Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 212-H.F.No. 1856
An act relating to education; appropriating money for
education and related purposes to the higher education
services office, board of trustees of the Minnesota
state colleges and universities, board of regents of
the University of Minnesota, and the Mayo medical
foundation, with certain conditions; modifying
appropriations for instructional services; permitting
an admission fee waiver; modifying participation in
post-secondary enrollment options; requiring and
requesting a semester system and a common calendar;
creating definitions and actions during financial
emergencies; establishing a nursing grant program;
regulating student association changes; requiring
administrative interaction with students; requiring
certain communication through an exclusive
representative; modifying use of education institution
data; extending the repeal of the farmer-lender
mediation act; extending time for POST board funding
change; assigning duties to the library and
information services task force; establishing
electronic credit tracking; setting goals for
compensation plans and labor agreements; requiring
review of the Akita program; requiring efficiency in
use of facilities; establishing a model instruction
program in translating and interpreting services;
requiring distribution of career planning and job
placement information; requiring sabbatical policies;
abolishing the higher education coordinating board and
transferring certain duties; creating the higher
education services office and the higher education
services council; prescribing changes in certain
financial assistance programs; consolidating and
restructuring certain higher education statutes to
reflect the merger of the community colleges, state
universities, and technical colleges; amending
Minnesota Statutes 1994, sections 3.9741, subdivision
2; 15.38, subdivision 3; 126.56; 126.663, subdivision
3; 135A.031, subdivision 2; 135A.08, subdivisions 1
and 2; 135A.10, subdivision 1; 135A.12, subdivision 1;
135A.15, subdivision 1; 135A.153, subdivision 1;
136A.01; 136A.03; 136A.043; 136A.05, subdivision 1;
136A.07; 136A.08; 136A.101, subdivisions 2, 3, 5, 8,
and 10; 136A.121, subdivisions 5, 6, 9, 16, and by
adding a subdivision; 136A.125, subdivisions 4 and 6;
136A.1359, subdivisions 1, 2, and 3; 136A.15,
subdivisions 3 and 4; 136A.16, subdivision 1;
136A.233, subdivision 2; 136A.26, subdivisions 1 and
2; 136A.42; 136A.62, subdivision 2; 136A.69; 136A.81,
subdivision 1; 136E.01, subdivision 1; 136E.02,
subdivisions 1, 3, and 4; 136E.021, subdivision 2;
136E.04, subdivision 1, and by adding subdivisions;
136E.05; 136E.31; 136E.525, subdivisions 1, 2, and 3;
136E.692, subdivisions 1 and 3; 141.25, subdivision 8;
144.1487, subdivision 1; 144.1488, subdivisions 1 and
4; 144.1489, subdivisions 1, 3, and 4; 144.1490;
144.1491, subdivision 2; 179A.07, subdivision 4;
298.2214, subdivision 5; and 363.03, subdivision 5;
Laws 1986, chapter 398, article 1, section 18, as
amended; Laws 1991, chapter 356, article 9, section 9,
as amended; Laws 1993, chapter 326, article 12,
section 15, subdivisions 4 and 5; Laws 1993, First
Special Session chapter 2, articles 1, section 2,
subdivision 3, and section 9, subdivision 6; and 9,
section 1, subdivision 7; Laws 1994, chapter 532,
article 6, section 12; and Laws 1994, chapter 643,
section 69, by adding subdivisions; proposing coding
for new law in Minnesota Statutes, chapters 135A;
136A; and 136E; proposing coding for new law as
Minnesota Statutes, chapter 136F; repealing Minnesota
Statutes 1994, sections 15.38, subdivision 4;
135A.052, subdivisions 2 and 3; 135A.08, subdivision
3; 135A.09; 135A.11; 135A.12, subdivision 5; 136.01;
136.02; 136.03; 136.031; 136.036; 136.045; 136.065;
136.07; 136.09; 136.10; 136.11; 136.111; 136.12;
136.13; 136.14; 136.141; 136.142; 136.143; 136.144;
136.145; 136.146; 136.147; 136.17; 136.171; 136.172;
136.18; 136.19; 136.20; 136.21; 136.22; 136.232;
136.24; 136.25; 136.261; 136.27; 136.31; 136.311;
136.32; 136.33; 136.34; 136.35; 136.36; 136.37;
136.38; 136.40; 136.41; 136.42; 136.43; 136.44;
136.45; 136.46; 136.47; 136.48; 136.49; 136.50;
136.501; 136.502; 136.503; 136.504; 136.505; 136.506;
136.507; 136.55; 136.56; 136.57; 136.58; 136.60;
136.6011; 136.602; 136.603; 136.61; 136.62; 136.621;
136.622; 136.63; 136.65; 136.651; 136.653; 136.67;
136.70; 136.71; 136.72; 136.88; 136.90; 136A.02;
136A.04; 136A.041; 136A.125, subdivision 5; 136A.16,
subdivision 11; 136A.85; 136A.86; 136A.88; 136C.01;
136C.02; 136C.03; 136C.04; 136C.041; 136C.042;
136C.043; 136C.044; 136C.05; 136C.06; 136C.07;
136C.075; 136C.08; 136C.13; 136C.15; 136C.17; 136C.31;
136C.34; 136C.41; 136C.411; 136C.43; 136C.44; 136C.50;
136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64;
136C.65; 136C.66; 136C.67; 136C.68; 136C.69; 136C.70;
136C.71; 136C.75; 136D.77; 136D.81, subdivision 2;
136E.04, subdivisions 2, 3, 4, 5, 6, and 7; 136E.395;
136E.692, subdivision 4; 137.31, subdivision 6;
137.35, subdivision 4; 137.38; 144.1488, subdivision
2; and 148.236; and Laws 1993, chapter 326, article
12, section 15, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
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 article. The
listing of an amount under the figure "1996" or "1997" in this
article indicates that the amount is appropriated to be
available for the fiscal year ending June 30, 1996, or June 30,
1997, respectively. "The first year" is fiscal year 1996. "The
second year" is fiscal year 1997. "The biennium" is fiscal
years 1996 and 1997.
SUMMARY BY FUND
1996 1997 TOTAL
General $1,066,898,000 $1,077,189,000 $2,144,087,000
SUMMARY BY AGENCY - ALL FUNDS
1996 1997 TOTAL
Higher Education Services Office
115,993,000 120,193,000 236,186,000
Board of Trustees of the Minnesota
State Colleges and Universities
466,220,000 470,927,000 937,147,000
Board of Regents of the University of Minnesota
483,860,000 485,124,000 968,984,000
Mayo Medical Foundation
825,000 945,000 1,770,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. HIGHER EDUCATION
SERVICES OFFICE
Subdivision 1. Total
Appropriation 115,993,000 120,193,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. State Grants
95,745,000 99,945,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available for it.
The legislature intends that the higher
education services office make full
grant awards in each year of the
biennium.
For the biennium, the private
institution tuition maximum shall be
$7,665 for four-year institutions and
$5,900 for two-year institutions.
This appropriation contains money to
set the living and miscellaneous
expense allowance at $4,115 in the
first year and $4,200 in the second
year.
If money is not appropriated in
separate legislation for the LINC
nursing grant program, the higher
education services office may spend
$25,000 each year from this
appropriation for the LINC program.
In order to maximize the eligibility
period for students who transfer to
four-year institutions, public and
private two-year colleges shall review
their credit requirements for program
completion and examine the number of
credits of financial aid eligibility
that students use in the first two
years.
This appropriation includes $250,000
each year for grants to nursing
programs to recruit persons of color
and to provide grants to nursing
students who are persons of color. Of
this amount, $100,000 each year is for
recruitment and retention of students
of color in nursing programs leading to
licensure as a registered nurse. Other
than the grants to students, all grants
shall be matched with at least the same
amount from grantee sources or nonstate
money.
If the federal government enacts a
federal student loan risk sharing fee,
the higher education services office
shall recover the fee by billing the
institutions that have a cohort loan
default rate greater than the federal
law permits.
Subd. 3. Interstate Tuition
Reciprocity
4,500,000 4,500,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available to meet
reciprocity contract obligations.
The higher education services office is
authorized to negotiate a reciprocity
agreement with the province of Ontario.
Subd. 4. State Work Study
8,219,000 8,219,000
Subd. 5. Minitex Library Program
2,108,000 2,108,000
Subd. 6. Learning Network of Minnesota
3,050,000 3,050,000
Subd. 7. Income Contingent Loans
The higher education services office
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. Applicant data
collected by the higher education
services office for this program may be
disclosed to a consumer credit
reporting agency under the same
conditions as apply to the supplemental
loan program under Minnesota Statutes,
section 136A.162. No new applicants
may be accepted after June 30, 1995.
Subd. 8. Agency Administration
2,371,000 2,371,000
The amount that may be spent for the
parent and student information activity
shall not exceed $95,000 each year.
This appropriation includes money for
the Minnesota Minority Education
Partnership.
Money encumbered in fiscal year 1994
and fiscal year 1995 for youth works
postservice benefits shall not cancel
but is available until the participants
for whom the money was encumbered are
no longer eligible to draw benefits.
Subd. 9. Balances Forward
An unencumbered balance in the first
year under a subdivision in this
section does not cancel but is
available for the second year.
Subd. 10. Transfers
The higher education services office
may transfer unencumbered balances from
the appropriations in this section to
the state grant appropriation and the
interstate tuition reciprocity
appropriation.
Sec. 3. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Subdivision 1. Total
Appropriation 466,220,000 470,927,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
If the state university board or the
board of trustees of the Minnesota
state colleges and universities is
reimbursed under Minnesota Statutes,
section 115B.43, for expenses relating
to the cleanup of the Kummer landfill,
the state university board or the board
of trustees shall cancel the amount
reimbursed to the state general fund.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$214,536,000 each year for the
technical colleges.
The legislature estimates that
instructional expenditures will be
$145,565,000 each year for community
colleges.
The legislature estimates that
instructional expenditures will be
$253,612,000 each year for state
universities.
During the biennium neither the board
nor 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
ways and means.
This appropriation includes continued
support of at least $400,000 each year
for the Mid-Tec and Heartland
Telecommunications Networks.
This appropriation includes $40,000
each year for American Indian
outreach. The legislature anticipates
this money will assist the Fond Du Lac
campus to recruit, advise, and retain
American Indian students.
It is the intent of the legislature to
hold the Minnesota state colleges and
universities accountable for making
budgetary and policy decisions that
provide students with access to high
quality education and training
programs. Significant and demonstrable
progress toward the goals in this
subdivision and in section 6,
subdivision 2, are expected in this
biennium for consideration in funding
decisions in the next supplemental
budget and in the 1998-1999 biennial
budget.
The commissioner of finance shall place
$5,000,000 of the second year
appropriation in a performance
incentive account. The commissioner
shall release $1,000,000 of this amount
to the board of trustees each time that
it demonstrates that it has achieved
one of the following performance
measures:
(1) increase the percentage of the
budget directed to instruction and
academic resources;
(2) increase the number of credits
issued through telecommunications
between fiscal year 1995 and fiscal
year 1996;
(3) increase the retention of new
entering freshman on state university
campuses who continue into the
sophomore year between fiscal year 1995
and fiscal year 1996 by at least two
percent. The appropriation shall be
distributed to those campuses that
achieve the increase;
(4) increase the percentage of students
in two-year programs who graduate
within two years of admission, and the
percentage of students in four-year
programs who graduate within four years
of admission by at least two percent.
The appropriation shall be distributed
to campuses that achieve the increase;
and
(5) increase in placement rates for
occupational programs and transfer
rates for academic programs for
community and technical colleges.
The legislature expects the board of
trustees to demonstrate its commitment
to enhancing educational quality,
including high priority initiatives
that capitalize on opportunities
created by merger for: joint programs
with the University of Minnesota for
faculty, staff, and administrative
development; enhanced opportunities for
students of color; and opportunities
for using technology to the advantage
of students and faculty.
The legislature further expects the
board of trustees to make difficult
choices in its allocations, based on
critical evaluations of its campuses
and programs, including actions to
address the 14 duplicate two-year
programs located within 35 miles of
each other, as identified by the
legislative auditor, for which no
action has yet been taken.
Each college and university shall
demonstrate to the board that, in the
face of severe budget constraints, it
has identified those programs and
functions that are central to the
mission of that campus and are most
critical to meeting student needs, and
that the campus has redirected
resources to those identified areas to
protect the core educational
enterprise. Further, each campus shall
demonstrate that it has taken actions
to improve the productivity of faculty,
administrators, and staff.
The amounts for library access; Fond du
Lac American Indian student outreach;
incentives for co-located campuses;
increased instructional appropriations;
performance funding; instructional
equipment; conversion to semesters;
systemwide computer system development
for accounting, payroll, personnel,
procurement, and student records; staff
training for use of systems; staff
restructuring, separation payments, and
unemployment insurance; and development
of library collections and curriculum
at Metro State University are for these
purposes only and shall be
nonrecurring. The amounts are
$8,741,000 in fiscal year 1996 and
$16,147,000 in fiscal year 1997.
Subd. 3. Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$17,231,000 the first year and
$16,937,000 the second year for the
technical colleges.
The legislature estimates that the
noninstructional expenditures will be
$10,349,000 each year for the community
colleges.
The legislature estimates that the
noninstructional expenditures will be
$14,573,000 each year for the state
universities.
$508,000 the first year and $214,000
the second year are for debt service
payments.
$150,000 each year is for southwest
Asia veterans tuition relief.
Because of its interest in improving
efficiency and streamlining government
operations, the legislature intends to
measure the effects of removing a
campus from mandates imposed by state
agencies, other than basic health and
life safety issues, ADA regulations,
audit requirements, and employment,
affirmative action, and collective
bargaining issues. Notwithstanding any
law to the contrary, the board shall
designate as a pilot site a state
university which has a commitment to
establishing cooperative arrangements
with the private sector and involvement
in quality initiatives. The board
shall consult with the commissioner of
administration in the process. The
board and the university shall
recommend to the legislature any
statutory changes that this pilot
demonstrates will promote efficiency
and economy on some or all Minnesota
state college and university campuses,
while protecting public interests.
Subd. 4. State Council on
Vocational Technical Education
The appropriation in subdivision 1
includes money for the state council on
vocational education.
Sec. 4. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 483,860,000 485,124,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 395,432,000 396,421,000
(a) Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$421,089,000 the first year and
$421,696,000 the second year.
The university is requested to examine
the feasibility of establishing a
higher education research center to
provide applied research on public
policy trends, issues, and problems in
higher education, particularly as they
apply to Minnesota.
The commissioner of finance shall place
$5,000,000 of the second year
appropriation in a performance
incentive account. The $5,000,000 is a
nonrecurring appropriation. The
commissioner shall release $1,000,000
of this amount to the board of regents
each time the university presents
evidence that it has achieved one of
the following performance measures:
(1) increases at the Twin Cities
campus, excluding general college, in
the percent of 1996 new entering
freshmen ranking in the top 25 percent
of their high school class;
(2) increases in the rate of retention
of 1995 new entering freshmen;
(3) increases in the number of 1996 new
entering freshmen who are minority
students and increases in the percent
of faculty hired in 1995-1996 who are
women or minorities;
(4) increases in the five-year
graduation rate measured between August
1994 and August 1996; and
(5) increases in the number of credits
issued through telecommunications
between fiscal year 1995 and fiscal
year 1996.
If money is not appropriated in
separate legislation for the rural
physicians program, $300,000 of this
appropriation shall be added to the
Duluth two-year medical school to
enhance the efforts to train rural
physicians. This is a nonrecurring
appropriation.
The amounts for U-2000; wheat and
barley scab research; performance
funding; 1994 U-2000 supplement; and
part of the Cambridge Bank reduction
restoration are for those purposes only
and shall be nonrecurring. The amounts
are $26,268,000 in fiscal year 1996 and
$27,532,000 in fiscal year 1997.
(b) Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$104,994,000 each year.
Subd. 3. Special
Appropriation 88,428,000 88,703,000
The amounts expended for each program
in the four categories of special
appropriations shall be separately
identified in the 1997 biennial budget
document.
(a) Agriculture and Extension Service
47,547,000 47,797,000
This appropriation is for the
Agricultural Experiment Station and
Minnesota Extension Service.
$500,000 in each year is for additional
wheat and barley scab research.
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
17,758,000 17,758,000
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, Health Sciences
Research, and the Biomedical
Engineering Center.
(c) Institute of Technology
3,067,000 3,067,000
This appropriation is for the
Geological Survey, Underground Space
Center, Talented Youth Mathematics
Program, Microelectronics and
Information Science Center, and the
Center for Advanced Manufacturing,
Design, and Control.
(d) System Specials
20,056,000 20,081,000
This appropriation is for Fellowships
for Minority and Disadvantaged
Students, General Research,
Intercollegiate Athletics, Student
Loans Matching Money, Industrial
Relations Education, Natural Resources
Research Institute, Sea Grant College
Program, Biological Process Technology
Institute, Supercomputer Institute,
Center for Urban and Regional Affairs,
Bell Museum of Natural History, the
Leadership Academy Program, and the
Humphrey Exhibit. The appropriation
for the Leadership Academy Program is
nonrecurring.
By January 15, 1996, the board of
regents is requested to provide its
final report and its consultant's
report on the policies and practices it
has planned or implemented to comply
with title VII, title IX, and the Equal
Pay Act, as they apply across
university activities, including men's
and women's athletic coaching.
Subd. 4. Specials Transfer
The appropriation in subdivision 3,
paragraph (b), for Medical Research,
Special Hospitals Service and
Educational Offset, and the Institute
for Human Genetics; and in paragraph
(c) for the Underground Space Center,
Microelectronics and Information
Science Center, and the Center for
Advanced Manufacturing, Design, and
Control; and in paragraph (d) for the
Fellowships for Minority and
Disadvantaged Students, Intercollegiate
Athletics, Sea Grant College Program,
Biological Process Technology
Institute, and the Supercomputer
Institute shall be merged with the
operation and maintenance funding in
subdivision 2, effective June 30, 1997.
Sec. 5. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 825,000 945,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School
429,000 429,000
The state of Minnesota shall pay a
capitation of $10,736 each year for
each student who is a resident of
Minnesota. 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.
Subd. 3. Family Practice and
Graduate Residency Program
396,000 396,000
The state of Minnesota provides a
capitation of $13,192 each year for
each student.
Subd. 4. St. Cloud Hospital-Mayo
Family Practice Residency Program
120,000
This appropriation is to the Mayo
Foundation to support four resident
physicians in the St. Cloud
Hospital-Mayo Family Practice Residency
Program. This appropriation is
contingent upon $950,000 in matching
money being made available from
nonstate sources. The program shall
prepare doctors to practice primary
care medicine in the rural areas of the
state. It is intended that this
program will improve health care in
rural communities, provide affordable
access to appropriate medical care, and
manage the treatment of patients in a
more cost-effective manner. This
appropriation is nonrecurring.
Sec. 6. POST-SECONDARY SYSTEMS
Subdivision 1. Settlements
The board of regents of the University
of Minnesota and the board of trustees
of the Minnesota state colleges and
universities are requested to summarize
and report on all out-of-court
settlements involving the University of
Minnesota and the state colleges and
universities to the chairs of the house
and senate education committees. The
report shall not specifically identify
settlements that are covered under
confidentiality agreements or orders.
Subd 2. Accountability Measures
The board of regents of the University
of Minnesota is requested to, and the
board of trustees of the Minnesota
state colleges and universities shall,
establish:
(1) a set of accountability measures
that reflect each system's specific
mission; and
(2) goals to improve each system's
performance on the measures established.
Each system shall establish both
system-level and institution-level
accountability measures and goals.
Each system will report to the
legislature in the biennial budget
document on the measures selected and
timeline for achieving the established
goals. In addition, each system will
include baseline data and a description
of the processes implemented to
evaluate progress toward the goals
established. Examples of goals include:
(1) develop a post-tenure review
process;
(2) increase student satisfaction with
the education received;
(3) improve time to completion rates;
(4) reduce the number of credits
required to receive a degree; and
(5) assess employer satisfaction with
graduates from different programs.
ARTICLE 2
ADDITIONAL PROVISIONS
Section 1. Minnesota Statutes 1994, section 135A.031,
subdivision 2, is amended to read:
Subd. 2. [APPROPRIATIONS FOR CERTAIN ENROLLMENTS.] The
state share of the estimated expenditures for instruction shall
vary for some categories of students, as designated in this
subdivision.
(a) The state must provide at least 67 percent of the
estimated expenditures for:
(1) students who resided in the state for at least one
calendar year prior to applying for admission or dependent
students whose parent or legal guardian resides in Minnesota at
the time the student applies;
(2) Minnesota residents who can demonstrate that they were
temporarily absent from the state without establishing residency
elsewhere;
(3) residents of other states or provinces who are
attending a Minnesota institution under a tuition reciprocity
agreement; and
(4) students who have been in Minnesota as migrant
farmworkers, as defined in the Code of Federal Regulations,
title 20, section 633.104, over a period of at least two years
immediately before admission or readmission to a Minnesota
public post-secondary institution, or students who are
dependents of such migrant farmworkers.
(b) The state must provide 32 percent of the estimated
expenditures for definition of full year equivalent for purposes
of the formula calculations in this chapter is twice the normal
value for the following enrollments:
(1) students who are concurrently enrolled in a public
secondary school and for whom the institution is receiving any
compensation under the post-secondary enrollment options act;
and
(2) students enrolled under the student exchange program of
the Midwest Compact.
(c) The state may not provide any of the estimated
expenditures for undergraduate students (1) who do not meet the
residency criteria under paragraph (a), or (2) who have
completed, without receiving a baccalaureate degree, 48 or more
quarter credits or the equivalent, applicable toward the degree,
beyond the number required for a baccalaureate in their major.
Credits for courses in which a student received a grade of "F"
or "W" shall be counted toward this maximum, as if the credits
had been earned.
Sec. 2. [135A.042] [FEE WAIVER.]
The president of a state university, community college, or
technical college may waive the fee assessed to a student
applying for admission, if the president determines that the fee
would impose an economic hardship on the student or the
student's family.
Sec. 3. [135A.101] [POST-SECONDARY ENROLLMENT OPTIONS.]
Subdivision 1. [REQUIREMENTS FOR PARTICIPATION.] To
participate in the post-secondary enrollment options program, a
college or university must abide by the provisions in this
section. The institution may provide information about its
programs to a secondary school or to a pupil or parent, but may
not recruit or solicit participation on financial grounds.
Subd. 2. [PROHIBITION.] An institution shall not enroll
secondary pupils, for post-secondary enrollment options
purposes, in developmental courses or other courses that are not
college level. For the purposes of this section, a
"developmental course" means a post-secondary course taken to
prepare a student for college-level work and for which the
post-secondary institution does not grant credit or which cannot
be used to meet degree, diploma, or certificate requirements.
Sec. 4. [135A.181] [ACADEMIC CALENDAR.]
Subdivision 1. [TRANSITION TO SEMESTER SYSTEM.] The board
of trustees of the Minnesota state colleges and universities
shall convert, and the board of regents of the University of
Minnesota is requested to convert, to the semester system by the
1998-1999 academic year. The public post-secondary institutions
shall review and revise the content and structure of their
academic programs, degrees, and courses, and prepare new course
materials as necessary. Each public post-secondary board shall
submit information on the progress to a semester system in the
1997 biennial budget document.
Subd. 2. [COMMON CALENDAR.] The semester system required
in subdivision 1 shall be offered on a common calendar
throughout all campuses under the jurisdiction of the board of
trustees of the Minnesota state colleges and universities. This
calendar shall include a common start and end date for each
semester as well as common summer school schedules. The board
of trustees may exempt a campus from this calendar if they
determine that because of extenuating circumstances an
alternative calendar would better serve students' needs.
Subd. 3. [REPEALER.] This section is repealed June 30,
1999.
Sec. 5. [135A.19] [FINANCIAL EMERGENCY.]
The board of trustees of the Minnesota state colleges and
universities and the board of regents of the University of
Minnesota may immediately layoff employees, without notice, if
the respective board has declared a financial emergency. All
other contractual provisions relating to layoffs continue to
apply. A financial emergency may be declared if, at any time:
(1) the projected revenue for the system from tuition and the
general fund for the current or next fiscal year is less than 93
percent of the anticipated expenditures in the board approved
budget, and (2) if tuition would need to be increased more than
three times the annual inflation rate to solve the shortfall.
For employees of the Minnesota state colleges and
universities covered under a collective bargaining agreement,
this section applies to all collective bargaining agreements
effective after July 1, 1995, and shall be effective for each
collective bargaining agreement covering those employees the day
after it has been ratified by the legislative commission on
employee relations. For represented employees of the University
of Minnesota, this section applies the day following signing of
the next agreement. For employees not covered by a collective
bargaining agreement, this section is effective July 1, 1995.
The board of trustees of the Minnesota state colleges and
universities and the board of regents of the University of
Minnesota shall balance layoffs of faculty, other employees, and
administrators. The boards should strive to provide
uninterrupted service and instruction to students.
Sec. 6. [136A.136] [NURSING GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A nursing grant program is
established under the supervision of the higher education
services office and the administration of the metropolitan
healthcare foundation's project LINC (Ladders in Nursing
Careers) to provide grants to Minnesota health care facility
employees seeking to complete a baccalaureate or master's degree
in nursing.
Subd. 2. [RESPONSIBILITY OF METROPOLITAN HEALTHCARE
FOUNDATION'S PROJECT LINC.] The metropolitan healthcare
foundation's project LINC shall administer the grant program and
award grants to eligible health care facility employees. To be
eligible to receive a grant, a person must be:
(1) an employee of a health care facility located in
Minnesota, whom the facility has recommended to the metropolitan
healthcare foundation's project LINC for consideration;
(2) working part time, up to 32 hours per pay period, for
the health care facility, while maintaining full salary and
benefits;
(3) enrolled full time in a Minnesota school or college of
nursing to complete a baccalaureate or master's degree in
nursing; and
(4) a resident of the state of Minnesota.
The grant must be awarded for one academic year but is
renewable for a maximum of six semesters or nine quarters of
full-time study, or their equivalent. The grant must be used
for tuition, fees, and books. Priority in awarding grants shall
be given to persons with the greatest financial need. The
health care facility may require its employee to commit to a
reasonable postprogram completion of employment at the health
care facility as a condition for the financial support the
facility provides.
Subd. 3. [RESPONSIBILITY OF HIGHER EDUCATION SERVICES
OFFICE.] The higher education services office shall distribute
money each year, contingent upon an appropriation, to the
metropolitan healthcare foundation's project LINC to be used to
award grants under this section, provided that the higher
education services office shall not distribute the money unless
the metropolitan healthcare foundation's project LINC matches
the money with an equal amount from nonstate sources. The
metropolitan healthcare foundation's project LINC shall expend
nonstate money prior to expending state money and shall return
to the higher education services office all state money not used
each year for nursing program grants to be redistributed under
this section. The metropolitan healthcare foundation's project
LINC shall report to the higher education services office on its
program activity as requested by the office.
Sec. 7. Minnesota Statutes 1994, section 136E.525,
subdivision 3, is amended to read:
Subd. 3. [CONSOLIDATION.] No Changes may be made to
student associations located on community college, state
university, technical college, or consolidated colocated
campuses without with the approval of the students of each
affected campus association in consultation with its state
student association.
Sec. 8. [136E.60] [ADMINISTRATIVE INTERACTION WITH
STUDENTS.]
Subdivision 1. [SYSTEM AND CAMPUS ADMINISTRATORS.] As part
of their annual goal setting activity, all unrepresented system
and campus academic administrators employed in their positions
before July 1, 1995, shall have the expectation of substantially
increasing their interaction with students through activities
such as teaching a regularly scheduled course or serving as an
academic advisor. Contracts for persons initially employed in
unclassified administrative positions on or after July 1, 1995,
shall include requirements for activities involving student
contact.
Subd. 2. [EVALUATION.] Each state university, community
college, and technical college campus shall provide an
evaluation of this activity to the board, and the board shall
include a summary of campus and system activities in its
1998-1999 biennial budget request.
Sec. 9. Minnesota Statutes 1994, section 179A.07,
subdivision 4, is amended to read:
Subd. 4. [OTHER COMMUNICATION.] If an exclusive
representative has been certified for an appropriate unit, the
employer shall not meet and negotiate or meet and confer with
any employee or group of employees who are in that unit except
through the exclusive representative. This subdivision does not
prevent communication to the employer, other than through the
exclusive representative, of advice or recommendations by
professional employees, if this communication is a part of the
employee's work assignment. This subdivision does not prevent
communication between public post-secondary employers and
post-secondary professional employees, other than through the
exclusive representative, regarding policies and matters that
are not terms and conditions of employment.
Sec. 10. Minnesota Statutes 1994, section 363.03,
subdivision 5, is amended to read:
Subd. 5. [EDUCATIONAL INSTITUTION.] It is an unfair
discriminatory practice:
(1) To discriminate in any manner in the full utilization
of or benefit from any educational institution, or the services
rendered thereby to any person because of race, color, creed,
religion, national origin, sex, age, marital status, status with
regard to public assistance, sexual orientation, or disability,
or to fail to ensure physical and program access for disabled
persons. For purposes of this paragraph, program access
includes but is not limited to providing taped texts,
interpreters or other methods of making orally delivered
materials available, readers in libraries, adapted classroom
equipment, and similar auxiliary aids or services. Program
access does not include providing attendants, individually
prescribed devices, readers for personal use or study, or other
devices or services of a personal nature.
(2) To exclude, expel, or otherwise discriminate against a
person seeking admission as a student, or a person enrolled as a
student because of race, color, creed, religion, national
origin, sex, age, marital status, status with regard to public
assistance, sexual orientation, or disability.
(3) To make or use a written or oral inquiry, or form of
application for admission that elicits or attempts to elicit
information, or to make or keep a record, concerning the race,
color, creed, religion, national origin, sex, age, marital
status, sexual orientation, or disability of a person seeking
admission, except as permitted by rules of the department.
(4) To make or use a written or oral inquiry or form of
application that elicits or attempts to elicit information, or
to keep a record concerning the race, color, national origin,
sex, age, or marital status of a person seeking admission,
unless the information is collected for purposes of evaluating
the effectiveness of recruitment, admissions, and other
educational policies, and is maintained separately from the
application.
Sec. 11. Laws 1986, chapter 398, article 1, section 18, as
amended by Laws 1987, chapter 292, section 37; Laws 1989,
chapter 350, article 16, section 8; Laws 1990, chapter 525,
section 1; Laws 1991, chapter 208, section 2; and Laws 1993,
First Special Session chapter 2, article 6, section 2, is
amended to read:
Sec. 18. [REPEALER.]
Sections 1 to 17 and Minnesota Statutes, section 336.9-501,
subsections (6) and (7), and sections 583.284, 583.285, 583.286,
and 583.305, are repealed on July 1, 1995 1997.
Sec. 12. Laws 1993, First Special Session chapter 2,
article 1, section 9, subdivision 6, is amended to read:
Subd. 6. POST Board
Beginning in fiscal year 1996 1998,
money for law enforcement education
that is currently provided through the
POST board shall be provided through
general fund appropriations to be
calculated at the same initial base as
the previous POST funding, except that
the base adjustment for the community
colleges shall be $290,000. The
legislature intends that penalty
surcharge dollars under Minnesota
Statutes, section 626.861, subdivision
1, shall continue to be appropriated to
the POST account for other lawful
purposes.
Sec. 13. Laws 1994, chapter 643, section 69, is amended by
adding a subdivision to read:
Subd. 1a. [FINANCING SOURCE REVIEW.] The task force shall
identify current library financing sources and make
recommendations on how to use the money more efficiently. The
task force shall also identify additional financing sources. By
February 1, 1996, the task force shall provide recommendations
to the legislature on financing structures that are designed to
promote cooperation and collaboration among all libraries.
Sec. 14. Laws 1994, chapter 643, section 69, is amended by
adding a subdivision to read:
Subd. 1b. [ELECTRONIC LIBRARY COORDINATION PLANNING.] The
task force shall build upon the leadership initiatives provided
by MINITEX and the post-secondary systems, relating to the
development of electronic library and information services, and
develop a vision of, and plans for, the coordinated use of
electronic storage and transmission in providing library and
information services. The plans shall:
(1) explore the feasibility of consolidating the PALS and
LUMINA systems;
(2) explore and make recommendations about joint
acquisition of electronic access to information;
(3) plan for the coordinated use of electronic storage and
transmission in providing library and information services to
Minnesota post-secondary systems, public libraries, and
elementary and secondary school libraries, including appropriate
connections to the Internet and eventually to the national
information infrastructure;
(4) provide for, and make recommendations about,
appropriate governance and administrative structures, if needed;
(5) provide for approaches necessary to meet the needs of
distance learners; and
(6) identify, study, and make recommendations on any other
matters that the task force deems necessary for the coordination
and expansion of technologies in the provision of library and
information services.
The task force shall coordinate its work with the
telecommunications council, the government information access
council, the MINITEX advisory committee, and the advisory
council to the office of library development and services in the
department of education.
Sec. 15. [CREDIT TRACKING.]
The board of regents of the University of Minnesota and the
board of trustees of the Minnesota state colleges and
universities are requested to develop a centralized electronic
tracking system of credits earned by students.
Sec. 16. [COMPENSATION PLANS AND LABOR AGREEMENTS.]
In negotiating labor agreements that are collectively
bargained and compensation plans for all public higher education
system employees, the legislature expects the board of trustees
of the Minnesota state colleges and universities, the board of
regents of the University of Minnesota, the commissioner of
employee relations, and the legislative commission on employee
relations to achieve these goals:
(1) define the expected work activities and other
professional responsibilities of all employees in order to
increase course availability to students, to enhance
instructional quality, to ensure student access to faculty, and
to ensure that institution and system missions are served;
(2) reassess existing layoff procedures, tuition waivers,
layoff notices, employee transfers between campuses, employee
evaluations, and sabbaticals to ensure that institutional and
system missions are served;
(3) define reasonable work week and work year for full-time
employees to ensure that institutional and system missions are
served; and
(4) articulate a common understanding regarding when system
administrators may interact with employees outside of meet and
confer provisions in collective bargaining agreements.
Sec. 17. [AKITA.]
Subdivision 1. [INTENT.] The legislature intends to
provide opportunities for international programs that enhance
the global perspective and understanding of post-secondary
students. However, with increasing fiscal constraints, the
legislature intends that these programs operate in an efficient
and effective manner.
Subd. 2. [PLAN.] The state university board and the board
of trustees of the state colleges and universities shall begin
immediately to prepare and implement a plan to make the Akita
program more efficient. The plan shall provide for the
expansion of enrollment in the Akita program and, by the
1997-1998 academic year, for the reduction of the per full year
enrollment expenditure level associated with the program. The
boards shall work in cooperation with the state university
campuses and other Minnesota colleges and universities to
determine the reasons for the low enrollment levels in the Akita
program and to find efficient ways to address these
enrollments. The boards shall also examine the uses of state
money in support of the program, determine more efficient ways
to use state resources, and seek more nonstate funding. As part
of the plan, the boards shall specify the interim and final
measures that will be used to determine the effectiveness of the
plan, including appropriate programmatic cost comparisons and
specific targets for reduction of state expenditures.
Subd. 3. [RECOMMENDATIONS.] By September 15, 1995, the
board of trustees shall forward its recommendations and
performance measures to the chairs of the higher education
divisions of the senate and house education committees. As part
of its 1998-1999 biennial budget request, the board of trustees
shall include documentation on the effectiveness of its plan
including the Akita program's performance on each of the
measures in the plan.
Sec. 18. [FACILITY USE.]
The post-secondary governing boards and their campuses
shall determine ways in which campus facilities can be used more
efficiently in order to (1) reduce the need for state physical
plant investments, and (2) to improve students' opportunities
for timely completion. The boards shall consider schedule
changes such as expanded summer terms, increased weekend and
evening courses, short courses, and other scheduling
alternatives. As part of their 1998-1999 biennial budget
requests, the boards shall demonstrate the changes that their
campuses have made or plan to make, and the performance measures
that will be used to determine the effectiveness of these
changes.
Sec. 19. [INTERPRETING AND TRANSLATING PROGRAM.]
Subdivision 1. [CHARGE.] The board of trustees of the
state colleges and universities shall develop a model
instruction program in spoken language interpreting and
translating services, as provided in this section. In
developing the program, the board shall consult with the
University of Minnesota; non-English speaking communities; the
prosecution, defense, and judiciary systems; the interpreting
and translating communities; battered women's programs; and
government and nonprofit agencies providing human, social, and
health services.
Subd. 2. [DEFINITIONS.] For the purposes of this section,
the following definitions apply.
(a) "Interpreter" means any person who is readily able to
comprehend a message uttered in one language and reexpress that
message in a spoken form in a second language without modifying
the meaning in any significant way.
(b) "Translator" means any person who is readily able to
comprehend a message written in one language and reexpress the
message in a written form in a second language without modifying
the meaning in any significant way.
Subd. 3. [BOARD RESPONSIBILITIES.] (a) The board shall
determine the need for, and recommend programs to meet
educational training needs in, spoken language interpreting and
translating services at the certificate level, associate degree
level, or both. Courses shall be designed to articulate with
advanced education and training programs in the field. The
curriculum shall, at a minimum, include instruction in:
(1) spoken language proficiency to meet potential client
needs;
(2) technical terminology needed for specialization;
(3) ethical standards involved in interpreting and
translating;
(4) background in the culture of the language relevant to
the interpretation and translation;
(5) internship needs and other practical opportunities to
serve clients; and
(6) fundamental skills in effective interpreting and
translating.
(b) The board shall review and recommend programs to train
providers in the appropriate use of interpreters and translators.
(c) The board shall:
(1) collect and review recent data to determine the number
of non-English speaking residents and the native language of
these persons;
(2) determine geographic areas in Minnesota with the
greatest need for spoken language and translator services;
(3) determine the most efficient and effective ways of
delivering the program to areas of need;
(4) recommend what provider or providers can best implement
and deliver the program, with emphasis on encouraging
collaborative efforts;
(5) determine the cost of implementing and providing the
program, including the possibility of competitive grants; and
(6) consult with persons developing the statewide judicial
interpreter certification and training program under Laws 1994,
chapter 636, article 1, section 14.
(d) The board shall transmit its recommendations, together
with its plan to develop appropriate programs, to the
appropriate committees of the legislature by January 20, 1996.
Sec. 20. [CAREER PLANNING AND JOB PLACEMENT INFORMATION.]
Subdivision 1. [PLAN.] The state universities, community
colleges, and technical colleges shall each develop and
implement plans, in conjunction with the board of trustees, to
provide job placement history and projected demand to students
at the time the student declares a major program or field of
study. The University of Minnesota campuses are requested to
develop and implement similar plans.
Subd. 2. [CONTENTS.] Information provided must include
program placement history, and projected demand in the field and
in associated types of placement, using labor market forecasting
information from the department of economic security. The plan
must provide for students to indicate in writing that they
received the information.
Subd. 3. [OUTCOMES.] As part of its biennial budget
request, the board of trustees shall demonstrate its efforts to
better inform students about careers and provide a summary of
job placement data.
Sec. 21. [SABBATICALS.]
The board of trustees of the Minnesota state colleges and
universities shall develop policies and procedures to ensure
that the granting of sabbaticals is for the purpose of
encouraging special studies, investigations, and research that
contribute to the quality of education, scholarship, and
service. To fulfill this purpose, the policies shall primarily
grant sabbaticals to faculty and to administrators with academic
responsibilities. Additionally, the policies shall provide for
annual summary reporting to the board of all sabbatical plans
approved by a president or the chancellor, as appropriate, with
final summary reports of results achieved and the salary and
other costs paid on behalf of the faculty members or
administrators during the sabbaticals. The board of regents of
the University of Minnesota is requested to review its
sabbatical policies, and to make any necessary adjustments to
meet the purpose described in this section, and also provide for
the reporting of sabbatical related information.
Sec. 22. [REPEALER.]
Minnesota Statutes 1994, sections 136A.16, subdivision 11;
137.31, subdivision 6; 137.35, subdivision 4; and 137.38, are
repealed.
Sec. 23. [EFFECTIVE DATES.]
Section 1, paragraph (c), is effective July 1, 1995, for
students beginning classes as freshmen in a Minnesota public
post-secondary institution. Section 17 is effective the day
following final enactment.
ARTICLE 3
HIGHER EDUCATION SERVICES OFFICE AND FINANCIAL AID
Section 1. Minnesota Statutes 1994, section 126.56, is
amended to read:
126.56 [SUMMER SCHOLARSHIPS FOR ACADEMIC ENRICHMENT.]
Subdivision 1. [ESTABLISHMENT.] A scholarship program is
established to enable secondary students to attend summer
programs sponsored by post-secondary institutions.
Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a
scholarship, a student shall:
(1) be a United States citizen or permanent resident of the
United States;
(2) be a resident of Minnesota;
(3) attend an eligible program;
(4) have completed at least one year of secondary school
but not have graduated from high school;
(5) have earned at least a B average during the semester or
quarter prior to application, or have earned at least a B
average during the semester or quarter prior to application in
the academic subject area applicable to the summer program the
student wishes to attend; and
(6) demonstrate need for financial assistance.
Subd. 3. [FINANCIAL NEED.] Need for financial assistance
shall be based on family income, family size, and special
necessary expenditures of the family. The higher
education coordinating board services office shall review the
financial need of each pupil to meet the actual costs of
attending the summer program, as determined by the institution
sponsoring the summer program. The board office shall award
scholarships within the limits of the appropriation for this
section. If the amount appropriated is insufficient, the board
office shall allocate the amount appropriated in the manner it
determines. A scholarship shall not exceed $1,000.
Subd. 4. [ELIGIBLE INSTITUTIONS.] A scholarship may be
used only at an eligible institution. A Minnesota public
post-secondary institution is an eligible institution. A
private post-secondary institution is eligible if it:
(1) is accredited by the North Central Association of
Colleges;
(2) offers an associate or baccalaureate degree program
approved under section 136A.65, subdivision 1; and
(3) is located in Minnesota.
Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used
only for an eligible program. To be eligible, a program must:
(1) provide, as its primary purpose, academic instruction
for student enrichment in curricular areas including, but not
limited to, communications, humanities, social studies, social
science, science, mathematics, art, or foreign languages;
(2) not be offered for credit to post-secondary students;
(3) not provide remedial instruction;
(4) meet any other program requirements established by the
state board of education and the higher education coordinating
board services office; and
(5) be approved by the commissioner.
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 services office 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 services office 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, and a state university representative appointed by
the state university chancellor of the Minnesota state colleges
and universities, and a University of Minnesota representative
appointed by the president of the University of Minnesota. The
committee expires June 30, 1995 1997.
Subd. 6. [INFORMATION.] The higher education coordinating
board services office, in cooperation with the academic
excellence foundation, shall assemble and distribute information
about scholarships and eligible programs.
Subd. 7. [ADMINISTRATION.] The higher education
coordinating board services office and commissioner shall
determine the time and manner for scholarship applications,
awards, and program approval.
Subd. 8. [EXEMPTION FROM RULEMAKING.] Sections 14.01 to
14.47 do not apply to this section.
Sec. 2. Minnesota Statutes 1994, section 126.663,
subdivision 3, is amended to read:
Subd. 3. [MODEL LEARNER OUTCOMES.] The department shall
develop and maintain model learner outcomes in state board
identified subject areas, including career vocational learner
outcomes. The department shall make learner outcomes available
upon request by a district. Learner outcomes shall be for
pupils in early childhood through grade 12. The department
shall consult with each of the public post-secondary systems and
with the higher education coordinating board in developing model
learner outcomes appropriate for entry into post-secondary
institutions. Learner outcomes shall include thinking and
problem solving skills.
Sec. 3. Minnesota Statutes 1994, section 135A.08,
subdivision 1, is amended to read:
Subdivision 1. [COURSE EQUIVALENCY.] The regents of the
University of Minnesota, state university board, state board for
community colleges, and state board of technical colleges, in
conjunction with the higher education coordinating board, and
the trustees of the Minnesota state colleges and universities
shall develop and maintain course equivalency guides for use
between institutions that have a high frequency of transfer.
Subject to the determination of the higher education
coordinating board made in consultation with the state board of
technical colleges, Course equivalency guides shall not be
required for vocational technical programs that have not been
divided into identifiable courses. The governing boards of
private institutions that grant associate and baccalaureate
degrees and that have a high frequency of transfer students are
requested to participate in developing these guides.
Sec. 4. Minnesota Statutes 1994, section 135A.08,
subdivision 2, is amended to read:
Subd. 2. [COMMON NUMBERING.] The regents of the University
of Minnesota, state university board, state board for community
colleges, and state board of technical colleges, in conjunction
with the higher education coordinating board, and the trustees
of the Minnesota state colleges and universities shall develop
and maintain a common numbering convention to distinguish
remedial, lower division, upper division, and graduate level
coursework. The governing boards of private institutions that
grant associate and baccalaureate degrees are requested to
cooperate in the development of this numbering convention.
Sec. 5. Minnesota Statutes 1994, section 135A.10,
subdivision 1, is amended to read:
Subdivision 1. [POLICY AND PROCEDURES TO AWARD CREDIT.]
The board of regents of the University of Minnesota, the state
university board, and the state board for community colleges
board of trustees of the Minnesota state colleges and
universities shall each develop a clear and uniform policy for
its system for awarding post-secondary credit toward a degree
for a student who earns an acceptable score on an advanced
placement program examination. Each policy must include
procedures to inform students and prospective students about
credit award and procedures to assure implementation on each
campus. The higher education coordinating board shall assist in
developing the policy.
Sec. 6. Minnesota Statutes 1994, section 135A.12,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies
to the higher education coordinating board, each public
post-secondary governing board, and each public post-secondary
institution, and each school board that operates a technical
college.
Sec. 7. Minnesota Statutes 1994, section 135A.15,
subdivision 1, is amended to read:
Subdivision 1. [POLICY REQUIRED.] The governing board of
each public technical college, community college, or state
university trustees of the Minnesota state colleges and
universities shall, and the University of Minnesota is requested
to, adopt a clear, understandable written policy on sexual
harassment and sexual violence that informs victims of their
rights under the crime victims bill of rights, including the
right to assistance from the crime victims reparations board and
the office of the crime victim ombudsman. The policy must apply
to students and employees and must provide information about
their rights and duties. The policy must apply to criminal
incidents occurring on property owned by the post-secondary
system or institution in which the victim is a student or
employee of that system or institution. It must include
procedures for reporting incidents of sexual harassment or
sexual violence and for disciplinary actions against violators.
During student registration, each technical college, community
college, or state university shall, and the University of
Minnesota is requested to, provide each student with information
regarding its policy. A copy of the policy also shall be posted
at appropriate locations on campus at all times. Each private
post-secondary institution that enrolls students who receive
state financial aid is an eligible institution as defined in
section 136A.101, subdivision 4, 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. 8. Minnesota Statutes 1994, section 135A.153,
subdivision 1, is amended to read:
Subdivision 1. [CREATION AND DESIGNATION.] The higher
education center on violence and abuse is created. The higher
education center on violence and abuse shall be located at and
managed by a public or private post-secondary institution in
Minnesota. The higher education coordinating board shall
designate the location of the center following review of
proposals from potential higher education sponsors.
Sec. 9. Minnesota Statutes 1994, section 136A.01, is
amended to read:
136A.01 [HIGHER EDUCATION SERVICES OFFICE.]
Subdivision 1. [CREATION.] A coordinating board An office
for higher education in the state of Minnesota, to be known as
the Minnesota higher education coordinating board services
office or HESO, is hereby created.
Subd. 2. [RESPONSIBILITIES.] The higher education services
office is responsible for:
(1) necessary state level administration of financial aid
programs, including accounting, auditing, and disbursing state
and federal financial aid funds, and reporting on financial aid
programs to the governor and the legislature;
(2) approval, registration, licensing, and financial aid
eligibility of private collegiate and career schools, under
sections 136A.61 to 136A.71 and chapter 141;
(3) administering the telecommunications council under Laws
1993, First Special Session chapter 2, article 5, section 2, the
Learning Network of Minnesota, and the statewide library task
force;
(4) negotiating and administering reciprocity agreements;
(5) publishing and distributing financial aid information
and materials, and other information and materials under section
136A.87, to students and parents;
(6) collecting and maintaining student enrollment and
financial aid data;
(7) administering the federal programs that affect students
and institutions on a statewide basis; and
(8) prescribing policies, procedures, and rules under
chapter 14 necessary to administer the programs under its
supervision.
Sec. 10. [136A.011] [HIGHER EDUCATION SERVICES COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The higher education services
council consists of eight citizens and one student appointed by
the governor. In making appointments, the governor shall
consider the geographic, gender, and ethnic diversity in the
state. No more than five members of the council may belong to
the same political party. The student member must be a
full-time student enrolled in a Minnesota post-secondary
institution at the time of appointment. The student advisory
council shall recommend two to four candidates for the student
position. The governor is not bound by these recommendations.
A nonstudent member of the council may not be an employee of or
receive compensation from a public or private post-secondary
institution while serving on the council. A student member may
receive compensation as a student body officer or may be a
recipient of financial aid, including work study, but may not
otherwise be employed or compensated by a post-secondary
institution while serving on the council.
The term of each citizen member is six years, and that of
the student member is two years. As nearly as possible,
one-third of the terms of the members must expire every two
years. The compensation, removal of voting members, and filling
of vacancies among voting members on the council is governed by
section 15.0575, subdivisions 3, 4, and 5.
Subd. 2. [DUTIES.] The council shall:
(1) appoint the director of the higher education services
office, as provided in section 136A.03;
(2) provide advice and review regarding the performance of
the higher education services office in its duties and in any
policies, procedures, or rules the office prescribes to perform
its duties; and
(3) communicate with and make recommendations to the
governor and the legislature.
Sec. 11. Minnesota Statutes 1994, section 136A.03, is
amended to read:
136A.03 [EXECUTIVE OFFICERS; EMPLOYEES.]
The higher education coordinating board may appoint an
executive secretary or director as its principal executive
officer, and such other officers and employees as it may deem
necessary to carry out its duties. The executive secretary or
director of the higher education services office shall possess
such the powers and perform such the duties as are delegated
prescribed by the board higher education services council and
shall serve in the unclassified service of the state civil
service. The salary of the executive director shall be
established pursuant by the higher education services council
according to section 15A.081, subdivision 1. The executive
director shall be a person qualified by training and ability or
experience in the field of higher education or in educational
financial aid administration. The board director may also
appoint other officers and professional employees who shall
serve in the unclassified service of the state civil service and
fix the salaries thereof which shall be commensurate with
salaries in the classified service. All other employees shall
be in the classified civil service.
An officer or professional employee in the unclassified
service as provided in this section is a person who has studied
higher education or a related field at the graduate level or has
similar experience and who is qualified for a career in some
aspect financial aid and other aspects of higher education and
for activities in keeping with the planning and administrative
responsibilities of the board office and who is appointed to
assume responsibility for administration of educational programs
or research in matters of higher education.
Sec. 12. [136A.031] [ADVISORY GROUPS.]
Subdivision 1. [APPOINTMENT.] The higher education
services council may appoint advisory task forces as necessary
to assist in the administration of the higher education services
office responsibilities. The task forces' expiration and the
terms, compensation, and removal of members are as provided in
section 15.059.
Subd. 2. [HIGHER EDUCATION ADVISORY COUNCIL.] A higher
education advisory council (HEAC) is established. The HEAC is
composed of the president and the senior vice-president for
academic affairs of the University of Minnesota; the chancellor
of the Minnesota state colleges and universities; the associate
vice-chancellors of the state universities, community colleges,
and technical colleges; the commissioner of education; the
president of the private college council; and a representative
from the Minnesota association of private post-secondary
schools. The HEAC shall (1) bring to the attention of the
higher education services council any matters that the HEAC
deems necessary, and (2) review and comment upon matters before
the council. The council shall refer all proposals to the HEAC
before submitting recommendations to the governor and the
legislature. The council shall provide time for a report from
the HEAC at each meeting of the council.
Subd. 3. [STUDENT ADVISORY COUNCIL.] A student advisory
council (SAC) to the higher education services council is
established. The members of SAC shall include the chair of the
University of Minnesota student senate, the state chair of the
Minnesota state university student association, the president of
the Minnesota community college student association, the
president of the Minnesota technical college student
association, the president of the Minnesota association of
private college students, and a student who is enrolled in a
private vocational school, to be appointed by the Minnesota
association of private post-secondary schools. A member may be
represented by a student designee who attends an institution
from the same system that the absent member represents. The SAC
shall select one of its members to serve as chair.
The higher education services council shall inform the SAC
of all matters related to student issues under consideration and
shall refer all proposals to the SAC before taking action or
sending the proposals to the governor or legislature. The SAC
shall report to the higher education services council quarterly
and at other times that the SAC considers desirable. The SAC
shall determine its meeting times, but it shall also meet with
the council within 30 days after the director's request for a
meeting.
The SAC shall:
(1) bring to the attention of the higher education services
council any matter that the SAC believes needs the attention of
the council;
(2) make recommendations to the higher education services
council as it finds appropriate;
(3) appoint student members to the higher education
services council advisory groups as provided in subdivision 4;
and
(4) provide any reasonable assistance to the council.
Subd. 4. [STUDENT REPRESENTATION.] If requested by the
SAC, the director must place at least one student from an
affected educational system on any task force created under
subdivision 1. The student member or members shall be appointed
by the SAC.
Sec. 13. Minnesota Statutes 1994, section 136A.043, is
amended to read:
136A.043 [INFORMATION TECHNOLOGY.]
The higher education coordinating board services office
shall initiate activities to coordinate state policy development
regarding the use of information technology in post-secondary
education instruction and administration. These activities
shall include at least the following: a survey, conducted in
collaboration with the post-secondary education systems, of
existing information technology use and needs of institutions
and regions; initiation of collaborative activities to share
information and resources; and provision of opportunities for
post-secondary education policy makers to review issues and
needs for policy development.
Sec. 14. Minnesota Statutes 1994, section 136A.05,
subdivision 1, is amended to read:
Subdivision 1. 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 services office in order to
enable it to carry out and perform its duties. Private
post-secondary institutions are requested to cooperate and
provide information.
Sec. 15. Minnesota Statutes 1994, section 136A.07, is
amended to read:
136A.07 [REPORTS.]
The higher education coordinating board services office
shall report periodically to the governor and legislature
concerning its activities from time to time and may report in
connection therewith to the governing body of each institution
of higher education in the state, both public and private. It
shall file a formal report with the governor not later than
October 15 of and legislature each even-numbered year so that
the information therein contained, including recommendations,
may be embodied in the governor's budget message to the
legislature. It shall also report to the legislature not later
than November 15 of each even-numbered year.
Sec. 16. Minnesota Statutes 1994, section 136A.08, is
amended to read:
136A.08 [RECIPROCAL AGREEMENTS RELATING TO NONRESIDENT
TUITION WITH OTHER STATES OR PROVINCES.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the terms "province" and "provincial" mean the Canadian
province of Manitoba.
Subd. 2. [AUTHORIZATION.] The Minnesota higher education
coordinating board services office, in consultation with the
commissioner of finance and each affected public post-secondary
board, may enter into agreements, on subjects that include
remission of nonresident tuition for designated categories of
students at public post-secondary institutions, with appropriate
state or provincial agencies and public post-secondary
institutions in other states or provinces. The agreements shall
be for the purpose of the mutual improvement of educational
advantages for residents of this state and other states or
provinces with whom agreements are made.
Subd. 3. [WISCONSIN.] 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 is
included, the amount of funds to be transferred shall be
determined according to a formula which is mutually acceptable
to the board office and a duly designated agency representing
Wisconsin. 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 office 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 office to the commissioner of finance annually.
Subd. 4. [NORTH DAKOTA; SOUTH DAKOTA.] 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, the amount of funds to be transferred shall be
determined according to a formula which is mutually acceptable
to the board office and a duly designated agency representing
North Dakota. In adopting a formula, the board office 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 office in the general fund. The amount
required for the payments shall be certified by the executive
director of the higher education coordinating board office 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. 5. [FINANCIAL AID.] The board office may enter into
an agreement, with a state or province with which it has
negotiated a reciprocity agreement for tuition, to permit
students to receive student aid awards from the student's state
or province of residence for attending an eligible institution
in the other state or province.
Subd. 6. [APPROVAL.] An agreement made by the board office
under this section is not valid as to a particular institution
without the approval of that institution's state or provincial
governing board. A valid agreement under this subdivision that
incurs additional financial liability to the state or to any of
the Minnesota public post-secondary boards, beyond enrollment
funding adjustments, must be submitted to the commissioner of
finance and to the chairs of the higher education finance
divisions of the senate and house for review. The agreement
remains valid unless it is disapproved in law.
Sec. 17. Minnesota Statutes 1994, section 136A.101,
subdivision 2, is amended to read:
Subd. 2. "Board" "Office" means the Minnesota higher
education coordinating board services office.
Sec. 18. Minnesota Statutes 1994, section 136A.101,
subdivision 3, is amended to read:
Subd. 3. "Director" means the executive director of the
Minnesota higher education coordinating board services office.
Sec. 19. Minnesota Statutes 1994, section 136A.101,
subdivision 5, is amended to read:
Subd. 5. "Financial need" means the demonstrated need of
the applicant for financial assistance to meet the actual
recognized costs of attending the eligible institution of choice
as determined from financial information on the applicant and,
if required, on the applicant's parents, by a college
scholarship service or equivalent service under criteria
established by the board the federal need analysis.
Sec. 20. Minnesota Statutes 1994, section 136A.101,
subdivision 8, is amended to read:
Subd. 8. "Resident student" 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 without being enrolled at a post-secondary educational
institution for more than five credits in any term;
(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,
if the student was a resident of Minnesota during the student's
period of attendance at the Minnesota high school; 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. 21. Minnesota Statutes 1994, section 136A.101,
subdivision 10, is amended to read:
Subd. 10. "Satisfactory academic progress" means that:
(1) at the end of a point between a student's first and
second academic year of attendance at an institution:,
(1) the student has at least a cumulative grade point
average of C or its equivalent, or academic standing consistent
with its the institution's graduation requirements; or and
(2) The student's failure to have at least a cumulative
grade point average of C or its equivalent, or academic standing
consistent with its graduation requirements, was caused by (a)
the death of a relative of the student; (b) an injury or illness
of the student; or (c) other special circumstances. by the end
of the first term of the third and fourth academic year of
attendance, (i) the student has a cumulative grade point average
of at least a C or its equivalent, (ii) the student's advisor
certifies that the student has reviewed the general education
requirements necessary for graduation and is making satisfactory
progress toward completing them, and (iii) the student's advisor
certifies that the student has chosen a major and reviewed the
requirements necessary for completion of the major.
Sec. 22. Minnesota Statutes 1994, section 136A.121,
subdivision 5, is amended to read:
Subd. 5. [GRANT STIPENDS.] The grant stipend shall be
based on a sharing of responsibility for covering the recognized
cost of attendance by the applicant, the applicant's family, and
the government. The amount of a financial stipend must not
exceed a grant applicant's recognized cost of attendance, as
defined in subdivision 6, after deducting the following:
(1) a contribution by the grant applicant the assigned
student responsibility of at least 50 percent of the cost of
attending the institution of the applicant's choosing;
(2) for an applicant who is not an independent student, a
contribution by the grant applicant's parents, the assigned
family responsibility, as determined by a standardized the
federal need analysis, which for (i) dependent students, is the
parental contribution as calculated by the federal need
analysis, and for (ii) independent students, is the student
contribution as determined by the federal need analysis; and
(3) the amount of a federal Pell grant award for which the
grant applicant is eligible.
The minimum financial stipend is $100 $300 per academic
year.
Sec. 23. Minnesota Statutes 1994, section 136A.121,
subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] (a) The recognized cost of
attendance consists of allowances specified by the board in law
for room and board and miscellaneous expenses, and
(1) for public institutions, tuition and fees charged by
the institution; or
(2) for private institutions, an allowance for tuition and
fees equal to the lesser of the actual tuition and fees charged
by the institution, or the instructional costs per full-year
equivalent student in comparable public institutions private
institution tuition maximums established in law.
(b) For the purpose of paragraph (a), clause (2),
"comparable public institutions" to both the private institution
tuition maximum for two- and four-year, private, residential,
liberal arts, degree-granting colleges and universities must be
the same.
(c) For a student attending less than full time, the board
office shall prorate the recognized cost of attendance to the
actual number of credits for which the student is enrolled.
The recognized cost of attendance for a student who is
confined to a Minnesota correctional institution shall consist
of the tuition and fee component in clause (1) or (2), with no
allowance for living expenses.
Sec. 24. Minnesota Statutes 1994, section 136A.121,
subdivision 9, is amended to read:
Subd. 9. [AWARDS.] An undergraduate student who meets the
board's office's requirements is eligible to apply for and
receive a grant in any year of undergraduate study unless the
student has obtained a baccalaureate degree or previously has
been enrolled full time or the equivalent for eight semesters or
12 quarters, excluding courses taken from a Minnesota school or
post-secondary institution which is not participating in the
state grant program and from which a student transferred no
credit.
Sec. 25. Minnesota Statutes 1994, section 136A.121, is
amended by adding a subdivision to read:
Subd. 9a. [FULL-YEAR GRANTS.] Students may receive state
grants for four consecutive quarters or three consecutive
semesters during the course of a single fiscal year. In
calculating a state grant for the fourth quarter or third
semester, the office must use the same calculation as it would
for any other term, except that the calculation must subtract
any Pell grant for which a student would be eligible even if the
student has exhausted the Pell grant for that fiscal year.
Sec. 26. Minnesota Statutes 1994, section 136A.121,
subdivision 16, is amended to read:
Subd. 16. [HOW APPLIED; ORDER.] Grants awarded under this
section and sections 136A.132 to 136A.1354 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 grant account.
Sec. 27. Minnesota Statutes 1994, section 136A.125,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND LENGTH OF GRANTS.] The amount of a
child care grant must be based on:
(1) the income of the applicant and the applicant's spouse,
if any;
(2) the number in the applicant's family, as defined by the
board; and
(3) the number of eligible children in the applicant's
family.
The maximum award to the applicant shall be $1,500 $1,700
for each eligible child per academic year. The board office
shall prepare a chart to show the amount of a grant that will be
awarded per child based on the factors in this subdivision. The
chart shall include a range of income and family size.
Sec. 28. Minnesota Statutes 1994, section 136A.125,
subdivision 6, is amended to read:
Subd. 6. [YEARLY ALLOCATIONS TO INSTITUTIONS.] The board
office shall base yearly allocations on the need for funds using
relevant factors as determined by the board office in
consultation with the institutions. Up to five percent of
the allocation money spent on students' child care awards, as
determined by the board office, may be used for an institution's
administrative expenses related to the child care grant
program. Any money designated, but not used, for this purpose
must be reallocated to child care grants. An institution may
carry forward or backward ten percent of its annual allocation
to be used for awards in the previous or subsequent academic
year.
Sec. 29. Minnesota Statutes 1994, section 136A.1359,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A nursing grant program is
established under the authority of the higher education
coordinating board services office to provide grants to students
who are persons of color who are entering or enrolled in an
educational program that leads to licensure as a registered
nurse, or advanced nursing education.
Sec. 30. Minnesota Statutes 1994, section 136A.1359,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] To be eligible to receive a grant,
a student shall be:
(1) a citizen of the United States or permanent resident of
the United States;
(2) a resident of the state of Minnesota;
(3) an Asian Pacific-American, African-American, American
Indian, or Hispanic-American (Latino, Chicano, or Puerto Rican);
(4) entering or enrolled in a nursing program in Minnesota
that leads to licensure as a registered nurse, a baccalaureate
degree in nursing, a master's degree in nursing, or program of
advanced nursing education; and
(5) eligible under any additional criteria established by
the school, college, or program of nursing in which the student
is enrolled. Students applying for a grant must be willing to
practice in Minnesota for at least three years following
licensure.
The grant must be awarded for one academic year but is
renewable for a maximum of six semesters or nine quarters of
full-time study, or their equivalent.
Sec. 31. Minnesota Statutes 1994, section 136A.1359,
subdivision 3, is amended to read:
Subd. 3. [RESPONSIBILITY OF NURSING PROGRAMS.] Each
school, college, or program of nursing that wishes to
participate in the student nursing grant program shall apply to
the higher education coordinating board services office for
grant money, according to policies established by the board
office. A school, college, or program of nursing shall
establish criteria to use in awarding the grants. The criteria
must include consideration of the likelihood of a student's
success in completing the nursing educational program and must
give priority to students with the greatest financial
need. Grants must be $2,500 per year. Each grant must be for a
minimum of $2,000 but not exceed $4,000. Each school, college,
or program of nursing shall agree that the money awarded through
this grant program must not be used to replace any other grant
or scholarship money for which the student would be otherwise
eligible.
Sec. 32. Minnesota Statutes 1994, section 136A.15,
subdivision 3, is amended to read:
Subd. 3. "Board" "Office" means the Minnesota higher
education coordinating board services office.
Sec. 33. Minnesota Statutes 1994, section 136A.15,
subdivision 4, is amended to read:
Subd. 4. "Director" means the executive director of the
Minnesota higher education coordinating board services office.
Sec. 34. Minnesota Statutes 1994, section 136A.16,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding chapter 16B, the Minnesota
higher education coordinating board services office is
designated as the administrative agency for carrying out the
purposes and terms of sections 136A.15 to 136A.1702. The board
office may establish one or more loan programs.
Sec. 35. Minnesota Statutes 1994, section 136A.233,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231
to 136A.233, the words defined in this subdivision have the
meanings ascribed to them.
(a) "Eligible student" means a Minnesota resident enrolled
or intending to enroll at least half time in a degree, diploma,
or certificate program in a Minnesota post-secondary institution.
(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 services office.
(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.
(e) "Eligible post-secondary institution" means any
post-secondary institution eligible for participation in the
Minnesota state grant program as specified in section 136A.101,
subdivision 4.
(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.
(g) "Half-time" for undergraduates has the meaning given in
section 136A.101, subdivision 7b, and for graduate students is
defined by the institution.
Sec. 36. Minnesota Statutes 1994, section 136A.26,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Minnesota higher
education facilities authority shall consist of eight members
appointed by the governor with the advice and consent of the
senate, and the executive director of the Minnesota higher
education coordinating board. The executive director of the
coordinating board may designate a member of the director's
staff to sit in the director's place as a member of the
authority a representative of the higher education services
office.
All members to be appointed by the governor shall be
residents of the state. At least two members must reside
outside the metropolitan area as defined in section 473.121,
subdivision 2. At least one of the members shall be a person
having a favorable reputation for skill, knowledge, and
experience in the field of state and municipal finance; and at
least one shall be a person having a favorable reputation for
skill, knowledge, and experience in the building construction
field; and at least one of the members shall be a trustee,
director, officer, or employee of an institution of higher
education.
Sec. 37. Minnesota Statutes 1994, section 136A.26,
subdivision 2, is amended to read:
Subd. 2. [TERM; COMPENSATION; REMOVAL.] The membership
terms, compensation, removal of members, and filling of
vacancies for authority members other than the executive
director of the higher education coordinating board or the
director's designee representative of the higher education
services office, and the chief executive officer president of
the private college council, shall be as provided in section
15.0575.
Sec. 38. Minnesota Statutes 1994, section 136A.42, is
amended to read:
136A.42 [ANNUAL REPORT.]
The authority shall keep an accurate account of all of its
activities and all of its receipts and expenditures and shall
annually make a report thereof to the higher education
coordinating board services office. The higher education
coordinating board shall review and comment upon the report and
make such recommendations as it deems necessary to the governor
and the legislature.
Sec. 39. Minnesota Statutes 1994, section 136A.62,
subdivision 2, is amended to read:
Subd. 2. [BOARD OFFICE.] "Board" "Office" means the
Minnesota higher education coordinating board services office.
Sec. 40. [136A.685] [PRIVATE INSTITUTIONS; ADJUDICATION OF
FRAUD OR MISREPRESENTATION.]
The office shall not provide registration or degree or name
approval to a school if there has been a criminal or civil
adjudication of fraud or misrepresentation in Minnesota or in
another state or jurisdiction against the school or its owner,
officers, agents, or sponsoring organization. Such an
adjudication of fraud or misrepresentation shall be sufficient
cause for the office to determine that a school:
(1) does not qualify for exemption under section 136A.657;
or
(2) is not approved to grant degrees or to use the term
"academy," "institute," or "university" in its name.
Sec. 41. Minnesota Statutes 1994, section 136A.69, is
amended to read:
136A.69 [FEES.]
The board may office shall collect reasonable registration
fees not to exceed $450 for an initial registration of each
school and $350 for each annual renewal of an existing
registration that are sufficient to recover, but do not exceed,
its costs of administering the registration program.
Sec. 42. Minnesota Statutes 1994, section 136A.81,
subdivision 1, is amended to read:
Subdivision 1. [FEES AND TUITION.] Except for an
administration fee of $6 a credit hour established by the
governing board at a level to recover costs, to be collected
only when a course is taken for credit, a senior citizen who is
a legal resident of Minnesota is entitled without payment of
tuition or activity fees to attend courses offered for credit,
audit any courses offered for credit, or enroll in any noncredit
adult vocational education courses in any state supported
institution of higher education in Minnesota when space is
available after all tuition-paying students have been
accommodated. For the purposes of this section and section
136A.80, the term "noncredit adult vocational education courses"
shall not include those adult vocational education courses
designed and offered specifically and exclusively for senior
citizens.
The provisions of this section and section 136A.80 do not
apply to noncredit courses designed and offered by the
University of Minnesota, and the Minnesota state university
system, the community college system, and the technical colleges
and universities specifically and exclusively for senior
citizens. Senior citizens enrolled under the provisions of this
section and section 136A.80 shall not be included by such
institutions in their computation of full-time equivalent
students when requesting staff or appropriations. The enrollee
shall pay laboratory or material fees.
Sec. 43. Minnesota Statutes 1994, section 141.25,
subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] (a) Applications for
initial license under sections 141.21 to 141.36 shall be
accompanied by $650 as a nonrefundable application
fee established by the office that is sufficient to recover, but
not exceed, its administrative costs.
(b) All licenses shall expire one year from the date issued
by the board office. Each renewal application shall be
accompanied by a nonrefundable renewal fee of $650 established
by the office that is sufficient to recover, but does not
exceed, its administrative costs.
(c) Application for renewal of license shall be made at
least 30 days before the expiration of the school's current
license. Each renewal form shall be supplied by the board
office. It shall not be necessary for an applicant to supply
all information required in the initial application at the time
of renewal unless requested by the board office.
Sec. 44. Minnesota Statutes 1994, section 144.1487,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of sections
144.1487 to 144.1492, the following definitions apply definition
applies.
(b) "Board" means the higher education coordinating board.
(c) "Health professional shortage area" means an area
designated as such by the federal Secretary of Health and Human
Services, as provided under Code of Federal Regulations, title
42, part 5, and United States Code, title 42, section 254E.
Sec. 45. Minnesota Statutes 1994, section 144.1488,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES OF THE COMMISSIONER OF HEALTH.] The
commissioner shall administer the state loan repayment program.
The commissioner shall:
(1) ensure that federal funds are used in accordance with
program requirements established by the federal National Health
Services Corps;
(2) notify potentially eligible loan repayment sites about
the program;
(3) develop and disseminate application materials to sites;
(4) review and rank applications using the scoring criteria
approved by the federal Department of Health and Human Services
as part of the Minnesota department of health's National Health
Services Corps state loan repayment program application;
(5) select sites that qualify for loan repayment based upon
the availability of federal and state funding;
(6) provide the higher education coordinating board with a
list of qualifying sites; and
(7) carry out other activities necessary to implement and
administer sections 144.1487 to 144.1492.
The commissioner shall enter into an interagency agreement
with the higher education coordinating board to carry out the
duties assigned to the board under sections 144.1487 to 144.1492.
(7) verify the eligibility of program participants;
(8) sign a contract with each participant that specifies
the obligations of the participant and the state;
(9) arrange for the payment of qualifying educational loans
for program participants;
(10) monitor the obligated service of program participants;
(11) waive or suspend service or payment obligations of
participants in appropriate situations;
(12) place participants who fail to meet their obligations
in default; and
(13) enforce penalties for default.
Sec. 46. Minnesota Statutes 1994, section 144.1488,
subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE HEALTH PROFESSIONALS.] (a) To be
eligible to apply to the higher education coordinating board
commissioner for the loan repayment program, health
professionals must be citizens or nationals of the United
States, must not have any unserved obligations for service to a
federal, state, or local government, or other entity, and must
be ready to begin full-time clinical practice upon signing a
contract for obligated service.
(b) In selecting physicians for participation, the board
commissioner shall give priority to physicians who are board
certified or have completed a residency in family practice,
osteopathic general practice, obstetrics and gynecology,
internal medicine, or pediatrics. A physician selected for
participation is not eligible for loan repayment until the
physician has an employment agreement or contract with an
eligible loan repayment site and has signed a contract for
obligated service with the higher education coordinating
board commissioner.
Sec. 47. Minnesota Statutes 1994, section 144.1489,
subdivision 1, is amended to read:
Subdivision 1. [CONTRACT REQUIRED.] Before starting the
period of obligated service, a participant must sign a contract
with the higher education coordinating board commissioner that
specifies the obligations of the participant and the board
commissioner.
Sec. 48. Minnesota Statutes 1994, section 144.1489,
subdivision 3, is amended to read:
Subd. 3. [LENGTH OF SERVICE.] Participants must agree to
provide obligated service for a minimum of two years. A
participant may extend a contract to provide obligated service
for a third year, subject to board approval by the commissioner
and the availability of federal and state funding.
Sec. 49. Minnesota Statutes 1994, section 144.1489,
subdivision 4, is amended to read:
Subd. 4. [AFFIDAVIT OF SERVICE REQUIRED.] Within 30 days
of the start of obligated service, and by February 1 of each
succeeding calendar year, a participant shall submit an
affidavit to the board commissioner stating that the participant
is providing the obligated service and which is signed by a
representative of the organizational entity in which the service
is provided. Participants must provide written notice to
the board commissioner within 30 days of: a change in name or
address, a decision not to fulfill a service obligation, or
cessation of clinical practice.
Sec. 50. Minnesota Statutes 1994, section 144.1490, is
amended to read:
144.1490 [RESPONSIBILITIES OF THE LOAN REPAYMENT PROGRAM.]
Subdivision 1. [LOAN REPAYMENT.] Subject to the
availability of federal and state funds for the loan repayment
program, the higher education coordinating board commissioner
shall pay all or part of the qualifying education loans up to
$20,000 annually for each primary care physician participant
that fulfills the required service obligation. For purposes of
this provision, "qualifying educational loans" are government
and commercial loans for actual costs paid for tuition,
reasonable education expenses, and reasonable living expenses
related to the graduate or undergraduate education of a health
care professional.
Subd. 2. [PROCEDURE FOR LOAN REPAYMENT.] Program
participants, at the time of signing a contract, shall designate
the qualifying loan or loans for which the higher education
coordinating board commissioner is to make payments. The
participant shall submit to the board commissioner all payment
books for the designated loan or loans or all monthly billings
for the designated loan or loans within five days of receipt.
The board commissioner shall make payments in accordance with
the terms and conditions of the designated loans, in an amount
not to exceed $20,000 when annualized. If the amount paid by
the board commissioner is less than $20,000 during a 12-month
period, the board commissioner shall pay during the 12th month
an additional amount towards a loan or loans designated by the
participant, to bring the total paid to $20,000. The total
amount paid by the board commissioner must not exceed the amount
of principal and accrued interest of the designated loans.
Sec. 51. Minnesota Statutes 1994, section 144.1491,
subdivision 2, is amended to read:
Subd. 2. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or
service obligations cancel in the event of a participant's
death. The board commissioner may waive or suspend payment or
service obligations in case of total and permanent disability or
long-term temporary disability lasting for more than two years.
The board commissioner shall evaluate all other requests for
suspension or waivers on a case-by-case basis.
Sec. 52. Minnesota Statutes 1994, section 298.2214,
subdivision 5, is amended to read:
Subd. 5. [HECB AND SYSTEM APPROVAL.] A program may not be
offered under a contract executed according to this section
unless it is approved by the higher education coordinating board
and the board of the system offering the program.
Sec. 53. Laws 1993, chapter 326, article 12, section 15,
subdivision 4, is amended to read:
Subd. 4. [PROFESSIONAL EDUCATION AND LICENSURE.] By March
15, 1994, The center shall convene task forces for professions
that work with victims and perpetrators of violence. Task
forces must be formed for the following professions: teachers,
school administrators, guidance counselors, law enforcement
officers, lawyers, physicians, nurses, psychologists, and social
workers. Each task force must include representatives of the
licensing agency, higher education systems offering programs in
the profession, appropriate professional associations, students
or recent graduates, representatives of communities served by
the profession, and employers or experienced professionals. The
center must establish guidelines for the work of the task
forces. Each task force must review current programs, licensing
regulations and examinations, and accreditation standards to
identify specific needs and plans for ensuring that
professionals are adequately prepared and updated on violence
and abuse issues.
Sec. 54. Laws 1993, chapter 326, article 12, section 15,
subdivision 5, is amended to read:
Subd. 5. [PROGRESS REPORT.] The center shall provide a
progress report to the legislature by March 15, 1994 1996.
Sec. 55. Laws 1993, First Special Session chapter 2,
article 1, section 2, subdivision 3, is amended to read:
Subd. 3. State Grants
101,950,000 97,950,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available for it.
The legislature intends that the higher
education coordinating board make full
grant awards in each year of the
biennium.
This appropriation contains money for
increasing living allowances for state
grants to $4,115 each year.
Beginning in the 1994-1995 academic
year, the legislature intends to adopt
the private college cap of $6,814
recommended by the higher education
coordinating board and the department
of finance, pending alternative
recommendations of the financial aid
task force.
The higher education coordinating board
shall meet with the nursing community
in order to evaluate consolidating all
nursing grant programs administered by
the state, and report its findings to
the legislature by February 1, 1994.
This appropriation includes $250,000
each year for grants to nursing
programs to recruit persons of color
and to provide grants to nursing
students who are persons of color. Of
this amount, $100,000 each year is for
recruitment and retention of students
of color in nursing programs leading to
licensure as a registered nurse. Other
than the grants to students, all grants
shall be matched with at least the same
amount from grantee sources for
nonstate money.
This appropriation includes money to
begin postservice benefit accounts for
the youthworks program. By October 1,
1993, the higher education coordinating
board, in consultation with the
youthworks task force, shall design a
plan to administer the postservice
benefit accounts of the youthworks
program. The plan shall include
strategies to augment the appropriation
by maximizing federal and other
nonstate money. The board shall report
the plan to the education committees of
the legislature by October 1, 1993. In
the event that federal money becomes
available for post-secondary
initiatives involving community
service, the board may use this money
for any state contribution required.
Sec. 56. [INITIAL COUNCIL.]
Notwithstanding section 10, the governor shall appoint the
members to the higher education services council by July 1,
1995. One-third of the appointments shall be for two years,
one-third for four years, and one-third for six years.
Sec. 57. [TRANSFER OF PROGRAMS.]
The responsibilities of the higher education coordinating
board, or its successor, confirmed and specified under Minnesota
Statutes, sections 136A.1355 to 136A.1358, are transferred under
Minnesota Statutes, section 15.039, to the Minnesota department
of health.
Sec. 58. [TRANSFER.]
On July 1, 1995, the higher education coordinating board is
abolished and the remaining duties and responsibilities of the
board are transferred to the higher education services office as
provided in Minnesota Statutes, section 15.039, subdivisions 1
to 6. Positions in the higher education coordinating board are
transferred under Minnesota Statutes, section 15.039,
subdivision 7, except that the board shall determine the
incumbents to be transferred, so long as the number of
incumbents transferred is equal to the number of positions
sufficient to carry out the duties being transferred.
All obligations related to bond covenants entered into
under Minnesota Statutes, sections 136A.15 to 136A.1702 are
transferred to the higher education services office under
Minnesota Statutes, section 15.039, subdivision 5a.
Sec. 59. [INSTRUCTION TO REVISOR.]
Subdivision 1. [RENUMBERING.] In the next edition of
Minnesota Statutes, the revisor of statutes shall renumber each
section specified in column A with the number set forth in
column B. The revisor shall make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
136A.80 135A.51
136A.81 135A.52
Subd. 2. [NAME CHANGE.] The revisor of statutes is
directed to change the term "higher education coordinating
board," and similar terms, to "higher education services office,"
or similar terms. The revisor must work with the house and
senate staff in making the changes. The change must be made in
the next edition of Minnesota Statutes and Minnesota Rules.
Subd. 3. [TRANSFER OF DUTIES.] In the next and subsequent
editions of Minnesota Statutes, the revisor shall change the
term "board" to "commissioner" in Minnesota Statutes, sections
136A.1355 to 136A.1358.
Sec. 60. [REPEALER.]
Minnesota Statutes 1994, sections 135A.052, subdivisions 2
and 3; 135A.08, subdivision 3; 135A.09; 135A.11; 135A.12,
subdivision 5; 136A.02; 136A.04; 136A.041; 136A.125, subdivision
5; 136A.85; 136A.86; 136A.88; 136D.77; 136D.81, subdivision 2;
144.1488, subdivision 2; and 148.236; and Laws 1993, chapter
326, article 12, section 15, subdivision 2, are repealed.
ARTICLE 4
MERGER
Section 1. Minnesota Statutes 1994, section 3.9741,
subdivision 2, is amended to read:
Subd. 2. [POST-SECONDARY EDUCATION BOARD.] The legislative
auditor may enter into an interagency agreement with
the community college board, state university board, or the
state board of technical board of trustees of the Minnesota
state colleges and universities to conduct financial audits, in
addition to audits conducted under section 3.972, subdivision
2. All payments received for audits requested by the board
shall be paid to the legislative auditor's account and need not
be deposited in the general fund.
Sec. 2. Minnesota Statutes 1994, section 15.38,
subdivision 3, is amended to read:
Subd. 3. [MINNESOTA STATE COLLEGES AND UNIVERSITIES.] The
state university board of trustees of the Minnesota state
colleges and universities may purchase insurance coverage as it
deems necessary and appropriate to protect buildings and
contents and for activities ancillary to the programs of the
state colleges and universities.
DEFINITIONS
Sec. 3. [136F.01] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of this chapter,
the following terms have the meanings given them.
Subd. 2. [BOARD OR BOARD OF TRUSTEES.] "Board" or "board
of trustees" means the board of trustees of the Minnesota state
colleges and universities.
Subd. 3. [CHANCELLOR.] "Chancellor" means the chancellor
of the Minnesota state colleges and universities.
Subd. 4. [STATE COLLEGES AND UNIVERSITIES.] "State
colleges and universities" means Minnesota state colleges and
universities governed by the board of trustees.
Subd. 5. [STUDENT ACTIVITIES.] "Student activities" means
lectures, concerts, and other functions contributing to the
mental, moral, and cultural development of the student body and
community in which they live, athletic activities, including
intercollegiate contests, forensics, dramatics, and such other
activities of any nature as in the opinion of the board
contribute to the educational, cultural, or physical well being
of the student body.
Sec. 4. [PRINCIPLES.]
Subdivision 1. [FINDINGS; INTENT.] In merging the state
universities, community colleges, and technical colleges, the
legislature intends to seek ways to preserve access to quality
post-secondary education in Minnesota, to enhance the choices of
students who attend public colleges and universities, to improve
accountability, and to provide cost-effective programs.
Subd. 2. [BOARD.] It is the role of the board to govern
the institutions for which it is responsible through policy and
decision making that are necessary to ensure that needs of the
state and the ability of institutions to provide education are
met. Further, it is the role of the board to ensure that the
institutions are well managed and that the state's investment is
enhanced by choosing a chancellor, presidents, and other
employees who will provide leadership to the system, college, or
university, and by holding them accountable. Finally, it is the
role of the board to balance the competing needs of the colleges
and universities, determine the priorities among those needs,
and coordinate institutional actions to ensure that the state's
interests are well served, while preserving and enhancing the
local identities and initiatives of the colleges and
universities.
Subd. 3. [SYSTEM OFFICE.] It is the role of the chancellor
and the system office to provide general management of the
colleges and universities necessary to protect the state's
investment, particularly in the areas of financial
accountability and programmatic offerings. It is the further
role of the system office to carry out the policies of the board
while providing information and advice on development of those
policies. Finally, it is the role of the system office to
provide the leadership and services the campuses need to provide
quality education in an efficient manner and to hold the
campuses accountable for their actions.
Subd. 4. [COLLEGES AND UNIVERSITIES.] It is the role of
the colleges and universities to provide quality education and
services to meet the needs of students and of the state. In so
doing, it is the role of the colleges and universities to
provide the day-to-day management and decision making that
affect the education they deliver. It is the role of the
college and university presidents to provide leadership on the
campuses, while promoting a collegial environment that involves
faculty, staff, and students in decision making.
Subd. 5. [BOARD ACTION.] In accordance with the principles
in section 136F.011, the board shall review the proposed
structure of the system office with the objective of further
reducing or eliminating those functions that are unnecessary.
Savings that occur shall be redirected to support instruction on
the campuses.
BOARD OF TRUSTEES
Sec. 5. Minnesota Statutes 1994, section 136E.01,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The higher education board,
referred to in sections 136E.01 to 136E.05 as "the board,"
consists of 15 members appointed by the governor with the advice
and consent of the senate. At least one member of the board
must be a resident of each congressional district. Three
members must be students who are enrolled at least half-time in
a degree, diploma, or certificate program or have graduated from
an institution governed by the board within one year of the date
of appointment. The student members shall include: one member
from a community college, one member from a state university,
and one member from a technical college. The remaining members
must be appointed to represent the state at large.
Sec. 6. Minnesota Statutes 1994, section 136E.02,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] A higher education candidate
advisory council for the board candidate advisory council of
trustees of the Minnesota state colleges and universities shall
assist the governor in determining criteria for, and identifying
and recruiting qualified candidates for, nonstudent membership
on the higher education board.
Sec. 7. Minnesota Statutes 1994, section 136E.02,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The advisory council shall:
(1) develop a statement of the selection criteria to be
applied and a description of the responsibilities and duties of
a member of the higher education board and shall distribute this
to potential candidates; and
(2) for each position on the board, identify and recruit
qualified candidates for the board, based on the background and
experience of the candidates, and their potential for
discharging the responsibilities of a member of the board.
Sec. 8. Minnesota Statutes 1994, section 136E.02,
subdivision 4, is amended to read:
Subd. 4. [RECOMMENDATIONS.] The advisory council shall
recommend at least two and not more than four candidates for
each seat. By January 2 April 15 of each even-numbered year,
the advisory council shall submit its recommendations to the
governor. The governor is not bound by these recommendations.
Sec. 9. Minnesota Statutes 1994, section 136E.021,
subdivision 2, is amended to read:
Subd. 2. [CRITERIA.] After consulting with the higher
education board of trustees candidate advisory council, the
student associations shall jointly develop a statement of the
selection criteria to be applied to potential candidates.
Sec. 10. Minnesota Statutes 1994, section 136E.04,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL AUTHORITY.] The board shall
manage, supervise, and control possess all powers necessary to
govern the technical state colleges, community colleges, and
state universities and all related property. It Those powers
shall include, but are not limited to, those enumerated in this
section. The board shall prescribe courses of study and
conditions of admission, prepare and confer diplomas set tuition
and fees, prescribe requirements for completion of programs,
approve the awarding of appropriate certificates, diplomas, and
degrees, and adopt suitable policies for the institutions it
manages governs. Sections 14.01 to 14.47 do not apply to
policies and procedures of the board.
Sec. 11. Minnesota Statutes 1994, section 136E.04, is
amended by adding a subdivision to read:
Subd. 1a. [GOVERNANCE AUTHORITY.] The board shall have the
authority needed to operate and govern the state colleges and
universities unless otherwise directed or limited by law.
Sec. 12. Minnesota Statutes 1994, section 136E.04, is
amended by adding a subdivision to read:
Subd. 4a. [OFFICE LOCATION.] Notwithstanding chapter 16B,
the board may select the location for its central office.
Sec. 13. [136E.041] [CHANCELLOR.]
The board shall appoint a chancellor who shall serve in the
unclassified service. The chancellor shall possess powers and
perform duties as delegated by the board. The board shall set
the salary of the chancellor according to section 15A.081,
subdivision 7b.
DESIGNATION
Sec. 14. [136F.10] [DESIGNATION.]
The following are designated as the Minnesota state
colleges and universities: the community colleges located at
Austin, Bloomington, Brainerd, Brooklyn Park, Cloquet, Coon
Rapids, Ely, Fergus Falls, Grand Rapids, Hibbing, International
Falls, Inver Grove Heights, Minneapolis, Rochester, Thief River
Falls, Virginia, White Bear Lake, Willmar, and Worthington; the
community college centers located at Cambridge and Duluth; the
state universities located at Bemidji, Mankato, Marshall,
Moorhead, St. Cloud, Winona, and the Twin Cities metropolitan
area; and the technical colleges located at Alexandria, Albert
Lea, Anoka, Austin, Bemidji, Brainerd, Brooklyn Park, Canby,
Detroit Lakes, Duluth, East Grand Forks, Eden Prairie, Eveleth,
Faribault, Granite Falls, Hibbing, Hutchinson, Jackson,
Minneapolis, Mahtomedi, Moorhead, North Mankato, Pine City,
Pipestone, Red Wing, Rochester, Rosemount, St. Cloud, St. Paul,
Staples, Thief River Falls, Wadena, Willmar, and Winona.
Sec. 15. [136F.12] [FOND DU LAC CAMPUS.]
The Fond du Lac campus has a unique mission among two-year
colleges to serve the lower division general education needs in
Carlton and south St. Louis counties, and the education needs of
American Indians throughout the state and especially in northern
Minnesota. Accordingly, while the college is governed by the
board of trustees, its governance is accomplished in conjunction
with the board of directors of Fond du Lac tribal college. By
July 1, 1995, the board of trustees and the board of directors
of Fond du Lac tribal college shall implement the mechanisms
necessary to accomplish the sharing of authority while ensuring
accountability for college actions. The mechanisms shall
supersede any previous arrangement, agreement, or memorandum of
understanding.
Sec. 16. [136F.14] [CAMPUS MERGER OR REORGANIZATION.]
The board may merge or reorganize campuses or centers for
the purpose of increased efficiency, use of personnel, placement
of programs, student access, and other needs as determined by
the board. The board shall report its action to the legislature.
Sec. 17. [136F.16] [CAMPUS ESTABLISHMENT.]
Subdivision 1. [NEW STATE COLLEGES AND UNIVERSITIES.] A
new state college or university shall be established only by
specific legislation. For the purposes of this subdivision,
campuses or centers that are merged or reorganized under section
136F.14 are not new state colleges or universities.
Subd. 2. [CAMPUS OR CENTER SITE.] The board may determine
the exact location and site for each campus or center.
Subd. 3. [OFF-CAMPUS SITES.] The board shall not establish
off-campus centers or other permanent sites to provide academic
programs, courses, or student services without authorizing
legislation. For the purposes of this subdivision, the campus
of Metropolitan State University is the seven-county
metropolitan area.
Sec. 18. [136F.18] [CAMPUS CLOSING.]
The board may close a campus or center under its
jurisdiction. Prior to closing a campus or center, the board
shall hold a public hearing on the issue in the area which would
be affected by the closing. At the hearing affected persons
shall have an opportunity to present testimony. The board shall
give notice of this hearing by publishing notice in the State
Register and in a newspaper of general circulation in the
affected area at least 30 days before the scheduled hearing.
STUDENTS
Sec. 19. [136F.21] [STUDENT HEALTH.]
Subdivision 1. [HEALTH SERVICE.] The board shall offer
health services for students at each state university and may
offer health services for students at each state college. The
health services may be offered either on campus or in the nearby
community. The board may charge each student a health service
fee set by the board. The fees shall be used to maintain the
health service and equip and construct facilities. The fee may
be used to contract for health, medical, and hospitalization
insurance for students. The fees shall be deposited in an
activity fund and are annually appropriated to the board for the
purposes of this subdivision. Each state college and university
shall provide an annual financial accounting of the health
service money to the board.
Subd. 2. [HEALTH BENEFITS.] The board may contract for
hospital benefits coverage and medical benefits coverage for
students in the state colleges and universities in the same
manner as authorized by section 43A.23 for state employees.
Sec. 20. Minnesota Statutes 1994, section 136E.525,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE.] The board shall recognize one
statewide student association for the community colleges, one
for the state universities, and one for the technical colleges.
Each statewide campus student association shall be affiliated
with its campus statewide student associations but association
and all students enrolled on those campuses shall be members of
their respective statewide association.
Sec. 21. Minnesota Statutes 1994, section 136E.525,
subdivision 2, is amended to read:
Subd. 2. [FEES.] Each statewide association shall set its
fees to be collected by the board and shall submit any changes
in its fees to the board for review. The board may revise or
reject the fee change. Fees must be collected by each community
state college, state and university, and technical college and
shall be credited to each association's account to be spent as
determined by that association.
Sec. 22. [136F.22] [STUDENT ASSOCIATIONS; PURCHASING
AUTHORITY.]
Notwithstanding chapter 16A or 16B, the student
associations recognized by the board of trustees of the
Minnesota state colleges and universities may purchase goods or
materials through state purchasing authority for the ordinary
day-to-day operations of the associations. The student
associations must be nonprofit 501(c)(3) organizations in order
to qualify for this authority. The department of administration
may require that the purchase documents be approved by
appropriate officials in the board's central office.
Sec. 23. [136F.24] [LEGAL COUNSELING AND SERVICE PROGRAM;
FUNDING.]
Notwithstanding section 8.06, or any other law or rule to
the contrary, the official campus student association at each
state college or university may fund a program to provide legal
counseling and services to students of the state college or
university. The money shall be from an account of the state
college and university activity funds allocated to the student
associations or other money assigned to them.
Sec. 24. [136F.25] [ABSENCE FOR CHEMICAL ABUSE TREATMENT.]
If a student is absent from a state college or university
to participate in a chemical abuse treatment program licensed by
the state, the student, upon request, shall remain on the roll
in the educational program of the state college or university in
which the student is enrolled, according to policies adopted by
the board.
Sec. 25. [136F.28] [SOUTHWEST ASIA VETERANS; TECHNICAL
COLLEGES.]
Subdivision 1. [GRANTS.] A Southwest Asia veteran who
enrolls in a technical college program, and who is a Minnesota
resident whose entire education has not included completion of
at least one technical college program is eligible for a state
grant of $500 per year if the veteran has GI Montgomery bill
benefits, or $1,000 per year if the veteran does not have GI
Montgomery bill benefits, until the veteran has completed the
lesser of (1) 115 credits in a technical college program, or (2)
one technical college program. The grant is based on full-time
attendance and shall be prorated if the student is attending
less than full time. To be eligible for the tuition relief, a
veteran who is discharged before July 1, 1993, must enroll in a
technical college by July 1, 1995, and a veteran who is
discharged on or after July 1, 1993, must enroll in a technical
college within two years of the date of discharge. All veterans
enrolled under this program must maintain a minimum of six
credits per quarter. Total grants may not exceed the available
appropriation.
Subd. 2. [DEFINITIONS.] For the purpose of this section,
"Southwest Asia veteran" means a person who:
(1) served in the active military service in any branch of
the armed forces of the United States any time between August 1,
1990 and February 27, 1992;
(2) became eligible for the Southwest Asia Service Medal as
a result of the service;
(3) was a Minnesota resident at the time of induction into
the armed forces and for the one year immediately preceding
induction; and
(4) has been separated or discharged from active military
service under conditions other than dishonorable.
CURRICULUM
Sec. 26. [136F.30] [COURSES AND PROGRAMS.]
The board shall prescribe the courses of study, including
graduate and undergraduate academic programs, training in
professional, semiprofessional, and technical fields, and adult
education. The board shall avoid duplicate program offerings.
The board shall place a high priority on ensuring the
transferability of credit.
Sec. 27. [136F.32] [DEGREES; DIPLOMAS; CERTIFICATES.]
The board may approve awarding of appropriate certificates,
diplomas, or degrees to persons who complete a prescribed
curriculum.
Sec. 28. [136F.36] [TECHNICAL COLLEGE CARPENTRY PROGRAM
CONSTRUCTION AUTHORITY.]
Subdivision 1. [AUTHORITY TO ACQUIRE, DEVELOP, AND SELL
REAL PROPERTY FOR INSTRUCTIONAL PURPOSES.] For the purpose of
instructional construction by technical colleges, the board may
purchase or otherwise acquire real property that it does not
intend to use as a permanent educational site. The board may,
upon the terms and conditions it sets, develop and sell real
property acquired under this section. Sale shall be for fair
market value. Where real property acquired under this section
cannot be sold for fair market value, the board may lease the
real property under the terms and conditions it sets. The board
may also contract for the use of real property it does not own.
Where the board makes improvements to real property it does not
own, the landowner shall compensate the board for the fair
market value of the board's contribution to the improvements.
No other authorizing legislation or legislative approval is
required for an acquisition, improvement, or sale under this
section. Proceeds from the sale, lease, or improvement of real
property under this section are appropriated to the board.
Subd. 2. [EXEMPTIONS.] The sale requirements of chapters
92 and 94 do not apply to this section, nor do the leasing
provisions of section 16B.24, nor do the construction
supervision and control provisions of sections 16B.30 to
16B.335. The board will normally competitively bid contracts
related to instructional construction but, notwithstanding the
provisions of sections 16B.07 to 16B.09, may negotiate contracts
without competitive bidding where it deems appropriate.
Subd. 3. [WARRANTIES.] The board may, in its discretion,
offer the warranties contained in chapter 327A.
HUMAN RESOURCES
Sec. 29. [136F.40] [APPOINTMENT OF PERSONNEL.]
The board shall appoint all presidents, teachers, and other
necessary employees and shall prescribe their duties consistent
with chapter 43A. Salaries and benefits of employees must be
determined according to chapters 43A and 179A.
Sec. 30. Minnesota Statutes 1994, section 136E.31, is
amended to read:
136E.31 [ASSIGNMENT TO BARGAINING UNITS.]
Actions by the higher education board to merge or
redesignate institutions or to promote collaborative efforts
between institutions must not unilaterally change faculty
assignments to bargaining units provided in section 179A.10,
subdivision 2.
Sec. 31. [136F.42] [EXTENDED LEAVES OF ABSENCE.]
Subdivision 1. [DEFINITION.] As used in this section,
"teacher" means a person on the instructional or administrative
staff of the state colleges and universities who is a member of
the teachers retirement association under chapter 354 or who is
covered by the unclassified employees plan under chapter 352D or
individual retirement account plan under chapter 354B. It shall
not include a chancellor, deputy chancellor, or vice-chancellor.
Subd. 2. [GRANTING AUTHORITY.] The board may grant an
extended leave of absence without salary to a full-time teacher
who has been employed by the board for at least five years and
has at least ten years of allowable service as defined in
section 354.05, subdivision 13. The maximum duration of an
extended leave of absence pursuant to this section shall be
determined by mutual agreement of the board and the teacher at
the time the leave is granted and shall be at least three but no
more than five years. An extended leave of absence under this
section shall be taken by mutual consent of the board and the
teacher. No teacher may receive more than one leave of absence
under this section.
Subd. 3. [REINSTATEMENT.] A teacher on an extended leave
of absence under this section shall have the right to be
reinstated to the same position or a similar position within the
department or program from which the leave was granted at the
beginning of the school year which immediately follows a year of
extended leave of absence, unless the teacher is discharged or
placed on retrenchment or on layoff or the teacher's contract is
terminated while the teacher is on the extended leave. The
board shall not be obligated to reinstate a teacher who is on an
extended leave of absence under this section unless the teacher
advises the board of an intention to return before February 1 in
the school year preceding the school year in which the teacher
wishes to return.
Subd. 4. [SENIORITY RIGHTS.] A teacher who is reinstated
to the same or similar position after an extended leave under
this section shall not lose tenure or credit for previous
seniority in the employing state college or university. A
teacher shall not accrue seniority credit during the time of a
leave of absence under this section, except that a teacher at a
state college or university may accrue seniority credit during
the leave, consistent with the conditions of the collective
bargaining agreement.
Subd. 5. [SALARY.] The years spent by a teacher on an
extended leave of absence under this section shall not be
included in the determination of the teacher's salary upon
reinstatement to the same or similar position by the board. The
credits earned by a teacher on an extended leave of absence
under this section shall not be included in the determination of
the teacher's salary upon reinstatement to the same or similar
position by the board for a period of time equal to the time of
the extended leave of absence.
Subd. 6. [ALTERNATE LEAVE.] The board may grant a teacher
a leave of absence which is not subject to the provisions of
this section and section 354.094.
Sec. 32. [136F.43] [ANNUITIES.]
Subdivision 1. [PURCHASE.] At the request of an employee,
the board may negotiate and purchase an individual annuity
contract for an employee for retirement or other purposes from a
company licensed to do business in Minnesota, and may allocate a
portion of the compensation otherwise payable to the employee as
salary for the purpose of paying the entire premium due or to
become due under the contract. The allocation shall be made in a
manner that will qualify the annuity premiums, or a portion
thereof, for the benefit afforded under section 403(b) of the
current federal Internal Revenue Code or any equivalent
provision of subsequent federal income tax law. The employee
shall own the contract and the employee's rights thereunder
shall be nonforfeitable except for failure to pay premiums.
Subd. 2. [DEPOSITS; PAYMENT.] All amounts so allocated
shall be deposited in an annuity account established by the
board. Payment of annuity premiums shall be made when due or in
accordance with the salary agreement entered into between the
employee and the board. The money in the annuity account is not
subject to the budget, allotment, and incumbrance system
provided for in chapter 16A.
Sec. 33. [136F.44] [NONPROFIT FOUNDATION PAYROLL
DEDUCTION.]
Subdivision 1. [REQUEST; WARRANT.] The commissioner of
finance, upon the written request of an employee of the board,
may deduct from an employee's salary or wages the amount
requested for payment to a nonprofit state college or university
foundation meeting the requirements in subdivision 2. The
commissioner shall issue a warrant for the deducted amount to
the nonprofit foundation. The Penny fellowship of the Minnesota
state university student association shall be considered a
nonprofit state college and university foundation for purposes
of this section.
Subd. 2. [FOUNDATION APPLICATION; APPROVAL.] A nonprofit
state college or university foundation that desires to receive
contributions through payroll deductions shall apply to the
board for approval to participate in the payroll deduction
plan. The board may approve the application for participation
if the foundation:
(1) is tax exempt under section 501(c)3 of the Internal
Revenue Code of 1986, as amended;
(2) qualifies for tax deductible contributions under
section 170 of the Internal Revenue Code of 1986, as amended;
(3) secures funding solely for distribution to a state
college or university or for distribution to students in the
form of scholarships; and
(4) has been incorporated according to chapter 317A for at
least one calendar year before the date it applies to the board
for approval.
Subd. 3. [SOLICITATION.] Efforts to secure payroll
deductions authorized in subdivision 1 may not interfere with,
require a modification of, nor be conducted during the period of
a payroll deduction fund drive for employees authorized by
section 309.501.
Sec. 34. [136F.45] [EMPLOYER-PAID HEALTH INSURANCE.]
(a) This section applies to a person who:
(1) retires from the state university system, the technical
college system, or the community college system, or from a
successor system employing state university, technical college,
or community college faculty, with at least ten years of service
credit in the system from which the person retires;
(2) was employed on a full-time basis immediately preceding
retirement as a state university, technical college, or
community college faculty member;
(3) begins drawing an annuity from the teachers retirement
association or from the first class cities teachers retirement
funds; and
(4) returns to work on not less than a one-third time basis
and not more than a two-thirds time basis in the system from
which the person retired under an agreement in which the person
may not earn a salary of more than $35,000 in a calendar year
from employment in the system from which the person retired.
(b) Initial participation, the amount of time worked, and
the duration of participation under this section must be
mutually agreed upon by the employer and the employee. The
employer may require up to one-year notice of intent to
participate in the program as a condition of participation under
this section. The employer shall determine the time of year the
employee shall work.
(c) For a person eligible under paragraphs (a) and (b), the
employing board shall make the same employer contribution for
hospital, medical, and dental benefits as would be made if the
person were employed full time.
(d) For work under paragraph (a), a person must receive a
percentage of the person's salary at the time of retirement that
is equal to the percentage of time the person works compared to
full-time work.
(e) If a collective bargaining agreement covering a person
provides for an early retirement incentive that is based on age,
the incentive provided to the person must be based on the
person's age at the time employment under this section ends.
However, the salary used to determine the amount of the
incentive must be the salary that would have been paid if the
person had been employed full time for the year immediately
preceding the time employment under this section ends.
Sec. 35. [136F.495] [LICENSURE.]
The board may adopt policies for licensure of teaching
personnel in technical colleges and may establish a processing
fee for the issuance, renewal, or extension of a license.
ADMINISTRATION
Sec. 36. [136F.50] [COOPERATION OR PROMOTION OF A STATE
COLLEGE OR UNIVERSITY.]
The board may cooperate by contractual arrangement or
otherwise with responsible persons, firms, corporations,
associations, or governmental agencies to promote short courses,
research, and other programs and activities in the state
colleges and universities as in the judgment of the board
contribute to the development of the state colleges and
universities and the welfare of their students.
Sec. 37. Minnesota Statutes 1994, section 136E.05, is
amended to read:
136E.05 [LOCAL ADVISORY COMMITTEES.]
Subdivision 1. [APPOINTMENT.] The president, with the
approval of the chancellor and the board, may appoint a local
advisory committee for each campus. Committee members must be
qualified people who have knowledge of and interest in the
campus. The board shall define the role and authority of the
advisory committees and establish procedures for the
appointment, terms, and termination of members. The president
or an appointee of the president shall regularly meet and
consult with the local advisory committee.
Subd. 2. [COMPENSATION.] Advisory committee members shall
serve without compensation and without reimbursement for
expenses.
Sec. 38. [136F.54] [PARKING AND TRAFFIC REGULATION.]
Subdivision 1. [BOARD POWER.] Notwithstanding section
169.966, the board may authorize a state college or university
to adopt and enforce policies, 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 state college or university.
Subd. 2. [FINES; FEES.] A state college or university may
collect a fine and a towing fee for a violation. Money
collected under this section by a state college or university is
annually appropriated to the state college or university for
parking lot maintenance, improvement, and policy enforcement.
Subd. 3. [DISPUTES.] A state college or university, with
the approval of the board, shall establish procedures to resolve
a dispute arising from enforcement of a policy.
Subd. 4. [PROCEDURE.] Chapter 14 does not apply to this
section.
Subd. 5. [ENFORCEMENT.] Every sheriff, constable, police
officer, or other peace officer shall have authority to enforce
all policies and ordinances adopted pursuant to this section and
shall have authority to arrest and prosecute offenders for
violations of law.
Sec. 39. [136F.56] [STUDENT HOUSING MANAGEMENT.]
The board may contract with student housing facility owners
or on-site management firms to assist in the operation, control,
and management of the facility.
Sec. 40. [136F.58] [STATE COUNCIL ON VOCATIONAL TECHNICAL
EDUCATION.]
Subdivision 1. [STATE AGENCY PURPOSE.] The state council
on vocational technical education, formerly known as the
Minnesota state advisory council for vocational education, is a
state agency in the executive branch. Its purpose is to
implement section 112 of the Carl D. Perkins Vocational
Education Act of 1984, United States Code, title 20, section
2322, and other purposes necessary to improve vocational
technical education.
Subd. 2. [MEMBERS; TERMS.] The governor shall appoint the
members of the council according to United States Code, title
20, section 2322. Except as otherwise provided by that act,
members are governed by section 15.0575.
Subd. 3. [OFFICES.] The commissioner of administration
shall provide the council with suitable office space,
furnishings, and equipment.
Subd. 4. [FUNDING.] Federal, state, or private money
received by the council must be deposited in the state treasury
and credited to a special account for the council. The council
has sole authority to spend its money. The money may not be
diverted or reprogrammed by any agency or person to any other
purpose. Unless restricted by federal or other state law, the
council may carry forward any unexpended balance from one fiscal
year to the next and from one fiscal biennium to the next.
Subd. 5. [SERVICE CONTRACTS.] The council may contract for
the services it needs to carry out its function. The council
may also contract to provide services to other organizations.
The contracts are not subject to the contract approval
procedures of the commissioner of administration or of chapter
16B.
Subd. 6. [FISCAL AGENT.] The board shall act as fiscal
agent for the council and provide other support services
necessary for disbursements, accounting, auditing, and reporting.
Subd. 7. [STAFF.] The council may employ an executive
director and other staff needed to carry out its duties. The
executive director shall serve in the unclassified service and
may be paid an allowance not to exceed $2,000 annually for
miscellaneous expenses in connection with duties of the office.
The council may contract with professional, technical, and
clerical consultants and interns needed to carry out its
functions.
Sec. 41. [136F.591] [BOOKSTORES.]
The board may permit a state college or university to
conduct a bookstore in a state college or university building,
or may allocate space in a state college or university building
and permit a person or corporation to conduct a bookstore
therein without rent at the board's pleasure and on such
conditions as the board may impose. The board may provide
insurance, at no cost to the state, for the inventory of a
bookstore a state college or university conducts in its building.
FACILITIES
Sec. 42. [136F.60] [COLLEGE AND UNIVERSITY SITES;
ACQUISITION.]
Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY; STATE
UNIVERSITIES.] The board may purchase property adjacent to or in
the vicinity of the campuses as necessary for the development of
a state university. Before taking action, the board shall
consult with the chairs of the senate finance committee and the
house ways and means committee about the proposed action. The
board shall explain the need to acquire property, specify the
property to be acquired, and indicate the source and amount of
money needed for the acquisition. The amount needed may be
spent from sums previously appropriated for purposes of the
state colleges and universities, including, but not limited to,
general fund appropriations for instructional or
noninstructional expenditures, general fund appropriations
carried forward, or state college and university activity fund
appropriations. The board may pay relocation costs, at its
discretion, when acquiring property.
Subd. 2. [METHODS OF ACQUISITION.] If money has been
appropriated to the board to acquire lands or sites for public
buildings or real estate, the acquisition may be by gift,
purchase, or condemnation proceedings. Condemnation proceedings
must be under chapter 117.
Sec. 43. Minnesota Statutes 1994, section 136E.692,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION; IMPROVEMENTS.] The higher
education board shall supervise and control the preparation of
plans and specifications for the construction,
alteration, repair, or enlargement of community college, state
university, and technical state college and university
buildings, structures, and improvements for which appropriations
are made to the board. The board shall advertise for bids and
award contracts in connection with the improvements, supervise
and inspect the work, approve necessary changes in the plans and
specifications, approve estimates for payment, and accept the
improvements when completed according to the plans and
specifications.
Sec. 44. Minnesota Statutes 1994, section 136E.692,
subdivision 3, is amended to read:
Subd. 3. [DISPUTE RESOLUTION.] In contracting for
projects, the higher education board must not restrict its
access to litigation or limit its methods of redress to
arbitration or other nonjudicial procedures.
Sec. 45. [136F.68] [CAPITAL PROJECTS BIDDING PROCEDURES.]
In awarding contracts for capital projects under section
136E.692, the board shall consider the documentation provided by
the bidders regarding their qualifications, including evidence
of having successfully completed similar work, or delivering
services or products comparable to that being requested. The
board shall set procedures to administer this section, which
must include practices that will assist in the economic
development of small businesses, small targeted group
businesses, and businesses in economically disadvantaged areas
designated under section 16B.19.
Sec. 46. [136F.19] [STATE PROPERTY AGREEMENTS.]
Notwithstanding section 16B.24, the board may enter into an
agreement with an intermediate school district for the
cooperative use of state property for an initial period of ten
years, which may be renewed or extended for additional periods
of up to ten years each.
FINANCE
Sec. 47. [136F.70] [TUITION; FEES; ACTIVITIES FUNDS.]
Subdivision 1. [TUITION.] The board shall set rates of
tuition for the various instructional programs. The board may
waive tuition for certain persons, courses, and programs.
Subd. 2. [FEES.] The board may prescribe fees to be
charged students for student unions, state college and
university activities, functions, and purposes.
Subd. 3. [REFUNDS.] The board may make refunds to students
for tuition, activity fees, union fees, and any other fees from
imprest cash funds. The imprest cash fund shall be reimbursed
periodically by checks or warrants drawn on the funds and
accounts to which the refund should ultimately be charged. The
amounts necessary to pay the refunds are appropriated from the
funds and accounts to which they are charged.
Sec. 48. [136F.71] [RECEIPTS.]
Subdivision 1. [APPROPRIATION OF RECEIPTS.] All receipts
of every kind, nature, and description, including student
tuition and fees, all federal receipts, aids, contributions, and
reimbursements, but not including receipts attributable to state
colleges and universities activity funds, in all the state
colleges and universities are appropriated to the board, but are
subject to budgetary control to be exercised by the commissioner
of finance. The balance in these funds shall not cancel on June
30, but shall be available in the next fiscal year.
Subd. 2. [ACTIVITY FUNDS.] All receipts attributable to
the state colleges and universities activity funds and deposited
in the state treasury are appropriated to the board and are not
subject to budgetary control as exercised by the commissioner of
finance.
Sec. 49. [136F.72] [FUNDS.]
Subdivision 1. [ACTIVITY FUNDS.] The board may establish
in each state college and university a fund to be known as the
activity fund. The purpose of these funds shall be to provide
for the administration of state college and university
activities designed for student recreational, social, welfare,
and educational pursuits supplemental to the regular curricular
offerings. The activity funds shall encompass accounts for
student activities, student health services authorized college
and university agencies, authorized auxiliary enterprises,
student loans, gifts and endowments, and other accounts as the
board may prescribe.
Subd. 2. [ADMINISTRATIVE FUND AND ACCOUNTS.] The board may
establish a fund within the board office for management of
employee retirement funds. The board may establish an
administrative fund at each state college and university or
within the board office for the administration of contracts,
student equipment purchases, and receipt and transfer of foreign
program money.
Subd. 3. [ADMINISTRATION.] The board, independent of other
authority and notwithstanding chapters 16A and 16B, shall
administer the money collected for the state colleges and
universities activity funds and the administrative fund. All
activity fund money collected shall be administered under the
policies of the board subject to audit of the legislative
auditor.
Subd. 4. [IMPREST CASH FUNDS.] The board may establish an
imprest cash fund in each of its state colleges and universities.
Sec. 50. [136F.73] [CASH OVER AND SHORT ACCOUNT OF IMPREST
CASH FUND.]
The board may establish a cash over and short account
within the imprest cash fund for each state college and
university. This account shall be used to record on a daily
basis overages and shortages of cash receipts. At the end of
each fiscal year, the board shall credit or debit the overage or
shortage from each state college or university to the board
maintenance and equipment appropriation account. In the
instance of a debit balance remaining in any cash over and short
accounts, the board may transfer from the maintenance and
equipment appropriation account moneys sufficient to offset such
debit balance. The commissioner of finance shall make the
appropriate adjustments and entries on the general books of
account of the state.
Sec. 51. [136F.74] [CARRY-OVER AUTHORITY.]
The board may carry over any unexpended balance from its
appropriation from the first year of a biennium into the second
year of the biennium. The board may carry over any unexpended
balance into the following biennium. The amounts carried over
must not be taken into account in determining state
appropriations and must not be deducted from a later
appropriation.
Sec. 52. [136F.75] [LITIGATION AWARDS.]
Notwithstanding any law to the contrary, the 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. An award that exceeds the costs incurred in
the litigation shall be used by the board for repair or
replacement projects.
Sec. 53. [136F.77] [TECHNICAL EQUIPMENT.]
Subdivision 1. [PROPRIETARY PURCHASES.] Notwithstanding
the competitive bidding requirements of chapter 16B, technical
educational equipment may be purchased for state colleges and
universities on request of the board either by brand designation
or in accordance with standards and specifications prescribed by
the board. The purchase is subject to supervision by the
information policy office under section 16B.41.
Subd. 2. [COMPUTER SALES AND SUPPORT.] The board may sell
computers and related products to state college and university
staff and students to advance their instructional and research
abilities. The board shall contract with a private vendor for
service, maintenance, and support for computers and related
products sold by the board.
Sec. 54. [136F.79] [SOLE STATE AGENCY.]
The board is the sole state agency to receive and disburse
federal funds authorized by the Vocational Education Act of
1963, as amended in the education amendments of 1976, Public Law
Number 94-482, and Code of Federal Regulations, title 34, part
400. The board shall develop and submit the state plan for
vocational technical education. The board shall develop the
state plan according to terms of agreement with the state board
of education.
GRANTS AND GIFTS
Sec. 55. [136F.80] [GRANTS; GIFTS; BEQUESTS; DEVISES;
ENDOWMENTS.]
Subdivision 1. [RECEIPT AND ACCEPTANCE.] The board may
apply for, receive, and accept on behalf of the state and for
the benefit of any state college or university any grant, gift,
bequest, devise, or endowment that any person, firm,
corporation, foundation, association, or government agency may
make to the board for the purposes of the state colleges and
universities. The board may use any money given to it or to any
of the state colleges and universities consistent with the terms
and conditions under which the money was received and for the
purposes stated. All moneys received are appropriated to the
board for use in the colleges and universities. These moneys
shall not be taken into account in determining appropriations or
allocations. All taxes and special assessments constituting a
lien on any real property received and accepted by the board
under this section shall be paid in full before title is
transferred to the state.
Subd. 2. [DEPOSIT OF MONEY.] The board shall provide by
policy, in accordance with provisions of chapter 118, for the
deposit of all money received or referred to under this
section. Whenever the board shall by resolution determine that
there are moneys in the state college or university funds not
currently needed, the board may by resolution authorize and
direct the president of the college or university to invest a
specified amount in securities as are duly authorized as legal
investments for savings banks and trust companies. Securities so
purchased shall be deposited and held for the board by any bank
or trust company authorized to do a banking business in this
state.
Sec. 56. Laws 1991, chapter 356, article 9, section 9, as
amended by Laws 1994, chapter 532, article 5, section 1,
subdivision 1, is amended to read:
Subdivision 1. [TRANSFER OF POWERS; GENERALLY.] The state
board of technical colleges, the state board for community
colleges, and the state university board and their respective
chancellors retain responsibility for operating and managing
their systems until July 1, 1995. On July 1, 1995, the
authority, duties, responsibilities, related property of the
state board of technical colleges, school boards, intermediate
school boards, and joint vocational technical boards with
respect to technical colleges, the state board for community
colleges, and the state university board are transferred to the
higher education board board of trustees of the Minnesota state
colleges and universities under Minnesota Statutes, section
15.039.
Effective July 1, 1995, school boards, intermediate school
boards, and joint vocational technical boards shall transfer to
the higher education board state all real property, personal
property, and improvements and attachments thereto related to
technical colleges as determined by the higher education board,
and shall convey all interests in the property. The school
boards, intermediate school boards, and joint vocational
technical boards shall not receive compensation for the
conveyance of the interests. For a school board or a joint
vocational technical board, on July 1, 1995, title and ownership
of all personal property, real property, and improvements and
attachments thereto related to technical colleges as determined
by the board of trustees of the Minnesota state colleges and
universities shall vest in the state, under the management,
supervision, and control of the board of trustees of the
Minnesota state colleges and universities. For an intermediate
school board, on July 1, 1995, title and ownership of all
personal property, real property, and improvements and
attachments thereto related to technical colleges as determined
by the board of trustees of the Minnesota state colleges and
universities and the intermediate school board shall vest in the
state, under the management, supervision, and control of the
board of trustees of the Minnesota state colleges and
universities. If by June 15, 1995, the higher education board
and an intermediate school board cannot agree on ownership of
personal property, real property, and improvements and
attachments thereto, the commissioner of the bureau of mediation
services shall appoint a special mediator under Minnesota
Statutes, section 179.02, subdivision 2, to settle the dispute.
On or after July 1, 1995, a school board or intermediate school
board that has transferred property under this subdivision, if
requested by the board of trustees of the Minnesota state
colleges and universities, shall issue a deed of conveyance or
other document appropriate to transfer title or ownership to the
state to serve as evidence of transfer of title or ownership.
The board of trustees of the Minnesota state colleges and
universities as successor in interest to any joint vocational
technical board may execute such a deed of conveyance or other
appropriate document to the state for that purpose. All debt
service payments on the transferred property that have a due
date on or after July 1, 1995, become the responsibility of
the higher education board of trustees of the Minnesota state
colleges and universities.
On July 1, 1995, all other obligations incurred on behalf
of a technical college by a school board, a joint vocational
district under Minnesota Statutes, section 136C.60, or an
intermediate school district under Minnesota Statutes, chapter
136D, which will not be satisfied on or before June 30, 1995,
transfer to the higher education board of trustees of the
Minnesota state colleges and universities subject to limits
identified in state law or in plans or policies of the higher
education board of trustees of the Minnesota state colleges and
universities subject to legislative approval.
The state board of technical colleges, state board for
community colleges, and state university board are abolished,
effective July 1, 1995.
For the purposes of this subdivision "higher education
board" is the same entity as "board of trustees of the state
colleges and universities."
Sec. 57. Laws 1993, First Special Session chapter 2,
article 9, section 1, subdivision 7, is amended to read:
Subd. 7. [EXPIRATION.] This section expires on June 30,
1995 1997.
Sec. 58. Laws 1994, chapter 532, article 6, section 12, is
amended to read:
Sec. 12. [REVISOR INSTRUCTION.]
(a) In the 1996 edition of Minnesota Statutes, the revisor
shall renumber sections 136.31 as 136E.80; 136.31, subdivision
7, as 136E.80, subdivision 6; 136.32 as 136E.81; 136.33 as
136E.82; 136.34 as 136E.83; 136.35 as 136E.84; 136.36 as
136E.85; 136.37 as 136E.86; 136.38 as 136E.87; 136.41,
subdivision 8, as 136E.88, subdivision 1; 136.41, subdivision 9,
as 136E.88, subdivision 2; 136.41, subdivision 10, as 136E.88,
subdivision 3.
(b) The revisor shall add "Federal Tax on Interest" as a
headnote to section 136.41, subdivision 9.
Sec. 59. [TRANSFER OF RETIREMENT FUND MEMBERSHIP FOR
TECHNICAL COLLEGE EMPLOYEES; ELECTION TO RETAIN RETIREMENT FUND
MEMBERSHIP.]
A person who is employed by a technical college or by the
technical college system on June 30, 1995, and who is
transferred to state employment shall remain a member of the
public employees retirement association or the Minneapolis
employees retirement fund, whichever applies, unless the person
affirmatively elects, in writing, retirement coverage by the
general state employees retirement plan of the Minnesota state
retirement system. The following provisions govern the election
of a transfer or the retention of retirement benefit coverage:
(1) For a person who desires to transfer benefit coverage,
the affirmative written election must be made within 120 days of
the transfer of the employee to state employment.
(2) On behalf of transferred employees who retain
retirement benefit coverage with the pretransfer retirement
plan, the board shall make the applicable employer contributions
to the public employees retirement association under Minnesota
Statutes, section 353.27, subdivisions 3 and 3a, or the same
percentage of covered payroll employer contribution to the
Minneapolis employees retirement fund that special school
district No. 1 is required to make for that school year under
Minnesota Statutes, section 422A.101, subdivision 2.
(3) An employee who makes a retirement benefit coverage
transfer election under this section may revoke that election at
any time within the first six months after the person becomes a
state employee. Once an employee revokes the retirement benefit
coverage transfer election, the employee may not make another
election. If the initial retirement benefit coverage transfer
election is revoked, all retirement contributions made by or on
behalf of the employee revoking a prior election must be
transferred to the applicable retirement plan as though they
were erroneous deductions or contributions, plus monthly
interest at an annual rate of 8.5 percent, compounded monthly,
and the balance remaining between any contribution amount
transferred and the amount of contributions that otherwise would
have been due are payable in the applicable proportions by the
revoking employee and the board, plus monthly interest at an
annual rate of 8.5 percent, compounded monthly.
(4) The executive directors of the Minnesota state
retirement system, the public employees retirement association,
and the Minneapolis employees retirement fund, and the
chancellor of the higher education system, shall confer and
jointly adopt appropriate procedures for making the retirement
benefit coverage transfer elections under this section.
(5) The executive directors of the public employees
retirement association, the Minnesota state retirement system,
and the Minneapolis employees retirement fund, whichever
applies, shall, upon request, provide appropriate benefit
counseling to applicable affected employees on the effect of
electing retirement benefit coverage by the general state
employees retirement plan of the Minnesota state retirement
system.
Sec. 60. [INSURANCE TRANSITION.]
This section applies to a technical college employee of a
school district, intermediate district, or regional district who
becomes a state employee on July 1, 1995. If such an employee
had amounts withheld from paychecks issued by the district
either before or after June 30, 1995, to cover the costs of
insurance benefits for a period after June 30, 1995, the
district must refund any such amounts to the employee by
September 1, 1995. The district must also transfer any money
designated as the employer share of these benefits to the board
of trustees of the Minnesota state colleges and universities to
be credited toward the employer share of insurance benefits.
Sec. 61. [COLLEGE AND UNIVERSITY ADMINISTRATION.]
By February 15, 1996, the board of trustees shall report to
the education committees of the house of representatives and
senate on plans to reduce the administrative costs in the state
colleges and universities. The plan shall outline the board's
goals for administrative cost reductions at both the system
office and the colleges and universities, efforts to promote
collaboration among institutions, increases in productivity for
administrators, faculty, staff, and students, and measures to
reduce overlap and duplication in programs.
Sec. 62. [ELIMINATING STATUTES; BOARD RECOMMENDATIONS.]
By January 1, 1996, the board of trustees of the Minnesota
state colleges and universities and the board of regents of the
University of Minnesota shall provide the education committees
of the legislature with recommendations to reduce the number of
statutory sections relating to higher education, including, but
not limited to, recommendations regarding statutory sections
that could be incorporated in board policies or procedures, and
regarding statutory sections that are obsolete.
Sec. 63. [EARLY SEPARATION INCENTIVES.]
Subdivision 1. [EMPLOYER PARTICIPATION; HIGHER EDUCATION
AGENCIES.] (a) In order to minimize the disruptive effects of
layoffs or reorganization attributable to the merger of the
state universities, community colleges, and technical colleges,
and the restructuring of the higher education coordinating
board, employees of the higher education coordinating board, the
state university, community college, and technical college
systems, and employees of local school districts, joint
technical districts, and intermediate districts assigned to a
technical college position, who are employed in positions that
are to be eliminated in the merger and restructuring, as
certified by the chancellor of the higher education board or the
executive director of the higher education coordinating board,
are entitled to elect an early separation incentive set forth in
subdivision 3.
(b) The higher education board and the higher education
coordinating board must determine those specific positions to be
permanently eliminated as part of the merger or restructuring
and identify the employees who may elect one of the early
separation incentives established by this section.
(c) For the purposes of this section "higher education
board" is the same entity as "board of trustees of the state
colleges and universities" and the higher education coordinating
board is the same entity as the "higher education services
office."
Subd. 2. [ELIGIBILITY.] A person employed by the employing
units identified in subdivision 1 is eligible to elect the
incentive if the person:
(1) is an employee of the higher education coordinating
board, a state university, community college, or technical
college, or an administrative employee of a local school
district, joint technical district and intermediate district
assigned to a technical college position whose position is to be
eliminated;
(2) is at least age 55 but is not yet age 65;
(3) is employed in a permanent position and in active work
status at the time the incentive is elected;
(4) upon retirement, termination, or separation is
immediately eligible for a retirement annuity from a defined
benefit Minnesota public employee pension plan or a distribution
from a defined contribution Minnesota public employee pension
plan;
(5) retires, separates, or is terminated from an eligible
position after June 30, 1994, but before July 1, 1996; and
(6) has been certified by the chancellor of the higher
education board or the executive director of the higher
education coordinating board as eligible to elect an early
separation incentive.
Notwithstanding anything in this subdivision, the executive
director of the higher education coordinating board, or the
chancellor of the higher education board may certify any
employee, regardless of age, as eligible to elect the six-month
retraining leave described in subdivision 3, paragraph (d).
Subd. 3. [INCENTIVES.] (a) Eligible employees may elect
one of the following incentives but may not elect both.
(b) Retirement under this section means permanent
separation or termination from employment with or under the
control of the higher education board, the higher education
coordinating board, or the higher education systems to be merged.
(c) Employees who separate, terminate, or retire with the
early retirement incentive under paragraph (e) may not be
rehired by the state in any employment position under the
control of the higher education board or the higher education
coordinating board.
(d) An eligible employee who receives a termination notice
after July 1, 1994, may elect to take a six-month retraining
leave in order to complete a course of study that is approved by
the higher education board or the higher education coordinating
board and which is designed to prepare the employee to assume a
faculty position at a state university, community college, or
technical college. The retraining leave must be at the full
salary level that the person received immediately before the
termination notice, including fringe benefits. The leave must
be completed no later than June 30, 1996. Employees who seek to
return to teaching must satisfy the qualifications established
by applicable collective bargaining agreements. Any subsequent
faculty appointments must be in accordance with collective
bargaining agreements and policies of the higher education
board. The individual's pretermination notice employment ceases
at the conclusion of the retraining leave. Individual employee
eligibility for severance payments must be made in accordance
with the policies of the employing unit in effect at the time
the incentive was elected. Notice of election of this incentive
must be made before April 1, 1996, on forms prescribed by the
higher education board.
(e) An eligible employee may elect the following instead of
the incentive in paragraph (d):
(1) state-paid hospital, medical, and dental insurance to
age 65. An employee who retires, is terminated, or is separated
is eligible for single or dependent insurance coverages,
whichever applies, and any employer payments to which the person
was entitled immediately before retirement, termination, or
separation subject to any changes in coverage and employer and
employee payments through collective bargaining or personnel
plans in positions equivalent to the position from which the
employee retired, terminated, or separated. The employee is not
eligible for employer-paid life insurance. If the employee is
not yet age 65 at the time of retirement or separation, the
employee is eligible for employer-paid insurance under the
provisions of a personnel plan and has at least as many months
service with the current employer and as the number of months
the individual is under age 65 at the time of retirement; and
(2) if the eligible employee has at least 15 years of
combined service credit in a Minnesota public pension plan, a
one-time opportunity to purchase up to two years of service
credit in or to make not more than two years of additional
member contributions to the public pension plan that the
employee is a member of at the time of retirement or separation
as follows:
(i) Eligible employees may have the additional payment made
on the basis of the employee's base salary in the year of
separation as denoted in the salary schedule in the applicable
employer personnel policy and at the rate and in the manner
specified in section 352.04, 353.27, 354.42, or 354A.12,
whichever applies. The employee payment must include interest
at the rate of 8.5 percent. The employer shall make the
required employer contribution and employer additional
contribution to the retirement fund as specified in section
352.04, 353.27, 354.42, or 354A.12, whichever applies for an
employee who elects this option. Both the required employee and
employer payments must be made to the fund before the employee's
date of retirement or separation, whichever is earlier.
(ii) Defined contribution plan members in plans established
by chapter 352D or 354B must have additional employee and
employer contributions made on the basis of the employee's base
salary in the year of retirement as denoted in the salary
schedule in the applicable employer personnel policy and at the
rate and in the manner specified in section 352D.04, subdivision
2, or 354B.04, as applicable. The additional contributions must
be made before the employee's date of retirement or separation,
whichever is earlier.
Subd. 4. [PROFESSIONAL CONTRACTS; SELF LOAN
PROGRAM.] Notwithstanding anything in this section, employees
eligible for early separation incentives under this section may
be employed under a professional, technical contract to provide
technical assistance relating to the student educational loan
fund (SELF) program, or to the statewide database, not to exceed
1,044 hours in any consecutive 12-month period.
Sec. 64. [REVISOR INSTRUCTION.]
(a) In the next and subsequent editions of Minnesota
Statutes, the revisor shall renumber each section in column A
with the corresponding number in column B.
COLUMN A COLUMN B
136.015 136F.015
136.017 136F.017
136.31 136F.90
136.31, subd. 7 136F.90, subd. 6
136.32 136F.91
136.33 136F.92
136.34 136F.93
136.35 136F.94
136.36 136F.95
136.37 136F.96
136.38 136F.97
136.41, subd. 8 136F.98, subd. 1
136.41, subd. 9 136F.98, subd. 2
136.41, subd. 10 136F.98, subd. 3
136E.01 136F.02
136E.02 136F.03
136E.021 136F.04
136E.03 136F.05
136E.04, subd. 1 136F.06
136E.04, subd. 8 136F.47
136E.05 136F.52
136E.31 136F.41
136E.525 136F.22
136E.692 136F.66
(b) In the next and subsequent editions of Minnesota
Statutes, the revisor shall correct all cross-references to
sections renumbered, recodified, or repealed in sections 1 to 65.
(c) In the next and subsequent editions of Minnesota
Statutes, the revisor shall change the term "higher education
board," and similar terms to "board of trustees of the Minnesota
state colleges and universities," or similar terms.
Sec. 65. [REPEALER.]
Minnesota Statutes 1994, sections 15.38, subdivision 4;
136.01; 136.02; 136.03; 136.031; 136.036; 136.045; 136.065;
136.07; 136.09; 136.10; 136.11; 136.111; 136.12; 136.13; 136.14;
136.141; 136.142; 136.143; 136.144; 136.145; 136.146; 136.147;
136.17; 136.171; 136.172; 136.18; 136.19; 136.20; 136.21;
136.22; 136.232; 136.24; 136.25; 136.261; 136.27; 136.31;
136.311; 136.32; 136.33; 136.34; 136.35; 136.36; 136.37; 136.38;
136.40; 136.41; 136.42; 136.43; 136.44; 136.45; 136.46; 136.47;
136.48; 136.49; 136.50; 136.501; 136.502; 136.503; 136.504;
136.505; 136.506; 136.507; 136.55; 136.56; 136.57; 136.58;
136.60; 136.6011; 136.602; 136.603; 136.61; 136.62; 136.621;
136.622; 136.63; 136.65; 136.651; 136.653; 136.67; 136.70;
136.71; 136.72; 136.88; 136.90; 136C.01; 136C.02; 136C.03;
136C.04; 136C.041; 136C.042; 136C.043; 136C.044; 136C.05;
136C.06; 136C.07; 136C.075; 136C.08; 136C.13; 136C.15; 136C.17;
136C.31; 136C.34; 136C.41; 136C.411; 136C.43; 136C.44; 136C.50;
136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64; 136C.65;
136C.66; 136C.67; 136C.68; 136C.69; 136C.70; 136C.71; 136C.75;
136E.04, subdivisions 2, 3, 4, 5, 6, and 7; 136E.395; and
136E.692, subdivision 4, are repealed.
Sec. 66. [EFFECTIVE DATE.]
Sections 56 and 63 are effective the day following final
enactment.
Presented to the governor May 22, 1995
Signed by the governor May 24, 1995, 10:12 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes