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S.F. No. 5 - Higher Education Omnibus Bill (Division Report SS0005DIV)
 
Author: Senator Terri E. Bonoff
 
Prepared By:
 
Date: April 16, 2015



 

Article 1 - Higher Education Appropriations

Section 1, subdivision 1, summarizes appropriations by fund.

 Summary by Fund

  

2016

2017

Total

General

$1,527,906,000

$1,569,579,000

$3,097,485,000

Health Care Access

$2,157,000

$2,157,000

$4,314,000

Total

$1,530,063,000

$1,571,736,000

$3,101,799,000

 
Subdivision 2 summarizes appropriations by agency.
 

Summary by Agency - All Funds

  

2016

2017

Total

Minnesota Office of Higher Education

$248,773,000

$255,456,000

$504,229,000

Board of Trustees of the Minnesota State Colleges and Universities

$642,833,000

$662,823,000

$1,305,656,000

Board of Regents of the University of Minnesota 

$637,106,000

$652,106,000

$1,289,212,000

Mayo Medical Clinic

$1,351,000

$1,351,000

$2,702,000

       

Total

$1,530,063,000

$1,571,736,000

$3,101,799,000

 
Section 2 contains boiler plate language defining fiscal years.

Section 3, subdivision 1, appropriates $248,773,000 in fiscal year 2016 and $255,456,000 in fiscal year 2017 to the Office of Higher Education.

Subdivision 2 appropriates $186,213,000 in each year for the state grant program.  If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

Subdivision 3 appropriates $6,684,000 in each year for Child Care grants.

Subdivision 4 appropriates $14,502,000 in each year for the State Work-Study program.

Subdivision 5 appropriates $11,018,000 in each year for interstate tuition reciprocity.  If the appropriation for either year is insufficient, the appropriation for the other year is available to meet reciprocity agreement obligations.

Subdivision 6 appropriates $100,000 in each year for the Safety Officer’s Survivors program.  If the appropriation in this subdivision for either year is insufficient, the appropriation in the other year is available to meet program obligations.

Subdivision 7 appropriates $3,500,000 in each year for the American Indian Scholarship program.  This appropriation includes money to administer the program.

Subdivision 8 appropriates $150,000 in each year for Tribal College Grants.

Subdivision 9 appropriates $100,000 in each year for the High School-to-College Developmental Transition Grants

Subdivision 10 appropriates $671,000 in each year for the Intervention for College Attendance Program.  This appropriation includes money for administrative expenses.

Subdivision 11 appropriates $122,000 in each year for Student-Parent Information.

Subdivision 12 appropriates $180,000 in each year for the Get Ready program.

Subdivision 13 appropriates $45,000 in each year for the Minnesota Minority Partnership.

Subdivision 14 appropriates $467,000 in each year for the United Family Medicine Residency program.  This appropriation shall be used to support up to 21 resident physicians each year in family practice at United Family Medicine residency programs and shall prepare doctors to practice family care medicine in underserved rural and urban areas of the state. It is intended that this program will improve health care in underserved communities, provide affordable access to appropriate medical care, and manage the treatment of patients in a cost-effective manner.

Subdivision 15 appropriates $5,905,000 in each year for the MnLINK Gateway and Minitex.

Subdivision 16 appropriates $882,000 in each year for the Statewide Longitudinal Education Data System

Subdivision 17 appropriates $645,000 in each year for transfer to the Hennepin County Medical Center for graduate family medical education.

Subdivision 18 appropriates $9,107,000 in fiscal year 2016 and $15,253,000 in fiscal year 2017 for the MnSCU Two-Year Public College program under Minnesota Statutes, section 136A.1212.  Money appropriated provides grants to students who enroll in specified vocational programs and funds mentoring activities.

Subdivision 19 appropriates $1,000,000 in each year for College Possible.

Subdivision 20 appropriates $500,000 in fiscal year 2016 for the Large Animal Veterinarian Loan Forgiveness program under Minnesota Statutes, section 136A.1795.  This is a onetime appropriation.

Subdivision 21 appropriates $1,000,000 in each year for the Spinal Cord Injury and Traumatic Brain Injury Research Grant program under Minnesota Statutes, section 136A.901.

Subdivision 22 appropriates $500,000 in each year for the Summer Academic Enrichment program under Minnesota Statutes, section 136A.091.

Subdivision 23 appropriates $50,000 in each year for the Young Farmers Summer Seminar and Practicum program under Minnesota Statutes, section 136A.1285.

Subdivision 24 appropriates $50,000 in each year for the Washington Center Internship Program Scholarships.

Subdivision 25 appropriates $1,000,000 in fiscal year 2016 and $2,000,000 in fiscal year 2017 for the Dual Training Competency Grants under Minnesota Statutes, section 136A.43.

Subdivision 26 appropriates $250,000 in each year, to be transferred to the Commissioner of Labor and Industry, to identify competency standards for dual training.

Subdivision 27 appropriates $1,115,000 in each year for the development of concurrent enrollment courses, and expansion of existing programs.

Subdivision 28 appropriates $300,000 in each year for the Student Loan Debt Counseling program under article 15.

Subdivision 29 appropriates $25,000 in each year for sexual violence and harassment reporting requirements cited in article 4.

Subdivision 30 appropriates $50,000 in each year for the institutional information disclosure required in Minnesota Statutes, section 136A.121, subdivision 20.

Subdivision 31 appropriates $2,642,000 in fiscal year 2016 and $2,679,000 in fiscal year 2017 for Agency Administration.  Of this amount, $115,000 in each year is or the Midwest Higher Education Compact.

Subdivision 32 states that a balance in the first year under this section does not cancel, but is available in the second year.

Subdivision 33 authorizes the transfer of unencumbered balances in this section to the state grant appropriation, the interstate tuition reciprocity appropriation, the child care grant appropriation, the Indian scholarship appropriation, the state work-study appropriation, the get ready appropriation, and the public safety officers' survivors appropriation. Transfers from the child care or state work-study appropriations may only be made to the extent there is a projected surplus in the appropriation. A transfer may be made only with prior written notice to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over higher education finance.

Section 4, subdivision 1, appropriates $642,833,000 in fiscal year 2016 and $662,823,000 in fiscal year 2017 to MnSCU.

Subdivision 2 appropriates $33,074,000 in each year for the Central Office and Shared Services Unit.

Subdivision 3 appropriates: $605,644,000 in fiscal year 2016 and $625,634,000 in fiscal year 2017 for Operations and Maintenance.

Of the amount appropriated in this subdivision:

  • $19,450,000 in fiscal year 2016 and $39,265,000 in fiscal year 2017 are to minimize any increase in a student’s cost of attendance and other cited activities.
  • $125,000 in fiscal year 2016 and $125,000 in fiscal year 2017 are for activities related to the implementation of new transfer pathways.
  • $100,000 in fiscal year 2016 and $100,000 in fiscal year 2017 are for developing and teaching online agriculture courses by farm business management faculty at colleges that offer farm business management.
  • $500,000 in fiscal year 2016 and $500,000 in fiscal year 2017 are to create and develop a teacher preparation program leading to licensure in agricultural education at Southwest Minnesota State University.
  • $50,000 in fiscal year 2016 and $50,000 in fiscal year 2017 are to implement a program to assist foreign-born students and groups underrepresented in nursing to succeed in postsecondary nursing programs.
  • $100,000 in fiscal year 2016 is appropriated for an internship program operated by the Institute for Community Engagement and Scholarship at Metropolitan State University.  This is a onetime appropriation.
  • $150,000 in fiscal year 2016 and $600,000 in fiscal year 2017 are to establish a veterans-to-agriculture pilot program at South Central College, North Mankato campus.
  • $175,000 in fiscal year 2016 is appropriated to award up to two pilot grants to system institutions with a Board of Teaching approved teacher preparation program to provide a school year-long student teaching program.  This is a onetime appropriation.
  • $40,000 in fiscal year 2016 and $40,000 in fiscal year 2017 are for activities related to sexual harassment and violence reporting requirements cited in article 4.

Five percent of the fiscal year 2017 appropriation specified in this subdivision is available according to the schedule in clauses (1) to (5) in fiscal year 2017 when the Board of Trustees of the Minnesota State Colleges and Universities demonstrates to the commissioner of management and budget that the board has met the enumerated  legislatively specified performance goals.

Performance metrics are intended to facilitate progress towards the attainment of postsecondary education goals in Minnesota Statutes, section 135A.012.

Subdivision 4 appropriates $4,115,000 in each year for the Learning Network of Minnesota.

Section 5, subdivision 1, appropriates $637,106,000 in fiscal year 2016 and $652,106,000 in fiscal year 2017 to the Board of Regents of the University of Minnesota and specifies appropriations by fund.

Subdivision 2 appropriates $568,011,000 in fiscal year 2016 and $583,011,000 in fiscal year 2017 for Operations and Maintenance. 

Of the amount appropriated in this subdivision:

  • $30,000,000 in each year is to minimize any increase in a student’s cost of attendance and other cited activities.
  • $5,000,000 in fiscal year 2016 and $20,000,000 in fiscal year 2017 are to enhance programs delineated at the medical school.

Five percent of the fiscal year 2017 appropriation specified in this subdivision is available according to the schedule in clauses (1) to (5) in fiscal year 2017 when the Board of Regents of the University of Minnesota demonstrates to the commissioner of management and budget that the board has met the legislatively-specified performance goals.  Performance metrics are intended to facilitate progress toward the attainment of postsecondary education goals in Minnesota Statutes, section 135A.12.

Subdivision 3 appropriates $2,157,000 from the health care access fund, in each year, for Primary Care Education Initiatives.

Subdivision 4 appropriates:

(a) $42,922,000 in each year for Agriculture and Extension Services.

(b) $9,204,000 in each for Health Sciences.  $346,000 each year is to support up to 12 resident physicians in the St. Cloud Hospital family practice residency program. The program must prepare doctors to practice primary care medicine in rural areas of the state. The legislature intends this program to improve health care in rural communities, provide affordable access to appropriate medical care, and manage the treatment of patients in a more cost-effective manner.  The remainder of this appropriation is for the rural physicians associates program; the Veterinary Diagnostic Laboratory; health sciences research; dental care; the Biomedical Engineering Center; and the collaborative relationship between the University of Minnesota and Mayo for regenerative medicine, research, clinical translation, and commercialization.

(c) $1,140,000 in each year for the Institute of Technology.

(d) $5,181,000 in each year for System Specials, including general research, the Labor Education Service, Natural Resources Research Institute, Center for Urban and Regional Affairs, Bell Museum of Natural History, and the Humphrey exhibit.

(e) $8,491,000 in each year for the University of Minnesota and Mayo Foundation Partnership.   Of this amount:

(1) $7,491,000 in each year is for the University of Minnesota and Mayo Foundation Partnership.  This appropriation is for the direct in indirect expenses of the collaborative research partnership between the University of Minnesota and the Mayo Foundation for research in biotechnology and medical genomics.  This appropriation is available until expended. An annual report on the expenditure of these funds must be submitted to the Governor and the chairs of the legislative committees responsible for higher education finance by June 30 of each year; and

(2) $1,000,000 in each year is for grants to conduct research into the prevention, treatment, causes, and cures of Alzheimer’s disease and other dementias.

Subdivision 5 estimates that the appropriation for the Academic Health Center from the proceeds of the cigarette tax, is estimated to be $22,250,000.

Section 6, subdivision 1, appropriates $1,351,000 in each year to the Mayo Medical Foundation.

Subdivision 2 appropriates $665,000 in each year to the Mayo Medical School to support the education of medical students who are Minnesota residents.

Subdivision 3 appropriates $686,000 in each year to support the Family Practice and Graduate Residency program.

Article 2 - Office of Higher Education

Section 1 removes obsolete language.

Section 2 exempts the Office of Higher Education from e-verify requirements.

Section 3 authorizes the Office of Higher Education to utilize incentive gifts, not to exceed $10,000 annually, to promote programs administered by the office.

Section 4 authorizes a student’s eligibility for a child care grant if the applicant’s spouse is a resident of the state.

Sections 5 and 6 make changes in the child care grant program to facilitate distribution of the funds.

Section 7 authorizes the Office of Higher Education to determine, annually, the cumulative borrowing maximums for the SELF loan program.  In determining the cumulative borrowing maximums, the office shall, among other considerations, take into consideration the maximum SELF loan amount, student financing needs, funding capacity for the SELF program, delinquency and default loss management, and current financial market conditions.

Section 8 provides for balancing Interventive for College Attendance program grant awards between metro and Non-metro communities.

Section 9 repeals rules that have been codified.

Article 3 - MnSCU Presidential Selection Process

Section 1 states that, to the extent practicable, in balancing statewide interests with local needs, the board shall provide autonomy to the campuses and consult with campus presidents.

Section 2 establishes a process for recruiting and appointing campus presidents.

Section 3 establishes a process for convening a local presidential advisory committee to make recommendations to the board to fill presidential vacancies.

Section 4 requires a report.

Article 4 - Campus Sexual Assaults

Section 1 includes a cross-reference in the Data Practices Act to the new data classification in the bill.

Section 2 expands requirements governing higher education institution policies on sexual harassment and sexual violence.

Section 3 makes the new requirements in the bill applicable to certain private institutions.

Section 4 amends victim rights provisions. Included are requirements that a policy must allow sexual assault victims to decide whether to refer a case to law enforcement; protect the privacy of victims; provide for health care or counseling services; prevent authorities from suggesting that the victim was at fault or could have behaved in a different manner; forbid retaliation and establish a process for investigating complaints of retaliation; and, consistent with laws governing access to student records, provide a student reporting a sexual assault with access to the student’s description of the incident. A definition of "sexual assault" is included.

Section 5 requires higher education institutions to include a provision in their policy that no student who reports, in good faith, sexual harassment or violence will be sanctioned for admitting to a violation of a policy on the personal use of drugs or alcohol as part of the report.

Section 6 requires higher education institutions to enter into a memorandum of understanding with the primary local law enforcement agency that serves the campus. Contents of the memorandum are specified. A campus would be exempt from this requirement if it establishes a sexual assault protocol team with local law enforcement to facilitate cooperation and collaboration.

Section 7 requires higher education institutions to provide an online reporting system to receive complaints of sexual harassment and sexual violence from students and employees. The system must permit anonymous reports. Data collected as part of the system are classified as private data on individuals.

Section 8 requires higher education institutions to prepare annual reports with statistics on sexual assault. Items that must be included in the report are specified. The Office of Higher Education must publish statewide data collected under these provisions and include specified data items for each institution. Reports and data required under this section must be prepared and published as summary data. If an institution or the Office of Higher Education is unable to publish data because of laws governing access to student records, it must explain in its report why the data were not published.

Section 9 provides that data on incidents of sexual assault shared with campus security officers or administrators are private data on individuals for postsecondary institutions that are subject to chapter 13. Other institutions must limit access to the data to the subject and persons whose work assignments reasonably require access. Only individuals with explicit authorization may enter, update, or access electronic data and access must be limited pursuant to protocols, audit trails, and other requirements. If an individual is determined to have willfully entered, updated, accessed, shared, or disseminated data in violation of these requirements or chapter 13, the institution must immediately and permanently revoke the authorization of the individual. If there is willful access to data without explicit authorization, the matter must be forwarded to the county attorney for prosecution.

Section 10 requires higher education institutions to provide comprehensive training for investigating or adjudicating complaints of sexual assault.

Section 11 requires higher education institutions to develop and implement a policy that requires student health service providers to screen students for incidents of sexual assault and to provide information on resources available to victims. Each institution offering student health or counseling services must designate a staff member as a confidential resource for victims of sexual assault. Data shared with a confidential resource are classified as sexual assault communication data under section 13.822, subdivision 1. This policy must be in place by January 1, 2017.

Section 12 clarifies that nothing in law governing the sexual harassment and sexual violence policies and procedures exempts mandatory reporters from the laws governing the reporting of maltreatment of minors or vulnerable adults.

Section 13 requires local law enforcement agencies to cooperate and enter into and honor the memoranda of understanding required under the law.

Section 14 contains an August 1, 2016, effective date.

Article 5 - MnSCU Timely Completion of Programs

Section 1, subdivision 1, directs the MnSCU Board of Trustees to have a system goal of the timely completion of degrees or certificates and to monitor and adopt strategies that facilitate completion.

Subdivision 2 lists strategies to be considered to facilitate timely completion.

Subdivision 3 contains definitions and delineates information and materials that must be provided to students following a student’s completion of placement tests.  Directs the board to provide various instructional programming, advising, and information to students.

Subdivision 4 requires a report.

Article 6 - MnSCU College Tuition Relief

Establishes a vocational program student tuition assistance program at MnSCU two-year institutions. 

Section 1 contains the definitions of terms, delineates assorted administrative procedures necessary to implement the program, and requires a report.  This program will provide grants and mentoring activities to students enrolling in specified programs at MnSCU two-year colleges.

Article 7 - Dual Training Competency Grants

Section 1, subdivision 1, establishes a program to award grants for the training of employees to achieve the competency standard for an occupation identified by the Commissioner of Labor and Industry.

Subdivisions 2 through 4 specify eligibility criteria for receipt of the grant and specify certain requirements for the application process.

Subdivision 5 delineates criteria to consider in determining grant awards.

Subdivisions 6 and 7 require an employer match and provide for the payment of the grant.

Subdivision 8 specifies limits on grant awards.

Subdivision 9 requires a report.

Section 2, subdivision 1, directs the Commissioner of Labor and Industry to identify competency standards for dual training.

Subdivision 2 contains definitions.

Subdivision 3 delineates a process to identify competency standards and states that the standards should, to the extent possible, be consistent with recognized and international and national standards.

Subdivisions 4 and 5 delineate certain responsibilities of the Commissioner of Labor and Industry, and requires the commissioner to communicate identified competency standards to the Commissioner of Higher Education.

Article 8 - Study Abroad

Sections 1 and 2 clarify language pertaining to reporting requirements for study abroad programs.

Article 9 - Research Dogs and Cats

Section 1 removes a sunset date.

Article 10 - Concurrent Enrollment

Section 1 delineates requirements for the reporting of National Alliance of Concurrent Enrollment Partnership (NACEP) evaluative survey results, and reporting annual survey requirements for postsecondary institutions that have not adopted and implemented NACEP program standards.

Section 2 establishes a Concurrent Enrollment Advisory Board and specifies membership.

Section 3 requires postsecondary institutions providing concurrent enrollment programs to adopt and implement NACEP program standards by the 2020-2021 school year and later.

Section 4 provides for the appointment of board members.

Article 11 - Attainment Goals

Section 1 delineates postsecondary education attainment goals for Minnesota residents, provides for data development and analysis, and requires a report.

Section 2 provides guidelines on the information to be included in the initial report.

Article 12 - Human Subject Research; University of Minnesota

Section 1 requires the Board of Regents of the University of Minnesota to report monthly, commencing July 1, 2015, to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance on progress in developing and implementing a plan to conduct human subject research at the university.

Article 13 - Summer Academic Enrichment

Section 1, subdivision 1 establishes the summer academic enrichment program to enable students in grades 3 to 12 to attend academic summer programs sponsored by postsecondary institutions and nonprofit organizations.

Subdivision 2 lists eligibility criteria.

Subdivision 3 specifies that “financial need” for the purposes of this program is based on student eligibility for free or reduced-price school meals. Student eligibility shall be verified by sponsors of approved academic programs. The office shall award stipends for students within the limits of the appropriation. If the amount appropriated is insufficient, the office shall allocate the available appropriation in the manner it determines. A stipend must not exceed $1,000 per student.

Subdivision 4 specifies that a program stipend may be used only at an eligible postsecondary institution or nonprofit educational organization.

Subdivision 5 directs the office to assemble and distribute information about eligible student participants, program stipends, and eligible programs.

Subdivision 6 directs the office to determine the time and manner of program applications, program approval, stipend applications, and final awards.

Subdivision 7 requires each program sponsor to annually submit a report to the office stating its program goals, activities, and stipend recipient eligibility and demographic information.

Subdivision 8 requires the office to annually submit a report to the legislative committees with jurisdiction over higher education finance regarding the program providers, stipend recipients, and program activities. The report shall include information about the students served, the organizations providing services, program goals and outcomes, and student outcomes.

Subdivision 8 is effective January 1, 2016.

Article 14 - Young Farmer Summer Program

Section 1, subdivision 1, establishes a young farmer summer seminar and practicum program.

Subdivision 2 requires program participants to complete at least two days per week, on average, of coursework in animal science, soil science, ecology, environmental science, horticulture, plant biology, and political science, and must complete an internship at a participating farm.

Subdivisions 3 and 4 provide program implementation information.

Subdivision 5 requires annual reporting to the committees of the legislature with jurisdiction over higher education.

Section 2 specifies program participants not eligible to receive minimum wage or overtime.

Article 15 - Student Loan Debt Counseling Pilot

Section 1, subdivision 1 establishes a student loan debt repayment counseling program for students meeting specified criteria.

Subdivision 2 defines a “qualified debt counseling organization.”

Subdivision 3 lists information to be included in the grant application.

Subdivision 4 directs the commissioner of the Office of Higher Education to select one grant recipient.

Subdivisions 5 and 6 require reports.

Article 16 - Spinal Cord and Brain Injury Grant Program

Section 1, subdivision 1, establishes a spinal cord and traumatic brain injury research grant program.

Subdivision 2 describes the small business grant and loan programs available under this program.

Subdivision 3 requires a report.

Section 2, subdivision 1 establishes an advisory council and lists the advisory council members.

Subdivision 2 states that the advisory council shall be organized and administered under section 15.069, except that subdivision 2 shall not apply, and except as provided in subdivision 4, the commissioner shall appoint members to two-year terms, and appoint one member as chair.

Subdivision 3 directs the commissioner to appoint the first members by September 1, 2015, with the first meeting by November 1, 2015.

Subdivision 4 directs the commissioner to designate six of the initial council members to serve one-year terms and six to serve six two-year terms.

Subdivision 5 specifies that members must disclose in a written statement any financial interest in any organization the council recommends to receive a grant, and must explain the nature of the conflict.

Subdivision 6 lists the duties of the council.

Article 17 - State Residency Grant for Veterans

Section 1 adds an active member of the state’s National Guard who resides in this state, or an active member of the reserve component of the U.S. armed forces whose duty station is located in this state and who resides in this state, as individuals eligible to receive state financial aid.

Article 18 - State Grant Award Parameters

Section 1 changes the assigned family responsibility for dependent students from 96 percent of the parental contribution to 95 percent of the parental contribution; for independent students with dependents other than spouse, the assigned family responsibility is reduced from 86 to 70 percent of the student contribution; and for independent students without dependents other than a spouse, the assigned family responsibility is reduced from 50 to 34 percent of the student contribution.

Section 2 specifies that (a) for the biennium ending June 30, 2017, the tuition maximum is $13,626 each fiscal year for students in four-year programs, and $5,808 each fiscal year for students in two-year programs. (b) for the biennium ending June 30, 2017, the living and miscellaneous expense allowance is set at $8,828 for fiscal year 2016 and $8,904 for fiscal year 2017.

Article 19 - MnSCU Baccalaureate Degree Pathway

Section 1, subdivision 1, directs the board of Trustees of MnSCU to implement new transfer pathways for associate of arts degrees, associate of science degrees, and associate of fine arts degrees that will lead to baccalaureate degree programs.

Subdivision 2 encourages the board, in consultation with system constituency groups, to create a plan to enhance or develop new bachelor of applied science degree programs.

Subdivision 3 directs the board to report to the chairs and ranking minority members of the committees with jurisdiction over higher education by March 15, 2016, on the status of their activities on this issue.

 

Article 20 - Providing Students Information About Institutions

Section 1 directs the Office of Higher Education to place specified information on a prominent link on its Web site home page, and provide an electronic copy of the information to each public and private high school in the state and each workforce center operated by DEED.

Article 21 - TCF Stadium

Section 1 authorizes the refinancing of the TCF Stadium bonds and specifies terms that must be met in the refinancing process, including that the Board of Regents allocate sufficient funds from the savings realized through the refunding of the bonds to provide $10,000,000 for predesign and design of improved health education and clinical research facilities to meet the needs of the Medical School and Academic Health Center.  The education and research facilities will be collocated and designed to maximize collaboration and high-quality delivery of health care.  The board may, in its discretion, after the $10,000,000 allocation required, allocate to other university purposes payments from the state that exceed the amount necessary to service the refunded bonds.

 
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