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Minnesota Legislature

Office of the Revisor of Statutes

136A.08 RECIPROCAL AGREEMENTS RELATING TO NONRESIDENT TUITION
WITH OTHER STATES OR PROVINCES.
    Subdivision 1. Definitions. For the purposes of this section, the terms "province" and
"provincial" mean the Canadian province of Manitoba.
    Subd. 2. Authorization. The Minnesota Office of Higher Education, in consultation with
the commissioner of finance and each affected public postsecondary board, may enter into
agreements, on subjects that include remission of nonresident tuition for designated categories of
students at public postsecondary institutions, with appropriate state or provincial agencies and
public postsecondary institutions in other states or provinces. The agreements shall be for the
purpose of the mutual improvement of educational advantages for residents of this state and other
states or provinces with whom agreements are made.
    Subd. 3. Wisconsin. A higher education reciprocity agreement with the state of Wisconsin
may include provision for the transfer of funds between Minnesota and Wisconsin. If this
provision is included, the amount of funds to be transferred shall be determined according to a
formula which is mutually acceptable to the office and a duly designated agency representing
Wisconsin. The formula shall recognize differences in tuition rates between the two states and the
number of students attending institutions in each state under the agreement. Any payments to
Minnesota by Wisconsin shall be deposited by the office in the general fund of the state treasury.
The amount required for the payments shall be certified by the director of the office to the
commissioner of finance annually.
    Subd. 4. North Dakota; South Dakota. A reciprocity agreement with North Dakota may
include provision for the transfer of funds between Minnesota and North Dakota. If provision
for transfer of funds between the two states is included, the amount of funds to be transferred
shall be determined according to a formula which is mutually acceptable to the office and a duly
designated agency representing North Dakota. In adopting a formula, the office shall consider
tuition rates in the two states and the number of students attending institutions in each state under
the agreement. Any payment to Minnesota by North Dakota shall be deposited by the office in
the general fund. The amount required for the payments shall be certified by the director of the
office to the commissioner of finance annually. All provisions in this subdivision pertaining to
North Dakota shall also be applied to South Dakota, and all authority and conditions granted for
higher education reciprocity with North Dakota are also granted for higher education reciprocity
with South Dakota.
    Subd. 5. Financial aid. The office may enter into an agreement, with a state or province with
which it has negotiated a reciprocity agreement for tuition, to permit students to receive student
aid awards from the student's state or province of residence for attending an eligible institution in
the other state or province.
    Subd. 6. Approval. An agreement made by the office under this section is not valid as to a
particular institution without the approval of that institution's state or provincial governing board.
A valid agreement under this subdivision that incurs additional financial liability to the state or
to any of the Minnesota public postsecondary boards, beyond enrollment funding adjustments,
must be submitted to the commissioner of finance and to the chairs of the higher education
finance divisions of the senate and house for review. The agreement remains valid unless it is
disapproved in law.
    Subd. 7. Reporting. The Minnesota Office of Higher Education must annually, before the
last day in January, submit a report to the committees in the house of representatives and the
senate with responsibility for higher education finance on:
    (1) participation in the tuition reciprocity program by Minnesota students and students from
other states attending Minnesota postsecondary institutions under a reciprocity agreement;
    (2) reciprocity and resident tuition rates at each institution;
    (3) interstate payments and obligations for each state participating in the tuition reciprocity
program in the prior year; and
    (4) summary statistics on number of graduates by institution, degree granted, and year of
graduation for reciprocity students who attended Minnesota postsecondary institutions.
    Subd. 8.[Repealed, 2007 c 144 art 2 s 52]
History: 1967 c 615 s 1; 1967 c 866 s 1; 1971 c 161 s 1; 1974 c 532 s 1; 1975 c 271 s 6;
1975 c 321 s 2; 1975 c 390 s 3; 1977 c 403 s 4,5; 1987 c 258 s 12; 1989 c 293 s 23; 1990 c 591
art 6 s 4; 1Sp1993 c 2 art 2 s 5,6; 1995 c 212 art 3 s 16; 2003 c 133 art 3 s 2; 2005 c 107 art 2
s 15,16,60; 2007 c 144 art 2 s 16