Minnesota Statutes
Chapter 136A — Higher Education
Section 136A.833 — Exemptions.

Subdivision 1. Application for exemptions. A school that seeks an exemption from the provisions of sections 136A.822 to 136A.834 for the school and all of its programs or some of its programs 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 its 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. 2. Exemption reasons. Sections 136A.821 to 136A.832 shall not apply to the following:
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
(3) private career schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country;
(4) private schools complying with the requirements of section 120A.22, subdivision 4;
(5) courses taught to students in a valid apprenticeship program taught by or required by a trade union;
(6) private career schools exclusively engaged in training physically or mentally disabled persons for the state of Minnesota;
(7) private career schools licensed by boards authorized under Minnesota law to issue licenses except private career schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(8) private career schools and educational programs, or training programs, contracted for by persons, firms, corporations, government agencies, or associations, for the training of their own employees, for which no fee is charged the employee;
(9) private career schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects as determined by the office except private career schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names unless the private career school used "academy" or "institute" in its name prior to August 1, 2008;
(10) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;
(11) programs in the fine arts provided by organizations exempt from taxation under section 290.05 and registered with the attorney general under chapter 309. For the purposes of this clause, "fine arts" means activities resulting in artistic creation or artistic performance of works of the imagination which are engaged in for the primary purpose of creative expression rather than commercial sale or employment. In making this determination the office may seek the advice and recommendation of the Minnesota Board of the Arts;
(12) classes, courses, or programs intended to fulfill the continuing education requirements for licensure or certification in a profession, that have been approved by a legislatively or judicially established board or agency responsible for regulating the practice of the profession, and that are offered exclusively to an individual practicing the profession;
(13) classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing and occupational entrance examinations;
(14) classes, courses, or programs providing 16 or fewer clock hours of instruction that are not part of the curriculum for an occupation or entry level employment except private career schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(15) classes, courses, or programs providing instruction in personal development, modeling, or acting;
(16) training or instructional programs, in which one instructor teaches an individual student, that are not part of the curriculum for an occupation or are not intended to prepare a person for entry level employment;
(17) private career schools with no physical presence in Minnesota, as determined by the office, engaged exclusively in offering distance instruction that are located in and regulated by other states or jurisdictions if the distance education instruction does not include internships, externships, field placements, or clinical placements for residents of Minnesota; and
(18) private career schools providing exclusively training, instructional programs, or courses where tuition, fees, and any other charges for a student to participate do not exceed $100.
1969 c 866 s 15; 1973 c 714 s 20; 1977 c 59 s 1; 1980 c 559 s 4; 1989 c 209 art 1 s 13; art 2 s 1; 1990 c 562 art 3 s 11; 1992 c 513 art 1 s 27; 1995 c 212 art 3 s 59; 1998 c 397 art 11 s 3; 1999 c 214 art 3 s 34; 2005 c 56 s 1; 2005 c 107 art 3 s 19; 2007 c 144 art 3 s 30; 2008 c 298 s 24; 2012 c 270 s 11; 2013 c 99 art 2 s 20; 2015 c 69 art 2 s 43,46; 2017 c 89 art 3 s 29; 2020 c 109 art 3 s 14

Structure Minnesota Statutes

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.032 — Community And Commissioner Participation In Postsecondary Education Of American Indians.

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.08 — Reciprocal Agreements Relating To Nonresident Tuition With Other States Or Provinces.

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.25 — Creation.

Section 136A.26 — Memberships; Officers; Compensation; Removal.

Section 136A.27 — Policy.

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.36 — Revenues.

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.61 — Policy.

Section 136A.615 — Citation.

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.68 — Records.

Section 136A.685 — Private Institutions; Adjudication Of Fraud Or Misrepresentation.

Section 136A.69 — Fees.

Section 136A.705 — Penalty.

Section 136A.71 — Injunction.

Section 136A.82 — Citation.

Section 136A.821 — Definitions.

Section 136A.822 — Licensure.

Section 136A.8225 — School Closure.

Section 136A.823 — License Renewal.

Section 136A.824 — Fees.

Section 136A.825 — Permits For Solicitors.

Section 136A.826 — Information To Students.

Section 136A.827 — Refunds.

Section 136A.828 — Prohibitions.

Section 136A.829 — Revocation Of License Or Permit.

Section 136A.8295 — Student Complaints.

Section 136A.83 — Inspection.

Section 136A.831 — Injunction.

Section 136A.832 — Penalty.

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.

Section 136A.91 — Concurrent Enrollment Grants.