Subdivision 1. Application. A school that seeks an exemption under this section from the provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the school meets the requirements of an exemption. An exemption expires two years from the date of approval or when a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program. If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires. This exemption shall not extend to any school that uses any publication or advertisement that is not truthful and gives any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school or its personnel, programs, services, or occupational opportunities for graduates for promotion and student recruitment. Exemptions denied under this section are subject to appeal under section 136A.65, subdivision 8, paragraph (c). If an appeal is initiated, the denial of the exemption is not effective until the final determination of the appeal, unless immediate effect is ordered by the court.
Subd. 1a. Private career schools. A school that is subject to licensing by the office under sections 136A.82 to 136A.834 is exempt from the provisions of sections 136A.61 to 136A.71. The determination of the office as to whether a particular school is subject to regulation under sections 136A.82 to 136A.834 is final for the purposes of this exemption.
Subd. 2. Educational program; nonprofit organizations. Educational programs which are sponsored by a bona fide and nonprofit trade, labor, business, professional or fraternal organization, which programs are conducted solely for that organization's membership or for the members of the particular industries or professions served by that organization, and which are not available to the public on a fee basis, are exempted from the provisions of sections 136A.61 to 136A.71.
Subd. 3. Educational program; business firms. Educational programs which are sponsored by a business firm for the training of its employees or the employees of other business firms with which it has contracted to provide educational services at no cost to the employees are exempted from the provisions of sections 136A.61 to 136A.71.
Subd. 3a. Tuition-free educational courses. A school, including a school using an online platform service, offering training, courses, or programs is exempt from sections 136A.61 to 136A.71, to the extent tuition, fees, and any other charges for a student to participate do not exceed two percent of the most recent average undergraduate tuition and required fees as of January 1 of the current year charged for full-time students at all degree-granting institutions as published annually by the United States Department of Education as of January 1 of each year. To qualify for an exemption, a school or online platform service must prominently display a notice comparable to the following: "IMPORTANT: Each educational institution makes its own decision regarding whether to accept completed coursework for credit. Check with your university or college."
Subd. 4. Voluntary submission. Any school or program exempted from the provisions of sections 136A.61 to 136A.71 by the provisions of this section may voluntarily submit to the provisions of those sections.
Subd. 5. Higher Learning Commission accredited institutions in Minnesota. (a) A postsecondary institution accredited by the Higher Learning Commission or its successor with its primary physical location in Minnesota is exempt from the provisions of sections 136A.61 to 136A.71, including related fees, when it creates new or modifies existing:
(1) majors, minors, concentrations, specializations, and areas of emphasis within approved degrees;
(2) nondegree programs within approved degrees;
(3) underlying curriculum or courses;
(4) modes of delivery; and
(5) locations.
(b) The institution must annually notify the commissioner of the exempt actions listed in paragraph (a) and, upon the commissioner's request, must provide additional information about the action.
(c) The institution must notify the commissioner within 60 days of a program closing.
(d) Nothing in this subdivision exempts an institution from the annual registration and degree approval requirements of sections 136A.61 to 136A.71.
1978 c 603 s 6; 1Sp1993 c 2 art 2 s 18; 1995 c 212 art 3 s 59; 2013 c 99 art 2 s 15; 2015 c 69 art 2 s 46; 2017 c 89 art 2 s 14; art 3 s 9; 2018 c 182 art 1 s 37; 2020 c 109 art 3 s 7; 1Sp2021 c 2 art 2 s 27
Structure Minnesota Statutes
Chapters 135A - 137 — Postsecondary Education
Chapter 136A — Higher Education
Section 136A.002 — Definitions.
Section 136A.01 — Office Of Higher Education.
Section 136A.03 — Executive Officers; Employees.
Section 136A.031 — Student Advisory Council.
Section 136A.0411 — Collecting Fees.
Section 136A.0412 — Acceptance Of Private Funds; Appropriation.
Section 136A.05 — Cooperation Of Institutions Of Higher Education.
Section 136A.051 — Student Records And Data.
Section 136A.055 — Developmental Education Reporting.
Section 136A.057 — Student Transfer Reporting.
Section 136A.06 — Federal Funds.
Section 136A.091 — Summer Academic Enrichment Program.
Section 136A.095 — Grants-in-aid; Purpose.
Section 136A.096 — Financial Aid Goals.
Section 136A.101 — Definitions.
Section 136A.103 — Institution Eligibility Requirements.
Section 136A.1201 — Minnesota Promise.
Section 136A.121 — State Grant Program.
Section 136A.1215 — Grants For Students With Intellectual And Developmental Disabilities.
Section 136A.123 — Mn Reconnect Program.
Section 136A.1241 — Fostering Independence Higher Education Grants.
Section 136A.125 — Child Care Grants.
Section 136A.126 — Indian Scholarships.
Section 136A.1274 — Underrepresented Student Teacher Grants.
Section 136A.1275 — Student Teacher Grants In Shortage Areas.
Section 136A.1276 — Alternative Teacher Preparation Grant Program.
Section 136A.131 — Accounting And Records.
Section 136A.1311 — Cash Flow.
Section 136A.1312 — Financial Aid Administrator, Professional Judgment.
Section 136A.1313 — Financial Aid Audits.
Section 136A.15 — Definitions.
Section 136A.155 — Additional Institution Eligibility Requirements.
Section 136A.16 — Powers And Duties Of Office.
Section 136A.162 — Classification Of Data.
Section 136A.1701 — Supplemental And Additional Loans.
Section 136A.1702 — Legislative Oversight.
Section 136A.1704 — Student Loan Refinancing.
Section 136A.171 — Revenue Bonds; Issuance; Proceeds.
Section 136A.172 — Negotiable Notes; Issuance; Conditions.
Section 136A.173 — Negotiability; Bond Anticipation Notes; Payment; Conditions.
Section 136A.174 — Security For Bonds.
Section 136A.175 — Refunding Revenue Bonds; Proceeds; Investments.
Section 136A.176 — Bonds Not State Obligations.
Section 136A.177 — Rights Of Bondholders.
Section 136A.178 — Legal Investments; Authorized Securities.
Section 136A.1785 — Loan Capital Fund.
Section 136A.1787 — Self Loan Revenue Bonds Annual Certificate Of Need.
Section 136A.1788 — Student Loan Debt Counseling.
Section 136A.1789 — Aviation Degree Loan Forgiveness Program.
Section 136A.1791 — Teacher Shortage Loan Repayment Program.
Section 136A.1792 — Promotion Of Federal Public Service Loan Forgiveness Programs.
Section 136A.1793 — Promotion Of Teacher Loan Forgiveness Programs.
Section 136A.1794 — Agricultural Education Loan Forgiveness Program.
Section 136A.1795 — Large Animal Veterinarian Loan Forgiveness Program.
Section 136A.1796 — Tribal College Supplemental Grant Assistance.
Section 136A.18 — Legislative Finding, Declaration, And Directive.
Section 136A.23 — Trustees Of Incorporated Colleges May Prescribe Course Of Study; Annual Report.
Section 136A.231 — Education; Postsecondary Students; Work-study Programs.
Section 136A.232 — Administration; Agreements With Educational Facilities.
Section 136A.233 — Work-study Grants.
Section 136A.246 — Dual Training Competency Grants.
Section 136A.26 — Memberships; Officers; Compensation; Removal.
Section 136A.28 — Definitions.
Section 136A.29 — Powers; Duties.
Section 136A.30 — Source Of Payment Of Expenses.
Section 136A.31 — Notes Of The Authority.
Section 136A.32 — Bonds Of The Authority.
Section 136A.33 — Trust Agreement.
Section 136A.34 — Revenue Refunding Bonds.
Section 136A.35 — Bonds Are Not State Obligation.
Section 136A.37 — Remedies Of Bondholders And Trustees.
Section 136A.38 — Bonds Eligible For Investment.
Section 136A.39 — Exemption From Taxes And Other Restrictions.
Section 136A.40 — Administration.
Section 136A.41 — Conflict Of Interest.
Section 136A.42 — Annual Report.
Section 136A.62 — Definitions.
Section 136A.63 — Registration.
Section 136A.64 — Information Required For Registration.
Section 136A.645 — School Closure.
Section 136A.646 — Additional Security.
Section 136A.65 — Approval Of Degrees And Name.
Section 136A.653 — Exemptions.
Section 136A.657 — Exemption; Religious Schools.
Section 136A.658 — Exemption; State Authorization Reciprocity Agreement Schools.
Section 136A.66 — List Of Registered Institutions.
Section 136A.67 — Registration Representations.
Section 136A.672 — Student Complaints.
Section 136A.675 — Risk Analysis.
Section 136A.685 — Private Institutions; Adjudication Of Fraud Or Misrepresentation.
Section 136A.821 — Definitions.
Section 136A.8225 — School Closure.
Section 136A.823 — License Renewal.
Section 136A.825 — Permits For Solicitors.
Section 136A.826 — Information To Students.
Section 136A.828 — Prohibitions.
Section 136A.829 — Revocation Of License Or Permit.
Section 136A.8295 — Student Complaints.
Section 136A.831 — Injunction.
Section 136A.833 — Exemptions.
Section 136A.834 — Exemption; Religious Schools.
Section 136A.861 — Intervention For College Attendance Program Grants.
Section 136A.87 — Planning Information For Postsecondary Education.
Section 136A.901 — Spinal Cord Injury And Traumatic Brain Injury Research Grant Program.
Section 136A.902 — Spinal Cord And Traumatic Brain Injury Advisory Council.