2005 Minnesota Statutes

CHAPTER 135A. Public postsecondary education

FUNDING

     135A.01 Funding policy. 

    It is the policy of the legislature to provide stable 
 funding, including recognition of the effects of inflation, for 
 instructional services at public postsecondary institutions and 
 that the state and students share the cost of those services.  
 The legislature intends to provide at least 67 percent of the 
 instructional services costs for each postsecondary system.  It 
 is also the policy of the legislature that the budgetary process 
 serves to support high quality public postsecondary education.  

    HIST: 1983 c 258 s 29; 1Sp1985 c 11 s 14; 1994 c 532 art 3 s 1 

  135A.02 Repealed, 1994 c 532 art 3 s 9 

  135A.03 Repealed, 1994 c 532 art 3 s 9 

     135A.031 Appropriations for instructional services. 

    Subdivision 1.    Determination of appropriation.  The 
 direct appropriation to each board for instructional services 
 shall equal 67 percent of the estimated total cost of 
 instruction for the University of Minnesota, the state 
 universities, and the community colleges, and, for technical 
 colleges, at least 67 percent of the estimated total cost of 
 instruction. 

    Subd. 2.    Appropriations for certain enrollments.  The 
 state share of the estimated expenditures for instruction shall 
 vary for some categories of students, as designated in this 
 subdivision. 

    (a) The state must provide at least 67 percent of the 
 estimated expenditures for: 

    (1) students who resided in the state for at least one 
 calendar year prior to applying for admission or dependent 
 students whose parent or legal guardian resides in Minnesota at 
 the time the student applies; 

    (2) Minnesota residents who can demonstrate that they were 
 temporarily absent from the state without establishing residency 
 elsewhere; 

    (3) residents of other states or provinces who are 
 attending a Minnesota institution under a tuition reciprocity 
 agreement; 

    (4) students who have been in Minnesota as migrant 
 farmworkers, as defined in the Code of Federal Regulations, 
 title 20, section 633.104, over a period of at least two years 
 immediately before admission or readmission to a Minnesota 
 public postsecondary institution, or students who are dependents 
 of such migrant farmworkers; and 

    (5) persons who:  (i) were employed full time and were 
 relocated to the state by the person's current employer, or (ii) 
 moved to the state for employment purposes and, before moving 
 and before applying for admission to a public postsecondary 
 institution, accepted a job in the state, or students who are 
 spouses or dependents of such persons. 

    (b) The definition of full year equivalent for purposes of 
 the formula calculations in this chapter is twice the normal 
 value for the following enrollments: 

    (1) students who are concurrently enrolled in a public 
 secondary school and for whom the institution is receiving any 
 compensation under the Postsecondary Enrollment Options Act; and 

    (2) students enrolled under the student exchange program of 
 the Midwest Compact. 

    Subd. 3.    Determination of instructional services base. 
  The instructional services base for each public postsecondary 
 system is the sum of:  (1) the state share; and (2) the 
 legislatively estimated tuition for the second year of the most 
 recent biennium; and (3) performance as calculated in 
 subdivision 5.  

    Subd. 4.    Enrollments for budgeting.  For all purposes 
 where student enrollment is used for budgeting purposes, student 
 enrollment shall be measured in full-year equivalents and shall 
 include only enrollments in courses that award credit or 
 otherwise satisfy any of the requirements of an academic or 
 vocational program. 

    Subd. 5.    Adjustment for performance.  Each public 
 postsecondary system's instructional services base shall be 
 adjusted, up to one percent, if the system meets the performance 
 standards established by the system's governing board as part of 
 the biennial budget document. 

    Subd. 6.    Adjustment for change items.  The 
 instructional services base may be adjusted for change items as 
 determined by the governor and the legislature after adjustments 
 for inflation, enrollments, and performance.  

    Subd. 7.    Reports.  Instructional expenditure and 
 enrollment data for each instructional category shall be 
 submitted in the biennial budget document. 

    HIST: 1994 c 532 art 3 s 2; 1995 c 212 art 2 s 1; 1Sp2001 c 1 
 art 2 s 6; 2005 c 107 art 2 s 1,2 

*   NOTE:  The amendments to subdivisions 3 and 4 by Laws 2005, 
*chapter 107, article 2, sections 1 and 2, respectively, are 
*effective June 30, 2007.  Laws 2005, chapter 107, article 2, 
*sections 1 and 2, the effective dates.

     135A.032 Appropriations for noninstructional services. 

    Subdivision 1.    Determination of noninstructional 
 appropriations base.  The noninstructional services base for 
 each public postsecondary system is the state share for the 
 second year of the most recent biennium plus adjustments for 
 inflation and for performance as specified in subdivision 2.  
 The cost of technical college extension programs shall be 
 included in noninstructional services.  

    Subd. 2.    Adjustment for performance.  The 
 noninstructional services base shall be increased, up to one 
 percent, if the system meets the performance standards 
 established by the system's governing board as part of the 
 biennial budget document.  

    Subd. 3.    Adjustment for change items.  The 
 noninstructional services base may be adjusted for change items 
 as determined by the governor and the legislature after 
 noninstructional base adjustments for inflation and performance. 

    HIST: 1994 c 532 art 3 s 3 

     135A.033 Performance funding. 

    The governing boards of the University of Minnesota and the 
 Minnesota State Colleges and Universities, in conjunction with 
 their respective campuses, shall each specify performance 
 categories and indicators relating to section 135A.053, 
 subdivision 1, to be used for policy and appropriations 
 decisions, as well as allocations for rewarding campuses that 
 achieve performance levels and assisting campuses that are 
 unable to achieve these levels.  Because the mission of each 
 system and type of campus varies, categories and indicators 
 shall vary accordingly. 

    HIST: 1994 c 532 art 3 s 4; 1996 c 398 s 26 

     135A.034 Budget priorities. 

    Subdivision 1.    Operating budget.  The governing 
 boards of the University of Minnesota, and the Minnesota State 
 Colleges and Universities shall each develop, for legislative 
 and executive branch acceptance, its highest budget priorities 
 in accordance with statewide objectives for higher education.  
 It is the intent of the legislature to appropriate at least 67 
 percent of the total cost of instruction after adjusting for 
 inflation and enrollment changes.  However, in the event of a 
 budget shortfall, or if funding of inflation is not possible, 
 available funding shall first be applied to the agreed upon 
 budget priorities. 

    Subd. 2.    Capital projects.  The Board of Regents of 
 the University of Minnesota and the Board of Trustees of the 
 Minnesota State Colleges and Universities are requested to 
 consider the following criteria in establishing priorities for 
 requests for bond funds for capital projects: 

    (1) maintenance and preservation of existing facilities; 

    (2) completion of projects that have received funding; 

    (3) updating facilities to meet contemporary needs; 

    (4) providing geographic distribution of capital projects; 
 and 

    (5) maximizing the use of nonstate contributions. 

    HIST: 1994 c 532 art 3 s 5; 2000 c 492 art 1 s 50 

     135A.04 Variable tuition. 

    The Board of Regents of the University of Minnesota and the 
 Board of Trustees of the Minnesota State Colleges and 
 Universities shall each establish tuition.  Tuition may vary by 
 program, level of instruction, cost of instruction, or other 
 classifications determined by each board.  Tuition may be set at 
 any percentage of instructional cost established by the 
 respective boards. 

    HIST: 1983 c 258 s 32; 1Sp1985 c 11 s 16; 1987 c 401 s 9; 1988 
 c 703 art 1 s 9; 1994 c 532 art 3 s 6; 1995 c 212 art 4 s 64 

     135A.041 Fee statement. 

    Beginning in the 1993-1994 academic year, fee statements at 
 all public postsecondary campuses shall indicate the state-paid 
 portion of the cost of an average student's education in that 
 system by including the following statement:  "Tuition pays for 
 approximately ... % of the cost of a student at a public 
 college.  The State of Minnesota pays approximately $....... of 
 the average cost for full-time students." 

    HIST: 1Sp1993 c 2 art 3 s 15 

     135A.042 Fee waiver. 

    The president of a state university, community college, or 
 technical college may waive the fee assessed to a student 
 applying for admission, if the president determines that the fee 
 would impose an economic hardship on the student or the 
 student's family. 

    HIST: 1995 c 212 art 2 s 2 

     135A.045 Postsecondary systems. 

    Each postsecondary governing board shall report on any 
 petroleum tank release cleanup fund reimbursements as part of 
 each biennial budget request.  The board shall specify its costs 
 in relation to any tank removal, replacement, and cleanup and 
 shall identify all petroleum tank release cleanup fund 
 reimbursements it received or assigned and the specific activity 
 for which the reimbursement or assignment was made.  The board 
 must place all reimbursements it receives into its capital 
 repair and betterment account. 

    HIST: 1994 c 643 s 64; 1995 c 254 art 1 s 96 

     135A.046 Higher education asset preservation and 
  replacement. 

    Subdivision 1.    Purpose.  The legislature recognizes 
 that postsecondary governing boards operate campus physical 
 plants that in number, size, and programmatic use differ 
 significantly from the physical plants operated by state 
 departments and agencies.  However, the legislature recognizes 
 the need for standards to aid in categorizing and funding 
 capital projects.  The purpose of this section is to provide 
 standards for those higher education projects that are intended 
 to preserve and replace existing campus facilities. 

    Subd. 2.    Standards.  Capital budget expenditures for 
 Higher Education Asset Preservation and Replacement (HEAPR) 
 projects must be for one or more of the following:  code 
 compliance including health and safety, Americans with 
 Disabilities Act requirements, hazardous material abatement, 
 access improvement, or air quality improvement; or building or 
 infrastructure repairs necessary to preserve the interior and 
 exterior of existing buildings; or renewal to support the 
 existing programmatic mission of the campuses.  Up to ten 
 percent of an appropriation awarded under this section may be 
 used for design costs for projects eligible to be funded from 
 this account in anticipation of future funding from the account. 

    Subd. 3.    Reporting priorities.  Each postsecondary 
 governing board shall establish priorities within its Higher 
 Education Asset Preservation and Replacement projects.  By 
 January 15 of each year, it shall submit to the commissioner of 
 finance and to the chairs of the higher education finance 
 divisions, the senate Finance Committee, and the house of 
 representatives Capital Investment Committee a list of the 
 projects that have been paid for with money from a higher 
 education asset preservation and replacement appropriation 
 during the preceding calendar year as well as a list of those 
 priority projects for which Higher Education Asset Preservation 
 and Replacement appropriations will be sought in that year's 
 legislative session. 

    HIST: 1994 c 643 s 65; 1996 c 463 s 41; 2002 c 393 s 53 

  135A.05 Expired; Repealed, 1994 c 532 art 3 s 9 

ACADEMICS; PROGRAMS; MISSIONS

     135A.051 Program requirements. 

    Subdivision 1.    Extended time.  A student shall be 
 entitled to complete a program according to the requirements in 
 effect at the time the student began the program for 12 months 
 beyond the time usually required to complete a program.  

    Subd. 2.    Program terminated.  The provisions of this 
 section do not apply to a program or course which is 
 discontinued by an institution.  

    Subd. 3.    Applicability.  The provisions of this 
 section apply to a student enrolled in a technical college, 
 community college, state university, and the University of 
 Minnesota.  

    HIST: 1983 c 166 s 2; 1987 c 258 s 12; 1989 c 246 s 2 

     135A.052 Postsecondary missions. 

    Subdivision 1.    Statement of missions.  The 
 legislature recognizes each type of public postsecondary 
 institution to have a distinctive mission within the overall 
 provision of public higher education in the state and a 
 responsibility to cooperate with each other.  These missions are 
 as follows: 

    (1) the technical colleges shall offer vocational training 
 and education to prepare students for skilled occupations that 
 do not require a baccalaureate degree; 

    (2) the community colleges shall offer lower division 
 instruction in academic programs, occupational programs in which 
 all credits earned will be accepted for transfer to a 
 baccalaureate degree in the same field of study, and remedial 
 studies, for students transferring to baccalaureate institutions 
 and for those seeking associate degrees; 

    (3) consolidated community technical colleges shall offer 
 the same types of instruction, programs, certificates, diplomas, 
 and degrees as the technical colleges and community colleges 
 offer; 

    (4) the state universities shall offer undergraduate and 
 graduate instruction through the master's degree, including 
 specialist certificates, in the liberal arts and sciences and 
 professional education, and may offer applied doctoral degrees 
 in education, business, psychology, physical therapy, audiology, 
 and nursing; and 

    (5) the University of Minnesota shall offer undergraduate, 
 graduate, and professional instruction through the doctoral 
 degree, and shall be the primary state supported academic agency 
 for research and extension services. 

    It is part of the mission of each system that within the 
 system's resources the system's governing board and chancellor 
 or president shall endeavor to: 

    (a) prevent the waste or unnecessary spending of public 
 money; 

    (b) use innovative fiscal and human resource practices to 
 manage the state's resources and operate the system as 
 efficiently as possible; 

    (c) coordinate the system's activities wherever appropriate 
 with the activities of the other system and governmental 
 agencies; 

    (d) use technology where appropriate to increase system 
 productivity, improve customer service, increase public access 
 to information about the system, and increase public 
 participation in the business of the system; 

    (e) utilize constructive and cooperative labor-management 
 practices to the extent otherwise required by chapters 43A and 
 179A; and 

    (f) recommend to the legislature appropriate changes in law 
 necessary to carry out the mission of the system. 

    Subd. 2. Repealed, 1995 c 212 art 3 s 60 

    Subd. 3. Repealed, 1995 c 212 art 3 s 60 

    HIST: 1991 c 356 art 2 s 1; 1995 c 248 art 11 s 10; 1997 c 183 
 art 3 s 10; 2005 c 107 art 2 s 3 

     135A.053 State higher education policy. 

    Subdivision 1.    Statewide objectives.  Minnesota's 
 higher education investment is made in pursuit of the following 
 objectives: 

    (1) to ensure quality - to provide a level of excellence 
 that is competitive on a national and international level, 
 through high quality teaching, scholarship, and learning in a 
 broad range of arts and sciences, technical education, and 
 professional fields; 

    (2) to foster student success - to enable and encourage 
 students to choose institutions and programs that are best 
 suited for their talents and abilities, and to provide an 
 educational climate that supports students in pursuing their 
 goals and aspirations; 

    (3) to promote democratic values - to enhance Minnesota's 
 quality of life by developing understanding and appreciation of 
 a free and diverse society; 

    (4) to maintain access - to provide an opportunity for all 
 Minnesotans, regardless of personal circumstances, to 
 participate in higher education; and 

    (5) to enhance the economy - to assist the state in being 
 competitive in the world market, and to prepare a highly skilled 
 and adaptable workforce that meets Minnesota's opportunities and 
 needs. 

    Subd. 2.    Performance and accountability.  Higher 
 education systems and campuses are expected to achieve the 
 objectives in subdivision 1 and will be held accountable for 
 doing so.  The legislature is increasing the flexibility of the 
 systems and campuses to provide greater responsibility to higher 
 education in deciding how to achieve statewide objectives, and 
 to decentralize authority so that those decisions can be made at 
 the level where the education is delivered.  To demonstrate 
 their accountability, the legislature expects each system and 
 campus to measure and report on its performance, using 
 meaningful indicators that are critical to achieving the 
 objectives in subdivision 1, as provided in section 135A.033.  
 Nothing in this section precludes a system or campus from 
 determining its own objectives and performance measures beyond 
 those identified in this section.  

    HIST: 1996 c 398 s 27 

    135A.06 Subdivision 1. Repealed, 1Sp2001 c 1 art 2 s 
 29 

    Subd. 2. Repealed, 1994 c 532 art 2 s 19 

    Subd. 3. Repealed, 1994 c 532 art 2 s 19 

    Subd. 4. Repealed, 1994 c 532 art 2 s 19 

    Subd. 5. Repealed, 1994 c 532 art 2 s 19 

    Subd. 6. Repealed, 1994 c 532 art 2 s 19 

  135A.061 Repealed, 1994 c 532 art 2 s 19 

  135A.07 Repealed, 1Sp1985 c 11 s 81 

     135A.08 Credit transfer. 

    Subdivision 1.    Course equivalency.  The regents of 
 the University of Minnesota and the trustees of the Minnesota 
 State Colleges and Universities shall develop and maintain 
 course equivalency guides for use between institutions that have 
 a high frequency of transfer.  Course equivalency guides shall 
 not be required for vocational technical programs that have not 
 been divided into identifiable courses.  The governing boards of 
 private institutions that grant associate and baccalaureate 
 degrees and that have a high frequency of transfer students are 
 requested to participate in developing these guides. 

    Subd. 2.    Common numbering.  The regents of the 
 University of Minnesota and the trustees of the Minnesota State 
 Colleges and Universities shall develop and maintain a common 
 numbering convention to distinguish remedial, lower division, 
 upper division, and graduate level coursework.  The governing 
 boards of private institutions that grant associate and 
 baccalaureate degrees are requested to cooperate in the 
 development of this numbering convention. 

    Subd. 3. Repealed, 1995 c 212 art 3 s 60 

    HIST: 1Sp1985 c 11 s 19; 1990 c 375 s 3; 1995 c 212 art 3 s 
 3,4 

  135A.081 Repealed, 1Sp2001 c 6 art 2 s 78 

  135A.09 Repealed, 1995 c 212 art 3 s 60 

    135A.10 Subdivision 1. Repealed, 1996 c 310 s 1 

    Subd. 2. Repealed, 1991 c 265 art 11 s 26 

     135A.101 Postsecondary enrollment options. 

    Subdivision 1.    Requirements for participation.  To 
 participate in the postsecondary enrollment options program, a 
 college or university must abide by the provisions in this 
 section.  The institution may provide information about its 
 programs to a secondary school or to a pupil or parent, but may 
 not recruit or solicit participation on financial grounds. 

    Subd. 2.    Prohibition.  An institution shall not 
 enroll secondary pupils, for postsecondary enrollment options 
 purposes, in developmental courses or other courses that are not 
 college level.  For the purposes of this section, a 
 "developmental course" means a postsecondary course taken to 
 prepare a student for college-level work and for which the 
 postsecondary institution does not grant credit or which cannot 
 be used to meet degree, diploma, or certificate requirements. 

    HIST: 1995 c 212 art 2 s 3 

  135A.11 Repealed, 1995 c 212 art 3 s 60 

     135A.12 Unique needs and abilities of American Indian 
  people. 

    Subdivision 1.    Applicability.  This section applies 
 to each public postsecondary governing board and each public 
 postsecondary institution. 

    Subd. 2.    Programs and services.  The board of each 
 institution, at the request of ten or more full-time American 
 Indian students, shall establish an advisory committee, in 
 consultation with tribal designated representatives.  The 
 advisory committee shall recommend instructional programs and 
 student services to meet the unique needs of American Indian 
 people. 

    Subd. 3.    American Indian languages.  A student who is 
 proficient in an American Indian language shall have the 
 opportunity to be assessed, placed, or to receive credit for 
 skills in that language in the same manner that a student is 
 assessed, placed, or receives credit for skills in languages 
 other than the English language. 

    Subd. 4.    Qualifications for American Indian studies and 
 services.  American Indian individuals who understand and have 
 demonstrated knowledge of American Indian language, history, or 
 culture may be considered to be competent to provide instruction 
 in American Indian language, history, or culture programs.  
 Qualifications to provide noninstructional services at 
 postsecondary institutions for American Indian people must take 
 into consideration knowledge of and understanding of American 
 Indian language, history, or culture.  

    Subd. 5. Repealed, 1995 c 212 art 3 s 60 

    HIST: 1988 c 703 art 1 s 11; 1989 c 246 s 2; 1995 c 212 art 3 
 s 6 

MISCELLANEOUS

     135A.13 Student services prices. 

    The governing board of each public postsecondary system is 
 requested to establish prices for goods and services sold 
 through student services that approximate as nearly as possible 
 the cost of providing quality goods and services. 

    HIST: 1988 c 703 art 1 s 12 

     135A.131 Local assessment. 

    Each public postsecondary governing board may pay when due 
 any assessment by a local unit of government that is less than 
 five percent of the board's appropriation for repair and 
 replacement. 

    HIST: 1991 c 356 art 3 s 6 

     135A.14 Statement of immunization of postsecondary 
  students. 

    Subdivision 1.    Definitions.  As used in this section, 
 the following terms have the meanings given them.  

    (a) "Administrator" means the administrator of the 
 institution or other person with general control and supervision 
 of the institution. 

    (b) "Public or private postsecondary educational 
 institution" or "institution" means any of the following 
 institutions having an enrollment of more than 100 persons 
 during any quarter, term, or semester during the preceding 
 year:  (1) the University of Minnesota; (2) the state 
 universities; (3) the state community colleges; (4) public 
 technical colleges; (5) private four-year, professional and 
 graduate institutions; (6) private two-year colleges; and (7) 
 schools subject to either chapter 141, sections 136A.61 to 
 136A.71, or schools exempt under section 136A.657, and which 
 offer educational programs within the state for an academic year 
 greater than six consecutive months.  An institution's report to 
 the Minnesota Higher Education Services Office or the Minnesota 
 Department of Education may be considered when determining 
 enrollment. 

    (c) "Student" means a person born after 1956 who did not 
 graduate from a Minnesota high school in 1997 or later, and who 
 is (1) registering for more than one class during a full 
 academic term, such as a quarter or a semester or (2) housed on 
 campus and is registering for one or more classes.  Student does 
 not include persons enrolled in extension classes only or 
 correspondence classes only. 

    Subd. 2.    Statement of immunization required.  Except 
 as provided in subdivision 3, no student may remain enrolled in 
 a public or private postsecondary educational institution unless 
 the student has submitted to the administrator a statement that 
 the student has received appropriate immunization against 
 measles, rubella, and mumps after having attained the age of 12 
 months, and against diphtheria and tetanus within ten years of 
 first registration at the institution.  This statement must 
 indicate the month and year of each immunization given.  Instead 
 of submitting a statement, a student may provide an immunization 
 record maintained by a school according to section 121A.15, 
 subdivision 7, or a school in another state if the required 
 information is contained in the record.  A student who has 
 submitted a statement as provided in this subdivision may 
 transfer to a different Minnesota institution without submitting 
 another statement if the student's transcript or other official 
 documentation indicates that the statement was submitted. 

    Subd. 3.    Exemptions from immunization.  (a) An 
 immunization listed in subdivision 2 is not required if the 
 student submits to the administrator a statement signed by a 
 physician that shows:  

    (1) that, for medical reasons, the student did not receive 
 an immunization; 

    (2) that the student has experienced the natural disease 
 against which the immunization protects; or 

    (3) that a laboratory has confirmed the presence of 
 adequate immunity. 

    (b) If the student submits a notarized statement that the 
 student has not been immunized as required in subdivision 2 
 because of the student's conscientiously held beliefs, the 
 immunizations described in subdivision 2 are not required.  The 
 institution shall forward this statement to the commissioner of 
 health.  

    Subd. 4.    Immunization files required.  The 
 institution must maintain an immunization record for each 
 student governed by this section for at least one year from the 
 time of original filing.  The immunization records may be 
 inspected by the Department of Health and the local board of 
 health in whose jurisdiction the institution is located.  

    Subd. 5.    Deadline for submitting statement.  The 
 institution shall require that the statement from the student, 
 as required within subdivision 2 or 3, be submitted within 45 
 days of commencement of the academic term for which the student 
 has registered. 

    Subd. 6.    Hepatitis information.  All public and 
 private postsecondary education institutions shall provide 
 information regarding the transmission, treatment, and 
 prevention of hepatitis A, B, and C, to all persons who are 
 first-time enrollees.  The Department of Health shall be 
 consulted regarding the preparation of these materials. 

    Subd. 6a.    Meningitis information.  Each public and 
 private postsecondary institution shall provide information on 
 the risks of meningococcal disease and on the availability and 
 effectiveness of any vaccine to each individual who is a 
 first-time enrollee and who resides in on-campus student 
 housing.  The institution may provide the information in an 
 electronic format.  The institution must consult with the 
 Department of Health on the preparation of the informational 
 materials provided under this subdivision. 

    Subd. 7.    Modifications to schedule.  (a) The 
 commissioner of health may adopt modifications to the 
 immunization requirements of this section.  A proposed 
 modification made under this subdivision must be part of the 
 current immunization recommendations of each of the following 
 organizations:  the United States Public Health Service's 
 Advisory Committee on Immunization Practices, the American 
 Academy of Family Physicians, and the American Academy of 
 Pediatrics.  In proposing a modification to the immunization 
 schedule, the commissioner must: 

    (1) consult with the commissioner of education; the 
 commissioner of human services; the chancellor of the Minnesota 
 State Colleges and Universities; and the president of the 
 University of Minnesota; and 

    (2) consider the following criteria:  the epidemiology of 
 the disease, the morbidity and mortality rates for the disease, 
 the safety and efficacy of the vaccine, the cost of a 
 vaccination program, the cost of enforcing vaccination 
 requirements, and a cost-benefit analysis of the vaccination. 

    (b) Before a proposed modification may be adopted, the 
 commissioner must notify the chairs of the house and senate 
 committees with jurisdiction over health policy issues.  If the 
 chairs of the relevant standing committees determine a public 
 hearing regarding the proposed modifications is in order, the 
 hearing must be scheduled within 60 days of receiving notice 
 from the commissioner.  If a hearing is scheduled, the 
 commissioner may not adopt any proposed modifications until 
 after the hearing is held.  

    (c) The commissioner shall comply with the requirements of 
 chapter 14 regarding the adoption of any proposed modifications 
 to the immunization schedule.  

    (d) In addition to the publication requirements of chapter 
 14, the commissioner of health must inform all immunization 
 providers of any adopted modifications to the immunization 
 schedule in a timely manner. 

    HIST: 1989 c 215 s 8; 1989 c 246 s 2; 1995 c 212 art 3 s 59; 
 1Sp1995 c 3 art 16 s 13; 1996 c 398 s 28; 1998 c 397 art 11 s 3; 
 1999 c 214 art 2 s 2; 1Sp2001 c 9 art 1 s 26; 2002 c 379 art 1 s 
 113; 2003 c 130 s 12; 2003 c 133 art 2 s 2 

     135A.15 Sexual harassment and violence policy. 

    Subdivision 1.    Policy required.  The Board of 
 Trustees of the Minnesota State Colleges and Universities shall, 
 and the University of Minnesota is requested to, adopt a clear, 
 understandable written policy on sexual harassment and sexual 
 violence that informs victims of their rights under the crime 
 victims bill of rights, including the right to assistance from 
 the Crime Victims Reparations Board and the 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 incidents occurring on property 
 owned by the postsecondary system or institution in which the 
 victim is a student or employee of that system or institution.  
 It must include procedures for reporting incidents of sexual 
 harassment or sexual violence and for disciplinary actions 
 against violators.  During student registration, each technical 
 college, community college, or state university shall, and the 
 University of Minnesota is requested to, provide each student 
 with information regarding its policy.  A copy of the policy 
 also shall be posted at appropriate locations on campus at all 
 times.  Each private postsecondary institution that is an 
 eligible institution as defined in section 136A.101, subdivision 
 4, must adopt a policy that meets the requirements of this 
 section.  

    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; 

    (3) an investigation and resolution of a sexual assault 
 complaint by campus disciplinary authorities; 

    (4) a sexual assault victim's participation in and the 
 presence of the victim's attorney or other support person at any 
 campus disciplinary proceeding concerning a sexual assault 
 complaint; 

    (5) 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; 

    (6) 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; 

    (7) the assistance of campus authorities in preserving for 
 a sexual assault complainant or victim materials relevant to a 
 campus disciplinary proceeding; and 

    (8) 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 feasible.  

    HIST: 1989 c 293 s 15; 1992 c 571 art 5 s 1; 1995 c 212 art 3 
 s 7; 2002 c 220 art 7 s 8 

     135A.153 Higher Education Center on Violence and Abuse. 

    Subdivision 1.    Creation and designation.  The Higher 
 Education Center on Violence and Abuse is created.  The Higher 
 Education Center on Violence and Abuse shall be located at and 
 managed by a public or private postsecondary institution in 
 Minnesota.  

    Subd. 2. Repealed, 1995 c 212 art 3 s 60 

    Subd. 3.    Duties.  The Higher Education Center on 
 Violence and Abuse shall: 

    (1) serve as a clearinghouse of information on curriculum 
 models and other resources for professional education and for 
 education of faculty, students, and staff about violence and 
 harassment required under Laws 1992, chapter 571, article 16, 
 section 1; 

    (2) sponsor conferences and research to assist higher 
 education institutions in developing curricula about violence 
 and abuse; 

    (3) fund pilot projects to stimulate multidisciplinary 
 curricula about violence and abuse; and 

    (4) coordinate policies to ensure that professions and 
 occupations with responsibilities toward victims and offenders 
 have the knowledge and skills needed to prevent and respond 
 appropriately to the problems of violence and abuse. 

    Subd. 4.    Professional education and licensure.  The 
 center shall convene task forces for professions that work with 
 victims and perpetrators of violence.  Task forces must be 
 formed for the following professions:  teachers, school 
 administrators, guidance counselors, law enforcement officers, 
 lawyers, physicians, nurses, psychologists, and social workers.  
 Each task force must include representatives of the licensing 
 agency, higher education systems offering programs in the 
 profession, appropriate professional associations, students or 
 recent graduates, representatives of communities served by the 
 profession, and employers or experienced professionals.  The 
 center must establish guidelines for the work of the task 
 forces.  Each task force must review current programs, licensing 
 regulations and examinations, and accreditation standards to 
 identify specific needs and plans for ensuring that 
 professionals are adequately prepared and updated on violence 
 and abuse issues. 

    Subd. 5.    Progress report.  The center shall provide a 
 progress report to the legislature by March 15, 1996. 

    HIST: 1993 c 326 art 12 s 15; 1995 c 212 art 3 s 8,53,54,59 

     135A.155 Hazing policy. 

    The board of trustees of the Minnesota State Colleges and 
 Universities shall, and the University of Minnesota is requested 
 to, adopt a clear, understandable written policy on student 
 conduct, including hazing.  The policy must include procedures 
 for reporting incidents of inappropriate hazing and for 
 disciplinary actions against individual violators and 
 organizations.  The policy shall be made available to students 
 by appropriate means as determined by each institution, which 
 may include publication in a student handbook or other 
 institutional publication, or posting by electronic display on 
 the Internet, and shall be posted at appropriate locations on 
 campus.  A private postsecondary institution that is an eligible 
 institution as defined in section 136A.101, subdivision 4, must 
 adopt a policy that meets the requirements of this section.  

    HIST: 1Sp1997 c 4 art 7 s 41; 1999 c 214 art 2 s 3 

     135A.16 Policy for students with disabilities. 

    Subdivision 1.    Development.  Each public 
 postsecondary governing board shall have a policy to provide 
 for the needs of enrolled or admitted students on its campuses 
 who have disabilities under section 504 of the Rehabilitation 
 Act of 1973, Public Law 93-112.  Governing boards of 
 private postsecondary institutions are requested to develop 
 similar policies. 

    Subd. 2.    Content.  Each policy shall include a list 
 of services each campus must make available to any student who, 
 through a recent assessment, can document a disability.  The 
 following three services must be included in the policy: 

    (1) support, counseling, and information that may include 
 support groups, individual counseling, career counseling and 
 assessment, and referral services; 

    (2) academic assistance services that may include early 
 registration services, early syllabus availability, course 
 selection and program advising, coursework and testing 
 assistance and modification, and tutoring; and 

    (3) advocacy services that may include a designated 
 ombudsman serving as the primary contact and coordinator for 
 students needing services, assistance in working individually 
 with faculty and administrators, intervention procedures, and 
 grievance procedures. 

    Subd. 3.    Availability.  The policy and related 
 information must be readily available to enrolled students and 
 applicants for admission.  At a minimum, information on 
 services, including a contact person and location, must be 
 included in the campus catalog and in the schedule of course 
 offerings each term. 

    HIST: 1991 c 173 s 1 

     135A.165 Deaf students; tuition assistance. 

    (a) For the purpose of this section, a "deaf person" means 
 an individual with a hearing loss of such severity that the 
 individual must depend primarily on visual communication, such 
 as writing, lip reading, manual communication, and gestures. 

    (b) A deaf person, who is a resident student as defined in 
 section 136A.101, subdivision 8, is entitled to tuition 
 assistance for the tuition and fees remaining after deducting 
 any federal or state grants or other public or private grants 
 made to the person for the purpose of paying the tuition and 
 fees at a Minnesota state college or university or the 
 University of Minnesota.  A deaf person must receive either a 
 federal Pell grant or a state grant under section 136A.121 for a 
 term to receive tuition assistance for that term.  

    HIST: 2005 c 107 art 2 s 4 

     135A.17 Provisions to facilitate voting. 

    Subdivision 1.    Identification cards.  All 
 postsecondary institutions that enroll students accepting state 
 or federal financial aid may provide every full-time student a 
 student identification card that contains the enrolling 
 student's photograph and name. 

    Subd. 2.    Residential housing list.  All 
 postsecondary institutions that enroll students accepting state 
 or federal financial aid may prepare a current list of students 
 enrolled in the institution and residing in the institution's 
 housing or within ten miles of the institution's campus.  The 
 list shall include each student's current address.  The list 
 shall be certified and sent to the appropriate county auditor or 
 auditors for use in election day registration as provided under 
 section 201.061, subdivision 3.  

    HIST: 1991 c 227 s 2 

     135A.18 Authorization for agreements. 

    The governing board of a public postsecondary system may 
 enter into an agreement with a school board to provide a 
 nonsectarian course taught by secondary teachers or 
 postsecondary faculty members to an eligible pupil, as defined 
 in section 124D.09, subdivision 5, and offered at a secondary 
 school or another location.  

    HIST: 1992 c 499 art 9 s 14; 1998 c 397 art 11 s 3 

  135A.181 Repealed, 1995 c 212 art 2 s 4 

     135A.19 Financial emergency. 

    The Board of Trustees of the Minnesota State Colleges and 
 Universities and the Board of Regents of the University of 
 Minnesota may immediately lay off employees, without notice, if 
 the respective board has declared a financial emergency.  All 
 other contractual provisions relating to layoffs continue to 
 apply.  A financial emergency may be declared if, at any time:  
 (1) the projected revenue for the system from tuition and the 
 general fund for the current or next fiscal year is less than 93 
 percent of the anticipated expenditures in the board approved 
 budget, and (2) if tuition would need to be increased more than 
 three times the annual inflation rate to solve the shortfall. 

    For employees of the Minnesota State Colleges and 
 Universities covered under a collective bargaining agreement, 
 this section applies to all collective bargaining agreements 
 effective after July 1, 1995, and shall be effective for each 
 collective bargaining agreement covering those employees the day 
 after it has been ratified by the Legislative Commission on 
 Employee Relations.  For represented employees of the University 
 of Minnesota, this section applies the day following signing of 
 the next agreement.  For employees not covered by a collective 
 bargaining agreement, this section is effective July 1, 1995.  
 The Board of Trustees of the Minnesota State Colleges and 
 Universities and the Board of Regents of the University of 
 Minnesota shall balance layoffs of faculty, other employees, and 
 administrators.  The boards should strive to provide 
 uninterrupted service and instruction to students. 

    HIST: 1995 c 212 art 2 s 5 

MIDWESTERN HIGHER EDUCATION COMPACT

     135A.20 Midwestern Higher Education Compact. 

    The Midwestern Higher Education Compact is enacted into law 
 and entered into with all jurisdictions legally joining therein 
 in the form substantially as follows: 

                            ARTICLE I 

                             Purpose 

    The purpose of the Midwestern Higher Education Compact 
 shall be to provide greater higher education opportunities and 
 services in the Midwestern region, with the aim of furthering 
 regional access to, research in and choice of higher education 
 for the citizens residing in the several states which are 
 parties to this compact. 

                            ARTICLE II 

                          The Commission 

    (A) The compacting states hereby create the Midwestern 
 Higher Education Commission, hereinafter called the commission.  
 The commission shall be a body corporate of each compacting 
 state.  The commission shall have all the responsibilities, 
 powers and duties set forth herein, including the power to sue 
 and be sued, and such additional powers as may be conferred upon 
 it by subsequent action of the respective legislatures of the 
 compacting states in accordance with the terms of this compact. 

    (B) The commission shall consist of five resident members 
 of each state as follows:  the governor or the governor's 
 designee who shall serve during the tenure of office of the 
 governor; two legislators, one from each house (except Nebraska, 
 which may appoint two legislators from its unicameral 
 legislature), who shall serve two-year terms and be appointed by 
 the appropriate appointing authority in each house of the 
 legislature; and two other at-large members, at least one of 
 whom shall be selected from the field of higher education.  The 
 at-large members shall be appointed in a manner provided by the 
 laws of the appointing state.  One of the two at-large members 
 initially appointed in each state shall serve a two-year term.  
 The other, and any regularly appointed successor to either 
 at-large member, shall serve a four-year term.  All vacancies 
 shall be filled in accordance with the laws of the appointing 
 states.  Any commissioner appointed to fill a vacancy shall 
 serve until the end of the incomplete term. 

    (C) The commission shall select annually, from among its 
 members, a chair, a vice-chair and a treasurer. 

    (D) The commission shall appoint an executive director who 
 shall serve at its pleasure and who shall act as secretary to 
 the commission.  The treasurer, the executive director and such 
 other personnel as the commission may determine, shall be bonded 
 in such amounts as the commission may require.  

    (E) The commission shall meet at least once each calendar 
 year.  The chair may call additional meetings and, upon the 
 request of a majority of the commission members of three or more 
 compacting states, shall call additional meetings.  Public 
 notice shall be given of all meetings and meetings shall be open 
 to the public. 

    (F) Each compacting state represented at any meeting of the 
 commission is entitled to one vote.  A majority of the 
 compacting states shall constitute a quorum for the transaction 
 of business, unless a larger quorum is required by the bylaws of 
 the commission.  

                           ARTICLE III 

               Powers and Duties of the Commission 

    (A) The commission shall adopt a seal and suitable bylaws 
 governing its management and operations. 

    (B) Irrespective of the civil service, personnel or other 
 merit system laws of any of the compacting states, the 
 commission in its bylaws shall provide for the personnel 
 policies and programs of the compact. 

    (C) The commission shall submit a budget to the governor 
 and legislature of each compacting state at such time and for 
 such period as may be required.  The budget shall contain 
 specific recommendations of the amount or amounts to be 
 appropriated by each of the compacting states. 

    (D) The commission shall report annually to the 
 legislatures and governors of the compacting states, to the 
 Midwestern Governors' Conference and to the Midwestern 
 Legislative Conference of the Council of State Governments 
 concerning the activities of the commission during the preceding 
 year.  Such reports shall also embody any recommendations that 
 may have been adopted by the commission.  

    (E) The commission may borrow, accept, or contract for the 
 services of personnel from any state or the United States or any 
 subdivision or agency thereof, from any interstate agency, or 
 from any institution, foundation, person, firm or corporation. 

    (F) The commission may accept for any of its purposes and 
 functions under the compact, any and all donations and grants of 
 money, equipment, supplies, materials and services (conditional 
 or otherwise) from any state or the United States or any 
 subdivision or agency thereof, or interstate agency, or from any 
 institution, foundation, person, firm, or corporation, and may 
 receive, utilize and dispose of the same. 

    (G) The commission may enter into agreements with any other 
 interstate education organizations or agencies and with higher 
 education institutions located in nonmember states and with any 
 of the various states of these United States to provide adequate 
 programs and services in higher education for the citizens of 
 the respective compacting states.  The commission shall, after 
 negotiations with interested institutions and interstate 
 organizations or agencies, determine the cost of providing the 
 programs and services in higher education for use in these 
 agreements. 

    (H) The commission may establish and maintain offices, 
 which shall be located within one or more of the compacting 
 states. 

    (I) The commission may establish committees and hire staff 
 as it deems necessary for the carrying out of its functions. 

    (J) The commission may provide for actual and necessary 
 expenses for attendance of its members at official meetings of 
 the commission or its designated committees.  

                            ARTICLE IV 

                   Activities of the Commission 

    (A) The commission shall collect data on the long-range 
 effects of the compact on higher education.  By the end of the 
 fourth year from the effective date of the compact and every two 
 years thereafter, the commission shall review its 
 accomplishments and make recommendations to the governors and 
 legislatures of the compacting states on the continuance of the 
 compact. 

    (B) The commission shall study issues in higher education 
 of particular concern to the Midwestern region.  The commission 
 shall also study the needs for higher education programs and 
 services in the compacting states and the resources for meeting 
 such needs.  The commission shall, from time to time, prepare 
 reports on such research for presentation to the governors and 
 legislatures of the compacting states and other interested 
 parties.  In conducting such studies, the commission may confer 
 with any national or regional planning body.  The commission may 
 draft and recommend to the governors and legislatures of the 
 various compacting states suggested legislation dealing with 
 problems of higher education. 

    (C) The commission shall study the need for provision of 
 adequate programs and services in higher education, such as 
 undergraduate, graduate or professional student exchanges in the 
 region.  If a need for exchange in a field is apparent, the 
 commission may enter into such agreements with any higher 
 education institution and with any of the compacting states to 
 provide programs and services in higher education for the 
 citizens of the respective compacting states.  The commission 
 shall, after negotiations with interested institutions and the 
 compacting states, determine the cost of providing the programs 
 and services in higher education for use in its agreements.  The 
 contracting states shall contribute the funds not otherwise 
 provided, as determined by the commission, for carrying out the 
 agreements.  The commission may also serve as the administrative 
 and fiscal agent in carrying out agreements for higher education 
 programs and services. 

    (D) The commission shall serve as a clearinghouse on 
 information regarding higher education activities among 
 institutions and agencies. 

    (E) In addition to the activities of the commission 
 previously noted, the commission may provide services and 
 research in other areas of regional concern. 

                            ARTICLE V 

                             Finance 

    (A) The monies necessary to finance the general operations 
 of the commission not otherwise provided for in carrying forth 
 its duties, responsibilities and powers as stated herein shall 
 be appropriated to the commission by the compacting states, when 
 authorized by the respective legislatures, by equal 
 apportionment among the compacting states. 

    (B) The commission shall not incur any obligations of any 
 kind prior to the making of appropriations adequate to meet the 
 same; nor shall the commission pledge the credit of any of the 
 compacting states, except by and with the authority of the 
 compacting state. 

    (C) The commission shall keep accurate accounts of all 
 receipts and disbursements.  The receipts and disbursements of 
 the commission shall be subject to the audit and accounting 
 procedures established under its bylaws.  However, all receipts 
 and disbursements of funds handled by the commission shall be 
 audited yearly by a certified or licensed public accountant and 
 the report of the audit shall be included in and become part of 
 the annual report of the commission.  

    (D) The accounts of the commission shall be open at any 
 reasonable time for inspection by duly authorized 
 representatives of the compacting states and persons authorized 
 by the commission.  

                            ARTICLE VI

              Eligible Parties and Entry Into Force

    (A) The states of Illinois, Indiana, Iowa, Kansas, 
 Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, 
 South Dakota, and Wisconsin shall be eligible to become party to 
 this compact.  Additional states will be eligible if approved by 
 a majority of the compacting states. 

    (B) As to any eligible party state, this compact shall 
 become effective when its legislature shall have enacted the 
 same into law; provided that it shall not become initially 
 effective until enacted into law by five states prior to the 
 31st day of December 1995. 

    (C) Amendments to the compact shall become effective upon 
 their enactment by the legislatures of all compacting states. 

                           ARTICLE VII

               Withdrawal, Default, and Termination

    (A) Any compacting state may withdraw from this compact by 
 enacting a statute repealing the compact, but such withdrawal 
 shall not become effective until two years after the enactment 
 of such statute.  A withdrawing state shall be liable for any 
 obligations which it may have incurred on account of its party 
 status up to the effective date of withdrawal, except that if 
 the withdrawing state has specifically undertaken or committed 
 itself to any performance of an obligation extending beyond the 
 effective date of withdrawal, it shall remain liable to the 
 extent of such obligation. 

    (B) If any compacting state shall at any time default in 
 the performance of any of its obligations, assumed or imposed, 
 in accordance with the provisions of this compact, all rights, 
 privileges and benefits conferred by this compact or agreements 
 hereunder shall be suspended from the effective date of such 
 default as fixed by the commission, and the commission shall 
 stipulate the conditions and maximum time for compliance under 
 which the defaulting state may resume its regular status.  
 Unless such default shall be remedied under the stipulations and 
 within the time period set forth by the commission, this compact 
 may be terminated with respect to such defaulting state by 
 affirmative vote of a majority of the other member states.  Any 
 such defaulting state may be reinstated by performing all acts 
 and obligations as stipulated by the commission.  

                           ARTICLE VIII

                  Severability and Construction

    The provisions of this compact entered into hereunder shall 
 be severable and if any phrase, clause, sentence or provision of 
 this compact is declared to be contrary to the constitution of 
 any compacting state or of the United States or the 
 applicability thereof to any government, agency, person or 
 circumstance is held invalid, the validity of the remainder of 
 this compact and the applicability thereof to any government, 
 agency, person or circumstance shall not be affected thereby.  
 If this compact entered into hereunder shall be held contrary to 
 the constitution of any compacting state, the compact shall 
 remain in full force and effect as to the remaining states and 
 in full force and effect as to the state affected as to all 
 severable matters.  The provisions of this compact entered into 
 pursuant hereto shall be liberally construed to effectuate the 
 purposes thereof. 

    HIST: 1990 c 518 s 1 

     135A.21 Members of commission. 

    Minnesota members of the Midwestern Higher Education 
 Commission must be appointed as provided in this section.  One 
 legislative member must be a member of the house of 
 representatives appointed by the speaker of the house for a 
 two-year term; one legislative member must be a member of the 
 senate appointed by the Subcommittee on Committees of the Rules 
 and Administration Committee for a two-year term.  Two at-large 
 members, at least one of whom must be selected from the field of 
 higher education, must be appointed by the governor.  One 
 at-large member must be appointed to a two-year term; one 
 at-large member, and any regularly appointed successor to either 
 at-large position, must be appointed to a four-year term.  
 Vacancies must be filled by the appointing authority for the 
 remainder of the unexpired term. 

    HIST: 1990 c 518 s 2 

     135A.22 Effect on reciprocity. 

    The enactment of the Midwestern Higher Education Compact 
 has no effect on tuition reciprocity agreements under section 
 136A.08 that exist at the time of enactment. 

    HIST: 1990 c 518 s 3 

ACADEMIC EXCELLENCE SCHOLARSHIPS

     135A.30 Minnesota academic excellence scholarship. 

    Subdivision 1.    Creation.  The Minnesota academic 
 excellence scholarship program is created to reward students who 
 have demonstrated outstanding ability, achievement, and 
 potential in one of the following subjects:  English/creative 
 writing, fine arts, foreign language, math, science, or social 
 science. 

    Subd. 2.    Eligibility.  To be eligible to receive a 
 scholarship under this section, a student must: 

    (1) graduate from a Minnesota public or nonpublic high 
 school in the academic year in which the scholarship is awarded; 

    (2) successfully complete a college preparatory curriculum 
 and demonstrate outstanding ability, achievement, and potential 
 in one of the specified subjects; 

    (3) be admitted to enroll full time in a nonsectarian, 
 baccalaureate degree-granting program at the University of 
 Minnesota or at a Minnesota state university, or at a Minnesota 
 private, baccalaureate degree-granting college or university; 
 and 

    (4) pursue studies in the subject for which the award is 
 made. 

    Subd. 3.    Selection of recipients.  The governing 
 board of an eligible institution shall determine, in 
 consultation with its campuses, application dates and 
 procedures, criteria to be considered, and methods of selecting 
 students to receive scholarships.  A campus, with the approval 
 of its governing board, may award a scholarship in any field of 
 study.  

    Subd. 4.    Amount of scholarship.  The amount of the 
 scholarship may be (1) at public institutions, up to the cost of 
 tuition and fees for full-time attendance for one academic year, 
 or (2) at private institutions, an amount up to the lesser of 
 the actual tuition and fees charged by the institution or the 
 tuition and fees in comparable public institutions.  
 Scholarships awarded under this section must not be considered 
 in determining a student's financial need as provided in section 
 136A.101, subdivision 5. 

    Subd. 5.    Renewals.  The scholarship may be renewed 
 yearly, for up to three additional academic years, if the 
 student: 

    (1) maintains full-time enrollment with a grade point 
 average of at least 3.0 on a four point scale; 

    (2) pursues studies and continues to demonstrate 
 outstanding ability, achievement, and potential in the field for 
 which the award was made; and 

    (3) is achieving satisfactory progress toward a degree.  

    Subd. 6.    Number of awards.  The number of 
 scholarships awarded each year shall be determined by the amount 
 of contributions received under subdivision 8 plus the money 
 available in the scholarship account, as provided in section 
 168.129, subdivision 6, that is credited to a postsecondary 
 institution or system through sales of its license plates.  The 
 number of new awards must be determined after subtracting the 
 actual and projected amount necessary for renewals. 

    Subd. 7.    Distribution among campuses.  Postsecondary 
 systems with more than one campus shall allocate at least 
 three-fourths of the revenue available from the sale of license 
 plates to the campuses to which the revenue is attributable.  
 The governing board annually shall determine the distribution of 
 the remaining portion among the campuses, after consideration of 
 special needs or circumstances. 

    Subd. 8.    Additional contributions.  A postsecondary 
 system or campus may accept contributions, beyond those raised 
 through the sale of license plates, to supplement the campus 
 fund for academic excellence scholarships. 

    HIST: 1991 c 356 art 7 s 1; 2005 c 107 art 2 s 5-7 

  135A.50 Repealed, 1992 c 513 art 1 s 28 

SENIOR CITIZENS HIGHER EDUCATION PROGRAM

     135A.51 Definitions. 

    Subdivision 1.    Scope.  For the purposes of this 
 section and section 135A.52, the following words have the 
 meanings ascribed to them. 

    Subd. 2.    Senior citizen.  "Senior citizen" means a 
 person who has reached 62 years of age before the beginning of 
 any term, semester or quarter, in which a course of study is 
 pursued. 

    Subd. 3.    Course.  "Course" means any course of study 
 offered by a state supported institution of higher education in 
 the regular curriculum of a department, school or subdivision of 
 the institution, or a special course given for any purpose, 
 including, but not limited to, adult education. 

    Subd. 4.    Legal resident.  "Legal resident" means a 
 person who fulfills the residency criteria now or hereafter 
 applicable to students of a state supported institution of 
 higher education. 

    Subd. 5.    Institution of higher education.  
 "Institution of higher education" means a state university, 
 community college, technical college, or the University of 
 Minnesota. 

    HIST: 1975 c 219 s 1; 1975 c 321 s 2; 1987 c 258 s 12; 1989 c 
 246 s 2; 1995 c 212 art 3 s 59 

     135A.52 Program and qualifications. 

    Subdivision 1.    Fees and tuition.  Except for an 
 administration fee established by the governing board at a level 
 to recover costs, to be collected only when a course is taken 
 for credit, a senior citizen who is a legal resident of 
 Minnesota is entitled without payment of tuition or activity 
 fees to attend courses offered for credit, audit any courses 
 offered for credit, or enroll in any noncredit courses in any 
 state supported institution of higher education in Minnesota 
 when space is available after all tuition-paying students have 
 been accommodated.  A senior citizen enrolled under this section 
 must pay any materials, personal property, or service charges 
 for the course.  In addition, a senior citizen who is enrolled 
 in a course for credit must pay an administrative fee in an 
 amount established by the governing board of the institution to 
 recover the course costs.  There shall be no administrative fee 
 charges to a senior citizen auditing a course.  For the purposes 
 of this section and section 135A.51, the term "noncredit 
 courses" shall not include those courses designed and offered 
 specifically and exclusively for senior citizens.  

    The provisions of this section and section 135A.51 do not 
 apply to noncredit courses designed and offered by the 
 University of Minnesota, and the Minnesota State Colleges and 
 Universities specifically and exclusively for senior citizens.  
 Senior citizens enrolled under the provisions of this section 
 and section 135A.51 shall not be included by such institutions 
 in their computation of full-time equivalent students when 
 requesting staff or appropriations.  

    Subd. 2.    Term; income of senior citizens.  (a) Except 
 under paragraph (b), there shall be no limit to the number of 
 terms, quarters or semesters a senior citizen may attend 
 courses, nor income limitation imposed in determining 
 eligibility.  

    (b) A senior citizen enrolled in a closed enrollment 
 contract training or professional continuing education program 
 is not eligible for benefits under subdivision 1. 

    Subd. 3.    Catalogue statement.  Each state supported 
 institution of higher education shall prominently include in its 
 catalogue a statement of benefits provided for senior citizens.  

    Subd. 4.    Determination of qualifications.  The 
 institution shall determine whether a person qualifies for, and 
 require execution of appropriate forms to request, the senior 
 citizen benefits.  

    Subd. 5.    Placement.  The institution shall refer 
 interested senior citizens to social service, community, and 
 educational agencies for employment or volunteer work.  

    HIST: 1975 c 219 s 2-6; 1981 c 194 s 3; 1982 c 548 art 4 s 12; 
 1984 c 654 art 4 s 24; 1987 c 258 s 12; 1989 c 246 s 2; 1995 c 
 212 art 3 s 42,59; 2005 c 107 art 2 s 8,9