1.1 A bill for an act 1.2 relating to higher education; making policy and technical changes to certain higher 1.3 education provisions including sexual misconduct grievance procedures, student 1.4 aid, and institutional grants; requiring reports; amending Minnesota Statutes 2024, 1.5 sections 135A.15, subdivision 2a; 135A.1582; 136A.246, subdivisions 1a, 3; 1.6 136A.87; 136A.901, subdivision 1; proposing coding for new law in Minnesota 1.7 Statutes, chapter 136A; repealing Minnesota Statutes 2024, sections 5.41, 1.8 subdivision 2; 136A.057; 136A.1251, subdivision 5; 136A.1788, subdivision 5; 1.9 136A.1791, subdivision 9; 136A.246, subdivision 9; 136A.861, subdivision 7; 1.10 136A.901, subdivision 2; 136A.91, subdivision 3; Minnesota Rules, part 4850.0014, 1.11 subparts 1, 2. 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2024, section 135A.15, subdivision 2a, is amended to read: 1.14 Subd. 2a.Campus investigation and disciplinary hearing procedures sexual 1.15misconduct grievance procedures.(a) A postsecondary institution must provide a reporting 1.16party an opportunity for an impartial, timely, and thorough investigation of a report of sexual 1.17misconduct against a student. If an investigation reveals that sexual misconduct has occurred, 1.18the institution must take prompt and effective steps reasonably calculated to end the sexual 1.19misconduct, prevent its recurrence, and, as appropriate, remedy its effects. 1.20 (b) An institution must offer and coordinate academic and residential supportive measures 1.21as needed and equitably to both the reporting and responding parties participating in a 1.22campus sexual misconduct grievance process, including but not limited to exam or assignment 1.23extensions, permitted class absence, a change in on-campus residence, and schedule changes. 1.24 (c) An institution must allow the reporting and responding parties to present and review 1.25relevant evidence. Testimony by the parties and witnesses must be compiled in an 1.26investigative report. 1Section 1. REVISOR EB/DG 25-0054203/06/25 State of Minnesota This Document can be made available in alternative formats upon request HOUSE OF REPRESENTATIVES H. F. No. 2312 NINETY-FOURTH SESSION Authored by Rarick and Wolgamott03/13/2025 The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy 2.1 (b) (d) Throughout any investigation or disciplinary proceeding, a postsecondary an 2.2institution must treat the reporting parties, responding parties, witnesses, and other 2.3participants in the proceeding with dignity and respect. 2.4 (c) (e) If a postsecondary an institution conducts a hearing, an advisor the reporting and 2.5responding party may provide opening and closing remarks, or the party's advisor may 2.6provide opening or closing remarks on behalf of a the party or assist with formulating 2.7questions to the other party or witnesses about related evidence or credibility. 2.8 (f) An institution must allow equal opportunity during the hearing for the reporting and 2.9responding party to consult an additional support person other than the advisor, such as an 2.10advocate, if requested and deemed appropriate by the Title IX coordinator. 2.11 (g) The reporting and responding party must be given equal opportunity to question the 2.12credibility of the other party and witnesses through a live hearing or questioning by a 2.13decision-maker, pursuant to paragraph (i). 2.14 (h) If an institution allows for cross-examination of witnesses and parties, the reporting 2.15party and the responding party are not permitted to personally cross-examine each other or 2.16any witnesses. Any cross-examination must be performed by the party's advisor or an 2.17adjudicator of the campus disciplinary proceeding. 2.18 (i) An institution must appoint a decision-maker or panel of decision-makers who are 2.19not the investigator to assess the credibility of the reporting party, the responding party, and 2.20any other witness through a live hearing or direct questioning. 2.21 (j) If the facts and circumstances rise to a policy violation, an institution must proceed 2.22with the campus sexual misconduct grievance process concurrently with a criminal 2.23investigation if requested by the reporting party. 2.24 (k) Personal information of the reporting party such as character witness or sexual 2.25behavior of the reporting party is allowable if it is deemed relevant by the decision-maker 2.26and if it substantiates that the misconduct may have occurred. Mental health and medical 2.27information of the reporting party may be considered if: (1) a release is signed by the 2.28reporting party; and (2) nonrelevant information is redacted. If a responding party is found 2.29responsible, medical and mental health information of the reporting party may be considered 2.30to determine sanctions. 2.31 (l) Questions and evidence about the reporting party's sexual predisposition or prior 2.32sexual behavior are not considered relevant, unless such questions and evidence: (1) are 2.33offered to prove that someone other than the responding party committed the alleged conduct; 2Section 1. REVISOR EB/DG 25-0054203/06/25 3.1or (2) concern specific incidents of the reporting party's prior sexual behavior with respect 3.2to the responding party and are offered to prove consent. 3.3 (m) The responding and reporting parties may discuss the investigation and disciplinary 3.4proceedings with their advisor of choice, parents, or an authorized legal guardian. 3.5 (n) An institution must use the preponderance of the evidence standard of proof if an 3.6allegation involves a student. 3.7 (o) An institution must deliver the outcome of the grievance process simultaneously to 3.8the reporting and responding parties. 3.9 (p) An institution must inform the reporting and responding parties no later than 24 3.10hours before a decision is rendered regarding the timeline of the outcome's release. Alongside 3.11the notice of the outcome, an institution must offer community mental health and, if 3.12applicable, on-campus resources equitably to a reporting and responding party. The outcome 3.13must not be delivered to a reporting or responding party at the end of the day or on a weekend 3.14or holiday to ensure that the reporting and responding parties may access supportive services. 3.15 (q) Institutions must have a policy prohibiting retaliation that specifies what constitutes 3.16retaliation and possible actions for students and employees if retaliation occurs. Retaliation 3.17against the reporting party, responding party, or witness resulting from a person's participation 3.18in a campus sexual misconduct investigation is prohibited. 3.19 EFFECTIVE DATE.This section is effective January 1, 2026. 3.20 Sec. 2. Minnesota Statutes 2024, section 135A.1582, is amended to read: 3.21 135A.1582 PROTECTIONS FOR PREGNANT AND PARENTING STUDENTS. 3.22 Subdivision 1.Definition Definitions.(a) For the purpose of this section, the following 3.23term has terms have the meaning meanings given. 3.24 (b) "Parenting student" means a student enrolled at a public college or university who 3.25is the parent or legal guardian of or can claim as a dependent a child under the age of 18. 3.26 (c) "Pregnancy or related conditions" means: (1) pregnancy, childbirth, termination of 3.27pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination 3.28of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of 3.29pregnancy, lactation, or related medical conditions. 3.30 (d) "Postsecondary institution" means an institution governed by the Board of Trustees 3.31of the Minnesota State Colleges and Universities or a private postsecondary institution that 3.32offers in-person courses on a campus located in Minnesota and that is an eligible institution 3Sec. 2. REVISOR EB/DG 25-0054203/06/25 4.1as defined in section 136A.103. Institutions governed by the Board of Regents of the 4.2University of Minnesota are requested to comply with this section. 4.3 Subd. 2.Rights and protections.(a) A Minnesota state college or university 4.4postsecondary institution may not require and the University of Minnesota is requested not 4.5to require a pregnant or parenting student, solely because of the student's status as a pregnant 4.6or parenting student or due to issues related to the student's pregnancy or parenting, to: 4.7 (1) take a leave of absence or withdraw from the student's degree or certificate program; 4.8 (2) limit the student's studies; 4.9 (3) participate in an alternative program; 4.10 (4) change the student's major, degree, or certificate program; or 4.11 (5) refrain from joining or cease participating in any course, activity, or program at the 4.12college or university. 4.13 (b) A Minnesota state college or university postsecondary institution shall provide and 4.14the University of Minnesota is requested to provide reasonable modifications to a pregnant 4.15student, including modifications that: 4.16 (1) would be provided to a student with a temporary medical condition; or 4.17 (2) are related to the health and safety of the student and the student's unborn child, such 4.18as allowing the student to maintain a safe distance from substances, areas, and activities 4.19known to be hazardous to pregnant women or unborn children. 4.20 (c) A Minnesota state college or university postsecondary institution must and the 4.21University of Minnesota is requested to, for reasons related to a student's pregnancy, 4.22childbirth, or any resulting medical status or condition: 4.23 (1) excuse the student's absence; 4.24 (2) allow the student to make up missed assignments or assessments; 4.25 (3) allow the student additional time to complete assignments in the same manner as the 4.26institution allows for a student with a temporary medical condition; and 4.27 (4) provide the student with access to instructional materials and video recordings of 4.28lectures for classes for which the student has an excused absence under this section to the 4.29same extent that instructional materials and video recordings of lectures are made available 4.30to any other student with an excused absence. 4Sec. 2. REVISOR EB/DG 25-0054203/06/25 5.1 (d) A Minnesota state college or university postsecondary institution must and the 5.2University of Minnesota is requested to allow a pregnant or parenting student to: 5.3 (1) take a leave of absence; and 5.4 (2) if in good academic standing at the time the student takes a leave of absence, return 5.5to the student's degree or certificate program in good academic standing without being 5.6required to reapply for admission. 5.7 (e) If a public college or university postsecondary institution provides early registration 5.8for courses or programs at the institution for any group of students, the Minnesota state 5.9college or university institution must provide and the University of Minnesota is requested 5.10to provide early registration for those courses or programs for pregnant or parenting students 5.11in the same manner. 5.12 Subd. 3.Policy on discrimination.Each Minnesota state college or university 5.13postsecondary institution must adopt and the University of Minnesota is requested to adopt 5.14a policy for students on pregnancy and parenting discrimination. The policy must: 5.15 (1) include the contact information of the Title IX coordinator who is the designated 5.16point of contact for a student requesting each protection or modification under this section. 5.17Contact information must include the Title IX coordinator's name, phone number, email, 5.18and office; 5.19 (2) be posted in an easily accessible, straightforward format on the college or university's 5.20website; and 5.21 (3) be made available annually to faculty, staff, and employees of the college or 5.22university. 5.23 Subd. 4.Administration.The commissioner of the Office of Higher Education must, 5.24in consultation with the Board of Trustees of the Minnesota State Colleges and Universities 5.25and, the Board of Regents of the University of Minnesota, and other relevant stakeholders, 5.26establish guidelines, as necessary, to administer this section. The guidelines must establish 5.27minimum periods for which a pregnant or parenting student must be given a leave of absence 5.28under subdivision 2, paragraph (d). In establishing the minimum periods, the Office of 5.29Higher Education shall consider the maximum amount of time a student may be absent 5.30without significantly interfering with the student's ability to complete the student's degree 5.31or certificate program. 5Sec. 2. REVISOR EB/DG 25-0054203/06/25 6.1 Sec. 3. [136A.054] CONSOLIDATED COMPETITIVE GRANT AND STUDENT 6.2LOAN REPAYMENT PROGRAM REPORTING. 6.3 (a) The commissioner of the Office of Higher Education shall report annually by February 6.415, to the chairs and ranking minority members of the legislative committees with jurisdiction 6.5over higher education, on the details of programs administered under sections 135A.137, 6.6136A.1251, 136A.1788, 136A.1789, 136A.1791, 136A.1794, 136A.1795, 136A.246, 6.7136A.861, 136A.901, and 136A.91 including the following, where applicable: 6.8 (1) organizations receiving grant awards; 6.9 (2) grant award amounts and utilization rates; 6.10 (3) grant program activities, goals, and outcomes; 6.11 (4) grant matching sources and funding levels; 6.12 (5) number and amount of loan repayment awards disbursed; and 6.13 (6) demographic data of loan repayment program participants. 6.14 (b) The commissioner must report any additional data and outcomes relevant to the 6.15evaluation of programs administered under sections 135A.137, 136A.1251, 136A.1788, 6.16136A.1789, 136A.1791, 136A.1794, 136A.1795, 136A.246, 136A.861, 136A.901, and 6.17136A.91 as evidenced by activities funded under each program. 6.18 Sec. 4. Minnesota Statutes 2024, section 136A.246, subdivision 1a, is amended to read: 6.19 Subd. 1a.Definitions.(a) The terms defined in this subdivision apply to this section. 6.20 (b) "Competency standard" has the meaning given in section 175.45, subdivision 2. 6.21 (c) "Eligible training" means training provided by an eligible training provider that: 6.22 (1) includes training to meet one or more identified competency standards; 6.23 (2) is instructor-led for a majority of the training; and 6.24 (3) results in the employee receiving an industry-recognized accredited degree, certificate, 6.25or credential. 6.26 (d) "Eligible training provider" means an institution: 6.27 (1) operated by the Board of Trustees of the Minnesota State Colleges and Universities 6.28or the Board of Regents of the University of Minnesota; 6.29 (2) licensed or registered as a postsecondary institution by the office; or 6Sec. 4. REVISOR EB/DG 25-0054203/06/25 7.1 (3) exempt from the provisions of section 136A.822 to 136A.834 or 136A.61 to 136A.71 7.2as approved by the office. 7.3 (e) "Industry-recognized accredited degrees, certificates, or credentials" means: 7.4 (1) certificates, diplomas, or degrees issued by a postsecondary institution; 7.5 (2) registered apprenticeship certifications or certificates; 7.6 (3) occupational licenses or registrations; 7.7 (4) certifications issued by, or recognized by, industry or professional associations; and 7.8 (5) other certifications as approved by the commissioner. 7.9 Sec. 5. Minnesota Statutes 2024, section 136A.246, subdivision 3, is amended to read: 7.10 Subd. 3.Eligible training provider.The Office of Higher Education and the Department 7.11of Labor and Industry must cooperate in maintaining an inventory of accredited degree, 7.12certificate, and credential programs that provide training to meet competency standards. 7.13The inventory must be posted on each agency's website with contact information for each 7.14program. The postings must be updated periodically. 7.15 Sec. 6. Minnesota Statutes 2024, section 136A.87, is amended to read: 7.16 136A.87 PLANNING INFORMATION FOR POSTSECONDAR Y EDUCATION. 7.17 (a) The office shall make available to all residents beginning in 7th grade through 7.18adulthood information about planning and preparing for postsecondary opportunities. 7.19Information must be provided to all 7th grade students and their parents annually by 7.20September 30 about planning for their postsecondary education. The office may also provide 7.21information to high school students and their parents, to adults, and to out-of-school youth. 7.22 (b) The office shall gather and share information with students and parents about the 7.23dual credit acceptance policies of each Minnesota public and private college and university. 7.24The office shall gather and share information related to the acceptance policies for concurrent 7.25enrollment courses, postsecondary enrollment options courses, advanced placement courses, 7.26and international baccalaureate courses. This information must be shared on the office's 7.27website and included in the information under paragraph (a). 7.28 (c) (b) The information provided under paragraph (a) may include the following: 7.29 (1) the need to start planning early; 7Sec. 6. REVISOR EB/DG 25-0054203/06/25 8.1 (2) the availability of assistance in educational planning from educational institutions 8.2and other organizations; 8.3 (3) suggestions for studying effectively during high school; 8.4 (4) high school courses necessary to be adequately prepared for postsecondary education; 8.5 (5) encouragement to involve parents actively in planning for all phases of education; 8.6 (6) information about postsecondary education and training opportunities existing in the 8.7state, their respective missions and expectations for students, their preparation requirements, 8.8admission requirements, and student placement; 8.9 (7) ways to evaluate and select postsecondary institutions; 8.10 (8) the process of transferring credits among Minnesota postsecondary institutions and 8.11systems; 8.12 (9) the costs of postsecondary education and the availability of financial assistance in 8.13meeting these costs, including specific information about the Minnesota Promise; 8.14 (10) the interrelationship of assistance from student financial aid, public assistance, and 8.15job training programs; 8.16 (11) financial planning for postsecondary education; and 8.17 (12) postsecondary education options for students with intellectual and developmental 8.18disabilities. 8.19 Sec. 7. Minnesota Statutes 2024, section 136A.901, subdivision 1, is amended to read: 8.20 Subdivision 1.Grant program.(a) The commissioner shall establish a grant program 8.21to award grants to institutions in Minnesota for research into spinal cord injuries and traumatic 8.22brain injuries. Grants shall be awarded to conduct research into new and innovative treatments 8.23and rehabilitative efforts for the functional improvement of people with spinal cord and 8.24traumatic brain injuries. Research topics may include, but are not limited to, pharmaceutical, 8.25medical device, brain stimulus, and rehabilitative approaches and techniques. The 8.26commissioner, in consultation with the advisory council established under section 136A.902, 8.27shall award 50 percent of the grant funds for research involving spinal cord injuries and 50 8.28percent to research involving traumatic brain injuries. In addition to the amounts appropriated 8.29by law, the commissioner may accept additional funds from private and public sources. 8.30Amounts received from these sources are appropriated to the commissioner for the purposes 8.31of issuing grants under this section. 8Sec. 7. REVISOR EB/DG 25-0054203/06/25 9.1 (b) Institutions that are eligible to apply for a grant under this section include 9.2postsecondary institutions, nonprofit organizations, and for-profit organizations. 9.3 (b) (c) A spinal cord and traumatic brain injury grant account is established in the special 9.4revenue fund. Money in the account is appropriated to the commissioner to make grants 9.5and to administer the grant program under this section. Appropriations to the commissioner 9.6for the program are for transfer to the account. Appropriations from the account do not 9.7cancel and are available until expended. 9.8 Sec. 8. REVISOR INSTRUCTION. 9.9 Subdivision 1.Student parent support.The revisor of statutes must renumber Minnesota 9.10Statutes, section 136A.1251, as Minnesota Statutes, section 136A.915. The revisor must 9.11also make cross-reference changes consistent with the renumbering. 9.12 Subd. 2.Inclusive higher education.The revisor of statutes must renumber Minnesota 9.13Statutes, section 135A.161, as Minnesota Statutes, section 136A.921. The revisor of statutes 9.14must renumber Minnesota Statutes, section 135A.162, as Minnesota Statutes, section 9.15136A.922. The revisor must also make cross-reference changes consistent with the 9.16renumbering. 9.17 Sec. 9. REPEALER. 9.18 (a) Minnesota Statutes 2024, sections 5.41, subdivision 2; 136A.057; 136A.1251, 9.19subdivision 5; 136A.1788, subdivision 5; 136A.1791, subdivision 9; 136A.246, subdivision 9.209; 136A.861, subdivision 7; 136A.901, subdivision 2; and 136A.91, subdivision 3, are 9.21repealed. 9.22 (b) Minnesota Rules, part 4850.0014, subparts 1 and 2, are repealed. 9Sec. 9. REVISOR EB/DG 25-0054203/06/25 5.41 STUDY ABROAD PROGRAMS. Subd. 2.Report.(a) A postsecondary institution must file by November 1 of each year a report on its programs with the secretary of state. The report must contain the following information from the previous academic year, including summer terms: (1) deaths of program participants that occurred during program participation as a result of program participation; (2) accidents and illnesses that occurred during program participation as a result of program participation and that required hospitalization; and (3) country, primary program host, and program type for all incidents reported in clauses (1) and (2). (b) For purposes of paragraph (a), "primary program host" is the institution or organization responsible for or in control of the majority of decisions being made on the program including, but not limited to, student housing, local transportation, and emergency response and support. (c) Information reported under paragraph (a), clause (1), may be supplemented by a brief explanatory statement. (d) A postsecondary institution must request, but not mandate, hospitalization and incident disclosure from students upon completion of the program. (e) A postsecondary institution must report to the secretary of state annually by November 1 whether its program complies with health and safety standards set by the Forum on Education Abroad or a similar study abroad program standard setting agency. 136A.057 STUDENT TRANSFER REPORTING. (a) The commissioner must report on the office's website summary data on students who, within the most recent academic year, withdrew from enrollment without completing a degree or credential program at a public postsecondary institution in Minnesota. The summary data must include whether the students who withdrew transferred to another institution and the institutions transferred to and from. (b) Summary data must be aggregated by postsecondary institution and degree or credential program. Summary data must be disaggregated by race, ethnicity, Pell eligibility, and age. (c) The commissioner must post the initial data on the office's website on or before February 15, 2022, and must update the data at least annually thereafter. 136A.1251 STUDENT-PARENT SUPPORT INITIATIVE. Subd. 5.Report and evaluation.By August 1 of each odd-numbered year, the commissioner shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance regarding the grant recipients and their activities. The report shall include information about the students served, the organizations providing services, program activities, program goals, and outcomes. 136A.1788 STUDENT LOAN DEBT COUNSELING. Subd. 5.Report to legislature.By February 1 of the second year of each grant award, the commissioner must submit a report to the committees in the legislature with jurisdiction over higher education finance regarding grant program outcomes. 136A.1791 TEACHER SHORTAGE LOAN REPAYMENT PROGRAM. Subd. 9.Annual reporting.By February 1 of each year, the commissioner must report to the chairs of the kindergarten through grade 12 and higher education committees of the legislature on the number of individuals who received loan repayment under this section, the race or ethnicity of the teachers participating in the program, the licensure areas and school districts in which the teachers taught, the average amount paid to a teacher participating in the program, and other summary data identified by the commissioner as outcome indicators. 136A.246 DUAL TRAINING COMPETENCY GRANTS. Subd. 9.Reporting.Commencing in 2017, the commissioner shall annually by February 1 report on the activity of the grant program for the preceding fiscal year to the chairs of the legislative 1R APPENDIX Repealed Minnesota Statutes: 25-00542 committees with jurisdiction over workforce policy and finance. At a minimum, the report must include: (1) research and analysis on the costs and benefits of the grants for employees and employers; (2) the number of employees who commenced training and the number who completed training; and (3) recommendations, if any, for changes to the program. 136A.861 INTERVENTION FOR COLLEGE ATTENDANCE PROGRAM GRANTS. Subd. 7.Report.By January 15 of each odd-numbered year, the office shall submit a report to the committees in the legislature with jurisdiction over higher education finance regarding the grant recipients and their activities. The report shall include information about the students served, the organizations providing services, program activities, program goals and outcomes, and program revenue sources and funding levels. 136A.901 SPINAL CORD INJURY AND TRAUMATIC BRAIN INJURY RESEARCH GRANT PROGRAM. Subd. 2.Report.By January 15, 2016, and each January 15 thereafter, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over the Office of Higher Education, specifying the institutions receiving grants under this section and the purposes for which the grant funds were used. 136A.91 CONCURRENT ENROLLMENT GRANTS. Subd. 3.Report.By December 1 of each year, the office shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education regarding: (1) the amount of funds granted under each clause of subdivision 1, paragraph (b); (2) the courses developed by grant recipients and the number of students who enrolled in the courses under subdivision 1, paragraph (b), clause (1); and (3) the programs expanded and the number of students who enrolled in programs under subdivision 1, paragraph (b), clause (2). 2R APPENDIX Repealed Minnesota Statutes: 25-00542 4850.0014AMOUNT AND TERMS. Subpart 1.Loan amounts.The minimum SELF Loan amount is $500. Subp. 2.Multiple loans at the same grade level.A student may borrow up to the maximum amount twice in the same grade level, as long as: A.a total of seven months elapses from the beginning of the first loan period to the beginning of the second loan period; B.the cumulative SELF Loan debt maximum for that grade level is not exceeded; and C.the amount approved is at least $500. 3R APPENDIX Repealed Minnesota Rules: 25-00542