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CHAPTER 69--S.F.No. 5

An act

relating to higher education; establishing a budget for higher education; appropriating money to the Office of Higher Education, the Board of Trustees of the Minnesota State Colleges and Universities, the Board of Regents of the University of Minnesota, and the Mayo Clinic; appropriating money for tuition relief; making various policy and technical changes to higher-education-related provisions; regulating the policies of postsecondary institutions relating to sexual harassment and sexual violence; providing goals, standards, programs, and grants; requiring reports; authorizing refinancing of certain bonds;

amending Minnesota Statutes 2014, sections 5.41, subdivisions 2, 3; 13.32, subdivision 6; 13.322, by adding a subdivision; 16C.075; 122A.09, subdivision 4; 124D.09, by adding subdivisions; 124D.091, subdivision 1; 135A.15; 136A.01, by adding a subdivision; 136A.031, subdivision 4; 136A.0411; 136A.101, subdivision 8; 136A.121, subdivisions 6, 7a, 20; 136A.125, subdivisions 2, 4, 4b; 136A.1701, subdivision 4; 136A.61; 136A.63, subdivision 2; 136A.65, subdivisions 4, 7; 136A.657, subdivisions 1, 3; 136A.67; 136A.861, subdivision 1; 136A.87; 136G.05, subdivision 7; 137.54; 141.21, subdivisions 5, 6a, 9; 141.25; 141.251, subdivision 2; 141.255; 141.26; 141.265; 141.271, subdivisions 1a, 1b, 3, 5, 7, 8, 9, 10, 12, 13, 14; 141.28; 141.29; 141.30; 141.32; 141.35; 197.75, subdivision 1; 261.23; Laws 2014, chapter 312, article 13, section 47; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 136F; 175; 626; repealing Minnesota Statutes 2014, sections 136A.127, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, 9b, 10, 10a, 11, 14; 136A.862; 141.271, subdivisions 4, 6; 158.01; 158.02; 158.03; 158.04; 158.05; 158.06; 158.07; 158.08; 158.09; 158.091; 158.10; 158.11; 158.12; Minnesota Rules, part 4830.7500, subparts 2a, 2b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

HIGHER EDUCATION APPROPRIATIONS

Section 1.

new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Summary By Fund. new text end

new text begin The amounts shown in this subdivision summarize direct appropriations, by fund, made in this article. new text end

new text begin SUMMARY BY FUND new text end
new text begin 2016 new text end new text begin 2017 new text end new text begin Total new text end
new text begin General new text end new text begin $ new text end new text begin 1,530,668,000 new text end new text begin $ new text end new text begin 1,536,256,000 new text end new text begin $ new text end new text begin 3,066,924,000 new text end
new text begin Health Care Access new text end new text begin 2,157,000 new text end new text begin 2,157,000 new text end new text begin 4,314,000 new text end
new text begin Total new text end new text begin $ new text end new text begin 1,532,825,000 new text end new text begin $ new text end new text begin 1,538,413,000 new text end new text begin $ new text end new text begin 3,071,238,000 new text end

new text begin Subd. 2. new text end

new text begin Summary By Agency - All Funds. new text end

new text begin The amounts shown in this subdivision summarize direct appropriations, by agency, made in this article. new text end

new text begin SUMMARY BY AGENCY - ALL FUNDS new text end
new text begin 2016 new text end new text begin 2017 new text end new text begin Total new text end
new text begin Minnesota Office of Higher Education new text end new text begin $ new text end new text begin 230,843,000 new text end new text begin $ new text end new text begin 236,630,000 new text end new text begin $ new text end new text begin 467,473,000 new text end
new text begin Board of Trustees of the Minnesota State Colleges and Universities new text end new text begin 672,925,000 new text end new text begin 672,726,000 new text end new text begin 1,345,651,000 new text end
new text begin Board of Regents of the University of Minnesota new text end new text begin 627,706,000 new text end new text begin 627,706,000 new text end new text begin 1,251,098,000 new text end
new text begin Mayo Clinic new text end new text begin 1,351,000 new text end new text begin 1,351,000 new text end new text begin 2,702,000 new text end
new text begin Total new text end new text begin $ new text end new text begin 1,532,825,000 new text end new text begin $ new text end new text begin 1,538,413,000 new text end new text begin $ new text end new text begin 3,066,924,000 new text end

Sec. 2.

new text begin HIGHER EDUCATION APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016 and 2017. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2016 new text end new text begin 2017 new text end

Sec. 3.

new text begin MINNESOTA OFFICE OF HIGHER EDUCATION new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 230,843,000 new text end new text begin $ new text end new text begin 236,630,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin State Grants new text end

new text begin 180,281,000 new text end new text begin 180,281,000 new text end

new text begin If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin Subd. 3. new text end

new text begin Child Care Grants new text end

new text begin 6,684,000 new text end new text begin 6,684,000 new text end

new text begin Subd. 4. new text end

new text begin State Work-Study new text end

new text begin 14,502,000 new text end new text begin 14,502,000 new text end

new text begin Subd. 5. new text end

new text begin Interstate Tuition Reciprocity new text end

new text begin 11,018,000 new text end new text begin 11,018,000 new text end

new text begin If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available to meet reciprocity contract obligations. new text end

new text begin Subd. 6. new text end

new text begin Safety Officer's Survivors new text end

new text begin 100,000 new text end new text begin 100,000 new text end

new text begin This appropriation is to provide educational benefits under Minnesota Statutes, section 299A.45, to eligible dependent children and to the spouses of public safety officers killed in the line of duty. new text end

new text begin If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin Subd. 7. new text end

new text begin Indian Scholarships new text end

new text begin 3,500,000 new text end new text begin 3,500,000 new text end

new text begin The commissioner must contract with or employ at least one person with demonstrated competence in American Indian culture and residing in or near the city of Bemidji to assist students with the scholarships under Minnesota Statutes, section 136A.126, and with other information about financial aid for which the students may be eligible. Bemidji State University must provide office space at no cost to the Minnesota Office of Higher Education for purposes of administering the American Indian scholarship program under Minnesota Statutes, section 136A.126. This appropriation includes funding to administer the American Indian scholarship program. new text end

new text begin Subd. 8. new text end

new text begin Tribal College Grants new text end

new text begin 150,000 new text end new text begin 150,000 new text end

new text begin For tribal college assistance grants under Minnesota Statutes, section 136A.1796. new text end

new text begin Subd. 9. new text end

new text begin Intervention for College Attendance Program Grants new text end

new text begin 671,000 new text end new text begin 671,000 new text end

new text begin For the intervention for college attendance program under Minnesota Statutes, section 136A.861. new text end

new text begin This appropriation includes funding to administer the intervention for college attendance program grants. new text end

new text begin Subd. 10. new text end

new text begin Student-Parent Information new text end

new text begin 122,000 new text end new text begin 122,000 new text end

new text begin Subd. 11. new text end

new text begin Get Ready! new text end

new text begin 180,000 new text end new text begin 180,000 new text end

new text begin Subd. 12. new text end

new text begin Minnesota Education Equity Partnership new text end

new text begin 45,000 new text end new text begin 45,000 new text end

new text begin Subd. 13. new text end

new text begin Midwest Higher Education Compact new text end

new text begin 115,000 new text end new text begin 115,000 new text end

new text begin Subd. 14. new text end

new text begin United Family Medicine Residency Program new text end

new text begin 501,000 new text end new text begin 501,000 new text end

new text begin For a grant to United Family Medicine residency program. This appropriation shall be used to support up to 21 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 cost-effective manner. new text end

new text begin Subd. 15. new text end

new text begin MnLINK Gateway and Minitex new text end

new text begin 5,905,000 new text end new text begin 5,905,000 new text end

new text begin Subd. 16. new text end

new text begin Statewide Longitudinal Education Data System new text end

new text begin 882,000 new text end new text begin 882,000 new text end

new text begin Subd. 17. new text end

new text begin Hennepin County Medical Center new text end

new text begin 645,000 new text end new text begin 645,000 new text end

new text begin For transfer to Hennepin County Medical Center for graduate family medical education programs at Hennepin County Medical Center. new text end

new text begin Subd. 18. new text end

new text begin MNSCU Two-Year Public College Program new text end

new text begin -0- new text end new text begin 5,000,000 new text end

new text begin (a) $3,993,000 in fiscal year 2017 is for two-year public college program grants under article 3, section 20. new text end

new text begin (b) $782,000 in fiscal year 2017 is to provide mentoring and outreach as specified under article 3, section 20. new text end

new text begin (c) $225,000 in fiscal year 2017 is for information technology and administrative costs associated with implementation of the grant program. new text end

new text begin (d) The base for fiscal year 2018 is $3,481,000 and the base for fiscal year 2019 is $0. new text end

new text begin Subd. 19. new text end

new text begin College Possible new text end

new text begin 250,000 new text end new text begin 250,000 new text end

new text begin (a) This appropriation is for immediate transfer to College Possible to support programs of college admission and college graduation for low-income students through an intensive curriculum of coaching and support at both the high school and postsecondary level. new text end

new text begin (b) This appropriation must, to the extent possible, be proportionately allocated between students from greater Minnesota and students in the seven-county metropolitan area. new text end

new text begin (c) This appropriation must be used by College Possible only for programs supporting students who are residents of Minnesota and attending colleges or universities within Minnesota. new text end

new text begin (d) By February 1 of each year, College Possible must report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over higher education and E-12 education on activities funded by this appropriation. The report must include, but is not limited to, information about the expansion of College Possible in Minnesota, the number of College Possible coaches hired, the expansion within existing partner high schools, the expansion of high school partnerships, the number of high school and college students served, the total hours of community service by high school and college students, and a list of communities and organizations benefitting from student service hours. new text end

new text begin Subd. 20. new text end

new text begin Large Animal Veterinarian Loan Forgiveness Program new text end

new text begin 250,000 new text end

new text begin For the large animal veterinarian loan forgiveness program under Minnesota Statutes, section 136A.1795. This is a onetime appropriation and is available until June 30, 2022. new text end

new text begin Subd. 21. new text end

new text begin Spinal Cord Injury and Traumatic Brain Injury Research Grant Program new text end

new text begin 500,000 new text end new text begin 500,000 new text end

new text begin For spinal cord injury and traumatic brain injury research grants authorized under Minnesota Statutes, section 136A.901. new text end

new text begin The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision. new text end

new text begin Subd. 22. new text end

new text begin Summer Academic Enrichment Program new text end

new text begin 100,000 new text end new text begin 100,000 new text end

new text begin For summer academic enrichment grants under Minnesota Statutes, section 136A.091. new text end

new text begin The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision. new text end

new text begin Subd. 23. new text end

new text begin Dual Training Competency Grants; OHE new text end

new text begin 1,000,000 new text end new text begin 2,000,000 new text end

new text begin For training grants under Minnesota Statutes, section 136A.246. new text end

new text begin The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision. new text end

new text begin Subd. 24. new text end

new text begin Dual Training Competency Grants; DOLI new text end

new text begin 200,000 new text end new text begin 200,000 new text end

new text begin For transfer to the commissioner of labor and industry for identification of competency standards for dual training under Minnesota Statutes, section 175.45. new text end

new text begin Subd. 25. new text end

new text begin Concurrent Enrollment Courses new text end

new text begin 340,000 new text end new text begin 340,000 new text end

new text begin (a) $225,000 in fiscal year 2016 and $225,000 in fiscal year 2017 are for grants to develop new concurrent enrollment courses under Minnesota Statutes, section 124D.09, subdivision 10, that satisfy the elective standard for career and technical education. Any balance in the first year does not cancel but is available in the second year. new text end

new text begin (b) $115,000 in fiscal year 2016 and $115,000 in fiscal year 2017 are for grants to postsecondary institutions currently sponsoring a concurrent enrollment course to expand existing programs. The commissioner shall determine the application process and the grant amounts. The commissioner must give preference to expanding programs that are at capacity. Any balance in the first year does not cancel but is available in the second year. new text end

new text begin (c) By December 1 of each year, the office shall submit a brief report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education regarding: new text end

new text begin (1) the courses developed by grant recipients and the number of students who enrolled in the courses under paragraph (a); and new text end

new text begin (2) the programs expanded and the number of students who enrolled in programs under paragraph (b). new text end

new text begin Subd. 26. new text end

new text begin Student Loan Debt Counseling new text end

new text begin 150,000 new text end new text begin 150,000 new text end

new text begin For student loan debt counseling under article 3, section 24. This is a onetime appropriation. new text end

new text begin Subd. 27. new text end

new text begin Campus Sexual Assault Reporting new text end

new text begin 25,000 new text end new text begin 25,000 new text end

new text begin For the sexual assault reporting required under Minnesota Statutes, section 135A.15. new text end

new text begin Subd. 28. new text end

new text begin Teacher Shortage Loan Forgiveness new text end

new text begin 200,000 new text end new text begin 200,000 new text end

new text begin For the loan forgiveness program under Minnesota Statutes, section 136A.1791. new text end

new text begin The commissioner may use no more than three percent of this appropriation to administer the program under this subdivision. new text end

new text begin Subd. 29. new text end

new text begin Agency Administration new text end

new text begin 2,527,000 new text end new text begin 2,564,000 new text end

new text begin Subd. 30. new text end

new text begin Balances Forward new text end

new text begin A balance in the first year under this section does not cancel, but is available for the second year. new text end

new text begin Subd. 31. new text end

new text begin Transfers new text end

new text begin The Minnesota Office of Higher Education may transfer unencumbered balances from the appropriations in this section to the state grant appropriation, the interstate tuition reciprocity appropriation, the child care grant appropriation, the Indian scholarship appropriation, the state work-study appropriation, the get ready appropriation, and the public safety officers' survivors 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 prior written notice to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over higher education finance. new text end

Sec. 4.

new text begin BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 672,925,000 new text end new text begin $ new text end new text begin 672,726,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Central Office and Shared Services Unit new text end

new text begin 33,074,000 new text end new text begin 33,074,000 new text end

new text begin For the Office of the Chancellor and the Shared Services Division. new text end

new text begin Subd. 3. new text end

new text begin Operations and Maintenance new text end

new text begin 635,736,000 new text end new text begin 635,537,000 new text end

new text begin This appropriation includes $50,000,000 in fiscal year 2016 and $50,000,000 in fiscal year 2017 for student tuition relief. The Board of Trustees must establish tuition rates as follows: new text end

new text begin (1) for the 2015-2016 academic year, the tuition rate at colleges must not exceed the 2014-2015 academic year rate; and new text end

new text begin (2) for the 2016-2017 academic year, the tuition rate at universities must not exceed the 2015-2016 academic year rate, and the tuition rate at colleges must be reduced by at least one percent compared to the 2015-2016 academic year rate. new text end

new text begin The student tuition relief may not be offset by increases in mandatory fees, charges, or other assessments to the student. new text end

new text begin $57,000 in fiscal year 2016 and $58,000 in fiscal year 2017 are for activities related to the implementation of new transfer pathways required by article 3, section 21. new text end

new text begin This appropriation includes $200,000 in fiscal year 2016 to award up to two grants to system institutions with a teacher preparation program approved by the Board of Teaching to provide a school year-long student teaching pilot program, consistent with the student teaching program requirements under Minnesota Statutes, section 122A.09, subdivision 4, paragraph (d). This is a onetime appropriation. The Board of Trustees must report to the K-12 and higher education committees of the legislature by March 1, 2017, on the experiences of the grant recipients and the student teachers with the school year-long student teaching program, and include any recommendations for amending Minnesota Statutes, section 122A.09, subdivision 4, paragraph (d), based on the experiences of the grant recipients. new text end

new text begin $18,000 each year is for transfer to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota. This appropriation is in addition to the $102,000 per fiscal year this project currently receives. The project shall continue to provide information to the Board of Trustees on the number of students served, credit hours delivered, and services provided to students. The base appropriation under this paragraph is $120,000 each year. new text end

new text begin $50,000 in fiscal year 2016 and $50,000 in fiscal year 2017 are for developing and teaching online agriculture courses by farm business management faculty at colleges that offer farm business management. new text end

new text begin Institutions developing courses under this appropriation shall focus on introductory coursework, and must coordinate with one another to offer complimentary courses and avoid duplication. The appropriation may not be used to develop courses already available through another state college or university. Institutions receiving funds from this appropriation must have one course developed and ready for student enrollment within one year of receiving funds. new text end

new text begin $225,000 in fiscal year 2016 and $225,000 in fiscal year 2017 are to create and develop a teacher preparation program leading to licensure in agricultural education at Southwest Minnesota State University. This is a onetime appropriation. new text end

new text begin Southwest Minnesota State University shall provide the committees of the legislature with primary jurisdiction over agriculture policy, K-12 education policy, and higher education policy and finance with a report on the institution's progress in creating an agricultural education licensure program and increasing the number of students receiving a teaching license in agricultural education. The report must be submitted by February 15, 2016, and by February 15, 2017. new text end

new text begin $35,000 in fiscal year 2016 and $35,000 in fiscal year 2017 are to implement a program to assist foreign-born students and groups underrepresented in nursing to succeed in postsecondary nursing programs. This program shall include but not be limited to mentoring programs and seminars. new text end

new text begin One-quarter of this appropriation must be distributed to Minneapolis Community and Technical College. One-quarter of this appropriation must be distributed to Century College. One-half of this appropriation must be distributed in equal amounts to two state colleges or universities that are located outside of the seven-county metropolitan area. The board must select the state colleges or universities outside of the seven-county metropolitan area based on the proportion of enrolled nursing students that are foreign-born or from groups underrepresented in nursing. new text end

new text begin The program established under this appropriation shall be called the "Kathleen McCullough-Zander Success in Nursing Program." new text end

new text begin $175,000 in fiscal year 2016 and $175,000 in fiscal year 2017 are to establish a veterans-to-agriculture pilot program. The appropriation for fiscal year 2016 shall be used to establish the pilot program at South Central College, North Mankato campus, and the appropriation for fiscal year 2017 shall be used to support, in equal amounts, up to six program sites statewide. No more than two percent of the total appropriation provided by this section may be used for administrative purposes at the system level. new text end

new text begin The veterans-to-agriculture pilot program shall be designed to facilitate the entrance of military veterans into careers related to agriculture and food production, processing, and distribution through intensive, four- to eight-week academic training in relevant fields of study, job development programs and outreach to potential employers, and appropriate career-building skills designed to assist returning veterans in entering the civilian workforce. Upon successful completion, a student shall be awarded a certificate of completion or another appropriate academic credit. new text end

new text begin The pilot program shall be coordinated by South Central College, North Mankato campus' farm business management program and developed in collaboration with the University of Minnesota Extension, the Department of Agriculture, the Department of Veterans Affairs, and the Department of Employment and Economic Development. The program coordinators are encouraged to involve other interested stakeholders in the development and operation of the program, and may request assistance with applications for grants or other funding from available federal, state, local, and private sources. As necessary, they may also work with other public or private entities to secure temporary housing for enrolled students. new text end

new text begin In addition to South Central College, North Mankato campus, the pilot program shall be delivered by up to five additional state colleges. One of the additional colleges must be located in the seven-county metropolitan area, at a campus that has agreed to incorporate the pilot program as part of an urban agriculture program, and the remaining additional colleges must be located outside of the seven-county metropolitan area, at campuses with existing farm business management programs. new text end

new text begin No later than December 15, 2016, the program shall report to the committees of the house of representatives and the senate with jurisdiction over issues related to agriculture, veterans affairs, and higher education on program operations, including information on participation rates, new job placements, and any unmet needs. new text end

new text begin This appropriation includes $40,000 in fiscal year 2016 and $40,000 in fiscal year 2017 to implement the sexual assault policies required under Minnesota Statutes, section 135A.15. new text end

new text begin Five percent of the fiscal year 2017 appropriation specified in this subdivision is available according to the schedule in clauses (1) to (5) in fiscal year 2017 when the Board of Trustees of the Minnesota State Colleges and Universities demonstrates to the commissioner of management and budget that the board has met the following specified number of performance goals: new text end

new text begin (1) 100 percent if the board meets three, four, or five goals; new text end

new text begin (2) 67 percent if two of the goals are met; new text end

new text begin (3) 33 percent if one of the goals are met; and new text end

new text begin (4) zero percent if none of the goals are met. new text end

new text begin The performance goals are: new text end

new text begin (1) increase by at least four percent in fiscal year 2015, compared to fiscal year 2008, degrees, diplomas, and certificates conferred and provide a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education on the separate changes in the number of degrees, diplomas, and certificates conferred; new text end

new text begin (2) increase by at least five percent the fiscal year 2015-related employment rate for 2014 graduates, compared to the 2011 rate for 2010 graduates; new text end

new text begin (3) for fiscal year 2016, reallocate $22,000,000 of costs. The Board of Trustees is requested to redirect those funds to invest in direct mission activities, stem growth in tuition and student fees, and to programs that benefit students; new text end

new text begin (4) decrease by at least ten percent the fiscal year 2015 headcount of students enrolled in developmental courses compared to fiscal year 2013 headcount of students enrolled in developmental courses; and new text end

new text begin (5) increase by at least five percent the fiscal year 2015 degrees awarded to students who took no more than 128 credits for a baccalaureate degree and 68 credits for associate in arts, associate of science, or associate in fine arts degrees, as compared to the rate for 2011 graduates. new text end

new text begin By August 1, 2015, the Board of Trustees and the Minnesota Office of Higher Education must agree on specific numerical indicators and definitions for each of the five goals that will be used to demonstrate the Minnesota State Colleges and Universities' attainment of each goal. On or before April 1, 2016, the Board of Trustees must report to the legislative committees with primary jurisdiction over higher education finance and policy the progress of the Minnesota State Colleges and Universities toward attaining the goals. The appropriation base for the next biennium shall include appropriations not made available under this subdivision for failure to meet performance goals. All of the appropriation that is not available due to failure to meet performance goals is appropriated to the commissioner of the Office of Higher Education for fiscal year 2017 for the purpose of the state grant program under Minnesota Statutes, section 136A.121. new text end

new text begin Performance metrics are intended to facilitate progress towards the attainment goal under Minnesota Statutes, section 135A.012. new text end

new text begin Subd. 4. new text end

new text begin Learning Network of Minnesota new text end

new text begin 4,115,000 new text end new text begin 4,115,000 new text end

Sec. 5.

new text begin BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 627,706,000 new text end new text begin $ new text end new text begin 627,706,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 625,549,000 new text end new text begin 625,549,000 new text end
new text begin Health Care Access new text end new text begin 2,157,000 new text end new text begin 2,157,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Operations and Maintenance new text end

new text begin 559,111,000 new text end new text begin 559,111,000 new text end

new text begin This appropriation includes funding for operation and maintenance of the system. Of the amount appropriated in this subdivision: new text end

new text begin $11,100,000 in fiscal year 2016 and $11,100,000 in fiscal year 2017 are to minimize any increase in a student's cost of attendance; for research to solve the challenges facing our state, nation, and world; to educate a diverse population of Minnesotans from every community who show the greatest promise; and for public service that builds lasting partnerships with communities across the state to address our most complex and pressing issues. The Board of Regents is requested to: new text end

new text begin (1) maintain a low cost of mission and advance operational excellence; new text end

new text begin (2) increase the diversity of the university's students, faculty, and staff; and new text end

new text begin (3) strengthen the university's relationships with the agriculture industry and the communities of greater Minnesota. new text end

new text begin $15,000,000 in fiscal year 2016 and $15,000,000 in fiscal year 2017 are to: new text end

new text begin (1) increase the medical school's research capacity; new text end

new text begin (2) improve the medical school's ranking in National Institutes of Health funding; new text end

new text begin (3) ensure the medical school's national prominence by attracting and retaining world-class faculty, staff, and students; new text end

new text begin (4) invest in physician training programs in rural and underserved communities; and new text end

new text begin (5) translate the medical school's research discoveries into new treatments and cures to improve the health of Minnesotans. new text end

new text begin The Board of Regents is requested to consider hiring additional faculty to conduct research related to regenerative medicine. new text end

new text begin Five percent of the fiscal year 2017 appropriation specified in this subdivision is available according to the schedule in clauses (1) to (5) in fiscal year 2017 when the Board of Regents of the University of Minnesota demonstrates to the commissioner of management and budget that the board has met the following specified number of performance goals: new text end

new text begin (1) 100 percent if the board meets three, four, or five goals; new text end

new text begin (2) 67 percent if two of the goals are met; new text end

new text begin (3) 33 percent if one of the goals are met; and new text end

new text begin (4) zero percent if none of the goals are met. new text end

new text begin The performance goals are: new text end

new text begin (1) increase by at least one percent the four-year, five-year, or six-year undergraduate graduation rates, averaged over three years, for students of color systemwide at the University of Minnesota reported in fall 2016 over fall 2014. The average rate for fall 2014 is calculated with the graduation rates reported in fall 2012, 2013, and 2014; new text end

new text begin (2) increase by at least two percent the total number of undergraduate STEM degrees, averaged over three years, conferred systemwide by the University of Minnesota reported in fiscal year 2016 over fiscal year 2014. The averaged number for fiscal year 2014 is calculated with the fiscal year 2012, 2013, and 2014 numbers; new text end

new text begin (3) increase by at least one percent the four-year undergraduate graduation rate at the University of Minnesota reported in fall 2016 over fall 2014. The average rate for fall 2014 is calculated with the graduation rates reported in fall 2012, 2013, and 2014. The averaged number for fiscal year 2014 is calculated with the fiscal year 2012, 2013, and 2014 numbers; new text end

new text begin (4) for fiscal year 2016, reallocate $15,000,000 of administrative costs. The Board of Regents is requested to redirect those funds to invest in direct mission activities, stem growth in cost of attendance, and to programs that benefit students; and new text end

new text begin (5) increase licensing disclosures by three percent for fiscal year 2016 over fiscal year 2015. new text end

new text begin By August 1, 2015, the Board of Regents and the Office of Higher Education must agree on specific numerical indicators and definitions for each of the five goals that will be used to demonstrate the University of Minnesota's attainment of each goal. On or before April 1, 2016, the Board of Regents must report to the legislative committees with primary jurisdiction over higher education finance and policy the progress of the University of Minnesota toward attaining the goals. The appropriation base for the next biennium shall include appropriations not made available under this subdivision for failure to meet performance goals. All of the appropriation that is not available due to failure to meet performance goals is appropriated to the commissioner of the Office of Higher Education for fiscal year 2017 for the purpose of the state grant program under Minnesota Statutes, section 136A.121. new text end

new text begin Performance metrics are intended to facilitate progress towards the attainment goal under Minnesota Statutes, section 135A.012. new text end

new text begin Subd. 3. new text end

new text begin Primary Care Education Initiatives new text end

new text begin 2,157,000 new text end new text begin 2,157,000 new text end

new text begin This appropriation is from the health care access fund. new text end

new text begin Subd. 4. new text end

new text begin Special Appropriations new text end

new text begin (a) Agriculture and Extension Service new text end new text begin 42,922,000 new text end new text begin 42,922,000 new text end

new text begin For the Agricultural Experiment Station and the Minnesota Extension Service: new text end

new text begin (1) the agricultural experiment stations and Minnesota Extension Service must convene agricultural advisory groups to focus research, education, and extension activities on producer needs and implement an outreach strategy that more effectively and rapidly transfers research results and best practices to producers throughout the state; new text end

new text begin (2) this appropriation includes funding for research and outreach on the production of renewable energy from Minnesota biomass resources, including agronomic crops, plant and animal wastes, and native plants or trees. The following areas should be prioritized and carried out in consultation with Minnesota producers, renewable energy, and bioenergy organizations: new text end

new text begin (i) biofuel and other energy production from perennial crops, small grains, row crops, and forestry products in conjunction with the Natural Resources Research Institute (NRRI); new text end

new text begin (ii) alternative bioenergy crops and cropping systems; and new text end

new text begin (iii) biofuel coproducts used for livestock feed; new text end

new text begin (3) this appropriation includes funding for the College of Food, Agricultural, and Natural Resources Sciences to establish and provide leadership for organic agronomic, horticultural, livestock, and food systems research, education, and outreach and for the purchase of state-of-the-art laboratory, planting, tilling, harvesting, and processing equipment necessary for this project; new text end

new text begin (4) this appropriation includes funding for research efforts that demonstrate a renewed emphasis on the needs of the state's agriculture community. The following areas should be prioritized and carried out in consultation with Minnesota farm organizations: new text end

new text begin (i) vegetable crop research with priority for extending the Minnesota vegetable growing season; new text end

new text begin (ii) fertilizer and soil fertility research and development; new text end

new text begin (iii) soil, groundwater, and surface water conservation practices and contaminant reduction research; new text end

new text begin (iv) discovering and developing plant varieties that use nutrients more efficiently; new text end

new text begin (v) breeding and development of turf seed and other biomass resources in all three Minnesota biomes; new text end

new text begin (vi) development of new disease-resistant and pest-resistant varieties of turf and agronomic crops; new text end

new text begin (vii) utilizing plant and livestock cells to treat and cure human diseases; new text end

new text begin (viii) the development of dairy coproducts; new text end

new text begin (ix) a rapid agricultural response fund for current or emerging animal, plant, and insect problems affecting production or food safety; new text end

new text begin (x) crop pest and animal disease research; new text end

new text begin (xi) developing animal agriculture that is capable of sustainably feeding the world; new text end

new text begin (xii) consumer food safety education and outreach; new text end

new text begin (xiii) programs to meet the research and outreach needs of organic livestock and crop farmers; and new text end

new text begin (xiv) alternative bioenergy crops and cropping systems; and growing, harvesting, and transporting biomass plant material; and new text end

new text begin (5) by February 1, 2017, the Board of Regents must submit a report to the legislative committees and divisions with jurisdiction over agriculture and higher education finance on the status and outcomes of research and initiatives funded in this paragraph. new text end

new text begin (b) Health Sciences new text end new text begin 9,204,000 new text end new text begin 9,204,000 new text end

new text begin $346,000 each year is to support up to 12 resident physicians in the St. Cloud Hospital family practice residency program. The program must prepare doctors to practice primary care medicine in rural areas of the state. The legislature intends this program to 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. The remainder of this appropriation is for the rural physicians associates program; the Veterinary Diagnostic Laboratory; health sciences research; dental care; the Biomedical Engineering Center; and the collaborative partnership between the University of Minnesota and Mayo Clinic for regenerative medicine, research, clinical translation, and commercialization. new text end

new text begin (c) new text begin Institute of Technologynew text end new text end new text begin 1,140,000 new text end new text begin 1,140,000 new text end

new text begin For the geological survey and the talented youth mathematics program. new text end

new text begin (d) System Special new text end new text begin 5,181,000 new text end new text begin 5,181,000 new text end

new text begin For general research, the Labor Education Service, Natural Resources Research Institute, Center for Urban and Regional Affairs, Bell Museum of Natural History, and the Humphrey exhibit. new text end

new text begin (e) University of Minnesota and Mayo Foundation Partnership new text end new text begin 7,991,000 new text end new text begin 7,991,000 new text end

new text begin This appropriation is for the following activities: new text end

new text begin (1) $7,491,000 in fiscal year 2016 and $7,491,000 in fiscal year 2017 are for the direct and indirect expenses of the collaborative research partnership between the University of Minnesota and the Mayo Foundation for research in biotechnology and medical genomics. An annual report on the expenditure of these funds must be submitted to the governor and the chairs of the legislative committee responsible for higher education finance by June 30 of each fiscal year. new text end

new text begin (2) $500,000 in fiscal year 2016 and $500,000 in fiscal year 2017 are to award competitive grants to conduct research into the prevention, treatment, causes, and cures of Alzheimer's disease and other dementias. new text end

new text begin Subd. 5. new text end

new text begin Academic Health Center new text end

new text begin The appropriation for Academic Health Center funding under Minnesota Statutes, section 297F.10, is estimated to be $22,250,000 each year. new text end

Sec. 6.

new text begin MAYO CLINIC new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 1,351,000 new text end new text begin $ new text end new text begin 1,351,000 new text end

new text begin The amounts that may be spent are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Medical School new text end

new text begin 665,000 new text end new text begin 665,000 new text end

new text begin The state must pay a capitation each year for each student who is a resident of Minnesota. The appropriation may be transferred between each year of the biennium to accommodate enrollment fluctuations. It is intended that during the biennium the Mayo Clinic use the capitation money to increase the number of doctors practicing in rural areas in need of doctors. new text end

new text begin Subd. 3. new text end

new text begin Family Practice and Graduate Residency Program new text end

new text begin 686,000 new text end new text begin 686,000 new text end

new text begin The state must pay stipend support for up to 27 residents each year. new text end

Sec. 7.

new text begin MNSCU PRESIDENTIAL SELECTION PROCESS; REPORT. new text end

new text begin The Board of Trustees of the Minnesota State Colleges and Universities shall report in writing to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education by October 1, 2015, its schedule for adopting a presidential selection process as a comprehensive formal written policy. The board is encouraged to engage stakeholders in developing the board policy. The board must strongly consider a policy that provides clarity in the selection process, enhances communication and the opportunity for local input by colleges and universities and community stakeholders they serve, and that reflects the need to consult with and to keep a presidential selection advisory committee informed during the entire selection process. new text end

Sec. 8.

new text begin UNIVERSITY OF MINNESOTA BUDGET ALLOCATION REPORT. new text end

new text begin The Board of Regents of the University of Minnesota shall report by February 1, 2016, to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education finance on the factors it considers to allocate funds to separate campuses. The report must specifically, without limitation, address the issue of whether non-Twin Cities campuses are treated as single units for budget allocation purposes or treated as comprised of multiple units. The report must discuss the effect of treating a campus as a single unit and the reasons for that treatment. new text end

Sec. 9.

new text begin TUITION RECIPROCITY APPROPRIATION CANCELLATION. new text end

new text begin All unspent funds, estimated to be $8,394,000, to provide tuition reciprocity payments under Laws 2013, chapter 99, section 3, subdivision 5, are canceled to the general fund on June 30, 2015. new text end

ARTICLE 2

OFFICE OF HIGHER EDUCATION

Section 1.

Minnesota Statutes 2014, section 13.32, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Admissions forms;deleted text end Remedial instruction.

deleted text begin (a) Minnesota postsecondary education institutions, for purposes of reporting and research, may collect on the 1986-1987 admissions form, and disseminate to any public educational agency or institution the following data on individuals: student sex, ethnic background, age, and disabilities. The data shall not be required of any individual and shall not be used for purposes of determining the person's admission to an institution. deleted text end

deleted text begin (b)deleted text end new text begin (a)new text end A school district that receives information under subdivision 3, paragraph (h) from a postsecondary institution about an identifiable student shall maintain the data as educational data and use that data to conduct studies to improve instruction. Public postsecondary systems as part of their participation in the Statewide Longitudinal Education Data System shall provide data on the extent and content of the remedial instruction received by individual students, and the results of assessment testing and the academic performance of, students who graduated from a Minnesota school district within two years before receiving the remedial instruction. The Office of Higher Education, in collaboration with the Department of Education, shall evaluate the data and annually report its findings to the education committees of the legislature.

deleted text begin (c)deleted text end new text begin (b)new text end This section supersedes any inconsistent provision of law.

Sec. 2.

Minnesota Statutes 2014, section 16C.075, is amended to read:

16C.075 E-VERIFY.

A contract for services valued in excess of $50,000 must require certification from the vendor and any subcontractors that, as of the date services on behalf of the state of Minnesota will be performed, the vendor and all subcontractors have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the state of Minnesota. This section does not apply to contracts entered into by thenew text begin :new text end

new text begin (1)new text end State Board of Investmentdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (2) the Office of Higher Education for contracts related to credit reporting services if the office certifies that those services cannot be reasonably obtained if this section applies. new text end

Sec. 3.

Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:

Subd. 4.

License and rules.

(a) The board must adopt rules to license public school teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to pass a skills examination in reading, writing, and mathematics or attain either a composite score composed of the average of the scores in English and writing, reading, and mathematics on the ACT Plus Writing recommended by the board, or an equivalent composite score composed of the average of the scores in critical reading, mathematics, and writing on the SAT recommended by the board, as a requirement for initial teacher licensure, except that the board may issue up to two temporary, one-year teaching licenses to an otherwise qualified candidate who has not yet passed the skills exam or attained the requisite composite score on the ACT Plus Writing or SAT. Such rules must require college and universities offering a board-approved teacher preparation program to provide remedial assistance to persons who did not achieve a qualifying score on the skills examination or attain the requisite composite score on the ACT Plus Writing or SAT, including those for whom English is a second language. The requirement to pass a reading, writing, and mathematics skills examination or attain the requisite composite score on the ACT Plus Writing or SAT does not apply to nonnative English speakers, as verified by qualified Minnesota school district personnel or Minnesota higher education faculty, who, after meeting the content and pedagogy requirements under this subdivision, apply for a teaching license to provide direct instruction in their native language or world language instruction under section 120B.022, subdivision 1. A teacher candidate's official ACT Plus Writing or SAT composite score report to the board must not be more than ten years old at the time of licensure.

(c) The board must adopt rules to approve teacher preparation programs. The board, upon the request of a postsecondary student preparing for teacher licensure or a licensed graduate of a teacher preparation program, shall assist in resolving a dispute between the person and a postsecondary institution providing a teacher preparation program when the dispute involves an institution's recommendation for licensure affecting the person or the person's credentials. At the board's discretion, assistance may include the application of chapter 14.

(d) The board must provide the leadership and adopt rules for the redesign of teacher education programs to implement a research based, results-oriented curriculum that focuses on the skills teachers need in order to be effective. new text begin Among other components, teacher preparation programs may use the Minnesota State Colleges and Universities program model to provide a school year-long student teaching program that combines clinical opportunities with academic coursework and in-depth student teaching experiences to offer students ongoing mentorship, coaching and assessment, help to prepare a professional development plan, and structured learning experiences. new text end The board shall implement new systems of teacher preparation program evaluation to assure program effectiveness based on proficiency of graduates in demonstrating attainment of program outcomes. Teacher preparation programs including alternative teacher preparation programs under section 122A.245, among other programs, must include a content-specific, board-approved, performance-based assessment that measures teacher candidates in three areas: planning for instruction and assessment; engaging students and supporting learning; and assessing student learning. The board's redesign rules must include creating flexible, specialized teaching licenses, credentials, and other endorsement forms to increase students' participation in language immersion programs, world language instruction, career development opportunities, work-based learning, early college courses and careers, career and technical programs, Montessori schools, and project and place-based learning, among other career and college ready learning offerings.

(e) The board must adopt rules requiring candidates for initial licenses to pass an examination of general pedagogical knowledge and examinations of licensure-specific teaching skills. The rules shall be effective by September 1, 2001. The rules under this paragraph also must require candidates for initial licenses to teach prekindergarten or elementary students to pass, as part of the examination of licensure-specific teaching skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, scientifically based reading instruction under section 122A.06, subdivision 4, and their knowledge and understanding of the foundations of reading development, the development of reading comprehension, and reading assessment and instruction, and their ability to integrate that knowledge and understanding.

(f) The board must adopt rules requiring teacher educators to work directly with elementary or secondary school teachers in elementary or secondary schools to obtain periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses based on appropriate professional competencies that are aligned with the board's licensing system and students' diverse learning needs. All teacher candidates must have preparation in English language development and content instruction for English learners in order to be able to effectively instruct the English learners in their classrooms. The board must include these licenses in a statewide differentiated licensing system that creates new leadership roles for successful experienced teachers premised on a collaborative professional culture dedicated to meeting students' diverse learning needs in the 21st century, recognizes the importance of cultural and linguistic competencies, including the ability to teach and communicate in culturally competent and aware ways, and formalizes mentoring and induction for newly licensed teachers provided through a teacher support framework.

(h) The board must design and implement an assessment system which requires a candidate for an initial license and first continuing license to demonstrate the abilities necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established by the board for the renewal of teaching licenses. The board must require licensed teachers who are renewing a continuing license to include in the renewal requirements further preparation in English language development and specially designed content instruction in English for English learners.

(j) The board must grant life licenses to those who qualify according to requirements established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in the areas of using positive behavior interventions and in accommodating, modifying, and adapting curricula, materials, and strategies to appropriately meet the needs of individual students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related services for disabled children, the board shall adopt rules consistent with license or registration requirements of the commissioner of health and the health-related boards who license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further reading preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect until they are approved by law. Teachers who do not provide direct instruction including, at least, counselors, school psychologists, school nurses, school social workers, audiovisual directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation, first, in understanding the key warning signs of early-onset mental illness in children and adolescents and then, during subsequent licensure renewal periods, preparation may include providing a more in-depth understanding of students' mental illness trauma, accommodations for students' mental illness, parents' role in addressing students' mental illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942 governing restrictive procedures, and de-escalation methods, among other similar topics.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and later. new text end

Sec. 4.

Minnesota Statutes 2014, section 136A.01, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Incentive programs. new text end

new text begin The commissioner is authorized to utilize incentive gifts including, but not limited to, gift cards in order to promote to the public the various programs administered by the office. The annual total expenditures for such incentive programs shall not exceed $10,000. new text end

Sec. 5.

Minnesota Statutes 2014, section 136A.031, subdivision 4, is amended to read:

Subd. 4.

Student representation.

The commissioner deleted text begin must place at least one student from an affected educational system on any task force created by the office. The commissioner 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 commissioner must submit another student appointment to the SAC in a timely mannerdeleted text end new text begin shall invite the council to nominate a student or students to serve on task forces created by the office, when appropriatenew text end .

Sec. 6.

Minnesota Statutes 2014, section 136A.0411, is amended to read:

136A.0411 COLLECTING FEES.

The office may charge fees for seminars, conferences, workshops, services, and materials. The office may collect fees for registration and licensure of private institutions under sections 136A.61 to 136A.71 and chapter 141. The money is deleted text begin annuallydeleted text end appropriated to the office.

Sec. 7.

Minnesota Statutes 2014, 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 Minnesotanew text begin or the applicant's spouse is a resident of the state of Minnesotanew text end ;

(2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled 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 after December 31, 2002, because the student was ordered to active military service as defined in section 190.05, subdivision 5b or 5c, or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility and will be considered to be in continuing enrollment status upon return.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to academic terms commencing on or after that date. new text end

Sec. 8.

Minnesota Statutes 2014, section 136A.125, subdivision 4, is amended to read:

Subd. 4.

Amount and length of grants.

(a) 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.

(b) The maximum award to the applicant shall be $2,800 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.

new text begin (c) Applicants with family incomes at or below a percentage of the federal poverty level, as determined by the commissioner, will qualify for the maximum award. The commissioner shall attempt to set the percentage at a level estimated to fully expend the available appropriation for child care grants. Applicants with family incomes exceeding that threshold will receive the maximum award minus ten percent of their income exceeding that threshold. If the result is less than zero, the grant is zero. new text end

new text begin (d) The academic year award amount must be disbursed by academic term using the following formula: new text end

new text begin (1) the academic year amount described in paragraph (b); new text end

new text begin (2) divided by the number of terms in the academic year; new text end

new text begin (3) divided by 15; and new text end

new text begin (4) multiplied by the number of credits for which the student is enrolled that academic term, up to 15 credits. new text end

new text begin (e) Payments shall be made each academic term to the student or to the child care provider, as determined by the institution. Institutions may make payments more than once within the academic term. new text end

Sec. 9.

Minnesota Statutes 2014, section 136A.125, subdivision 4b, is amended to read:

Subd. 4b.

Additional grants.

An additionalnew text begin term ofnew text end child care grant may be awarded to an applicant attending classes outside of the regular academic year who meets the requirements in subdivisions 2 and 4new text begin . The annual maximum grant per eligible child must not exceed the calculated annual amount in subdivision 4, plus the additional amount in this subdivision, or the student's estimated annual child care cost for not more than 40 hours per week per eligible child, whichever is lessnew text end .

Sec. 10.

Minnesota Statutes 2014, section 136A.1701, subdivision 4, is amended to read:

Subd. 4.

Terms and conditions of loans.

(a) The office may loan money upon such terms and conditions as the office may prescribe. deleted text begin Under the SELF IV program, the principal amount of a loan to an undergraduate student for a single academic year shall not exceed $7,500 per grade level. The aggregate principal amount of all loans made subject to this paragraph to an undergraduate student shall not exceed $37,500. The principal amount of a loan to a graduate student for a single academic year shall not exceed $9,000. The aggregate principal amount of all loans made subject to this paragraph to a student as an undergraduate and graduate student shall not exceed $55,500. The amount of the loan may not exceed the cost of attendance less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf. The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (b).deleted text end

deleted text begin (b) The cumulative undergraduate borrowing maximums for SELF IV loans are: deleted text end

deleted text begin (1) grade level 1, $7,500; deleted text end

deleted text begin (2) grade level 2, $15,000; deleted text end

deleted text begin (3) grade level 3, $22,500; deleted text end

deleted text begin (4) grade level 4, $30,000; and deleted text end

deleted text begin (5) grade level 5, $37,500. deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end The deleted text begin principaldeleted text end new text begin maximum loannew text end amount deleted text begin of a SELF V or subsequent phase loandeleted text end to students enrolled in a bachelor's degree program, postbaccalaureate, or graduate program must deleted text begin not exceed $10,000 per grade leveldeleted text end new text begin be determined annually by the officenew text end . For all other eligible students, the principal amount of the loan must not exceed $7,500 per grade level. The aggregate principal amount of all loans made subject to this paragraph to a student as an undergraduate and graduate student must not exceed deleted text begin $70,000deleted text end new text begin $140,000new text end . The amount of the loan must not exceed the cost of attendancenew text begin as determined by the eligible institutionnew text end less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf. The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph deleted text begin (d)deleted text end new text begin (c)new text end .

deleted text begin (d)deleted text end new text begin (c)new text end (1) The cumulative borrowing maximums new text begin must be determined annually by the office new text end for deleted text begin SELF V loans and subsequent phases fordeleted text end students enrolled in a bachelor's degree program or postbaccalaureate program deleted text begin are:deleted text end new text begin . In determining the cumulative borrowing maximums, the office shall, among other considerations, take into consideration the maximum SELF loan amount, student financing needs, funding capacity for the SELF program, delinquency and default loss management, and current financial market conditions.new text end

deleted text begin (i) grade level 1, $10,000; deleted text end

deleted text begin (ii) grade level 2, $20,000; deleted text end

deleted text begin (iii) grade level 3, $30,000; deleted text end

deleted text begin (iv) grade level 4, $40,000; and deleted text end

deleted text begin (v) grade level 5, $50,000. deleted text end

deleted text begin (2) For graduate level students, the borrowing limit is $10,000 per nine-month academic year, with a cumulative maximum for all SELF debt of $70,000. deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end For all other eligible students, the cumulative borrowing maximums deleted text begin for SELF V loans and subsequent phasesdeleted text end are:

(i) grade level 1, $7,500;

(ii) grade level 2, $15,000;

(iii) grade level 3, $22,500;

(iv) grade level 4, $30,000; and

(v) grade level 5, $37,500.

Sec. 11.

Minnesota Statutes 2014, section 136A.61, is amended to read:

136A.61 POLICY.

The legislature has found and hereby declares that the availability of legitimate courses and programs leading to academic degrees offered by responsible private deleted text begin not-for-profitdeleted text end new text begin nonprofitnew text end and for-profit institutions of postsecondary education and the existence of legitimate private colleges and universities are in the best interests of the people of this state. The legislature has found and declares that the state can provide assistance and protection for persons choosing private institutions and programs, by establishing policies and procedures to assure the authenticity and legitimacy of private postsecondary education institutions and programs. The legislature has also found and declares that this same policy applies to any private and public postsecondary educational institution located in another state or country which offers or makes available to a Minnesota resident any course, program or educational activity which does not require the leaving of the state for its completion.

Sec. 12.

Minnesota Statutes 2014, section 136A.63, subdivision 2, is amended to read:

Subd. 2.

Sale of an institution.

Within 30 days of a change of its ownership a school must submit a registration renewal application, all usual and ordinary information and materials for an initial registration, and applicable registration fees for a new institution. For purposes of this subdivision, "change of ownership" means a merger or consolidation with a corporation; a sale, lease, exchange, or other disposition of all or substantially all of the assets of a school; the transfer of a controlling interest of at least 51 percent of the school's stock; or a change in the deleted text begin not-for-profitdeleted text end new text begin nonprofitnew text end or for-profit status of a school.

Sec. 13.

Minnesota Statutes 2014, section 136A.65, subdivision 4, is amended to read:

Subd. 4.

Criteria for approval.

(a) A school applying to be registered and to have its degree or degrees and name approved must substantially meet the following criteria:

(1) the school has an organizational framework with administrative and teaching personnel to provide the educational programs offered;

(2) the school has financial resources sufficient to meet the school's financial obligations, including refunding tuition and other charges consistent with its stated policy if the institution is dissolved, or if claims for refunds are made, to provide service to the students as promised, and to provide educational programs leading to degrees as offered;

(3) the school operates in conformity with generally accepted budgeting and accounting principles;

(4) the school provides an educational program leading to the degree it offers;

(5) the school provides appropriate and accessible library, laboratory, and other physical facilities to support the educational program offered;

(6) the school has a policy on freedom or limitation of expression and inquiry for faculty and students which is published or available on request;

(7) the school uses only publications and advertisements which are truthful and do not give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school, its personnel, programs, services, or occupational opportunities for its graduates for promotion and student recruitment;

(8) the school's compensated recruiting agents who are operating in Minnesota identify themselves as agents of the school when talking to or corresponding with students and prospective students; deleted text begin anddeleted text end

(9) the school provides information to students and prospective students concerning:

(i) comprehensive and accurate policies relating to student admission, evaluation, suspension, and dismissal;

(ii) clear and accurate policies relating to granting credit for prior education, training, and experience and for courses offered by the school;

(iii) current schedules of fees, charges for tuition, required supplies, student activities, housing, and all other standard charges;

(iv) policies regarding refunds and adjustments for withdrawal or modification of enrollment status; and

(v) procedures and standards used for selection of recipients and the terms of payment and repayment for any financial aid programdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (10) the school must not withhold a student's official transcript because the student is in arrears or in default on any loan issued by the school to the student if the loan qualifies as an institutional loan under United States Code, title 11, section 523(a)(8)(b). new text end

(b) An application for degree approval must also include:

(i) title of degree and formal recognition awarded;

(ii) location where such degree will be offered;

(iii) proposed implementation date of the degree;

(iv) admissions requirements for the degree;

(v) length of the degree;

(vi) projected enrollment for a period of five years;

(vii) the curriculum required for the degree, including course syllabi or outlines;

(viii) statement of academic and administrative mechanisms planned for monitoring the quality of the proposed degree;

(ix) statement of satisfaction of professional licensure criteria, if applicable;

(x) documentation of the availability of clinical, internship, externship, or practicum sites, if applicable; and

(xi) statement of how the degree fulfills the institution's mission and goals, complements existing degrees, and contributes to the school's viability.

Sec. 14.

Minnesota Statutes 2014, section 136A.65, subdivision 7, is amended to read:

Subd. 7.

Conditional approval.

The office may grant conditional approval for a degree or use of a term in its name for a period of less than one year if doing so would be in the best interests of currently enrolled students or prospective students. New schools may be granted conditional approval for degrees or names annually for a period not to exceed five years to allow them the opportunity to apply for and receive accreditation as required in subdivision 1a.new text begin A new school granted conditional approval may be allowed to continue as a registered institution in order to complete an accreditation process upon terms and conditions the office determines.new text end

Sec. 15.

Minnesota Statutes 2014, section 136A.657, subdivision 1, is amended to read:

Subdivision 1.

Exemption.

Any school or any department or branch of a school (a) which is substantially owned, operated or supported by a bona fide church or religious organization; (b) whose programs are primarily designed for, aimed at and attended by persons who sincerely hold or seek to learn the particular religious faith or beliefs of that church or religious organization; and (c) whose programs are primarily intended to prepare its students to become ministers of, to enter into some other vocation closely related to, or to conduct their lives in consonance with, the particular faith of that church or religious organization, is exempt from the provisions of sections 136A.61 to deleted text begin 136A.71deleted text end new text begin 136A.834new text end .

Sec. 16.

Minnesota Statutes 2014, section 136A.657, subdivision 3, is amended to read:

Subd. 3.

Scope.

Nothing in sections 136A.61 to deleted text begin 136A.71deleted text end new text begin 136A.834new text end , or the rules adopted pursuant thereto, shall be interpreted as permitting the office to determine the truth or falsity of any particular set of religious beliefs.

Sec. 17.

Minnesota Statutes 2014, section 136A.67, is amended to read:

136A.67 REGISTRATION REPRESENTATIONS.

No school and none of its officials or employees shall advertise or represent in any manner that such school is approved or accredited by the office or the state of Minnesota, except a school which is duly registered with the office, or any of its officials or employees, may represent in advertising and shall disclose in catalogues, applications, and enrollment materials that the school is registered with the office by prominently displaying the following statement: "(Name of school) is registered deleted text begin as a private institutiondeleted text end with the office pursuant to sections 136A.61 to 136A.71. Registration is not an endorsement of the institution. Credits earned at the institution may not transfer to all other institutions."new text begin In addition, all registered schools shall publish in the school catalog or student handbook the name, street address, telephone number, and Web site address of the office.new text end

Sec. 18.

Minnesota Statutes 2014, section 136A.87, is amended to read:

136A.87 PLANNING INFORMATION FOR POSTSECONDARY EDUCATION.

The office shall make available to all residents beginning in 7th grade through adulthood information about planning and preparing for postsecondary opportunities. Information must be provided to all 7th grade students and their parents annually by September 30 about planning for their postsecondary education. The office may also provide information to high school students and their parents, to adults, and to out-of-school youth. The information provided may include the following:

(1) the need to start planning early;

(2) the availability of assistance in educational planning from educational institutions and other organizations;

(3) suggestions for studying effectively during high school;

(4) high school courses necessary to be adequately prepared for postsecondary education;

(5) encouragement to involve parents actively in planning for all phases of education;

(6) information about postsecondary education and training opportunities existing in the state, their respective missions and expectations for students, their preparation requirements, admission requirements, and student placement;

(7) ways to evaluate and select postsecondary institutions;

(8) the process of transferring credits among Minnesota postsecondary institutions and systems;

(9) the costs of postsecondary education and the availability of financial assistance in meeting these costs, including specific information about the Minnesota Promise deleted text begin and achieve scholarship programdeleted text end ;

(10) the interrelationship of assistance from student financial aid, public assistance, and job training programs; and

(11) financial planning for postsecondary education.

Sec. 19.

Minnesota Statutes 2014, section 136G.05, subdivision 7, is amended to read:

Subd. 7.

Marketing.

The commissioner shall make parents and other interested individuals aware of the availability and advantages of the program as a way to save for higher education costs. deleted text begin The cost of these promotional efforts may not be funded with fees imposed on participants.deleted text end

Sec. 20.

Minnesota Statutes 2014, section 141.21, subdivision 5, is amended to read:

Subd. 5.

new text begin Private career new text end school.

"new text begin Private career new text end school" means deleted text begin anydeleted text end new text begin anew text end persondeleted text begin , within or outside the state,deleted text end who maintains, advertises, administers, solicits for, or conducts any program at less than an associate degree level deleted text begin anddeleted text end new text begin ;new text end is not registered as a private institution under sections 136A.61 to 136A.71new text begin ;new text end and is not specifically exempted by section 141.35 deleted text begin or 141.37deleted text end . deleted text begin School also means any person, within or outside the state, who maintains, advertises, administers, solicits for, or conducts any program at less than an associate degree level, is not registered as a private institution pursuant to sections 136A.61 to 136A.71, and uses the term, "college," "institute," "academy," or "university" in its name.deleted text end

Sec. 21.

Minnesota Statutes 2014, section 141.21, subdivision 6a, is amended to read:

Subd. 6a.

Multiple location.

"Multiple location" means any site where classes or administrative services are provided to students and deleted text begin whichdeleted text end new text begin thatnew text end has a street address that is different than the street address found on the deleted text begin school'sdeleted text end private career deleted text begin schooldeleted text end new text begin school'snew text end license.

Sec. 22.

Minnesota Statutes 2014, section 141.21, subdivision 9, is amended to read:

Subd. 9.

Distance educationnew text begin private careernew text end school.

"Distance educationnew text begin private careernew text end school" means a school that establishes, keeps, or maintains a facility or location where a program is offered through distance instruction.

Sec. 23.

Minnesota Statutes 2014, section 141.25, is amended to read:

141.25 LICENSURE.

Subdivision 1.

Required.

Anew text begin private careernew text end school must not maintain, advertise, solicit for, administer, or conduct any program in Minnesota without first obtaining a license from the office.

Subd. 2.

Contract unenforceable.

A contract entered into with a person for a program by or on behalf of a person operating anew text begin private careernew text end school to which a license has not been issued under sections 141.21 to 141.35, is unenforceable in any action.

Subd. 2a.

Refunds.

If a contract is deemed unenforceable under subdivision 2, a new text begin private careernew text end school must refund tuition, fees, and other charges received from a student or on behalf of a student within 30 days of receiving written notification and demand for refund from the deleted text begin Minnesotadeleted text end office deleted text begin of Higher Educationdeleted text end .

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 thenew text begin private careernew text end 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 thenew text begin private career new text end 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 thenew text begin private careernew text end school files with the office a surety bond equal to at least $250,000 as described in subdivision 5.

Subd. 4.

Certification.

Each application shall be signed and certified to under oath by the proprietor if the applicant is a proprietorship, by the managing partner if the applicant is a partnership, or by the authorized officers of the applicant if the applicant is a corporation, association, company, firm, society or trust.

Subd. 5.

Bond.

(a) No license shall be issued to anynew text begin private careernew text end 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)(1) 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 $250,000, except that anew text begin private careernew text end school may deposit a greater amount at its own discretion. Anew text begin private careernew text end 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 thenew text begin private careernew text end school maintains a surety bond equal to at least $250,000. Anew text begin private careernew text end 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 anew text begin private careernew text end school having a license for the sole purpose of recruiting students in Minnesota shall be only that paid to thenew text begin private careernew text end school by the students recruited from Minnesota.

(2) A deleted text begin schooldeleted text end new text begin personnew text end required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name and which is also licensed by another state agency or board shall be required to provide a school bond of $10,000.

(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 thenew text begin private careernew text end 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 management and budget a sum equal to the amount of the required surety bond in cash,new text begin an irrevocable letter of credit issued by a financial institution equal to the amount of the required surety bond,new text end 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 anew text begin private careernew text end school to post and maintain the required surety bond or deposit under paragraph (d) shall result in denial, suspension, or revocation of the school's license.

Subd. 6.

Resident agent.

new text begin Private career new text end schools located outside the state of Minnesota that offer, advertise, solicit for, or conduct any program within the state of Minnesota shall first file with the secretary of state a sworn statement designating a resident agent authorized to receive service of process. The statement shall designate the secretary of state as resident agent for service of process in the absence of a designated agent. If a new text begin private career new text end school fails to file the statement, the secretary of state is designated as the resident agent authorized to receive service of process. The authorization shall be irrevocable as to causes of action arising out of transactions occurring prior to the filing of written notice of withdrawal from the state of Minnesota filed with the secretary of state.

Subd. 7.

Minimum standards.

A license shall be issued if the office first determines:

(1) that the applicant has a sound financial condition with sufficient resources available to:

(i) meet thenew text begin private careernew text end school's financial obligations;

(ii) refund all tuition and other charges, within a reasonable period of time, in the event of dissolution of thenew text begin private careernew text end school or in the event of any justifiable claims for refund against thenew text begin private careernew text end school by the student body;

(iii) provide adequate service to its students and prospective students; and

(iv) maintain and support thenew text begin private careernew text end school;

(2) that the applicant has satisfactory facilities with sufficient tools and equipment and the necessary number of work stations to prepare adequately the students currently enrolled, and those proposed to be enrolled;

(3) that the applicant employs a sufficient number of qualified teaching personnel to provide the educational programs contemplated;

(4) that thenew text begin private careernew text end school has an organizational framework with administrative and instructional personnel to provide the programs and services it intends to offer;

deleted text begin (5) that the premises and conditions under which the students work and study are sanitary, healthful, and safe; deleted text end

deleted text begin (6)deleted text end new text begin (5)new text end that the quality and content of each occupational course or program of study provides education and adequate preparation to enrolled students for entry level positions in the occupation for which prepared;

deleted text begin (7)deleted text end new text begin (6)new text end that thenew text begin premises and conditions where the students work and study and the studentnew text end living quarters which are owned, maintained, recommended, or approved by the applicant deleted text begin for studentsdeleted text end are sanitarynew text begin , healthful,new text end and safenew text begin , as evidenced by certificate of occupancy issued by the municipality or county where the private career school is physically situated, a fire inspection by the local or state fire marshal, or another verification deemed acceptable by the officenew text end ;

deleted text begin (8)deleted text end new text begin (7)new text end that the contract or enrollment agreement used by the new text begin private career new text end school complies with the provisions in section 141.265;

deleted text begin (9)deleted text end new text begin (8)new text end that contracts and agreements do not contain a wage assignment provision or a confession of judgment clause; and

deleted text begin (10)deleted text end new text begin (9)new text end that there has been no adjudication of fraud or misrepresentation in any criminal, civil, or administrative proceeding in any jurisdiction against the new text begin private career new text end school or its owner, officers, agents, or sponsoring organization.

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 as provided in section 141.255 that is sufficient to recover, but not exceed, 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.

Subd. 9.

Catalog, brochure, or electronic display.

Before a license is issued to anew text begin private careernew text end school, thenew text begin private careernew text end 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 thenew text begin private careernew text end school and its governing body and officials;

(3) a calendar of thenew text begin private careernew text end school showing legal holidays, beginning and ending dates of each course quarter, term, or semester, and other important dates;

(4) thenew text begin private careernew text end school policy and regulations on enrollment including dates and specific entrance requirements for each program;

(5) thenew text begin private careernew text end school policy and regulations about leave, absences, class cuts, make-up work, tardiness, and interruptions for unsatisfactory attendance;

(6) thenew text begin private careernew text end school policy and regulations about standards of progress for the student including the grading system of thenew text begin private careernew text end school, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a description of any probationary period allowed by thenew text begin private careernew text end school, and conditions of reentrance for those dismissed for unsatisfactory progress;

(7) thenew text begin private careernew text end 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) thenew text begin private careernew text end 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) thenew text begin private careernew text end school policy and regulations about granting credit for previous education and preparation;

(13) a notice to students relating to the transferability of any credits earned at the new text begin private careernew text end school to other institutions;

(14) a procedure for investigating and resolving student complaints; and

(15) the name and address of the deleted text begin Minnesotadeleted text end office deleted text begin of Higher Educationdeleted text end .

Anew text begin private careernew text end school that is exclusively a distance education school is exempt from clauses (3) and (5).

Subd. 10.

Placement records.

(a) Before a license is reissued to anew text begin private career new text end school that offers, advertises or implies a placement service, thenew text begin private careernew text end school shall file with the office for the past year and thereafter at reasonable intervals determined by the office, a certified copy of thenew text begin private careernew text end school's placement record, containing a list of graduates, a description of their jobs, names of their employers, and other information as the office may prescribe.

(b) Eachnew text begin private careernew text end school that offers a placement service shall furnish to each prospective student, upon request, prior to enrollment, written information concerning the percentage of the previous year's graduates who were placed in the occupation for which prepared or in related employment.

Subd. 12.

Permanent records.

Anew text begin private careernew text end 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. Anew text begin private careernew text end 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, anew text begin private career new text end 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 thenew text begin private careernew text end 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 thenew text begin private careernew text end school has no binding agreement approved by the office, for preserving student records. The bond shall run to the state of Minnesota.

Subd. 13.

new text begin Private career new text end schools licensed by another state agency or board.

A new text begin private career new text end school required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name or licensed for the purpose of participating in state financial aid under chapter 136A, and which is also licensed by another state agency or board shall be required to satisfy only the requirements of subdivisions 3, clauses (1), (2), (3), (5), (7), and (10); 4; 5, paragraph (b), clause (2); 7, clauses (1) and (10); 8; 9, clause (13); and 12.new text begin A distance education school located in another state, or a school licensed to recruit Minnesota residents for attendance at a school outside of this state, or a school licensed by another state agency as its primary licensing body, may continue to use the school's name as permitted by its home state or its primary licensing body.new text end

Sec. 24.

Minnesota Statutes 2014, section 141.251, subdivision 2, is amended to read:

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 thenew text begin private careernew text end school. Anew text begin private careernew text end 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. Anew text begin private careernew text end 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 anew text begin private careernew text end 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: 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. new text begin Private career new text end 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. 25.

Minnesota Statutes 2014, section 141.255, is amended to read:

141.255 FEES.

Subdivision 1.

Initial licensure fee.

The office processing fee for an initial licensure application is:

(1) $2,500 for anew text begin private careernew text end school that will offer no more than one program during its first year of operation;

(2) $750 for anew text begin private careernew text end school licensed exclusively due to the use of the term "college," "university," "academy," or "institute" in its name, or licensed exclusively in order to participate in state grant or SELF loan financial aid programs; and

(3) $2,500, plus $500 for each additional program offered by thenew text begin private career new text end school, for anew text begin private careernew text end school 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 anew text begin private careernew text end school that offers one program, the license renewal fee is $1,150;

(2) for anew text begin private careernew text end school that offers more than one program, the license renewal fee is $1,150, plus $200 for each additional program with a maximum renewal licensing fee of $2,000;

(3) for anew text begin private careernew text end school licensed exclusively due to the use of the term "college," "university," "academy," or "institute" in its name, the license renewal fee is $750; and

(4) for anew text begin private careernew text end school licensed by another state agency and also licensed with the office exclusively in order to participate in state student aid programs, the license renewal fee is $750.

(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, not to exceed $3,000, shall be assessed.

Subd. 4.

Program addition fee.

The office processing fee for adding a program to those that are currently offered by thenew text begin private careernew text end 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) $400 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.

new text begin Private career new text end schools wishing to operate at multiple locations must pay:

(1) $250 per location, for locations two to five; and

(2) an additional $100 for each location over five.

Subd. 9.

Student transcript fee.

The fee for a student transcript requested from a closednew text begin private careernew text end school whose records are held by the office is $15, with a maximum of five transcripts per request.

Subd. 10.

Public office documents; copies.

The rate for copies of any public office document shall be 50 cents per page.

Sec. 26.

Minnesota Statutes 2014, section 141.26, is amended to read:

141.26 PERMITS FOR SOLICITORS.

Subdivision 1.

Required.

A solicitor representing anew text begin private careernew text end school must obtain a solicitor's permit from the office before soliciting students to enroll in deleted text begin suchdeleted text end new text begin the private careernew text end school. Such permit shall expire one year following the date of issuance. Application for renewal of permit shall be made annually.

Subd. 2.

Application for permit.

(a) The application for the permit shall state the full name, address, previous employment, and such other information concerning the solicitor applicant as the office may require.

(b) The application shall have attached to it a certified affidavit signed by a new text begin private career new text end school official and the solicitor attesting to the fact that the applicant has been furnished a copy, has read and has knowledge of the provisions of this chapter and Minnesota Rules.

Subd. 3.

Refusal of permit.

No permit shall be issued to any solicitor unless such solicitor files with the office a continuous corporate surety bond in the sum of $2,000 conditioned upon the faithful performance of all contracts and agreements with the students made by the solicitor. Such bonds shall run to the state of Minnesota and to any person who may have 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 solicitor with any student. The aggregate liability of the surety for all breaches of the conditions of the bond shall not exceed the principal sum of $2,000. The surety of any such 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. In lieu of bond, the solicitor may deposit with the commissioner of management and budget the sum of $2,000.

Subd. 4.

Additional permits.

A solicitor representing more than onenew text begin private career new text end school must obtain a separate permit for eachnew text begin private careernew text end school represented; however when a solicitor representsnew text begin private careernew text end schools having a common ownership, only one permit shall be required.

Subd. 5.

Fee.

The initial and renewal application for each permit shall be accompanied by a nonrefundable fee under section 141.255.

Subd. 6.

Contract; validity.

Any contract entered into by a solicitor for a licensed new text begin private careernew text end school shall be unenforceable in any action brought thereon if the solicitor does not hold a valid permit as required by this section.

Sec. 27.

Minnesota Statutes 2014, section 141.265, is amended to read:

141.265 INFORMATION TO STUDENTS.

Subdivision 1.

Catalog, brochure, or electronic display.

Anew text begin private careernew text end school or its agent must provide the catalog, brochure, or electronic display required in section 141.25, subdivision 9, to a prospective student in a time or manner that gives the prospective student at least five days to read the catalog, brochure, or electronic display before signing a contract or enrollment agreement or before being accepted by anew text begin private careernew text end school that does not use a written contract or enrollment agreement.

Subd. 2.

Contract information.

A contract or enrollment agreement used by a new text begin private careernew text end school must include at least the following:

(1) the name and address of thenew text begin private careernew text end school, clearly stated;

(2) a clear and conspicuous disclosure that the agreement is a legally binding instrument upon written acceptance of the student by thenew text begin private careernew text end school unless canceled under section 141.271;

(3) thenew text begin private careernew text end school's cancellation and refund policy that shall be clearly and conspicuously entitled "Buyer's Right to Cancel";

(4) a clear statement of total cost of the program including tuition and all other charges;

(5) the name and description of the program, including the number of hours or credits of classroom instruction, or distance instruction, that shall be included; and

(6) a clear and conspicuous explanation of the form and means of notice the student should use in the event the student elects to cancel the contract or sale, the effective date of cancellation, and the name and address of the seller to which the notice should be sent or delivered.

The contract or enrollment agreement must not include a wage assignment provision or a confession of judgment clause.

Subd. 3.

Contract copies.

Immediately upon signing of the enrollment agreement or the contract by a prospective student, thenew text begin private careernew text end school or agent shall furnish to the prospective student an exact duplicate copy of the enrollment agreement or contract.

Sec. 28.

Minnesota Statutes 2014, section 141.271, subdivision 1a, is amended to read:

Subd. 1a.

Notice; right to refund.

Everynew text begin private careernew text end school shall notify each student, in writing, of acceptance or rejection. In the event that the student is rejected by thenew text begin private careernew text end school, all tuition, fees and other charges shall be refunded.

Sec. 29.

Minnesota Statutes 2014, section 141.271, subdivision 1b, is amended to read:

Subd. 1b.

Short-term programs.

Licensednew text begin private careernew text end 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 thenew text begin private careernew text end school catalog or advertisements and the number of hours attended by the student.

Sec. 30.

Minnesota Statutes 2014, section 141.271, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Schools not using written contractsdeleted text end new text begin Notice; amountnew text end .

(a) deleted text begin Notwithstanding anything to the contrary,deleted text end Anew text begin private careernew text end school deleted text begin that does not use a written contract or enrollment agreementdeleted text end shall refund all tuition, fees and other charges paid by a student if the student gives written notice of cancellation within five business days after the day on which the student is accepted by thenew text begin private careernew text end school regardless of whether the program has started.

(b) When a student has been accepted by thenew text begin private careernew text end school and gives written notice of cancellation following the fifth business day after the day of acceptance by the new text begin private careernew text end school, but before the start of the program, in the case of residentnew text begin private careernew text end schools, or before the first lesson has been serviced by thenew text begin private careernew text end school, in the case of distance education schools, all tuition, fees and other charges, except 15 percent of the total cost of the program but not to exceed $50, shall be refunded to the student.

Sec. 31.

Minnesota Statutes 2014, section 141.271, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Distance education schoolsdeleted text end new text begin Prorationnew text end .

When a student has been accepted by a deleted text begin distance educationdeleted text end new text begin private careernew text end school and gives written notice of cancellation after the deleted text begin first lesson has been completed by the student and serviced by the schooldeleted text end new text begin program of instruction has begunnew text end , but before completion of 75 percent of the program, the amount charged for tuition, fees and all other charges deleted text begin for the completed lessonsdeleted text end shall be prorated new text begin based on the number of days in the termnew text end as a portion of the total charges for tuition, fees and all other charges. An additional 25 percent of the total cost of the program may be added but shall not exceed deleted text begin $75deleted text end new text begin $100new text end . After completion of 75 percent of the program, no refunds are required.

Sec. 32.

Minnesota Statutes 2014, 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 new text begin private career new text end 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. 33.

Minnesota Statutes 2014, section 141.271, subdivision 8, is amended to read:

Subd. 8.

Time of refund.

Each new text begin private career new text end school shall acknowledge in writing any valid notice of cancellation within ten business days after the receipt of such notice and within 30 business days shall refund to the student any amounts due and arrange for termination of the student's obligation to pay any sum in excess of that due under the cancellation and refund policy.

Sec. 34.

Minnesota Statutes 2014, section 141.271, subdivision 9, is amended to read:

Subd. 9.

Limitation.

A new text begin private career new text end school cannot make its refund policy conditional upon compliance with the school's regulations or rules of conduct.

Sec. 35.

Minnesota Statutes 2014, 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 new text begin private career new text end school. If a student has not attended class for a period of 21 consecutive days without contacting the new text begin private career new text end school to indicate an intent to continue in school or otherwise making arrangements concerning the absence, the student is considered to have withdrawn from school for all purposes as of the student's last documented date of attendance.

Sec. 36.

Minnesota Statutes 2014, section 141.271, subdivision 12, is amended to read:

Subd. 12.

Instrument not to be negotiated.

A new text begin private career new text end school shall not negotiate any promissory instrument received as payment of tuition or other charge prior to completion of 50 percent of the program, except that prior to that time, instruments may be transferred by assignment to purchasers who shall be subject to all defenses available against the new text begin private career new text end school named as payee.

Sec. 37.

Minnesota Statutes 2014, section 141.271, subdivision 13, is amended to read:

Subd. 13.

Cancellation of enrollment.

If a student's enrollment in a new text begin private career new text end school is canceled for any reason, the new text begin private career new text end school shall notify any agency known to the new text begin private career new text end school to be providing financial aid to the student of the cancellation within 30 days.

Sec. 38.

Minnesota Statutes 2014, section 141.271, subdivision 14, is amended to read:

Subd. 14.

Closed new text begin private career new text end school.

In the event a new text begin private career new text end 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. 39.

Minnesota Statutes 2014, section 141.28, is amended to read:

141.28 PROHIBITIONS.

Subdivision 1.

Disclosure required; advertisement restricted.

new text begin Private career new text end schools, agents of new text begin private career new text end schools, and solicitors may not advertise or represent in writing or orally that thenew text begin private careernew text end school is approved or accredited by the state of Minnesota, except that anynew text begin private careernew text end school, agent, or solicitor may represent in advertisements and shall disclose in catalogues, applications, and enrollment materials that thenew text begin private careernew text end school is duly licensed by the state by prominently displaying the following statement:

"(Name ofnew text begin private careernew text end school) is licensed as a private career school with the Minnesota Office of Higher Education pursuant to Minnesota Statutes, sections 141.21 to 141.32. Licensure is not an endorsement of the institution. Credits earned at the institution may not transfer to all other institutions."

Subd. 2.

Unlawful designation.

Nonew text begin private careernew text end school organized after November 15, 1969, shall apply to itself either as a part of its name or in any other manner the designation of "college" or "university." Operating new text begin private career new text end schools now using such designation may continue use thereof.

Subd. 3.

False statements.

Anew text begin private careernew text end school, agent, or solicitor shall not make, or cause to be made, any statement or representation, oral, written or visual, in connection with the offering or publicizing of a program, if thenew text begin private careernew text end school, agent, or solicitor knows or reasonably should have known the statement or representation to be false, fraudulent, deceptive, substantially inaccurate, or misleading.

Subd. 4.

Acceptance of contracts.

Nonew text begin private careernew text end school shall accept contracts, enrollment agreements or enrollment applications from an agent or solicitor who does not have a current permit.

Subd. 5.

Improbable program completion or employment.

Anew text begin private career new text end school, agent, or solicitor shall not enroll a prospective student when it is obvious that the prospective student is unlikely to successfully complete a program or is unlikely to qualify for employment in the vocation or field for which the preparation is designed unless this fact is affirmatively disclosed to the prospective student. If a prospective student expresses a desire to enroll after such disclosure, a disclaimer may be obtained by thenew text begin private career new text end school. The disclaimer shall be signed by the student and shall state substantially one or both of the following: "I am fully aware that it is unlikely I will be able to successfully complete the program" and "I am fully aware of the improbability or impossibility that I will qualify for employment in the vocation or field for which the program was designed."

Subd. 6.

Financial aid payments.

(a) Allnew text begin private careernew text end 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) Nonew text begin private careernew text end 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).

new text begin (g) No school may withhold an official transcript for arrears or default on any loan made by the school to a student if the loan qualifies as an institutional loan under United States Code, title 11, section 523(a)(8)(b). new text end

Sec. 40.

Minnesota Statutes 2014, section 141.29, is amended to read:

141.29 REVOCATION OF LICENSE OR PERMIT.

Subdivision 1.

Grounds.

The office may, after notice and upon providing an opportunity for a hearing, under chapter 14 if requested by the parties adversely affected, refuse to issue, refuse to renew, revoke, or suspend a license or solicitor's permit for any of the following grounds:

(1) violation of any provisions of sections 141.21 to 141.35 or any rule adopted by the office;

(2) furnishing to the office false, misleading, or incomplete information;

(3) presenting to prospective students information relating to thenew text begin private career new text end school that is false, fraudulent, deceptive, substantially inaccurate, or misleading;

(4) refusal to allow reasonable inspection or supply reasonable information after written request by the office;

(5) the existence of any circumstance that would be grounds for the refusal of an initial or renewal license under section 141.25.

Subd. 2.

Appeal.

Any order refusing, revoking, or suspending anew text begin private career new text end school's license or a solicitor's permit is appealable in accordance with chapter 14. Where anew text begin private careernew text end school has been operating and its license has been revoked, suspended, or refused by the office, the order is not effective until the final determination of the appeal unless immediate effect is ordered by the court.

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 conditionalnew text begin private careernew text end 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 issuenew text begin private careernew text end 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 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 thenew text begin private career new text end school is in compliance with the provisions of this chapter, no further action leading to refusal, revocation, or suspension shall be taken.

Sec. 41.

Minnesota Statutes 2014, 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 anynew text begin private careernew text end 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 thenew text begin private careernew text end school. In no event shall such financial information be used by the office to regulate or set the tuition or fees charged by thenew text begin private careernew text end school.

(b) Data obtained from an inspection of the financial records of anew text begin private career new text end 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. 42.

Minnesota Statutes 2014, section 141.32, is amended to read:

141.32 PENALTY.

The commissioner may assess fines for violations of deleted text begin a provision of this chapter deleted text end new text begin sections 141.21 to 141.37new text end . Each day's failure to comply with deleted text begin this chapterdeleted text end new text begin sections 141.21 to 141.37new text end shall be a separate violation and fines shall not exceed $500 per day per violation. Amounts received under this section must be deposited in the special revenue fund and are appropriated to the office deleted text begin of Higher Educationdeleted text end for the purposes of deleted text begin this chapterdeleted text end new text begin sections 141.21 to 141.37new text end .

Sec. 43.

Minnesota Statutes 2014, section 141.35, is amended to read:

141.35 EXEMPTIONS.

Sections 141.21 to 141.32 shall not apply to the following:

(1) public postsecondary institutions;

(2) postsecondary institutions registered under sections 136A.61 to 136A.71;

(3)new text begin private careernew text end 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)new text begin private careernew text end schools exclusively engaged in training physically or mentally disabled persons for the state of Minnesota;

(7)new text begin private careernew text end schools licensed by boards authorized under Minnesota law to issue licenses exceptnew text begin private careernew text end schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;

(8)new text begin private careernew text end 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)new text begin private careernew text end schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects as determined by the office exceptnew text begin private careernew text end schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names unless the school used "academy" or "institute" in its name prior to August 1, 2008;

(10) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;

(11) 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;

(12) 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 exclusively to an individual practicing the profession;

(13) classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing and occupational entrance examinations;

(14) 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 except new text begin private careernew text end schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;

(15) classes, courses, or programs providing instruction in personal development, modeling, or acting;

(16) 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;

(17)new text begin private careernew text end 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; and

(18)new text begin private careernew text end schools providing exclusively training, instructional programs, or courses where tuition, fees, and any other charges for a student to participate do not exceed $100.

Sec. 44.

Minnesota Statutes 2014, section 197.75, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of veterans affairs.

(c) "Deceased veteran" means a veteran who has died as a result of the person's military service, as determined by the United States Veterans Administration, and who was a resident of this state: (1) within six months of entering the United States armed forces, or (2) for the six months preceding the veteran's date of death.

(d) "Eligible child" means a person who:

(1) is the natural or adopted child or stepchild of a deceased veteran; and

(2) is a student making satisfactory academic progress at an eligible institution of higher education.

(e) "Eligible institution" means a postsecondary educational institution located in this state that either deleted text begin (1)deleted text end is operated by this statenew text begin or the Board of Regents of the University of Minnesotanew text end , or deleted text begin (2) is operated publicly or privately and, as determined by the office, maintains academic standards substantially equivalent to those of comparable institutions operated in this statedeleted text end new text begin is licensed or registered with the Office of Higher Educationnew text end .

(f) "Eligible spouse" means the surviving spouse of a deceased veteran.

(g) "Eligible veteran" means a veteran who:

(1) is a student making satisfactory academic progress at an eligible institution of higher education;

(2) had Minnesota as the person's state of residence at the time of the person's enlistment or any reenlistment into the United States armed forces, as shown by the person's federal form DD-214 or other official documentation to the satisfaction of the commissioner;

(3) except for benefits under this section, has no remaining military or veteran-related educational assistance benefits for which the person may have been entitled; and

(4) while using the educational assistance authorized in this section, remains a resident student as defined in section 136A.101, subdivision 8.

(h) "Satisfactory academic progress" has the meaning given in section 136A.101, subdivision 10.

(i) "Student" has the meaning given in section 136A.101, subdivision 7.

(j) "Veteran" has the meaning given in section 197.447.

Sec. 45.

Minnesota Statutes 2014, section 261.23, is amended to read:

261.23 COSTS OF HOSPITALIZATION.

The costs of hospitalization of such indigent persons exclusive of medical and surgical care and treatment shall not exceed in amount the full rates fixed and charged by the Minnesota general hospital deleted text begin under the provisions of sections 158.01 to 158.11deleted text end for the hospitalization of such indigent patients. For indigent persons hospitalized pursuant to sections 261.21 to 261.232, the state shall pay 90 percent of the cost allowable under the general assistance medical care program and ten percent of the allowable cost of hospitalization shall be paid by the county of the residence of the indigent persons at the times provided for in the contract; and in case of an injury or emergency requiring immediate surgical or medical treatment, for a period not to exceed 72 hours, 90 percent of the cost allowable under the general assistance medical care program shall be paid by the state and ten percent of the cost shall be paid by the county from which the patient, if indigent, is certified. State payments for services rendered pursuant to this section shall be ratably reduced to the same extent and during the same time period as payments are reduced under section 256D.03, subdivision 4, paragraph (c). If the county of residence of the patient is not the county in which the patient has legal settlement for the purposes of poor relief, then the county of residence may seek reimbursement from the county in which the patient has settlement for the purposes of poor relief for all costs it has necessarily incurred and paid in connection with the hospitalization of said patient.

Sec. 46.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin (a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in Column A to the references listed in Column B. The revisor shall also make necessary cross-reference, grammatical, or terminology changes in Minnesota Statutes and Minnesota Rules consistent with the renumbering, including changing the word "school" to "private career school" wherever the word appears in sections 141.20 to 141.37. new text end

new text begin Column A new text end new text begin Column B new text end
new text begin 141.20 new text end new text begin 136A.82 new text end
new text begin 141.21 new text end new text begin 136A.821 new text end
new text begin 141.25 new text end new text begin 136A.822 new text end
new text begin 141.251 new text end new text begin 136A.823 new text end
new text begin 141.255 new text end new text begin 136A.824 new text end
new text begin 141.26 new text end new text begin 136A.825 new text end
new text begin 141.265 new text end new text begin 136A.826 new text end
new text begin 141.271 new text end new text begin 136A.827 new text end
new text begin 141.28 new text end new text begin 136A.828 new text end
new text begin 141.29 new text end new text begin 136A.829 new text end
new text begin 141.30 new text end new text begin 136A.83 new text end
new text begin 141.31 new text end new text begin 136A.831 new text end
new text begin 141.32 new text end new text begin 136A.832 new text end
new text begin 141.35 new text end new text begin 136A.833 new text end
new text begin 141.37 new text end new text begin 136A.834 new text end

new text begin (b) The revisor of statutes shall make any necessary cross-reference change in Minnesota Statutes or Minnesota Rules resulting from repealers in this act. new text end

Sec. 47.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2014, sections 136A.127, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, 9b, 10, 10a, 11, and 14; 136A.862; 141.271, subdivisions 4 and 6; 158.01; 158.02; 158.03; 158.04; 158.05; 158.06; 158.07; 158.08; 158.09; 158.091; 158.10; 158.11; and 158.12, new text end new text begin are repealed. new text end

ARTICLE 3

HIGHER EDUCATION POLICY

Section 1.

Minnesota Statutes 2014, section 5.41, subdivision 2, is amended to read:

Subd. 2.

Report.

(a) A postsecondary institution must file by November 1 of each year a report on its programs with the secretary of state. The report must contain the following information from the previous academic year, including summer terms:

(1) deaths of program participants that occurred during program participation as a result of program participation; deleted text begin anddeleted text end

(2) accidents and illnesses that occurred during program participation as a result of program participation and that required hospitalizationnew text begin ; andnew text end

new text begin (3) country, primary program host, and program type for all incidents reported in clauses (1) and (2)new text end .

new text begin For purposes of this paragraph, "primary program host" is the institution or organization responsible for or in control of the majority of decisions being made on the program including, but not limited to, student housing, local transportation, and emergency response and support. new text end

Information reported under clause (1) may be supplemented by a brief explanatory statement.

(b) new text begin A postsecondary institution must request, but not mandate, hospitalization and incident disclosure from students upon completion of the program.new text end

new text begin (c) new text end A postsecondary institution must report to the secretary of state annually by November 1 whether its program complies with health and safety standards set by the Forum on Education Abroad or a similar study abroad program standard setting agency.

Sec. 2.

Minnesota Statutes 2014, section 5.41, subdivision 3, is amended to read:

Subd. 3.

Secretary of state; publication of program information.

(a) The secretary of state must publish the reports required by subdivision 2 on its Web site in a format that facilitates identifying information related to a particular postsecondary institution.

(b) The secretary of state shall publish on its Web site deleted text begin the best available information by countrydeleted text end new text begin links to the United States Department of State's Consular Information Program which informs the public of conditions abroad that may affect their safety and security. The secretary of state shall also publish links to the publicly available reports new text end on sexual assaults and other criminal acts affecting study abroad program participants during program participation. This information shall not be limited to programs subject to this section.

Sec. 3.

Minnesota Statutes 2014, section 124D.09, is amended by adding a subdivision to read:

new text begin Subd. 10a. new text end

new text begin Concurrent enrollment participant survey. new text end

new text begin (a) Postsecondary institutions offering courses taught by the secondary teacher according to subdivision 10, and are members in the National Alliance of Concurrent Enrollment Partnerships (NACEP), must report all required NACEP evaluative survey results by September 1 of each year to the commissioners of the Office of Higher Education and the Department of Education. The commissioners must report by December 1 of each year to the committees of the legislature having jurisdiction over early education through grade 12 education. new text end

new text begin (b) Postsecondary institutions that have not adopted and implemented the NACEP program standards and required evidence for accreditation, are required to conduct an annual survey of concurrent enrolled students who successfully completed the course who are one year out of high school, beginning with the high school graduating class of 2016. By September 1 of each year, the postsecondary institutions must report the evaluative survey results to the commissioners of the Office of Higher Education and the Department of Education. The commissioner must report by December 1 of each year to the committees of the legislature having jurisdiction over early education through grade 12 education. The survey must include, at a minimum, the following student information: new text end

new text begin (1) the participant's future education plans, including the highest degree or certification planned; new text end

new text begin (2) whether the participant is enrolled or plans to enroll in a Minnesota postsecondary institution, either public or private; new text end

new text begin (3) the number of credits accepted or denied by postsecondary institutions; new text end

new text begin (4) the college or university attended; new text end

new text begin (5) the participant's satisfaction level with the concurrent enrollment program; new text end

new text begin (6) the participant's demographics, such as gender, parent education level, qualification for free or reduced-price lunch in high school, Pell grant qualification and ethnicity; and new text end

new text begin (7) a place for participants to provide comments. new text end

Sec. 4.

Minnesota Statutes 2014, section 124D.09, is amended by adding a subdivision to read:

new text begin Subd. 10b. new text end

new text begin Concurrent Enrollment Advisory Board; membership; duties. new text end

new text begin (a) A postsecondary institution offering courses taught by the secondary teacher according to subdivision 10, must establish an advisory board. The purpose of the advisory board is to engage stakeholders in concurrent enrollment decisions. The duties of the board must include the following: new text end

new text begin (1) providing strategic advice and input relating to concurrent enrollment issues; new text end

new text begin (2) recommend and review proposals for concurrent enrollment course offerings; new text end

new text begin (3) serve as a coordinating entity between secondary education and postsecondary institutions; and new text end

new text begin (4) increase the understanding and collaboration among concurrent enrollment partners, stakeholders, the legislature, and the public. new text end

new text begin (b) The advisory board at each institution must consist of 16 members in addition to a concurrent enrollment faculty coordinator who shall serve as the chair and convene the meetings. A postsecondary institution may elect to have an advisory board of less than 16 members if the institution determines that the extent of its concurrent program warrants a smaller board. Except for the original members, advisory board members must serve three-year staggered terms. Advisory board members, appointed by the postsecondary institution, must be balanced based on geography, school size, and include, if practical, representatives from the following: new text end

new text begin (1) postsecondary faculty members; new text end

new text begin (2) school superintendents; new text end

new text begin (3) high school principals; new text end

new text begin (4) concurrent enrollment teachers; new text end

new text begin (5) high school counselors; new text end

new text begin (6) charter school administrators; new text end

new text begin (7) school board members; new text end

new text begin (8) secondary academic administrators; new text end

new text begin (9) parents; and new text end

new text begin (10) other local organizations. new text end

new text begin (c) Members of the board serve without compensation. new text end

new text begin (d) The board shall report to the postsecondary institution periodically as requested by the postsecondary institution to provide advice and proposals described in paragraph (a). new text end

new text begin (e) The postsecondary institution shall provide administrative services and meeting space for the board to do its work. new text end

new text begin (f) A board established under this section expires when the postsecondary institution no longer offers concurrent enrollment course offerings. new text end

new text begin (g) The postsecondary institution shall appoint the first members to the advisory board by October 31, 2015, or by October 15 following the year it establishes a concurrent enrollment program. The postsecondary institution shall designate the terms of the first members so that an approximately equal number serve terms of two, three, and four years. new text end

Sec. 5.

Minnesota Statutes 2014, section 124D.091, subdivision 1, is amended to read:

Subdivision 1.

Accreditation.

To establish a uniform standard by which concurrent enrollment courses and professional development activities may be measured, postsecondary institutions deleted text begin are encouraged to apply for accreditation bydeleted text end new text begin must adopt and implement new text end the National Alliance of Concurrent Enrollment deleted text begin Partnershipdeleted text end new text begin Partnership's program standards and required evidence for accreditation by the 2020-2021 school year and laternew text end .

Sec. 6.

new text begin [135A.012] HIGHER EDUCATION ATTAINMENT GOAL. new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section sets a goal for postsecondary education attainment for Minnesota residents. new text end

new text begin Subd. 2. new text end

new text begin Postsecondary credentials. new text end

new text begin The number of Minnesota residents ages 25 to 44 years, who hold postsecondary degrees or certificates, should be increased to at least 70 percent by 2025. new text end

new text begin Subd. 3. new text end

new text begin Rights not created. new text end

new text begin The attainment goal in this section is not to the exclusion of any other goals and does not confer a right or create a claim for any person. new text end

new text begin Subd. 4. new text end

new text begin Data development and analyses. new text end

new text begin The Office of Higher Education shall work with the state demographer's office to measure progress towards the attainment of the goal specified in subdivision 2. The United States Census Bureau data shall be used to calculate the number of individuals in the state who hold a postsecondary degree. The Office of Higher Education, demographer's office, and the Department of Employment and Economic Development shall develop a methodology to estimate the number of individuals that hold a certificate awarded by a postsecondary institution as their highest educational credential using data available at the time that the analysis is completed. new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) Beginning in 2016 and every year thereafter, the Office of Higher Education, in collaboration with the state demographer's office, shall, by October 15, report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance on the progress towards meeting or exceeding the goal of this section. new text end

new text begin (b) Meeting and maintaining the goal of 70 percent of Minnesota residents ages 25 to 44 years, holding a postsecondary degree or certificate will likely be difficult without achieving attainment rates that are comparable across all race and ethnicity groups. The Office of Higher Education shall utilize benchmarks of 30 percent or higher and 50 percent or higher to report progress by race and ethnicity groups toward meeting the educational attainment rate goal of 70 percent. new text end

Sec. 7.

new text begin [136A.091] SUMMER ACADEMIC ENRICHMENT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The summer academic enrichment program is established to enable elementary and secondary students to attend academic summer programs sponsored by postsecondary institutions and nonprofit organizations. new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin To be eligible for a program stipend, a student shall: new text end

new text begin (1) be a resident of Minnesota; new text end

new text begin (2) attend an eligible office-approved program; new text end

new text begin (3) be in grades 3 through 12, but not have completed high school; new text end

new text begin (4) meet income requirements for free or reduced-price school meals; and new text end

new text begin (5) be 19 years of age or younger. new text end

new text begin Subd. 3. new text end

new text begin Financial need. new text end

new text begin Need for financial assistance is based on student eligibility for free or reduced-price school meals. Student eligibility shall be verified by sponsors of approved academic programs. The office shall award stipends for students within the limits of available appropriations for this section. If the amount appropriated is insufficient, the office shall allocate the available appropriation in the manner it determines. A stipend must not exceed $1,000 per student. new text end

new text begin Subd. 4. new text end

new text begin Eligible program sponsors. new text end

new text begin (a) A program stipend may be used only at an eligible sponsor that is a postsecondary institution or nonprofit educational organization. A Minnesota public postsecondary institution is an eligible program sponsor. A private postsecondary institution is an eligible program sponsor if it: new text end

new text begin (1) is accredited by an agency recognized by the United States Department of Education for purposes of eligibility to participate in title IV federal financial aid programs; new text end

new text begin (2) offers an associate or baccalaureate degree program approved under sections 136A.61 to 136A.71; and new text end

new text begin (3) is located in Minnesota. new text end

new text begin (b) A nonprofit educational organization is an eligible program sponsor if it: new text end

new text begin (1) is incorporated; new text end

new text begin (2) has had favorable financial performance with federal or state funds; and new text end

new text begin (3) has not had significant audit findings. new text end

new text begin Subd. 5. new text end

new text begin Eligible programs. new text end

new text begin A program stipend may be used only for an eligible program. To be eligible, a program must: new text end

new text begin (1) provide, as its primary purpose, academic instruction for student enrichment in core curricular areas of English and language arts, humanities, social studies, science, mathematics, fine arts, performing arts, and world languages and culture; new text end

new text begin (2) not be offered for credit to postsecondary students; new text end

new text begin (3) not provide remedial instruction; new text end

new text begin (4) meet any other program requirements established by the office; and new text end

new text begin (5) be approved by the commissioner. new text end

new text begin Subd. 6. new text end

new text begin Information. new text end

new text begin The office shall assemble and distribute information about eligible student participants, program stipends, and eligible programs. new text end

new text begin Subd. 7. new text end

new text begin Administration. new text end

new text begin The office shall determine the time and manner of program applications, program approval, stipend applications, and final awards. new text end

new text begin Subd. 8. new text end

new text begin Program evaluation. new text end

new text begin Each program sponsor must annually submit a report to the office stating its program goals, activities, and stipend recipient eligibility and demographic information. new text end

new text begin Subd. 9. new text end

new text begin Report. new text end

new text begin Annually, the office shall submit a report to the legislative committees with jurisdiction over higher education finance regarding the program providers, stipend recipients, and program activities. The report shall include information about the students served, the organizations providing services, program goals and outcomes, and student outcomes. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 9 is effective January 1, 2016. new text end

Sec. 8.

Minnesota Statutes 2014, section 136A.101, subdivision 8, is amended to read:

Subd. 8.

Resident student.

"Resident student" means a student who meets one of the following conditions:

(1) a student who has resided in Minnesota for purposes other than postsecondary education for at least 12 months without being enrolled at a postsecondary educational institution for more than five credits in any term;

(2) a dependent student whose parent or legal guardian resides in Minnesota at the time the student applies;

(3) a student who graduated from a Minnesota high school, if the student was a resident of Minnesota during the student's period of attendance at the Minnesota high school and the student is physically attending a Minnesota postsecondary educational institution;

(4) a student who, after residing in the state for a minimum of one year, earned a high school equivalency certificate in Minnesota;

(5) a member, spouse, or dependent of a member of the armed forces of the United States stationed in Minnesota on active federal military service as defined in section 190.05, subdivision 5c;

(6) a spouse or dependent of a veteran, as defined in section 197.447, if the veteran is a Minnesota resident;

(7) a person or spouse of a person who relocated to Minnesota from an area that is declared a presidential disaster area within the preceding 12 months if the disaster interrupted the person's postsecondary education;

(8) a person defined as a refugee under United States Code, title 8, section 1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has continued to reside in Minnesota; deleted text begin ordeleted text end

(9) a student eligible for resident tuition under section 135A.043deleted text begin .deleted text end new text begin ; ornew text end

new text begin (10) an active member, or a spouse or dependent of that member, of the state's National Guard who resides in Minnesota or an active member, or a spouse or dependent of that member, of the reserve component of the United States armed forces whose duty station is located in Minnesota and who resides in Minnesota. new text end

Sec. 9.

Minnesota Statutes 2014, section 136A.121, subdivision 20, is amended to read:

Subd. 20.

Institution reporting.

(a) Each institution receiving financial aid under this section must annually report deleted text begin by December 31deleted text end to the office the following for deleted text begin its undergraduate programsdeleted text end new text begin each award levelnew text end :

(1) enrollmentdeleted text begin , persistence,deleted text end and graduation data for all students, including deleted text begin aggregate deleted text end new text begin subgroup new text end information on state and federal Pell grant recipients;new text begin andnew text end

(2) deleted text begin the job placement rate and salary and wage information for graduates of each program that is either designed or advertised to lead to a particular type of job or advertised or promoted with a claim regarding job placement, as is practicable; anddeleted text end

deleted text begin (3)deleted text end the deleted text begin student debt-to-earnings ratiodeleted text end new text begin aggregate awarded financial aid information for all students, and cumulative debt new text end of new text begin all new text end graduatesnew text begin by race and ethnicity, gender, and incomenew text end .

(b) new text begin Using the data submitted to the office by institutions pursuant to paragraph (a), as well as other data available to the office, new text end the office shall provide the following on its Internet Web sitenew text begin by placing a prominent link on its Web site home pagenew text end :

(1) deleted text begin thedeleted text end information deleted text begin submitted by an institution pursuantdeleted text end new text begin including, but not limited to, persistence and completion, debt of graduates, employment and wage information, and other relevant data for each institution subject new text end to paragraph (a), which shall be made available in a searchable database; and

(2) other information and links that are useful to students and parents who are in the process of selecting a college or university. This information may include, but is not limited to, local occupational profiles.

(c) The office shall provide a standard format and instructions for new text begin institutions new text end supplying the information required under paragraph (a).

new text begin (d) The office shall provide an electronic copy of the information provided on its Internet Web site under paragraph (b) to each public and private high school in the state and each workforce center operated by the Department of Employment and Economic Development. The copy must contain information formatted by institution so that comparison can be easily made between institutions. High schools are encouraged to make the information available to students, including through individual counseling sessions with students. Workforce centers shall make the information available to job seekers, those seeking career counseling, and others as determined by the centers. new text end

Sec. 10.

new text begin [136A.1791] TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings given them in this subdivision. new text end

new text begin (b) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational and living expenses related to a teacher's preparation or further education. new text end

new text begin (c) "School district" means an independent school district, special school district, intermediate district, education district, special education cooperative, service cooperative, a cooperative center for vocational education, or a charter school located in Minnesota. new text end

new text begin (d) "Teacher" means an individual holding a teaching license issued by the licensing division in the Department of Education on behalf of the Board of Teaching who is employed by a school district to provide classroom instruction in a teacher shortage area. new text end

new text begin (e) "Teacher shortage area" means the licensure fields and economic development regions reported by the commissioner of education as experiencing a teacher shortage. new text end

new text begin (f) "Commissioner" means the commissioner of the Office of Higher Education unless indicated otherwise. new text end

new text begin Subd. 2. new text end

new text begin Program established; administration. new text end

new text begin The commissioner shall establish and administer a teacher shortage loan forgiveness program. A teacher is eligible for the program if the teacher is teaching in a licensure field and in an economic development region with an identified teacher shortage under subdivision 3 and complies with the requirements of this section. new text end

new text begin Subd. 3. new text end

new text begin Use of report on teacher shortage areas. new text end

new text begin The commissioner of education shall use the teacher supply and demand report to the legislature to identify the licensure fields and economic development regions in Minnesota experiencing a teacher shortage. new text end

new text begin Subd. 4. new text end

new text begin Application for loan forgiveness. new text end

new text begin Each applicant for loan forgiveness, according to rules adopted by the commissioner, shall: new text end

new text begin (1) apply for teacher shortage loan forgiveness and promptly submit any additional information required by the commissioner; new text end

new text begin (2) annually reapply for up to five consecutive school years and submit information the commissioner requires to determine the applicant's continued eligibility for loan forgiveness; and new text end

new text begin (3) submit to the commissioner a completed affidavit, prescribed by the commissioner, affirming the teacher is teaching in a licensure field and in an economic development region identified by the commissioner as experiencing a teacher shortage. new text end

new text begin Subd. 5. new text end

new text begin Amount of loan forgiveness. new text end

new text begin (a) To the extent funding is available, the annual amount of teacher shortage loan forgiveness for an approved applicant shall not exceed $1,000 or the cumulative balance of the applicant's qualified educational loans, including principal and interest, whichever amount is less. new text end

new text begin (b) Recipients must secure their own qualified educational loans. Teachers who graduate from an approved teacher preparation program or teachers who add a licensure field, consistent with the teacher shortage requirements of this section, are eligible to apply for the loan forgiveness program. new text end

new text begin Subd. 6. new text end

new text begin Disbursement. new text end

new text begin (a) The commissioner must make annual disbursements directly to the participant of the amount for which a participant is eligible, for each year that a participant is eligible. new text end

new text begin (b) Within 60 days of receipt of a disbursement, the participant must provide the commissioner with verification that the full amount of loan repayment disbursement has been applied toward the designated loans. A participant that previously received funds under this section but has not provided the commissioner with such verification is not eligible to receive additional funds. new text end

new text begin Subd. 7. new text end

new text begin Penalties. new text end

new text begin (a) A teacher who submits a false or misleading application or other false or misleading information to the commissioner may: new text end

new text begin (1) have his or her teaching license suspended or revoked under section 122A.20; new text end

new text begin (2) be disciplined by the teacher's employing school district; or new text end

new text begin (3) be required by the commissioner to repay the total amount of the loan forgiveness he or she received under this program, plus interest at a rate established under section 270C.40. new text end

new text begin (b) The commissioner must deposit any repayments received under paragraph (a) in the fund established in subdivision 8. new text end

new text begin Subd. 8. new text end

new text begin Fund established. new text end

new text begin A teacher shortage loan forgiveness repayment fund is created for depositing money appropriated to or received by the commissioner for the program. Money deposited in the fund shall not revert to any state fund at the end of any fiscal year but remains in the loan forgiveness repayment fund and is continuously available for loan forgiveness under this section. new text end

new text begin Subd. 9. new text end

new text begin Annual reporting. new text end

new text begin By February 1 of each year, the commissioner must report to the chairs of the K-12 and higher education committees of the legislature on the number of individuals who received loan forgiveness under this section, the licensure areas and economic development regions in which the teachers taught, the average amount paid to a teacher participating in the program, and other summary data identified by the commissioner as outcome indicators. new text end

new text begin Subd. 10. new text end

new text begin Rulemaking. new text end

new text begin The commissioner shall adopt rules under chapter 14 to administer this section. new text end

Sec. 11.

new text begin [136A.246] DUAL TRAINING COMPETENCY GRANTS. new text end

new text begin Subdivision 1. new text end

new text begin Program created. new text end

new text begin The commissioner shall make grants for the training of employees to achieve the competency standard for an occupation identified by the commissioner of labor and industry under section 175.45 and Laws 2014, chapter 312, article 3, section 21. "Competency standard" has the meaning given in section 175.45, subdivision 2. new text end

new text begin Subd. 2. new text end

new text begin Eligible grantees. new text end

new text begin An employer or an organization representing the employer is eligible to apply for a grant to train employees if the employer has an employee who is in or is to be trained to be in an occupation for which a competency standard has been identified and the employee has not attained the competency standard prior to the commencement of the planned training. Training need not address all aspects of a competency standard but may address only the competencies of a standard that an employee is lacking. Employees who have previously received a grant under this program are not eligible to receive another grant. new text end

new text begin Subd. 3. new text end

new text begin Training institution or program. new text end

new text begin Prior to applying for a grant, the employer must have an agreement with a training institution or program to provide the employee competency standard training. The training may be provided by any institution or program having trainers qualified to instruct on the competency standard. new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin Applications must be made to the commissioner on a form provided by the commissioner. The commissioner must, to the extent possible, make the application form as short and simple to complete as is reasonably possible. The commissioner shall establish a schedule for applications and grants. The application must include, without limitation: new text end

new text begin (1) the projected number of employee trainees; new text end

new text begin (2) the competency standard for which training will be provided; new text end

new text begin (3) any credential the employee will receive upon completion of training; new text end

new text begin (4) the name and address of the training institution or program and a signed statement by the institution or program that it is able and agrees to provide the training; new text end

new text begin (5) the period of the training; and new text end

new text begin (6) the cost of the training charged by the training institution or program and certified by the institution or program. new text end

new text begin An application may be made for training of employees of multiple employers either by the employers or by an organization on their behalf. new text end

new text begin Subd. 5. new text end

new text begin Grant criteria. new text end

new text begin The commissioner shall, to the extent there are sufficient applications, make at least an equal dollar amount of grants for training for employees whose work site is projected to be outside the metropolitan area as defined in section 473.121, subdivision 2, as for employees whose work site is projected to be within the metropolitan area. In determining the award of grants, the commissioner must consider, among other factors: new text end

new text begin (1) the aggregate state and regional need for employees with the competency to be trained; new text end

new text begin (2) the competency standards developed by the commissioner of labor and industry as part of the Minnesota PIPELINE Project; new text end

new text begin (3) the per employee cost of training; new text end

new text begin (4) the additional employment opportunities for employees because of the training; new text end

new text begin (5) projected increases in compensation for employees receiving the training; and new text end

new text begin (6) the amount of employer training cost match, if required, on both a per employee and aggregate basis. new text end

new text begin Subd. 6. new text end

new text begin Employer match. new text end

new text begin A large employer must pay for at least 25 percent of the training institution's or program's charge for the training to the training institution or program. For the purpose of this subdivision, a "large employer" means a business with more than $25,000,000 in annual revenue in the previous calendar year. new text end

new text begin Subd. 7. new text end

new text begin Payment of grant. new text end

new text begin The commissioner shall make grant payments to the training institution or program in a manner determined by the commissioner after receiving notice from the institution or program that the employer has paid the employer match. new text end

new text begin Subd. 8. new text end

new text begin Grant amounts. new text end

new text begin The maximum grant for an application is $150,000. The maximum cost of training payable by the grant may not exceed $6,000 per employee. new text end

new text begin A grant for a particular employee must be reduced by the amounts of any federal Pell grant received, or state grant the employee is eligible to receive for the training and an employee must apply for those grants as a condition of payment for training that employee under this section. new text end

new text begin Subd. 9. new text end

new text begin Reporting. new text end

new text begin Commencing in 2017, the commissioner shall annually by February 1 report on the activity of the grant program for the preceding fiscal year to the chairs of the legislative committees with jurisdiction over workforce policy and finance. At a minimum, the report must include: new text end

new text begin (1) research and analysis on the costs and benefits of the grants for employees and employers; new text end

new text begin (2) the number of employees who commenced training and the number who completed training; and new text end

new text begin (3) recommendations, if any, for changes to the program. new text end

Sec. 12.

Minnesota Statutes 2014, section 136A.861, subdivision 1, is amended to read:

Subdivision 1.

Grants.

(a) The commissioner shall award grants to foster postsecondary attendance and retention by providing outreach services to historically underserved students in grades six through 12 and historically underrepresented college students. 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.

new text begin (b) To the extent there are sufficient applications, the commissioner shall award an approximate equal amount of grants for program-eligible students who are from communities located outside the metropolitan area, as defined in section 473.121, subdivision 2, as for students from communities within the metropolitan area. If necessary to achieve the approximately equal metropolitan area and nonmetropolitan area allocation, the commissioner may award a preference to a nonmetropolitan area application in the form of five points on a one hundred point application review scale. new text end

deleted text begin (b)deleted text end new text begin (c)new text end Grants shall be awarded to postsecondary institutions, professional organizations, community-based organizations, or others deemed appropriate by the commissioner.

deleted text begin (c)deleted text end new text begin (d)new text end Grants shall be awarded for one year and may be renewed for a second year with documentation to the office of successful program outcomes.

Sec. 13.

new text begin [136A.901] SPINAL CORD INJURY AND TRAUMATIC BRAIN INJURY RESEARCH GRANT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Grant program. new text end

new text begin The commissioner shall establish a grant program to award grants to institutions in Minnesota for research into spinal cord injuries and traumatic brain injuries. Grants shall be awarded to conduct research into new and innovative treatments and rehabilitative efforts for the functional improvement of people with spinal cord and traumatic brain injuries. Research topics may include, but are not limited to, pharmaceutical, medical device, brain stimulus, and rehabilitative approaches and techniques. The commissioner, in consultation with the advisory council established under section 136A.902, shall award 50 percent of the grant funds for research involving spinal cord injuries and 50 percent to research involving traumatic brain injuries. In addition to the amounts appropriated by law, the commissioner may accept additional funds from private and public sources. Amounts received from these sources are appropriated to the commissioner for the purposes of issuing grants under this section. new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin By January 15, 2016, and each January 15 thereafter, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over the Office of Higher Education, specifying the institutions receiving grants under this section and the purposes for which the grant funds were used. new text end

Sec. 14.

new text begin [136A.902] SPINAL CORD AND TRAUMATIC BRAIN INJURY ADVISORY COUNCIL. new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The commissioner shall appoint a 12-member advisory council consisting of: new text end

new text begin (1) one member representing the University of Minnesota Medical School; new text end

new text begin (2) one member representing the Mayo Medical School; new text end

new text begin (3) one member representing the Courage Kenny Rehabilitation Center; new text end

new text begin (4) one member representing Hennepin County Medical Center; new text end

new text begin (5) one member who is a neurosurgeon; new text end

new text begin (6) one member who has a spinal cord injury; new text end

new text begin (7) one member who is a family member of a person with a spinal cord injury; new text end

new text begin (8) one member who has a traumatic brain injury; new text end

new text begin (9) one member who is a veteran who has a spinal cord injury or a traumatic brain injury; new text end

new text begin (10) one member who is a family member of a person with a traumatic brain injury; new text end

new text begin (11) one member who is a physician specializing in the treatment of spinal cord injury representing Gillette Children's Specialty Healthcare; and new text end

new text begin (12) one member who is a physician specializing in the treatment of traumatic brain injury. new text end

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin The advisory council shall be organized and administered under section 15.059, except that subdivision 2 shall not apply. Except as provided in subdivision 4, the commissioner shall appoint council members to two-year terms and appoint one member as chair. The advisory council does not expire. new text end

new text begin Subd. 3. new text end

new text begin First appointments and first meeting. new text end

new text begin The commissioner shall appoint the first members of the council by September 1, 2015. The chair shall convene the first meeting by November 1, 2015. new text end

new text begin Subd. 4. new text end

new text begin Terms of initial council members. new text end

new text begin The commissioner shall designate six of the initial council members to serve one-year terms and six to serve two-year terms. new text end

new text begin Subd. 5. new text end

new text begin Conflict of interest. new text end

new text begin Council members must disclose in a written statement any financial interest in any organization that the council recommends to receive a grant. The written statement must accompany the grant recommendations and must explain the nature of the conflict. The council is not subject to policies developed by the commissioner of administration under section 16B.98. new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin The advisory council shall: new text end

new text begin (1) develop criteria for evaluating and awarding the research grants under section 136A.901; new text end

new text begin (2) review research proposals and make recommendations by January 15 of each year to the commissioner for purposes of awarding grants under section 136A.901; and new text end

new text begin (3) perform other duties as authorized by the commissioner. new text end

Sec. 15.

new text begin [136F.302] REGULATING THE ASSIGNMENT OF STUDENTS TO REMEDIAL COURSES. new text end

new text begin Subdivision 1. new text end

new text begin ACT college ready score. new text end

new text begin A state college or university may not require an individual to take a remedial, noncredit course in a subject area if the individual has received a college ready ACT score in that subject area. new text end

new text begin Subd. 2. new text end

new text begin Testing process for determining if remediating is necessary. new text end

new text begin A college or university testing process used to determine whether an individual is placed in a remedial, noncredit course must comply with this subdivision. Prior to taking a test, an individual must be given reasonable time and opportunity to review materials provided by the college or university covering the material to be tested which must include a sample test. An individual who is required to take a remedial, noncredit course as a result of a test given by a college or university must be given an opportunity to retake the test at the earliest time determined by the individual when testing is otherwise offered. The college or university must provide an individual with study materials for the purpose of retaking and passing the test. new text end

Sec. 16.

new text begin [136F.303] DEGREE AND CERTIFICATE COMPLETION; REPORT. new text end

new text begin Beginning in 2018, the board shall annually by January 15, report to the chairs and ranking minority members of the legislature with primary jurisdiction over higher education finance on its activities and achievements related to the goal of improving timely completion of degrees and certificates. The report must, at a minimum, include for the previous academic year: new text end

new text begin (1) the percent of students placed in remedial education; new text end

new text begin (2) the percent of students who complete remediation within one academic year; new text end

new text begin (3) the percent of students that complete college-level gateway courses in one academic year; new text end

new text begin (4) the percent of students who complete 30 semester credits per academic year; new text end

new text begin (5) the student retention rate; new text end

new text begin (6) time to complete a degree or certificate; and new text end

new text begin (7) credits earned by those completing a degree or certificate or other program. new text end

new text begin The report must disaggregate data for each college and university by race, ethnicity, Pell Grant eligibility, and age and provide aggregate data. new text end

Sec. 17.

Minnesota Statutes 2014, section 137.54, is amended to read:

137.54 CONDITIONS FOR PAYMENT TO UNIVERSITY.

(a) Before the commissioner may make the first payment to the board authorized in this section, the commissioner must certify that the board has received at least $110,750,000 in pledges, gifts, sponsorships, and other nonstate general fund revenue support for the construction of the stadium. On July 1 of each year after certification by the commissioner, but no earlier than July 1, 2007, and for so long thereafter as any bonds issued by the board for the construction of the stadium are outstanding, the state must transfer to the board up to $10,250,000 to reimburse the board for its stadium costs, provided that bonds issued to pay the state's share of such costs shall not exceed $137,250,000. Up to $10,250,000 is appropriated annually from the general fund for the purpose of this section. The appropriation of up to $10,250,000 per year may be made for no more than 25 years. The board must certify to the commissioner the amount of the annual payments of principal and interest required to service each series of bonds issued by the university for the construction of the stadium, and the actual amount of the state's annual payment to the university shall equal the amount required to service the bonds representing the state's share of such costs. Except to the extent of the annual appropriation described in this section, the state is not required to pay any part of the cost of designing or constructing the stadium.

(b) new text begin The board may refund the bonds issued pursuant to paragraph (a) if refunding is determined by the board to be in the best interest of the university. Notwithstanding paragraph (a), the principal amount of bonds issued in a refunding shall not exceed the lesser of $104,385,000 or the amount necessary to defease the bonds outstanding immediately prior to refunding. The amount of the state's annual payment to the university for the refunded bonds shall be equal to the maximum annual appropriation of $10,250,000, notwithstanding the amount certified under paragraph (a). new text end

new text begin (c) The board shall allocate sufficient funds, including any interest expense, from the savings realized through refunding of the bonds pursuant to paragraph (b), to provide $10,000,000 for predesign and design of improved health education and clinical research facilities to meet the needs of the Medical School and Academic Health Center on the Twin Cities campus. The facilities shall be designed to support education and research that promote new innovative models of care which are patient-centered, team-based, and facilitate collaboration across the health professions. The education and research facilities will be collocated and designed to maximize collaboration and high-quality delivery of health care. The board may in its discretion, after the $10,000,000 allocation required by this paragraph, allocate to other university purposes payments from the state that exceed the amount necessary to service the refunded bonds, except for savings in 2029, 2030, and 2031, which shall cancel to the general fund. new text end

new text begin (d) new text end The board must certify to the commissioner that the per-semester student fee contribution to the stadium will be at a fixed level coterminous with bonds issued by the board to meet the student share of the design construction of the stadium and that the student fee will not be increased to meet construction cost overruns.

deleted text begin (c)deleted text end new text begin (e) new text end Before the first payment is made under paragraph (a), the board must certify to the commissioner that a provision for affordable access for university students to the university sporting events held at the football stadium has been made.

Sec. 18.

new text begin [175.45] COMPETENCY STANDARDS FOR DUAL TRAINING. new text end

new text begin Subdivision 1. new text end

new text begin Duties; goal. new text end

new text begin The commissioner of labor and industry shall identify competency standards for dual training. The goal of dual training is to provide current employees of an employer with training to acquire competencies that the employer requires. The standards shall be identified for employment in occupations in advanced manufacturing, health care services, information technology, and agriculture. Competency standards are not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in section 14.386 concerning exempt rules do not apply. new text end

new text begin Subd. 2. new text end

new text begin Definition; competency standards. new text end

new text begin For purposes of this section, "competency standards" means the specific knowledge and skills necessary for a particular occupation. new text end

new text begin Subd. 3. new text end

new text begin Competency standards identification process. new text end

new text begin In identifying competency standards, the commissioner shall consult with the commissioner of the Office of Higher Education and the commissioner of employment and economic development and convene recognized industry experts, representative employers, higher education institutions, representatives of the disabled community, and representatives of labor to assist in identifying credible competency standards. Competency standards must be consistent with, to the extent available and practical, recognized international and national standards. new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The commissioner shall: new text end

new text begin (1) identify competency standards for entry level and higher skill levels; new text end

new text begin (2) verify the competency standards and skill levels and their transferability by subject matter expert representatives of each respective industry; new text end

new text begin (3) develop models for Minnesota educational institutions to engage in providing education and training to meet the competency standards established; new text end

new text begin (4) encourage participation by employers and labor in the standard identification process for occupations in their industry; and new text end

new text begin (5) align dual training competency standards with other workforce initiatives. new text end

new text begin Subd. 5. new text end

new text begin Notification. new text end

new text begin The commissioner must communicate identified competency standards to the commissioner of the Office of Higher Education for the purpose of the dual training competency grant program under section 136A.246. The commissioner of labor and industry shall maintain the competency standards on the department's Web site. new text end

Sec. 19.

Laws 2014, chapter 312, article 13, section 47, is amended to read:

Sec. 47.

RESEARCH DOGS AND CATS.

(a) A higher education research facility that receives public money or a facility that provides research in collaboration with a higher education facility that confines dogs or cats for science, education, or research purposes and plans on euthanizing a dog or cat for other than science, education, or research purposes must first offer the dog or cat to an animal rescue organization. A facility that is required to offer dogs or cats to an animal rescue organization under this section may enter into an agreement with the animal rescue organization to protect the facility. A facility that provides a dog or cat to a rescue organization under this section is immune from any civil liability that otherwise might result from its actions, provided that the facility is acting in good faith.

(b) For the purposes of this section, "animal rescue organization" means any nonprofit organization incorporated for the purpose of rescuing animals in need and finding permanent, adoptive homes for the animals.

deleted text begin (c) This section expires July 1, 2015. deleted text end

Sec. 20.

new text begin MNSCU COLLEGE OCCUPATIONAL SCHOLARSHIP PILOT PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program administration. new text end

new text begin The commissioner of the Office of Higher Education shall administer a pilot program pursuant to this section for the 2016-2017 and 2017-2018 academic years including summer session. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purpose of this section the terms defined in this subdivision have the meanings given them. new text end

new text begin (b) "College" means a two-year college in the Minnesota State Colleges and Universities system. new text end

new text begin (c) "Eligible individual" means an individual who: new text end

new text begin (1) is a resident; new text end

new text begin (2) has graduated from a Minnesota secondary school, has as a Minnesota resident completed an adult basic education (ABE) program, or as a Minnesota resident, has passed general education development (GED) testing; new text end

new text begin (3) first applies for a grant for the fall term immediately following secondary school graduation, passing GED tests, or completing an ABE program; and new text end

new text begin (4) has completed a Free Application for Federal Student Aid (FAFSA). new text end

new text begin (d) "Grant" means a scholarship granted under this section. new text end

new text begin (e) "Program" means a certificate, diploma, or associate of science or associate of applied science in a program area covered by the federal Carl D. Perkins Career and Technical Education Act and in an occupational field designated as high demand by the Department of Employment and Economic Development. "Program area" includes only the areas of: new text end

new text begin (1) agriculture, food, and natural resources; new text end

new text begin (2) business management and administration; new text end

new text begin (3) human services; new text end

new text begin (4) engineering, manufacturing and technology; new text end

new text begin (5) arts, communications, and information systems; and new text end

new text begin (6) health science technology. new text end

new text begin (f) To the extent not inconsistent with this section, the definitions in section 136A.101 apply to this section. new text end

new text begin Subd. 3. new text end

new text begin AmeriCorps worker; exceptions. new text end

new text begin (a) Notwithstanding any contrary provision of this section, an eligible individual who completes a 12-month or 24-month approved AmeriCorps program commencing immediately after secondary school graduation, may apply for a grant for the fall term immediately following completion of the AmeriCorps program. These individuals have a two consecutive academic year grant eligibility period commencing the start of that fall term. new text end

new text begin (b) For the purpose of this subdivision, an "approved AmeriCorps program" means a program overseen by the Corporation for National and Community Service (CNCS) including: new text end

new text begin (1) AmeriCorps Volunteer in Service to America (VISTA); new text end

new text begin (2) AmeriCorps National Civilian Community Corps (NCCC); or new text end

new text begin (3) AmeriCorps State and National. new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin The commissioner shall, to the extent of available funds and subject to this section, make grants to eligible individuals to attend a program at a college. new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin Application for a grant shall be made by a FAFSA and on any additional form required by the commissioner and on a schedule set by the commissioner. new text end

new text begin Subd. 6. new text end

new text begin Income limits for grant recipients. new text end

new text begin Dependent students reporting a parental federal adjusted gross income on a FAFSA of $90,000 or less are eligible for a grant. Independent students reporting a family adjusted gross income on a FAFSA of $90,000 or less are eligible for a grant. new text end

new text begin Subd. 7. new text end

new text begin Grant amount. new text end

new text begin The amount of a grant is equal to program tuition and fees minus any federal Pell grant received or state grant for which the individual is eligible. For the purpose of this subdivision, "fees" has the meaning given it in Minnesota Statutes, section 136A.121, subdivision 6. new text end

new text begin Subd. 8. new text end

new text begin Eligibility period. new text end

new text begin A grant may be made only for academic terms that are during the two academic years commencing the fall term immediately after secondary school graduation, completing an adult basic education program, or passing all GED tests. A grant is available for up to 72 semester credits. new text end

new text begin Subd. 9. new text end

new text begin Satisfactory academic progress. new text end

new text begin An individual is eligible for a grant if the individual is making satisfactory academic progress as defined under Minnesota Statutes, section 136A.101, subdivision 10, and has a cumulative grade point average of at least 2.5 on a 4.0 scale at the end of the first academic year and at the end of each academic term after the first academic year. new text end

new text begin Subd. 10. new text end

new text begin Credit load. new text end

new text begin A grantee must have accumulated at least 30 program credits by the end of the first academic year including summer term. A college must certify that a grantee is carrying sufficient credits in the second grant year to complete the program at the end of the second year, including summer school. The commissioner shall set the terms and provide the form for certification. new text end

new text begin Subd. 11. new text end

new text begin Grant renewal. new text end

new text begin A grant may be renewed for a second academic year. Application for renewal must be on a form provided by the commissioner and on a schedule set by the commissioner. new text end

new text begin Subd. 12. new text end

new text begin Mentoring. new text end

new text begin A grantee must be provided mentoring. Mentoring must include, but is not limited to: new text end

new text begin (1) communicating frequently and consistently throughout program participation; new text end

new text begin (2) developing a personalized student success plan. The plan must include concrete steps towards program completion and job placement and identify and make contingency plans for potential obstacles to program completion; new text end

new text begin (3) connect grantees to on-campus resources and personal development opportunities; and new text end

new text begin (4) financial planning. new text end

new text begin The commissioner shall issue request for proposals to provide mentoring activities. The commissioner shall select the proposal that in the commissioner's judgment demonstrates the best potential within available funding for achieving success in assisting students to complete programs. The commissioner may accept and select proposals made by colleges. new text end

new text begin Subd. 13. new text end

new text begin Outreach. new text end

new text begin The commissioner may through the office and by contract engage in recruitment for and promotion of the grants. new text end

new text begin Subd. 14. new text end

new text begin Insufficient appropriation. new text end

new text begin Grant awards shall be made based on the date of receipt of application from the earliest to the latest date. If there are not sufficient funds, grants shall not be prorated and eligible individuals shall be placed on a waiting list. Preference shall be given to timely received renewal grant applications prior to the award of new grants. new text end

new text begin Subd. 15. new text end

new text begin Reporting. new text end

new text begin (a) A college must report to the commissioner the following information: new text end

new text begin (1) the number of grantees and their race, gender, and ethnicity; new text end

new text begin (2) grantee persistence and completion; new text end

new text begin (3) employment outcomes; and new text end

new text begin (4) other information requested by the commissioner. new text end

new text begin (b) The commissioner shall report annually by January 15, to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance by college and in aggregate on the information submitted to the commissioner under paragraph (a). The commissioner may include in the report recommendations for changes in the grant program. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016. new text end

Sec. 21.

new text begin BACCALAUREATE DEGREE PATHWAYS. new text end

new text begin Subdivision 1. new text end

new text begin Regulate MnSCU baccalaureate transfers. new text end

new text begin The Board of Trustees of the Minnesota State Colleges and Universities shall implement new transfer pathways for associate of arts degrees, associate of science degrees, and associate of fine arts degrees toward baccalaureate degree programs. The implementation must, to the greatest extent possible, be done in accordance with the implementation plan, including its timeline, developed pursuant to Laws 2014, chapter 312, article 1, section 12. new text end

new text begin Subd. 2. new text end

new text begin New or enhanced bachelor of applied science degrees. new text end

new text begin The board, in consultation with system constituency groups, is encouraged to create a plan to enhance or develop new bachelor of applied science degree programs in areas of high employment need in the state to facilitate transfer pathways for students with associate of applied science degrees. new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By March 15, 2016, the board must report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education on the status of implementation of transfer pathways under subdivision 1 and any deviations from the implementation plan. new text end

Sec. 22.

new text begin COLLEGE COMPLETION; MNSCU. new text end

new text begin (a) The Board of Trustees of the Minnesota State Colleges and Universities shall develop a comprehensive plan to encourage students to complete degrees, diplomas, or certificates in their fields of study. The board must consult with students, faculty, and administrators of the state colleges and universities and the Office of Higher Education to create a plan that would increase program completion at each state college or university. Components of this plan may include, but are not limited to: new text end

new text begin (1) replacing developmental or remedial courses, when appropriate, with corequisite courses in which students with academic deficiencies are placed into introductory credit-bearing coursework while receiving supplemental academic instruction on the same subject and during the same term; new text end

new text begin (2) expanding intrusive advising, including the use of early alert systems or requiring the approval of an advisor or counselor to register for certain classes; new text end

new text begin (3) developing meta-majors in broad academic disciplines as an alternative to undecided majors; new text end

new text begin (4) making available alternative mathematics curriculum, including curriculum most relevant to the student's chosen area of study; new text end

new text begin (5) implementing "opt-out scheduling" by automatically enrolling students in a schedule of courses chosen by the student's department but allowing students to disenroll from such courses if they wish; new text end

new text begin (6) facilitating the transfer of credits between state colleges and universities; and new text end

new text begin (7) strategies to encourage students to enroll full time, including the use of financial assistance to reduce a student's need to work. new text end

new text begin (b) The development of the plan required under this section shall not discourage the development or delay the implementation or expansion of existing programs to encourage college completion. new text end

new text begin (c) The Board of Trustees of the Minnesota State Colleges and Universities shall submit a report describing the plan developed under this section and an implementation schedule to the legislative committees with jurisdiction over higher education policy no later than January 15, 2016. This report must include identification of the financial and other resources needed by state colleges or universities to implement the plan developed under this section. new text end

Sec. 23.

new text begin COLLEGE COMPLETION; UNIVERSITY OF MINNESOTA. new text end

new text begin (a) The Board of Regents of the University of Minnesota is requested to develop a comprehensive plan to encourage students to complete degrees, diplomas, or certificates in their fields of study. The board is requested to consult with students, faculty, and administrators of the University of Minnesota and the Office of Higher Education to create a plan that would increase program completion among University of Minnesota students. Components of this plan may include, but are not limited to: new text end

new text begin (1) offering interdisciplinary courses that encourage students to think across disciplinary boundaries and take advantage of the universitywide intellectual expertise; new text end

new text begin (2) expanding undergraduate academic advising, including intrusive advising, and the use of online advising tools; new text end

new text begin (3) assisting undecided students with personalized services to help them develop a plan for major and career selection; new text end

new text begin (4) requiring all students to fill out, and regularly update, their four-year degree plans; new text end

new text begin (5) facilitating student transfers to the University of Minnesota through support of the Minnesota Transfer Curriculum and other transfer tools; new text end

new text begin (6) developing strategies to encourage students to enroll full time and graduate in four years; and new text end

new text begin (7) enhancing financial literacy programs that focus on low-income students. new text end

new text begin (b) The development of the plan required under this section shall not discourage the development or delay the implementation or expansion of existing programs to encourage college completion. new text end

new text begin (c) The Board of Regents of the University of Minnesota shall submit a report describing the plan developed under this section and an implementation schedule to the legislative committees with jurisdiction over higher education policy no later than January 15, 2016. This report must include identification of the financial and other resources needed to implement the plan developed under this section. new text end

Sec. 24.

new text begin COUNSELING FOR COLLEGE STUDENT LOAN DEBTORS. new text end

new text begin Subdivision 1. new text end

new text begin Pilot program created. new text end

new text begin The commissioner of the Office of Higher Education shall make a grant to a nonprofit qualified debt counseling organization to provide individual student loan debt repayment counseling to borrowers who are Minnesota residents concerning loans obtained to attend a Minnesota postsecondary institution. The counseling shall be provided to borrowers who are 30 to 60 days delinquent when they are referred to or otherwise identified by the organization as candidates for counseling. The number of individuals receiving counseling may be limited to those capable of being served with available appropriations for that purpose. A goal of the counseling program is to provide two counseling sessions to at least 75 percent of borrowers receiving counseling. new text end

new text begin The purpose of the counseling is to assist borrowers to: new text end

new text begin (1) understand their loan and repayment options; new text end

new text begin (2) manage loan repayment; and new text end

new text begin (3) develop a workable budget based on the borrower's full financial situation regarding income, expenses, and other debt. new text end

new text begin Subd. 2. new text end

new text begin Qualified debt counseling organization. new text end

new text begin A qualified debt counseling organization is an organization that: new text end

new text begin (1) has experience in providing individualized student loan counseling; new text end

new text begin (2) employs certified financial loan counselors; and new text end

new text begin (3) has offices at multiple rural and metropolitan area locations in the state to provide in-person counseling. new text end

new text begin Subd. 3. new text end

new text begin Grant application. new text end

new text begin Applications for a grant shall be on a form created by the commissioner and on a schedule set by the commissioner. Among other provisions, the application must include a description of: new text end

new text begin (1) the characteristics of borrowers to be served; new text end

new text begin (2) the services to be provided and a timeline for implementation of the services; new text end

new text begin (3) how the services provided will help borrowers manage loan repayment; new text end

new text begin (4) specific program outcome goals and performance measures for each goal; and new text end

new text begin (5) how the services will be evaluated to determine whether the program goals were met. new text end

new text begin Subd. 4. new text end

new text begin Grant. new text end

new text begin The commissioner shall select one grant recipient. new text end

new text begin Subd. 5. new text end

new text begin Program evaluation. new text end

new text begin (a) The grant recipient must submit a report to the Office of Higher Education by January 15, 2017. The report must evaluate and measure the extent to which program outcome goals have been met. new text end

new text begin (b) The grant recipient must collect, analyze, and report on participation and outcome data that enable the office to verify the outcomes. new text end

new text begin (c) The evaluation must include information on the number of borrowers served with on-time student loan payments, the number who brought their loans into good standing, the number of student loan defaults, the number who developed a monthly budget plan, and other information required by the commissioner. Recipients of the counseling must be surveyed on their opinions about the usefulness of the counseling and the survey results must be included in the report. new text end

new text begin Subd. 6. new text end

new text begin Report to legislature. new text end

new text begin By February 1, 2017, the commissioner must submit a report to the committees in the legislature with jurisdiction over higher education finance regarding grant program outcomes. new text end

Sec. 25.

new text begin HIGHER EDUCATION ATTAINMENT GOAL; INITIAL REPORT. new text end

new text begin By October 15, 2015, the Office of Higher Education, after collaborating with the state demographer's office, shall report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance, on the baseline data and methodology that will be used to measure progress towards the attainment goal specified in Minnesota Statutes, section 135A.012. The report shall include information about the specific data and data sources that will be used to complete the analyses, and make recommendations regarding the appropriate comparison groups for conducting the analyses, and the manner in which data can be disaggregated by distinct racial and ethnic group categories, and timeline benchmarks for meeting the goal in Minnesota Statutes, section 135A.012, subdivision 2. new text end

Sec. 26.

new text begin HUMAN SUBJECT RESEARCH STANDARDS; UNIVERSITY OF MINNESOTA. new text end

new text begin The Board of Regents of the University of Minnesota shall report monthly, commencing July 1, 2015, to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance. The reports must describe progress in developing and implementing a plan to conduct human subject research at the university. The monthly reports must continue until the plan has been fully implemented. The reports must include how the university will implement the individual recommendations contained in the final report, dated February 23, 2015, titled "An External Review of the Protection of Human Research Participants at the University of Minnesota with Special Attention to Research with Adults who may lack Decision-Making Capacity." The report was prepared pursuant to an agreement by the university with the Association for the Accreditation of Human Research Protection Program (AAHRPP). new text end

new text begin The reports must, among other details, provide specific details about: new text end

new text begin (1) the changes to Institutional Review Board membership, policies, and practices; new text end

new text begin (2) the procedures required for obtaining and reviewing consents by individuals with impaired decision-making abilities; and new text end

new text begin (3) the policy with respect to responding to concerns of family and others for the well-being of human research subjects. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 27.

new text begin REPEALER. new text end

new text begin Minnesota Rules, part 4830.7500, subparts 2a and 2b, new text end new text begin are repealed. new text end

ARTICLE 4

CAMPUS SEXUAL ASSAULT

Section 1.

Minnesota Statutes 2014, section 13.322, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Campus sexual assault data. new text end

new text begin Data relating to allegations of sexual assault at a postsecondary institution are classified under section 135A.15. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016. new text end

Sec. 2.

Minnesota Statutes 2014, section 135A.15, is amended to read:

135A.15 SEXUAL HARASSMENT AND VIOLENCE POLICY.

Subdivision 1.

new text begin Applicability; new text end policy required.

new text begin (a) This section applies to the following postsecondary institutions: new text end

new text begin (1) institutions governed by the Board of Trustees of the Minnesota State Colleges and Universities; and new text end

new text begin (2) private postsecondary institutions that offer in-person courses on a campus located in Minnesota and which are eligible institutions as defined in section 136A.103, provided that a private postsecondary institution with a systemwide enrollment of fewer than 100 students in the previous academic year is exempt from subdivisions 4 to 10. new text end

new text begin Institutions governed by the Board of Regents of the University of Minnesota are requested to comply with this section. new text end

deleted text begin The Board of Trustees of the Minnesota State Colleges and Universities shall, and the University of Minnesota is requested to,deleted text end new text begin (b) A postsecondary institution must new text end adopt a clear, understandable written policy on sexual harassment and sexual violence that informs victims of their rights under the crime victims bill of rights, including the right to assistance from the Crime Victims Reparations Board and the commissioner of public safety. The policy must apply to students and employees and must provide information about their rights and duties. The policy must apply to criminal incidentsnew text begin against a student or employee of a postsecondary institutionnew text end occurring on property owned new text begin or leased new text end by the postsecondary system or institution deleted text begin in which the victim is a student or employee of that system or institutiondeleted text end new text begin or at any activity, program, organization, or event sponsored by the system or institution, or by a fraternity and sororitynew text end . It must include procedures for reporting incidents of sexual harassment or sexual violence and for disciplinary actions against violators. During student registration, deleted text begin each technical college, community college, or state university shall, and the University of Minnesota is requested to,deleted text end new text begin a postsecondary institution shall new text end provide each student with information regarding its policy. A copy of the policy also shall be posted at appropriate locations on campus at all times. deleted text begin Each private postsecondary institution that is an eligible institution as defined in section 136A.155, must adopt a policy that meets the requirements of this section.deleted text end

new text begin Subd. 1a. new text end

new text begin Sexual assault definition. new text end

new text begin For the purposes of this section, "sexual assault" means forcible sex offenses as defined in Code of Federal Regulations, title 34, part 668, subpart D, appendix A, as amended. new text end

Subd. 2.

Victims' rights.

The policy required under subdivision 1 shall, at a minimum, require that students and employees be informed of the policy, and shall include provisions for:

(1) filing criminal charges with local law enforcement officials in sexual assault cases;

(2) the prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of a sexual assault incident;

new text begin (3) allowing sexual assault victims to decide whether to report a case to law enforcement; new text end

new text begin (4) requiring campus authorities to treat sexual assault victims with dignity; new text end

new text begin (5) requiring campus authorities to offer sexual assault victims fair and respectful health care, counseling services, or referrals to such services; new text end

new text begin (6) preventing campus authorities from suggesting to a victim of sexual assault that the victim is at fault for the crimes or violations that occurred; new text end

new text begin (7) preventing campus authorities from suggesting to a victim of sexual assault that the victim should have acted in a different manner to avoid such a crime; new text end

new text begin (8) subject to subdivision 10, protecting the privacy of sexual assault victims by only disclosing data collected under this section to the victim, persons whose work assignments reasonably require access, and, at a sexual assault victim's request, police conducting a criminal investigation; new text end

deleted text begin (3)deleted text end new text begin (9)new text end an investigation and resolution of a sexual assault complaint by campus disciplinary authorities;

deleted text begin (4)deleted text end new text begin (10)new text end a sexual assault victim's participation in and the presence of the victim's attorney or other support person new text begin who is not a fact witness to the sexual assault new text end at any new text begin meeting with campus officials concerning the victim's sexual assault complaint or new text end campus disciplinary proceeding concerning a sexual assault complaint;

new text begin (11) ensuring that a sexual assault victim may decide when to repeat a description of the incident of sexual assault; new text end

new text begin (12) notice to a sexual assault victim of the availability of a campus or local program providing sexual assault advocacy services; new text end

deleted text begin (5)deleted text end new text begin (13)new text end notice to a sexual assault victim of the outcome of any campus disciplinary proceeding concerning a sexual assault complaint, consistent with laws relating to data practices;

deleted text begin (6)deleted text end new text begin (14)new text end the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual assault incident;

deleted text begin (7)deleted text end new text begin (15)new text end the assistance of campus authorities in preserving for a sexual assault complainant or victim materials relevant to a campus disciplinary proceeding; deleted text begin anddeleted text end

deleted text begin (8)deleted text end new text begin (16) during and after the process of investigating a complaint and conducting a campus disciplinary procedure,new text end the assistance of campus personnel, in cooperation with the appropriate law enforcement authorities, at a sexual assault victim's request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes or to alternative college-owned housing, if alternative classes or housing are available and feasibledeleted text begin .deleted text end new text begin ;new text end

new text begin (17) forbidding retaliation, and establishing a process for investigating complaints of retaliation, against sexual assault victims by campus authorities, the accused, organizations affiliated with the accused, other students, and other employees; new text end

new text begin (18) at the request of the victim, providing students who reported sexual assaults to the institution and subsequently choose to transfer to another postsecondary institution with information about resources for victims of sexual assault at the institution to which the victim is transferring; and new text end

new text begin (19) consistent with laws governing access to student records, providing a student who reported an incident of sexual assault with access to the student's description of the incident as it was reported to the institution, including if that student transfers to another postsecondary institution. new text end

new text begin Subd. 3. new text end

new text begin Uniform amnesty. new text end

new text begin The sexual harassment and violence policy required by subdivision 1 must include a provision that a witness or victim of an incident of sexual assault who reports the incident in good faith shall not be sanctioned by the institution for admitting in the report to a violation of the institution's student conduct policy on the personal use of drugs or alcohol. new text end

new text begin Subd. 4. new text end

new text begin Coordination with local law enforcement. new text end

new text begin (a) A postsecondary institution must enter into a memorandum of understanding with the primary local law enforcement agencies that serve its campus. The memorandum must be entered into no later than January 1, 2017, and updated every two years thereafter. This memorandum shall clearly delineate responsibilities and require information sharing, in accordance with applicable state and federal privacy laws, about certain crimes including, but not limited to, sexual assault. This memorandum of understanding shall provide: new text end

new text begin (1) delineation and sharing protocols of investigative responsibilities; new text end

new text begin (2) protocols for investigations, including standards for notification and communication and measures to promote evidence preservation; and new text end

new text begin (3) a method of sharing information about specific crimes, when directed by the victim, and a method of sharing crime details anonymously in order to better protect overall campus safety. new text end

new text begin (b) Prior to the start of each academic year, a postsecondary institution shall distribute an electronic copy of the memorandum of understanding to all employees on the campus that are subject to the memorandum. new text end

new text begin (c) An institution is exempt from the requirement that it develop a memorandum of understanding under this section if the institution and local or county law enforcement agencies establish a sexual assault protocol team to facilitate effective cooperation and collaboration between the institution and law enforcement. new text end

new text begin Subd. 5. new text end

new text begin Online reporting system. new text end

new text begin (a) A postsecondary institution must provide an online reporting system to receive complaints of sexual harassment and sexual violence from students and employees. The system must permit anonymous reports, provided that the institution is not obligated to investigate an anonymous report unless a formal report is submitted through the process established in the institution's sexual harassment and sexual violence policy. new text end

new text begin (b) A postsecondary institution must provide students making reports under this subdivision with information about who will receive and have access to the reports filed, how the information gathered through the system will be used, and contact information for on-campus and off-campus organizations serving victims of sexual violence. new text end

new text begin (c) Data collected under this subdivision is classified as private data on individuals as defined by section 13.02, subdivision 12. Postsecondary institutions not otherwise subject to chapter 13 must limit access to the data to only the data subject and persons whose work assignments reasonably require access. new text end

new text begin Subd. 6. new text end

new text begin Data collection and reporting. new text end

new text begin (a) Postsecondary institutions must annually report statistics on sexual assault. This report must be prepared in addition to any federally required reporting on campus security, including reports required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States Code, title 20, section 1092(f). The report must include, but not be limited to, the number of incidents of sexual assault reported to the institution in the previous calendar year, as follows: new text end

new text begin (1) the number that were investigated by the institution; new text end

new text begin (2) the number that were referred for a disciplinary proceeding at the institution; new text end

new text begin (3) the number the victim chose to report to local or state law enforcement; new text end

new text begin (4) the number for which a campus disciplinary proceeding is pending, but has not reached a final resolution; new text end

new text begin (5) the number in which the alleged perpetrator was found responsible by the disciplinary proceeding at the institution; new text end

new text begin (6) the number that resulted in any action by the institution greater than a warning issued to the accused; new text end

new text begin (7) the number that resulted in a disciplinary proceeding at the institution that closed without resolution; new text end

new text begin (8) the number that resulted in a disciplinary proceeding at the institution that closed without resolution because the accused withdrew from the institution; new text end

new text begin (9) the number that resulted in a disciplinary proceeding at the institution that closed without resolution because the victim chose not to participate in the procedure; and new text end

new text begin (10) the number of reports made through the online reporting system established in subdivision 5, excluding reports submitted anonymously. new text end

new text begin (b) If an institution previously submitted a report indicating that one or more disciplinary proceedings was pending, but had not reached a final resolution, and one or more of those disciplinary proceedings reached a final resolution within the previous calendar year, that institution must submit updated totals from the previous year that reflect the outcome of the pending case or cases. new text end

new text begin (c) The reports required by this subdivision must be submitted to the Office of Higher Education by October 1 of each year. Each report must contain the data required under paragraphs (a) and (b) from the previous calendar year. new text end

new text begin (d) The commissioner of the Office of Higher Education shall calculate statewide numbers for each data item reported by an institution under this subdivision. The statewide numbers must include data from postsecondary institutions that the commissioner could not publish due to federal laws governing access to student records. new text end

new text begin (e) The Office of Higher Education shall publish on its Web site: new text end

new text begin (1) the statewide data calculated under paragraph (d); and new text end

new text begin (2) the data items required under paragraphs (a) and (b) for each postsecondary institution in the state. new text end

new text begin Each postsecondary institution shall publish on the institution's Web site the data items required under paragraphs (a) and (b) for that institution. new text end

new text begin (f) Reports and data required under this subdivision must be prepared and published as summary data, as defined in section 13.02, subdivision 19, and must be consistent with applicable law governing access to educational data. If an institution or the Office of Higher Education does not publish data because of applicable law, the publication must explain why data are not included. new text end

new text begin Subd. 7. new text end

new text begin Access to data; audit trail. new text end

new text begin (a) Data on incidents of sexual assault shared with campus security officers or campus administrators responsible for investigating or adjudicating complaints of sexual assault are classified as private data on individuals as defined by section 13.02, subdivision 12, for the purposes of postsecondary institutions subject to the requirements of chapter 13. Postsecondary institutions not otherwise subject to chapter 13 must limit access to the data to only the data subject and persons whose work assignments reasonably require access. new text end

new text begin (b) Only individuals with explicit authorization from an institution may enter, update, or access electronic data related to an incident of sexual assault collected, created, or maintained under this section. The ability of authorized individuals to enter, update, or access these data must be limited through the use of role-based access that corresponds to the official duties or training level of the individual and the institutional authorization that grants access for that purpose. All actions in which the data related to an incident of sexual assault are entered, updated, accessed, shared, or disseminated outside of the institution must be recorded in a data audit trail. An institution shall immediately and permanently revoke the authorization of any individual determined to have willfully entered, updated, accessed, shared, or disseminated data in violation of this subdivision or any provision of chapter 13. If an individual is determined to have willfully gained access to data without explicit authorization, the matter shall be forwarded to a county attorney for prosecution. new text end

new text begin Subd. 8. new text end

new text begin Comprehensive training. new text end

new text begin (a) A postsecondary institution must provide campus security officers and campus administrators responsible for investigating or adjudicating complaints of sexual assault with comprehensive training on preventing and responding to sexual assault in collaboration with the Bureau of Criminal Apprehension or another law enforcement agency with expertise in criminal sexual conduct. The training for campus security officers shall include a presentation on the dynamics of sexual assault, neurobiological responses to trauma, and best practices for preventing, responding to, and investigating sexual assault. The training for campus administrators responsible for investigating or adjudicating complaints on sexual assault shall include presentations on preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual assault, neurobiological responses to trauma, and compliance with state and federal laws on sexual assault. new text end

new text begin (b) The following categories of students who attend, or will attend, one or more courses on campus or will participate in on-campus activities must be provided sexual assault training: new text end

new text begin (1) students pursuing a degree or certificate; new text end

new text begin (2) students who are taking courses through the Postsecondary Enrollment Options Act; and new text end

new text begin (3) any other categories of students determined by the institution. new text end

new text begin Students must complete such training no later than ten business days after the start of a student's first semester of classes. Once a student completes the training, institutions must document the student's completion of the training and provide proof of training completion to a student at the student's request. Students enrolled at more than one institution within the same system at the same time are only required to complete the training once. The training shall include information about topics including but not limited to sexual assault as defined in subdivision 1a; consent as defined in section 609.341, subdivision 4; preventing and reducing the prevalence of sexual assault; procedures for reporting campus sexual assault; and campus resources on sexual assault, including organizations that support victims of sexual assault. new text end

new text begin (c) A postsecondary institution shall annually train individuals responsible for responding to reports of sexual assault. This training shall include information about best practices for interacting with victims of sexual assault, including how to reduce the emotional distress resulting from the reporting, investigatory, and disciplinary process. new text end

new text begin Subd. 9. new text end

new text begin Student health services. new text end

new text begin (a) An institution's student health service providers must screen students for incidents of sexual violence and sexual harassment. Student health service providers shall offer students information on resources available to victims and survivors of sexual violence and sexual harassment including counseling, mental health services, and procedures for reporting incidents to the institution. new text end

new text begin (b) Each institution offering student health or counseling services must designate an existing staff member or existing staff members as confidential resources for victims of sexual violence or sexual harassment. The confidential resource must be available to meet with victims of sexual violence and sexual harassment. The confidential resource must provide victims with information about locally available resources for victims of sexual violence and sexual harassment including, but not limited to, mental health services and legal assistance. The confidential resource must provide victims with information about the process for reporting an incident of sexual violence and sexual harassment to campus authorities or local law enforcement. The victim shall decide whether to report an incident of sexual violence and sexual harassment to campus authorities or local law enforcement. Confidential resources must be trained in all aspects of responding to incidents of sexual violence and sexual harassment including, but not limited to, best practices for interacting with victims of trauma, preserving evidence, campus disciplinary and local legal processes, and locally available resources for victims. Data shared with a confidential resource is classified as sexual assault communication data as defined by section 13.822, subdivision 1. new text end

new text begin Subd. 10. new text end

new text begin Applicability of other laws. new text end

new text begin This section does not exempt mandatory reporters from the requirements of section 626.556 or 626.557 governing the reporting of maltreatment of minors or vulnerable adults. Nothing in this section limits the authority of an institution to comply with other applicable state or federal laws related to investigations or reports of sexual harassment, sexual violence, or sexual assault. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, except subdivision 9, paragraph (a), is effective January 1, 2017. new text end

Sec. 3.

new text begin [626.891] COOPERATION WITH POSTSECONDARY INSTITUTIONS. new text end

new text begin Local law enforcement agencies, including law enforcement agencies operated by statutory cities, home rule charter cities, and counties must enter into and honor the memoranda of understanding required under section 135A.15. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016. new text end

ARTICLE 5

STATE GRANT

Section 1.

Minnesota Statutes 2014, section 136A.121, subdivision 6, is amended to read:

Subd. 6.

Cost of attendance.

(a) The recognized cost of attendance consists of: (1) an allowance specified in law for living and miscellaneous expenses, and (2) an allowance for tuition and fees equal to the lesser of the average tuition and fees charged by the institution, or a tuition and fee maximum if one is established in law. new text begin If no living and miscellaneous expense allowance is established in law, the allowance is equal to the federal poverty guidelines for a one person household in Minnesota for nine months. new text end If no tuition and fee maximum is established in law, the allowance for tuition and fees is equal to the lesser of: (1) the average tuition and fees charged by the institution, and (2) for two-year programs, an amount equal to the highest tuition and fees charged at a public two-year institution, or for four-year programs, an amount equal to the highest tuition and fees charged at a public university.

(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.

(c) 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.

(d) 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. 2.

Minnesota Statutes 2014, section 136A.121, subdivision 7a, is amended 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 new text begin or the tuition and fee maximums new text end 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 are 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.

Presented to the governor May 20, 2015

Signed by the governor May 22, 2015, 11:02 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes