanings ascribed to them.
Sec. 25. Minnesota Statutes 1988, section 136A.101,
subdivision 7, is amended to read:
Subd. 7. "Student" means a person who 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, except
that for purposes of section 136A.132, student may include a
person enrolled less than half time.
Sec. 26. Minnesota Statutes 1988, section 136A.101,
subdivision 8, is amended to read:
Subd. 8. "Resident student" includes means a student who
meets one of the following conditions:
(1) an independent student who has resided in Minnesota for
purposes other than post-secondary education for at least 12
months;
(2) a dependent student whose parent or legal guardian
resides in Minnesota at the time the student applies;
(3) a student who graduated from a Minnesota high
school and has not since established residence in another state;
or
(4) a student who, after residing in the state for a
minimum of one year, earned a high school equivalency
certificate in Minnesota.
Sec. 27. Minnesota Statutes 1988, section 136A.121, is
amended to read:
136A.121 [SCHOLARSHIPS AND GRANTS-IN-AID GRANTS.]
Subdivision 1. [ELIGIBILITY FOR SCHOLARSHIPS.] An
applicant is eligible to be considered for a scholarship under
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 student
to an eligible institution of 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.
Subd. 2. [ELIGIBILITY FOR GRANTS-IN-AID GRANTS.] An
applicant is eligible to be considered for a grant-in-aid grant,
regardless of the applicant's sex, creed, race, color, national
origin, or ancestry, under sections 136A.09 136A.095 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 student to an eligible college or technical
institute of choice as defined in sections 136A.09 136A.095 to
136A.131;
(3) has met the financial need criteria established in
Minnesota Rules; and
(4) is not in default, as defined by the board, of any
federal or state student educational loan.
Subd. 3. [ALLOCATION.] Scholarships and grants-in-aid
shall Grants must be awarded on a funds available basis to those
applicants who meet the board's requirements.
Subd. 4. [SCHOLARSHIP STIPENDS.] An eligible scholarship
applicant shall be considered for a financial stipend if the
applicant demonstrates financial need. The amount of a
financial stipend 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) for an applicant who is not an independent student, 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 is $100.
Subd. 5. [GRANTS-IN-AID GRANT STIPENDS.] A financial
stipend based on financial need must accompany grants-in-aid.
The amount of a financial stipend must not exceed a grant
applicant's cost of attendance, as defined in subdivision 6,
after deducting the following:
(a) (1) a contribution by the grant applicant of at least
50 percent of the cost of attending the institution of the
applicant's choosing;
(b) (2) for an applicant who is not an independent student,
a contribution by the grant applicant's parents, as determined
by a standardized need analysis; and
(c) (3) the amount of a federal Pell grant award for which
the grant applicant is eligible.
The minimum financial stipend is $100.
Subd. 6. [COST OF ATTENDANCE.] The cost of attendance
consists of allowances specified by the board for room and board
and miscellaneous expenses, and
(a) (1) for public institutions, tuition and fees charged
by the institution; or
(b) (2) for private institutions, 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.
Subd. 7. [INSUFFICIENT APPROPRIATION.] If the amount
appropriated is determined by the board to be insufficient to
make full awards to applicants under subdivisions 4 and
subdivision 5, before any award for that year has been
disbursed, then awards shall must be reduced by
(a) (1) adding a surcharge to the contribution of the
applicant's parents, and
(b) (2) a percentage increase in the applicant's
contribution.
Subd. 9. [INITIAL AWARDS.] An undergraduate student who
has not previously received a scholarship or grant-in-aid grant
and who meets the board's requirements is eligible to apply for
and receive an initial scholarship or grant-in-aid grant in any
year of undergraduate study.
Subd. 10. [RENEWALS.] Each scholarship or grant-in-aid
shall grant must be awarded for one academic year, 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 has been enrolled full-time
or the equivalent for eight semesters or 12 quarters, whichever
occurs first.
Subd. 11. [RENEWAL CONDITIONS.] Each scholarship or
grant-in-aid grant is renewable, contingent on continued
residency in Minnesota, satisfactory academic standing,
recommendation of the eligible institution currently attended,
and evidence of continued need.
Subd. 12. [ANNUAL APPLICATION.] To continue to receive
a scholarship or grant-in-aid grant, the student shall must
apply for renewal each year.
Subd. 13. [DEADLINE.] The board shall accept applications
for state scholarships and grants-in-aid grants until February
15 and may establish a deadline for the acceptance of
applications that is later than February 15.
Subd. 15. All scholarship and grant-in-aid recipients
shall be notified of their awards by the board and shall be
given appropriate evidence of the award.
Subd. 16. [HOW APPLIED; ORDER.] Scholarships and
grants-in-aid Grants awarded under sections 136A.09 136A.095 to
136A.131 shall must be applied to educational costs in the
following order: tuition, fees, books, supplies, and other
expenses. Unpaid portions of the awards revert to
the scholarship or grant-in-aid grant account.
Subd. 17. [INDEPENDENT STUDENT INFORMATION.] The board
shall inform students, in writing, as part of the application
process, about the definition of independent student status and
appeals to the financial aid administrator relating to the
declaration of the status.
Sec. 28. [136A.125] [CHILD CARE GRANTS.]
Subdivision 1. [ESTABLISHMENT.] A child care grant program
is established under the supervision of the higher education
coordinating board. The program makes money available to
eligible students to reduce the costs of child care while
attending an eligible post-secondary institution. The board
shall develop policies and adopt rules as necessary to implement
and administer the program.
Subd. 2. [ELIGIBLE STUDENTS.] An applicant is eligible for
a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of
age or younger who is handicapped as defined in section 120.03,
and who is receiving or will receive care on a regular basis
from a licensed or legal, nonlicensed caregiver;
(3) is within the sliding fee scale income guidelines set
under section 256H.10, subdivision 2, as determined by a
standardized financial aid needs analysis in accordance with the
board's policies and rules, but is not a recipient of aid to
families with dependent children;
(4) has not earned a baccalaureate degree and has been
enrolled full time less than eight semesters, 12 quarters or the
equivalent;
(5) is pursuing a nonsectarian program or course of study
that applies to an undergraduate degree, diploma, or
certificate;
(6) is enrolled at least half time in an eligible
institution; and
(7) is in good academic standing and making satisfactory
progress, as determined by the institution.
Subd. 3. [ELIGIBLE INSTITUTION.] 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 is eligible to receive child
care funds from the board and disburse them to eligible students.
Subd. 4. [AMOUNT AND LENGTH OF GRANTS.] The amount of a
child care grant must be based on:
(1) the financial need of the applicant;
(2) the number of the applicant's children; and
(3) the cost of the child care,
as determined by the institution in accordance with board
policies and rules. The amount of the grant must cover the cost
of child care for all eligible children for the full number of
hours of education per week and may cover up to 20 hours per
week of employment for which child care is needed. The grant
must be awarded for one academic year.
Subd. 5. [INITIAL ALLOCATIONS TO INSTITUTIONS.] The board
initially shall allocate funds to an eligible institution based
on the number of its enrolled students with dependent children
who applied for state grants in the last academic year.
Subd. 6. [YEARLY ALLOCATIONS TO INSTITUTIONS.] The board
shall base yearly allocations on the need for and use of the
funds in the last academic year, and other relevant factors as
determined by the board in consultation with the institutions.
Subd. 7. [MONITORING AND REALLOCATION.] The board shall
establish procedures to (1) continually monitor the use of funds
throughout the year; (2) identify areas of unmet need for
grants; and (3) redistribute available funds in a timely manner
to meet the needs of eligible recipients.
Subd. 8. [INFORMATION.] The board shall develop and
provide information about the program to eligible post-secondary
institutions, human service agencies, and potential applicants.
Subd. 9. [REPORT.] Institutions must submit reports, when
requested by the board, on program activity including the number
of students served, the child care costs, and the number of
students on a waiting list for available funds. The reports
must also include the institution's method of prioritizing
applicants if insufficient funds are available.
Sec. 29. [CAMPUS ALTERNATIVES.]
Each public post-secondary system that operates child care
facilities on any of its campuses shall work with those campuses
to develop alternatives for students who cannot afford child
care. The alternatives may include, but are not limited to,
cooperative arrangements and work study employment. The systems
shall report on their efforts to the education divisions of the
house appropriations and senate finance committees by February
15, 1991.
Sec. 30. Minnesota Statutes 1988, section 136A.131, is
amended to read:
136A.131 [ACCOUNTING AND RECORDS.]
Subdivision 1. [ACCOUNTS.] The board shall establish and
maintain appropriate scholarship and grant-in-aid accounts and
related records of each recipient of a scholarship or
grant-in-aid awarded grant.
Subd. 2. [RULES, PAYMENT AND ACCOUNTING.] The board shall
provide by rule the method of payment of the scholarships and
grants-in-aid grant awarded hereunder and prescribe a system of
accounting to be kept by the institution selected by a recipient.
Subd. 3. [CERTIFICATION TO COMMISSIONER OF FINANCE.] Upon
proper verification for payment of a scholarship or grant-in-aid
as defined herein grant, the board shall certify to the
commissioner of finance the amount of the current payment to be
made to the scholarship winner or grant-in-aid grant recipient
in conformance with the rule of the board governing the method
of payment.
Subd. 4. [RECOVERY OF OVERPAYMENTS.] A recipient of a
grant must reimburse the board for overpayment. The amount of
reimbursement is the difference between the amount received and
the amount of actual entitlement as calculated by the board
after it makes its final findings under section 136A.121 and
rules implemented under that section. The amount of
reimbursement may include any costs or expenses, including
reasonable attorney fees, incurred by the agency in collecting
the debt. The reimbursement is recoverable from the recipient
or the recipient's estate. The agency may institute a civil
action, if necessary for recovery.
The recipient must not receive additional awards until the
overpayment is recovered or the recipient is making payments
under an approved plan. Additional awards for which the
recipient is eligible may be used to recover an unreimbursed
overpayment.
Sec. 31. Minnesota Statutes 1988, section 136A.132, is
amended to read:
136A.132 [PART-TIME STUDENT GRANT-IN-AID GRANT PROGRAM.]
Subdivision 1. [CREATION.] There is hereby created A
part-time student grant-in-aid grant program is created under
the supervision of the higher education coordinating board.
Subd. 2. [ELIGIBLE INSTITUTIONS.] Institutions eligible
for attendance by recipients of part-time student grants-in-aid
shall be grants are those institutions approved by the higher
education coordinating board as eligible institutions for the
state grant-in-aid grant program in accordance with section
136A.101.
Subd. 3. [STUDENT ELIGIBILITY.] An applicant is eligible
to be considered for a part-time student grant if the applicant:
(a) (1) is a resident of the state of Minnesota;
(b) (2) is an undergraduate student who has not earned a
baccalaureate degree;
(c) (3) is pursuing a program or course of study that
applies to a degree, diploma, or certificate; and
(d) (4) is attending an eligible institution 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; and
(5) is not in default, as defined by the board, of any
federal or state student educational loan.
Subd. 4. [SELECTION.] A recipient of a part-time
grant-in-aid shall grant must be selected by the post-secondary
education institution of attendance in accordance with
guidelines, policies and rules established by the higher
education coordinating board.
Subd. 5. [AMOUNT.] The amount of any part-time student
grant-in-aid grant award shall must 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.
Subd. 6. [LENGTH OF AWARD.] Part-time student
grants-in-aid shall grants must 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 are not be renewable, but the recipient of an award may
apply for additional awards for subsequent terms.
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 is eligible for an award for only one term.
Subd. 7. [INSTITUTIONAL ALLOCATION.] Funds appropriated
for part-time student grants-in-aid shall grants must be
allocated among eligible institutions by the higher education
coordinating board according to a formula which takes into
account the number of resident part-time students enrolled in
each institution and other relevant factors determined by the
board. However, an institution must may not receive less than
it would have received under the allocation formula used before
fiscal year 1988.
Sec. 32. Minnesota Statutes 1988, section 136A.134,
subdivision 4, is amended to read:
Subd. 4. [PROGRAM RECIPIENTS.] An eligible institution
shall select a recipient of a dislocated rural worker grant in
accordance with guidelines, policies, and rules established by
the board. The board may adopt emergency rules for awarding
grants only for the fiscal year beginning July 1, 1987.
Sec. 33. Minnesota Statutes 1988, section 136A.15,
subdivision 1, is amended to read:
Subdivision 1. For purposes of sections 136A.14 136A.15 to
136A.17 and section 136A.1701 136A.1702, the terms defined in
this section have the meanings ascribed to them.
Sec. 34. Minnesota Statutes 1988, 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
applicable regulations. 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 applicable regulations.
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. 35. Minnesota Statutes 1988, section 136A.15, is
amended by adding a subdivision to read:
Subd. 8. "Resident student" means a student who meets the
conditions in section 136A.101, subdivision 8.
Sec. 36. Minnesota Statutes 1988, section 136A.16,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding chapter 16B, the Minnesota
higher education coordinating board is hereby designated as the
administrative agency for carrying out the purposes and terms of
sections 136A.14 136A.15 to 136A.17 and section
136A.1701 136A.1702. The board may establish one or more loan
programs.
Sec. 37. Minnesota Statutes 1988, section 136A.16,
subdivision 2, is amended to read:
Subd. 2. The board shall adopt policies and prescribe
appropriate rules to carry out the purposes of sections 136A.14
136A.15 to 136A.17 and section 136A.1701 136A.1702. The
policies and rules except as they relate to loans under section
136A.1701 shall must be compatible with the provisions of the
National Vocational Student Loan Insurance Act of 1965 and the
provisions of title IV of the Higher Education Act of 1965, and
any amendments thereof.
Sec. 38. Minnesota Statutes 1988, section 136A.16,
subdivision 5, is amended to read:
Subd. 5. The board shall have the right to may contract
with guarantee agencies, insurance agencies, and/or collection
agencies, or any other person, to carry out the purposes of
sections 136A.14 136A.15 to 136A.17 and section 136A.1701
136A.1702.
Sec. 39. Minnesota Statutes 1988, section 136A.16,
subdivision 8, is amended to read:
Subd. 8. Moneys Money made available to the board which
are that is not immediately needed for the purposes of
sections 136A.14 136A.15 to 136A.17 and section 136A.1701
136A.1702 may be invested by the board. Such moneys shall The
money must be invested in bonds, certificates of indebtedness,
and other fixed income securities, except preferred stocks,
which are legal investments for the permanent school fund. Such
The money may also be invested in such prime quality commercial
paper as that is eligible for investment in the state employees
retirement fund. All interest and profits from such investments
shall inure to the benefit of the board.
Sec. 40. Minnesota Statutes 1988, section 136A.16,
subdivision 9, is amended to read:
Subd. 9. The board shall be empowered to may employ such
the professional and clerical staff as the director deems
necessary for the proper administration of the loan programs
established and defined by sections 136A.14 136A.15 to 136A.17
and section 136A.1701 136A.1702.
Sec. 41. Minnesota Statutes 1988, section 136A.16,
subdivision 10, is amended to read:
Subd. 10. Subject to its directives and review, the board
may delegate to the director the responsibility for issuance of
public information concerning provisions of sections 136A.14
136A.15 to 136A.17 and section 136A.1701 136A.1702, for design
of loan application forms, and for prescribing procedures for
submission of applications for loans.
Sec. 42. Minnesota Statutes 1988, 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 student
financial aid programs administered by that board shall be
classified as private data on individuals 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 and the cosigner give 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. 43. Minnesota Statutes 1988, section 136A.17,
subdivision 1, is amended to read:
Subdivision 1. A student shall be is eligible to apply for
a loan under the provisions of sections 136A.14 136A.15 to
136A.17 136A.1702 if the board finds that the student is an
eligible student as defined in those sections and is eligible
for a loan under federal laws and regulations governing the
federal guaranteed student loan programs.
Sec. 44. Minnesota Statutes 1988, section 136A.1701,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The higher
education coordinating board may provide for programs of loans
which may be made in lieu of or in addition to loans authorized
under sections 136A.14 136A.15 to 136A.17 136A.1702 and
applicable provisions of federal law as provided in this section.
Sec. 45. Minnesota Statutes 1988, section 136A.1701,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF PROGRAM.] The purpose of the loan
programs under this section is to provide financial assistance
for the post-secondary education of students who are eligible
students whether or not such students qualify for a loan or
loans under other provisions of sections 136A.14 136A.15 to
136A.17 136A.1702.
Loans granted to students shall may be used solely for
educational purposes.
Sec. 46. Minnesota Statutes 1988, section 136A.1701,
subdivision 5, is amended to read:
Subd. 5. [MAXIMUM LOANS FOR STUDENTS.] Loans made under
this section or sections 136A.14 136A.15 to 136A.17 136A.1702 to
an individual eligible student for vocational study may be made
for a maximum of three academic years or their equivalent and
loans made to any other individual eligible student may be made
for a maximum of eight academic years or their equivalent.
Sec. 47. Minnesota Statutes 1988, section 136A.172, is
amended to read:
136A.172 [NEGOTIABLE NOTES; ISSUANCE; CONDITIONS.]
The board may from time to time issue negotiable notes for
the purpose of sections 136A.14 136A.15 to 136A.179 and may from
time to time renew any notes by the issuance of new notes,
whether the notes to be renewed have or have not matured. The
board may issue notes partly to renew notes or to discharge
other obligations then outstanding and partly for any other
purpose. The notes may be authorized, sold, executed and
delivered in the same manner as bonds. Any resolution or
resolutions authorizing notes of the board or any issue thereof
may contain any provisions which the board is authorized to
include in any resolution or resolutions authorizing revenue
bonds of the board or any issue thereof, and the board may
include in any notes any terms, covenants or conditions which it
is authorized to include in any bonds. All such notes shall be
payable solely from the revenue of the board, subject only to
any contractual rights of the holders of any of its notes or
other obligations then outstanding.
Sec. 48. Minnesota Statutes 1988, section 136A.173,
subdivision 1, is amended to read:
Subdivision 1. The board may from time to time issue
revenue bonds for purposes of sections 136A.14 136A.15 to
136A.179 and all such revenue bonds, notes, bond anticipation
notes or other obligations of the board issued pursuant to
sections 136A.14 136A.15 to 136A.179 shall be and are hereby
declared to be negotiable for all purposes notwithstanding their
payment from a limited source and without regard to any other
law or laws. In anticipation of the sale of such revenue bonds,
the board may issue negotiable bond anticipation notes and may
renew the same from time to time, but the maximum maturity of
any such note, including renewals thereof, shall not exceed five
years from the date of issue of the original note. Such notes
shall be paid from any revenues of the board available therefor
and not otherwise pledged, or from the proceeds of sale of the
revenue bonds of the board in anticipation of which they were
issued. The notes shall be issued in the same manner as the
revenue bonds. Such notes and the resolution or resolutions
authorizing the same may contain any provisions, conditions or
limitations which a bond resolution or the board may contain.
Sec. 49. Minnesota Statutes 1988, section 136A.174, is
amended to read:
136A.174 [SECURITY FOR BONDS.]
In the discretion of the board any revenue bonds issued
under the provisions of sections 136A.14 136A.15 to 136A.179 may
be secured by a trust agreement by and between the board and a
corporate trustee or trustees, which may be any trust company or
bank having the powers of a trust company within the state.
Such trust agreement or the resolution providing for the
issuance of such revenue bonds may pledge or assign the revenues
to be received or proceeds of any contract or contracts pledged
or any portion thereof. Such trust agreement or resolution
providing for the issuance of such revenue bonds may contain
such provisions for protecting and enforcing the rights and
remedies of the bondholders as may be reasonable and proper and
not in violation of laws, including particularly such provisions
as have hereinabove been specifically authorized to be included
in any resolution or resolutions of the board authorizing
revenue bonds thereof. Any bank or trust company incorporated
under the laws of the state which may act as depository of the
proceeds of bonds or of revenues or other moneys may furnish
such indemnifying bonds or pledges such securities as may be
required by the board. Any such trust agreement may set forth
the rights and remedies of the bondholders and of the trustee or
trustees and may restrict the individual right of action by
bondholders. In addition to the foregoing, any such trust
agreement or resolution may contain such other provisions as the
board may deem reasonable and proper for the security of the
bondholders.
Sec. 50. Minnesota Statutes 1988, section 136A.175,
subdivision 4, is amended to read:
Subd. 4. All such revenue bonds shall be subject to the
provisions of sections 136A.14 136A.15 to 136A.179 in the same
manner and to the same extent as other revenue bonds issued
pursuant to sections 136A.14 136A.15 to 136A.179.
Sec. 51. Minnesota Statutes 1988, section 136A.176, is
amended to read:
136A.176 [BONDS NOT STATE OBLIGATIONS.]
Bonds issued under authority of sections 136A.14 136A.15 to
136A.179 do not, and shall state that they do not, represent or
constitute a debt or pledge of the faith and credit of the
state, grant to the owners or holders thereof any right to have
the state levy any taxes or appropriate any funds for the
payment of the principal thereof or interest thereon. Such
bonds are payable and shall state that they are payable solely
from the rentals, revenues, and other income, charges, and
moneys as are pledged for their payment in accordance with the
bond proceedings.
Sec. 52. Minnesota Statutes 1988, section 136A.177, is
amended to read:
136A.177 [RIGHTS OF BONDHOLDERS.]
Any holder of revenue bonds issued under the provisions of
sections 136A.14 136A.15 to 136A.179 or any of the coupons
appertaining thereto, and the trustee or trustees under any
trust agreement, except to the extent the rights herein given
may be restricted by any resolution authorizing the issuance of,
or any such trust agreement securing, such bonds, may, either at
law or in equity, by suit, action, mandamus, or other
proceedings, protect and enforce any and all rights under the
laws of the state or granted hereunder or under such resolution
or trust agreement, and may enforce and compel the performance
of all duties required by sections 136A.14 136A.15 to 136A.179
or by such resolution or trust agreement to be performed by the
board or by any officer, employee or agent thereof, including
the fixing, charging and collecting of the rates, rents, fees
and charges herein authorized and required by the provisions of
such resolution or trust agreement to be fixed, established and
collected.
Sec. 53. Minnesota Statutes 1988, section 136A.178, is
amended to read:
136A.178 [LEGAL INVESTMENTS; AUTHORIZED SECURITIES.]
Bonds issued by authority under the provisions of sections
136A.14 136A.15 to 136A.179 are hereby made securities in which
all public officers and public bodies of the state and its
political subdivisions, all insurance companies, trust
companies, banking associations, investment companies,
executors, administrators, trustees and other fiduciaries may
properly and legally invest funds, including capital in their
control or belonging to them; it being the purpose of this
section to authorize the investment in such bonds of all
sinking, insurance, retirement, compensation, pension and trust
funds, whether owned or controlled by private or public persons
or officers; provided, however, that nothing contained in this
section may be construed as relieving any person, firm, or
corporation from any duty of exercising due care in selecting
securities for purchase or investment; and provided further,
that in no event shall assets of pension funds of public
employees of the state of Minnesota or any of its agencies,
board or subdivisions, whether publicly or privately
administered, be invested in bonds issued under the provisions
of sections 136A.14 136A.15 to 136A.179. Such bonds are hereby
constituted "authorized securities" within the meaning and for
the purposes of section 50.14. Such bonds are hereby made
securities which may properly and legally be deposited with and
received by any state or municipal officer or any agency or
political subdivision of the state for any purpose for which the
deposit of bonds or obligations of the state now or may
hereafter be authorized by law.
Sec. 54. Minnesota Statutes 1988, section 136A.179, is
amended to read:
136A.179 [PUBLIC PURPOSE; TAX FREE STATUS.]
The exercise of the powers granted by sections 136A.14
136A.15 to 136A.179 will be in all respects for the benefit of
the people of this state, for the increase of their commerce,
welfare and prosperity, and for the improvement of their health
and living conditions, and as providing loans by the board or
its agent will constitute the performance of an essential public
function.
Sec. 55. Minnesota Statutes 1988, section 136A.233, is
amended to read:
136A.233 [WORK-STUDY GRANTS.]
Subdivision 1. [ALLOCATION TO INSTITUTIONS.]
Notwithstanding the provisions of sections 136A.09 to 136A.131,
The higher education coordinating board may offer work-study
grants to eligible post-secondary institutions according to the
resident full-time equivalent enrollment of all eligible
post-secondary institutions that apply to participate in the
program. The board shall seek to equalize work-study job
opportunities by also taking into account student employment
needs at eligible institutions. Each institution wishing to
receive a work-study grant shall submit to the board, in
accordance with policies and procedures established by the
board, an estimate of the amount of funds needed by the
institution. and The amount allocated to any institution shall
not exceed the estimate of need submitted by the institution.
Any funds which would be allocated to an institution according
to full-time equivalent enrollment but which exceed the estimate
of need by the institution or the actual need of the institution
may be reallocated by the board to other institutions for which
the estimate of need exceeds the amount of allocation according
to enrollment. The institution must not receive less than it
would have received under the allocation formula used before
fiscal year 1988. No more than one-half of any increase in
appropriations, attributable to this section, above the level
before fiscal year 1988 may be allocated on the basis of
identified student employment needs at eligible institutions.
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231
to 136A.234, the following words defined in this subdivision
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) "Minnesota resident" means a student who meets the
conditions in section 136A.101, subdivision 8.
(c) "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) (d) "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) (e) "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.
(e) (f) "Independent student" has the meaning given it in
the Higher Education Act of 1965, United States Code, title 20,
section 1070a-6, and applicable regulations.
Subd. 3. [PAYMENTS.] Work-study payments shall be made to
eligible students by post-secondary institutions as
follows: provided in this subdivision.
(a) Students shall be selected for participation in the
program by the post-secondary institution on the basis of
student financial need.
(b) No eligible student shall be employed under the state
work-study program while not a full time student; provided, with
the approval of the institution, a full time student who becomes
a part-time student during an academic year may continue to be
employed under the state work-study program for the remainder of
the academic year.
(c) Students will be paid for hours actually worked and the
maximum hourly rate of pay shall not exceed the maximum hourly
rate of pay permitted under the federal college work-study
program.
(d) Minimum pay rates will be determined by an applicable
federal or state law.
(e) Not less than 20 percent of the compensation paid to
the student under the state work-study program shall be paid by
the eligible employer.
(f) Each post-secondary institution receiving funds for
state work-study grants shall make a reasonable effort to place
work-study students in employment with eligible employers
outside the institution.
(g) The percent of the institution's work-study allocation
provided to graduate students shall not exceed the percent of
graduate student enrollment at the participating institution.
Sec. 56. Minnesota Statutes 1988, section 136A.26,
subdivision 1a, is amended to read:
Subd. 1a. [PRIVATE COLLEGE COUNCIL MEMBER.] The chief
executive officer president of the Minnesota private college
council, or the president's designee, shall serve, without
compensation, as an advisory, nonvoting member of the authority.
Sec. 57. Minnesota Statutes 1988, section 136A.29,
subdivision 9, is amended to read:
Subd. 9. The authority is authorized and empowered to
issue revenue bonds whose aggregate principal amount at any time
shall not exceed $150,000,000 $250,000,000 and to issue notes,
bond anticipation notes, and revenue refunding bonds of the
authority under the provisions of sections 136A.25 to 136A.42,
to provide funds for acquiring, constructing, reconstructing,
enlarging, remodeling, renovating, improving, furnishing, or
equipping one or more projects or parts thereof.
Sec. 58. Minnesota Statutes 1988, section 136A.69, is
amended to read:
136A.69 [FEES.]
The board may collect reasonable registration fees not to
exceed $200 $400 for an initial registration of each school and
$150 $250 for each annual renewal of such an existing
registration.
Sec. 59. Minnesota Statutes 1988, section 136C.04,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The state board shall possess
all powers necessary and incident to the management,
jurisdiction, and governance of post-secondary vocational
education. These powers shall include, but are not limited to,
those enumerated in this section. The state board may adopt
policies as necessary to perform its duties.
Sec. 60. Minnesota Statutes 1988, section 136C.04,
subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT OF STATE DIRECTOR.] The state board
shall appoint a state director of vocational technical education
who shall serve in the unclassified service. The state director
shall be qualified by training and experience in the field of
education, vocational education, or administration. The state
director shall possess powers and perform duties as delegated by
the state board. The state board shall set the salary of the
state director. The state director may be paid an allowance not
to exceed $2,000 annually for miscellaneous expenses in
connection with duties of the office. The provisions of chapter
16A shall not apply to these expenditures, but the state board
shall prescribe the manner, amount, and purpose of the
expenditures and report to the legislature on the expenditures
by December 1 of each even-numbered year.
Sec. 61. Minnesota Statutes 1988, section 136C.04,
subdivision 6, is amended to read:
Subd. 6. [ACCOUNTING AND REPORTING STANDARDS.] The state
board shall maintain the uniform financial accounting and
reporting system according to the provisions of sections 121.90
to 121.917, except that reports required by section 121.908 must
be submitted to the state board on dates determined by the state
board. All expenditures and revenue related to summer session
credit courses must be recognized in the fiscal year in which
the course begins.
Sec. 62. Minnesota Statutes 1988, section 136C.04,
subdivision 9, is amended to read:
Subd. 9. [LICENSURE.] The state board may promulgate adopt
rules, according to the provisions of under chapter 14, for
licensure of teaching, support, and supervisory personnel in
post-secondary and adult vocational education. The state board
may adopt emergency licensure rules, according to sections 14.29
to 14.36, When necessary for continuous programs approved by the
board and when the board determines that appropriate licensure
standards do not exist., the state board may adopt appropriate
temporary standards without regard to chapter 14 and may issue
temporary licenses to teaching and support personnel. A
temporary license is valid for up to one year and is not
renewable, but a person holding a temporary license may, upon
its expiration, be issued a license in accordance with standards
adopted under chapter 14. The state board may establish a
processing fee for the issuance, renewal, or extension of a
license.
Sec. 63. Minnesota Statutes 1988, section 136C.04,
subdivision 10, is amended to read:
Subd. 10. [ALLOCATION.] The state board shall allocate
state and federal money for post-secondary vocational education.
Money received from federal sources, other than as provided in
this chapter, and money received from other sources, not
including the state, shall not be taken into account in
determining appropriations or allocations. The board shall take
into consideration the unreserved fund balances of each
technical institute.
Sec. 64. Minnesota Statutes 1988, section 136C.04,
subdivision 18, is amended to read:
Subd. 18. [COMPUTER SALES AND MAINTENANCE.] The state
board of vocational technical education or a school board may
sell computers and related products to its technical institute
staff and technical institute 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. 65. Minnesota Statutes 1988, section 136C.042,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTION.] Associate degrees offered by the
area vocational technical institutes prior to January 1, 1981,
shall not be subject to the provisions of subdivision 1.
Sec. 66. Minnesota Statutes 1988, section 136C.05, is
amended by adding a subdivision to read:
Subd. 5. [USE OF PROPERTY.] A school board must not sell,
lease, or assign technical institute property for purposes other
than technical institute activities without the approval of the
state director. A school board need not obtain approval for
uses that are incidental.
Sec. 67. Minnesota Statutes 1988, section 136C.05, is
amended by adding a subdivision to read:
Subd. 6. [ACCOUNTING.] The school board shall maintain, in
accordance with section 136C.04, subdivision 6, separate
revenue, expenditure, asset, and liability accounts for
technical institutes within funds separate from all other
district funds.
Sec. 68. Minnesota Statutes 1988, section 136C.07,
subdivision 4, is amended to read:
Subd. 4. If the petition is approved, the school shall be
established by the district and classified by the state board as
a technical institute and conducted under the general
supervision of the state board in accordance with the policy and
rules of the state board. Notwithstanding the provisions of
subdivision 3 and of this subdivision, after June 30, 1975, no
area vocational A technical school institute shall be
established unless specific legislation has authorized its
establishment only by a specific law.
Sec. 69. Minnesota Statutes 1988, section 136C.075, is
amended to read:
136C.075 [COMPENSATION FOR PERFORMANCE EVALUATIONS BY STATE
EMPLOYEES.]
Notwithstanding any law to the contrary, a state employee
who is asked by the department of education state board to
undertake a performance evaluation of a technical institute may
be compensated at the rate provided for in section 15.059.
To be eligible for compensation under this section, a state
employee must take an unpaid leave of absence for the period of
time the employee performs the evaluation.
Sec. 70. Minnesota Statutes 1988, section 136C.08,
subdivision 1, is amended to read:
Subdivision 1. Any A school board or joint school board
operating an area vocational a technical school, pursuant to
section 136C.07; Laws 1967, chapter 822, as amended; Laws 1969,
chapter 775, as amended; or Laws 1969, chapter 1060, as amended,
institute may make, adopt and enforce rules, regulations or
ordinances for the regulation of traffic and parking in parking
facilities and on private roads and roadways situated on
property owned, leased, occupied or operated by the board.
Sec. 71. Minnesota Statutes 1988, section 136C.15, is
amended to read:
136C.15 [STUDENT ASSOCIATIONS.]
Every school board governing a technical institute shall
give recognition as an authorized extracurricular activity to a
technical institute student association affiliated with the
Minnesota vocational technical student association. The student
association is authorized to collect a reasonable fee from
students to finance the activities of the association in an
amount determined by the governing board of the technical
institute which has recognized it.
Every governing body which recognizes a student association
shall deposit the fees in a student association fund. The money
in this fund shall be available for expenditure for student
recreational, social, welfare, charitable, and educational
pursuits supplemental to the regular curricular
offerings activities approved by the student association. The
money in the fund is not public money.
Sec. 72. Minnesota Statutes 1988, section 136C.31, is
amended by adding a subdivision to read:
Subd. 3. [AID AND TUITION.] All technical institute money
and tuition must be used solely for post-secondary vocational
technical education.
Sec. 73. Minnesota Statutes 1988, section 136C.36, is
amended to read:
136C.36 [PAYMENT OF TECHNICAL INSTITUTE INSTRUCTIONAL AID
MONEY.]
Eighty-five percent of the estimated post-secondary
vocational instructional aid entitlement for instructional
expenditures for each district the technical institutes shall be
paid during the fiscal year of entitlement for which it is
appropriated in 11 uniform monthly payments from July to
May. The final payment must be made on the first business day
of July in the following fiscal year.
The amount of entitlement, adjusted for actual data, minus
the payments made during the fiscal year of entitlement, shall
be the final adjustment paid to each district on the first
business day of July in the fiscal year following entitlement.
Sec. 74. Minnesota Statutes 1988, section 136C.43,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE; APPROPRIATION.] For the purpose
of providing money appropriated from the vocational technical
building fund for the acquisition of public land, buildings, and
capital improvements needed for the state plan for the
administration of vocational education in accordance with the
provisions of section 136C.42, when requested by the state board
of education, the commissioner of finance shall sell and issue
bonds of the state of Minnesota for the prompt and full payment
of which, with interest thereon, the full faith and credit and
taxing powers of the state are irrevocably pledged. Bonds shall
be issued pursuant to this section only as authorized by a law
specifying the purpose thereof and the maximum amount of the
proceeds authorized to be expended therefor, as set forth in
section 136C.42. Any such law, together with this section and
the laws herein referred to, constitutes complete authority for
the issue, and such bonds shall not be subject to restrictions
or limitations contained in any other law.
Sec. 75. Minnesota Statutes 1988, section 169.44,
subdivision 18, is amended to read:
Subd. 18. [MOTOR COACH USED FOR SCHOOL ACTIVITIES.] A
school district or a technical institute shall not acquire a
motor coach. Motor coaches acquired by school districts or area
vocational technical institutes before March 26, 1986 may be
used by school districts or area vocational technical institutes
only to transport students participating in school activities,
their instructors, and supporting personnel, to and from school
activities. The motor coaches shall not in any way be outwardly
equipped and identified as school buses. A motor coach operated
under this subdivision is not a school bus for purposes of
section 124.225. By August 1, 1986, the state board of
education shall adopt rules governing the equipment,
identification, operation, inspection, and certification of
motor coaches operated under this subdivision. After January 1,
1998, a school district or technical institute shall not own or
operate a motor coach for any purpose.
Sec. 76. Minnesota Statutes 1988, section 275.125,
subdivision 14a, is amended to read:
Subd. 14a. [LEVY FOR LOCAL SHARE OF TECHNICAL INSTITUTE
CONSTRUCTION.] (a) The definitions in section 136C.02 apply to
this subdivision. "Construction" includes acquisition and
betterment of land, buildings, and capital improvements for
technical institutes.
(b) A district maintaining a technical institute may levy
for its local share of the cost of construction of technical
institute facilities for the technical institute as provided in
this subdivision.
(c) The construction must be authorized by a specific
legislative act pursuant to section 136C.07, subdivision 5,
after January 1, 1980. The specific legislative act must
require that the state to pay part of the cost of technical
institute construction for post-secondary vocational purposes
shall be financed by the state and that the district to pay part
of the cost of construction for post-secondary vocational
purposes shall be financed by the school district operating the
technical institute.
(d) The district may levy an amount equal to the local
share of the cost of technical institute construction for
post-secondary vocational purposes, minus the amount of
any unappropriated unreserved net balance in the
district's post-secondary vocational technical institute
building construction fund. A district may levy the total
amount authorized by this subdivision in one year, or a
proportionate amount of the total authorized amount each year
for up to three successive years.
(e) By the July August 1 before a district certifies the
first levy pursuant to this subdivision for the local share of
any construction project, at least three weeks published notice
of the proposed levy shall be given in the legal newspaper with
the largest circulation in the district. The notice shall state
the purpose and duration of the proposed levy, the duration of
the proposed levy and the amount of the proposed levy in dollars
and mills. Upon petition within 20 days after the notice of the
greater of (a) 50 voters, or (b) 15 percent of the number of
voters who voted in the district at the most recent regular
school board election, the board shall call a referendum on the
proposed levy. The referendum shall be held on a date set by the
school board, but no later than the August September 20 before
the levy is certified. The question on the ballot shall state
the amount of the proposed levy in mills on the district's
adjusted gross tax capacity and in dollars in the first year of
the proposed levy.
(f) For the purposes of this subdivision, "construction"
includes the acquisition and betterment of land, buildings and
capital improvements for technical institutes.
(g) A district may not levy for the cost of a construction
project pursuant to this subdivision if it issues any bonds to
finance any costs of the project.
Sec. 77. Minnesota Statutes 1988, section 354.094,
subdivision 1a, is amended to read:
Subd. 1a. [EXCEPTION FOR LEAVES SINCE 1981-1982.]
Notwithstanding subdivision 1, the following provisions apply to
elementary, and secondary school and area vocational technical
school institute teachers whose extended leaves begin in the
1981-1982, 1982-1983, or 1983-1984 school year:
(a) A member whose application states the intention to pay
employee contributions into the fund, requests state payment of
employer contributions, and is approved by the commissioner
within the limits of section 125.60, subdivision 7, may pay
employee contributions and receive allowable service credit
toward annuities and other benefits under this chapter for each
year of the leave during the period of the leave which shall not
exceed five years;
(b) The state shall pay employer contributions into the
fund for a member described in clause (a) for no more than the
first three years of the leave, provided the member who is on
extended leave pays the employee contribution into the fund by
the payment date specified in subdivision 1;
(c) A member whose application is approved as to the
member's eligibility under section 125.60, subdivisions 1 and 2
but whose application does not request state payment of employer
contributions or is disapproved as to state payment of employer
contributions, or who is in the fourth or fifth year of leave
affected by clause (b) may pay employee contributions and
receive allowable service credit as provided in subdivision 1 if
the member and the employing school board make the required
employer contribution, in any proportion which they may agree
upon, by the payment date specified in subdivision 1.
Sec. 78. Minnesota Statutes 1988, section 354.094,
subdivision 1b, is amended to read:
Subd. 1b. [PRE-MAY 16, 1981 LEAVE EXCEPTION.]
Notwithstanding subdivision 1, the following provisions apply
only to elementary, and secondary, school and area vocational
technical school institute teachers whose extended leaves began
in the 1978-1979, 1979-1980, or 1980-1981 school years:
(a) A member whose period of extended leave began on or
before May 15, 1981, may pay employee contributions and receive
allowable service credit toward annuities and other benefits
under this chapter for each year of the leave during the period
of the leave which does not exceed five years;
(b) The state shall pay employer contributions into the
fund for a member described in clause (a) of this subdivision
for each year of the leave for which the member who is on
extended leave pays the employee's contribution into the fund by
the payment date specified in subdivision 1.
Sec. 79. Minnesota Statutes 1988, section 354A.091,
subdivision 1a, is amended to read:
Subd. 1a. [EXCEPTION FOR LEAVES SINCE 1981-1982.]
Notwithstanding subdivision 1, the following provisions apply to
elementary, and secondary school and area vocational technical
school institute teachers whose extended leaves begin in the
1981-1982, 1982-1983, or 1983-1984 school year:
(a) A member whose application states the intention to pay
employee contributions to the applicable association, requests
state payment of the employer contribution, and is approved by
the commissioner within the limits of section 125.60,
subdivision 7, may pay employee contributions to the applicable
association and receive allowable service credit in that
association for each year of leave during the period of the
leave, which shall not exceed five years;
(b) The state shall pay employer contributions for a member
described in clause (a) for no more than the first three years
of the leave, provided the member who is on extended leave pays
the employee contribution to the applicable association by the
payment date specified in subdivision 1;
(c) A member whose application is approved as to the
member's eligibility under section 125.60, subdivisions 1 and 2
but whose application does not request state payment of employer
contributions or is disapproved as to state payment of employer
contributions, or who is in the fourth or fifth year of leave
affected by clause (b) may pay employee contributions and school
teachers whose extended leaves began in the 1978-1979, 1979-1980
or 1980-1981 school years:
(a) A member whose period of extended leave began on or
before May 15, 1981, may pay employee contributions and receive
allowable service credit toward annuities and other benefits
under this chapter for each year of the leave during the period
of the leave which does not exceed five years;
(b) The state shall pay employer contributions into the
applicable fund for a member described in clause (a) of this
subdivision for each year of the leave for which the member who
is on extended leave pays the employee's contribution into the
fund by the payment date specified in subdivision 1.
Sec. 80. Minnesota Statutes 1988, section 355.46,
subdivision 3, is amended to read:
Subd. 3. [SOCIAL SECURITY CONTRIBUTIONS.] The employer
taxes due with respect to employment by educational employees
who have made their selection pursuant to section 218(d)(6)(C)
of the Social Security Act, shall be paid in the following
manner:
(a) Contributions required to be made for current service
by political subdivisions employing educational employees and
payments required by section 355.49 shall be paid by the
political subdivision. Payments for school district or area
vocational technical institute employees who are paid from
normal operating funds, shall be made from the appropriate fund
of the district or area vocational technical institute. The
state shall make payments for services rendered prior to July 1,
1986.
(b) Contributions required to be made with respect to
educational employees of state departments and institutions and
payments required by section 355.49 shall be paid by the
departments and institutions in accordance with the provisions
of sections 355.49 and 355.50.
Sec. 81. Laws 1988, chapter 703, article 1, section 23, is
amended to read:
Sec. 23. [FACULTY EXCHANGE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A program of faculty
exchange for the 1988-1989 1989-1990 and 1990-1991 academic year
years is established to allow school districts and
post-secondary institutions to arrange temporary exchanges
between members of their instructional staff staffs. These
arrangements must be made on a voluntary, cooperative basis
between the a school district and the post-secondary institution
, or between post-secondary institutions. Exchanges between
post-secondary institutions may occur between campuses in the
same system or in different systems.
Subd. 2. [USES OF PROGRAM.] Each participating school
district and post-secondary institution may determine the way in
which the instructional staff member's time is to be used, but
it must be in a way that promotes understanding of the needs of
each educational system or institution. A public school teacher
might be used to teach courses, provide counseling and tutorial
services, assist with the preparation of future teachers, or
take professional development courses. A post-secondary
instructor might teach advanced placement courses or other
classes to aid an underserved population at the school district,
counsel students about future education plans, or work with
teachers to better prepare students for post-secondary education.
Participation need not be limited to one school or institution
and may involve other groups including educational cooperative
service units.
Subd. 3. [SALARIES, BENEFITS, CERTIFICATION.] Exchanges
made under the program must not have a negative effect on
participants' salaries, seniority, or other benefits.
Notwithstanding Minnesota Statutes, sections 123.35, subdivision
6, and 125.04, a member of the instructional staff of a
post-secondary institution may teach in an elementary or
secondary school or perform a service, agreed upon according to
this section, for which a license would otherwise be required
without holding the applicable license. In addition, a licensed
employee of a school district may teach or perform a service,
agreed upon according to this section, at a post-secondary
institution without meeting the applicable qualifications of the
post-secondary institution. A school district is not subject to
Minnesota Statutes, section 124.19, subdivision 3, as a result
of entering into an agreement according to this section that
enables a post-secondary instructional staff member to teach or
provide services in the district. All arrangements and details
regarding the exchange must be mutually agreed to by the each
participating school district and post-secondary institution
before implementation.
Subd. 4. [REPORT OF PILOT PROGRAMS.] While these exchanges
are voluntary, the legislature intends to maintain oversight to
determine the benefits and problems of the program. By February
1, 1989 1991, each post-secondary system shall submit a report
about the faculty exchange program to the chairs of the house
education, higher education, and appropriations committees and
the senate education and finance committees. The report shall
contain the number of instructional staff participating in the
exchange, areas of instruction, costs associated with the
exchange, use of appropriations, and other relevant issues
related to the exchange.
Sec. 82. [EXCHANGES BETWEEN EDUCATION FACULTY.]
Subdivision 1. [AUTHORITY, LIMITS.] The state university
board and the board of regents of the University of Minnesota
may develop programs to exchange faculty between colleges or
schools of education and school districts, subject to section
81, subdivision 3.
The programs must be used to assist in improving teacher
education by involving current teachers in education courses and
placing post-secondary faculty in elementary and secondary
classrooms. Programs must include exchanges that extend beyond
the immediate service area of the institution to address the
needs of different types of schools, students, and teachers.
Subd. 2. [COMPENSATION.] The appropriations provided to
the board of regents of the University of Minnesota and the
state university board in the omnibus elementary and secondary
education finance act, 1989 H.F. No. 654, are to defray the
costs of participants in the faculty exchange under this
section. They are intended to compensate for expenses that are
unavoidable and beyond the normal living expenses exchange
participants would incur if they were not involved in this
exchange. The state university board, the board of regents of
the University of Minnesota, and their respective campuses, in
conjunction with the participating school districts, must
control costs for all participants as much as possible, through
means such as arranging housing exchanges, providing campus
housing, and providing university, state, or school district
cars for transportation. Additionally the boards and campuses
may seek other sources of funding to supplement these
appropriations if necessary.
Sec. 83. [EMERGENCY RULES.]
The higher education coordinating board may adopt emergency
rules, as provided under Minnesota Statutes, sections 14.29 to
14.36, for awarding child care grants for the 1989-1990 academic
year. The board shall consult with its financial aid advisory
committee and the higher education advisory council before
adopting the rules.
Sec. 84. [TWO-WAY INTERACTIVE TELEVISION SYSTEMS.]
The information policy office in the department of
administration, and the information policy advisory task force,
shall consult with representatives of the HECB, the public
post-secondary governing boards, private colleges, and the
department of education, when developing the communications and
technology capabilities, plans, and needs of state government.
The criteria developed by the instructional technology task
force, as reported to the 1989 legislature, shall be utilized
for evaluating any projects or systems. A report shall be
submitted on the activities, plans, financial implications, and
anticipated outcomes, to the chairs of the finance and
appropriation committees by February 15, 1990. Until the report
is received by the legislature, the public post-secondary
systems may not initiate action to purchase, contract for, or
otherwise commit themselves to new two-way interactive
television equipment, or to systems or service (other than
maintenance agreements), that expand the capacity of two-way
interactive television, beyond those which are contracted for
prior to enactment of this act.
Sec. 85. [REPEALER.]
Subdivision 1. [JUNE 30, 1989.] Minnesota Statutes 1988,
sections 121.936, subdivision 1a; 136A.042; 136A.111; 136A.121,
subdivision 15; 136A.14; 136A.141; 136A.142; 136A.51; 136A.52;
136A.53; 136A.55; 136C.07, subdivisions 1, 2, 3, and 6; 136C.21;
136C.211; 136C.212; 136C.213; 136C.22; 136C.221; 136C.222;
136C.223; 136C.25; 136C.26, subdivisions 1, 3, 4, 5, 6, 7, and
9; 136C.27, subdivision 2; 136C.28, subdivisions 1 and 2;
136C.29; 136C.33, subdivisions 1 and 2; 136C.42; 136C.43,
subdivisions 1, 2, and 3; 256H.07; and 256H.13 are repealed June
30, 1989.
Subd. 2. [JUNE 30, 1990.] Minnesota Statutes 1988,
sections 136A.09; 136A.101, subdivision 6; 136A.121,
subdivisions 1 and 4; and 136A.225 are repealed June 30, 1990.
Sec. 86. [EFFECTIVE DATE.]
Section 4, subdivision 4; section 5, subdivision 4; and
section 84 are effective the day following final enactment.
Presented to the governor May 30, 1989
Signed by the governor May 30, 1989, 12:43 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes