Postsecondary institutions clearly noticing deadlines for full reimbursement of tuition requirement provision

A bill for an act

relating to higher education; requiring postsecondary institutions to clearly notice

deadlines for full reimbursement of tuition; creating student complaint process;

authorizing investigations and remedial action by the Office of Higher Education;

proposing coding for new law in Minnesota Statutes, chapter 136A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[136A.1469] NOTICE OF TUITION REFUND DEADLINE DURING

ADD-DROP PERIOD.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Add-drop period" means the period of time at the beginning of an academic term

where a student may choose to add or remove courses from the student's schedule, during

which the institution will not mark the student as withdrawn from any removed course.

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(c) "Deadline" means a designated date and time on an institution's academic calendar.

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Subd. 2.

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Applicability.

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(a) This section applies to the following postsecondary

institutions:

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(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and

Universities; and

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(2) private postsecondary institutions that offer in-person courses on a campus located

in Minnesota and are eligible institutions as defined in section 136A.103, subdivision 1,

paragraph (a), that are participating in the federal program under Title IV of the Higher

Education Act of 1965, Public Law 89-329, as amended.

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(b) Institutions governed by the Board of Regents of the University of Minnesota are

requested to comply with this section.

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Subd. 3.

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Notice of deadlines.

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(a) A postsecondary institution must disclose the deadline

for a student to receive a full tuition refund if a student chooses to drop a course during the

add-drop period of a given academic term.

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(b) The disclosure must be, at a minimum:

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(1) placed in a conspicuous location in bold type on the institution's website;

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(2) made through a direct written communication at the time of registration; and

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(3) in the student handbook or academic catalog of the institution.

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Subd. 4.

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Internal complaints; appeal.

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(a) A postsecondary institution must create a

procedure for students to lodge a complaint alleging failure to comply with this section and

for institutional review and investigation of lodged complaints.

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(b) A student who believes an institution has violated the requirements of this section

must first submit the student's complaint to the institution. A student may appeal an

institutional finding of compliance by filing a complaint with the Office of Higher Education

in the manner prescribed in section 136A.147.

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Sec. 2.

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[136A.147] ADD-DROP COMPLAINTS.

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Subdivision 1.

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Authority.

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The Office of Higher Education has the authority to review

and take appropriate action on student complaints from schools covered under the provisions

of section 136A.1469.

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Subd. 2.

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Complaint.

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A complaint must be in writing, be signed by a student, and state

how the school's policies and procedures or section 136A.1469 were violated. Student

complaints shall be limited to complaints that occurred within six years from the date the

concern should have been discovered with reasonable effort and after the student has utilized

the school's internal complaint process. The office shall not investigate grade disputes,

student conduct proceedings, disability accommodation requests, and discrimination claims,

including Title IX complaints.

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Subd. 3.

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Investigation.

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The office shall initiate an investigation upon receipt of a

complaint within the authority of subdivision 2. A school involved in an investigation shall

be informed of the alleged violations and the processes of the investigation. A school

involved in an investigation shall respond to the alleged violations and provide requested

documentation to the office. Upon completion of an investigation, the office shall inform

the school and the student of the investigation outcome.

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Subd. 4.

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Penalties.

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(a) If violations are found, the office may require remedial action

by the school or assign a penalty under paragraph (b). Remedial action may include student

notification of violations, adjustments to the school's policies and procedures, and tuition

or fee refunds to impacted students.

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(b) The commissioner may assess fines for violations of section 136A.1469. Each day's

failure to comply with section 136A.1469 shall be a separate violation and fines shall not

exceed $500 per day per violation.

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Subd. 5.

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Appeals.

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Any order requiring remedial action by the school or assigning a

penalty under this section is appealable in accordance with chapter 14. The request for an

appeal must be made in writing to the office within 30 days of the date the school is notified

of the action of the office. The court shall award costs and reasonable attorney fees in a

contested chapter 14 hearing to the office if:

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(1) the office substantially prevails on the merits in an action brought under this section;

and

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(2) the school has a net income from student tuition, fees, and other required institutional

charges collected from the last fiscal year of $1,000,000 or greater.

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Subd. 6.

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Disclosure.

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Schools must disclose on their website, student handbook, and

student catalog the student complaint process under this section to students.

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Subd. 7.

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Private information.

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Student complaint data are private data on individuals,

as defined in section 13.02, subdivision 12. The office may disclose student complaint data

to law enforcement officials or in connection with a legal or administrative proceeding

commenced to enforce a requirement of law.

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