Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 107-H.F.No. 1385
An act relating to higher education; allocating money
for educational and related purposes with certain
conditions; modifying various loan, grant, and
financial aid provisions; requiring institutions to
provide certain data; permitting disclosure of certain
data to determine eligibility; amending various
reciprocity provisions; providing definitions;
amending provisions related to advisory and student
groups; directing the Board of Trustees to designate
centers of excellence; amending the Minnesota college
savings plan; amending provisions related to private
career schools; establishing fees; establishing the
Rochester University Development Committee;
appropriating money; amending Minnesota Statutes 2004,
135A.031, subdivisions 3, 4; 135A.052, subdivision 1;
135A.30, subdivisions 3, 4, 5; 135A.52, subdivisions
1, 2; 136A.01, subdivision 2; 136A.031, subdivisions
2, 3, 4, 5; 136A.08, by adding subdivisions; 136A.121,
subdivisions 2, 6, 9, 13, by adding subdivisions;
136A.125, subdivisions 2, 4; 136A.1701, by adding
subdivisions; 136F.04, subdivision 4; 136F.32,
subdivision 2; 136G.03, subdivisions 3, 21a, 22, 32;
136G.05, subdivision 8; 136G.09, subdivisions 11, 12;
136G.11, subdivisions 1, 2, 3, 13; 136G.13,
subdivisions 1, 5; 136G.14; 137.0245, subdivisions 1,
3, 4; 141.21, by adding a subdivision; 141.25,
subdivisions 3, 5, 8, 9, 12; 141.251; 141.26,
subdivision 5; 141.271, subdivisions 4, 7, 10, by
adding subdivisions; 141.28, subdivision 1, by adding
a subdivision; 141.29, subdivision 3; 141.30; 141.35;
192.502, subdivision 1; 299A.45, subdivisions 1, 4;
proposing coding for new law in Minnesota Statutes,
chapters 135A; 136A; 136F; 137; 141; 144; 583;
repealing Minnesota Statutes 2004, sections 136A.011;
136A.031, subdivision 1; Minnesota Rules, parts
4815.0100; 4815.0110; 4815.0120; 4815.0130; 4815.0140;
4815.0150; 4815.0160; 4830.8100; 4830.8110; 4830.8120;
4830.8130; 4830.8140; 4830.8150.
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 "2006" or "2007" in this article
indicates that the amount is appropriated to be available for
the fiscal year ending June 30, 2006, or June 30, 2007,
respectively. "The first year" is fiscal year 2006. "The
second year" is fiscal year 2007. "The biennium" is fiscal
years 2006 and 2007.
SUMMARY BY FUND
2006 2007 TOTAL
General $1,365,500,000 $1,395,500,000 $2,761,000,000
Health Care
Access 2,157,000 2,157,000 4,314,000
SUMMARY BY AGENCY - ALL FUNDS
2006 2007 TOTAL
Higher Education
Services Office 172,129,000 177,181,000 349,310,000
Board of Trustees
of the Minnesota State
Colleges and
Universities 600,694,000 602,194,000 1,202,888,000
Board of Regents
of the University
of Minnesota 593,348,000 616,736,000 1,210,084,000
Mayo Medical
Foundation 1,391,000 1,391,000 2,782,000
Minnesota
Department of Health 95,000 155,000 250,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. HIGHER EDUCATION
SERVICES OFFICE
Subdivision 1. Total
Appropriation $ 172,129,000 $ 177,181,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. State Grants 136,394,000 144,756,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available for it. For
the biennium, the tuition and fee
maximum shall be $9,208 the first year
and $9,438 the second year for students
enrolled in four-year programs and
$6,567 the first year and $6,436 the
second year for students enrolled in
two-year programs.
The Higher Education Services Office
must study the for-profit postsecondary
education sector licensed or registered
in Minnesota. The study must examine
tuition levels and program offerings,
student debt load, financial
assistance, and the impact of the
tuition and fee maximums set in law on
this postsecondary sector and its
students. The study must also analyze
the relationship of the tuition and fee
maximums and tuition levels. The
office must report on the findings to
the legislative committees responsible
for higher education finance by
November 15, 2006. This study may be
done in conjunction with the licensing
study in article 3.
This appropriation sets the living and
miscellaneous expense allowance at
$5,350 each year.
This appropriation contains money to
provide educational benefits to
dependent children under age 23 and the
spouses of public safety officers
killed in the line of duty under
Minnesota Statutes 2004, section
299A.45.
Subd. 3. Interstate Tuition
Reciprocity 1,000,000 1,000,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available to meet
reciprocity contract obligations.
Subd. 4. State Work Study 12,444,000 12,444,000
Subd. 5. Child Care Grants 4,934,000 4,934,000
Subd. 6. Minitex 4,381,000 4,381,000
Subd. 7. MnLINK Gateway 400,000 400,000
Subd. 8. Learning Network
of Minnesota 4,225,000 4,225,000
Subd. 9. Minnesota College
Savings Plan 1,020,000 1,020,000
Subd. 10. Midwest Higher
Education Compact 90,000 90,000
Subd. 11. Other Small
Programs 920,000 920,000
This appropriation includes funding for
postsecondary service learning, student
and parent information, get ready
outreach, and intervention for college
attendance program.
No more than $50,000 of this
appropriation each year may be used for
administrative expenses for the
intervention for college attendance
program under new Minnesota Statutes,
section 136A.861. This appropriation
is added to the agency's permanent
budget base.
Of this appropriation, $115,000 each
year is for grants to increase
campus-community collaboration and
service learning statewide. For each
$1 in state funding, grant recipients
must contribute $2 in campus or
community-based support.
Subd. 12. Agency
Administration 2,761,000 2,651,000
$100,000 the first year and $300,000
the second year is for the Higher
Education Services Office to develop
and implement a process to measure and
report on the effectiveness of
postsecondary institutions in the state
and make a report to the legislature
regarding the implementation of the
process. The report must be made by
January 15, 2006, to the legislative
committees with jurisdiction over
higher education policy and finance.
The funding base for this initiative in
fiscal years 2008 and 2009 is $300,000
per year.
$310,000 the first year is for the
Higher Education Services Office to
upgrade computer program application
software related to state grant
awards. This appropriation does not
cancel but is available until
expended. This is a onetime
appropriation and is not added to the
agency's base.
Subd. 13. Balances Forward
A balance in the first year under this
section does not cancel, but is
available for the second year.
Subd. 14. Transfers
The Higher Education Services Office
may transfer unencumbered balances from
the appropriations in this section to
the state grant appropriation, the
interstate tuition reciprocity
appropriation, the child care
appropriation, and the state work study
appropriation. Transfers from the
child care or state work study
appropriations may only be made to the
extent there is a projected surplus in
the appropriation. A transfer may be
made only with the prior written
approval of the commissioner of finance
and prior written notice to the chairs
of the senate Higher Education Budget
Division and house Higher Education
Finance Committee.
Subd. 15. Reporting
The Higher Education Services Office
shall collect data monthly from
institutions disbursing state financial
aid. The data collected must include,
but is not limited to, expenditures by
type to date and unexpended balances.
The Higher Education Services Office
must evaluate and report quarterly
state financial aid expenditures and
unexpended balances to the chairs of
the Higher Education Finances
Committees of the senate and house of
representatives and the commissioner of
finance. By November 1 and February
15, the Higher Education Services
Office must provide updated state grant
spending projections taking into
account the most current and projected
enrollment and tuition and fee
information, economic conditions, and
other relevant factors. Before
submitting state grant spending
projections, the Higher Education
Services Office must meet and consult
with representatives of public and
private postsecondary education, the
Department of Finance, Governor's
Office, legislative staff, and
financial aid administrators.
Subd. 16. Rochester University 3,200,000 -0-
(a) $200,000 is for the Rochester
Higher Education Development Committee
to carry out its planning activities.
This is a onetime appropriation.
(b) $3,000,000 is for a onetime
appropriation that must be deposited
into the Rochester higher education
development account under article 4.
With the approval of the Higher
Education Services Office, money in
this account may be used to: (1)
provide additional planning and
development funds, if needed; (2)
provide initial funding for academic
program development; and (3) provide
funding related to academic facilities,
if needed. The appropriation under
this paragraph is available until June
30, 2009.
Subd. 17. United Family
Practice Residency Program 360,000 360,000
For a grant to the United Family
Medicine residency program. This
appropriation shall be used to support
18 resident physicians each year in
family practice at United Family
Medicine residency programs and shall
prepare doctors to practice family care
medicine in underserved rural and urban
areas of the state. It is intended
that this program will improve health
care in underserved communities,
provide affordable access to
appropriate medical care, and manage
the treatment of patients in a more
cost-effective manner.
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA
STATE COLLEGES AND UNIVERSITIES
Subdivision 1. Total
Appropriation 600,694,000 602,194,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
The legislature estimates that
instructional expenditures will be
$812,735,000 the first year and
$814,764,000 the second year. The
legislature estimates that
noninstructional expenditures will be
$58,868,000 the first year and
$59,015,000 the second year.
Subd. 2. General Appropriation 595,694,000 597,194,000
This appropriation includes $12,000,000
to pay competitive compensation to
faculty or staff for initiatives that
promote excellence in student
learning. This appropriation also
includes funding for the recurring
enrollment adjustment and money to
strengthen and expand the Minnesota
online program, increase the capacity
for training nurses and teachers,
provide for the management education
needs of farm and small business
owners, and provide services and
outreach to underserved populations.
Subd. 3. Centers of Excellence 5,000,000 5,000,000
This appropriation is for centers of
excellence under new Minnesota
Statutes, section 136F.31.
The board must develop a process to
designate centers of excellence under
new Minnesota Statutes, section 136F.31.
Sec. 4. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 593,348,000 616,736,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 527,824,000 551,212,000
The legislature estimates that
instructional expenditures will be
$451,372,000 the first year and
$469,229,000 the second year. The
legislature estimates that
noninstructional expenditures will be
$290,275,000 the first year and
$301,758,000 the second year.
This appropriation includes $13,000,000
for competitive compensation to enable
the university to attract and retain
quality faculty members.
This appropriation includes funding for
the recurring enrollment adjustment and
the following initiatives: Biosciences
for a Healthy Society to advance the
university's expertise and to increase
the university's competitiveness in
leveraging new funding from federal and
private sources; Preparing Students for
the 21st Century to enhance the ability
of the university to attract and retain
exceptional students; research support
to provide resources for the university
to maintain a competitive advantage in
emerging and ongoing research
initiatives; 21st Century Technology to
support enhancement to major university
systems; and outreach services to
historically underserved students.
Subd. 3. Health Care Access Fund 2,157,000 2,157,000
This appropriation is from the health
care access fund and is for primary
care education initiatives.
Subd. 4. Special
Appropriation 63,367,000 63,367,000
(a) Agriculture and Extension Service
50,625,000 50,625,000
For the Agricultural Experiment
Station, Minnesota Extension Service.
(b) Health Sciences
4,929,000 4,929,000
For the rural physicians associates
program, the Veterinary Diagnostic
Laboratory, health sciences research,
dental care, and the Biomedical
Engineering Center.
(c) Institute of Technology
1,387,000 1,387,000
For the Geological Survey and the
Talented Youth Mathematics Program.
(d) System Specials
6,426,000 6,426,000
For general research, student loans
matching money, industrial relations
education, Natural Resources Research
Institute, Center for Urban and
Regional Affairs, Bell Museum of
Natural History, and the Humphrey
exhibit.
Subd. 5. Academic Health Center
The appropriation to the Academic
Health Center under Minnesota Statutes,
section 297F.10, is anticipated to be
$20,890,000 in the first year and
$20,474,000 in the second year.
Sec. 5. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 1,391,000 1,391,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School 514,000 514,000
The state of Minnesota must pay a
capitation 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.
It is intended 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 531,000 531,000
The state of Minnesota must pay a
capitation of up to 27 residents each
year.
Subd. 4. St. Cloud Hospital-Mayo Family
Practice Residency Program
346,000 346,000
This appropriation is to the Mayo
Foundation to support 12 resident
physicians each year in the St. Cloud
Hospital-Mayo family practice residency
program. The program must 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.
Sec. 6. COMMISSIONER OF HEALTH 95,000 155,000
To the commissioner of health to
implement new Minnesota Statutes,
section 144.1498.
ARTICLE 2
RELATED PROVISIONS
Section 1. Minnesota Statutes 2004, section 135A.031,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF INSTRUCTIONAL SERVICES BASE.]
The instructional services base for each public postsecondary
system is the sum of: (1) the state share; and (2) the
legislatively estimated tuition for the second year of the most
recent biennium; and (3) adjustments for inflation, enrollment
changes as calculated in subdivision 4, and performance as
calculated in subdivision 5.
[EFFECTIVE DATE.] This section is effective June 30, 2007.
Sec. 2. Minnesota Statutes 2004, section 135A.031,
subdivision 4, is amended to read:
Subd. 4. [ADJUSTMENT FOR ENROLLMENTS FOR BUDGETING.] (a)
Each public postsecondary system's instructional services base
shall be adjusted for estimated changes in enrollments. For
each two percent change in estimated full-year equivalent
enrollment, an adjustment shall be made to 65 percent of the
instructional services base. The remaining 35 percent of the
instructional services base is not subject to the adjustment in
this subdivision.
(b) For all purposes where student enrollment is used for
budgeting purposes, student enrollment shall be measured in
full-year equivalents and shall include only enrollments in
courses that award credit or otherwise satisfy any of the
requirements of an academic or vocational program.
(c) The enrollment adjustment shall be made for each year
of the subsequent biennium. The base enrollment year is the
1995 fiscal year enrollment. The base enrollment shall be
updated for each two percent change in estimated full-year
equivalent enrollment. If the actual enrollment differs from
the estimated enrollment, an adjustment shall be made in the
next biennium.
[EFFECTIVE DATE.] This section is effective June 30, 2007.
Sec. 3. Minnesota Statutes 2004, section 135A.052,
subdivision 1, is amended to read:
Subdivision 1. [STATEMENT OF MISSIONS.] The legislature
recognizes each type of public postsecondary institution to have
a distinctive mission within the overall provision of public
higher education in the state and a responsibility to cooperate
with each other. These missions are as follows:
(1) the technical colleges shall offer vocational training
and education to prepare students for skilled occupations that
do not require a baccalaureate degree;
(2) the community colleges shall offer lower division
instruction in academic programs, occupational programs in which
all credits earned will be accepted for transfer to a
baccalaureate degree in the same field of study, and remedial
studies, for students transferring to baccalaureate institutions
and for those seeking associate degrees;
(3) consolidated community technical colleges shall offer
the same types of instruction, programs, certificates, diplomas,
and degrees as the technical colleges and community colleges
offer;
(4) the state universities shall offer undergraduate and
graduate instruction through the master's degree, including
specialist certificates, in the liberal arts and sciences and
professional education, and may offer applied doctoral degrees
in education, business, psychology, physical therapy, audiology,
and nursing; and
(5) the University of Minnesota shall offer undergraduate,
graduate, and professional instruction through the doctoral
degree, and shall be the primary state supported academic agency
for research and extension services.
It is part of the mission of each system that within the
system's resources the system's governing board and chancellor
or president shall endeavor to:
(a) prevent the waste or unnecessary spending of public
money;
(b) use innovative fiscal and human resource practices to
manage the state's resources and operate the system as
efficiently as possible;
(c) coordinate the system's activities wherever appropriate
with the activities of the other system and governmental
agencies;
(d) use technology where appropriate to increase system
productivity, improve customer service, increase public access
to information about the system, and increase public
participation in the business of the system;
(e) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A; and
(f) recommend to the legislature appropriate changes in law
necessary to carry out the mission of the system.
Sec. 4. [135A.165] [DEAF STUDENTS; TUITION ASSISTANCE.]
(a) For the purpose of this section, a "deaf person" means
an individual with a hearing loss of such severity that the
individual must depend primarily on visual communication, such
as writing, lip reading, manual communication, and gestures.
(b) A deaf person, who is a resident student as defined in
section 136A.101, subdivision 8, is entitled to tuition
assistance for the tuition and fees remaining after deducting
any federal or state grants or other public or private grants
made to the person for the purpose of paying the tuition and
fees at a Minnesota state college or university or the
University of Minnesota. A deaf person must receive either a
federal Pell grant or a state grant under section 136A.121 for a
term to receive tuition assistance for that term.
Sec. 5. Minnesota Statutes 2004, section 135A.30,
subdivision 3, is amended to read:
Subd. 3. [SELECTION OF RECIPIENTS.] The governing board of
an eligible institution shall determine, in consultation with
its campuses, application dates and procedures, criteria to be
considered, and methods of selecting students to receive
scholarships. A campus, with the approval of its governing
board, may award a scholarship in any of the specified
fields field of study (1) in which the campus offers a program
that is of the quality and rigor to meet the needs of the
talented student, and (2) that is pertinent to the mission of
the campus.
Sec. 6. Minnesota Statutes 2004, section 135A.30,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT OF SCHOLARSHIP.] The amount of the
scholarship must may be (1) at public institutions, up to the
cost of tuition and fees for full-time attendance for one
academic year, or (2) at private institutions, an amount equal
up to the lesser of the actual tuition and fees charged by the
institution or the tuition and fees in comparable public
institutions. Scholarships awarded under this section must not
be considered in determining a student's financial need as
provided in section 136A.101, subdivision 5.
Sec. 7. Minnesota Statutes 2004, section 135A.30,
subdivision 5, is amended to read:
Subd. 5. [RENEWALS.] The scholarship shall may be renewed
yearly, for up to three additional academic years, if the
student:
(1) maintains full-time enrollment with a grade point
average of at least 3.0 on a four point scale;
(2) pursues studies and continues to demonstrate
outstanding ability, achievement, and potential in the field for
which the award was made; and
(3) is achieving satisfactory progress toward a degree.
Sec. 8. Minnesota Statutes 2004, section 135A.52,
subdivision 1, is amended to read:
Subdivision 1. [FEES AND TUITION.] Except for an
administration fee 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. A senior
citizen enrolled under this section must pay any materials,
personal property, or service charges for the course. In
addition, a senior citizen who is enrolled in a course for
credit must pay an administrative fee in an amount established
by the governing board of the institution to recover the course
costs. There shall be no administrative fee charges to a senior
citizen auditing a course. For the purposes of this section and
section 135A.51, 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 135A.51 do not
apply to noncredit courses designed and offered by the
University of Minnesota, and the Minnesota State Colleges and
Universities specifically and exclusively for senior citizens.
Senior citizens enrolled under the provisions of this section
and section 135A.51 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. 9. Minnesota Statutes 2004, section 135A.52,
subdivision 2, is amended to read:
Subd. 2. [TERM; INCOME OF SENIOR CITIZENS.] (a) Except
under paragraph (b), there shall be no limit to the number of
terms, quarters or semesters a senior citizen may attend
courses, nor income limitation imposed in determining
eligibility.
(b) A senior citizen enrolled in a closed enrollment
contract training or professional continuing education program
is not eligible for benefits under subdivision 1.
Sec. 10. Minnesota Statutes 2004, section 136A.01,
subdivision 2, is amended to read:
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 and reporting data on students and
postsecondary institutions to develop and implement a process to
measure and report on the effectiveness of postsecondary
institutions;
(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. 11. Minnesota Statutes 2004, section 136A.031,
subdivision 2, is amended to read:
Subd. 2. [HIGHER EDUCATION ADVISORY COUNCIL.] A Higher
Education Advisory Council (HEAC) is established. The HEAC is
composed of the president of the University of Minnesota or
designee; the chancellor of the Minnesota State Colleges and
Universities or designee; the commissioner of education; the
president of the Private College Council; a representative from
the Minnesota Association of Private Postsecondary Schools
Career College Association; and a member appointed by the
governor. The HEAC shall (1) bring to the attention of the
Higher Education Services Council Office 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.
Sec. 12. Minnesota Statutes 2004, section 136A.031,
subdivision 3, is amended to read:
Subd. 3. [STUDENT ADVISORY COUNCIL.] A Student Advisory
Council (SAC) to the Higher Education Services Council Office 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 State College Student Association and
an officer of the Minnesota State College Student Association,
one in a community college course of study and one in a
technical college course of study; 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 Postsecondary Schools
Career College Association. 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 Office 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 Office 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 office 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 Office any matter that the SAC believes needs the
attention of the council office;
(2) make recommendations to the Higher Education Services
Council Office as it finds appropriate; and
(3) appoint approve student members to appointments by the
Higher Education Services Council Office for each advisory
groups group as provided in subdivision 4; and
(4) provide any reasonable assistance to the council.
Sec. 13. Minnesota Statutes 2004, section 136A.031,
subdivision 4, is amended to read:
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 by the office. The director must submit to the SAC
the name of any student appointed to an advisory group or task
force. The student appointment is not approved if four SAC
members vote to disapprove of the appointment. If an
appointment is disapproved, the director must submit another
student appointment to the SAC in a timely manner.
Sec. 14. Minnesota Statutes 2004, section 136A.031,
subdivision 5, is amended to read:
Subd. 5. [EXPIRATION.] Notwithstanding section 15.059,
subdivision 5, the advisory groups established in this section
expire on June 30, 2005 2007.
Sec. 15. Minnesota Statutes 2004, section 136A.08, is
amended by adding a subdivision to read:
Subd. 7. [REPORTING.] The Higher Education Services Office
must annually, before the last day in January, submit a report
to the committees in the house of representatives and the senate
with responsibility for higher education finance on:
(1) participation in the tuition reciprocity program by
Minnesota students and students from other states attending
Minnesota postsecondary institutions under a reciprocity
agreement;
(2) reciprocity and resident tuition rates at each
institution; and
(3) interstate payments and obligations for each state
participating in the tuition reciprocity program in the prior
year.
Sec. 16. Minnesota Statutes 2004, section 136A.08, is
amended by adding a subdivision to read:
Subd. 8. [DATA SHARING.] (a) The Higher Education Services
Office must consider developing data collection procedures and
agreements to monitor the extent to which students who attend
Minnesota postsecondary institutions under reciprocity
agreements are employed in Minnesota after graduation. These
procedures must include matching Social Security numbers of
reciprocity students for purposes of tracking the migration and
employment of students who receive associate, baccalaureate, or
graduate degrees through a tuition reciprocity program. State
agencies must share wage and earnings data under section 268.19
for the purpose of evaluating the tuition reciprocity program.
(b) The reciprocity application must request the use of
student Social Security numbers for the purposes of this
subdivision. Reciprocity students must be informed that Social
Security numbers will be used only for monitoring described in
paragraph (a), by sharing information with Minnesota agencies
and departments responsible for the administration of covered
wage data and revenue collections. Social Security numbers must
not be used for any other purpose or reported to any other
government entity.
(c) The office must include summary data on the migration
and earnings of reciprocity graduates in the reciprocity report
to the legislature. This report must include summary statistics
on number of graduates by institution, degree granted and year
of graduation, total number of reciprocity students employed in
the state, and total earnings of graduates.
Sec. 17. Minnesota Statutes 2004, section 136A.121,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR GRANTS.] An applicant is
eligible to be considered for a grant, regardless of the
applicant's sex, creed, race, color, national origin, or
ancestry, under sections 136A.095 to 136A.131 if the office
finds that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent,
or is 17 years of age or over, and has met all requirements for
admission as a student to an eligible college or technical
college of choice as defined in sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in
Minnesota Rules;
(4) is not in default, as defined by the office, of any
federal or state student educational loan; and
(5) is not more than 30 days in arrears for any in
court-ordered child support payments owed to a that is collected
or enforced by the public agency authority responsible for child
support enforcement or, if the applicant is more than 30 days in
arrears in court-ordered child support that is collected or
enforced by the public authority responsible for child support
enforcement, but is complying with a written payment
agreement under section 518.553 or order for arrearages. An
agreement must provide for a repayment of arrearages at no less
than 20 percent per month of the amount of the monthly child
support obligation or no less than $30 per month if there is no
current monthly child support obligation. Compliance means that
payments are made by the payment date.
The director and the commissioner of human services shall
develop procedures to implement clause (5).
Sec. 18. Minnesota Statutes 2004, section 136A.121,
subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] (a) The recognized cost of
attendance consists of allowances specified in law for living
and miscellaneous expenses, and an allowance for tuition and
fees equal to the lesser of the average tuition and fees charged
by the institution, or the tuition and fee maximums established
in law.
(b) For a student registering for less than full time, the
office shall prorate the 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 paragraph (a), with no
allowance for living and miscellaneous expenses.
For the purpose of this subdivision, "fees" include only
those fees that are mandatory and charged to full-time resident
students attending the institution. Fees do not include charges
for tools, equipment, computers, or other similar materials
where the student retains ownership. Fees include charges for
these materials if the institution retains ownership. Fees do
not include optional or punitive fees.
Sec. 19. Minnesota Statutes 2004, section 136A.121, is
amended by adding a subdivision to read:
Subd. 7a. [SURPLUS APPROPRIATION.] If the amount
appropriated is determined by the office to be more than
sufficient to fund projected grant demand in the second year of
the biennium, the office may increase the living and
miscellaneous expense allowance in the second year of the
biennium by up to an amount that retains sufficient
appropriations to fund the projected grant demand. The
adjustment may be made one or more times. In making the
determination that there is more than sufficient funds, the
office shall balance the need for sufficient resources to meet
the projected demand for grants with the goal of fully
allocating the appropriation for state grants. An increase in
the living and miscellaneous expense allowance under this
subdivision does not carry forward into a subsequent biennium.
This subdivision expires June 30, 2007.
Sec. 20. Minnesota Statutes 2004, section 136A.121,
subdivision 9, is amended to read:
Subd. 9. [AWARDS.] An undergraduate student who meets the
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 the
equivalent, excluding courses taken from a Minnesota school or
postsecondary institution which is not participating in the
state grant program and from which a student transferred no
credit. A student who withdraws from enrollment for active
military service is entitled to an additional semester or the
equivalent of grant eligibility. A student enrolled in a
two-year program at a four-year institution is only eligible for
the tuition and fee maximums established by law for two-year
institutions.
Sec. 21. Minnesota Statutes 2004, section 136A.121,
subdivision 13, is amended to read:
Subd. 13. [DEADLINE.] The deadline for the office to
accept applications for state grants for a term is 14 30 days
after the start of that term.
Sec. 22. Minnesota Statutes 2004, section 136A.121, is
amended by adding a subdivision to read:
Subd. 18. [DATA.] (a) An eligible institution must provide
to the office data on student enrollment and federal and state
financial aid.
(b) An institution or its agent must provide to the office
aggregate and distributional financial or other data as
determined by the director that is directly related to the
responsibilities of the office under this chapter and chapter
141. The director may only request aggregate and distributional
data after establishing and consulting with a data advisory task
force to determine the need, content, and detail of the
information. Data provided by nonpublic institutions under this
paragraph is considered nonpublic data under chapter 13.
Sec. 23. Minnesota Statutes 2004, section 136A.125,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENTS.] (a) An applicant is eligible
for a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of
age or younger who is handicapped as defined in section 125A.02,
and who is receiving or will receive care on a regular basis
from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's
policies and rules, but is not a recipient of assistance from
the Minnesota family investment program;
(4) has not earned a baccalaureate degree and has been
enrolled full time less than eight semesters or the equivalent;
(5) is pursuing a nonsectarian program or course of study
that applies to an undergraduate degree, diploma, or
certificate;
(6) is enrolled at least half time in an eligible
institution; and
(7) is in good academic standing and making satisfactory
academic progress.
(b) A student who withdraws from enrollment for active
military service is entitled to an additional semester or the
equivalent of grant eligibility.
Sec. 24. Minnesota Statutes 2004, 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;
(2) the number in the applicant's family, as defined by the
office; and
(3) the number of eligible children in the applicant's
family.
The maximum award to the applicant shall be $2,200 $2,300
for each eligible child per academic year, except that the
campus financial aid officer may apply to the office for
approval to increase grants by up to ten percent to compensate
for higher market charges for infant care in a community. The
office shall develop policies to determine community market
costs and review institutional requests for compensatory grant
increases to ensure need and equal treatment. The 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. 25. Minnesota Statutes 2004, section 136A.1701, is
amended by adding a subdivision to read:
Subd. 11. [DATA.] (a) An eligible institution must provide
to the office data on student enrollment and federal and state
financial aid.
(b) An institution or its agent must provide to the office
aggregate and distributional financial or other data as
determined by the director that is directly related to the
responsibilities of the office under this chapter and chapter
141. The director may only request aggregate and distributional
data after establishing and consulting with a data advisory task
force to determine the need, content, and detail of the
information. Data provided by nonpublic institutions under this
paragraph is considered nonpublic data under chapter 13.
Sec. 26. Minnesota Statutes 2004, section 136A.1701, is
amended by adding a subdivision to read:
Subd. 12. [ELIGIBLE STUDENT.] "Eligible student" means a
student who is a Minnesota resident who is enrolled or accepted
for enrollment at an eligible institution in Minnesota or in
another state or province. Non-Minnesota residents are eligible
students if they are enrolled or accepted for enrollment in a
minimum of one course of at least 30 days in length during the
academic year that requires physical attendance at an eligible
institution located in Minnesota. Non-Minnesota resident
students enrolled exclusively during the academic year in
correspondence courses or courses offered over the Internet are
not eligible students. Non-Minnesota resident students not
physically attending classes in Minnesota due to enrollment in a
study abroad program for 12 months or less are eligible students.
Non-Minnesota residents enrolled in study abroad programs
exceeding 12 months are not eligible students. For purposes of
this section, an "eligible student" must also meet the
eligibility requirements of section 136A.15, subdivision 8.
Sec. 27. [136A.1703] [INCOME-CONTINGENT LOANS.]
The 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 office for this program may be disclosed
to a consumer credit reporting agency under the same conditions
as those that apply to the supplemental loan program under
section 136A.162. No new applicants may be accepted after June
30, 1995.
Sec. 28. [136A.1785] [LOAN CAPITAL FUND.]
The office may deposit and hold assets derived from the
operation of its student loan programs authorized by this
chapter in a fund known as the loan capital fund. Assets in the
loan capital fund are available to the office solely for
carrying out the purposes and terms of sections 136A.15 to
136A.1703, including, but not limited to, making student loans
authorized by this chapter, paying administrative expenses
associated with the operation of its student loan programs,
repurchasing defaulted student loans, and paying expenses in
connection with the issuance of revenue bonds authorized under
this chapter. Assets in the loan capital fund may be invested
as provided in sections 11A.24 and 136A.16, subdivision 8. All
interest and earnings from the investment of the loan capital
fund inure to the benefit of the fund and are deposited into the
fund.
Sec. 29. [136A.861] [INTERVENTION FOR COLLEGE ATTENDANCE
PROGRAM GRANTS.]
Subdivision 1. [GRANTS.] The director of the Higher
Education Services Office shall award grants to foster
postsecondary attendance by providing outreach services to
historically underserved students in grades six through 12.
Grants must be awarded to programs that provide precollege
services, including, but not limited to:
(1) academic counseling;
(2) mentoring;
(3) fostering and improving parental involvement in
planning for and facilitating a college education;
(4) services for students with English as a second
language;
(5) academic enrichment activities;
(6) tutoring;
(7) career awareness and exploration;
(8) orientation to college life;
(9) assistance with high school course selection and
information about college admission requirements; and
(10) financial aid counseling.
Grants shall be awarded to postsecondary institutions,
professional organizations, community-based organizations, or
others deemed appropriate by the director.
Grants shall be awarded for one year and may be renewed for
a second year with documentation to the Higher Education
Services Office of successful program outcomes.
Subd. 2. [ELIGIBLE STUDENTS.] Eligible students include
students in grades six through 12 who meet one or more of the
following criteria:
(1) are counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (Title I);
(2) are eligible for free or reduced-price lunch under the
National School Lunch Act;
(3) receive assistance under the Temporary Assistance for
Needy Families Law (Title I of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996); or
(4) are a member of a group traditionally underrepresented
in higher education.
Subd. 3. [APPLICATION PROCESS.] The director of the Higher
Education Services Office shall develop a grant application
process. The director shall attempt to support projects in a
manner that ensures that eligible students throughout the state
have access to precollege services.
The grant application must include, at a minimum, the
following information:
(1) a description of the characteristics of the students to
be served reflective of the need for services listed in
subdivision 1;
(2) a description of the services to be provided and a
timeline for implementation of the activities;
(3) a description of how the services provided will foster
postsecondary attendance;
(4) a description of how the services will be evaluated to
determine whether the program goals were met; and
(5) other information as identified by the director.
Grant recipients must specify both program and student outcome
goals, and performance measures for each goal.
Subd. 4. [MATCH REQUIRED.] Applicants are required to
match the grant amount dollar-for-dollar. The match may be in
cash or an in-kind contribution.
Subd. 5. [REVIEW COMMITTEE.] The director must establish
and convene a grant selection committee to review applications
and award grants. The members of the committee may include
representatives of postsecondary institutions, school districts,
organizations providing precollege outreach services, and others
deemed appropriate by the director.
Subd. 6. [PROGRAM EVALUATION.] Each grant recipient must
annually submit a report to the Higher Education Services Office
delineating its program and student outcome goals, and
activities implemented to achieve the stated outcomes. The
goals must be clearly stated and measurable. Grant recipients
are required to collect, analyze, and report on participation
and outcome data that enable the office to verify that the
program goals were met. The office shall maintain:
(1) information about successful precollege program
activities for dissemination to individuals throughout the state
interested in adopting or replicating successful program
practices; and
(2) data on the success of the funded projects in
increasing the high school graduation and college participation
rates of students served by the grant recipients. The office
may convene meetings of the grant recipients, as needed, to
discuss issues pertaining to the implementation of precollege
services.
Subd. 7. [REPORT.] By January 15 of each odd-numbered
year, the office shall submit a report to the committees in the
legislature with jurisdiction over higher education finance
regarding the grant recipients and their activities. The report
shall include information about the students served, the
organizations providing services, program activities, program
goals and outcomes, and program revenue sources and funding
levels.
Sec. 30. Minnesota Statutes 2004, section 136F.04,
subdivision 4, is amended to read:
Subd. 4. [RECOMMENDATIONS.] Each student association shall
recommend at least two and not more than four candidates for its
student member. By January 2 April 15 of the year in which its
members' term expires, each student association shall submit its
recommendations to the governor. The governor is not bound by
these recommendations.
Sec. 31. [136F.31] [CENTERS OF EXCELLENCE.]
Subdivision 1. [BOARD DESIGNATION.] The board must
designate at least three and up to eight different program
centers of excellence. The board must determine the form and
required information contained in applications from member
institutions.
Subd. 2. [CENTER SELECTION CRITERIA.] The board must
select programs based on institutional proposals demonstrating:
(1) the capacity to build multistate regional or national
recognition of the program within five years;
(2) a commitment to expanding the influence of the center
to improve results in related programs in participating
institutions;
(3) the capacity to improve employment placement and income
expectations of graduates from the program;
(4) a strong partnership between a four-year and at least
one two-year institution that maximizes the leverage of academic
and training capacities in each institution;
(5) a comprehensive academic plan that includes a seamless
continuum of academic offerings in the program area that
supports career development at multiple levels in related
employment fields;
(6) a specific development plan that includes a description
of how the institution will pursue continuous improvement and
accountability;
(7) identified commitments from employers that include
measurable financial and programmatic commitment to the center
of excellence on the part of employers who will benefit from the
development of the center. A center for teacher education must
demonstrate support from local school districts;
(8) a commitment from the institution that the new
designated funding will not supplant current budgets from
related programs;
(9) a strong existing program upon which the proposed
center will build; and
(10) a separate fund for donations dedicated for the
program within current institutional foundations.
The board may adopt additional criteria that promote
general goals of the centers. The board shall give priority to
programs that integrate the academic and training outcomes of
the center with business clusters that have a significant
multiplier effect on the state's economy based on projections of
job, income, or general economic growth. The board shall
consult with the Department of Employment and Economic
Development to identify these clusters and the potential
economic impact of developing a center for excellence.
Subd. 3. [ADVISORY COMMITTEE AND REPORTS REQUIRED.] A
center of excellence must create an advisory committee
representing local, statewide, and national leaders in the
field. By January 15 of each odd-numbered year, each designated
center must provide a report to the governor and the chairs of
committees of the legislature with jurisdiction over higher
education finance, that includes annual and integrated data on
program enrollment, student demographics, student admission
data, endowment growth, graduation rates, graduation outcomes,
employer involvement, indicators of student or graduate
employment success, and other outcomes as determined by the
board. After a center has been in existence for three years,
the report must include measures of the program's impact on the
local economy.
Sec. 32. Minnesota Statutes 2004, section 136F.32,
subdivision 2, is amended to read:
Subd. 2. [TECHNICAL AND CONSOLIDATED TECHNICAL COLLEGES.]
(a) A technical college or consolidated technical community
college shall offer students the option of pursuing diplomas and
or certificates in each technical education program, unless the
board determines that a degree is the only acceptable credential
for career entry in a specific field. All vocational and
technical credits earned for a diploma or certificate shall be
applicable toward any available degree in the same program.
(b) Certificates and diplomas are credentials that
demonstrate competence in a vocational or technical area and,
therefore, may include a general education component only as
part of an articulation agreement or to meet occupational
requirements as established by the trade or profession, or by
the program advisory committee. Students shall be provided with
applied training in general studies as necessary for competence
in the program area. Students who have earned a certificate or
diploma may earn a degree in the same field if they complete the
general education and other degree requirements.
Sec. 33. Minnesota Statutes 2004, section 136G.03,
subdivision 3, is amended to read:
Subd. 3. [ACCOUNT OWNER.] "Account owner" means a person
who enters into a participation agreement and is entitled
to select or change conduct transactions on the account,
including selecting and changing the beneficiary of an account
or to receive and receiving distributions from the account for
other than payment of qualified higher education expenses.
Sec. 34. Minnesota Statutes 2004, section 136G.03,
subdivision 21a, is amended to read:
Subd. 21a. [MINOR TRUST ACCOUNT.] "Minor trust account"
means a Uniform Gift to Minors Act account, or a Uniform
Transfers to Minors Act account, or a trust instrument naming a
minor person as beneficiary, created and operating under the
laws of Minnesota or another state.
Sec. 35. Minnesota Statutes 2004, section 136G.03,
subdivision 22, is amended to read:
Subd. 22. [NONQUALIFIED DISTRIBUTION.] "Nonqualified
distribution" means a distribution made from an account other
than (1) a qualified distribution; or (2) a distribution due to
the death or disability of, or scholarship to, or attendance at
a United States military academy by, a beneficiary.
Sec. 36. Minnesota Statutes 2004, section 136G.03,
subdivision 32, is amended to read:
Subd. 32. [SCHOLARSHIP.] "Scholarship" means a
scholarship, or educational assistance allowance, or payment
under section 529(b)(3)(C) of the Internal Revenue Code.
Sec. 37. Minnesota Statutes 2004, section 136G.05,
subdivision 8, is amended to read:
Subd. 8. [ADMINISTRATION.] The director shall administer
the program, including accepting and processing applications,
maintaining account records, making payments, making matching
grants under section 136G.11, and undertaking any other
necessary tasks to administer the program. The office may
contract with one or more third parties to carry out some or all
of these administrative duties, including promotion providing
incentives and marketing of the program. The office and the
board may jointly contract with third-party providers, if the
office and board determine that it is desirable to contract with
the same entity or entities for administration and investment
management.
Sec. 38. Minnesota Statutes 2004, section 136G.09,
subdivision 11, is amended to read:
Subd. 11. [EFFECT OF PLAN CHANGES ON PARTICIPATION
AGREEMENT.] Amendments to sections 136G.01 to 136G.13
automatically amend the participation agreement. Any amendments
to the operating procedures and policies of the plan shall
automatically amend the participation agreement 30 days after
adoption by the office or the board.
Sec. 39. Minnesota Statutes 2004, section 136G.09,
subdivision 12, is amended to read:
Subd. 12. [SPECIAL ACCOUNT TO HOLD PLAN ASSETS IN TRUST.]
All assets of the plan, including contributions to accounts and
matching grant accounts and earnings, are held in trust for the
exclusive benefit of account owners and beneficiaries. Assets
must be held in a separate account in the state treasury to be
known as the Minnesota college savings plan account or in
accounts with the third party provider selected pursuant to
section 136G.05, subdivision 8. Plan assets are not subject to
claims by creditors of the state, are not part of the general
fund, and are not subject to appropriation by the state.
Payments from the Minnesota college savings plan account shall
be made under sections 136G.01 to 136G.13.
Sec. 40. Minnesota Statutes 2004, section 136G.11,
subdivision 1, is amended to read:
Subdivision 1. [MATCHING GRANT QUALIFICATION.] By June 30
of each year, a state matching grant must be added to each
account established under the program if the following
conditions are met:
(1) the contributor applies, in writing in a form
prescribed by the director, for a matching grant;
(2) a minimum contribution of $200 was made during the
preceding calendar year; and
(3) the beneficiary's family meets Minnesota college
savings plan residency requirements; and
(4) the family income of the beneficiary did not exceed
$80,000.
Sec. 41. Minnesota Statutes 2004, section 136G.11,
subdivision 2, is amended to read:
Subd. 2. [FAMILY INCOME.] (a) For purposes of this
section, "family income" means:
(1) if the beneficiary is under age 25, the combined
adjusted gross income of the beneficiary's parents or legal
guardians as reported on the federal tax return or returns for
the calendar year in which contributions were made. If the
beneficiary's parents or legal guardians are divorced, the
income of the parent claiming the beneficiary as a dependent on
the federal individual income tax return and the income of that
parent's spouse, if any, is used to determine family income; or
(2) if the beneficiary is age 25 or older, the combined
adjusted gross income of the beneficiary and spouse, if any.
(b) For a parent or legal guardian of beneficiaries under
age 25 and for beneficiaries age 25 or older who resided in
Minnesota and filed a federal individual income tax return, the
matching grant must be based on family income from the calendar
year in which contributions were made.
Sec. 42. Minnesota Statutes 2004, section 136G.11,
subdivision 3, is amended to read:
Subd. 3. [RESIDENCY REQUIREMENT.] (a) If the beneficiary
is under age 25, the beneficiary's parents or legal guardians
must be Minnesota residents to qualify for a matching grant. If
the beneficiary is age 25 or older, the beneficiary must be a
Minnesota resident to qualify for a matching grant.
(b) To meet the residency requirements, the parent or legal
guardian of beneficiaries under age 25 must have filed a
Minnesota individual income tax return as a Minnesota resident
and claimed the beneficiary as a dependent on the parent or
legal guardian's federal tax return for the calendar year in
which contributions were made. If the beneficiary's parents are
divorced, the parent or legal guardian claiming the beneficiary
as a dependent on the federal individual income tax return must
be a Minnesota resident. For beneficiaries age 25 or older, the
beneficiary, and a spouse, if any, must have filed a Minnesota
and a federal individual income tax return as a Minnesota
resident for the calendar year in which contributions were made.
(c) A parent of beneficiaries under age 25 and
beneficiaries age 25 or older who did not reside in Minnesota in
the calendar year in which contributions were made are not
eligible for a matching grant.
Sec. 43. Minnesota Statutes 2004, section 136G.11,
subdivision 13, is amended to read:
Subd. 13. [FORFEITURE OF MATCHING GRANTS.] (a) Matching
grants are forfeited if:
(1) the account owner transfers the total account balance
of an account to another account or to another qualified tuition
program;
(2) the beneficiary receives a full tuition scholarship or
admission to is attending a United States service academy;
(3) the beneficiary dies or becomes disabled;
(4) the account owner changes the beneficiary of the
account; or
(5) the account owner closes the account with a
nonqualified withdrawal.
(b) Matching grants must be proportionally forfeited if:
(1) the account owner transfers a portion of an account to
another account or to another qualified tuition program;
(2) the beneficiary receives a scholarship covering a
portion of qualified higher education expenses; or
(3) the account owner makes a partial nonqualified
withdrawal.
(c) If the account owner makes a misrepresentation in a
participation agreement or an application for a matching grant
that results in a matching grant, the matching grant associated
with the misrepresentation is forfeited. The office and the
board must instruct the plan administrator as to the amount to
be forfeited from the matching grant account. The office and
the board must withdraw the matching grant or the proportion of
the matching grant that is related to the misrepresentation.
Sec. 44. Minnesota Statutes 2004, section 136G.13,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFIED DISTRIBUTION METHODS.] (a)
Qualified distributions may be made:
(1) directly to participating eligible educational
institutions on behalf of the beneficiary; or
(2) in the form of a check payable to both the beneficiary
and the eligible educational institution; or
(3) directly to the account owner or beneficiary if the
account owner or beneficiary has already paid qualified higher
education expenses.
(b) Qualified distributions must be withdrawn
proportionally from contributions and earnings in an account
owner's account on the date of distribution as provided in
section 529 of the Internal Revenue Code.
Sec. 45. Minnesota Statutes 2004, section 136G.13,
subdivision 5, is amended to read:
Subd. 5. [DISTRIBUTIONS DUE TO DEATH OR DISABILITY OF, OR
SCHOLARSHIP TO, OR ATTENDANCE AT A UNITED STATES MILITARY
ACADEMY BY, A BENEFICIARY.] An account owner may request a
distribution due to the death or disability of, or scholarship
to, or attendance at a United States military academy by, a
beneficiary from an account by submitting a completed request to
the plan. Prior to distribution, the account owner shall
certify the reason for the distribution and provide written
confirmation from a third party that the beneficiary has died,
become disabled, or received a scholarship for attendance at an
eligible educational institution, or is attending a United
States military academy. The plan must not consider a request
to make a distribution until a third-party written confirmation
is received by the plan. For purposes of this subdivision, a
third-party written confirmation consists of the following:
(1) for death of the beneficiary, a certified copy of the
beneficiary's death record;
(2) for disability of the beneficiary, a certification by a
physician who is a doctor of medicine or osteopathy stating that
the doctor is legally authorized to practice in a state of the
United States and that the beneficiary is unable to attend any
eligible educational institution because of an injury or illness
that is expected to continue indefinitely or result in death.
Certification must be on a form approved by the plan; or
(3) for a scholarship award to the beneficiary, a letter
from the grantor of the scholarship or from the eligible
educational institution receiving or administering the
scholarship, that identifies the beneficiary by name and Social
Security number or taxpayer identification number as the
recipient of the scholarship and states the amount of the
scholarship, the period of time or number of credits or units to
which it applies, the date of the scholarship, and, if
applicable, the eligible educational institution to which the
scholarship is to be applied; or
(4) for attendance by the beneficiary at a United States
military academy, a letter from the military academy indicating
the beneficiary's enrollment and attendance.
Sec. 46. Minnesota Statutes 2004, section 136G.14, is
amended to read:
136G.14 [MINOR TRUST ACCOUNTS.]
(a) This section applies to a plan account in which funds
of a minor trust account are invested.
(b) The account owner may not be changed to any person
other than a successor custodian or the beneficiary unless a
court order directing the change of ownership is provided to the
plan administrator. The custodian must sign all forms and
requests submitted to the plan administrator in the custodian's
representative capacity. The custodian must notify the plan
administrator in writing when the beneficiary becomes legally
entitled to be the account owner. An account owner under this
section may not select a contingent account owner.
(c) The beneficiary of an account under this section may
not be changed. If the beneficiary dies, assets in a plan
account become the property of the beneficiary's estate. Funds
in an account must not be transferred or rolled over to another
account owner or to an account for another beneficiary. A
nonqualified distribution from an account, or a distribution due
to the disability or scholarship award to the beneficiary, or
made on account of the beneficiary's attendance at a United
States military academy, must be used for the benefit of the
beneficiary.
Sec. 47. Minnesota Statutes 2004, section 137.0245,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A Regent Candidate
Advisory Council is established to assist the legislature in
determining criteria for, and identifying and recruiting
qualified candidates for membership on the Board of Regents and
making recommendations to the governor.
Sec. 48. Minnesota Statutes 2004, section 137.0245,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] (a) The advisory council shall:
(1) develop, in consultation with current and former
regents and the administration of the University of Minnesota, a
statement of the selection criteria to be applied and a
description of the responsibilities and duties of a regent, and
shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit
qualified candidates for the Board of Regents, based on the
background and experience of the candidates, and their potential
for discharging the responsibilities of a member of the Board of
Regents, and the needs of the board. The selection criteria
must not include a limitation on the number of terms an
individual may serve on the Board of Regents.
(b) The selection criteria developed under paragraph (a),
clause (1), must include a criterion that regents represent
diversity in geography; gender; race; occupation, including
business and labor; and experience.
(c) The selection criterion must include an identification
of the membership needs of the board for individual skills
relevant to the governance of the University of Minnesota and
the needs for certain individual characteristics. Individual
characteristics relate to qualities such as gender, race, and
geographic location of residence.
Sec. 49. Minnesota Statutes 2004, section 137.0245,
subdivision 4, is amended to read:
Subd. 4. [RECOMMENDATIONS.] (a) The advisory council shall
recommend at least two and not more than four candidates. By
March 15 January 15 of each odd-numbered year, the advisory
council shall submit its recommendations to the president of the
senate and the speaker of the house of representatives. The
legislature shall not be bound by these recommendations governor.
(b) The advisory council must submit a report to the
governor on the needs criterion identified under subdivision 3,
paragraph (c), at the same time it submits its recommendations.
Sec. 50. [137.0246] [REGENT NOMINATION AND ELECTION.]
Subdivision 1. [GOVERNOR NOMINATION.] By February 15
following the receipt of recommendations from the advisory
council, the governor must submit to the joint committee
established under subdivision 2 a slate of regent nominations
that complies with sections 137.023 and 137.024. The slate must
name one nominee for each vacancy. In selecting nominees, the
governor must consider the needs of the Board of Regents and the
balance of the board membership with respect to gender, racial,
and ethnic composition. The governor must inform the joint
committee how each candidate and the slate meets the needs
identified in the report under section 137.0245, subdivision 4,
paragraph (b).
Subd. 2. [JOINT COMMITTEE.] (a) The joint legislative
committee consists of 20 legislator members. Ten members shall
be appointed by the speaker of the house. Ten members shall be
appointed by the Subcommittee on Committees of the Committee on
Rules and Administration from the senate. An equal number of
members from the majority and minority party shall be appointed
from each house. The members appointed from the minority party
must be appointed from among those recommended by the minority
leader. The chairs of the education policy committees and of
the higher education budget divisions and the ranking minority
member of those committees and divisions must be appointed. A
majority of the members from each house is a quorum of the joint
committee.
(b) By February 28 of each odd-numbered year, or at a date
agreed to by concurrent resolution, the joint legislative
committee shall meet to consider the governor's nominees for
regent of the University of Minnesota for possible presentation
to a joint convention of the legislature.
(c) The joint committee may only recommend to the joint
convention nominees recommended by the governor. If the joint
committee does not recommend a governor's nominee, the governor
must submit a different nominee for the same vacancy.
Sec. 51. [144.1498] [NURSING LOW-INCOME LOAN REPAYMENT.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"qualifying educational loans" means government, commercial, and
foundation loans for actual costs paid for tuition, reasonable
education expenses, and reasonable living expenses related to
the graduate or undergraduate education of a licensed practical
nurse or registered nurse.
Subd. 2. [CREATION OF ACCOUNT; LOAN REPAYMENT PROGRAM.] A
low-income nursing education account is created in the general
fund. The commissioner of health shall use money from the
account to establish a loan repayment program for licensed
practical or registered nurses who agree to practice in a
Minnesota nursing home or work in a position in Minnesota as a
nurse educator. Appropriations made to the account do not
cancel and are available until expended.
Subd. 3. [ELIGIBILITY.] (a) To be eligible to apply to
participate in the loan repayment program, an individual must:
(1) be a resident of Minnesota;
(2) currently be attending a program leading to a degree in
practical or registered nursing or a graduate nursing degree in
a public or private postsecondary education institution located
in Minnesota; and
(3) submit an application to the commissioner of health.
(b) An applicant selected to participate must sign a
contract to agree to serve a minimum three-year, full-time
service obligation in a position or place of employment
described in subdivision 2. The service must begin no later
than March 31 following completion of required training. If
fewer applications are submitted by nursing students than there
are participant slots available, the commissioner may consider
applications submitted by nursing program graduates who are
licensed or registered nurses or nurses who are nurse
educators. Nurses selected for loan repayment assistance must
comply with this section.
Subd. 4. [LOAN REPAYMENT.] The commissioner of health may
accept applicants each year for participation in the loan
repayment program, within the limits of available funding.
Applicants are responsible for securing their own loans. The
commissioner shall select participants in a priority based upon
lowest family income, followed in order of ascending family
income. Family income may be determined in the same manner as
for state grants under section 136A.121 or in another manner the
commissioner determines fairly represents family income. The
commissioner shall give preference to applicants closest to
completing their training. For each year that a participant
meets the service obligation required under subdivision 3, up to
a maximum of four years, the commissioner shall make annual
disbursements directly to the participant equivalent to 15
percent of the average educational debt for indebted nursing
school graduates in the year closest to the applicant's
selection for which information is available or the balance of
the qualifying educational loans, whichever is less. Before
receiving loan repayment disbursements and as requested, the
participant must complete and return to the commissioner an
affidavit of practice form provided by the commissioner
verifying that the participant is practicing as required under
subdivision 3. The participant must provide the commissioner
with verification that the full amount of loan repayment
disbursement received by the participant has been applied toward
the designated loans. After each disbursement, verification
must be received by the commissioner and approved before the
next loan repayment disbursement is made. Participants remain
eligible for loan repayment as long as they practice as required
under subdivision 3.
Subd. 5. [PENALTY FOR NONFULFILLMENT.] If a participant
does not fulfill the service commitment under subdivision 3, the
commissioner of health shall collect from the participant 100
percent of any payments made for qualified educational loans and
interest at a rate established according to section 270.75. The
commissioner shall deposit the money collected in the low-income
nursing education account established under subdivision 2.
Subd. 6. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or
service obligations cancel in the event of a participant's
death. The commissioner of health may waive or suspend payment
or service obligations in cases of total and permanent
disability or long-term temporary disability lasting for more
than two years. The commissioner shall evaluate all other
requests for suspension or waivers on a case-by-case basis and
may grant a waiver of all or part of the money owed as a result
of a nonfulfillment penalty if emergency circumstances prevented
fulfillment of the required service commitment.
Sec. 52. Minnesota Statutes 2004, section 192.502,
subdivision 1, is amended to read:
Subdivision 1. [POSTSECONDARY STUDENTS.] (a) A member of
the Minnesota National Guard or any other military reserve
component who is a As used in this subdivision, the terms
"qualified person" and "qualified student" have the same meaning
and include:
(1) any student at a postsecondary education educational
institution and who is called or ordered to state into active
military service in the Minnesota National Guard, as defined in
section 190.05, subdivision 5, or who is called or ordered to
federal active military service; and
(2) a veteran, as defined in section 197.447, who has a
service-connected disability as certified by the United States
Department of Veterans Affairs, who is a student at a
postsecondary educational institution, and whose service
connected medical condition or medical treatment requirements
reasonably prevent the person's attendance at or progress in
part or all of the person's higher educational training or
studies at any given time. The terms "medical condition" and
"medical treatment requirements" must be broadly construed and
without regard for whether or not they relate directly to the
person's service-connected disability.
(b) A qualified person or qualified student has the
following rights:
(1) with regard to courses in which the person is enrolled,
the person may:
(i) withdraw from one or more courses for which tuition and
fees have been paid that are attributable to the courses. The
tuition and fees must be credited to the person's account at the
postsecondary institution. Any refunds are subject to the
requirements of the state or federal financial aid programs of
origination. In such a case, the student must not receive
credit for the courses and must not receive a failing grade, an
incomplete, or other negative annotation on the student's
record, and the student's grade point average must not be
altered or affected in any manner because of action under this
item;
(ii) be given a grade of incomplete and be allowed to
complete the course upon release from active duty service, upon
completion of medical treatment, or upon sufficient medical
recovery under the postsecondary institution's standard practice
for completion of incompletes; or
(iii) continue and complete the course for full credit.
Class sessions the student misses due to performance of state or
federal active military service or due to the person's medical
treatment or medical condition must be counted as excused
absences and must not be used in any way to adversely impact the
student's grade or standing in the class. Any student who
selects this option is not, however, automatically excused from
completing assignments due during the period the student is
performing state or federal active military service or receiving
medical treatment or recovering from a medical condition. A
letter grade or a grade of pass must only be awarded only if, in
the opinion of the faculty member teaching the course, the
student has completed sufficient work and has demonstrated
sufficient progress toward meeting course requirements to
justify the grade;
(2) to receive a refund of amounts paid for room, board,
and fees attributable to the time period during which the
student was serving in state or federal active military service
or receiving medical treatment or dealing with the person's
medical condition and did not use the facilities or services for
which the amounts were paid. Any refund of room, board, and
fees is subject to the requirements of the state or federal
financial aid programs of origination; and
(3) if the student chooses to withdraw, the student has the
right to be readmitted and reenrolled as a student at the
postsecondary education institution, without penalty or
redetermination of admission eligibility, within one year two
years following release from the state or federal active
military service or following completion of medical treatment or
sufficient recovery from the person's medical condition.
(b) (c) The protections in this section may be invoked as
follows:
(1) the qualified person or qualified student, or an
appropriate officer from the military organization in which the
person will be serving, or an appropriate medical authority or
the person's authorized caregiver or family member, must give
advance verbal or written notice that the person is being called
or ordered to qualifying active military service or will be
undertaking medical treatment or a period of recovery for a
medical condition;
(2) advance notice is not required if the giving of notice
is precluded by military or medical necessity or, under all the
relevant circumstances, the giving of notice is impossible or
unreasonable; and
(3) upon written request from the postsecondary
institution, the person must provide written verification of the
order to active service or of the existence of the medical
condition or medical treatment.
(c) (d) This section provides minimum protections for
qualified students. Nothing in this section prevents
postsecondary institutions from providing additional options or
protections to students who are called or ordered to state or
federal active military service or are undertaking medical
treatment or a period of recovery from a medical condition.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 53. Minnesota Statutes 2004, section 299A.45,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Following certification
under section 299A.44 and compliance with this section and rules
of the commissioner of public safety and the higher education
services office, dependent children less than 23 years of age
and the surviving spouse of a public safety officer killed in
the line of duty on or after January 1, 1973, are eligible to
receive educational benefits under this section. To qualify for
an award, they must be enrolled in undergraduate degree or
certificate programs after June 30, 1990, at an eligible
Minnesota institution as provided in section 136A.101,
subdivision 4. A student who withdraws from enrollment for
active military service is entitled to an additional semester or
the equivalent of grant eligibility. Persons who have received
a baccalaureate degree or have been enrolled full time or the
equivalent of ten semesters or the equivalent, whichever occurs
first, are no longer eligible.
Sec. 54. Minnesota Statutes 2004, section 299A.45,
subdivision 4, is amended to read:
Subd. 4. [RENEWAL.] Each award must be given for one
academic year and is renewable for a maximum of eight semesters
or the equivalent. A student who withdraws from enrollment for
active military service is entitled to an additional semester or
the equivalent of grant eligibility. An award must not be given
to a dependent child who is 23 years of age or older on the
first day of the academic year.
Sec. 55. [583.215] [EXPIRATION.]
(a) Sections 336.9-601, subsections (h) and (i); 550.365;
559.209; 582.039; and 583.20 to 583.32, expire June 30, 2009.
(b) Laws 1986, chapter 398, article 1, section 18, as
amended, is repealed.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 56. [RECIPROCITY NEGOTIATIONS.]
Subdivision 1. [SOUTH DAKOTA.] The Higher Education
Services Office must examine reinstating interstate payments in
the Minnesota-South Dakota reciprocity program while maintaining
the tuition reciprocity agreement. The office must examine the
advantages and disadvantages of computing interstate payments
under the reciprocity agreement and the impact of interstate
payments on participating students, institutions, and the
general funds of the two states. The office must report on the
impacts of reinstating reciprocity payments to the committees of
the legislature with responsibility for higher education by
January 15, 2006.
Subd. 2. [WISCONSIN.] The Higher Education Services Office
must, as soon as possible, commence negotiations with the state
of Wisconsin on the tuition reciprocity agreement. The
negotiations must include the issue of the disparity between the
tuition paid by Wisconsin residents and Minnesota residents at
campuses of the University of Minnesota with a goal of reducing
or eliminating the disparity.
This section does not mandate the inclusion of any
particular term in a tuition reciprocity agreement.
Sec. 57. [ADVISORY TASK FORCE ON PUBLIC POSTSECONDARY
FUNDING.]
The Higher Education Services Office shall convene an
advisory task force to study the current postsecondary funding
policy under Minnesota Statutes, sections 135A.01 to 135A.034.
The task force must include the chief financial officers of the
University of Minnesota and the Minnesota State Colleges and
Universities, and the commissioner of finance, or their
designees. The task force may include other members as selected
by the Higher Education Services Office. The task force must
study and make specific recommendations on alternatives to the
methods currently used by the postsecondary systems to implement
the provisions of Minnesota Statutes, section 135A.031,
subdivision 4. The task force must submit its recommendations
to the legislature and the governor by January 15, 2006. The
task force expires on June 30, 2007.
Sec. 58. [ALTERNATIVE FORMAT INSTRUCTIONAL MATERIAL
NETWORK.]
The Higher Education Services Office must convene a group
with representatives from publishers of postsecondary
instructional materials, the Association of American Publishers
(AAP), the Minnesota State Colleges and Universities, the
University of Minnesota, all sectors of private postsecondary
education, and Minnesota State Services for the Blind to develop
a network to make available postsecondary instructional material
in an electronic format or to identify other solutions, such as
a national system, to address the specialized format needs of
postsecondary students with disabilities. The material
available through the network must be made available to
Minnesota postsecondary institutions and to postsecondary
students with disabilities that require a reading
accommodation. The group must establish standards for the
instructional material that is available through the network.
Instructional material must be in a format that is compatible
with assistive technology used by students who require a reading
accommodation. Instructional material includes, but is not
limited to, commercially printed materials published or produced
primarily for use by students in postsecondary educational
courses. Instructional materials also include materials
produced by postsecondary institutions, as defined by the group,
for use in conjunction with a course of study. The Higher
Education Services Office must report to the committees in the
house of representatives and senate with responsibility for
higher education finance by January 15, 2006, on progress in
developing the network and with recommendations on methods to
meet the needs of students for instructional materials in
alternative formats.
Sec. 59. [APPLICATION OF ELIGIBILITY.]
The additional semester or the equivalent of grant
eligibility under sections 20, 23, 53, and 54 applies to any
student who withdrew from enrollment in a postsecondary
institution after December 31, 2002, because the student was
ordered to active military service as defined in Minnesota
Statutes, section 190.05, subdivision 5b or 5c.
Sec. 60. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall change the terms "HESO" and
"Higher Education Services Office" to "Minnesota Office of
Higher Education" wherever in Minnesota Statutes and Minnesota
Rules the terms appear.
Sec. 61. [REPEALER.]
(a) Minnesota Statutes 2004, sections 136A.011, and
136A.031, subdivision 1, are repealed.
(b) Minnesota Rules, parts 4815.0100; 4815.0110; 4815.0120;
4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100;
4830.8110; 4830.8120; 4830.8130; 4830.8140; and 4830.8150, are
repealed.
ARTICLE 3
PRIVATE CAREER SCHOOLS
Section 1. Minnesota Statutes 2004, section 141.21, is
amended by adding a subdivision to read:
Subd. 6a. [MULTIPLE LOCATION.] "Multiple location" means
any site where classes or administrative services are provided
to students and which has a street address that is different
than the street address found on the school's private career
school license.
Sec. 2. Minnesota Statutes 2004, section 141.25,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION.] Application for a license shall be
on forms prepared and furnished by the office, and shall include
the following and other information as the office may require:
(1) the title or name of the school, ownership and
controlling officers, members, managing employees, and director;
(2) the specific programs which will be offered and the
specific purposes of the instruction;
(3) the place or places where the instruction will be
given;
(4) a listing of the equipment available for instruction in
each program;
(5) the maximum enrollment to be accommodated with
equipment available in each specified program;
(6) the qualifications of instructors and supervisors in
each specified program;
(7) a current balance sheet, income statement, and adequate
supporting documentation, prepared and certified by an
independent public accountant or CPA;
(8) copies of all media advertising and promotional
literature and brochures or electronic display currently used or
reasonably expected to be used by the school;
(9) copies of all Minnesota enrollment agreement forms and
contract forms and all enrollment agreement forms and contract
forms used in Minnesota; and
(10) gross income earned in the preceding year from student
tuition, fees, and other required institutional charges, unless
the school files with the office a surety bond equal to at least
$50,000 $250,000 as described in subdivision 5.
Sec. 3. Minnesota Statutes 2004, section 141.25,
subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) No license shall be issued to any
school which maintains, conducts, solicits for, or advertises
within the state of Minnesota any program, unless the applicant
files with the office a continuous corporate surety bond written
by a company authorized to do business in Minnesota conditioned
upon the faithful performance of all contracts and agreements
with students made by the applicant.
(b) The amount of the surety bond shall be ten percent of
the preceding year's gross income from student tuition, fees,
and other required institutional charges, but in no event less
than $10,000 nor greater than $50,000 $250,000, except that a
school may deposit a greater amount at its own discretion. A
school in each annual application for licensure must compute the
amount of the surety bond and verify that the amount of the
surety bond complies with this subdivision, unless the school
maintains a surety bond equal to at least $50,000 $250,000. A
school that operates at two or more locations may combine gross
income from student tuition, fees, and other required
institutional charges for all locations for the purpose of
determining the annual surety bond requirement. The gross
tuition and fees used to determine the amount of the surety bond
required for a school having a license for the sole purpose of
recruiting students in Minnesota shall be only that paid to the
school by the students recruited from Minnesota.
(c) The bond shall run to the state of Minnesota and to any
person who may have a cause of action against the applicant
arising at any time after the bond is filed and before it is
canceled for breach of any contract or agreement made by the
applicant with any student. The aggregate liability of the
surety for all breaches of the conditions of the bond shall not
exceed the principal sum deposited by the school under paragraph
(b). The surety of any bond may cancel it upon giving 60 days'
notice in writing to the office and shall be relieved of
liability for any breach of condition occurring after the
effective date of cancellation.
(d) In lieu of bond, the applicant may deposit with the
commissioner of finance a sum equal to the amount of the
required surety bond in cash, or securities as may be legally
purchased by savings banks or for trust funds in an aggregate
market value equal to the amount of the required surety bond.
(e) Failure of a school to post and maintain the required
surety bond or deposit under paragraph (d) may result in denial,
suspension, or revocation of the school's license.
Sec. 4. Minnesota Statutes 2004, section 141.25,
subdivision 8, is amended to read:
Subd. 8. [FEES AND TERMS OF LICENSE.] An application for
an initial license under sections 141.21 to 141.35 shall be
accompanied by a nonrefundable application fee established by
the office as provided in section 141.255 that is sufficient to
recover, but not exceed, its the administrative costs of the
office.
All licenses shall expire one year from the date issued by
the office, except as provided in section 141.251.
Sec. 5. Minnesota Statutes 2004, section 141.25,
subdivision 9, is amended to read:
Subd. 9. [CATALOG, BROCHURE, OR ELECTRONIC DISPLAY.]
Before a license is issued to a school, the school shall furnish
to the office a catalog, brochure, or electronic display
including:
(1) identifying data, such as volume number and date of
publication;
(2) name and address of the school and its governing body
and officials;
(3) a calendar of the school showing legal holidays,
beginning and ending dates of each course quarter, term, or
semester, and other important dates;
(4) the school policy and regulations on enrollment
including dates and specific entrance requirements for each
program;
(5) the school policy and regulations about leave,
absences, class cuts, make-up work, tardiness, and interruptions
for unsatisfactory attendance;
(6) the school policy and regulations about standards of
progress for the student including the grading system of the
school, the minimum grades considered satisfactory, conditions
for interruption for unsatisfactory grades or progress, a
description of any probationary period allowed by the school,
and conditions of reentrance for those dismissed for
unsatisfactory progress;
(7) the school policy and regulations about student conduct
and conditions for dismissal for unsatisfactory conduct;
(8) a detailed schedule of fees, charges for tuition,
books, supplies, tools, student activities, laboratory fees,
service charges, rentals, deposits, and all other charges;
(9) the school policy and regulations, including an
explanation of section 141.271, about refunding tuition, fees,
and other charges if the student does not enter the program,
withdraws from the program, or the program is discontinued;
(10) a description of the available facilities and
equipment;
(11) a course outline syllabus for each course offered
showing course objectives, subjects or units in the course, type
of work or skill to be learned, and approximate time, hours, or
credits to be spent on each subject or unit;
(12) the school policy and regulations about granting
credit for previous education and preparation;
(13) a procedure for investigating and resolving student
complaints; and
(14) the name and address of the Minnesota Higher Education
Services Office.
A school that is exclusively a distance education school is
exempt from clauses (3) and (5).
Sec. 6. Minnesota Statutes 2004, section 141.25,
subdivision 12, is amended to read:
Subd. 12. [PERMANENT RECORDS.] A school licensed under
this chapter and located in Minnesota shall maintain a permanent
record for each student for 50 years from the last date of the
student's attendance. A school licensed under this chapter and
offering distance instruction to a student located in Minnesota
shall maintain a permanent record for each Minnesota student for
50 years from the last date of the student's attendance.
Records include school transcripts, documents, and files
containing student data about academic credits earned, courses
completed, grades awarded, degrees awarded, and periods of
attendance. To preserve permanent records, a school shall
submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a
secure, fireproof depository;
(2) an appropriate official must be designated to provide a
student with copies of records or a transcript upon request;
(3) an alternative method, approved by the office, of
complying with clauses (1) and (2) must be established if the
school ceases to exist; and
(4) a continuous surety bond must be filed with the office
in an amount not to exceed $20,000 if the school has no binding
agreement for preserving student records or a trust must be
arranged if the school ceases to exist.
Sec. 7. Minnesota Statutes 2004, section 141.251, is
amended to read:
141.251 [LICENSE RENEWAL.]
Subdivision 1. [APPLICATION.] Application for renewal of a
license must be made at least 30 60 days before expiration of
the current license on a form provided by the office. A renewal
application shall be accompanied by a nonrefundable fee
established by the office as provided in section 141.255 that is
sufficient to recover, but does not exceed, its the
administrative costs of the office.
Subd. 2. [CONDITIONS.] The office shall adopt rules
establishing the conditions for renewal of a license. The
conditions shall permit two levels of renewal based on the
record of the school. A school that has demonstrated the
quality of its program and operation through longevity and
performance in the state may renew its license based on a
relaxed standard of scrutiny. A school that has been in
operation in Minnesota for a limited period of time or that has
not performed adequately on performance indicators shall renew
its license based on a strict standard of scrutiny. The office
shall specify minimum longevity standards and performance
indicators that must be met before a school may be permitted to
operate under the relaxed standard of scrutiny. The performance
indicators used in this determination shall include, but not be
limited to: degree granting status, regional or national
accreditation, loan default rates, placement rate of graduates,
student withdrawal rates, audit results, student complaints, and
school status with the United States Department of Education.
Schools that meet the requirements established in rule shall be
required to submit a full relicensure report once every four
years, and in the interim years will be exempt from the
requirements of section 141.25, subdivision 3, clauses (4), (5),
and (8), and Minnesota Rules, parts 4880.1700, subpart 6; and
4880.2100, subpart 4.
Sec. 8. [141.255] [FEES.]
Subdivision 1. [INITIAL LICENSURE FEE.] The office
processing fee for an initial licensure application is:
(1) $1,500 for a school that will offer no more than one
program during its first year of operation;
(2) $2,000 for a school that will offer two or more
nondegree level programs during its first year of operation; and
(3) $2,500 for a school that will offer two or more degree
level programs during its first year of operation.
Subd. 2. [RENEWAL LICENSURE FEE; LATE FEE.] (a) The office
processing fee for a renewal licensure application is:
(1) for a category A school, as determined by the office,
the fee is $865 if the school offers one program or $1,150 if
the school offers two or more programs; and
(2) for a category B or C school, as determined by the
office, the fee is $430 if the school offers one program or $575
if the school offers two or more programs.
(b) If a license renewal application is not received by the
office by the close of business at least 60 days before the
expiration of the current license, a late fee of $100 per
business day shall be assessed.
Subd. 3. [DEGREE LEVEL ADDITION FEE.] The office
processing fee for adding a degree level to an existing program
is $2,000 per program.
Subd. 4. [PROGRAM ADDITION FEE.] The office processing fee
for adding a program that represents a significant departure in
the objectives, content, or method of delivery of programs that
are currently offered by the school is $500 per program.
Subd. 5. [VISIT OR CONSULTING FEE.] If the office
determines that a fact-finding visit or outside consultant is
necessary to review or evaluate any new or revised program, the
office shall be reimbursed for the expenses incurred related to
the review as follows:
(1) $300 for the team base fee or for a paper review
conducted by a consultant if the office determines that a
fact-finding visit is not required;
(2) $300 for each day or part thereof on site per team
member; and
(3) the actual cost of customary meals, lodging, and
related travel expenses incurred by team members.
Subd. 6. [MODIFICATION FEE.] The fee for modification of
any existing program is $100 and is due if there is:
(1) an increase or decrease of 25 percent or more, from the
original date of program approval, in clock hours, credit hours,
or calendar length of an existing program;
(2) a change in academic measurement from clock hours to
credit hours or vice versa; or
(3) an addition or alteration of courses that represent a
25 percent change or more in the objectives, content, or methods
of delivery.
Subd. 7. [SOLICITOR PERMIT FEE.] The solicitor permit fee
is $350 and must be paid annually.
Subd. 8. [MULTIPLE LOCATION FEE.] Schools wishing to
operate at multiple locations must pay:
(1) $250 per location, for two to five locations; and
(2) an additional $50 for each location over five.
Subd. 9. [STUDENT TRANSCRIPT FEE.] The fee for a student
transcript requested from a closed school whose records are held
by the office is $10, with a maximum of five transcripts per
request.
Subd. 10. [PUBLIC OFFICE DOCUMENTS; COPIES.] The office
shall establish rates for copies of any public office document.
Sec. 9. Minnesota Statutes 2004, section 141.26,
subdivision 5, is amended to read:
Subd. 5. [FEE.] The initial and renewal application for
each permit shall be accompanied by a nonrefundable fee as
established by the office under section 141.255.
Sec. 10. Minnesota Statutes 2004, section 141.271, is
amended by adding a subdivision to read:
Subd. 1b. [SHORT-TERM PROGRAMS.] Licensed schools
conducting programs not exceeding 40 hours in length shall not
be required to make a full refund once a program has commenced
and shall be allowed to prorate any refund based on the actual
length of the program as stated in the school catalog or
advertisements and the number of hours attended by the student.
Sec. 11. Minnesota Statutes 2004, section 141.271,
subdivision 4, is amended to read:
Subd. 4. [RESIDENT SCHOOLS.] When a student has been
accepted by a school offering a resident program and gives
written notice of cancellation, or the school has actual notice
of a student's nonattendance after the start of the period of
instruction for which the student has been charged, but before
completion of 75 percent of the period of instruction, the
amount charged for tuition, fees, and all other charges shall be
prorated based on number of days in the term as a portion of the
total charges for tuition, fees, and all other charges. An
additional 25 percent of the total cost of the period of
instruction may be added, but shall not exceed $100. After
completion of 75 percent of the period of instruction for which
the student has been charged, no refunds are required.
Sec. 12. Minnesota Statutes 2004, section 141.271,
subdivision 7, is amended to read:
Subd. 7. [EQUIPMENT AND SUPPLIES.] The fair market retail
price, if separately stated in the catalog and contract or
enrollment agreement, of equipment or supplies furnished to the
student, which the student fails to return in condition suitable
for resale, and which may reasonably be resold, within ten
business days following cancellation may be retained by the
school and may be deducted from the total cost for tuition, fees
and all other charges when computing refunds.
An overstatement of the fair market retail price of any
equipment or supplies furnished the student shall be considered
inconsistent with this provision.
Sec. 13. Minnesota Statutes 2004, section 141.271,
subdivision 10, is amended to read:
Subd. 10. [CANCELLATION OCCURRENCE.] Written notice of
cancellation shall take place on the date the letter of
cancellation is postmarked or, in the cases where the notice is
hand carried, it shall occur on the date the notice is delivered
to the school. If a student has not attended classes for a
period of 21 consecutive days, the student is considered to have
withdrawn from school for all purposes as of the student's last
documented date of attendance.
Sec. 14. Minnesota Statutes 2004, section 141.271, is
amended by adding a subdivision to read:
Subd. 14. [CLOSED SCHOOL.] In the event a school closes
for any reason during a term and interrupts and terminates
classes during that term, all tuition for the term shall be
refunded to the students or the appropriate state or federal
agency or private lender that provided any funding for the term
and any outstanding obligation of the student for the term is
canceled.
Sec. 15. Minnesota Statutes 2004, section 141.28,
subdivision 1, is amended to read:
Subdivision 1. [NOT TO ADVERTISE STATE APPROVAL.] Schools,
agents of schools, and solicitors may not advertise or represent
in writing or orally that such school is approved or accredited
by the state of Minnesota, except that any school, agent, or
solicitor may advertise that the school and solicitor have been
duly licensed by the state. using the following language:
"(Name of school) is licensed as a private career school with
the Minnesota Higher Education Services Office. Licensure is
not an endorsement of the institution. Credits earned at the
institution may not transfer to all other institutions. The
educational programs may not meet the needs of every student or
employer."
Sec. 16. Minnesota Statutes 2004, section 141.28, is
amended by adding a subdivision to read:
Subd. 6. [FINANCIAL AID PAYMENTS.] (a) All schools must
collect, assess, and distribute funds received from loans or
other financial aid as provided in this subdivision.
(b) Student loans or other financial aid funds received
from federal, state, or local governments or administered in
accordance with federal student financial assistance programs
under title IV of the Higher Education Act of 1965, as amended,
United States Code, title 20, chapter 28, must be collected and
applied as provided by applicable federal, state, or local law
or regulation.
(c) Student loans or other financial aid assistance
received from a bank, finance or credit card company, or other
private lender must be collected or disbursed as provided in
paragraphs (d) and (e).
(d) Loans or other financial aid payments for amounts
greater than $3,000 must be disbursed:
(1) in two equal disbursements, if the term length is more
than four months. The loan or payment amounts may be disbursed
no earlier than the first day the student attends class with the
remainder to be disbursed halfway through the term; or
(2) in three equal disbursements, if the term length is
more than six months. The loan or payment amounts may be
disbursed no earlier than the first day the student attends
class, one-third of the way through the term, and two-thirds of
the way through the term.
(e) Loans or other financial aid payments for amounts less
than $3,000 may be disbursed as a single disbursement on the
first day a student attends class, regardless of term length.
(f) No school may enter into a contract or agreement with,
or receive any money from, a bank, finance or credit card
company, or other private lender, unless the private lender
follows the requirements for disbursements provided in
paragraphs (d) and (e).
Sec. 17. Minnesota Statutes 2004, section 141.29,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES.] The office shall have (in
addition to the powers and duties now vested therein by law) the
following powers and duties:
(a) To negotiate and enter into interstate reciprocity
agreements with similar agencies in other states, if in the
judgment of the office such agreements are or will be helpful in
effectuating the purposes of Laws 1973, Chapter 714;
(b) To grant conditional school license for periods of less
than one year if in the judgment of the office correctable
deficiencies exist at the time of application and when refusal
to issue school license would adversely affect currently
enrolled students;
(c) The office may upon its own motion, and shall upon the
verified complaint in writing of any person setting forth fact
which, if proved, would constitute grounds for refusal or
revocation under Laws 1973, Chapter 714, investigate the actions
of any applicant or any person or persons holding or claiming to
hold a license or permit. However, before proceeding to a
hearing on the question of whether a license or permit shall be
refused, revoked or suspended for any cause enumerated in
subdivision 1, the office may shall grant a reasonable time to
the holder of or applicant for a license or permit to correct
the situation. If within such time the situation is corrected
and the school is in compliance with the provisions of this
chapter, no further action leading to refusal, revocation, or
suspension shall be taken.
Sec. 18. Minnesota Statutes 2004, section 141.30, is
amended to read:
141.30 [INSPECTION.]
(a) The office or a delegate may inspect the instructional
books and records, classrooms, dormitories, tools, equipment and
classes of any school or applicant for license at any reasonable
time. The office may require the submission of a certified
public audit, or if there is no such audit available the office
or a delegate may inspect the financial books and records of the
school. In no event shall such financial information be used by
the office to regulate or set the tuition or fees charged by the
school.
(b) Data obtained from an inspection of the financial
records of a school or submitted to the office as part of a
license application or renewal are nonpublic data as defined in
section 13.02, subdivision 9. Data obtained from inspections
may be disclosed to other members of the office, to law
enforcement officials, or in connection with a legal or
administrative proceeding commenced to enforce a requirement of
law.
Sec. 19. Minnesota Statutes 2004, section 141.35, is
amended to read:
141.35 [EXEMPTIONS.]
Sections 141.21 to 141.35 shall not apply to the following:
(1) public postsecondary institutions;
(2) private postsecondary institutions registered under
sections 136A.61 to 136A.71 that are nonprofit, or that are for
profit and registered under sections 136A.61 to 136A.71 as of
December 31, 1998, or are approved to offer exclusively
baccalaureate or postbaccalaureate programs;
(3) schools of nursing accredited by the state Board of
Nursing or an equivalent public board of another state or
foreign country;
(4) private schools complying with the requirements of
section 120A.22, subdivision 4;
(5) courses taught to students in a valid apprenticeship
program taught by or required by a trade union;
(6) schools exclusively engaged in training physically or
mentally handicapped persons for the state of Minnesota;
(7) schools licensed by boards authorized under Minnesota
law to issue licenses;
(8) schools and educational programs, or training programs,
contracted for by persons, firms, corporations, government
agencies, or associations, for the training of their own
employees, for which no fee is charged the employee;
(9) schools engaged exclusively in the teaching of purely
avocational, recreational, or remedial subjects as determined by
the office;
(10) driver training schools and instructors as defined in
section 171.33, subdivisions 1 and 2;
(11) classes, courses, or programs conducted by a bona fide
trade, professional, or fraternal organization, solely for that
organization's membership;
(12) programs in the fine arts provided by organizations
exempt from taxation under section 290.05 and registered with
the attorney general under chapter 309. For the purposes of
this clause, "fine arts" means activities resulting in artistic
creation or artistic performance of works of the imagination
which are engaged in for the primary purpose of creative
expression rather than commercial sale or employment. In making
this determination the office may seek the advice and
recommendation of the Minnesota Board of the Arts;
(13) classes, courses, or programs intended to fulfill the
continuing education requirements for licensure or certification
in a profession, that have been approved by a legislatively or
judicially established board or agency responsible for
regulating the practice of the profession, and that are offered
primarily exclusively to an individual practicing the
profession;
(14) classes, courses, or programs intended to prepare
students to sit for undergraduate, graduate, postgraduate, or
occupational licensing and occupational entrance examinations;
(15) classes, courses, or programs providing 16 or fewer
clock hours of instruction that are not part of the curriculum
for an occupation or entry level employment;
(16) classes, courses, or programs providing instruction in
personal development, modeling, or acting;
(17) training or instructional programs, in which one
instructor teaches an individual student, that are not part of
the curriculum for an occupation or are not intended to prepare
a person for entry level employment; and
(18) schools with no physical presence in Minnesota, as
determined by the office, engaged exclusively in offering
distance instruction that are located in and regulated by other
states or jurisdictions.
Sec. 20. [REGULATION OF PRIVATE AND OUT-OF-STATE
POSTSECONDARY INSTITUTIONS.]
The Higher Education Services Office must convene a working
group to develop recommendations to revise the regulation under
Minnesota Statutes, sections 136A.61 to 136A.71, and chapter
141, of private and out-of-state postsecondary institutions that
offer instruction in Minnesota or to Minnesota residents who are
not required to leave the state. Members of the working group
are appointed by the director of the Higher Education Services
Office and must include one or more representatives of the
Minnesota Private College Council, the Minnesota Career College
Association, and other interested institutions that are
registered or licensed under state law.
In developing recommendations, the working group must
consider the office's mission to protect both consumers of
postsecondary education and the state's interests. The
recommendations must address the provision of degrees,
certificates, diplomas, and training offered by for-profit and
nonprofit institutions in Minnesota and outside of Minnesota, in
classrooms or online, and regulatory issues under federal law.
The recommendations may include other relevant issues as
determined by the working group.
The office must provide preliminary recommendations to the
committees of the legislature with jurisdiction over higher
education policy and higher education finance by November 15,
2005, and must provide final recommendations by January 15, 2006.
ARTICLE 4
ROCHESTER
Section 1. [ROCHESTER HIGHER EDUCATION DEVELOPMENT
COMMITTEE.]
Subdivision 1. [ESTABLISHMENT.] The Rochester Higher
Education Development Committee is established to research and
make recommendations to the governor and legislature on the
creation of mission-driven postsecondary educational programs or
institutions in the Rochester area that meet the educational
needs of the region and the state and that capitalize on the
unique opportunities for educational partnerships presented in
the Rochester area.
Subd. 2. [MEMBERSHIP.] The committee is composed of 11
members, to be appointed by the governor, as follows:
(1) a trustee of the Minnesota State Colleges and
Universities, or the trustee's designee;
(2) a regent of the University of Minnesota, or the
regent's designee;
(3) six persons from the Rochester area representing
business, health and medical sciences, and technology;
(4) the commissioner of finance, as a nonvoting member, or
the commissioner's designee;
(5) one person who by training or experience has special
expertise in postsecondary finance and planning; and
(6) one person who by training or experience has special
expertise in postsecondary academic planning and programming.
Before the first meeting of the committee, the governor
shall select one person from the committee who shall serve as
chair.
Subd. 3. [COMPENSATION AND REMOVAL.] Appointments to the
committee are not subject to Minnesota Statutes, section 15.0597.
Members of the committee are not entitled to reimbursement under
Minnesota Statutes, section 15.059, subdivision 6. Members may
be removed and vacancies filled pursuant to Minnesota Statutes,
section 15.059, subdivision 4. The director of the Higher
Education Services Office may provide administrative support to
the committee.
Subd. 4. [DUTIES.] (a) The committee shall develop a
proposal for establishment and implementation of expanded higher
education programs or institutions in Rochester. The
committee's report must include recommendations on:
(1) the mission and focus of the programs or institutions;
(2) the nature of undergraduate and graduate programs to be
offered;
(3) site and facility needs;
(4) funding sources and opportunities;
(5) operational needs;
(6) alliances or other types of cooperative arrangements
with public and private institutions;
(7) governance structures; and
(8) mechanisms to ensure that the expanded programs are
aligned with the unique needs and opportunities of the Rochester
area and that programs take advantage of opportunities presented
by regional business and industry.
(b) If the committee recommends any programmatic changes
that result in institutional realignments, the committee must
consult with the representatives of affected employees and
address the continuation of collective bargaining and
contractual rights and benefits, including accumulated sick
leave, vacation time, seniority, time to tenure, separation or
retirement benefits, and pension plan coverage.
(c) The committee must consider specifically whether
expansion of the University of Minnesota in Rochester is the
most appropriate method of meeting the region's needs.
(d) The committee may also research and provide
recommendations on sites for the facilities and programs. The
committee shall recommend any changes to Minnesota law required
to implement recommendations of the committee.
Subd. 5. [REPORT.] The committee must issue a report with
recommendations to the governor and the legislature by January
15, 2006.
Subd. 6. [SUNSET.] The committee expires on December 31,
2007.
Sec. 2. [ROCHESTER HIGHER EDUCATION DEVELOPMENT ACCOUNT.]
A Rochester higher education development account is created
in the state treasury in the special revenue fund. Money in
this account is appropriated to the Higher Education Services
Office for allocation to the committee established in section 1,
subdivision 1, and the implementation activities outlined in
article 1, section 2, subdivision 16, paragraph (b). The office
shall serve as fiscal agent for the committee established in
section 1.
Sec. 3. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
Presented to the governor May 24, 2005
Signed by the governor May 26, 2005, 9:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes