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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 124D

Section 124D.09

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124D.09 POSTSECONDARY ENROLLMENT OPTIONS ACT.
    Subdivision 1. Citation. This section may be cited the "Postsecondary Enrollment Options
Act."
    Subd. 2. Purpose. The purpose of this section is to promote rigorous academic pursuits
and to provide a wider variety of options to high school pupils by encouraging and enabling
secondary pupils to enroll full time or part time in nonsectarian courses or programs in eligible
postsecondary institutions, as defined in subdivision 3.
    Subd. 3. Definitions. For purposes of this section, the following terms have the meanings
given to them.
(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by the North Central Association of Colleges and Schools, or
a private, residential, two-year or four-year, liberal arts, degree-granting college or university
located in Minnesota.
(b) "Course" means a course or program.
    Subd. 4. Alternative pupil. "Alternative pupil" means an 11th or 12th grade student not
enrolled in a public school district, and includes students attending nonpublic schools and students
who are home schooled. An alternative pupil is considered a pupil for purposes of this section
only. An alternative pupil must register with the commissioner of education before participating
in the postsecondary enrollment options program. The commissioner shall prescribe the form and
manner of the registration, in consultation with the Nonpublic Education Council under section
123B.445, and may request any necessary information from the alternative pupil.
    Subd. 5. Authorization; notification. Notwithstanding any other law to the contrary, an
11th or 12th grade pupil enrolled in a school or an American Indian-controlled tribal contract or
grant school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in
a district under a cultural exchange program, may apply to an eligible institution, as defined in
subdivision 3, to enroll in nonsectarian courses offered by that postsecondary institution. If an
institution accepts a secondary pupil for enrollment under this section, the institution shall send
written notice to the pupil, the pupil's school or school district, and the commissioner within ten
days of acceptance. The notice must indicate the course and hours of enrollment of that pupil. If
the pupil enrolls in a course for postsecondary credit, the institution must notify the pupil about
payment in the customary manner used by the institution.
    Subd. 6. Counseling. To the extent possible, the school or school district must provide
counseling services to pupils and their parents or guardian before the pupils enroll in courses
under this section to ensure that the pupils and their parents or guardian are fully aware of the
risks and possible consequences of enrolling in postsecondary courses. The school or school
district must provide information on the program including who may enroll, what institutions and
courses are eligible for participation, the decision-making process for granting academic credits,
financial arrangements for tuition, books and materials, eligibility criteria for transportation aid,
available support services, the need to arrange an appropriate schedule, consequences of failing or
not completing a course in which the pupil enrolls, the effect of enrolling in this program on the
pupil's ability to complete the required high school graduation requirements, and the academic
and social responsibilities that must be assumed by the pupils and their parents or guardian. The
person providing counseling shall encourage pupils and their parents or guardian to also use
available counseling services at the postsecondary institutions before the quarter or semester of
enrollment to ensure that anticipated plans are appropriate.
Prior to enrolling in a course, the pupil and the pupil's parents or guardian must sign a form
that must be provided by the school or school district and may be obtained from a postsecondary
institution stating that they have received the information specified in this subdivision and that
they understand the responsibilities that must be assumed in enrolling in this program. The
department must, upon request, provide technical assistance to a school or school district in
developing appropriate forms and counseling guidelines.
    Subd. 7. Dissemination of information; notification of intent to enroll. By March 1 of
each year, a district must provide general information about the program to all pupils in grades 10
and 11. To assist the district in planning, a pupil shall inform the district by March 30 of each year
of the pupil's intent to enroll in postsecondary courses during the following school year. A pupil is
not bound by notifying or not notifying the district by March 30.
    Subd. 8. Limit on participation. A pupil who first enrolls in grade 11 may not enroll in
postsecondary courses under this section for secondary credit for more than the equivalent of two
academic years. A pupil who first enrolls in grade 12 may not enroll in postsecondary courses
under this section for secondary credit for more than the equivalent of one academic year. If a pupil
in grade 11 or 12 first enrolls in a postsecondary course for secondary credit during the school
year, the time of participation shall be reduced proportionately. If a pupil is in a learning year or
other year-round program and begins each grade in the summer session, summer sessions shall not
be counted against the time of participation. A pupil who has graduated from high school cannot
participate in a program under this section. A pupil who has completed course requirements for
graduation but who has not received a diploma may participate in the program under this section.
    Subd. 9. Enrollment priority. A postsecondary institution shall give priority to its
postsecondary students when enrolling 11th and 12th grade pupils in its courses. A postsecondary
institution may provide information about its programs to a secondary school or to a pupil or
parent, but it may not advertise or otherwise recruit or solicit the participation of secondary pupils
to enroll in its programs on financial grounds. An institution must not enroll secondary pupils, for
postsecondary enrollment options purposes, in remedial, developmental, or other courses that are
not college level. Once a pupil has been enrolled in a postsecondary course under this section, the
pupil shall not be displaced by another student.
    Subd. 10. Courses according to agreements. An eligible pupil, according to subdivision
5, may enroll in a nonsectarian course taught by a secondary teacher or a postsecondary faculty
member and offered at a secondary school, or another location, according to an agreement
between a public school board and the governing body of an eligible public postsecondary system
or an eligible private postsecondary institution, as defined in subdivision 3. All provisions of
this section shall apply to a pupil, public school board, district, and the governing body of a
postsecondary institution, except as otherwise provided.
    Subd. 11. Participation in high school activities. Enrolling in a course under this section
shall not, by itself, prohibit a pupil from participating in activities sponsored by the pupil's high
school.
    Subd. 12. Credits. A pupil may enroll in a course under this section for either secondary
credit or postsecondary credit. At the time a pupil enrolls in a course, the pupil shall designate
whether the course is for secondary or postsecondary credit. A pupil taking several courses may
designate some for secondary credit and some for postsecondary credit. A pupil must not audit a
course under this section.
A district shall grant academic credit to a pupil enrolled in a course for secondary credit if
the pupil successfully completes the course. Seven quarter or four semester college credits equal
at least one full year of high school credit. Fewer college credits may be prorated. A district must
also grant academic credit to a pupil enrolled in a course for postsecondary credit if secondary
credit is requested by a pupil. If no comparable course is offered by the district, the district must,
as soon as possible, notify the commissioner, who shall determine the number of credits that shall
be granted to a pupil who successfully completes a course. If a comparable course is offered by
the district, the school board shall grant a comparable number of credits to the pupil. If there is a
dispute between the district and the pupil regarding the number of credits granted for a particular
course, the pupil may appeal the board's decision to the commissioner. The commissioner's
decision regarding the number of credits shall be final.
The secondary credits granted to a pupil must be counted toward the graduation requirements
and subject area requirements of the district. Evidence of successful completion of each course and
secondary credits granted must be included in the pupil's secondary school record. A pupil shall
provide the school with a copy of the pupil's grade in each course taken for secondary credit under
this section. Upon the request of a pupil, the pupil's secondary school record must also include
evidence of successful completion and credits granted for a course taken for postsecondary credit.
In either case, the record must indicate that the credits were earned at a postsecondary institution.
If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully completed
for secondary credit at that institution. Other postsecondary institutions may award, after a pupil
leaves secondary school, postsecondary credit for any courses successfully completed under this
section. An institution may not charge a pupil for the award of credit.
The Board of Trustees of the Minnesota State Colleges and Universities and the Board of
Regents of the University of Minnesota must, and private nonprofit and proprietary postsecondary
institutions should, award postsecondary credit for any successfully completed courses in a
program certified by the National Alliance of Concurrent Enrollment Partnerships offered
according to an agreement under subdivision 10.
    Subd. 13. Financial arrangements. For a pupil enrolled in a course under this section,
the department must make payments according to this subdivision for courses that were taken
for secondary credit.
The department must not make payments to a school district or postsecondary institution
for a course taken for postsecondary credit only. The department must not make payments to a
postsecondary institution for a course from which a student officially withdraws during the first
14 days of the quarter or semester or who has been absent from the postsecondary institution for
the first 15 consecutive school days of the quarter or semester and is not receiving instruction in
the home or hospital.
A postsecondary institution shall receive the following:
(1) for an institution granting quarter credit, the reimbursement per credit hour shall be an
amount equal to 88 percent of the product of the formula allowance minus $415, multiplied by
1.3, and divided by 45; or
(2) for an institution granting semester credit, the reimbursement per credit hour shall be
an amount equal to 88 percent of the product of the general revenue formula allowance minus
$415, multiplied by 1.3, and divided by 30.
The department must pay to each postsecondary institution 100 percent of the amount in
clause (1) or (2) within 30 days of receiving initial enrollment information each quarter or
semester. If changes in enrollment occur during a quarter or semester, the change shall be reported
by the postsecondary institution at the time the enrollment information for the succeeding quarter
or semester is submitted. At any time the department notifies a postsecondary institution that an
overpayment has been made, the institution shall promptly remit the amount due.
    Subd. 14. Grants and financial aid prohibited. A pupil enrolled in a postsecondary course
for secondary credit is not eligible for any state student financial aid under chapter 136A.
    Subd. 15.[Repealed, 1Sp2003 c 9 art 9 s 10]
    Subd. 16. Financial arrangements for courses provided according to agreements. (a) The
agreement between a board and the governing body of a public postsecondary system or private
postsecondary institution shall set forth the payment amounts and arrangements, if any, from the
board to the postsecondary institution. No payments shall be made by the department according
to subdivision 13 or 15. For the purpose of computing state aids for a district, a pupil enrolled
according to subdivision 10 shall be counted in the average daily membership of the district as
though the pupil were enrolled in a secondary course that is not offered in connection with an
agreement. Nothing in this subdivision shall be construed to prohibit a public postsecondary
system or private postsecondary institution from receiving additional state funding that may
be available under any other law.
(b) If a course is provided under subdivision 10, offered at a secondary school, and taught by
a secondary teacher, the postsecondary system or institution must not require a payment from the
school board that exceeds the cost to the postsecondary institution that is directly attributable to
providing that course.
    Subd. 17. Alternative pupils financial arrangements. For an alternative pupil enrolled in a
course or program under this section, the Department of Education shall make payments to the
eligible institution according to subdivision 13. The department shall not make any payments to a
school district for alternative pupils.
    Subd. 18. Tuition at nonpublic secondary institution. A nonpublic secondary institution
must proportionately adjust its tuition to accurately reflect the time an alternative pupil spends in a
postsecondary enrollment course or program.
    Subd. 19. Fees; textbooks; materials. A postsecondary institution that receives
reimbursement for a pupil under subdivision 13 may not charge that pupil for fees, textbooks,
materials, support services as defined in section 135A.16, or other necessary costs of the course
or program in which the pupil is enrolled if the charge would be prohibited under section
123B.37, except for equipment purchased by the pupil that becomes the property of the pupil. An
institution may require the pupil to pay for fees, textbooks, and materials for a course taken for
postsecondary credit.
    Subd. 20. Textbooks; materials. All textbooks and equipment provided to a pupil, and paid
for under subdivision 13, are the property of the pupil's postsecondary institution. Each pupil is
required to return all textbooks and equipment to the postsecondary institution after the course
has ended.
    Subd. 21. Support services. The postsecondary institution must inform the pupil of the
support services available at that institution. If the student has an individual education plan that
provides general education support and accommodations, the postsecondary institution must
provide the support services as described in the student's IEP and the postsecondary institution
and the district shall negotiate an agreement on the rate to be charged for the services. Nothing in
this section shall prevent the student from enrolling while the agreement is being developed. If the
parties cannot agree on the services, on application of either party, the commissioner shall resolve
the dispute in the same manner the commissioner fixes tuition rates under section 125A.11. The
commissioner's decision is binding on both parties.
    Subd. 22. Transportation. A parent or guardian of a pupil enrolled in a course for secondary
credit may apply to the pupil's district of residence for reimbursement for transporting the
pupil between the secondary school in which the pupil is enrolled or the pupil's home and the
postsecondary institution that the pupil attends. The state shall provide state aid to a district in an
amount sufficient to reimburse the parent or guardian for the necessary transportation costs when
the family's or guardian's income is at or below the poverty level, as determined by the federal
government. The reimbursement shall be the pupil's actual cost of transportation or 15 cents per
mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per
week. However, if the nearest postsecondary institution is more than 25 miles from the pupil's
resident secondary school, the weekly reimbursement may not exceed the reimbursement rate
per mile times the actual distance between the secondary school or the pupil's home and the
nearest postsecondary institution times ten. The state must pay aid to the district according to
this subdivision.
    Subd. 23. Exception; intermediate districts. A secondary pupil who is a resident of a
member district of an intermediate district, as defined in section 136D.01, may not enroll in that
intermediate district's vocational program as a postsecondary pupil under this section when the
intermediate district operates a secondary program at a college facility and secondary students
have access to the postsecondary curriculum and receive high school and college credit for
successfully completing the program.
    Subd. 24. Limit; state obligation. The provisions of subdivisions 13, 19, 22, and 23 shall
not apply for any postsecondary courses in which a pupil is enrolled in addition to being enrolled
full time in that pupil's district or for any postsecondary course in which a pupil is enrolled for
postsecondary credit. The pupil is enrolled full time if the pupil attends credit-bearing classes in
the high school or high school program for all of the available hours of instruction.
    Subd. 25. Pupils 40 miles or more from an eligible institution. A pupil who is enrolled in a
secondary school that is located 40 miles or more from the nearest eligible institution may request
that the resident district offer at least one accelerated or advanced academic course within the
resident district in which the pupil may enroll for postsecondary credit. A pupil may enroll in a
course offered under this subdivision for either secondary or postsecondary credit according to
subdivision 12.
A district must offer an accelerated or advanced academic course for postsecondary credit if
one or more pupils requests such a course under this subdivision. The district may decide which
course to offer, how to offer the course, and whether to offer one or more courses. The district
must offer at least one such course in the next academic period and must continue to offer at least
one accelerated or advanced academic course for postsecondary credit in later academic periods.
    Subd. 26. Pupils less than 40 miles from an eligible institution. A pupil enrolled in a
secondary school that is located less than 40 miles from the nearest eligible institution may enroll
in a postsecondary course provided at the secondary school.
History: 1Sp1985 c 12 art 5 s 1; 1Sp1985 c 16 art 2 s 32; 1986 c 447 s 1-11; 1988 c 486 s
16; 1988 c 718 art 6 s 5; 1989 c 329 art 9 s 8-12; 1990 c 562 art 6 s 14,15; 1991 c 265 art 2 s 2;
art 7 s 7,8; art 9 s 37-39,75; 1992 c 499 art 9 s 3-11; 1993 c 224 art 9 s 23-26; art 13 s 22,23;
1994 c 647 art 8 s 4; art 9 s 4-6; 1Sp1995 c 3 art 2 s 2; art 3 s 5,6; art 7 s 2; art 16 s 13; 1996 c
412 art 6 s 2; art 9 s 4,5; 1997 c 187 art 1 s 12; 1Sp1997 c 4 art 1 s 3-9; art 7 s 5,6; 1998 c 397
art 2 s 75-87,164; art 11 s 3; 1998 c 398 art 6 s 18; 2003 c 130 s 12; 1Sp2003 c 9 art 1 s 12; art 2
s 16-19; art 12 s 9; 1Sp2005 c 5 art 2 s 57