Text of MN HF 4024 (2024)
Higher education policy and finance bill.
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As introduced
102,030 characters
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A bill for an act
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relating to higher education; making policy and technical changes to certain higher
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education provisions including student sexual misconduct, student aid, and
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institutional licensure provisions; requiring reports; requiring rulemaking; amending
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Minnesota Statutes 2022, sections 135A.031, subdivision 7; 135A.15, subdivisions
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1a, 2, 8, by adding a subdivision; 136A.091, subdivision 3; 136A.1241, subdivision
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3; 136A.1701, subdivisions 4, 7; 136A.62, by adding subdivisions; 136A.63,
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subdivision 1; 136A.646; 136A.65, subdivision 4; 136A.675, subdivision 2;
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136A.821, subdivision 5, by adding a subdivision; 136A.822, subdivisions 1, 2,
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6, 7, 8; 136A.828, subdivision 3; 136A.829, subdivision 3, by adding a subdivision;
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Minnesota Statutes 2023 Supplement, sections 135A.121, subdivision 2; 135A.15,
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subdivision 1; 135A.161, by adding a subdivision; 135A.162, subdivision 2;
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136A.1241, subdivision 5; 136A.1465, subdivisions 1, 2, 3, 4, 5; 136A.62,
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subdivision 3; 136A.833, subdivision 2; proposing coding for new law in Minnesota
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Statutes, chapters 135A; 136A.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. Minnesota Statutes 2022, section 135A.031, subdivision 7, is amended to read:
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Subd. 7. Reports. (a) The University of Minnesota and the Minnesota State Colleges
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and Universities systems shall include in their biennial budget proposals to the legislature:
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(1) a five-year history of systemwide expenditures, reported by:
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(i) functional areas, including instruction, research, public service, student financial aid,
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and auxiliary services, and including direct costs and indirect costs, such as institutional
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support, academic support, student services, and facilities management, associated with
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each functional area; and
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(ii) objects of expenditure, such as salaries, benefits, supplies, and equipment, including
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a full explanation of all material changes to the expenditure categories when compared to
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the prior fiscal year;
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Section 1.
REVISOR
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State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 4024
NINETY-THIRD SESSION
Authored by Pelowski
02/19/2024
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy
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(2) a five-year history of the system's total instructional expenditures per full-year
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equivalent student, by level of instruction, including upper-division undergraduate,
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lower-division undergraduate, graduate, professional, and other categories of instructional
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programs offered by the system;
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(3) a five-year history of the system's total revenues by funding source, including tuition,
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state operations and maintenance appropriations, state special appropriations, other restricted
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state funds, federal appropriations, sponsored research funds, gifts, auxiliary revenue, indirect
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cost recovery, and any other revenue sources;
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(4) an explanation describing how state appropriations made to the system in the previous
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biennium were allocated and the methodology used to determine the allocation;
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(5) data describing how the institution reallocated resources to advance the priorities set
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forth in the budget submitted under section 135A.034 and the statewide objectives under
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section 135A.011. The information must indicate whether instruction and support programs
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received a reduction in or additional resources. The total amount reallocated must be clearly
2.15
explained;
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(6) the tuition rates and fees established by the governing board in each of the past ten
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years and comparison data for peer institutions and national averages;
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(7) data on the number and proportion of students graduating within four, five, and six
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years from universities and within three years from colleges as reported in the integrated
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postsecondary education data system. These data must be provided for each institution by
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race, ethnicity, and gender. Data and information must be submitted that describe the system's
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plan and progress toward attaining the goals set forth in the plan to increase the number and
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proportion of students that graduate within four, five, or six years from a university or within
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three years from a college;
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(8) data on, and the methodology used to measure, the number of students traditionally
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underrepresented in higher education enrolled at the system's institutions. Data and
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information must be submitted that describe the system's plan and progress toward attaining
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the goals set forth in the plan to increase the recruitment, retention, and timely graduation
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of students traditionally underrepresented in higher education;
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(9) data on the revenue received from all sources to support research or workforce
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development activities or the system's efforts to license, sell, or otherwise market products,
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ideas, technology, and related inventions created in whole or in part by the system. Data
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and information must be submitted that describe the system's plan and progress toward
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attaining the goals set forth in the plan to increase the revenue received to support research
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Section 1.
REVISOR
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or workforce development activities or revenue received from the licensing, sale, or other
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marketing and technology transfer activities by the system;
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(10) data on consulting contracts from the last two completed fiscal years for which the
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work is performed by a consultant who is not an employee of the system, for which the
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system paid in excess of $500,000. Data must include the name of the consultant, the total
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value of the contract, a description of the work completed, and a description of the reasons
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for using an outside consultant and not internal staff. Consulting contracts are defined as
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contracts from management, investment and financial advisory services, project management,
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computer/technology advisory services, and construction project management; and
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(11) aggregate data on the following:
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(i) student demographics;
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(ii) a five-year history of student enrollment, including student enrollment by legislative
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district;
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(iii) a five-year history of student debt;
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(iv) a five-year history of mandatory student fees by campus;
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(v) employee head count and employee demographics;
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(vi) facilities, including physical space overview, condition, square footage, distribution
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by region, any deferred maintenance, and capital bonding requested and received;
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(vii) administrative costs, including the definition of "administrators" used by the system,
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the total number of "administrators" as percent of total employee head count, and system
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office budget for Minnesota State Colleges and Universities as percent of total system
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general fund revenue; and
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(viii) college and university operating budgets.; and
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(12) data on, and the methodology used to measure, the number of students owing a
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balance at the end of each term and the number of students for whom a transcript is being
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withheld due to nonpayment, for the most recent three years. Data and information must be
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submitted that describe the system's plan and progress toward ensuring students with balances
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have options for continued enrollment and completion of their programs, and traditionally
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underrepresented students are not being disproportionately impacted.
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(b) Data required by this subdivision shall be submitted by the public postsecondary
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systems to the Minnesota Office of Higher Education and the Department of Management
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and Budget and included in the biennial budget document. Representatives from each system,
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REVISOR
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in consultation with the commissioner of management and budget and the commissioner
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of the Office of Higher Education, shall develop consistent reporting practices for this
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purpose.
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(c) To the extent practicable, each system shall develop the ability to respond to legislative
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requests for financial analyses that are more detailed than those required by this subdivision,
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including but not limited to analyses that show expenditures or revenues by institution or
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program, or in multiple categories of expenditures or revenues, and analyses that show
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revenue sources for particular types of expenditures.
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Sec. 2. Minnesota Statutes 2023 Supplement, section 135A.121, subdivision 2, is amended
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to read:
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Subd. 2. Eligibility. To be eligible each year for the program a student must:
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(1) be enrolled in an undergraduate certificate, diploma, or degree program at the
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University of Minnesota or a Minnesota state college or university;
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(2) be either (i) a Minnesota resident for resident tuition purposes who is an enrolled
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member or citizen of a federally recognized American Indian Tribe or Canadian First Nation,
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or (ii) an enrolled member or citizen of a Minnesota Tribal Nation, regardless of resident
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tuition status; and
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(3) have not (i) obtained a baccalaureate degree, or (ii) been enrolled for 180 credits 12
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semesters or the equivalent, excluding courses taken that qualify as developmental education
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or below college-level.; and
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(4) meet satisfactory academic progress as defined under section 136A.101, subdivision
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10.
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Sec. 3. [135A.144] TRANSCRIPT ACCESS.
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Subdivision 1. Definitions. (a) The terms defined in this subdivision apply to this section.
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(b) "Debt" means any money, obligation, claim, or sum, due or owed, or alleged to be
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due or owed, from a student. Debt does not include the fee, if any, charged to all students
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for the actual costs of providing the transcripts.
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(c) "School" means a public institution governed by the Board of Trustees of the
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Minnesota State Colleges and Universities, private postsecondary educational institution
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as defined under section 136A.62 or 136A.821, or public or private entity that is responsible
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for providing transcripts to current or former students of an educational institution.
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REVISOR
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Institutions governed by the Board of Regents of the University of Minnesota are requested
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to comply with this section.
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(d) "Transcript" means the statement of an individual's academic record, including
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official transcripts or the certified statement of an individual's academic record provided
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by a school, and unofficial transcripts or the uncertified statement of an individual's academic
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record provided by a school.
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Subd. 2. Prohibited practices. (a) A school must not refuse to provide a transcript for
5.8
a current or former student because the student owes a debt to the school if:
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(1) the debt owed is less than $1,000;
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(2) the student has entered into and, as determined by the institution, is in compliance
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with a payment plan with the school;
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(3) the transcript request is made by a prospective employer for the student;
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(4) the school has sent the debt for repayment to the Department of Revenue or to a
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collection agency, as defined in section 332.31, subdivision 3, external to the institution
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and the debt has not been returned to the institution unpaid; or
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(5) the person is incarcerated at a Minnesota correctional facility.
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(b) A school must not charge an additional or higher fee for obtaining a transcript or
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provide less favorable treatment of a transcript request because a student owes a debt to the
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originating school.
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Subd. 3. Institutional policy. (a) An institution that uses transcript issuance as a tool
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for debt collection must have a policy accessible to students that outlines how the institution
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collects on debts owed to the institution.
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(b) An institution shall seek to use transcript issuance as a tool for debt collection for
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the fewest number of cases possible and in a manner that allows for the quickest possible
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resolution of the debt benefitting the student's educational progress.
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Sec. 4. Minnesota Statutes 2023 Supplement, section 135A.15, subdivision 1, is amended
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to read:
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Subdivision 1. Applicability; policy required. (a) This section applies to the following
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postsecondary institutions:
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(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
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Universities; and
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Sec. 4.
REVISOR
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(2) private postsecondary institutions that offer in-person courses on a campus located
6.2
in Minnesota and which are eligible institutions as defined in section 136A.103, provided
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that a private postsecondary institution with a systemwide enrollment of fewer than 100
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students in the previous academic year is exempt from subdivisions 4 to 10 paragraph (a),
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that are participating in the federal Pell Grant program under Title IV of the Higher Education
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Act of 1965, Public Law 89-329, as amended.
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Institutions governed by the Board of Regents of the University of Minnesota are
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requested to comply with this section.
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(b) A postsecondary institution must adopt a clear, understandable written policy on
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sexual harassment and sexual violence that informs victims victim-survivors of their rights
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under the crime victims bill of rights, including the right to assistance from the Crime
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Victims Reimbursement Board and the commissioner of public safety. The policy must
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apply to students and employees and must provide information about their rights and duties.
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The policy must apply to criminal incidents against a student or employee of a postsecondary
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institution occurring on property owned or leased by the postsecondary system or institution
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or at any activity, program, organization, or event sponsored by the system or institution,
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or by a fraternity and sorority. It must include procedures for reporting incidents of sexual
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harassment or sexual violence and for disciplinary actions against violators. During student
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registration, a postsecondary institution shall provide each student with information regarding
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its policy. A copy of the policy also shall be posted at appropriate locations on campus at
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all times.
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Sec. 5. Minnesota Statutes 2022, section 135A.15, subdivision 1a, is amended to read:
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Subd. 1a. Sexual assault definition Definitions. (a) For the purposes of this section,
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the following terms have the meanings given.
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(b) "Advisor" means a person who is selected by a responding or reporting party to serve
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as a support during a campus investigation and disciplinary process. This person may be
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an attorney. An advisor serves as a support to a party by offering comfort or attending
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meetings.
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(b) (c) "Incident" means one report of sexual assault misconduct to a postsecondary
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institution, regardless of the number of complainants included in the report, the number of
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respondents included in the report, and whether or not the identity of any party is known
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by the reporting postsecondary institution. Incident encompasses all nonconsensual events
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included within one report if multiple events have been identified.
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Sec. 5.
REVISOR
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(d) "Intimate partner violence" means any physical or sexual harm or a pattern of any
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other coercive behavior committed, enabled, or solicited to gain or maintain power and
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control over a victim-survivor, including verbal, psychological, economic, or technological
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abuse that may or may not constitute criminal behavior against an individual, that may be
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classified as a sexual assault or domestic violence caused by:
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(1) a current or former spouse of the individual; or
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(2) a person in a sexual or romantic relationship with the individual.
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(e) "Reporting party" means the party in a disciplinary proceeding who has reported
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being subject to conduct or communication that could constitute sexual harassment or sexual
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misconduct.
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(f) "Responding party" means the party in a disciplinary proceeding who has been
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reported to be the perpetrator of conduct or communication that could constitute sexual
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harassment or sexual misconduct.
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(c) (g) "Sexual assault" means rape, sex offenses - fondling, sex offenses - incest, or sex
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offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart
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D, appendix A, as amended.
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(h) "Sexual harassment" has the meaning given in section 363A.03, subdivision 43.
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(i) "Sexual misconduct" means an incident of sexual violence, intimate partner violence,
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domestic violence, sexual assault, sexual harassment, nonconsensual distribution of sexual
7.20
images, sexual extortion, nonconsensual dissemination of a deepfake depicting intimate
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parts or sexual acts, sexual exploitation, sex trafficking, or stalking.
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(j) "Stalking" means engaging in a course of conduct directed at a specific person that
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would cause a reasonable person to (1) fear for that person's safety or the safety of others,
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or (2) suffer substantial emotional distress.
7.25
Sec. 6. Minnesota Statutes 2022, section 135A.15, subdivision 2, is amended to read:
7.26
Subd. 2. Victims' Victim-survivors' rights. (a) The policy required under subdivision
7.27
1 shall, at a minimum, require that students and employees be informed of the policy, and
7.28
shall include provisions for:
7.29
(1) filing criminal charges with local law enforcement officials in sexual assault cases
7.30
defined as sexual misconduct;
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(2) the prompt assistance of campus authorities, at the request of the victim
8.2
victim-survivor, in notifying the appropriate law enforcement officials and disciplinary
8.3
authorities of a sexual assault misconduct incident;
8.4
(3) allowing sexual assault victims misconduct victim-survivors to decide whether to
8.5
report a case to law enforcement; participate in a campus investigation, disciplinary
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proceeding, or nondisciplinary restorative justice service; or not report altogether;
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(4) requiring campus authorities to treat sexual assault victims misconduct
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victim-survivors with dignity;
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(5) requiring campus authorities to offer sexual assault victims misconduct
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victim-survivors fair and respectful health care, counseling services, or referrals to such
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services;
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(6) preventing campus authorities from suggesting to a victim victim-survivor of sexual
8.13
assault misconduct that the victim victim-survivor is at fault for the crimes or violations
8.14
that occurred;
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(7) preventing campus authorities from suggesting to a victim victim-survivor of sexual
8.16
assault misconduct that the victim victim-survivor should have acted in a different manner
8.17
to avoid such a crime;
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(8) subject to subdivision subdivisions 2a and 10, protecting the privacy of sexual assault
8.19
victims misconduct victim-survivors by only disclosing data collected under this section to
8.20
the victim victim-survivor, persons whose work assignments reasonably require access,
8.21
and, at a sexual assault victim's misconduct victim-survivor's request, police conducting a
8.22
criminal investigation;
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(9) an investigation and resolution of a sexual assault misconduct complaint by campus
8.24
disciplinary authorities;
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(10) a sexual assault victim's misconduct victim-survivor's participation in and the
8.26
presence of the victim's victim-survivor's attorney or other support person who is not a fact
8.27
witness to the sexual assault misconduct at any meeting with campus officials concerning
8.28
the victim's victim-survivor's sexual assault misconduct complaint or campus disciplinary
8.29
proceeding concerning a sexual assault misconduct complaint;
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(11) ensuring that a sexual assault victim misconduct victim-survivor may decide when
8.31
to repeat a description of the incident of sexual assault misconduct;
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Sec. 6.
REVISOR
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(12) notice to a sexual assault victim misconduct victim-survivor of the availability of
9.2
a campus or local program providing sexual assault victim-survivor advocacy services and
9.3
information on free legal resources and services;
9.4
(13) notice to a sexual assault victim misconduct victim-survivor of the outcome of any
9.5
campus disciplinary proceeding concerning a sexual assault misconduct complaint, consistent
9.6
with laws relating to data practices;
9.7
(14) the complete and prompt assistance of campus authorities, at the direction of law
9.8
enforcement authorities, in obtaining, securing, and maintaining evidence in connection
9.9
with a sexual assault misconduct incident;
9.10
(15) the assistance of campus authorities, at the request of the sexual misconduct
9.11
victim-survivor, in preserving for a sexual assault complainant or victim materials relevant
9.12
to a campus disciplinary proceeding;
9.13
(16) during and after the process of investigating a complaint and conducting a campus
9.14
disciplinary procedure, the assistance of campus personnel, in cooperation with the
9.15
appropriate law enforcement authorities, at a sexual assault victim's misconduct
9.16
victim-survivor's request, in shielding the victim victim-survivor's from unwanted contact
9.17
with the alleged assailant, including transfer of the victim victim-survivor's to alternative
9.18
classes or to alternative college-owned housing, if alternative classes or housing are available
9.19
and feasible;
9.20
(17) forbidding retaliation, and establishing a process for investigating complaints of
9.21
retaliation, against sexual assault victims misconduct victim-survivors by campus authorities,
9.22
the accused, organizations affiliated with the accused, other students, and other employees;
9.23
(18) at the request of the victim victim-survivor, providing students who reported sexual
9.24
assaults misconduct to the institution and subsequently choose to transfer to another
9.25
postsecondary institution with information about resources for victims victim-survivors of
9.26
sexual assault misconduct at the institution to which the victim victim-survivor is transferring;
9.27
and
9.28
(19) consistent with laws governing access to student records, providing a student who
9.29
reported an incident of sexual assault misconduct with access to the student's description
9.30
of the incident as it was reported to the institution, including if that student transfers to
9.31
another postsecondary institution.
9.32
(b) None of the rights given to a student by the policy required by subdivision 1 may be
9.33
made contingent upon the victim-survivor entering into a nondisclosure agreement or other
9
Sec. 6.
REVISOR
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contract restricting the victim-survivor's ability to disclose information in connection with
10.2
a sexual misconduct complaint, investigation, or hearing.
10.3
(c) A nondisclosure agreement or other contract restricting the victim-survivor's ability
10.4
to disclose information in connection with a sexual misconduct complaint, investigation,
10.5
or hearing may not be used as condition of financial aid or remedial action.
10.6
Sec. 7. Minnesota Statutes 2022, section 135A.15, is amended by adding a subdivision to
10.7
read:
10.8
Subd. 2a. Campus investigation and disciplinary hearing procedures. (a) A
10.9
postsecondary institution must provide a reporting party an opportunity for an impartial,
10.10
timely, and thorough investigation of a report of sexual misconduct against a student. If an
10.11
investigation reveals that sexual misconduct has occurred, the institution must take prompt
10.12
and effective steps reasonably calculated to end the sexual misconduct, prevent its recurrence,
10.13
and, as appropriate, remedy its effects.
10.14
(b) Throughout any investigation or disciplinary proceeding, a postsecondary institution
10.15
must treat the reporting parties, responding parties, witnesses, and other participants in the
10.16
proceeding with dignity, respect, and fairness.
10.17
(c) If a postsecondary institution conducts a hearing, an advisor may provide opening
10.18
and closing remarks on behalf of a party, or assist with formulating questions to the other
10.19
party or witnesses about related evidence or credibility.
10.20
Sec. 8. Minnesota Statutes 2022, section 135A.15, subdivision 8, is amended to read:
10.21
Subd. 8. Comprehensive training. (a) A postsecondary institution must provide campus
10.22
security officers and campus administrators responsible for investigating or adjudicating
10.23
complaints of sexual assault with comprehensive training on preventing and responding to
10.24
sexual assault in collaboration with the Bureau of Criminal Apprehension or another law
10.25
enforcement agency with expertise in criminal sexual conduct. The training for campus
10.26
security officers shall include a presentation on the dynamics of sexual assault,
10.27
neurobiological responses to trauma, and best practices for preventing, responding to, and
10.28
investigating sexual assault. The training for campus administrators responsible for
10.29
investigating or adjudicating complaints on sexual assault shall include presentations on
10.30
preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual
10.31
assault, neurobiological responses to trauma, and compliance with state and federal laws
10.32
on sexual assault.
10
Sec. 8.
REVISOR
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11.1
(b) The following categories of students who attend, or will attend, one or more courses
11.2
on campus or will participate in on-campus activities must be provided sexual assault
11.3
training:
11.4
(1) students pursuing a degree or certificate;
11.5
(2) students who are taking courses through the Postsecondary Enrollment Options Act;
11.6
and
11.7
(3) any other categories of students determined by the institution.
11.8
Students must complete such training no later than ten business days after the start of a
11.9
student's first semester of classes. Once a student completes the training, institutions must
11.10
document the student's completion of the training and provide proof of training completion
11.11
to a student at the student's request. Students enrolled at more than one institution within
11.12
the same system at the same time are only required to complete the training once.
11.13
The training shall include information about topics including but not limited to sexual
11.14
assault as defined in subdivision 1a; consent as defined in section 609.341, subdivision 4;
11.15
preventing and reducing the prevalence of sexual assault; procedures for reporting campus
11.16
sexual assault; and campus resources on sexual assault, including organizations that support
11.17
victims victim-survivors of sexual assault.
11.18
(c) A postsecondary institution shall annually train individuals responsible for responding
11.19
to reports of sexual assault. This training shall include information about best practices for
11.20
interacting with victims victim-survivors of sexual assault, including how to reduce the
11.21
emotional distress resulting from the reporting, investigatory, and disciplinary process.
11.22
(d) Trainings must be culturally responsive and address the unique experiences and
11.23
challenges faced by students based on race, ethnicity, color, national origin, disability,
11.24
socioeconomic status, religion, sex, gender identity, sexual orientation, and pregnancy or
11.25
parenting status.
11.26
Sec. 9. [135A.1581] NAVIGATORS FOR PARENTING STUDENTS.
11.27
Subdivision 1. Applicability. (a) This section applies to the following postsecondary
11.28
institutions:
11.29
(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
11.30
Universities; and
11.31
(2) private postsecondary institutions that offer in-person courses on a campus located
11.32
in Minnesota and which are eligible institutions as defined in section 136A.103.
11
Sec. 9.
REVISOR
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12.1
(b) Institutions governed by the Board of Regents of the University of Minnesota are
12.2
requested to comply with this section.
12.3
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
12.4
meanings given.
12.5
(b) "Institutions of higher education" means an institution of higher education under
12.6
subdivision 1, paragraph (a).
12.7
(c) "Parenting student" means a student enrolled at an institution of higher education
12.8
who is the parent or legal guardian of or can claim as a dependent a child under the age of
12.9
18.
12.10
Subd. 3. Navigators. An institution of higher education must designate at least one
12.11
employee of the institution to act as a college navigator for current or incoming students at
12.12
the institution who are parenting students. The navigator must provide to the students
12.13
information regarding support services and other resources available to the students at the
12.14
institution, including:
12.15
(1) medical and behavioral health coverage and services;
12.16
(2) public benefit programs, including programs related to food security, affordable
12.17
housing, and housing subsidies;
12.18
(3) parenting and child care resources;
12.19
(4) employment assistance;
12.20
(5) transportation assistance; and
12.21
(6) any other resources developed by the institution to assist the students, including
12.22
student academic success strategies.
12.23
Subd. 4. Report. (a) By June 30, 2025, an institution of higher education must establish
12.24
a process for collecting the parenting status of each enrolled student. By November 30,
12.25
2025, the Office of Higher Education shall establish a process for collecting this information
12.26
from institutions.
12.27
(b) Annually, beginning January 15, 2026, the Office of Higher Education must submit
12.28
a report to the chairs and ranking minority members of the legislative committees with
12.29
jurisdiction over higher education and children, youth, and families. The report must include
12.30
the following for parenting students:
12.31
(1) summary demographic data;
12
Sec. 9.
REVISOR
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13.1
(2) enrollment patterns;
13.2
(3) retention rates;
13.3
(4) completion rates;
13.4
(5) average cumulative debt at exit or graduation; and
13.5
(6) time to completion.
13.6
Data must be disaggregated by institution, academic year, race and ethnicity, gender, and
13.7
other factors determined to be relevant by the commissioner.
13.8
Sec. 10. [135A.1582] PROTECTIONS FOR PREGNANT AND PARENTING
13.9
STUDENTS.
13.10
Subdivision 1. Definition. (a) For the purpose of this section, the following term has
13.11
the meaning given.
13.12
(b) "Parenting student" means a student enrolled at a public college or university who
13.13
is the parent or legal guardian of or can claim as a dependent a child under the age of 18.
13.14
Subd. 2. Rights and protections. (a) A Minnesota state college or university may not
13.15
require and the University of Minnesota is requested not to require a pregnant or parenting
13.16
student, solely because of the student's status as a pregnant or parenting student or due to
13.17
issues related to the student's pregnancy or parenting, to:
13.18
(1) take a leave of absence or withdraw from the student's degree or certificate program;
13.19
(2) limit the student's studies;
13.20
(3) participate in an alternative program;
13.21
(4) change the student's major, degree, or certificate program; or
13.22
(5) refrain from joining or cease participating in any course, activity, or program at the
13.23
college or university.
13.24
(b) A Minnesota state college or university shall provide and the University of Minnesota
13.25
is requested to provide reasonable modifications to a pregnant student, including
13.26
modifications that:
13.27
(1) would be provided to a student with a temporary medical condition; or
13.28
(2) are related to the health and safety of the student and the student's unborn child, such
13.29
as allowing the student to maintain a safe distance from substances, areas, and activities
13.30
known to be hazardous to pregnant women or unborn children.
13
Sec. 10.
REVISOR
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14.1
(c) A Minnesota state college or university must and the University of Minnesota is
14.2
requested to, for reasons related to a student's pregnancy, childbirth, or any resulting medical
14.3
status or condition:
14.4
(1) excuse the student's absence;
14.5
(2) allow the student to make up missed assignments or assessments;
14.6
(3) allow the student additional time to complete assignments in the same manner as the
14.7
institution allows for a student with a temporary medical condition; and
14.8
(4) provide the student with access to instructional materials and video recordings of
14.9
lectures for classes for which the student has an excused absence under this section to the
14.10
same extent that instructional materials and video recordings of lectures are made available
14.11
to any other student with an excused absence.
14.12
(d) A Minnesota state college or university must and the University of Minnesota is
14.13
requested to allow a pregnant or parenting student to:
14.14
(1) take a leave of absence; and
14.15
(2) if in good academic standing at the time the student takes a leave of absence, return
14.16
to the student's degree or certificate program in good academic standing without being
14.17
required to reapply for admission.
14.18
(e) If a public college or university provides early registration for courses or programs
14.19
at the institution for any group of students, the Minnesota state college or university must
14.20
provide and the University of Minnesota is requested to provide early registration for those
14.21
courses or programs for pregnant or parenting students in the same manner.
14.22
Subd. 3. Policy on discrimination. Each Minnesota state college or university must
14.23
adopt and the University of Minnesota is requested to adopt a policy for students on
14.24
pregnancy and parenting discrimination. The policy must:
14.25
(1) include the contact information of the Title IX coordinator who is the designated
14.26
point of contact for a student requesting each protection or modification under this section.
14.27
Contact information must include the Title IX coordinator's name, phone number, email,
14.28
and office;
14.29
(2) be posted in an easily accessible, straightforward format on the college or university's
14.30
website; and
14.31
(3) be made available annually to faculty, staff, and employees of the college or
14.32
university.
14
Sec. 10.
REVISOR
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15.1
Subd. 4. Rulemaking. The Office of Higher Education, in consultation with the Board
15.2
of Trustees of the Minnesota State Colleges and Universities and the Board of Regents of
15.3
the University of Minnesota, must adopt rules as necessary to administer this section. The
15.4
rules must establish minimum periods for which a pregnant or parenting student must be
15.5
given a leave of absence under subdivision 2, paragraph (d). In establishing those periods,
15.6
the Office of Higher Education shall consider the maximum amount of time a student may
15.7
be absent without significantly interfering with the student's ability to complete the student's
15.8
degree or certificate program.
15.9
Sec. 11. Minnesota Statutes 2023 Supplement, section 135A.161, is amended by adding
15.10
a subdivision to read:
15.11
Subd. 5. Reporting. The director must evaluate the development and implementation
15.12
of the Minnesota inclusive higher education initiatives receiving a grant under section
15.13
135A.162. The director must submit an annual report by October 1 on the progress to expand
15.14
Minnesota inclusive higher education options for students with intellectual disabilities to
15.15
the commissioner and chairs and ranking minority members of the legislative committees
15.16
with jurisdiction over higher education policy and finance. The report must include statutory
15.17
and budget recommendations.
15.18
Sec. 12. Minnesota Statutes 2023 Supplement, section 135A.162, subdivision 2, is amended
15.19
to read:
15.20
Subd. 2. Eligible grantees. A Tribal college or public or nonprofit postsecondary
15.21
two-year or four-year institution is eligible to apply for a grant under this section if the
15.22
institution:
15.23
(1) is accredited by the Higher Learning Commission; and
15.24
(2) meets the eligibility requirements under section 136A.103.
15.25
Sec. 13. [136A.053] CONSOLIDATED STUDENT AID REPORTING.
15.26
(a) The commissioner of the Office of Higher Education shall report annually beginning
15.27
February 15, 2026, to the chairs and ranking minority members of the legislative committees
15.28
with jurisdiction over higher education, on the details of programs administered under
15.29
sections 136A.091 to 136A.1276, 136A.1465, and 136A.231 to 136A.246, including the:
15.30
(1) total funds appropriated and expended;
15.31
(2) total number of students applying for funds;
15
Sec. 13.
REVISOR
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16.1
(3) total number of students receiving funds;
16.2
(4) average and total award amounts;
16.3
(5) summary demographic data on award recipients;
16.4
(6) retention rates of award recipients;
16.5
(7) completion rates of award recipients;
16.6
(8) average cumulative debt at exit or graduation; and
16.7
(9) average time to completion.
16.8
(b) Data must be disaggregated by program, institution, aid year, race and ethnicity,
16.9
gender, income, family type, dependency status, and any other factors determined to be
16.10
relevant by the commissioner. The commissioner must report any additional data and
16.11
outcomes relevant to the evaluation of programs administered under sections 136A.091 to
16.12
136A.1276 and 136A.231 to 136A.246 as evidenced by activities funded under each program.
16.13
Sec. 14. Minnesota Statutes 2022, section 136A.091, subdivision 3, is amended to read:
16.14
Subd. 3. Financial need. Need for financial assistance is based on student eligibility for
16.15
free or reduced-price school meals, if the student is an education benefit student, or the
16.16
state's equivalent. Student eligibility shall be verified by sponsors of approved academic
16.17
programs. The office shall award stipends for students within the limits of available
16.18
appropriations for this section. If the amount appropriated is insufficient, the office shall
16.19
allocate the available appropriation in the manner it determines. A stipend must not exceed
16.20
$1,000 per student.
16.21
Sec. 15. [136A.097] ORDER OF AID CALCULATIONS.
16.22
The commissioner may determine the order of calculating state financial aid if:
16.23
(1) a student is eligible for multiple state financial aid programs; and
16.24
(2) two or more of those programs calculate funding after accounting for other state aid.
16.25
If the commissioner determines that a greater amount of financial aid would be available
16.26
to students by calculating aid in a particular order, then the commissioner must calculate
16.27
aid in that order. Otherwise, the aid must be calculated for programs in the order of their
16.28
original enactment from oldest to newest.
16
Sec. 15.
REVISOR
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17.1
Sec. 16. Minnesota Statutes 2022, section 136A.1241, subdivision 3, is amended to read:
17.2
Subd. 3. Eligibility. (a) An individual who is eligible for the Education and Training
17.3
Voucher Program is eligible for a foster grant.
17.4
(b) If the individual is not eligible for the Education and Training Voucher Program, in
17.5
order to receive a foster grant, an individual must:
17.6
(1) meet the definition of a resident student under section 136A.101, subdivision 8;
17.7
(2) be at least 13 years of age but fewer than 27 years of age;
17.8
(3) after the individual's 13th birthday, be in or have been in foster care in Minnesota
17.9
before, on, or after June 27, 2021, including any of the following:
17.10
(i) placement in foster care at any time while 13 years of age or older;
17.11
(ii) adoption from foster care at any time after reaching 13 years of age; or
17.12
(iii) placement from foster care with a permanent legal custodian at any time after
17.13
reaching 13 years of age;
17.14
(4) have graduated from high school or completed the equivalent as approved by the
17.15
Department of Education;
17.16
(5) have been accepted for admission to, or be currently attending, an eligible institution;
17.17
(6) have submitted a FAFSA; and
17.18
(7) be meeting satisfactory academic progress as defined under section 136A.101,
17.19
subdivision 10.;
17.20
(8) not be in default, as defined by the office, of any federal or state student educational
17.21
loan;
17.22
(9) not be more than 30 days in arrears in court-ordered child support that is collected
17.23
or enforced by the public authority responsible for child support enforcement or, if the
17.24
applicant is more than 30 days in arrears in court-ordered child support that is collected or
17.25
enforced by the public authority responsible for child support enforcement, be complying
17.26
with a written payment agreement under section 518A.69 or order for arrearages; and
17.27
(10) not have been convicted of or pled nolo contendere or guilty to a crime involving
17.28
fraud in obtaining federal Title IV funds within the meaning of Code of Federal Regulations,
17.29
subtitle B, chapter VI, part 668, subpart C.
17
Sec. 16.
REVISOR
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18.1
Sec. 17. Minnesota Statutes 2023 Supplement, section 136A.1241, subdivision 5, is
18.2
amended to read:
18.3
Subd. 5. Foster grant amount; payment; opt-out. (a) Each student shall be awarded
18.4
a foster grant based on the federal need analysis. Applicants are encouraged to apply for all
18.5
other sources of financial aid. The amount of the foster grant must be equal to the applicant's
18.6
recognized cost of attendance after accounting for:
18.7
(1) the results of the federal need analysis;
18.8
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
18.9
(3) the amount of the state grant;
18.10
(4) the Federal Supplemental Educational Opportunity Grant;
18.11
(5) the sum of all Tribal scholarships;
18.12
(6) the amount of any other state and federal gift aid;
18.13
(7) the Education and Training Voucher Program;
18.14
(8) extended foster care benefits under section 260C.451;
18.15
(9) the amount of any private grants or scholarships, excluding grants and scholarships
18.16
provided by the private institution of higher education in which the eligible student is
18.17
enrolled; and
18.18
(10) for public institutions, the sum of all institutional grants, scholarships, tuition
18.19
waivers, and tuition remission amounts.
18.20
(b) The foster grant shall be paid directly to the eligible institution where the student is
18.21
enrolled.
18.22
(c) An eligible private institution may opt out of participating in the foster grant program
18.23
established under this section. To opt out, the institution shall provide notice to the office
18.24
by March 1 for the next academic year. An institution that opts out of participating, but
18.25
participated in the program a previous year, must hold harmless currently enrolled recipients
18.26
by continuing to provide the benefit under paragraph (d) as long as the student remains
18.27
eligible.
18.28
(d) An eligible private institution that does not opt out under paragraph (c) and accepts
18.29
the student's application to attend the institution must provide institutional grants,
18.30
scholarships, tuition waivers, or tuition remission in an amount equal to the difference
18.31
between:
18
Sec. 17.
REVISOR
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19.1
(1) the institution's cost of attendance as calculated under subdivision 4, paragraph (b),
19.2
clause (1); and
19.3
(2) the sum of the foster grant under this subdivision and the sum of the amounts in
19.4
paragraph (a), clauses (1) to (9).
19.5
(e) An undergraduate student who is eligible may apply for and receive a foster grant
19.6
in any year of undergraduate study unless the student has obtained a baccalaureate degree
19.7
or received foster grant funds for a period of ten full-time semesters or the equivalent for a
19.8
four-year undergraduate degree. A foster grant student enrolled in a two-year degree,
19.9
certificate, or diploma program may apply for and receive a foster grant in any year of
19.10
undergraduate study unless the student has obtained a baccalaureate degree or received
19.11
foster grant funds for a period of six full-time semesters or the equivalent.
19.12
(f) Foster grants may be awarded to an eligible student for four quarters, three semesters,
19.13
or the equivalent during the course of a single fiscal year. In calculating the award amount,
19.14
the office must use the same calculation it would for any other term.
19.15
(g) Awards must be made on a first-come, first-served basis in the order complete
19.16
applications are received. If there are multiple applications with identical completion dates,
19.17
those applications must be further sorted by application receipt date. Awards must be made
19.18
to eligible students until the appropriation is expended. Applicants not receiving a grant
19.19
and for whom the office has received a completed application must be placed on a waiting
19.20
list in order of application completion date.
19.21
Sec. 18. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 1, is
19.22
amended to read:
19.23
Subdivision 1. Definitions. The following terms have the meanings given:
19.24
(1) "eligible student" means a resident student under section 136A.101, subdivision 8,
19.25
who is enrolled in any public postsecondary educational institution or Tribal college and
19.26
who meets the eligibility requirements in subdivision 2;
19.27
(2) "gift aid" means all includes:
19.28
(i) all federal financial aid that is not a loan or pursuant to a work-study program;
19.29
(ii) state financial aid, unless designated for other expenses, that is not a loan or pursuant
19.30
to a work-study program;
19
Sec. 18.
REVISOR
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20.1
(iii) institutional financial aid designated for the student's educational expenses, including
20.2
a grant, scholarship, tuition waiver, fellowship stipend, or other third-party payment, unless
20.3
designated for other expenses, that is not a loan or pursuant to a work-study program; and
20.4
(iv) all private financial aid that is not a loan or pursuant to a work-study program.
20.5
Financial aid from the state, public postsecondary educational institutions, and Tribal colleges
20.6
that is specifically designated for other expenses is not gift aid for purposes of the North
20.7
Star Promise scholarship.
20.8
(3) "office" means the Office of Higher Education;
20.9
(3) "other expenses" includes books, required supplies, child care, emergency assistance,
20.10
food, and housing;
20.11
(4) "public postsecondary educational institution" means an institution operated by this
20.12
state, the Board of Regents of the University of Minnesota, or a Tribal college;
20.13
(5) "recognized cost of attendance" has the meaning given in Code of Federal Regulations,
20.14
title 20, chapter 28, subchapter IV, part F, section 108711;
20.15
(5) "scholarship" means funds to pay 100 percent of tuition and fees remaining after
20.16
deducting grants and other scholarships;
20.17
(6) "Tribal college" means a college defined in section 136A.1796, subdivision 1,
20.18
paragraph (c); and
20.19
(7) "tuition and fees" means the actual tuition and mandatory fees charged by an
20.20
institution.
20.21
Sec. 19. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 2, is
20.22
amended to read:
20.23
Subd. 2. Conditions for eligibility. A scholarship may be awarded to an eligible student
20.24
who:
20.25
(1) has completed the Free Application for Federal Student Aid (FAFSA) or the state
20.26
aid application;
20.27
(2) has a family adjusted gross income below $80,000;
20.28
(3) is a graduate of a secondary school or its equivalent, or is 17 years of age or over
20.29
and has met all requirements for admission as a student to an eligible college or university;
20.30
(3) (4) has not earned a baccalaureate degree at the time the scholarship is awarded;
20
Sec. 19.
REVISOR
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21.1
(4) (5) is enrolled in at least one credit per fall, spring, or summer semester; and
21.2
(6) is enrolled in a program or course of study that applies to a degree, diploma, or
21.3
certificate;
21.4
(7) is not in default, as defined by the office, of any federal or state student educational
21.5
loan;
21.6
(8) is not more than 30 days in arrears in court-ordered child support that is collected or
21.7
enforced by the public authority responsible for child support enforcement or, if the applicant
21.8
is more than 30 days in arrears in court-ordered child support that is collected or enforced
21.9
by the public authority responsible for child support enforcement, but is complying with a
21.10
written payment agreement under section 518A.69 or order for arrearages;
21.11
(9) has not been convicted of or pled nolo contendere or guilty to a crime involving
21.12
fraud in obtaining federal Title IV funds within the meaning of Code of Federal Regulations,
21.13
subtitle B, chapter VI, part 668, subpart C; and
21.14
(5) (10) is meeting satisfactory academic progress as defined in section 136A.101,
21.15
subdivision 10.
21.16
Sec. 20. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 3, is
21.17
amended to read:
21.18
Subd. 3. Scholarship. (a) Beginning in the fall term of the 2024-2025 academic year,
21.19
scholarships shall be awarded to eligible students in an amount not to exceed 100 percent
21.20
of tuition and fees after grants and other scholarships are gift aid is deducted.
21.21
(b) For the 2024-2025, 2025-2026, and 2026-2027 academic years, if funds remain after
21.22
scholarships are awarded under paragraph (a), supplemental grants shall be awarded to
21.23
eligible students in an amount equal to 100 percent of tuition and fees plus, subject to
21.24
available funds, up to 50 percent of the amount of a Pell grant the student would receive
21.25
based on household size, family adjusted gross income, and results of the federal needs
21.26
analysis after other gift aid is deducted, not to exceed the student's recognized cost of
21.27
attendance. The commissioner may adjust the supplemental grant amount based on the
21.28
availability of funds.
21.29
Sec. 21. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 4, is
21.30
amended to read:
21.31
Subd. 4. Maintain current levels of institutional assistance. (a) Commencing with
21.32
the 2024-2025 academic year, a public postsecondary educational institution or Tribal
21
Sec. 21.
REVISOR
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22.1
college shall not reduce the institutional gift aid offered or awarded to a student who is
22.2
eligible to receive funds under this program unless the student's gift aid exceeds the student's
22.3
annual recognized cost of attendance.
22.4
(b) The public postsecondary educational institution or Tribal college may reduce the
22.5
institutional gift aid offer of a student who is eligible to receive funds under this program
22.6
by no more than the amount of the student's gift aid that is in excess of the student's annual
22.7
recognized cost of attendance.
22.8
(c) The public postsecondary educational institution or Tribal college shall not consider
22.9
receipt or anticipated receipt of funds under this program when considering a student for
22.10
qualification for institutional gift aid.
22.11
(d) To ensure financial aid is maximized, a public postsecondary educational institution
22.12
or Tribal college is encouraged to implement efforts to avoid scholarship displacement
22.13
through consultation with the Office of Higher Education and students to avoid situations
22.14
where institutional gift aid can only be used for specific purposes.
22.15
Sec. 22. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 5, is
22.16
amended to read:
22.17
Subd. 5. Duration of scholarship authorized; scholarship paid to institution. (a)
22.18
Each scholarship is for a period of one semester. A scholarship may be renewed provided
22.19
that the eligible student continues to meet the conditions of eligibility.
22.20
(b) Scholarships may be provided to an eligible student for up to 60 credits for pursuing
22.21
the completion of a certificate or an associate degree and up to 120 credits for the completion
22.22
of a bachelor's degree who has not previously received the scholarship for four full-time
22.23
semesters or the equivalent. Scholarships may be provided to an eligible student pursuing
22.24
the completion of a bachelor's degree who has not previously received the scholarship for
22.25
eight full-time semesters or the equivalent. The maximum credits for which a student is
22.26
eligible is a total of 120 credits eight full-time semesters or the equivalent. Courses taken
22.27
that qualify as developmental education or below college-level shall be excluded from the
22.28
limit.
22.29
(c) A student is entitled to an additional semester or the equivalent of grant eligibility
22.30
if the student withdraws from enrollment:
22.31
(1) for active military service because the student was ordered to active military service
22.32
as defined in section 190.05, subdivision 5b or 5c;
22
Sec. 22.
REVISOR
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23.1
(2) for a serious health condition, while under the care of a medical professional, that
23.2
substantially limits the student's ability to complete the term; or
23.3
(3) while providing care that substantially limits the student's ability to complete the
23.4
term to the student's spouse, child, or parent who has a serious health condition.
23.5
(c) The commissioner shall determine a time frame by which the eligible student must
23.6
complete the credential.
23.7
(d) The scholarship must be paid directly to the eligible institution where the student is
23.8
enrolled.
23.9
Sec. 23. Minnesota Statutes 2022, section 136A.1701, subdivision 4, is amended to read:
23.10
Subd. 4. Terms and conditions of loans. (a) The office may loan money upon such
23.11
terms and conditions as the office may prescribe.
23.12
(b) The minimum loan amount and a maximum loan amount to students must be
23.13
determined annually by the office. Loan limits are defined based on the type of program
23.14
enrollment, such as a certificate, an associate's degree, a bachelor's degree, or a graduate
23.15
program. The aggregate principal amount of all loans made subject to this paragraph to a
23.16
student as an undergraduate and graduate student must not exceed $140,000. The amount
23.17
of the loan must not exceed the cost of attendance as determined by the eligible institution
23.18
less all other financial aid, including PLUS loans or other similar parent loans borrowed on
23.19
the student's behalf. A student may borrow up to the maximum amount twice in the same
23.20
grade level.
23.21
(c) The cumulative borrowing maximums must be determined annually by the office
23.22
and are defined based on program enrollment. In determining the cumulative borrowing
23.23
maximums, the office shall, among other considerations, take into consideration the maximum
23.24
SELF loan amount, student financing needs, funding capacity for the SELF program,
23.25
delinquency and default loss management, and current financial market conditions.
23.26
Sec. 24. Minnesota Statutes 2022, section 136A.1701, subdivision 7, is amended to read:
23.27
Subd. 7. Repayment of loans. The office shall establish repayment procedures for loans
23.28
made under this section in accordance with the policies, rules, and conditions authorized
23.29
under section 136A.16, subdivision 2. The office will take into consideration the loan limits
23.30
and current financial market conditions when establishing repayment terms. The office shall
23.31
not require a minimum annual payment, though the office may require minimum monthly
23.32
payments.
23
Sec. 24.
REVISOR
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24.1
Sec. 25. Minnesota Statutes 2023 Supplement, section 136A.62, subdivision 3, is amended
24.2
to read:
24.3
Subd. 3. School. "School" means:
24.4
(1) a Tribal college that has a physical presence in Minnesota;
24.5
(2) any partnership, company, firm, society, trust, association, corporation, or any
24.6
combination thereof, with a physical presence in Minnesota, which: (i) is, owns, or operates
24.7
a private, nonprofit postsecondary education institution; (ii) is, owns, or operates a private,
24.8
for-profit postsecondary education institution; or (iii) provides a postsecondary instructional
24.9
program or course leading to a degree whether or not for profit; or
24.10
(3) any public or private postsecondary educational institution located in another state
24.11
or country which offers or makes available to a Minnesota resident any course, program or
24.12
educational activity which does not require the leaving of the state for its completion; or
24.13
with a physical presence in Minnesota.
24.14
(4) any individual, entity, or postsecondary institution located in another state that
24.15
contracts with any school located within the state of Minnesota for the purpose of providing
24.16
educational programs, training programs, or awarding postsecondary credits or continuing
24.17
education credits to Minnesota residents that may be applied to a degree program.
24.18
Sec. 26. Minnesota Statutes 2022, section 136A.62, is amended by adding a subdivision
24.19
to read:
24.20
Subd. 8. Postsecondary education. "Postsecondary education" means the range of
24.21
formal learning opportunities beyond high school, including those aimed at learning an
24.22
occupation or earning an academic credential.
24.23
Sec. 27. Minnesota Statutes 2022, section 136A.62, is amended by adding a subdivision
24.24
to read:
24.25
Subd. 9. Physical presence. "Physical presence" means a presence within the state of
24.26
Minnesota for the purpose of conducting activity related to any program at the degree level
24.27
or courses that may be applied to a degree program. Physical presence includes:
24.28
(1) operating a location within the state;
24.29
(2) offering instruction within or originating from Minnesota designed to impart
24.30
knowledge with response utilizing teachers, trainers, counselors or computer resources,
24.31
computer linking, or any form of electronic means; and
24
Sec. 27.
REVISOR
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25.1
(3) granting an educational credential from a location within the state or to a student
25.2
within the state.
25.3
Physical presence does not include field trips, sanctioned sports recruiting activities, or
25.4
college fairs or other assemblies of schools in Minnesota. No school may enroll an individual,
25.5
allow an individual to sign any agreement obligating the person to the school, accept any
25.6
moneys from the individual, or follow up with an individual by means of an in-person
25.7
meeting in Minnesota at a college fair or assembly.
25.8
Sec. 28. Minnesota Statutes 2022, section 136A.63, subdivision 1, is amended to read:
25.9
Subdivision 1. Annual registration. All schools located within Minnesota and all schools
25.10
located outside Minnesota with a physical presence in Minnesota which offer degree
25.11
programs or courses within Minnesota shall register annually with the office.
25.12
Sec. 29. Minnesota Statutes 2022, section 136A.646, is amended to read:
25.13
136A.646 ADDITIONAL SECURITY.
25.14
(a) New institutions that have been granted conditional approval for degrees or names
25.15
to allow them the opportunity to apply for and receive accreditation under section 136A.65,
25.16
subdivision 7, shall provide a surety bond in a sum equal to ten percent of the net revenue
25.17
from tuition and fees in the registered institution's prior fiscal year, but in no case shall the
25.18
bond be less than $10,000.
25.19
(b) Any registered institution that is notified by the United States Department of Education
25.20
that it has fallen below minimum financial standards and that its continued participation in
25.21
Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal
25.22
Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code
25.23
of Federal Regulations, title 34, section 668.175, paragraph (c) (d), shall provide a surety
25.24
bond in a sum equal to the "letter of credit" required by the United States Department of
25.25
Education in the Letter of Credit Alternative, but in no event shall such bond be less than
25.26
$10,000 nor more than $250,000. If the letter of credit required by the United States
25.27
Department of Education is higher than ten percent of the Title IV, Higher Education Act
25.28
program funds received by the institution during its most recently completed fiscal year,
25.29
the office shall reduce the office's surety requirement to represent ten percent of the Title
25.30
IV, Higher Education Act program funds received by the institution during its most recently
25.31
completed fiscal year, subject to the minimum and maximum in this paragraph.
25
Sec. 29.
REVISOR
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26.1
(c) In lieu of a bond, the applicant may deposit with the commissioner of management
26.2
and budget:
26.3
(1) a sum equal to the amount of the required surety bond in cash;
26.4
(2) securities, as may be legally purchased by savings banks or for trust funds, in an
26.5
aggregate market value equal to the amount of the required surety bond; or
26.6
(3) an irrevocable letter of credit issued by a financial institution to the amount of the
26.7
required surety bond.
26.8
(d) The surety of any bond may cancel it upon giving 60 days' notice in writing to the
26.9
office and shall be relieved of liability for any breach of condition occurring after the
26.10
effective date of cancellation.
26.11
(e) In the event of a school closure, the additional security must first be used to destroy
26.12
any private educational data under section 13.32 left at a physical campus in Minnesota
26.13
after all other governmental agencies have recovered or retrieved records under their record
26.14
retention policies. Any remaining funds must then be used to reimburse tuition and fee costs
26.15
to students that were enrolled at the time of the closure or had withdrawn in the previous
26.16
120 180 calendar days but did not graduate. Priority for refunds will be given to students
26.17
in the following order:
26.18
(1) cash payments made by the student or on behalf of a student;
26.19
(2) private student loans; and
26.20
(3) Veteran Administration education benefits that are not restored by the Veteran
26.21
Administration. If there are additional security funds remaining, the additional security
26.22
funds may be used to cover any administrative costs incurred by the office related to the
26.23
closure of the school.
26.24
Sec. 30. Minnesota Statutes 2022, section 136A.65, subdivision 4, is amended to read:
26.25
Subd. 4. Criteria for approval. (a) A school applying to be registered and to have its
26.26
degree or degrees and name approved must substantially meet the following criteria:
26.27
(1) the school has an organizational framework with administrative and teaching personnel
26.28
to provide the educational programs offered;
26.29
(2) the school has financial resources sufficient to meet the school's financial obligations,
26.30
including refunding tuition and other charges consistent with its stated policy if the institution
26.31
is dissolved, or if claims for refunds are made, to provide service to the students as promised,
26.32
and to provide educational programs leading to degrees as offered;
26
Sec. 30.
REVISOR
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27.1
(3) the school operates in conformity with generally accepted accounting principles
27.2
according to the type of school;
27.3
(4) the school provides an educational program leading to the degree it offers;
27.4
(5) the school provides appropriate and accessible library, laboratory, and other physical
27.5
facilities to support the educational program offered;
27.6
(6) the school has a policy on freedom or limitation of expression and inquiry for faculty
27.7
and students which is published or available on request;
27.8
(7) the school uses only publications and advertisements which are truthful and do not
27.9
give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school,
27.10
its personnel, programs, services, or occupational opportunities for its graduates for promotion
27.11
and student recruitment;
27.12
(8) the school's compensated recruiting agents who are operating in Minnesota identify
27.13
themselves as agents of the school when talking to or corresponding with students and
27.14
prospective students;
27.15
(9) the school provides information to students and prospective students concerning:
27.16
(i) comprehensive and accurate policies relating to student admission, evaluation,
27.17
suspension, and dismissal;
27.18
(ii) clear and accurate policies relating to granting credit for prior education, training,
27.19
and experience and for courses offered by the school;
27.20
(iii) current schedules of fees, charges for tuition, required supplies, student activities,
27.21
housing, and all other standard charges;
27.22
(iv) policies regarding refunds and adjustments for withdrawal or modification of
27.23
enrollment status; and
27.24
(v) procedures and standards used for selection of recipients and the terms of payment
27.25
and repayment for any financial aid program;
27.26
(10) the school must not withhold a student's official transcript because the student is
27.27
in arrears or in default on any loan issued by the school to the student if the loan qualifies
27.28
as an institutional loan under United States Code, title 11, section 523(a)(8)(b); and
27.29
(11) the school has a process to receive and act on student complaints.; and
27.30
(12) the school includes a joint and several liability for torts and compliance with the
27.31
requirements of sections 136A.61 to 136A.71 in any contract effective after July 1, 2026,
27
Sec. 30.
REVISOR
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28.1
with any individual, entity, or postsecondary school located in another state for the purpose
28.2
of providing educational programs, training programs, or awarding postsecondary credits
28.3
or continuing education credits to Minnesota residents that may be applied to a degree
28.4
program.
28.5
(b) An application for degree approval must also include:
28.6
(i) title of degree and formal recognition awarded;
28.7
(ii) location where such degree will be offered;
28.8
(iii) proposed implementation date of the degree;
28.9
(iv) admissions requirements for the degree;
28.10
(v) length of the degree;
28.11
(vi) projected enrollment for a period of five years;
28.12
(vii) the curriculum required for the degree, including course syllabi or outlines;
28.13
(viii) statement of academic and administrative mechanisms planned for monitoring the
28.14
quality of the proposed degree;
28.15
(ix) statement of satisfaction of professional licensure criteria, if applicable;
28.16
(x) documentation of the availability of clinical, internship, externship, or practicum
28.17
sites, if applicable; and
28.18
(xi) statement of how the degree fulfills the institution's mission and goals, complements
28.19
existing degrees, and contributes to the school's viability.
28.20
Sec. 31. Minnesota Statutes 2022, section 136A.675, subdivision 2, is amended to read:
28.21
Subd. 2. Additional reporting. (a) In addition to the information required for the
28.22
indicators in subdivision 1, an institution must notify the office within ten business days if
28.23
any of the events in paragraphs (b) to (e) occur.
28.24
(b) Related to revenue, debt, and cash flow, notice is required if:
28.25
(1) the institution defaulted on a debt payment or covenant and has not received a waiver
28.26
of the violation from the financial institution within 60 days;
28.27
(2) for institutions with a federal composite score of less than 1.5, the institution's owner
28.28
withdraws equity that directly results in a composite score of less than 1.0, unless the
28.29
withdrawal is a transfer between affiliated entities included in a common composite score;
28
Sec. 31.
REVISOR
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29.1
(3) the United States Department of Education requires a 25 percent or greater Letter of
29.2
Credit, except when the Letter of Credit is imposed due to a change of ownership;
29.3
(4) the United States Department of Education requires Heightened Cash Monitoring 2;
29.4
(5) the institution receives written notification that it violated the United States
29.5
Department of Education's revenue requirement under United States Code, title 20, section
29.6
1094(a)(24), as amended; or
29.7
(6) the institution receives written notification by the United States Department of
29.8
Education that it has fallen below minimum financial standards and that its continued
29.9
participation in Title IV is conditioned upon satisfying either the Zone Alternative, Code
29.10
of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit
29.11
Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c) (d).
29.12
(c) Related to accreditation and licensing, notice is required if:
29.13
(1) the institution receives written notification of probation, warning, show-cause, or
29.14
loss of institutional accreditation;
29.15
(2) the institution receives written notification that its institutional accreditor lost federal
29.16
recognition; or
29.17
(3) the institution receives written notification that it has materially violated state
29.18
authorization or institution licensing requirements in a different state that may lead to or
29.19
has led to the termination of the institution's ability to continue to provide educational
29.20
programs or otherwise continue to operate in that state.
29.21
(d) Related to securities, notice is required if:
29.22
(1) the Securities and Exchange Commission (i) issues an order suspending or revoking
29.23
the registration of the institution's securities, or (ii) suspends trading of the institution's
29.24
securities on any national securities exchange;
29.25
(2) the national securities exchange on which the institution's securities are traded notifies
29.26
the institution that it is not in compliance with the exchange's listing requirements and the
29.27
institution's securities are delisted; or
29.28
(3) the Securities and Exchange Commission is not in timely receipt of a required report
29.29
and did not issue an extension to file the report.
29.30
(e) Related to criminal and civil investigations, notice is required if:
29.31
(1) the institution receives written notification of a felony criminal indictment or charges
29.32
of the institution's owner;
29
Sec. 31.
REVISOR
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30.1
(2) the institution receives written notification of criminal indictment or charges of the
30.2
institution's officers related to operations of the institution; or
30.3
(3) there has been a criminal, civil, or administrative adjudication of fraud or
30.4
misrepresentation in Minnesota or in another state or jurisdiction against the institution or
30.5
its owner, officers, agents, or sponsoring organization.
30.6
Sec. 32. Minnesota Statutes 2022, section 136A.821, subdivision 5, is amended to read:
30.7
Subd. 5. Private career school. "Private career school" means a person who maintains,
30.8
advertises, administers, solicits for, or conducts a physical presence for any program at less
30.9
than an associate degree level; is not registered as a private institution under sections 136A.61
30.10
to 136A.71; and is not specifically exempted by section 136A.833.
30.11
Sec. 33. Minnesota Statutes 2022, section 136A.821, is amended by adding a subdivision
30.12
to read:
30.13
Subd. 20. Physical presence. "Physical presence" means presence within the state of
30.14
Minnesota for the purpose of conducting activity related to any program at less than an
30.15
associate degree level. Physical presence includes:
30.16
(1) operating a location within the state;
30.17
(2) offering instruction within or originating from Minnesota designed to impart
30.18
knowledge with response utilizing teachers, trainers, counselors or computer resources,
30.19
computer linking, or any form of electronic means;
30.20
(3) granting an educational credential from a location within the state or to a student
30.21
within the state; and
30.22
(4) using an agent, recruiter, institution, or business that solicits for enrollment or credits
30.23
or for the award of an educational credential.
30.24
Physical presence does not include field trips, sanctioned sports recruiting activities, or
30.25
college fairs or other assemblies of schools in Minnesota. No school may enroll an individual,
30.26
allow an individual to sign any agreement obligating the person to the school, accept any
30.27
moneys from the individual, or follow up with an individual by means of an in-person
30.28
meeting in Minnesota at a college fair or assembly.
30
Sec. 33.
REVISOR
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31.1
Sec. 34. Minnesota Statutes 2022, section 136A.822, subdivision 1, is amended to read:
31.2
Subdivision 1. Required. A private career school must not maintain, advertise, solicit
31.3
for, administer, or conduct a physical presence for any program in Minnesota without first
31.4
obtaining a license from the office.
31.5
Sec. 35. Minnesota Statutes 2022, section 136A.822, subdivision 2, is amended to read:
31.6
Subd. 2. Contract unenforceable. A contract entered into with a person for a program
31.7
by or on behalf of a person operating a private career school with a physical presence in
31.8
Minnesota to which a license has not been issued under sections 136A.821 to 136A.833, is
31.9
unenforceable in any action.
31.10
Sec. 36. Minnesota Statutes 2022, section 136A.822, subdivision 6, is amended to read:
31.11
Subd. 6. Bond. (a) No license shall be issued to any private career school which
31.12
maintains, conducts, solicits for, or advertises with a physical presence within the state of
31.13
Minnesota for any program, unless the applicant files with the office a continuous corporate
31.14
surety bond written by a company authorized to do business in Minnesota conditioned upon
31.15
the faithful performance of all contracts and agreements with students made by the applicant.
31.16
(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net
31.17
revenue from student tuition, fees, and other required institutional charges collected, but in
31.18
no event less than $10,000, except that a private career school may deposit a greater amount
31.19
at its own discretion. A private career school in each annual application for licensure must
31.20
compute the amount of the surety bond and verify that the amount of the surety bond complies
31.21
with this subdivision. A private career school that operates at two or more locations may
31.22
combine net revenue from student tuition, fees, and other required institutional charges
31.23
collected for all locations for the purpose of determining the annual surety bond requirement.
31.24
The net revenue from tuition and fees used to determine the amount of the surety bond
31.25
required for a private career school having a license for the sole purpose of recruiting students
31.26
in Minnesota shall be only that paid to the private career school by the students recruited
31.27
from Minnesota.
31.28
(2) A person required to obtain a private career school license due to the use of
31.29
"academy," "institute," "college," or "university" in its name and which is also licensed by
31.30
another state agency or board, except not including those schools licensed exclusively in
31.31
order to participate in state grants or SELF loan financial aid programs, shall be required
31.32
to provide a school bond of $10,000.
31
Sec. 36.
REVISOR
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32.1
(c) The bond shall run to the state of Minnesota and to any person who may have a cause
32.2
of action against the applicant arising at any time after the bond is filed and before it is
32.3
canceled for breach of any contract or agreement made by the applicant with any student.
32.4
The aggregate liability of the surety for all breaches of the conditions of the bond shall not
32.5
exceed the principal sum deposited by the private career school under paragraph (b). The
32.6
surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
32.7
shall be relieved of liability for any breach of condition occurring after the effective date
32.8
of cancellation.
32.9
(d) In lieu of bond, the applicant may deposit with the commissioner of management
32.10
and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
32.11
letter of credit issued by a financial institution equal to the amount of the required surety
32.12
bond, or securities as may be legally purchased by savings banks or for trust funds in an
32.13
aggregate market value equal to the amount of the required surety bond.
32.14
(e) Failure of a private career school to post and maintain the required surety bond or
32.15
deposit under paragraph (d) may result in denial, suspension, or revocation of the school's
32.16
license.
32.17
Sec. 37. Minnesota Statutes 2022, section 136A.822, subdivision 7, is amended to read:
32.18
Subd. 7. Resident agent. Private career schools located outside the state of Minnesota
32.19
that offer, advertise, solicit for, or conduct any program have a physical presence within
32.20
the state of Minnesota shall first file with the secretary of state a sworn statement designating
32.21
a resident agent authorized to receive service of process. The statement shall designate the
32.22
secretary of state as resident agent for service of process in the absence of a designated
32.23
agent. If a private career school fails to file the statement, the secretary of state is designated
32.24
as the resident agent authorized to receive service of process. The authorization shall be
32.25
irrevocable as to causes of action arising out of transactions occurring prior to the filing of
32.26
written notice of withdrawal from the state of Minnesota filed with the secretary of state.
32.27
Sec. 38. Minnesota Statutes 2022, section 136A.822, subdivision 8, is amended to read:
32.28
Subd. 8. Minimum standards. A license shall be issued if the office first determines:
32.29
(1) that the applicant has a sound financial condition with sufficient resources available
32.30
to:
32.31
(i) meet the private career school's financial obligations;
32
Sec. 38.
REVISOR
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33.1
(ii) refund all tuition and other charges, within a reasonable period of time, in the event
33.2
of dissolution of the private career school or in the event of any justifiable claims for refund
33.3
against the private career school by the student body;
33.4
(iii) provide adequate service to its students and prospective students; and
33.5
(iv) maintain and support the private career school;
33.6
(2) that the applicant has satisfactory facilities with sufficient tools and equipment and
33.7
the necessary number of work stations to prepare adequately the students currently enrolled,
33.8
and those proposed to be enrolled;
33.9
(3) that the applicant employs a sufficient number of qualified teaching personnel to
33.10
provide the educational programs contemplated;
33.11
(4) that the private career school has an organizational framework with administrative
33.12
and instructional personnel to provide the programs and services it intends to offer;
33.13
(5) that the quality and content of each occupational course or program of study provides
33.14
education and adequate preparation to enrolled students for entry level positions in the
33.15
occupation for which prepared;
33.16
(6) that the premises and conditions where the students work and study and the student
33.17
living quarters which are owned, maintained, recommended, or approved by the applicant
33.18
are sanitary, healthful, and safe, as evidenced by certificate of occupancy issued by the
33.19
municipality or county where the private career school is physically situated, a fire inspection
33.20
by the local or state fire marshal, or another verification deemed acceptable by the office;
33.21
(7) that the contract or enrollment agreement used by the private career school complies
33.22
with the provisions in section 136A.826;
33.23
(8) that contracts and agreements do not contain a wage assignment provision or a
33.24
confession of judgment clause; and
33.25
(9) that there has been no adjudication of fraud or misrepresentation in any criminal,
33.26
civil, or administrative proceeding in any jurisdiction against the private career school or
33.27
its owner, officers, agents, or sponsoring organization.;
33.28
(10) the private career school or its owners, officers, agents, or sponsoring organization
33.29
has not had a license revoked under section 136A.829, or its equivalent in other states or
33.30
has closed the institution prior to all students, enrolled at the time of the closure, completing
33.31
their program within two years of the effective date of the revocation; and
33
Sec. 38.
REVISOR
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34.1
(11) the school includes a joint and several liability for torts and compliance with the
34.2
requirements of sections 136A.82 to 136A.834 in any contract effective after July 1, 2026,
34.3
with any individual, entity, or postsecondary school located in another state for the purpose
34.4
of providing educational programs, training programs, or awarding postsecondary credits
34.5
to Minnesota residents that may be applied to a program.
34.6
Sec. 39. Minnesota Statutes 2022, section 136A.828, subdivision 3, is amended to read:
34.7
Subd. 3. False statements. (a) A private career school, agent, or solicitor shall not make,
34.8
or cause to be made, any statement or representation, oral, written or visual, in connection
34.9
with the offering or publicizing of a program, if the private career school, agent, or solicitor
34.10
knows or reasonably should have known the statement or representation to be false,
34.11
fraudulent, deceptive, substantially inaccurate, or misleading.
34.12
(b) Other than opinion-based statements or puffery, a school shall only make claims that
34.13
are evidence-based, can be validated, and are based on current conditions and not on
34.14
conditions that are no longer relevant.
34.15
(c) A school shall not guarantee or imply the guarantee of employment.
34.16
(d) A school shall not guarantee or advertise any certain wage or imply earnings greater
34.17
than the prevailing wage for entry-level wages in the field of study for the geographic area
34.18
unless advertised wages are based on verifiable wage information from graduates.
34.19
(e) If placement statistics are used in advertising or other promotional materials, the
34.20
school must be able to substantiate the statistics with school records. These records must
34.21
be made available to the office upon request. A school is prohibited from reporting the
34.22
following in placement statistics:
34.23
(1) a student required to receive a job offer or start a job to be classified as a graduate;
34.24
(2) a graduate if the graduate held a position before enrolling in the program, unless
34.25
graduating enabled the graduate to maintain the position or the graduate received a promotion
34.26
or raise upon graduation;
34.27
(3) a graduate who works less than 20 hours per week; and
34.28
(4) a graduate who is not expected to maintain the position for at least 180 days.
34.29
(f) A school shall not use endorsements, commendations, or recommendations by a
34.30
student in favor of a school except with the consent of the student and without any offer of
34.31
financial or other material compensation. Endorsements may be used only when they portray
34.32
current conditions.
34
Sec. 39.
REVISOR
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35.1
(g) A school may advertise that the school or its programs have been accredited by an
35.2
accrediting agency recognized by the United States Department of Education or the Council
35.3
for Higher Education Accreditation, but shall not advertise any other accreditation unless
35.4
approved by the office. The office may approve an institution's advertising of accreditation
35.5
that is not recognized by the United States Department of Education or the Council for
35.6
Higher Education if that accreditation is industry specific. Clear distinction must be made
35.7
when the school is in candidacy or application status versus full accreditation.
35.8
(h) A school may advertise that financial aid is available, including a listing of the
35.9
financial aid programs in which the school participates, but federal or state financial aid
35.10
shall not be used as a primary incentive in advertisement, promotion, or recruitment.
35.11
(i) A school may advertise placement or career assistance, if offered, but shall not use
35.12
the words "wanted," "help wanted," or "trainee," either in the headline or the body of the
35.13
advertisement.
35.14
(j) A school shall not be advertised under any "help wanted," "employment," or similar
35.15
classification.
35.16
(k) A school shall not falsely claim that it is conducting a talent hunt, contest, or similar
35.17
test.
35.18
(l) A school shall not make a claim that its program qualifies for a national certification
35.19
if that national certification entity is not accepted or recognized by Minnesota employers.
35.20
A school may validate that a national certification is accepted or recognized by Minnesota
35.21
employers by providing three certified letters from employers that the national certification
35.22
entity is recognized in Minnesota by employers.
35.23
(l) (m) The commissioner, at any time, may require a retraction of a false, misleading,
35.24
or deceptive claim. To the extent reasonable, the retraction must be published in the same
35.25
manner as the original claim.
35.26
Sec. 40. Minnesota Statutes 2022, section 136A.829, subdivision 3, is amended to read:
35.27
Subd. 3. Powers and duties. The office shall have (in addition to the powers and duties
35.28
now vested therein by law) the following powers and duties:
35.29
(a) To negotiate and enter into interstate reciprocity agreements with similar agencies
35.30
in other states, if in the judgment of the office such agreements are or will be helpful in
35.31
effectuating the purposes of Laws 1973, chapter 714;
35
Sec. 40.
REVISOR
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36.1
(b) To grant conditional private career school license for periods of less than one year
36.2
if in the judgment of the office correctable deficiencies exist at the time of application and
36.3
when refusal to issue private career school license would adversely affect currently enrolled
36.4
students;
36.5
(c) The office may upon its own motion, and shall upon the verified complaint in writing
36.6
of any person setting forth fact which, if proved, would constitute grounds for refusal or
36.7
revocation under Laws 1973, chapter 714, investigate the actions of any applicant or any
36.8
person or persons holding or claiming to hold a license or permit. However, before proceeding
36.9
to a hearing on the question of whether a license or permit shall be refused, revoked or
36.10
suspended for any cause enumerated in subdivision 1, the office shall grant a reasonable
36.11
time to the holder of or applicant for a license or permit to correct the situation. If within
36.12
such time the situation is corrected and the private career school is in compliance with the
36.13
provisions of sections 136A.82 to 136A.834, no further action leading to refusal, revocation,
36.14
or suspension shall be taken.
36.15
(d) To grant a private career school a probationary license for periods of less than three
36.16
years if, in the judgment of the office, correctable deficiencies exist at the time of application
36.17
that need more than one year to correct and when the risk of harm to students can be
36.18
minimized through the use of restrictions and requirements as conditions of the license.
36.19
Probationary licenses may include requirements and restrictions for:
36.20
(1) periodic monitoring and submission of reports on the school's deficiencies to ascertain
36.21
whether compliance improves;
36.22
(2) periodic collaborative consultations with the school on noncompliance with sections
36.23
136A.82 to 136A.834 or how the institution is managing compliance;
36.24
(3) the submission of contingency plans such as teach-out plans or transfer pathways
36.25
for students;
36.26
(4) a prohibition from accepting tuition and fee payments prior to the add/drop period
36.27
of the current period of instruction or before the funds have been earned by the school
36.28
according to the refund requirements of section 136A.827;
36.29
(5) a prohibition from enrolling new students;
36.30
(6) enrollment caps;
36.31
(7) the initiation of alternative processes and communications with students enrolled at
36.32
the school to notify students of deficiencies or probation status;
36
Sec. 40.
REVISOR
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37.1
(8) the submission of a surety under section 136A.822, subdivision 6, paragraph (b),
37.2
clause (1), that exceeds ten percent of the preceding year's net revenue from student tuition,
37.3
fees, and other required institutional charges collected; or
37.4
(9) submission of closure information under section 136A.8225.
37.5
Sec. 41. Minnesota Statutes 2022, section 136A.829, is amended by adding a subdivision
37.6
to read:
37.7
Subd. 4. Effect. A private career school or its owners, officers, or sponsoring organization
37.8
is prohibited from applying for licensure under section 136A.822 within two years of the
37.9
effective date of a revocation or within two years from the last date of instruction if the
37.10
school closed prior to all students completing their courses and programs. A school applying
37.11
for licensure must:
37.12
(1) meet the requirements for licensure under section 136A.822;
37.13
(2) pay the licensure fees as a new school under section 136A.824, subdivision 1;
37.14
(3) correct any deficiencies that were identified in the revocation order or closed school
37.15
requests under section 136A.8225;
37.16
(4) pay any outstanding fines or penalties under section 136A.832; and
37.17
(5) pay any outstanding student refunds under section 136A.827.
37.18
Sec. 42. Minnesota Statutes 2023 Supplement, section 136A.833, subdivision 2, is amended
37.19
to read:
37.20
Subd. 2. Exemption reasons. Sections 136A.821 to 136A.832 shall not apply to the
37.21
following:
37.22
(1) public postsecondary institutions;
37.23
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
37.24
(3) postsecondary institutions exempt from registration under sections 136A.653,
37.25
subdivisions 1b, 2, 3, and 3a; 136A.657; and 136A.658;
37.26
(4) private career schools of nursing accredited by the state Board of Nursing or an
37.27
equivalent public board of another state or foreign country;
37.28
(5) (4) private schools complying with the requirements of section 120A.22, subdivision
37.29
4;
37
Sec. 42.
REVISOR
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38.1
(6) (5) courses taught to students in an apprenticeship program registered by the United
38.2
States Department of Labor or Minnesota Department of Labor and taught by or required
38.3
by a trade union. A trade union is an organization of workers in the same skilled occupation
38.4
or related skilled occupations who act together to secure all members favorable wages,
38.5
hours, and other working conditions;
38.6
(7) (6) private career schools exclusively engaged in training physically or mentally
38.7
disabled persons for the state of Minnesota;
38.8
(8) (7) private career schools licensed or approved by boards authorized under Minnesota
38.9
law to issue licenses for training programs except private career schools required to obtain
38.10
a private career school license due to the use of "academy," "institute," "college," or
38.11
"university" in their names;
38.12
(9) (8) private career schools and educational programs, or training programs, contracted
38.13
for by persons, firms, corporations, government agencies, or associations, for the training
38.14
of their own employees, for which no fee is charged the employee, regardless of whether
38.15
that fee is reimbursed by the employer or third party after the employee successfully
38.16
completes the training;
38.17
(10) (9) private career schools engaged exclusively in the teaching of purely avocational,
38.18
recreational, or remedial subjects that are not advertised or maintained for vocational or
38.19
career advancement, including adult basic education, as determined by the office except
38.20
private career schools required to obtain a private career school license due to the use of
38.21
"academy," "institute," "college," or "university" in their names unless the private career
38.22
school used "academy" or "institute" in its name prior to August 1, 2008;
38.23
(11) (10) classes, courses, or programs conducted by a bona fide trade, professional, or
38.24
fraternal organization, solely for that organization's membership and not available to the
38.25
public. In making the determination that the organization is bona fide, the office may request
38.26
the school provide three certified letters from persons that qualify as evaluators under section
38.27
136A.828, subdivision 3, paragraph (l), that the organization is recognized in Minnesota;
38.28
(12) (11) programs in the fine arts provided by organizations exempt from taxation under
38.29
section 290.05 and registered with the attorney general under chapter 309. For the purposes
38.30
of this clause, "fine arts" means activities resulting in artistic creation or artistic performance
38.31
of works of the imagination which are engaged in for the primary purpose of creative
38.32
expression rather than commercial sale, vocational or career advancement, or employment.
38.33
In making this determination the office may seek the advice and recommendation of the
38.34
Minnesota Board of the Arts;
38
Sec. 42.
REVISOR
EB/CH
24-05241
02/14/24
39.1
(13) (12) classes, courses, or programs intended to fulfill the continuing education
39.2
requirements for a bona fide licensure or certification in a profession, that have been approved
39.3
by a legislatively or judicially established board or agency responsible for regulating the
39.4
practice of the profession or by an industry-specific certification entity, and that are offered
39.5
exclusively to individuals with the professional licensure or certification. In making the
39.6
determination that the licensure or certification is bona fide, the office may request the
39.7
school provide three certified letters from persons that qualify as evaluators under section
39.8
136A.828, subdivision 3, paragraph (l), that the licensure and certification is recognized in
39.9
Minnesota;
39.10
(14) (13) review classes, courses, or programs intended to prepare students to sit for
39.11
undergraduate, graduate, postgraduate, or occupational licensing, certification, or entrance
39.12
examinations and does not include the instruction to prepare students for that license,
39.13
occupation, certification, or exam;
39.14
(15) (14) classes, courses, or programs providing 16 or fewer clock hours of instruction;
39.15
(16) (15) classes, courses, or programs providing instruction in personal development
39.16
that is not advertised or maintained for vocational or career advancement, modeling, or
39.17
acting;
39.18
(17) (16) private career schools with no physical presence in Minnesota, as determined
39.19
by the office, engaged exclusively in offering distance instruction that are located in and
39.20
regulated by other states or jurisdictions if the distance education instruction does not include
39.21
internships, externships, field placements, or clinical placements for residents of Minnesota;
39.22
and
39.23
(18) (17) private career schools providing exclusively training, instructional programs,
39.24
or courses where tuition, fees, and any other charges, regardless of payment or reimbursement
39.25
method, for a student to participate do not exceed $100.
39.26
Sec. 43. REVISOR INSTRUCTION.
39.27
In Minnesota Statutes, section 135A.15, the revisor of statutes shall change the terms
39.28
"victim," "survivor," or similar terms to "victim-survivor" or similar term. The revisor shall
39.29
make grammatical changes related to the change in terms.
39
Sec. 43.
REVISOR
EB/CH
24-05241
02/14/24
As enrolled or final
152,824 characters
1.1
A bill for an act
1.2
relating to higher education; providing for funding and policy and technical changes
1.3
to certain higher education provisions, including student sexual misconduct, student
1.4
admissions, student aid, student supports, and institutional registration and contract
1.5
provisions; modifying the bonding authority of the Minnesota Higher Education
1.6
Facilities Authority; modifying previous appropriations; establishing fees; requiring
1.7
reports; appropriating money; amending Minnesota Statutes 2022, sections
1.8
135A.15, as amended; 136A.091, subdivision 3; 136A.1241, subdivision 3;
1.9
136A.1701, subdivisions 4, 7; 136A.29, subdivision 9; 136A.62, by adding
1.10
subdivisions; 136A.63, subdivision 1; 136A.646; 136A.65, subdivision 4;
1.11
136A.675, subdivision 2; 136A.69, subdivision 1; 136A.821, subdivision 5, by
1.12
adding a subdivision; 136A.822, subdivisions 1, 2, 6, 7, 8; 136A.824, subdivisions
1.13
1, 2; 136A.828, subdivision 3, by adding a subdivision; 136A.829, subdivision 3,
1.14
by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 135A.121,
1.15
subdivision 2; 135A.161, by adding a subdivision; 135A.162, subdivision 2;
1.16
136A.1241, subdivision 5; 136A.1465, subdivisions 1, 2, 3, 4, 5; 136A.62,
1.17
subdivision 3; 136A.833, subdivision 2; 136F.38, subdivision 3; Laws 2022,
1.18
chapter 42, section 2; Laws 2023, chapter 41, article 1, sections 2, subdivisions
1.19
35, 36, 49, as amended; 4, subdivision 2; proposing coding for new law in
1.20
Minnesota Statutes, chapters 135A; 136A; 137; repealing Minnesota Statutes 2022,
1.21
section 135A.16; Minnesota Statutes 2023 Supplement, section 135A.162,
1.22
subdivision 7.
1.23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.24
ARTICLE 1
1.25
HIGHER EDUCATION APPROPRIATIONS
1.26
Section 1. Laws 2022, chapter 42, section 2, is amended to read:
1.27
Sec. 2. APPROPRIATION; ALS RESEARCH.
1.28
(a) $20,000,000 $396,000 in fiscal year 2023 is appropriated from the general fund to
1.29
the commissioner of the Office of Higher Education to award competitive grants to applicants
1
Article 1 Section 1.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 4024
NINETY-THIRD SESSION
Authored by Pelowski and Wolgamott
02/19/2024
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy
Adoption of Report: Placed on the General Register as Amended
03/25/2024
Read for the Second Time
Calendar for the Day, Amended
04/04/2024
Read Third Time as Amended
Passed by the House as Amended and transmitted to the Senate to include Floor Amendments
Returned to the House as Amended by the Senate
04/15/2024
Refused to concur and a Conference Committee was appointed
Conference Committee Report Adopted
05/17/2024
Read Third Time as Amended by Conference and repassed by the House
Read Third Time as Amended by Conference and repassed by the Senate
05/19/2024
2.1
for research into amyotrophic lateral sclerosis (ALS). The commissioner may work with
2.2
the Minnesota Department of Health to administer the grant program, including identifying
2.3
clinical and translational research and innovations, developing outcomes and objectives
2.4
with the goal of bettering the lives of individuals with ALS and finding a cure for the disease,
2.5
and application review and grant recipient selection. Not more than $400,000 $396,000
2.6
may be used by the commissioner to administer the grant program. This is a onetime
2.7
appropriation. Notwithstanding Minnesota Statutes, section 16A.28, unencumbered balances
2.8
under this section do not cancel until June 30, 2026.
2.9
(b) $19,604,000 in fiscal year 2024 is appropriated from the general fund to the
2.10
commissioner of the Office of Higher Education to award competitive grants to applicants
2.11
for research into amyotrophic lateral sclerosis (ALS). The commissioner may work with
2.12
the Minnesota Department of Health to administer the grant program, including identifying
2.13
clinical and translational research and innovations, developing outcomes and objectives
2.14
with the goal of bettering the lives of individuals with ALS and finding a cure for the disease,
2.15
and application review and grant recipient selection. Up to $15,000,000 may be used by the
2.16
commissioner for grants to the Amyotrophic Lateral Sclerosis Association, Never Surrender,
2.17
or other similar organizations to award and administer competitive grants to applicants for
2.18
research into ALS under this section. This is a onetime appropriation. Notwithstanding
2.19
Minnesota Statutes, section 16A.28, unencumbered balances under this section do not cancel
2.20
until June 30, 2029. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14,
2.21
the commissioner, the Amyotrophic Lateral Sclerosis Association, Never Surrender, and
2.22
other similar organizations may use up to a total of five percent of this appropriation for
2.23
administrative costs.
2.24
(b) (c) Grants shall be awarded to support clinical and translational research related to
2.25
ALS. Research topics may include but are not limited to environmental factors, disease
2.26
mechanisms, disease models, biomarkers, drug development, clinical studies, precision
2.27
medicine, medical devices, assistive technology, and cognitive studies.
2.28
(c) (d) Eligible applicants for the grants are research facilities, universities, and health
2.29
systems located in Minnesota. Applicants must submit proposals to the commissioner in
2.30
the time, form, and manner established by the commissioner. Applicants may coordinate
2.31
research endeavors and submit a joint application. When reviewing the proposals, the
2.32
commissioner shall make an effort to avoid approving a grant for an applicant whose research
2.33
is duplicative of an existing grantee's research.
2.34
(d) (e) Beginning January 15, 2023, and annually thereafter until January 15, 2027 2030,
2.35
the commissioner shall submit a report to the legislature specifying the applicants receiving
2
Article 1 Section 1.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
3.1
grants under this section, the amount of each grant, the purposes for which the grant funds
3.2
were used, and the amount of the appropriation that is unexpended. The report must also
3.3
include relevant findings, results, and outcomes of the grant program, and any other
3.4
information which the commissioner deems significant or useful.
3.5
(e) This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16A.28,
3.6
unencumbered balances under this section do not cancel until June 30, 2026.
3.7
EFFECTIVE DATE. This section is effective the day following final enactment.
3.8
Sec. 2. Laws 2023, chapter 41, article 1, section 2, subdivision 35, is amended to read:
1,000,000
1,500,000
3.9
Subd. 35. Hunger-Free Campus Grants
3.10
For the Hunger-Free Campus program under
3.11
Minnesota Statutes, section 135A.137. Of this
3.12
amount, up to $500,000 the first year is for
3.13
grants not to exceed $25,000 to institutions
3.14
for equipment necessary to operate an
3.15
on-campus food pantry, and is available until
3.16
June 30, 2026. The commissioner shall
3.17
establish an application and process for
3.18
distributing the grant funds. This appropriation
3.19
is available until June 30, 2026.
3.20
EFFECTIVE DATE. This section is effective the day following final enactment.
3.21
Sec. 3. Laws 2023, chapter 41, article 1, section 2, subdivision 36, is amended to read:
4,416,000
9,456,000
4,247,000
3.22
Subd. 36. Fostering Independence Higher
3.23
Education Grants
3.24
$4,247,000 the first year and $4,416,000
3.25
$9,456,000 the second year are for grants to
3.26
eligible students under Minnesota Statutes,
3.27
section 136A.1241. The Office of Higher
3.28
Education may use no more than three percent
3.29
of the appropriation to administer grants. The
3.30
base for this appropriation is $4,416,000 for
3.31
fiscal year 2026 and thereafter.
3
Article 1 Sec. 3.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
4.1
Sec. 4. Laws 2023, chapter 41, article 1, section 2, subdivision 49, as amended by Laws
4.2
2024, chapter 85, section 111, is amended to read:
4.3
117,226,000
112,186,000
-0-
4.4
Subd. 49. North Star Promise
4.5
$117,226,000 $112,186,000 the second year
4.6
is transferred from the general fund to the
4.7
account in the special revenue fund under
4.8
Minnesota Statutes, section 136A.1465,
4.9
subdivision 8. The base for the transfer is
4.10
$49,500,000 in fiscal year 2026 and thereafter.
4.11
Sec. 5. Laws 2023, chapter 41, article 1, section 4, subdivision 2, is amended to read:
676,294,000
686,558,000
4.12
Subd. 2. Operations and Maintenance
4.13
(a) $15,000,000 in fiscal year 2024 and
4.14
$15,000,000 in fiscal year 2025 are to: (1)
4.15
increase the medical school's research
4.16
capacity; (2) improve the medical school's
4.17
ranking in National Institutes of Health
4.18
funding; (3) ensure the medical school's
4.19
national prominence by attracting and
4.20
retaining world-class faculty, staff, and
4.21
students; (4) invest in physician training
4.22
programs in rural and underserved
4.23
communities; and (5) translate the medical
4.24
school's research discoveries into new
4.25
treatments and cures to improve the health of
4.26
Minnesotans.
4.27
(b) $7,800,000 in fiscal year 2024 and
4.28
$7,800,000 in fiscal year 2025 are for health
4.29
training restoration. This appropriation must
4.30
be used to support all of the following: (1)
4.31
faculty physicians who teach at eight residency
4.32
program sites, including medical resident and
4.33
student training programs in the Department
4.34
of Family Medicine; (2) the Mobile Dental
4
Article 1 Sec. 5.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
5.1
Clinic; and (3) expansion of geriatric
5.2
education and family programs.
5.3
(c) $4,000,000 in fiscal year 2024 and
5.4
$4,000,000 in fiscal year 2025 are for the
5.5
Minnesota Discovery, Research, and
5.6
InnoVation Economy funding program for
5.7
cancer care research.
5.8
(d) $500,000 in fiscal year 2024 and $500,000
5.9
in fiscal year 2025 are for the University of
5.10
Minnesota, Morris branch, to cover the costs
5.11
of tuition waivers under Minnesota Statutes,
5.12
section 137.16.
5.13
(e) $5,000,000 in fiscal year 2024 and
5.14
$5,000,000 in fiscal year 2025 are for
5.15
systemwide safety and security measures on
5.16
University of Minnesota campuses. The base
5.17
amount for this appropriation is $1,000,000
5.18
in fiscal year 2026 and later.
5.19
(f) $366,000 in fiscal year 2024 and $366,000
5.20
in fiscal year 2025 are for unemployment
5.21
insurance aid under Minnesota Statutes,
5.22
section 268.193.
5.23
(g) $10,000,000 the first year is for programs
5.24
at the University of Minnesota Medical School
5.25
Campus on the CentraCare Health System
5.26
Campus in St. Cloud. This appropriation may
5.27
be used for tuition support, a residency
5.28
program, a rural health research program, a
5.29
program to target scholarships to students from
5.30
diverse backgrounds, and a scholarship
5.31
program targeted at students who will practice
5.32
in rural areas including a scholarship program
5.33
targeted at students who will practice in rural
5.34
areas and targeted at students from diverse
5
Article 1 Sec. 5.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
6.1
backgrounds; costs associated with opening
6.2
and operating a new regional campus; costs
6.3
associated with the expansion of a residency
6.4
program; and costs associated with starting
6.5
and operating a rural health research program.
6.6
This appropriation is available until June 30,
6.7
2027, and must be spent on for activities on
6.8
or associated with the CentraCare Health
6.9
System Campus in the greater St. Cloud area.
6.10
This is a onetime appropriation.
6.11
(h) $374,000 the first year and $110,000 the
6.12
second year are to pay the cost of supplies and
6.13
equipment necessary to provide access to
6.14
menstrual products for purposes of article 2,
6.15
section 2.
6.16
(i) The total operations and maintenance base
6.17
for fiscal year 2026 and later is $672,294,000.
6.18
EFFECTIVE DATE. This section is effective the day following final enactment.
6.19
Sec. 6. APPROPRIATION; KIDS ON CAMPUS INITIATIVE.
6.20
$500,000 in fiscal year 2025 is appropriated from the general fund to the Board of
6.21
Trustees of the Minnesota State Colleges and Universities to participate in the Kids on
6.22
Campus initiative with the National Head Start Association and the Association of
6.23
Community College Trustees. This appropriation may be used for a temporary statewide
6.24
project coordinator, stipends to campuses and Head Start centers where letters of intent to
6.25
officially form a partnership have been signed, engaging with local Head Start programs,
6.26
and other costs associated with creating campus Head Start partnerships. Stipends shall be
6.27
used to support the formation of parenting student advisory panels to gather perspective
6.28
and feedback on proposed partnerships. The duties of the temporary statewide project
6.29
coordinator include assessing the feasibility of partnerships between Minnesota State Colleges
6.30
and Universities campuses and Head Start programs across the state, consulting with the
6.31
Minnesota Head Start Association and existing Head Start partnership programs to develop
6.32
best practices, working with campus-based navigators for parenting students to provide
6.33
resources for financial aid and basic needs support to Head Start programs, and developing
6.34
strategies to grow the early childhood care and education workforce through partnerships
6
Article 1 Sec. 6.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
7.1
between Head Start programs and early childhood degree and certificate programs. This is
7.2
a onetime appropriation and is available until June 30, 2026.
7.3
ARTICLE 2
7.4
POLICY PROVISIONS
7.5
Section 1. [135A.062] CONSIDERATION OF CRIMINAL RECORDS LIMITED.
7.6
Subdivision 1. Applicability. This section applies to postsecondary institutions under
7.7
section 136A.155, clause (1), except that the Board of Regents of the University of Minnesota
7.8
is requested to comply with this section.
7.9
Subd. 2. Definition. As used in this section, "a violent felony or sexual assault" includes
7.10
a felony-level violation or attempted violation of section 609.185; 609.19; 609.195; 609.20;
7.11
609.221; 609.2242, subdivision 4; 609.2247; 609.245, subdivision 1; 609.247, subdivision
7.12
2; 609.282; 609.322; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3458; 609.561,
7.13
subdivision 1 or 2; 609.582, subdivision 1; 609.66, subdivision 1e; or 609.749; or a statute
7.14
from another state, the United States, or a foreign jurisdiction, in conformity with any of
7.15
these sections.
7.16
Subd. 3. Consideration of criminal records limited. A postsecondary institution may
7.17
not inquire into, consider, or require disclosure of the criminal record or criminal history
7.18
of an applicant for admission. After a postsecondary institution has made an offer of
7.19
admission, the postsecondary institution may inquire into, consider, or require disclosure
7.20
of a conviction or delinquency adjudication that occurred within the previous five years for
7.21
a violent felony or sexual assault. The postsecondary institution must provide the applicant
7.22
with an opportunity to submit an explanatory statement, letters of recommendation, evidence
7.23
of rehabilitation, and any other supporting documents. The institution must provide clear
7.24
and detailed instructions and guidance to applicants related to what criminal history requires
7.25
disclosure. The institution must not require the applicant to provide official records of
7.26
criminal history. A postsecondary institution that rescinds an offer of admission must:
7.27
(1) provide an explanation of the basis for the decision to rescind the offer of admission;
7.28
and
7.29
(2) provide the applicant with an opportunity to appeal the decision to rescind.
7.30
Subd. 4. Other information. This section shall not prohibit or limit a postsecondary
7.31
institution from inquiring about student conduct records at the applicant's prior postsecondary
7.32
institution after making an offer of admission. This section shall not prohibit or limit a
7
Article 2 Section 1.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
8.1
postsecondary institution from inquiring about a student's ability to meet licensure
8.2
requirements in a professional program after making an offer of admission.
8.3
Subd. 5. Limitation on admissibility. (a) A postsecondary institution that complies
8.4
with this section is immune from liability in a civil action arising out of the institution's
8.5
decision to admit a student with a criminal history or the institution's failure to conduct a
8.6
criminal background check.
8.7
(b) Nothing in this section creates or establishes a legal duty upon a postsecondary
8.8
institution to inquire into or require disclosure of the criminal history or criminal convictions
8.9
of a student or an applicant for admission.
8.10
Sec. 2. Minnesota Statutes 2023 Supplement, section 135A.121, subdivision 2, is amended
8.11
to read:
8.12
Subd. 2. Eligibility. To be eligible each year for the program a student must:
8.13
(1) be enrolled in an undergraduate certificate, diploma, or degree program at the
8.14
University of Minnesota or a Minnesota state college or university;
8.15
(2) be either (i) a Minnesota resident for resident tuition purposes who is an enrolled
8.16
member or citizen of a federally recognized American Indian Tribe or Canadian First Nation,
8.17
or (ii) an enrolled member or citizen of a Minnesota Tribal Nation, regardless of resident
8.18
tuition status; and
8.19
(3) have not (i) obtained a baccalaureate degree, or (ii) been enrolled for 180 credits 12
8.20
semesters or the equivalent, excluding courses taken that qualify as developmental education
8.21
or below college-level.; and
8.22
(4) meet satisfactory academic progress as defined under section 136A.101, subdivision
8.23
10.
8.24
Sec. 3. [135A.144] TRANSCRIPT ACCESS.
8.25
Subdivision 1. Definitions. (a) The terms defined in this subdivision apply to this section.
8.26
(b) "Debt" means any money, obligation, claim, or sum, due or owed, or alleged to be
8.27
due or owed, from a student. Debt does not include the fee, if any, charged to all students
8.28
for the actual costs of providing the transcripts.
8.29
(c) "School" means a public institution governed by the Board of Trustees of the
8.30
Minnesota State Colleges and Universities, private postsecondary educational institution
8.31
as defined under section 136A.62 or 136A.821, or public or private entity that is responsible
8
Article 2 Sec. 3.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
9.1
for providing transcripts to current or former students of an educational institution.
9.2
Institutions governed by the Board of Regents of the University of Minnesota are requested
9.3
to comply with this section.
9.4
(d) "Transcript" means the statement of an individual's academic record, including
9.5
official transcripts or the certified statement of an individual's academic record provided
9.6
by a school, and unofficial transcripts or the uncertified statement of an individual's academic
9.7
record provided by a school.
9.8
Subd. 2. Prohibited practices. (a) A school must not refuse to provide a transcript for
9.9
a current or former student because the student owes a debt to the school if:
9.10
(1) the debt owed is less than $1,000;
9.11
(2) the student has entered into and, as determined by the institution, is in compliance
9.12
with a payment plan with the school;
9.13
(3) the transcript request is made by a prospective employer for the student;
9.14
(4) the school has sent the debt for repayment to the Department of Revenue or to a
9.15
collection agency, as defined in section 332.31, subdivision 3, external to the institution
9.16
and the debt has not been returned to the institution unpaid; or
9.17
(5) the person is incarcerated at a Minnesota correctional facility.
9.18
(b) A school must not charge an additional or higher fee for obtaining a transcript or
9.19
provide less favorable treatment of a transcript request because a student owes a debt to the
9.20
originating school.
9.21
Subd. 3. Institutional policy. (a) A school that uses transcript issuance as a tool for debt
9.22
collection must have a policy accessible to students that outlines how the school collects
9.23
on debts owed to the school.
9.24
(b) A school shall seek to use transcript issuance as a tool for debt collection for the
9.25
fewest number of cases possible and in a manner that allows for the quickest possible
9.26
resolution of the debt benefitting the student's educational progress.
9
Article 2 Sec. 3.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
10.1
Sec. 4. Minnesota Statutes 2022, section 135A.15, as amended by Laws 2023, chapter 52,
10.2
article 5, section 79, is amended to read:
10.3
135A.15 CAMPUS SEXUAL HARASSMENT AND VIOLENCE MISCONDUCT
10.4
POLICY.
10.5
Subdivision 1. Applicability; policy required. (a) This section applies to the following
10.6
postsecondary institutions:
10.7
(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
10.8
Universities; and
10.9
(2) private postsecondary institutions that offer in-person courses on a campus located
10.10
in Minnesota and which are eligible institutions as defined in section 136A.103, provided
10.11
that a private postsecondary institution with a systemwide enrollment of fewer than 100
10.12
students in the previous academic year is exempt from subdivisions 4 to 10 paragraph (a),
10.13
that are participating in the federal program under Title IV of the Higher Education Act of
10.14
1965, Public Law 89-329, as amended.
10.15
Institutions governed by the Board of Regents of the University of Minnesota are
10.16
requested to comply with this section.
10.17
(b) A postsecondary institution must adopt a clear, understandable written policy on
10.18
sexual harassment and sexual violence misconduct that informs victims of their rights under
10.19
the crime victims bill of rights, including the right to assistance from the Crime Victims
10.20
Reimbursement Board and the commissioner of public safety. The policy must apply to
10.21
students and employees and must provide information about their rights and duties. The
10.22
policy must apply to criminal incidents against a student or employee of a postsecondary
10.23
institution occurring on property owned or leased by the postsecondary system or institution
10.24
or at any activity, program, organization, or event sponsored by the system or institution,
10.25
or by a fraternity and or sorority, or any activity, program, organization, or event sponsored
10.26
by the system or institution, or by a fraternity or sorority, regardless of whether the activity,
10.27
program, organization, or event occurs on or off property owned or leased by the
10.28
postsecondary system or institution. It must include procedures for reporting incidents of
10.29
sexual harassment or sexual violence misconduct and for disciplinary actions against
10.30
violators. During student registration, a postsecondary institution shall provide each student
10.31
with information regarding its policy. A copy of the policy also shall be posted at appropriate
10.32
locations on campus at all times.
10.33
Subd. 1a. Sexual assault definition Definitions. (a) For the purposes of this section,
10.34
the following terms have the meanings given.
10
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
11.1
(b) "Advisor" means a person who is selected by a responding or reporting party to serve
11.2
as a support during a campus investigation and disciplinary process. This person may be
11.3
an attorney. An advisor serves as a support to a party by offering comfort or attending
11.4
meetings.
11.5
(c) "Domestic violence" has the meaning giving in section 518B.01, subdivision 2.
11.6
(b) (d) "Incident" means one report of sexual assault misconduct to a postsecondary
11.7
institution, regardless of the number of complainants included in the report, the number of
11.8
respondents included in the report, and whether or not the identity of any party is known
11.9
by the reporting postsecondary institution. Incident encompasses all nonconsensual events
11.10
included within one report if multiple events have been identified.
11.11
(e) "Intimate partner violence" means any physical or sexual harm or a pattern of any
11.12
other coercive behavior committed, enabled, or solicited to gain or maintain power and
11.13
control over a victim, including verbal, psychological, economic, or technological abuse
11.14
that may or may not constitute criminal behavior against an individual, that may be classified
11.15
as a sexual misconduct, dating violence, or domestic violence caused by:
11.16
(1) a current or former spouse of the individual; or
11.17
(2) a person in a sexual or romantic relationship with the individual.
11.18
(f) "Nonconsensual dissemination of sexual images" has the meaning given in section
11.19
617.261.
11.20
(g) "Reporting party" means the party in a disciplinary proceeding who has reported
11.21
being subjected to conduct or communication that could constitute sexual misconduct.
11.22
(h) "Responding party" means the party in a disciplinary proceeding who has been
11.23
reported to be the perpetrator of conduct or communication that could constitute sexual
11.24
misconduct.
11.25
(c) (i) "Sexual assault" means rape, sex offenses - fondling, sex offenses - incest, or sex
11.26
offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart
11.27
D, appendix A, as amended.
11.28
(j) "Sexual extortion" has the meaning given in section 609.3458.
11.29
(k) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
11.30
(l) "Sexual harassment" has the meaning given in section 363A.03, subdivision 43.
11.31
(m) "Sexual misconduct" means an incident of sexual violence, intimate partner violence,
11.32
domestic violence, sexual assault, sexual harassment, nonconsensual distribution of sexual
11
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
12.1
images, sexual extortion, nonconsensual dissemination of a deepfake depicting intimate
12.2
parts or sexual acts, sex trafficking, or stalking.
12.3
(n) "Stalking" has the meaning given in section 609.749.
12.4
Subd. 2. Victims' rights. (a) The policy required under subdivision 1 shall, at a minimum,
12.5
require that students and employees be informed of the policy, and shall include provisions
12.6
for:
12.7
(1) filing criminal charges with local law enforcement officials in sexual assault cases
12.8
defined as sexual misconduct that may constitute criminal behavior;
12.9
(2) the prompt assistance of campus authorities, at the request of the victim, in notifying
12.10
the appropriate law enforcement officials and disciplinary authorities of a sexual assault
12.11
misconduct incident;
12.12
(3) allowing sexual assault misconduct victims to decide whether to report a case to law
12.13
enforcement or not report altogether; participate in a campus investigation, disciplinary
12.14
proceeding, or nondisciplinary informal resolution; or not participate altogether;
12.15
(4) requiring campus authorities to treat sexual assault misconduct victims with dignity;
12.16
(5) requiring campus authorities to offer sexual assault misconduct victims fair and
12.17
respectful health care, counseling services, or referrals to such services;
12.18
(6) preventing campus authorities from suggesting to a victim of sexual assault
12.19
misconduct that the victim is at fault for the crimes or violations that occurred;
12.20
(7) preventing campus authorities from suggesting to a victim of sexual assault
12.21
misconduct that the victim should have acted in a different manner to avoid such a crime;
12.22
(8) subject to subdivision subdivisions 2a and 10, protecting the privacy of sexual assault
12.23
misconduct victims by only disclosing data collected under this section to the victim, persons
12.24
whose work assignments reasonably require access, and, at a sexual assault misconduct
12.25
victim's request, police conducting a criminal investigation;
12.26
(9) an investigation and resolution of a sexual assault misconduct complaint by campus
12.27
disciplinary authorities;
12.28
(10) a sexual assault misconduct victim's participation in and the presence of the victim's
12.29
attorney or other support person who is not a fact witness to the sexual assault advisor at
12.30
any meeting with campus officials concerning the victim's sexual assault misconduct
12.31
complaint or campus disciplinary proceeding concerning a sexual assault misconduct
12.32
complaint;
12
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
13.1
(11) ensuring that a sexual assault misconduct victim may decide when to repeat a
13.2
description of the incident of sexual assault misconduct;
13.3
(12) notice to a sexual assault misconduct victim of the availability of a campus or local
13.4
program providing sexual assault victim advocacy services and information on free legal
13.5
resources and services;
13.6
(13) notice to a sexual assault misconduct victim of the outcome of any campus
13.7
disciplinary proceeding concerning a sexual assault misconduct complaint, consistent with
13.8
laws relating to data practices;
13.9
(14) the complete and prompt assistance of campus authorities, at the direction of law
13.10
enforcement authorities, in obtaining, securing, and maintaining evidence in connection
13.11
with a sexual assault misconduct incident;
13.12
(15) the assistance of campus authorities, at the request of the sexual misconduct victim,
13.13
in preserving for a sexual assault complainant or victim materials relevant to a campus
13.14
disciplinary proceeding;
13.15
(16) during and after the process of investigating a complaint and conducting a campus
13.16
disciplinary procedure, the assistance of campus personnel, in cooperation with the
13.17
appropriate law enforcement authorities, at a sexual assault misconduct victim's request, in
13.18
shielding the victim from unwanted contact with the alleged assailant, including transfer of
13.19
the victim to alternative classes or to alternative college-owned housing, if alternative classes
13.20
or housing are available and feasible;
13.21
(17) forbidding retaliation, and establishing a process for investigating complaints of
13.22
retaliation, against sexual assault misconduct victims by campus authorities, the accused,
13.23
organizations affiliated with the accused, other students, and other employees;
13.24
(18) at the request of the victim, providing students who reported sexual assaults
13.25
misconduct to the institution and subsequently choose to transfer to another postsecondary
13.26
institution with information about resources for victims of sexual assault misconduct at the
13.27
institution to which the victim is transferring; and
13.28
(19) consistent with laws governing access to student records, providing a student who
13.29
reported an incident of sexual assault misconduct with access to the student's description
13.30
of the incident as it was reported to the institution, including if that student transfers to
13.31
another postsecondary institution.
13.32
(b) None of the rights given to a student by the policy required by subdivision 1 may be
13.33
made contingent upon the victim entering into a nondisclosure agreement or other contract
13
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
14.1
restricting the victim's ability to discuss information in connection with a sexual misconduct
14.2
complaint, investigation, or hearing.
14.3
(c) A nondisclosure agreement or other contract restricting the victim's ability to discuss
14.4
information in connection with a sexual misconduct complaint, investigation, or hearing
14.5
may not be used as a condition of financial aid or remedial action.
14.6
Subd. 2a. Campus investigation and disciplinary hearing procedures. (a) A
14.7
postsecondary institution must provide a reporting party an opportunity for an impartial,
14.8
timely, and thorough investigation of a report of sexual misconduct against a student. If an
14.9
investigation reveals that sexual misconduct has occurred, the institution must take prompt
14.10
and effective steps reasonably calculated to end the sexual misconduct, prevent its recurrence,
14.11
and, as appropriate, remedy its effects.
14.12
(b) Throughout any investigation or disciplinary proceeding, a postsecondary institution
14.13
must treat the reporting parties, responding parties, witnesses, and other participants in the
14.14
proceeding with dignity and respect.
14.15
(c) If a postsecondary institution conducts a hearing, an advisor may provide opening
14.16
and closing remarks on behalf of a party or assist with formulating questions to the other
14.17
party or witnesses about related evidence or credibility.
14.18
Subd. 3. Uniform amnesty. The sexual harassment and violence misconduct policy
14.19
required by subdivision 1 must include a provision that a witness or victim of an incident
14.20
of sexual assault misconduct who reports the incident in good faith shall not be sanctioned
14.21
by the institution for admitting in the report to a violation of the institution's student conduct
14.22
policy on the personal use of drugs or alcohol.
14.23
Subd. 4. Coordination with local law enforcement. (a) A postsecondary institution
14.24
must enter into a memorandum of understanding with the primary local law enforcement
14.25
agencies that serve its campus. The memorandum must be entered into no later than January
14.26
1, 2017, and updated every two years thereafter. This memorandum shall clearly delineate
14.27
responsibilities and require information sharing, in accordance with applicable state and
14.28
federal privacy laws, about certain crimes including, but not limited to, sexual assault. This
14.29
memorandum of understanding shall provide:
14.30
(1) delineation and sharing protocols of investigative responsibilities;
14.31
(2) protocols for investigations, including standards for notification and communication
14.32
and measures to promote evidence preservation; and
14
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
15.1
(3) a method of sharing information about specific crimes, when directed by the victim,
15.2
and a method of sharing crime details anonymously in order to better protect overall campus
15.3
safety.
15.4
(b) Prior to the start of each academic year, a postsecondary institution shall distribute
15.5
an electronic copy of the memorandum of understanding to all employees on the campus
15.6
that are subject to the memorandum.
15.7
(c) An institution is exempt from the requirement that it develop a memorandum of
15.8
understanding under this section if the institution and local or county law enforcement
15.9
agencies establish a sexual assault misconduct protocol team to facilitate effective cooperation
15.10
and collaboration between the institution and law enforcement.
15.11
Subd. 5. Online reporting system. (a) A postsecondary institution must provide an
15.12
online reporting system to receive complaints of sexual harassment and sexual violence
15.13
misconduct from students and employees. The system must permit anonymous reports,
15.14
provided that the institution is not obligated to investigate an anonymous report unless a
15.15
formal report is submitted through the process established in the institution's sexual
15.16
harassment and sexual violence misconduct policy.
15.17
(b) A postsecondary institution must provide students making reports under this
15.18
subdivision with information about who will receive and have access to the reports filed,
15.19
how the information gathered through the system will be used, and contact information for
15.20
on-campus and off-campus organizations serving victims of sexual violence misconduct.
15.21
(c) Data collected under this subdivision is classified as private data on individuals as
15.22
defined by section 13.02, subdivision 12. Postsecondary institutions not otherwise subject
15.23
to chapter 13 must limit access to the data to only the data subject and persons whose work
15.24
assignments reasonably require access.
15.25
Subd. 6. Data collection and reporting. (a) Postsecondary institutions must annually
15.26
report statistics on sexual assault misconduct. This report must be prepared in addition to
15.27
any federally required reporting on campus security, including reports required by the Jeanne
15.28
Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States
15.29
Code, title 20, section 1092(f). The report must include, but not be limited to, the number
15.30
of incidents of sexual assault misconduct of each offense listed under the definition in
15.31
subdivision 1a, reported to the institution in the previous calendar year, as follows:
15.32
(1) the number that were investigated by the institution;
15.33
(2) the number that were referred for a disciplinary proceeding at the institution;
15
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
16.1
(3) the number the victim chose to report to local or state law enforcement;
16.2
(4) the number for which a campus disciplinary proceeding is pending, but has not
16.3
reached a final resolution;
16.4
(5) the number in which the alleged perpetrator was found responsible by the disciplinary
16.5
proceeding at the institution;
16.6
(6) the number that resulted in any action by the institution greater than a warning issued
16.7
to the accused;
16.8
(7) the number that resulted in a disciplinary proceeding at the institution that closed
16.9
without resolution;
16.10
(8) the number that resulted in a disciplinary proceeding at the institution that closed
16.11
without resolution because the accused withdrew from the institution;
16.12
(9) the number that resulted in a disciplinary proceeding at the institution that closed
16.13
without resolution because the victim chose not to participate in the procedure; and
16.14
(10) the number of reports made through the online reporting system established in
16.15
subdivision 5, excluding reports submitted anonymously.
16.16
(b) If an institution previously submitted a report indicating that one or more disciplinary
16.17
proceedings was pending, but had not reached a final resolution, and one or more of those
16.18
disciplinary proceedings reached a final resolution within the previous calendar year, that
16.19
institution must submit updated totals from the previous year that reflect the outcome of
16.20
the pending case or cases.
16.21
(c) The reports required by this subdivision must be submitted to the Office of Higher
16.22
Education by October 1 of each year. Each report must contain the data required under
16.23
paragraphs (a) and (b) from the previous calendar year.
16.24
(d) The commissioner of the Office of Higher Education shall calculate statewide numbers
16.25
for each data item reported by an institution under this subdivision. The statewide numbers
16.26
must include data from postsecondary institutions that the commissioner could not publish
16.27
due to federal laws governing access to student records.
16.28
(e) The Office of Higher Education shall publish on its website:
16.29
(1) the statewide data calculated under paragraph (d); and
16.30
(2) the data items required under paragraphs (a) and (b) for each postsecondary institution
16.31
in the state.
16
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
17.1
Each postsecondary institution shall publish on the institution's website the data items
17.2
required under paragraphs (a) and (b) for that institution.
17.3
(f) Reports and data required under this subdivision must be prepared and published as
17.4
summary data, as defined in section 13.02, subdivision 19, and must be consistent with
17.5
applicable law governing access to educational data. If an institution or the Office of Higher
17.6
Education does not publish data because of applicable law, the publication must explain
17.7
why data are not included.
17.8
Subd. 7. Access to data; audit trail. (a) Data on incidents of sexual assault misconduct
17.9
shared with campus security officers or campus administrators responsible for investigating
17.10
or adjudicating complaints of sexual assault misconduct are classified as private data on
17.11
individuals as defined by section 13.02, subdivision 12, for the purposes of postsecondary
17.12
institutions subject to the requirements of chapter 13. Postsecondary institutions not otherwise
17.13
subject to chapter 13 must limit access to the data to only the data subject and persons whose
17.14
work assignments reasonably require access.
17.15
(b) Only individuals with explicit authorization from an institution may enter, update,
17.16
or access electronic data related to an incident of sexual assault misconduct collected,
17.17
created, or maintained under this section. The ability of authorized individuals to enter,
17.18
update, or access these data must be limited through the use of role-based access that
17.19
corresponds to the official duties or training level of the individual and the institutional
17.20
authorization that grants access for that purpose. All actions in which the data related to an
17.21
incident of sexual assault misconduct are entered, updated, accessed, shared, or disseminated
17.22
outside of the institution must be recorded in a data audit trail. An institution shall
17.23
immediately and permanently revoke the authorization of any individual determined to have
17.24
willfully entered, updated, accessed, shared, or disseminated data in violation of this
17.25
subdivision or any provision of chapter 13. If an individual is determined to have willfully
17.26
gained access to data without explicit authorization, the matter shall be forwarded to a
17.27
county attorney for prosecution.
17.28
Subd. 8. Comprehensive training. (a) A postsecondary institution must provide campus
17.29
security officers and campus administrators responsible for investigating or adjudicating
17.30
complaints of sexual assault misconduct with comprehensive training on preventing and
17.31
responding to sexual assault misconduct in collaboration with the Bureau of Criminal
17.32
Apprehension or another law enforcement agency with expertise in criminal sexual conduct.
17.33
The training for campus security officers shall include a presentation on the dynamics of
17.34
sexual assault, neurobiological responses to trauma, and best practices for preventing,
17.35
responding to, and investigating sexual assault misconduct. The training for campus
17
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
18.1
administrators responsible for investigating or adjudicating complaints on sexual assault
18.2
misconduct shall include presentations on preventing sexual assault misconduct, responding
18.3
to incidents of sexual assault misconduct, the dynamics of sexual assault, neurobiological
18.4
responses to trauma, and compliance with state and federal laws on sexual assault misconduct.
18.5
(b) The following categories of students who attend, or will attend, one or more courses
18.6
on campus or will participate in on-campus activities must be provided sexual assault
18.7
misconduct training:
18.8
(1) students pursuing a degree or certificate;
18.9
(2) students who are taking courses through the Postsecondary Enrollment Options Act;
18.10
and
18.11
(3) any other categories of students determined by the institution.
18.12
Students must complete such training no later than ten business days after the start of a
18.13
student's first semester of classes. Once a student completes the training, institutions must
18.14
document the student's completion of the training and provide proof of training completion
18.15
to a student at the student's request. Students enrolled at more than one institution within
18.16
the same system at the same time are only required to complete the training once.
18.17
The training shall include information about topics including but not limited to sexual
18.18
assault misconduct as defined in subdivision 1a; consent as defined in section 609.341,
18.19
subdivision 4; preventing and reducing the prevalence of sexual assault misconduct;
18.20
procedures for reporting campus sexual assault misconduct; and campus resources on sexual
18.21
assault misconduct, including organizations that support victims of sexual assault misconduct.
18.22
(c) A postsecondary institution shall annually train individuals responsible for responding
18.23
to reports of sexual assault misconduct. This training shall include information about best
18.24
practices for interacting with victims of sexual assault misconduct, including how to reduce
18.25
the emotional distress resulting from the reporting, investigatory, and disciplinary process.
18.26
(d) To the extent possible, trainings must be culturally responsive and address the unique
18.27
experiences and challenges faced by students based on race, ethnicity, color, national origin,
18.28
disability, socioeconomic status, religion, sex, gender identity, sexual orientation, and
18.29
pregnancy or parenting status.
18.30
Subd. 9. Student health services. (a) An institution's student health service providers
18.31
must screen students for incidents of sexual violence and sexual harassment misconduct.
18.32
Student health service providers shall offer students information on resources available to
18
Article 2 Sec. 4.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
19.1
victims and survivors of sexual violence and sexual harassment misconduct including
19.2
counseling, mental health services, and procedures for reporting incidents to the institution.
19.3
(b) Each institution offering student health or counseling services must designate an
19.4
existing staff member or existing staff members as confidential resources for victims of
19.5
sexual violence or sexual harassment misconduct. The confidential resource must be available
19.6
to meet with victims of sexual violence and sexual harassment misconduct. The confidential
19.7
resource must provide victims with information about locally available resources for victims
19.8
of sexual violence and sexual harassment misconduct including, but not limited to, mental
19.9
health services and legal assistance. The confidential resource must provide victims with
19.10
information about the process for reporting an incident of sexual violence and sexual
19.11
harassment misconduct to campus authorities or local law enforcement. The victim shall
19.12
decide whether to report an incident of sexual violence and sexual harassment misconduct
19.13
to campus authorities or local law enforcement. Confidential resources must be trained in
19.14
all aspects of responding to incidents of sexual violence and sexual harassment misconduct
19.15
including, but not limited to, best practices for interacting with victims of trauma, preserving
19.16
evidence, campus disciplinary and local legal processes, and locally available resources for
19.17
victims. Data shared with a confidential resource is classified as sexual assault
19.18
communication data as defined by section 13.822, subdivision 1.
19.19
Subd. 10. Applicability of other laws. This section does not exempt mandatory reporters
19.20
from the requirements of section 626.557 or chapter 260E governing the reporting of
19.21
maltreatment of minors or vulnerable adults. Nothing in this section limits the authority of
19.22
an institution to comply with other applicable state or federal laws related to investigations
19.23
or reports of sexual harassment, sexual violence, or sexual assault misconduct.
19.24
EFFECTIVE DATE. This section is effective August 1, 2025.
19.25
Sec. 5. [135A.1581] NAVIGATORS FOR PARENTING STUDENTS.
19.26
Subdivision 1. Applicability. (a) This section applies to the following postsecondary
19.27
institutions:
19.28
(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
19.29
Universities; and
19.30
(2) private postsecondary institutions that offer in-person courses on a campus located
19.31
in Minnesota and which are eligible institutions as defined in section 136A.103.
19.32
(b) Institutions governed by the Board of Regents of the University of Minnesota are
19.33
requested to comply with this section.
19
Article 2 Sec. 5.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
20.1
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
20.2
meanings given.
20.3
(b) "Institutions of higher education" means an institution of higher education under
20.4
subdivision 1.
20.5
(c) "Parenting student" means a student enrolled at an institution of higher education
20.6
who is the parent or legal guardian of or can claim as a dependent a child under the age of
20.7
18.
20.8
Subd. 3. Navigators. An institution of higher education must designate at least one
20.9
employee of the institution to act as a college navigator for current or incoming students at
20.10
the institution who are parenting students. The navigator must provide to the students
20.11
information regarding support services and other resources available to the students at the
20.12
institution, including:
20.13
(1) medical and behavioral health coverage and services;
20.14
(2) public benefit programs, including programs related to food security, affordable
20.15
housing, and housing subsidies;
20.16
(3) parenting and child care resources;
20.17
(4) employment assistance;
20.18
(5) transportation assistance; and
20.19
(6) any other resources developed by the institution to assist the students, including
20.20
student academic success strategies.
20.21
Subd. 4. Report. (a) By June 30, 2026, an institution of higher education must establish
20.22
a process for collecting the parenting status of each enrolled student. By November 30,
20.23
2026, the Office of Higher Education shall establish a process for collecting this information
20.24
from institutions.
20.25
(b) Annually, beginning January 15, 2028, the Office of Higher Education must submit
20.26
a report to the chairs and ranking minority members of the legislative committees with
20.27
jurisdiction over higher education and children, youth, and families. The report must include
20.28
the following for parenting students:
20.29
(1) summary demographic data;
20.30
(2) enrollment patterns;
20.31
(3) retention rates;
20
Article 2 Sec. 5.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
21.1
(4) completion rates;
21.2
(5) average cumulative debt at exit or graduation as possible; and
21.3
(6) time to completion.
21.4
Data must be disaggregated by institution, academic year, race and ethnicity, gender, and
21.5
other factors determined to be relevant by the commissioner.
21.6
Sec. 6. [135A.1582] PROTECTIONS FOR PREGNANT AND PARENTING
21.7
STUDENTS.
21.8
Subdivision 1. Definition. (a) For the purpose of this section, the following term has
21.9
the meaning given.
21.10
(b) "Parenting student" means a student enrolled at a public college or university who
21.11
is the parent or legal guardian of or can claim as a dependent a child under the age of 18.
21.12
Subd. 2. Rights and protections. (a) A Minnesota state college or university may not
21.13
require and the University of Minnesota is requested not to require a pregnant or parenting
21.14
student, solely because of the student's status as a pregnant or parenting student or due to
21.15
issues related to the student's pregnancy or parenting, to:
21.16
(1) take a leave of absence or withdraw from the student's degree or certificate program;
21.17
(2) limit the student's studies;
21.18
(3) participate in an alternative program;
21.19
(4) change the student's major, degree, or certificate program; or
21.20
(5) refrain from joining or cease participating in any course, activity, or program at the
21.21
college or university.
21.22
(b) A Minnesota state college or university shall provide and the University of Minnesota
21.23
is requested to provide reasonable modifications to a pregnant student, including
21.24
modifications that:
21.25
(1) would be provided to a student with a temporary medical condition; or
21.26
(2) are related to the health and safety of the student and the student's unborn child, such
21.27
as allowing the student to maintain a safe distance from substances, areas, and activities
21.28
known to be hazardous to pregnant women or unborn children.
21
Article 2 Sec. 6.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
22.1
(c) A Minnesota state college or university must and the University of Minnesota is
22.2
requested to, for reasons related to a student's pregnancy, childbirth, or any resulting medical
22.3
status or condition:
22.4
(1) excuse the student's absence;
22.5
(2) allow the student to make up missed assignments or assessments;
22.6
(3) allow the student additional time to complete assignments in the same manner as the
22.7
institution allows for a student with a temporary medical condition; and
22.8
(4) provide the student with access to instructional materials and video recordings of
22.9
lectures for classes for which the student has an excused absence under this section to the
22.10
same extent that instructional materials and video recordings of lectures are made available
22.11
to any other student with an excused absence.
22.12
(d) A Minnesota state college or university must and the University of Minnesota is
22.13
requested to allow a pregnant or parenting student to:
22.14
(1) take a leave of absence; and
22.15
(2) if in good academic standing at the time the student takes a leave of absence, return
22.16
to the student's degree or certificate program in good academic standing without being
22.17
required to reapply for admission.
22.18
(e) If a public college or university provides early registration for courses or programs
22.19
at the institution for any group of students, the Minnesota state college or university must
22.20
provide and the University of Minnesota is requested to provide early registration for those
22.21
courses or programs for pregnant or parenting students in the same manner.
22.22
Subd. 3. Policy on discrimination. Each Minnesota state college or university must
22.23
adopt and the University of Minnesota is requested to adopt a policy for students on
22.24
pregnancy and parenting discrimination. The policy must:
22.25
(1) include the contact information of the Title IX coordinator who is the designated
22.26
point of contact for a student requesting each protection or modification under this section.
22.27
Contact information must include the Title IX coordinator's name, phone number, email,
22.28
and office;
22.29
(2) be posted in an easily accessible, straightforward format on the college or university's
22.30
website; and
22.31
(3) be made available annually to faculty, staff, and employees of the college or
22.32
university.
22
Article 2 Sec. 6.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
23.1
Subd. 4. Administration. The commissioner of the Office of Higher Education must,
23.2
in consultation with the Board of Trustees of the Minnesota State Colleges and Universities
23.3
and the Board of Regents of the University of Minnesota, establish guidelines, as necessary,
23.4
to administer this section. The guidelines must establish minimum periods for which a
23.5
pregnant or parenting student must be given a leave of absence under subdivision 2, paragraph
23.6
(d). In establishing the minimum periods, the Office of Higher Education shall consider the
23.7
maximum amount of time a student may be absent without significantly interfering with
23.8
the student's ability to complete the student's degree or certificate program.
23.9
Sec. 7. Minnesota Statutes 2023 Supplement, section 135A.161, is amended by adding a
23.10
subdivision to read:
23.11
Subd. 5. Reporting. The director must evaluate the development and implementation
23.12
of the Minnesota inclusive higher education initiatives receiving a grant under section
23.13
135A.162. The director must submit an annual report by October 1 on the progress to expand
23.14
Minnesota inclusive higher education options for students with intellectual disabilities to
23.15
the commissioner and chairs and ranking minority members of the legislative committees
23.16
with jurisdiction over higher education policy and finance. The report must include statutory
23.17
and budget recommendations.
23.18
Sec. 8. Minnesota Statutes 2023 Supplement, section 135A.162, subdivision 2, is amended
23.19
to read:
23.20
Subd. 2. Eligible grantees. A Tribal college or public or nonprofit postsecondary
23.21
two-year or four-year institution is eligible to apply for a grant under this section if the
23.22
institution:
23.23
(1) is accredited by the Higher Learning Commission; and
23.24
(2) meets the eligibility requirements under section 136A.103.
23.25
Sec. 9. [135A.163] STUDENTS WITH DISABILITIES; ACCOMMODATIONS;
23.26
GENERAL REQUIREMENTS.
23.27
Subdivision 1. Short title. This act may be cited as the "Minnesota Respond, Innovate,
23.28
Succeed, and Empower (RISE) Act."
23.29
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
23.30
meanings given.
23
Article 2 Sec. 9.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
24.1
(b) "Institution of higher education" means a public institution of higher education,
24.2
Tribal college, and private institution of higher education that receives federal funding. The
24.3
Board of Regents of the University of Minnesota is requested to comply with this section.
24.4
(c) "Plain language" means communication the audience can understand the first time
24.5
the audience reads or hears it.
24.6
(d) "Student with a disability" means an admitted or enrolled student who meets the
24.7
definition of an individual with a disability under the Americans with Disabilities Act and
24.8
includes a student with an intellectual disability as defined in Code of Federal Regulations,
24.9
title 34, section 668.231, who is admitted or enrolled in a comprehensive transition and
24.10
postsecondary program.
24.11
Subd. 3. Students with disabilities policy; dissemination of policy. (a) Each institution
24.12
of higher education shall adopt a policy making self-disclosure by a student with a disability
24.13
sufficient to start the interactive process for reasonable accommodations under subdivision
24.14
4.
24.15
(b) The policy adopted under this section must be transparent and explicit. The policy
24.16
must include information describing the process by which the institution of higher education
24.17
determines eligibility for accommodations for an individual with a disability and information
24.18
about the disability resource center and other areas within the institution that provide student
24.19
accommodations, such as housing and residence life. Each institution of higher education
24.20
shall disseminate the information to applicants, students, parents, and faculty in plain
24.21
language and in accessible formats. The information must be available during the student
24.22
application process, during student orientation, in academic catalogs, and on the institution's
24.23
public website.
24.24
Subd. 4. Establishment of reasonable accommodation; documentation. (a) An
24.25
institution of higher education shall engage in an interactive process to document the student's
24.26
accommodation needs to establish a reasonable accommodation. An institution may request
24.27
documentation as part of the interactive process to establish accommodations for the student
24.28
with a disability.
24.29
(b) The following documentation submitted by an admitted or enrolled student is
24.30
sufficient documentation for the interactive process to establish reasonable accommodations
24.31
for a student with a disability:
24.32
(1) documentation that the individual has had an individualized education program (IEP).
24.33
The institution of higher education may request additional documentation from an individual
24
Article 2 Sec. 9.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
25.1
who has had an IEP if the IEP was not in effect immediately before the date when the
25.2
individual exited high school;
25.3
(2) documentation that the individual has received services or accommodations under
25.4
a section 504 plan. The institution of higher education may request additional documentation
25.5
from an individual who has received services or accommodations provided to the individual
25.6
under a section 504 plan if the section 504 plan was not in effect immediately before the
25.7
date when the individual exited high school;
25.8
(3) documentation of a plan or record of service for the individual from a private school,
25.9
a local educational agency, a state educational agency, or an institution of higher education
25.10
provided under a section 504 plan or in accordance with the Americans with Disabilities
25.11
Act of 1990;
25.12
(4) a record or evaluation from an appropriately qualified health or other service
25.13
professional who is knowledgeable about the individual's condition, finding that the
25.14
individual has a disability;
25.15
(5) a plan or record of a disability from another institution of higher education;
25.16
(6) documentation of a disability due to military service; or
25.17
(7) additional information from an appropriately qualified health or other service
25.18
professional who is knowledgeable about the student's condition and can clarify the need
25.19
for a new accommodation not included in subdivision 4, paragraph (b), clauses (1) to (6).
25.20
(c) An institution of higher education may establish less burdensome criteria to determine
25.21
reasonable accommodations for an enrolled or admitted student with a disability.
25.22
(d) An institution of higher education shall include a representative list of potential
25.23
reasonable accommodations and disability resources for individuals with a disability that
25.24
is accessible to applicants, students, parents, and faculty in plain language and in accessible
25.25
formats. The information must be provided during the student application process, during
25.26
student orientation, in academic catalogs, and on the institution's public website. The
25.27
reasonable accommodations and disability resources available to students are individualized
25.28
and not limited to the list.
25.29
Subd. 5. Higher education requirements for students with disabilities. Institutions
25.30
of higher education shall:
25.31
(1) before the beginning of each academic term, offer an opportunity for admitted students
25.32
to self-identify as having a disability for which they may request an accommodation. The
25.33
person or office responsible for arranging accommodations at the institution must initiate
25
Article 2 Sec. 9.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
26.1
contact with any student who has self-identified under this clause. This does not preclude
26.2
a student from requesting an accommodation for a disability at any other time;
26.3
(2) not require a student to be reevaluated for or submit documentation to prove the
26.4
presence of a permanent disability if the student previously provided proof of their disability
26.5
status and is not requesting any new accommodations;
26.6
(3) provide the student's accommodation letter to the student's instructors, if the student
26.7
gives affirmative permission to share the information, and, if requested by the student,
26.8
facilitate communication between the student and the student's instructors;
26.9
(4) if a course instructor cannot provide an accommodation because it would
26.10
fundamentally alter the nature of that course, require an instructor to provide a notification
26.11
detailing why an accommodation cannot be provided to the student and submit that
26.12
information to the student and the person or office responsible for arranging accommodations;
26.13
and
26.14
(5) provide a student with a disability who is denied accommodations the option to
26.15
include the person or office responsible for arranging accommodations in the institution's
26.16
grievance or appeal process, to resolve equitable access barriers and prevent academic or
26.17
financial penalty due to no fault of the student.
26.18
EFFECTIVE DATE. This section is effective January 1, 2025.
26.19
Sec. 10. [135A.195] REQUIREMENTS RELATED TO ONLINE PROGRAM
26.20
MANAGEMENT COMPANIES.
26.21
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
26.22
the meanings given.
26.23
(b) "Contract" means an agreement entered into by an institution of higher education
26.24
with an online program management company. Contract includes any amendment or
26.25
addendum to the agreement.
26.26
(c) "Institution of higher education" means an institution governed by either the Board
26.27
of Trustees of the Minnesota State Colleges and Universities or the Board of Regents of the
26.28
University of Minnesota. The Board of Regents of the University of Minnesota is requested
26.29
to comply with this section.
26.30
(d) "Managed program" means an online course or program that is fully delivered online
26.31
in a virtual space.
26
Article 2 Sec. 10.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
27.1
(e) "Online program management company" means a private, for-profit, third-party
27.2
entity that enters into a contract with an institution of higher education to provide bundled
27.3
products and services to develop, deliver, or provide managed programs, when the services
27.4
provided include recruitment and marketing.
27.5
(f) "Tuition sharing" means compensation or payment to an online program management
27.6
company based on a percentage of revenue or fees collected from managed programs.
27.7
Subd. 2. Contract stipulations. A contract must not contain any provision that:
27.8
(1) includes or allows for tuition sharing;
27.9
(2) grants the online program management company ownership rights to any or all
27.10
intellectual property rights, patentable discoveries, or inventions of faculty members of an
27.11
institution of higher education; or
27.12
(3) grants the online program management company decision making authority over:
27.13
(i) curriculum development, design, or maintenance;
27.14
(ii) student assessment and grading;
27.15
(iii) course assessment;
27.16
(iv) admissions requirements;
27.17
(v) appointment of faculty;
27.18
(vi) faculty assessment;
27.19
(vii) decision to award course credit or credential; or
27.20
(viii) institutional governance.
27.21
Subd. 3. Mandatory contract review and approval. Prior to being executed, a contract
27.22
must be reviewed and approved by the institution of higher education's governing board.
27.23
The Board of Regents of the University of Minnesota is requested to comply with this
27.24
subdivision. The review must include an analysis of the contract's compliance with
27.25
subdivision 2 prior to approval. A governing board must not approve a contract unless the
27.26
contract complies with subdivision 2.
27.27
Subd. 4. Reporting requirements. An institution of higher education that contracts
27.28
with an online program management company shall annually submit to the chairs and
27.29
ranking minority members of the committees in the senate and house of representatives
27.30
with jurisdiction over higher education finance an assessment and analysis that provides
27.31
for a rigorous review and monitoring of online program management. The Board of Regents
27
Article 2 Sec. 10.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
28.1
of the University of Minnesota is requested to comply with this subdivision. The report
28.2
must, at a minimum, include:
28.3
(1) a comparison of the actual enrollment and revenue and the enrollment and revenue
28.4
projections outlined in the financial pro forma;
28.5
(2) enrollment data reporting in 2026 and each year thereafter that includes measures
28.6
of student persistence and completion;
28.7
(3) evidence of good standing and engagement with the Higher Learning Commission
28.8
and any applicable specialized accreditors and licensing bodies, and evidence of any
28.9
approvals that may be required to offer courses and programs;
28.10
(4) an assessment of the degree to which the programs offered compete with similar
28.11
programs;
28.12
(5) a description and evidence of how institutions gather student feedback and student
28.13
complaints related to online program management courses and program offerings, and the
28.14
process for addressing any concerns and complaints; and
28.15
(6) the most recent compliance analysis under subdivision 3.
28.16
Subd. 5. Marketing requirements. (a) An institution of higher education that retains
28.17
an online program management company to provide marketing services for its academic
28.18
degree programs shall require that:
28.19
(1) the online program management company must clearly disclose the third-party
28.20
relationship between the online program management company and the institution each
28.21
time it engages in recruitment or marketing activities for an academic program of the
28.22
institution; and
28.23
(2) all recruitment and marketing communications from the online program management
28.24
company receive prior approval from the institution.
28.25
(b) An institution of higher education that contracts with an online program management
28.26
company shall make publicly available on its website a list of the online programs that are
28.27
supported by the online program management company.
28.28
Subd. 6. Exemption. Notwithstanding subdivision 1, paragraph (b), this section does
28.29
not apply to an addendum or amendment to a contract entered into by an institution of higher
28.30
education on or before July 1, 2023, that increases or decreases the number of managed
28.31
programs. This subdivision expires July 1, 2028.
28
Article 2 Sec. 10.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
29.1
EFFECTIVE DATE. This section is effective July 1, 2024, and applies to contracts
29.2
entered into on or after that date, subject to the exemption in subdivision 6.
29.3
Sec. 11. [136A.053] CONSOLIDATED STUDENT AID REPORTING.
29.4
(a) The commissioner of the Office of Higher Education shall report annually beginning
29.5
February 15, 2026, to the chairs and ranking minority members of the legislative committees
29.6
with jurisdiction over higher education, on the details of programs administered under
29.7
sections 136A.091 to 136A.1276, 136A.1465, and 136A.231 to 136A.246, including the:
29.8
(1) total funds appropriated and expended;
29.9
(2) total number of students applying for funds;
29.10
(3) total number of students receiving funds;
29.11
(4) average and total award amounts;
29.12
(5) summary demographic data on award recipients;
29.13
(6) retention rates of award recipients;
29.14
(7) completion rates of award recipients;
29.15
(8) average cumulative debt at exit or graduation; and
29.16
(9) average time to completion.
29.17
(b) Data must be disaggregated by program, institution, aid year, race and ethnicity,
29.18
gender, income, family type, dependency status, and any other factors determined to be
29.19
relevant by the commissioner. The commissioner must report any additional data and
29.20
outcomes relevant to the evaluation of programs administered under sections 136A.091 to
29.21
136A.1276, 136A.1465, and 136A.231 to 136A.246 as evidenced by activities funded under
29.22
each program.
29.23
Sec. 12. Minnesota Statutes 2022, section 136A.091, subdivision 3, is amended to read:
29.24
Subd. 3. Financial need. Need for financial assistance is based on student eligibility for
29.25
free or reduced-price school meals under the national school lunch program. Student
29.26
eligibility shall be verified by sponsors of approved academic programs. The office shall
29.27
award stipends for students within the limits of available appropriations for this section. If
29.28
the amount appropriated is insufficient, the office shall allocate the available appropriation
29.29
in the manner it determines. A stipend must not exceed $1,000 per student.
29
Article 2 Sec. 12.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
30.1
Sec. 13. [136A.097] ORDER OF AID CALCULATIONS.
30.2
The commissioner must calculate aid for programs in the order of their original enactment
30.3
from oldest to most recent. The commissioner may determine the order of calculating state
30.4
financial aid if:
30.5
(1) a student is eligible for multiple state financial aid programs; and
30.6
(2) two or more of those programs calculate funding after accounting for other state aid.
30.7
If the commissioner determines that a greater amount of financial aid would be available
30.8
to students by calculating aid in a particular order, the commissioner may calculate aid in
30.9
that order.
30.10
Sec. 14. Minnesota Statutes 2022, section 136A.1241, subdivision 3, is amended to read:
30.11
Subd. 3. Eligibility. (a) An individual who is eligible for the Education and Training
30.12
Voucher Program is eligible for a foster grant.
30.13
(b) If the individual is not eligible for the Education and Training Voucher Program, in
30.14
order to receive a foster grant, an individual must:
30.15
(1) meet the definition of a resident student under section 136A.101, subdivision 8;
30.16
(2) be at least 13 years of age but fewer than 27 years of age;
30.17
(3) after the individual's 13th birthday, be in or have been in foster care in Minnesota
30.18
before, on, or after June 27, 2021, including any of the following:
30.19
(i) placement in foster care at any time while 13 years of age or older;
30.20
(ii) adoption from foster care at any time after reaching 13 years of age; or
30.21
(iii) placement from foster care with a permanent legal custodian at any time after
30.22
reaching 13 years of age;
30.23
(4) have graduated from high school or completed the equivalent as approved by the
30.24
Department of Education;
30.25
(5) have been accepted for admission to, or be currently attending, an eligible institution;
30.26
(6) have submitted a FAFSA; and
30.27
(7) be meeting satisfactory academic progress as defined under section 136A.101,
30.28
subdivision 10.;
30.29
(8) not be in default, as defined by the office, of any federal or state student educational
30.30
loan;
30
Article 2 Sec. 14.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
31.1
(9) not be more than 30 days in arrears in court-ordered child support that is collected
31.2
or enforced by the public authority responsible for child support enforcement or, if the
31.3
applicant is more than 30 days in arrears in court-ordered child support that is collected or
31.4
enforced by the public authority responsible for child support enforcement, be complying
31.5
with a written payment agreement under section 518A.69 or order for arrearages; and
31.6
(10) not have been convicted of or pled nolo contendere or guilty to a crime involving
31.7
fraud in obtaining federal Title IV funds within the meaning of Code of Federal Regulations,
31.8
subtitle B, chapter VI, part 668, subpart C.
31.9
Sec. 15. Minnesota Statutes 2023 Supplement, section 136A.1241, subdivision 5, is
31.10
amended to read:
31.11
Subd. 5. Foster grant amount; payment; opt-out. (a) Each student shall be awarded
31.12
a foster grant based on the federal need analysis. Applicants are encouraged to apply for all
31.13
other sources of financial aid. The amount of the foster grant must be equal to the applicant's
31.14
recognized cost of attendance after accounting for:
31.15
(1) the results of the federal need analysis;
31.16
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
31.17
(3) the amount of the state grant;
31.18
(4) the Federal Supplemental Educational Opportunity Grant;
31.19
(5) the sum of all Tribal scholarships;
31.20
(6) the amount of any other state and federal gift aid;
31.21
(7) the Education and Training Voucher Program;
31.22
(8) extended foster care benefits under section 260C.451;
31.23
(9) the amount of any private grants or scholarships, excluding grants and scholarships
31.24
provided by the private institution of higher education in which the eligible student is
31.25
enrolled; and
31.26
(10) for public institutions, the sum of all institutional grants, scholarships, tuition
31.27
waivers, and tuition remission amounts.
31.28
(b) The foster grant shall be paid directly to the eligible institution where the student is
31.29
enrolled.
31.30
(c) An eligible private institution may opt out of participating in the foster grant program
31.31
established under this section. To opt out, the institution shall provide notice to the office
31
Article 2 Sec. 15.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
32.1
by March 1 for the next academic year. An institution that opts out of participating, but
32.2
participated in the program a previous year, must hold harmless currently enrolled recipients
32.3
by continuing to provide the benefit under paragraph (d) as long as the student remains
32.4
eligible.
32.5
(d) An eligible private institution that does not opt out under paragraph (c) and accepts
32.6
the student's application to attend the institution must provide institutional grants,
32.7
scholarships, tuition waivers, or tuition remission in an amount equal to the difference
32.8
between:
32.9
(1) the institution's cost of attendance as calculated under subdivision 4, paragraph (b),
32.10
clause (1); and
32.11
(2) the sum of the foster grant under this subdivision and the sum of the amounts in
32.12
paragraph (a), clauses (1) to (9).
32.13
(e) An undergraduate student who is eligible may apply for and receive a foster grant
32.14
in any year of undergraduate study unless the student has obtained a baccalaureate degree
32.15
or received foster grant funds for a period of ten full-time semesters or the equivalent for a
32.16
four-year undergraduate degree. A foster grant student enrolled in a two-year degree,
32.17
certificate, or diploma program may apply for and receive a foster grant in any year of
32.18
undergraduate study unless the student has obtained a baccalaureate degree or received
32.19
foster grant funds for a period of six full-time semesters or the equivalent.
32.20
(f) Foster grants may be awarded to an eligible student for four quarters, three semesters,
32.21
or the equivalent during the course of a single fiscal year. In calculating the award amount,
32.22
the office must use the same calculation it would for any other term.
32.23
(g) The commissioner shall establish a priority application deadline.
32.24
(h) If there is a projected shortfall in available resources, the commissioner must
32.25
proportionately reduce awards to keep spending within available resources.
32.26
(i) Applicants applying after the priority deadline for whom the office has received a
32.27
completed application must be placed on a waiting list in order of application completion
32.28
date. Awards must be made on a first-come, first-served basis in the order complete
32.29
applications are received. Students who received the Fostering Independence Grant in the
32.30
previous year shall be given priority. If there are multiple applications with identical
32.31
completion dates, those applications must be further sorted by application receipt date.
32.32
Awards must be made to eligible students until the appropriation is expended.
32
Article 2 Sec. 15.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
33.1
Sec. 16. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 1, is
33.2
amended to read:
33.3
Subdivision 1. Definitions. The following terms have the meanings given:
33.4
(1) "eligible student" means a resident student under section 136A.101, subdivision 8,
33.5
who is enrolled in any public postsecondary educational institution or Tribal college and
33.6
who meets the eligibility requirements in subdivision 2;
33.7
(2) "gift aid" means all includes:
33.8
(i) all federal financial aid that is not a loan or pursuant to a work-study program;
33.9
(ii) state financial aid, unless designated for other expenses, that is not a loan or pursuant
33.10
to a work-study program;
33.11
(iii) institutional financial aid designated for the student's educational expenses, including
33.12
a grant, scholarship, tuition waiver, fellowship stipend, or other third-party payment, unless
33.13
designated for other expenses, that is not a loan or pursuant to a work-study program; and
33.14
(iv) all private financial aid that is not a loan or pursuant to a work-study program.
33.15
Financial aid from the state, public postsecondary educational institutions, and Tribal colleges
33.16
that is specifically designated for other expenses is not gift aid for purposes of the North
33.17
Star Promise scholarship.
33.18
(3) "office" means the Office of Higher Education;
33.19
(3) "other expenses" includes books, required supplies, child care, emergency assistance,
33.20
food, and housing;
33.21
(4) "public postsecondary educational institution" means an institution operated by this
33.22
state, or the Board of Regents of the University of Minnesota, or a Tribal college;
33.23
(5) "recognized cost of attendance" has the meaning given in United States Code, title
33.24
20, chapter 28, subchapter IV, part F, section 1087ll;
33.25
(5) "scholarship" means funds to pay 100 percent of tuition and fees remaining after
33.26
deducting grants and other scholarships;
33.27
(6) "Tribal college" means a college defined in section 136A.1796, subdivision 1,
33.28
paragraph (c); and
33.29
(7) "tuition and fees" means the actual tuition and mandatory fees charged by an
33.30
institution.
33
Article 2 Sec. 16.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
34.1
Sec. 17. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 2, is
34.2
amended to read:
34.3
Subd. 2. Conditions for eligibility. A scholarship may be awarded to an eligible student
34.4
who:
34.5
(1) has completed the Free Application for Federal Student Aid (FAFSA) or the state
34.6
aid application;
34.7
(2) has a family adjusted gross income below $80,000;
34.8
(3) is a graduate of a secondary school or its equivalent, or is 17 years of age or over
34.9
and has met all requirements for admission as a student to an eligible college or university;
34.10
(3) (4) has not earned a baccalaureate degree at the time the scholarship is awarded;
34.11
(4) (5) is enrolled in at least one credit per fall, spring, or summer semester; and
34.12
(6) is enrolled in a program or course of study that applies to a degree, diploma, or
34.13
certificate;
34.14
(7) is not in default, as defined by the office, of any federal or state student educational
34.15
loan;
34.16
(8) is not more than 30 days in arrears in court-ordered child support that is collected or
34.17
enforced by the public authority responsible for child support enforcement or, if the applicant
34.18
is more than 30 days in arrears in court-ordered child support that is collected or enforced
34.19
by the public authority responsible for child support enforcement, but is complying with a
34.20
written payment agreement under section 518A.69 or order for arrearages;
34.21
(9) has not been convicted of or pled nolo contendere or guilty to a crime involving
34.22
fraud in obtaining federal Title IV funds within the meaning of Code of Federal Regulations,
34.23
subtitle B, chapter VI, part 668, subpart C; and
34.24
(5) (10) is meeting satisfactory academic progress as defined in section 136A.101,
34.25
subdivision 10.
34.26
Sec. 18. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 3, is
34.27
amended to read:
34.28
Subd. 3. Scholarship. (a) Beginning in the fall term of the 2024-2025 academic year,
34.29
scholarships shall be awarded to eligible students in an amount not to exceed 100 percent
34.30
of tuition and fees after grants and other scholarships are gift aid is deducted.
34
Article 2 Sec. 18.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
35.1
(b) For the 2024-2025, 2025-2026, and 2026-2027 academic years, if funds remain after
35.2
scholarships are awarded under paragraph (a), supplemental grants shall be awarded to
35.3
eligible students in an amount equal to 100 percent of tuition and fees plus, subject to
35.4
available funds, up to 50 percent of the amount of a Pell grant the student would receive
35.5
based on household size, family adjusted gross income, and results of the federal needs
35.6
analysis after other gift aid is deducted, not to exceed the student's recognized cost of
35.7
attendance. The commissioner may adjust the supplemental grant amount based on the
35.8
availability of funds.
35.9
Sec. 19. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 4, is
35.10
amended to read:
35.11
Subd. 4. Maintain current levels of institutional assistance. (a) Commencing with
35.12
the 2024-2025 academic year, a public postsecondary educational institution or Tribal
35.13
college shall not reduce the institutional gift aid offered or awarded to a student who is
35.14
eligible to receive funds under this program unless the student's gift aid exceeds the student's
35.15
annual recognized cost of attendance.
35.16
(b) The public postsecondary educational institution or Tribal college may reduce the
35.17
institutional gift aid offer of a student who is eligible to receive funds under this program
35.18
by no more than the amount of the student's gift aid that is in excess of the student's annual
35.19
recognized cost of attendance.
35.20
(c) The public postsecondary educational institution or Tribal college shall not consider
35.21
receipt or anticipated receipt of funds under this program when considering a student for
35.22
qualification for institutional gift aid.
35.23
(d) To ensure financial aid is maximized, a public postsecondary educational institution
35.24
or Tribal college is encouraged to implement efforts to avoid scholarship displacement
35.25
through consultation with the Office of Higher Education and students to avoid situations
35.26
where institutional gift aid can only be used for specific purposes.
35.27
Sec. 20. Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 5, is
35.28
amended to read:
35.29
Subd. 5. Duration of scholarship authorized; scholarship paid to institution. (a)
35.30
Each scholarship is for a period of one semester. A scholarship may be renewed provided
35.31
that the eligible student continues to meet the conditions of eligibility.
35
Article 2 Sec. 20.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
36.1
(b) Scholarships may be provided to an eligible student for up to 60 credits for pursuing
36.2
the completion of a certificate or an associate degree and up to 120 credits for the completion
36.3
of a bachelor's degree who has not previously received the scholarship for four full-time
36.4
semesters or the equivalent. Scholarships may be provided to an eligible student pursuing
36.5
the completion of a bachelor's degree who has not previously received the scholarship for
36.6
eight full-time semesters or the equivalent. The maximum credits for which a student is
36.7
eligible is a total of 120 credits eight full-time semesters or the equivalent. Courses taken
36.8
that qualify as developmental education or below college-level shall be excluded from the
36.9
limit.
36.10
(c) A student is entitled to an additional semester or the equivalent of grant eligibility
36.11
if the student withdraws from enrollment:
36.12
(1) for active military service because the student was ordered to active military service
36.13
as defined in section 190.05, subdivision 5b or 5c;
36.14
(2) for a serious health condition, while under the care of a medical professional, that
36.15
substantially limits the student's ability to complete the term; or
36.16
(3) while providing care that substantially limits the student's ability to complete the
36.17
term to the student's spouse, child, or parent who has a serious health condition.
36.18
(c) The commissioner shall determine a time frame by which the eligible student must
36.19
complete the credential.
36.20
(d) The scholarship must be paid directly to the eligible institution where the student is
36.21
enrolled.
36.22
Sec. 21. Minnesota Statutes 2022, section 136A.1701, subdivision 4, is amended to read:
36.23
Subd. 4. Terms and conditions of loans. (a) The office may loan money upon such
36.24
terms and conditions as the office may prescribe.
36.25
(b) The minimum loan amount and a maximum loan amount to students must be
36.26
determined annually by the office. Loan limits are defined based on the type of program
36.27
enrollment, such as a certificate, an associate's degree, a bachelor's degree, or a graduate
36.28
program. The aggregate principal amount of all loans made subject to this paragraph to a
36.29
student as an undergraduate and graduate student must not exceed $140,000. The amount
36.30
of the loan must not exceed the cost of attendance as determined by the eligible institution
36.31
less all other financial aid, including PLUS loans or other similar parent loans borrowed on
36.32
the student's behalf. A student may borrow up to the maximum amount twice in the same
36.33
grade level.
36
Article 2 Sec. 21.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
37.1
(c) The cumulative borrowing maximums must be determined annually by the office
37.2
and are defined based on program enrollment. In determining the cumulative borrowing
37.3
maximums, the office shall, among other considerations, take into consideration the maximum
37.4
SELF loan amount, student financing needs, funding capacity for the SELF program,
37.5
delinquency and default loss management, and current financial market conditions.
37.6
Sec. 22. Minnesota Statutes 2022, section 136A.1701, subdivision 7, is amended to read:
37.7
Subd. 7. Repayment of loans. The office shall establish repayment procedures for loans
37.8
made under this section in accordance with the policies, rules, and conditions authorized
37.9
under section 136A.16, subdivision 2. The office will take into consideration the loan limits
37.10
and current financial market conditions when establishing repayment terms. The office shall
37.11
not require a minimum annual payment, though the office may require minimum monthly
37.12
payments.
37.13
Sec. 23. Minnesota Statutes 2022, section 136A.29, subdivision 9, is amended to read:
37.14
Subd. 9. Revenue bonds; limit. The authority is authorized and empowered to issue
37.15
revenue bonds whose aggregate principal amount at any time shall not exceed $1,300,000,000
37.16
$2,000,000,000 and to issue notes, bond anticipation notes, and revenue refunding bonds
37.17
of the authority under the provisions of sections 136A.25 to 136A.42, to provide funds for
37.18
acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving,
37.19
furnishing, or equipping one or more projects or parts thereof.
37.20
Sec. 24. Minnesota Statutes 2023 Supplement, section 136A.62, subdivision 3, is amended
37.21
to read:
37.22
Subd. 3. School. "School" means:
37.23
(1) a Tribal college that has a physical presence in Minnesota;
37.24
(2) any partnership, company, firm, society, trust, association, corporation, or any
37.25
combination thereof, with a physical presence in Minnesota, which: (i) is, owns, or operates
37.26
a private, nonprofit postsecondary education institution; (ii) is, owns, or operates a private,
37.27
for-profit postsecondary education institution; or (iii) provides a postsecondary instructional
37.28
program or course leading to a degree whether or not for profit; or
37.29
(3) any public or private postsecondary educational institution located in another state
37.30
or country which offers or makes available to a Minnesota resident any course, program or
37.31
educational activity which does not require the leaving of the state for its completion; or
37.32
with a physical presence in Minnesota.
37
Article 2 Sec. 24.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
38.1
(4) any individual, entity, or postsecondary institution located in another state that
38.2
contracts with any school located within the state of Minnesota for the purpose of providing
38.3
educational programs, training programs, or awarding postsecondary credits or continuing
38.4
education credits to Minnesota residents that may be applied to a degree program.
38.5
Sec. 25. Minnesota Statutes 2022, section 136A.62, is amended by adding a subdivision
38.6
to read:
38.7
Subd. 8. Postsecondary education. "Postsecondary education" means the range of
38.8
formal learning opportunities beyond high school, including those aimed at learning an
38.9
occupation or earning an academic credential.
38.10
Sec. 26. Minnesota Statutes 2022, section 136A.62, is amended by adding a subdivision
38.11
to read:
38.12
Subd. 9. Physical presence. "Physical presence" means a presence within the state of
38.13
Minnesota for the purpose of conducting activity related to any program at the degree level
38.14
or courses that may be applied to a degree program. Physical presence includes:
38.15
(1) operating a location within the state;
38.16
(2) offering instruction within or originating from Minnesota designed to impart
38.17
knowledge with response utilizing teachers, trainers, counselors or computer resources,
38.18
computer linking, or any form of electronic means; and
38.19
(3) granting an educational credential from a location within the state or to a student
38.20
within the state.
38.21
Physical presence does not include field trips, sanctioned sports recruiting activities, or
38.22
college fairs or other assemblies of schools in Minnesota. No school may enroll an individual,
38.23
allow an individual to sign any agreement obligating the person to the school, accept any
38.24
moneys from the individual, or follow up with an individual by means of an in-person
38.25
meeting in Minnesota at a college fair or assembly.
38.26
Sec. 27. Minnesota Statutes 2022, section 136A.63, subdivision 1, is amended to read:
38.27
Subdivision 1. Annual registration. All schools located within Minnesota and all schools
38.28
located outside Minnesota with a physical presence in Minnesota which offer degree
38.29
programs or courses within Minnesota shall register annually with the office.
38
Article 2 Sec. 27.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
39.1
Sec. 28. Minnesota Statutes 2022, section 136A.646, is amended to read:
39.2
136A.646 ADDITIONAL SECURITY.
39.3
(a) New institutions that have been granted conditional approval for degrees or names
39.4
to allow them the opportunity to apply for and receive accreditation under section 136A.65,
39.5
subdivision 7, shall provide a surety bond in a sum equal to ten percent of the net revenue
39.6
from tuition and fees in the registered institution's prior fiscal year, but in no case shall the
39.7
bond be less than $10,000.
39.8
(b) Any registered institution that is notified by the United States Department of Education
39.9
that it has fallen below minimum financial standards and that its continued participation in
39.10
Title IV will be conditioned upon its satisfying either the Zone Alternative, an alternative
39.11
standard set forth in Code of Federal Regulations, title 34, section 668.175, paragraph (f),
39.12
or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175,
39.13
paragraph (c), shall provide a surety bond in a sum equal to the "letter of credit" required
39.14
by the United States Department of Education in the Letter of Credit Alternative, but in no
39.15
event shall such bond be less than $10,000 nor more than $250,000. If the letter of credit
39.16
required by the United States Department of Education is higher than ten percent of the
39.17
Title IV, Higher Education Act program funds received by the institution during its most
39.18
recently completed fiscal year, the office shall reduce the office's surety requirement to
39.19
represent ten percent of the Title IV, Higher Education Act program funds received by the
39.20
institution during its most recently completed fiscal year, subject to the minimum and
39.21
maximum in this paragraph.
39.22
(c) In lieu of a bond, the applicant may deposit with the commissioner of management
39.23
and budget:
39.24
(1) a sum equal to the amount of the required surety bond in cash;
39.25
(2) securities, as may be legally purchased by savings banks or for trust funds, in an
39.26
aggregate market value equal to the amount of the required surety bond; or
39.27
(3) an irrevocable letter of credit issued by a financial institution to the amount of the
39.28
required surety bond.
39.29
(d) The surety of any bond may cancel it upon giving 60 days' notice in writing to the
39.30
office and shall be relieved of liability for any breach of condition occurring after the
39.31
effective date of cancellation.
39.32
(e) In the event of a school closure, the additional security must first be used to destroy
39.33
any private educational data under section 13.32 left at a physical campus in Minnesota
39
Article 2 Sec. 28.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
40.1
after all other governmental agencies have recovered or retrieved records under their record
40.2
retention policies. Any remaining funds must then be used to reimburse tuition and fee costs
40.3
to students that were enrolled at the time of the closure or had withdrawn in the previous
40.4
120 180 calendar days but did not graduate. Priority for refunds will be given to students
40.5
in the following order:
40.6
(1) cash payments made by the student or on behalf of a student;
40.7
(2) private student loans; and
40.8
(3) Veteran Administration education benefits that are not restored by the Veteran
40.9
Administration. If there are additional security funds remaining, the additional security
40.10
funds may be used to cover any administrative costs incurred by the office related to the
40.11
closure of the school.
40.12
Sec. 29. Minnesota Statutes 2022, section 136A.65, subdivision 4, is amended to read:
40.13
Subd. 4. Criteria for approval. (a) A school applying to be registered and to have its
40.14
degree or degrees and name approved must substantially meet the following criteria:
40.15
(1) the school has an organizational framework with administrative and teaching personnel
40.16
to provide the educational programs offered;
40.17
(2) the school has financial resources sufficient to meet the school's financial obligations,
40.18
including refunding tuition and other charges consistent with its stated policy if the institution
40.19
is dissolved, or if claims for refunds are made, to provide service to the students as promised,
40.20
and to provide educational programs leading to degrees as offered;
40.21
(3) the school operates in conformity with generally accepted accounting principles
40.22
according to the type of school;
40.23
(4) the school provides an educational program leading to the degree it offers;
40.24
(5) the school provides appropriate and accessible library, laboratory, and other physical
40.25
facilities to support the educational program offered;
40.26
(6) the school has a policy on freedom or limitation of expression and inquiry for faculty
40.27
and students which is published or available on request;
40.28
(7) the school uses only publications and advertisements which are truthful and do not
40.29
give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school,
40.30
its personnel, programs, services, or occupational opportunities for its graduates for promotion
40.31
and student recruitment;
40
Article 2 Sec. 29.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
41.1
(8) the school's compensated recruiting agents who are operating in Minnesota identify
41.2
themselves as agents of the school when talking to or corresponding with students and
41.3
prospective students;
41.4
(9) the school provides information to students and prospective students concerning:
41.5
(i) comprehensive and accurate policies relating to student admission, evaluation,
41.6
suspension, and dismissal;
41.7
(ii) clear and accurate policies relating to granting credit for prior education, training,
41.8
and experience and for courses offered by the school;
41.9
(iii) current schedules of fees, charges for tuition, required supplies, student activities,
41.10
housing, and all other standard charges;
41.11
(iv) policies regarding refunds and adjustments for withdrawal or modification of
41.12
enrollment status; and
41.13
(v) procedures and standards used for selection of recipients and the terms of payment
41.14
and repayment for any financial aid program;
41.15
(10) the school must not withhold a student's official transcript because the student is
41.16
in arrears or in default on any loan issued by the school to the student if the loan qualifies
41.17
as an institutional loan under United States Code, title 11, section 523(a)(8)(b); and
41.18
(11) the school has a process to receive and act on student complaints;
41.19
(12) the school includes a joint and several liability provision for torts and compliance
41.20
with the requirements of sections 136A.61 to 136A.71 in any contract effective after July
41.21
1, 2026, with any individual, entity, or postsecondary school located in another state for the
41.22
purpose of providing educational or training programs or awarding postsecondary credits
41.23
or continuing education credits to Minnesota residents that may be applied to a degree
41.24
program; and
41.25
(13) the school must not use nondisclosure agreements or other contracts restricting a
41.26
student's ability to disclose information in connection with school actions or conduct that
41.27
would be covered under section 136A.672.
41.28
(b) An application for degree approval must also include:
41.29
(i) title of degree and formal recognition awarded;
41.30
(ii) location where such degree will be offered;
41.31
(iii) proposed implementation date of the degree;
41
Article 2 Sec. 29.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
42.1
(iv) admissions requirements for the degree;
42.2
(v) length of the degree;
42.3
(vi) projected enrollment for a period of five years;
42.4
(vii) the curriculum required for the degree, including course syllabi or outlines;
42.5
(viii) statement of academic and administrative mechanisms planned for monitoring the
42.6
quality of the proposed degree;
42.7
(ix) statement of satisfaction of professional licensure criteria, if applicable;
42.8
(x) documentation of the availability of clinical, internship, externship, or practicum
42.9
sites, if applicable; and
42.10
(xi) statement of how the degree fulfills the institution's mission and goals, complements
42.11
existing degrees, and contributes to the school's viability.
42.12
Sec. 30. Minnesota Statutes 2022, section 136A.675, subdivision 2, is amended to read:
42.13
Subd. 2. Additional reporting. (a) In addition to the information required for the
42.14
indicators in subdivision 1, an institution must notify the office within ten business days if
42.15
any of the events in paragraphs (b) to (e) occur.
42.16
(b) Related to revenue, debt, and cash flow, notice is required if:
42.17
(1) the institution defaulted on a debt payment or covenant and has not received a waiver
42.18
of the violation from the financial institution within 60 days;
42.19
(2) for institutions with a federal composite score of less than 1.5, the institution's owner
42.20
withdraws equity that directly results in a composite score of less than 1.0, unless the
42.21
withdrawal is a transfer between affiliated entities included in a common composite score;
42.22
(3) the United States Department of Education requires a 25 percent or greater Letter of
42.23
Credit, except when the Letter of Credit is imposed due to a change of ownership;
42.24
(4) the United States Department of Education requires Heightened Cash Monitoring 2;
42.25
(5) the institution receives written notification that it violated the United States
42.26
Department of Education's revenue requirement under United States Code, title 20, section
42.27
1094(a)(24), as amended; or
42.28
(6) the institution receives written notification by the United States Department of
42.29
Education that it has fallen below minimum financial standards and that its continued
42.30
participation in Title IV is conditioned upon satisfying either the Zone Alternative, an
42
Article 2 Sec. 30.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
43.1
alternative standard set forth in Code of Federal Regulations, title 34, section 668.175,
43.2
paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section
43.3
668.175, paragraph (c).
43.4
(c) Related to accreditation and licensing, notice is required if:
43.5
(1) the institution receives written notification of probation, warning, show-cause, or
43.6
loss of institutional accreditation;
43.7
(2) the institution receives written notification that its institutional accreditor lost federal
43.8
recognition; or
43.9
(3) the institution receives written notification that it has materially violated state
43.10
authorization or institution licensing requirements in a different state that may lead to or
43.11
has led to the termination of the institution's ability to continue to provide educational
43.12
programs or otherwise continue to operate in that state.
43.13
(d) Related to securities, notice is required if:
43.14
(1) the Securities and Exchange Commission (i) issues an order suspending or revoking
43.15
the registration of the institution's securities, or (ii) suspends trading of the institution's
43.16
securities on any national securities exchange;
43.17
(2) the national securities exchange on which the institution's securities are traded notifies
43.18
the institution that it is not in compliance with the exchange's listing requirements and the
43.19
institution's securities are delisted; or
43.20
(3) the Securities and Exchange Commission is not in timely receipt of a required report
43.21
and did not issue an extension to file the report.
43.22
(e) Related to criminal and civil investigations, notice is required if:
43.23
(1) the institution receives written notification of a felony criminal indictment or charges
43.24
of the institution's owner;
43.25
(2) the institution receives written notification of criminal indictment or charges of the
43.26
institution's officers related to operations of the institution; or
43.27
(3) there has been a criminal, civil, or administrative adjudication of fraud or
43.28
misrepresentation in Minnesota or in another state or jurisdiction against the institution or
43.29
its owner, officers, agents, or sponsoring organization.
43
Article 2 Sec. 30.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
44.1
Sec. 31. Minnesota Statutes 2022, section 136A.69, subdivision 1, is amended to read:
44.2
Subdivision 1. Registration fees. (a) The office shall collect reasonable registration fees
44.3
that are sufficient to recover, but do not exceed, its costs of administering the registration
44.4
program. The office shall charge the fees listed in paragraphs (b) and (c) to (d) for new
44.5
registrations.
44.6
(b) A new school offering no more than one degree at each level during its first year
44.7
must pay registration fees for each applicable level in the following amounts:
$2,000
44.8
associate degree
$2,500
44.9
baccalaureate degree
$3,000
44.10
master's degree
$3,500
44.11
doctorate degree
44.12
(c) A new school that will offer more than one degree per level during its first year must
44.13
pay registration fees in an amount equal to the fee for the first degree at each degree level
44.14
under paragraph (b), plus fees for each additional nondegree program or degree as follows:
$250
44.15
nondegree program
$250
44.16
additional associate degree
$500
44.17
additional baccalaureate degree
$750
44.18
additional master's degree
$1,000
44.19
additional doctorate degree
44.20
(d) In addition to the fees under paragraphs (b) and (c), a fee of $600 must be paid for
44.21
an initial application that: (1) has had four revisions, corrections, amendment requests, or
44.22
application reminders for the same application or registration requirement; or (2) cumulatively
44.23
has had six revisions, corrections, amendment requests, or application reminders for the
44.24
same license application and the school seeks to continue with the application process with
44.25
additional application submissions. If this fee is paid, the school may submit two final
44.26
application submissions for review prior to application denial under section 136A.65,
44.27
subdivision 8. This provision excludes from its scope nonrepetitive questions or clarifications
44.28
initiated by the school before the submission of the application, initial interpretation questions
44.29
or inquiries from the office regarding a completed application, and initial requests from the
44.30
office for verification or validation of a completed application.
44.31
(d) (e) The annual renewal registration fee is $1,500.
44.32
(f) In addition to the fee under paragraph (e), a fee of $600 must be paid for a renewal
44.33
application that: (1) has had four revisions, corrections, amendment requests, or application
44.34
reminders for the same application or registration requirement; or (2) cumulatively has had
44
Article 2 Sec. 31.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
45.1
six revisions, corrections, amendment requests, or application reminders for the same license
45.2
application and the school seeks to continue with the application process with additional
45.3
application submissions. If this fee is paid, the school may submit two final application
45.4
submissions for review prior to application denial under section 136A.65, subdivision 8.
45.5
This provision excludes from its scope nonrepetitive questions or clarifications initiated by
45.6
the school before the submission of the application, initial interpretation questions or inquiries
45.7
from the office regarding a completed application, and initial requests from the office for
45.8
verification or validation of a completed application.
45.9
Sec. 32. Minnesota Statutes 2022, section 136A.821, subdivision 5, is amended to read:
45.10
Subd. 5. Private career school. "Private career school" means a person who maintains,
45.11
advertises, administers, solicits for, or conducts a physical presence for any program at less
45.12
than an associate degree level; is not registered as a private institution under sections 136A.61
45.13
to 136A.71; and is not specifically exempted by section 136A.833.
45.14
Sec. 33. Minnesota Statutes 2022, section 136A.821, is amended by adding a subdivision
45.15
to read:
45.16
Subd. 20. Physical presence. "Physical presence" means presence within the state of
45.17
Minnesota for the purpose of conducting activity related to any program at less than an
45.18
associate degree level. Physical presence includes:
45.19
(1) operating a location within the state;
45.20
(2) offering instruction within or originating from Minnesota designed to impart
45.21
knowledge with response utilizing teachers, trainers, counselors or computer resources,
45.22
computer linking, or any form of electronic means;
45.23
(3) granting an educational credential from a location within the state or to a student
45.24
within the state; and
45.25
(4) using an agent, recruiter, institution, or business that solicits for enrollment or credits
45.26
or for the award of an educational credential.
45.27
Physical presence does not include field trips, sanctioned sports recruiting activities, or
45.28
college fairs or other assemblies of schools in Minnesota. No school may enroll an individual,
45.29
allow an individual to sign any agreement obligating the person to the school, accept any
45.30
moneys from the individual, or follow up with an individual by means of an in-person
45.31
meeting in Minnesota at a college fair or assembly.
45
Article 2 Sec. 33.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
46.1
Sec. 34. Minnesota Statutes 2022, section 136A.822, subdivision 1, is amended to read:
46.2
Subdivision 1. Required. A private career school must not maintain, advertise, solicit
46.3
for, administer, or conduct a physical presence for any program in Minnesota without first
46.4
obtaining a license from the office.
46.5
Sec. 35. Minnesota Statutes 2022, section 136A.822, subdivision 2, is amended to read:
46.6
Subd. 2. Contract unenforceable. A contract entered into with a person for a program
46.7
by or on behalf of a person operating a private career school with a physical presence in
46.8
Minnesota to which a license has not been issued under sections 136A.821 to 136A.833, is
46.9
unenforceable in any action.
46.10
Sec. 36. Minnesota Statutes 2022, section 136A.822, subdivision 6, is amended to read:
46.11
Subd. 6. Bond. (a) No license shall be issued to any private career school which
46.12
maintains, conducts, solicits for, or advertises with a physical presence within the state of
46.13
Minnesota for any program, unless the applicant files with the office a continuous corporate
46.14
surety bond written by a company authorized to do business in Minnesota conditioned upon
46.15
the faithful performance of all contracts and agreements with students made by the applicant.
46.16
(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net
46.17
revenue from student tuition, fees, and other required institutional charges collected, but in
46.18
no event less than $10,000, except that a private career school may deposit a greater amount
46.19
at its own discretion. A private career school in each annual application for licensure must
46.20
compute the amount of the surety bond and verify that the amount of the surety bond complies
46.21
with this subdivision. A private career school that operates at two or more locations may
46.22
combine net revenue from student tuition, fees, and other required institutional charges
46.23
collected for all locations for the purpose of determining the annual surety bond requirement.
46.24
The net revenue from tuition and fees used to determine the amount of the surety bond
46.25
required for a private career school having a license for the sole purpose of recruiting students
46.26
in Minnesota shall be only that paid to the private career school by the students recruited
46.27
from Minnesota.
46.28
(2) A person required to obtain a private career school license due to the use of
46.29
"academy," "institute," "college," or "university" in its name and which is also licensed by
46.30
another state agency or board, except not including those schools licensed exclusively in
46.31
order to participate in state grants or SELF loan financial aid programs, shall be required
46.32
to provide a school bond of $10,000.
46
Article 2 Sec. 36.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
47.1
(c) The bond shall run to the state of Minnesota and to any person who may have a cause
47.2
of action against the applicant arising at any time after the bond is filed and before it is
47.3
canceled for breach of any contract or agreement made by the applicant with any student.
47.4
The aggregate liability of the surety for all breaches of the conditions of the bond shall not
47.5
exceed the principal sum deposited by the private career school under paragraph (b). The
47.6
surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
47.7
shall be relieved of liability for any breach of condition occurring after the effective date
47.8
of cancellation.
47.9
(d) In lieu of bond, the applicant may deposit with the commissioner of management
47.10
and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
47.11
letter of credit issued by a financial institution equal to the amount of the required surety
47.12
bond, or securities as may be legally purchased by savings banks or for trust funds in an
47.13
aggregate market value equal to the amount of the required surety bond.
47.14
(e) Failure of a private career school to post and maintain the required surety bond or
47.15
deposit under paragraph (d) may result in denial, suspension, or revocation of the school's
47.16
license.
47.17
Sec. 37. Minnesota Statutes 2022, section 136A.822, subdivision 7, is amended to read:
47.18
Subd. 7. Resident agent. Private career schools located outside the state of Minnesota
47.19
that offer, advertise, solicit for, or conduct any program have a physical presence within
47.20
the state of Minnesota shall first file with the secretary of state a sworn statement designating
47.21
a resident agent authorized to receive service of process. The statement shall designate the
47.22
secretary of state as resident agent for service of process in the absence of a designated
47.23
agent. If a private career school fails to file the statement, the secretary of state is designated
47.24
as the resident agent authorized to receive service of process. The authorization shall be
47.25
irrevocable as to causes of action arising out of transactions occurring prior to the filing of
47.26
written notice of withdrawal from the state of Minnesota filed with the secretary of state.
47.27
Sec. 38. Minnesota Statutes 2022, section 136A.822, subdivision 8, is amended to read:
47.28
Subd. 8. Minimum standards. A license shall be issued if the office first determines:
47.29
(1) that the applicant has a sound financial condition with sufficient resources available
47.30
to:
47.31
(i) meet the private career school's financial obligations;
47
Article 2 Sec. 38.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
48.1
(ii) refund all tuition and other charges, within a reasonable period of time, in the event
48.2
of dissolution of the private career school or in the event of any justifiable claims for refund
48.3
against the private career school by the student body;
48.4
(iii) provide adequate service to its students and prospective students; and
48.5
(iv) maintain and support the private career school;
48.6
(2) that the applicant has satisfactory facilities with sufficient tools and equipment and
48.7
the necessary number of work stations to prepare adequately the students currently enrolled,
48.8
and those proposed to be enrolled;
48.9
(3) that the applicant employs a sufficient number of qualified teaching personnel to
48.10
provide the educational programs contemplated;
48.11
(4) that the private career school has an organizational framework with administrative
48.12
and instructional personnel to provide the programs and services it intends to offer;
48.13
(5) that the quality and content of each occupational course or program of study provides
48.14
education and adequate preparation to enrolled students for entry level positions in the
48.15
occupation for which prepared;
48.16
(6) that the premises and conditions where the students work and study and the student
48.17
living quarters which are owned, maintained, recommended, or approved by the applicant
48.18
are sanitary, healthful, and safe, as evidenced by certificate of occupancy issued by the
48.19
municipality or county where the private career school is physically situated, a fire inspection
48.20
by the local or state fire marshal, or another verification deemed acceptable by the office;
48.21
(7) that the contract or enrollment agreement used by the private career school complies
48.22
with the provisions in section 136A.826;
48.23
(8) that contracts and agreements do not contain a wage assignment provision or a
48.24
confession of judgment clause; and
48.25
(9) that there has been no adjudication of fraud or misrepresentation in any criminal,
48.26
civil, or administrative proceeding in any jurisdiction against the private career school or
48.27
its owner, officers, agents, or sponsoring organization;
48.28
(10) that the private career school or its owners, officers, agents, or sponsoring
48.29
organization has not had a license revoked under section 136A.829 or its equivalent in other
48.30
states or has closed the institution prior to all students, enrolled at the time of the closure,
48.31
completing their program within two years of the effective date of the revocation; and
48
Article 2 Sec. 38.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
49.1
(11) that the school includes a joint and several liability provision for torts and compliance
49.2
with the requirements of sections 136A.82 to 136A.834 in any contract effective after July
49.3
1, 2026, with any individual, entity, or postsecondary school located in another state for the
49.4
purpose of providing educational or training programs or awarding postsecondary credits
49.5
to Minnesota residents that may be applied to a program.
49.6
Sec. 39. Minnesota Statutes 2022, section 136A.824, subdivision 1, is amended to read:
49.7
Subdivision 1. Initial licensure fee. (a) The office processing fee for an initial licensure
49.8
application is:
49.9
(1) $2,500 for a private career school that will offer no more than one program during
49.10
its first year of operation;
49.11
(2) $750 for a private career school licensed exclusively due to the use of the term
49.12
"college," "university," "academy," or "institute" in its name, or licensed exclusively in
49.13
order to participate in state grant or SELF loan financial aid programs; and
49.14
(3) $2,500, plus $500 for each additional program offered by the private career school,
49.15
for a private career school during its first year of operation.
49.16
(b) In addition to the fee under paragraph (a), a fee of $600 must be paid for an initial
49.17
application that: (1) has had four revisions, corrections, amendment requests, or application
49.18
reminders for the same application or licensure requirement; or (2) cumulatively has had
49.19
six revisions, corrections, amendment requests, or application reminders for the same license
49.20
application and the private career school seeks to continue with the application process with
49.21
additional application submissions. If this fee is paid, the private career school may submit
49.22
two final application submissions for review prior to application denial under section
49.23
136A.829, subdivision 1, clause (2). This provision excludes from its scope nonrepetitive
49.24
questions or clarifications initiated by the school before the submission of the application,
49.25
initial interpretation questions or inquiries from the office regarding a completed application,
49.26
and initial requests from the office for verification or validation of a completed application.
49.27
Sec. 40. Minnesota Statutes 2022, section 136A.824, subdivision 2, is amended to read:
49.28
Subd. 2. Renewal licensure fee; late fee. (a) The office processing fee for a renewal
49.29
licensure application is:
49.30
(1) for a private career school that offers one program, the license renewal fee is $1,150;
49
Article 2 Sec. 40.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
50.1
(2) for a private career school that offers more than one program, the license renewal
50.2
fee is $1,150, plus $200 for each additional program with a maximum renewal licensing
50.3
fee of $2,000;
50.4
(3) for a private career school licensed exclusively due to the use of the term "college,"
50.5
"university," "academy," or "institute" in its name, the license renewal fee is $750; and
50.6
(4) for a private career school licensed by another state agency and also licensed with
50.7
the office exclusively in order to participate in state student aid programs, the license renewal
50.8
fee is $750.
50.9
(b) If a license renewal application is not received by the office by the close of business
50.10
at least 60 days before the expiration of the current license, a late fee of $100 per business
50.11
day, not to exceed $3,000, shall be assessed.
50.12
(c) In addition to the fee under paragraph (a), a fee of $600 must be paid for a renewal
50.13
application that: (1) has had four revisions, corrections, amendment requests, or application
50.14
reminders for the same application or licensure requirement; or (2) cumulatively has had
50.15
six revisions, corrections, amendment requests, or application reminders for the same license
50.16
application and the private career school seeks to continue with the application process with
50.17
additional application submissions. If this fee is paid, the private career school may submit
50.18
two final application submissions for review prior to application denial under section
50.19
136A.829, subdivision 1, clause (2). This provision excludes from its scope nonrepetitive
50.20
questions or clarifications initiated by the school before the submission of the application,
50.21
initial interpretation questions or inquiries from the office regarding a completed application,
50.22
and initial requests from the office for verification or validation of a completed application.
50.23
Sec. 41. Minnesota Statutes 2022, section 136A.828, subdivision 3, is amended to read:
50.24
Subd. 3. False statements. (a) A private career school, agent, or solicitor shall not make,
50.25
or cause to be made, any statement or representation, oral, written or visual, in connection
50.26
with the offering or publicizing of a program, if the private career school, agent, or solicitor
50.27
knows or reasonably should have known the statement or representation to be false,
50.28
fraudulent, deceptive, substantially inaccurate, or misleading.
50.29
(b) Other than opinion-based statements or puffery, a school shall only make claims that
50.30
are evidence-based, can be validated, and are based on current conditions and not on
50.31
conditions that are no longer relevant.
50.32
(c) A school shall not guarantee or imply the guarantee of employment.
50
Article 2 Sec. 41.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
51.1
(d) A school shall not guarantee or advertise any certain wage or imply earnings greater
51.2
than the prevailing wage for entry-level wages in the field of study for the geographic area
51.3
unless advertised wages are based on verifiable wage information from graduates.
51.4
(e) If placement statistics are used in advertising or other promotional materials, the
51.5
school must be able to substantiate the statistics with school records. These records must
51.6
be made available to the office upon request. A school is prohibited from reporting the
51.7
following in placement statistics:
51.8
(1) a student required to receive a job offer or start a job to be classified as a graduate;
51.9
(2) a graduate if the graduate held a position before enrolling in the program, unless
51.10
graduating enabled the graduate to maintain the position or the graduate received a promotion
51.11
or raise upon graduation;
51.12
(3) a graduate who works less than 20 hours per week; and
51.13
(4) a graduate who is not expected to maintain the position for at least 180 days.
51.14
(f) A school shall not use endorsements, commendations, or recommendations by a
51.15
student in favor of a school except with the consent of the student and without any offer of
51.16
financial or other material compensation. Endorsements may be used only when they portray
51.17
current conditions.
51.18
(g) A school may advertise that the school or its programs have been accredited by an
51.19
accrediting agency recognized by the United States Department of Education or the Council
51.20
for Higher Education Accreditation, but shall not advertise any other accreditation unless
51.21
approved by the office. The office may approve an institution's advertising of accreditation
51.22
that is not recognized by the United States Department of Education or the Council for
51.23
Higher Education if that accreditation is industry specific. Clear distinction must be made
51.24
when the school is in candidacy or application status versus full accreditation.
51.25
(h) A school may advertise that financial aid is available, including a listing of the
51.26
financial aid programs in which the school participates, but federal or state financial aid
51.27
shall not be used as a primary incentive in advertisement, promotion, or recruitment.
51.28
(i) A school may advertise placement or career assistance, if offered, but shall not use
51.29
the words "wanted," "help wanted," or "trainee," either in the headline or the body of the
51.30
advertisement.
51.31
(j) A school shall not be advertised under any "help wanted," "employment," or similar
51.32
classification.
51
Article 2 Sec. 41.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
52.1
(k) A school shall not falsely claim that it is conducting a talent hunt, contest, or similar
52.2
test.
52.3
(l) A school shall not make a claim that its program qualifies for a national certification
52.4
if that national certification entity is not accepted or recognized by Minnesota employers.
52.5
A school may validate that a national certification is accepted or recognized by Minnesota
52.6
employers by providing three certified letters from employers that the national certification
52.7
entity is recognized in Minnesota by employers.
52.8
(l) (m) The commissioner, at any time, may require a retraction of a false, misleading,
52.9
or deceptive claim. To the extent reasonable, the retraction must be published in the same
52.10
manner as the original claim.
52.11
Sec. 42. Minnesota Statutes 2022, section 136A.828, is amended by adding a subdivision
52.12
to read:
52.13
Subd. 7. Nondisclosure agreements. No private career school shall use nondisclosure
52.14
agreements or other contracts restricting a student's ability to disclose information in
52.15
connection with school actions or conduct that would be covered under section 136A.8295.
52.16
Sec. 43. Minnesota Statutes 2022, section 136A.829, subdivision 3, is amended to read:
52.17
Subd. 3. Powers and duties. The office shall have (in addition to the powers and duties
52.18
now vested therein by law) the following powers and duties:
52.19
(a) To negotiate and enter into interstate reciprocity agreements with similar agencies
52.20
in other states, if in the judgment of the office such agreements are or will be helpful in
52.21
effectuating the purposes of Laws 1973, chapter 714;
52.22
(b) To grant conditional private career school license for periods of less than one year
52.23
if in the judgment of the office correctable deficiencies exist at the time of application and
52.24
when refusal to issue private career school license would adversely affect currently enrolled
52.25
students;
52.26
(c) The office may upon its own motion, and shall upon the verified complaint in writing
52.27
of any person setting forth fact which, if proved, would constitute grounds for refusal or
52.28
revocation under Laws 1973, chapter 714, investigate the actions of any applicant or any
52.29
person or persons holding or claiming to hold a license or permit. However, before proceeding
52.30
to a hearing on the question of whether a license or permit shall be refused, revoked or
52.31
suspended for any cause enumerated in subdivision 1, the office shall grant a reasonable
52.32
time to the holder of or applicant for a license or permit to correct the situation. If within
52
Article 2 Sec. 43.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
53.1
such time the situation is corrected and the private career school is in compliance with the
53.2
provisions of sections 136A.82 to 136A.834, no further action leading to refusal, revocation,
53.3
or suspension shall be taken.
53.4
(d) To grant a private career school a probationary license for periods of less than three
53.5
years if, in the judgment of the office, correctable deficiencies exist at the time of application
53.6
that need more than one year to correct and when the risk of harm to students can be
53.7
minimized through the use of restrictions and requirements as conditions of the license.
53.8
Probationary licenses may include requirements and restrictions for:
53.9
(1) periodic monitoring and submission of reports on the school's deficiencies to ascertain
53.10
whether compliance improves;
53.11
(2) periodic collaborative consultations with the school on noncompliance with sections
53.12
136A.82 to 136A.834 or how the institution is managing compliance;
53.13
(3) the submission of contingency plans such as teach-out plans or transfer pathways
53.14
for students;
53.15
(4) a prohibition from accepting tuition and fee payments prior to the add/drop period
53.16
of the current period of instruction or before the funds have been earned by the school
53.17
according to the refund requirements of section 136A.827;
53.18
(5) a prohibition from enrolling new students;
53.19
(6) enrollment caps;
53.20
(7) the initiation of alternative processes and communications with students enrolled at
53.21
the school to notify students of deficiencies or probation status;
53.22
(8) the submission of a surety under section 136A.822, subdivision 6, paragraph (b),
53.23
clause (1), that exceeds ten percent of the preceding year's net revenue from student tuition,
53.24
fees, and other required institutional charges collected; or
53.25
(9) submission of closure information under section 136A.8225.
53.26
Sec. 44. Minnesota Statutes 2022, section 136A.829, is amended by adding a subdivision
53.27
to read:
53.28
Subd. 4. Effect. A private career school or its owners, officers, or sponsoring organization
53.29
is prohibited from applying for licensure under section 136A.822 within two years of the
53.30
effective date of a revocation or within two years from the last date of instruction if the
53.31
school closed prior to all students completing their courses and programs. A school applying
53.32
for licensure must:
53
Article 2 Sec. 44.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
54.1
(1) meet the requirements for licensure under section 136A.822;
54.2
(2) pay the licensure fees as a new school under section 136A.824, subdivision 1;
54.3
(3) correct any deficiencies that were identified in the revocation order or closed school
54.4
requests under section 136A.8225;
54.5
(4) pay any outstanding fines or penalties under section 136A.832; and
54.6
(5) pay any outstanding student refunds under section 136A.827.
54.7
Sec. 45. Minnesota Statutes 2023 Supplement, section 136A.833, subdivision 2, is amended
54.8
to read:
54.9
Subd. 2. Exemption reasons. Sections 136A.821 to 136A.832 shall not apply to the
54.10
following:
54.11
(1) public postsecondary institutions;
54.12
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
54.13
(3) postsecondary institutions exempt from registration under sections 136A.653,
54.14
subdivisions 1b, 2, 3, and 3a; 136A.657; and 136A.658;
54.15
(4) private career schools of nursing accredited by the state Board of Nursing or an
54.16
equivalent public board of another state or foreign country;
54.17
(5) (4) private schools complying with the requirements of section 120A.22, subdivision
54.18
4;
54.19
(6) (5) courses taught to students in an apprenticeship program registered by the United
54.20
States Department of Labor or Minnesota Department of Labor and taught by or required
54.21
by a trade union. A trade union is an organization of workers in the same skilled occupation
54.22
or related skilled occupations who act together to secure all members favorable wages,
54.23
hours, and other working conditions;
54.24
(7) (6) private career schools exclusively engaged in training physically or mentally
54.25
disabled persons for the state of Minnesota;
54.26
(8) (7) private career schools licensed or approved by boards authorized under Minnesota
54.27
law to issue licenses for training programs except private career schools required to obtain
54.28
a private career school license due to the use of "academy," "institute," "college," or
54.29
"university" in their names;
54.30
(9) (8) private career schools and educational programs, or training programs, contracted
54.31
for by persons, firms, corporations, government agencies, or associations, for the training
54
Article 2 Sec. 45.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
55.1
of their own employees, for which no fee is charged the employee, regardless of whether
55.2
that fee is reimbursed by the employer or third party after the employee successfully
55.3
completes the training;
55.4
(10) (9) private career schools engaged exclusively in the teaching of purely avocational,
55.5
recreational, or remedial subjects that are not advertised or maintained for vocational or
55.6
career advancement, including adult basic education, as determined by the office except
55.7
private career schools required to obtain a private career school license due to the use of
55.8
"academy," "institute," "college," or "university" in their names unless the private career
55.9
school used "academy" or "institute" in its name prior to August 1, 2008;
55.10
(11) (10) classes, courses, or programs conducted by a bona fide trade, professional, or
55.11
fraternal organization, solely for that organization's membership and not available to the
55.12
public. In making the determination that the organization is bona fide, the office may request
55.13
the school provide three certified letters from persons that qualify as evaluators under section
55.14
136A.828, subdivision 3, paragraph (l), that the organization is recognized in Minnesota;
55.15
(12) (11) programs in the fine arts provided by organizations exempt from taxation under
55.16
section 290.05 and registered with the attorney general under chapter 309. For the purposes
55.17
of this clause, "fine arts" means activities resulting in artistic creation or artistic performance
55.18
of works of the imagination which are engaged in for the primary purpose of creative
55.19
expression rather than commercial sale, vocational or career advancement, or employment.
55.20
In making this determination the office may seek the advice and recommendation of the
55.21
Minnesota Board of the Arts;
55.22
(13) (12) classes, courses, or programs intended to fulfill the continuing education
55.23
requirements for a bona fide licensure or certification in a profession, that have been approved
55.24
by a legislatively or judicially established board or agency responsible for regulating the
55.25
practice of the profession or by an industry-specific certification entity, and that are offered
55.26
exclusively to individuals with the professional licensure or certification. In making the
55.27
determination that the licensure or certification is bona fide, the office may request the
55.28
school provide three certified letters from persons that qualify as evaluators under section
55.29
136A.828, subdivision 3, paragraph (l), that the licensure and certification is recognized in
55.30
Minnesota;
55.31
(14) (13) review classes, courses, or programs intended to prepare students to sit for
55.32
undergraduate, graduate, postgraduate, or occupational licensing, certification, or entrance
55.33
examinations and does not include the instruction to prepare students for that license,
55.34
occupation, certification, or exam;
55
Article 2 Sec. 45.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
56.1
(15) (14) classes, courses, or programs providing 16 or fewer clock hours of instruction;
56.2
(16) (15) classes, courses, or programs providing instruction in personal development
56.3
that is not advertised or maintained for vocational or career advancement, modeling, or
56.4
acting;
56.5
(17) (16) private career schools with no physical presence in Minnesota, as determined
56.6
by the office, engaged exclusively in offering distance instruction that are located in and
56.7
regulated by other states or jurisdictions if the distance education instruction does not include
56.8
internships, externships, field placements, or clinical placements for residents of Minnesota;
56.9
and
56.10
(18) (17) private career schools providing exclusively training, instructional programs,
56.11
or courses where tuition, fees, and any other charges, regardless of payment or reimbursement
56.12
method, for a student to participate do not exceed $100.
56.13
Sec. 46. Minnesota Statutes 2023 Supplement, section 136F.38, subdivision 3, is amended
56.14
to read:
56.15
Subd. 3. Program eligibility. (a) Scholarships shall be awarded only to a student eligible
56.16
for resident tuition, as defined in section 135A.043, who is enrolled in any of the following
56.17
programs of study or certification: (1) advanced manufacturing; (2) agriculture; (3) health
56.18
care services; (4) information technology; (5) early childhood; (6) transportation; (7)
56.19
construction; (8) education; (9) public safety; (10) energy; or (10) (11) a program of study
56.20
under paragraph (b).
56.21
(b) Each institution may add one additional area of study or certification, based on a
56.22
workforce shortage for full-time employment requiring postsecondary education that is
56.23
unique to the institution's specific region, as reported in the most recent Department of
56.24
Employment and Economic Development job vacancy survey data for the economic
56.25
development region in which the institution is located. A workforce shortage area is one in
56.26
which the job vacancy rate for full-time employment in a specific occupation in a region is
56.27
higher than the state average vacancy rate for that same occupation. The institution may
56.28
change the area of study or certification based on new data once every two years.
56.29
(c) The student must be enrolled for at least nine credits in a two-year college in the
56.30
Minnesota State Colleges and Universities system to be eligible for first- and second-year
56.31
scholarships.
56
Article 2 Sec. 46.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
57.1
(d) The student is eligible for a one-year transfer scholarship if the student transfers from
57.2
a two-year college after two or more terms, and the student is enrolled for at least nine
57.3
credits in a four-year university in the Minnesota State Colleges and Universities system.
57.4
Sec. 47. [137.375] DISABLED VETERANS; UNIVERSITY OF MINNESOTA
57.5
LANDSCAPE ARBORETUM.
57.6
(a) For purposes of this section, "disabled veteran" means a veteran as defined in section
57.7
197.447 who is certified as disabled. "Certified as disabled" means certified in writing by
57.8
the United States Department of Veterans Affairs or the state commissioner of veterans
57.9
affairs as having a permanent service-connected disability.
57.10
(b) The University of Minnesota Landscape Arboretum is requested to provide a disabled
57.11
veteran unlimited access to the University of Minnesota Landscape Arboretum located in
57.12
the city of Chaska free of charge. The disabled veteran must provide a veteran photo
57.13
identification card with the term "service-connected" on the identification card, verifying
57.14
that the disabled veteran has a service-connected disability.
57.15
EFFECTIVE DATE. This section is effective the day following final enactment.
57.16
Sec. 48. REPEALER.
57.17
(a) Minnesota Statutes 2022, section 135A.16, is repealed.
57.18
(b) Minnesota Statutes 2023 Supplement, section 135A.162, subdivision 7, is repealed.
57.19
EFFECTIVE DATE. Paragraph (a) is effective January 1, 2025.
57
Article 2 Sec. 48.
REVISOR
JFK
H4024-3
HF4024 THIRD ENGROSSMENT
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.
135A.162 INCLUSIVE HIGHER EDUCATION GRANTS.
Subd. 7. Reporting. The director must evaluate the development and implementation of the
Minnesota inclusive higher education initiatives receiving a grant under this section. The director
must submit an annual report by October 1 on the progress to expand Minnesota inclusive higher
education options for students with intellectual disabilities to the commissioner and chairs and
ranking minority members of the legislative committees with jurisdiction over higher education
policy and finance. The report must include statutory and budget recommendations.
1R
APPENDIX
Repealed Minnesota Statutes: H4024-3