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S.F. No. 2023 - Modifying Certain Higher Education Policy Provisions
Author: Senator Paul T. Anderson
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 11, 2019


Sections 1, 17, and 25 (13.322, subd. 3, 136A.672, subd. 6, 136A.8295, subd. 7) amend the Data Practices Act and the higher education chapter of law, respectively, to make data collected from student complaints private data.

Sections 2 and 3 (136A.1275, subds. 2 and 3) amend the teacher candidate grant program to clarify how to determine intent to work in a shortage area and also clarify that a racial or ethnic group underrepresented is based on the Minnesota teacher workforce.  Section 3 also strikes unenforceable language and makes other clarifying changes.

Section 4 (136A.15, subd. 8) amends the definition of “eligible student” to consolidate into this subdivision language from a provision that is repealed in section 27 that defined the same term in this chapter.

Section 5 and sections 7 to 10 (136A.16, subds. 1, 5, 8, and 9, 136A.162) correct cross-references related to the SELF Refi program.

Section 6 (136A.16, subd. 2) amends existing rulemaking authority to allow the Office of Higher Education (OHE) to prescribe appropriate rules and conditions to carry out the purposes of the student loan program, and strikes references to a federal loan program that no longer exists.

Section 11 (136A.1701, subd. 7) adds language giving OHE the flexibility to determine repayment terms of loans and strikes prescriptive loan repayment terms.

Section 12 (136A.64, subd. 1) requires schools to provide to OHE information related to the school’s disclosure to students on the student complaint process.

Section 13 (136A.64, subd. 5) provides that all information submitted to OHE is public except for certain records, data, and reports specified in this section.  Allows OHE to disclose records to law enforcement or in connection with a legal or administrative proceeding, under certain circumstances.

Section 14 (136A.64, subd. 8) requires schools to disclose on the school’s website, and in the school’s student handbook and student catalog the student complaint process.

Sections 15 and 23 (136A.645, 136A.8225) modify the school closure procedures in order to improve student protections when institutions close.  When a school intends to close, announces closure, or is informed by the office that the office anticipates the school’s closure, the school must provide the office with the list of information and documents listed in this section. When a school has deemed to have ceased operations, the office shall provide the school a reasonable time to correct student records and grant credentials. After that time, the office must revoke the school’s registration or license, and the revocation is not appealable.

Section 16 (136A.646) requires new schools that are not yet accredited to provide a surety bond equal to ten percent of the net revenue from tuition and fees in the prior fiscal year, but not less than $10,000.

Section 18 (136A.821, subd. 18) defines the term “clock hour.”

Section 19 (136A.821, subd. 19) defines the term “student record” to specify what must be included in the transcript or record of a student.

Section 20 (136A.822, subd. 6) is a technical change; replacing the word “income” with “revenue.”

Section 21 (136A.822, subd. 10) requires that prior to issuing a license to a private career school, the school must provide OHE with a catalog, brochure, or electronic display that includes the student complaint process and rights.

Section 22 (136A.822, subd. 12) clarifies that private career schools shall maintain a permanent “student” record for each student.

Section 24 (136A.8295, subd. 6)  amends the student complaint process section of law to require schools to disclose on the school’s website and in the school’s handbook and student catalog the student complaint process under this section.

Section 26 (Laws 2017, chpt. 89, art. 1, sec. 2, subd. 29) amends a rider related to the emergency assistance for postsecondary students program by adding a cross-reference to institutions that are eligible for the state grant program, and by striking a sentence that prohibits emergency assistance from impacting state financial aid.

Section 27 repeals obsolete or duplicative laws.

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