1.1 	A bill for an act
1.2 	relating to higher education; providing for remedial instruction in public 
1.3 	postsecondary institutions;proposing coding for new law in Minnesota Statutes, 
1.4 	chapter 135A.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [135A.082] REMEDIAL INSTRUCTION; HIGH SCHOOL DIPLOMA 
1.7 	WARRANTY.
1.8 		Subdivision 1.Conditions. A public postsecondary institution may provide 
1.9 	remedial instruction if, within 12 months of first enrollment, the institution determines 
1.10 	that the student's English language reading or writing ability, or the student's mathematic 
1.11 	ability, does not rise to the level that is a necessary prerequisite to minimally acceptable 
1.12 	comprehension of entry-level courses or programs at the institution.
1.13 		Subd. 2.Confirmation. The institution's determination of a student's substandard 
1.14 	ability is confirmed if the student scores below 12th grade level in a standardized test 
1.15 	in any of the following areas covered by the determination: English language reading 
1.16 	comprehension, English language composition, or mathematics.
1.17 		Subd. 3.High school diploma warranty coverage. (a) If a student who graduated 
1.18 	from a public high school scores below the 12th grade level on a confirming test, the 
1.19 	student's high school shall pay two-thirds of the tuition for the student for all remedial 
1.20 	courses in the area covered by the confirming test that the student takes in the first year 
1.21 	after the student's graduation from high school. The student's high school shall pay 
1.22 	one-third of the tuition for the student for all remedial courses in the area covered by the 
1.23 	confirming test that the student takes in the second year after the student's graduation 
2.1 	from high school. This subdivision shall apply to students graduating from a public high 
2.2 	school on or after May 1, 2010.
2.3 	(b) The payment of tuition by the public high school shall be waived if the high 
2.4 	school can demonstrate, through the results of a standardized test, that the student had 
2.5 	attained 12th grade level performance in the area covered by the confirming test prior 
2.6 	to graduation.
2.7 		Subd. 4.No credits; student costs. A postsecondary institution providing remedial 
2.8 	instruction under this section must not award credit to a student toward a degree or 
2.9 	program completion for remedial instruction provided under this section.
2.10 		Subd. 5.Just claim. A request for payment for remedial instruction to a student 
2.11 	under this section is, under section 123B.02, subdivision 17, a just claim against the school 
2.12 	district that includes the student's high school.