CHAPTER 135A. PUBLIC POSTSECONDARY EDUCATION
Table of Sections
|135A.02||Repealed, 1994 c 532 art 3 s 9
|135A.03||Repealed, 1994 c 532 art 3 s 9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.|
|135A.032||APPROPRIATIONS FOR NONINSTRUCTIONAL SERVICES.|
|135A.046||HIGHER EDUCATION ASSET PRESERVATION AND REPLACEMENT.|
|135A.05||Expired; Repealed, 1994 c 532 art 3 s 9
ACADEMICS; PROGRAMS; MISSIONS
|135A.053||STATE HIGHER EDUCATION POLICY.|
|135A.061||Repealed, 1994 c 532 art 2 s 19
|135A.07||Repealed, 1Sp1985 c 11 s 81
|135A.081||Repealed, 1Sp2001 c 6 art 2 s 78
|135A.09||Repealed, 1995 c 212 art 3 s 60
|135A.101||POSTSECONDARY ENROLLMENT OPTIONS.|
|135A.11||Repealed, 1995 c 212 art 3 s 60
|135A.12||UNIQUE NEEDS AND ABILITIES OF AMERICAN INDIAN PEOPLE.|
|135A.13||STUDENT SERVICES PRICES.|
|135A.14||STATEMENT OF IMMUNIZATION OF POSTSECONDARY STUDENTS.|
|135A.15||SEXUAL HARASSMENT AND VIOLENCE POLICY.|
|135A.153||HIGHER EDUCATION CENTER ON VIOLENCE AND ABUSE.|
|135A.16||POLICY FOR STUDENTS WITH DISABILITIES.|
|135A.165||DEAF STUDENTS; TUITION ASSISTANCE.|
|135A.17||PROVISIONS TO FACILITATE VOTING.|
|135A.18||AUTHORIZATION FOR AGREEMENTS.|
|135A.181||Repealed, 1995 c 212 art 2 s 4
MIDWESTERN HIGHER EDUCATION COMPACT
|135A.20||MIDWESTERN HIGHER EDUCATION COMPACT.|
|135A.21||MEMBERS OF COMMISSION.|
|135A.22||EFFECT ON RECIPROCITY.|
ACADEMIC EXCELLENCE SCHOLARSHIPS
|135A.30||MINNESOTA ACADEMIC EXCELLENCE SCHOLARSHIP.|
|135A.50||Repealed, 1992 c 513 art 1 s 28
SENIOR CITIZENS HIGHER EDUCATION PROGRAM
|135A.52||PROGRAM AND QUALIFICATIONS.|
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.
History: 1983 c 258 s 29; 1Sp1985 c 11 s 14; 1994 c 532 art 3 s 1
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
(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
, 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.
History: 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.
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
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.
History: 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.
History: 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.
History: 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.
History: 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."
History: 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.
History: 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.
History: 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.
History: 1994 c 643 s 65; 1996 c 463 s 41; 2002 c 393 s 53
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.
History: 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
(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
History: 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
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
. Nothing in this section precludes
a system or campus from determining its own objectives and performance measures beyond
those identified in this section.
History: 1996 c 398 s 27
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
History: 1Sp1985 c 11 s 19; 1990 c 375 s 3; 1995 c 212 art 3 s 3,4
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.
History: 1995 c 212 art 2 s 3
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.
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
History: 1988 c 703 art 1 s 11; 1989 c 246 s 2; 1995 c 212 art 3 s 6
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.
History: 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.
History: 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
(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
, or schools exempt under section
, and which offer
educational programs within the state for an academic year greater than six consecutive months.
An institution's report to the Minnesota Office of Higher Education 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
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
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
(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
(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.
History: 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; 2005 c 107 art 2 s 60
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
(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.
History: 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.
History: 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.
History: 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.
History: 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
term to receive tuition assistance for that term.
History: 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
201.061, subdivision 3
History: 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.
History: 1992 c 499 art 9 s 14; 1998 c 397 art 11 s 3
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.
History: 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:
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.
(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.
Powers and Duties of the Commission
(A) The commission shall adopt a seal and suitable bylaws governing its management
(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.
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.
(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
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.
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.
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.
History: 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.
History: 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
that exist at the time of enactment.
History: 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
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
(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
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.
History: 1991 c 356 art 7 s 1; 2005 c 107 art 2 s 5-7
SENIOR CITIZENS HIGHER EDUCATION PROGRAM
Subdivision 1. Scope.
For the purposes of this section and section
, 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.
History: 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
, 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
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
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.
History: 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