application letter to refund deposit

How to Write a Refund Request Letter and Samples

In the case of goods or services, a refund request letter is a formal request to return money paid for them. It is written to the merchant and should contain information about the transaction, the reason for the refund, and the expectations for reimbursement. You may request a refund for several reasons. Whether you are an unsatisfied or angry customer , there are always diplomatic ways to go about all these.

Why is a Refund Request Letter Essential?

If the goods or service you purchased did not meet your expectations, you must notify the retailer in writing through a refund request letter.

Best Practices for Writing a Refund Request Letter

• Request a refund politely and in a proper manner.
• Include product information, such as what you bought, when you bought it, and how much it cost.
• Make clear why you’re returning the product.
• Ensure essential details about the transaction, such as the delivery date and location.

How to Write a Refund Request Letter

Before you even approach an organization for a refund on goods or services, you need to know the best way to go about everything. With this guide, you will learn the best scenarios of when and how to write a refund request letter.

Make Sure You’ve Read the Policy on Refunds

Some retailers do not provide refunds. Even if a policy did exist, it wouldn’t matter if the seller didn’t explicitly communicate the transaction conditions.

Unless the retailer has a specific return policy, customer rights will generally be dictated by state law. However, keep in mind that even tight “no return” rules may not be enforced if the given products or services are faulty, hazardous, or otherwise not as promised.

If you’ve ever had to return an item to the shop, you will know that the procedure is unpleasant but straightforward. In most retail stores, you may seek a refund within 30 or 60 days after the purchase date, although others may have a no-refunds policy.

Find Your Receipt

The importance of documentation cannot be overstated. Although it may be challenging to get a copy of the original receipt, you should not give up hope since your bank’s online account summary page will likely include a copy of the transaction.

9 Examples of Replies to Customer Complaints Email

Detail the Reasons for a Refund

When writing an email to refund money be specific about why you want a return, but be sure that your request is within the parameters of the refund policy. The better the problem, the more objective and provable it is.

Request Payment or Credit

Do not be vague in your letter of complaint. Verify that the retailer has received the refund request letter and take the necessary steps to ensure receipt. With refunds, timing is crucial. Therefore, it’s best to seek a refund as soon as possible after the initial transaction has occurred.

Take Additional Action

Unfortunately, there are still retailers who will not budge even after a refund request letter. If you haven’t received a refund by the due date, it may be time to escalate the situation. To get your money back, you may file a consumer complaint with the State Attorney General’s Office: File a consumer complaint or post an unfavorable evaluation of the business online.

A problem arises when the store in issue is a long way away. Many gaming platforms, such as Origin, Steam, Blizzard, and well-known e-commerce companies like eBay and Amazon, have their policies for seeking refunds.

Even if you prefer to purchase online, you may run into issues with missing components, broken goods, or long delays.

Refund Letter Examples, Samples, and Templates

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Getting a refund can be messy and sometimes frustrating. But, if you know the right way to go about the whole thing, you can rest assured that the process will be smooth. So, instead of going through the turmoil of raising voices, follow the guide in this article to write the perfect refund request letter. The templates here can also be of great assistance to you.

Check out more  Refund Request Letter templates and samples

About The Author

Jim Blessed

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How to write a security deposit return letter [Free template]

When you rent your property, you’ll likely collect a security deposit from your tenants. This is money that they give you to ensure that they take good care of the property while living there and that they’ll leave it in the same condition as when they moved in.

Once your tenants have moved out, it’s time to send them their security deposit return letter. This document tells them what portion of their security deposit you’re keeping and why.

Here are some tips on how to write a great security deposit return letter, plus a free template you can download and customize for your own use.

Key takeaways

• A security deposit letter is a document that outlines damage done to a rental unit and how much of the security deposit the landlord plans to keep to cover the cost of repairs.
• It’s important to be as specific as possible when listing damages, including dates, descriptions, and estimated cost of repairs.
• Be sure to take photos or videos of the damages to include with the security deposit letter.
• The letter should be sent within the legally required timeframe of the tenant’s move-out date.
• The security deposit letter should be sent by certified mail with a return receipt requested so you have proof that the tenant received it.
• The letter returning a security deposit should be kept on file in case of a dispute later.

The security deposit return letter: what it is and why you need one

A security deposit return letter is a document a landlord uses to return the security deposit to a tenant. This letter outlines the amount of money being returned and the total amount of any deductions made for damages or unpaid rent.

A security deposit return letter protects the rental property owner from liability if there are any disputes over the return of the security deposit, and it also provides documentation for the tenant in case they need to file a claim with their security deposit insurance company.

In addition, a security deposit refund letter can help protect the landlord’s interests by documenting the rental unit’s condition at the end of the tenancy.

How to write a security deposit return letter

The letter should state whether the deposit is being returned in full, partially returned, or not returned at all. It should also explain the reason for any deductions. For example, if the landlord deducts money for damages, they should specify what those damages are.

The general structure of a security deposit return letter includes:

• Landlord’s name and contact information
• Tenant’s name and contact information
• Date of the letter
• Amount of security deposit being returned to the tenant
• Breakdown of any deductions made from the security deposit, including an explanation for each deduction
• Enclose any relevant receipts or documentation with the letter, such as a repair quote from a qualified repair person or photos of the items damaged
• A copy of the lease or deposit agreement to remind the tenant what they agreed to
• Signature of the landlord or authorized representative

Free security deposit return letter template

To help make your life as a landlord a little bit easier, we’ve created a security deposit return letter template that you can download for free and customize for your individual needs. Download the security deposit return letter here .

Also included is the wording you may wish to use if you are withholding all or part of the security deposit:

You can also download for Google Docs . After you open the document, save it by another name so that you always have the original to go back to.

How to send a tenant a security deposit return letter

It’s always a good idea for landlords to send a security deposit return letter to their tenants by certified mail or another method with proof of delivery to the tenant’s forwarding address.

Doing so provides documentation that the landlord did return the deposit and is professional and attentive to detail, and is taking responsible steps to comply with state and local laws regarding security deposits.

Mistakes to avoid when writing a security deposit return letter

While writing a security deposit return letter is relatively straightforward, it’s still possible to make a mistake. Here are 5 common errors to avoid when writing a letter to return a security deposit to a tenant:

• Not itemizing deductions: When landlords deduct money from a security deposit, they must provide a detailed, itemized list of all charges along with the corresponding receipts. Without this documentation, tenants may have difficulty understanding why they are being charged for certain items and may contest the deductions.
• Making unauthorized deductions: Landlords can only deduct from a security deposit for damages that exceed normal wear and tear. If a landlord tries to make unauthorized deductions, the tenant may be able to get the money back by filing a complaint with the state or local consumer protection agency.
• Withholding the full amount of the security deposit: In some states, landlords can only withhold a portion of the security deposit, even if there are damages. For example, if the total damages are $500 and the security deposit is $1,000, the landlord can only withhold the $500 deposit. In a situation where the amount of damages exceeds the security deposit amount, the tenant is responsible for any remaining damages, but it is up to the landlord to collect the balance due.
• Failing to return the security deposit within the required time frame: In most states, landlords have between 14 and 60 days to return the security deposit to the tenant unless they provide a written explanation of why they are withholding part or all of the deposit. If the landlord does not return the deposit within the prescribed time frame, the tenant may be able to sue for double the amount of the deposit.
• Not having a written policy on security deposits: Landlords should have a policy outlining when and how the deposit will be returned to the tenant. This policy should be provided to the tenant at move-in and included in the lease agreement. A written policy can deter misunderstandings between landlords and tenants about the security deposit return.

If you find yourself struggling coming up with wording for the letter, here’s a free template to customize .

Remember that security laws are different for each state. The legal resource website Rocket Lawyer maintains a state-by-state guide to security deposit laws outlining the requirements and restrictions that may apply to landlords and tenants.

Closing thoughts

There are a few things that landlords should keep in mind when the time comes to write a security deposit return letter. First and foremost, it is important to be clear and concise in the letter. Landlords should avoid using jargon or legal terms that tenants may not understand.

Also, landlords should list any damages that were found during the move-out inspection, as well as the cost of repairs. Finally, landlords should sign and date the letter before sending it to the tenant.

By following these simple tips, landlords can ensure that their security deposit return letters are clear and easy to understand.

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Refund Request Letter Sample: Free & Effective

With extensive experience in drafting refund request letters for various scenarios, I’ve learned that clarity, politeness, and thorough product knowledge are key to effectiveness. I’m here to guide you through creating a persuasive letter to secure your refund.

Key Takeaways:

• Understand the purpose and importance of a refund request letter.
• Learn the essential components of a refund request letter.
• Follow a step-by-step guide to write an effective letter.
• Free Templates : Access customizable templates for personal use.
• Discover tips for increasing the success rate of your request.

Understanding the Purpose

A refund request letter is a formal way to ask for your money back when a product or service does not meet the promised standards. It’s not just about stating your disappointment; it’s about presenting a clear case as to why you deserve a refund.

Essential Components:

• Personal Information: Your name, address, and contact details.
• Company Information: The name and address of the company.
• Details of Purchase: Include date, amount, and nature of the purchase.
• Reason for Refund: Clearly explain why you are seeking a refund.
• Supporting Evidence: Attach receipts, photos, or other relevant documents.
• Request for Action: Clearly state your expectation for a refund.
• Closing: Politely thank them for their attention to the matter.

Step-by-Step Guide

Step 1: Gather Information Collect all relevant information about your purchase, including receipts, order numbers, and any previous communication with the company.

Step 2: Draft the Letter Start with your personal information, followed by the date and company details. Then, clearly state your reason for requesting a refund, supporting it with evidence.

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Step 3: Be Clear and Concise Explain your situation in a straightforward manner. Avoid overly emotional language; stick to the facts.

Step 4: Attach Evidence Attach all supporting documents. This could be a receipt, photos of a defective product, or email correspondence.

Step 5: Review and Send Proofread your letter for any errors and ensure it sounds polite yet firm. Then, send it via email or post, depending on the company’s preferred method.

Real-Life Example

When I received a faulty blender, I wrote a refund request letter. I included photos of the defective product and highlighted how it differed from the description online. My request was processed within a week.

Template for Refund Request Letter

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number]

[Company Name] [Company Address] [City, State, Zip Code]

Dear [Company’s Customer Service Department],

I am writing to request a refund for [Product/Service Name] purchased on [Purchase Date]. The reason for my request is [briefly state your reason].

Despite [describe your experience or the product issue], the product/service failed to meet the expected standards. Attached, you will find [mention any attached evidence like receipts, photos, or correspondence].

I kindly request a full refund of [Purchase Amount]. I have attached the necessary purchase documentation for your reference.

Thank you for your attention to this matter. I hope to receive a prompt response to my request.

[Your Name]

Writing a refund request letter doesn’t have to be daunting. By following these steps and using the template provided, you’re well on your way to articulating your concerns and getting the refund you deserve. Remember, clarity and politeness are your best tools.

Tips for Writing a Refund Request Letter:

• Be polite but firm.
• Provide all necessary details.
• Attach supporting documents.
• Keep a copy of your correspondence.
• Follow up if you don’t receive a response.

Comments Request: Have you had experiences with writing refund request letters? Share your stories and tips in the comments below!

Frequently Asked Questions (FAQs)

Q: What is a refund request letter?

Answer : A refund request letter is a formal letter that is written by a customer to a company or business requesting a refund for a product, service, or deposit that was paid for but did not meet the expectations or requirements of the customer. 

The letter should be written in a polite and professional tone and should provide all necessary information and documentation to support the request.

Q: When should I write a refund request letter?

Answer : You should write a refund request letter when you have purchased a product or service that did not meet your expectations, or you have overpaid for a service, or you are entitled to a refund of a deposit that you paid. 

You should first attempt to resolve the issue with the company or business directly, and if that fails, then you can write a refund request letter.

Q: What information should be included in a refund request letter?

Answer : A refund request letter should include the following information:

• Your name and contact information
• The name and contact information of the company or business
• The date of purchase and the amount paid
• The reason for the refund request
• Any supporting documentation, such as a receipt, invoice, or contract
• A clear request for a refund
• A polite and professional tone.

Q: What is the format of a refund request letter?

Answer : A refund request letter should be formatted as a formal business letter. It should include the recipient’s name and address, a subject line that clearly states the purpose of the letter, a salutation, the body of the letter, and a closing.

Q: What should I do if I don’t receive a response to my refund request letter?

Answer : If you do not receive a response to your refund request letter, you should follow up with the company or business by phone or email. If that fails, you can file a complaint with the relevant consumer protection agency or seek legal advice. It’s important to keep copies of all correspondence and documentation related to the refund request

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I found the post extremely helpful, as it provided clear and effective guidelines that made my refund process much smoother!

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Sample request letter for refund of security deposit.

This pack contains different easy formats of applications for the subject matter . For more information, please reach out to us using our email or the comment box.

Refund Letter due to moving to Another Location

 To, —————— (Name), Address: ————— —————————

Date: __________

From, —————————— (Name) Address: ——————- ———————————

Subject: Request for a Return of the Deposit

I would like to, humbly, request that you please return the security deposit that I had submitted to you when I had first started my tenancy. I had come to your residence in ______ and had deposited a sum total of rupees, _______, in the form of a check. I have attached a photocopy of the check with this application, and the informal contract which took place between us is a testament to the fact that I had been asked to present the copy of my check in order to receive the amount I had deposited. I understand if, upon inspection, you find any property damage and decide to deduct some money from the deposit, though I am sure that would not be the case. I am sorry to spring this onto you so quickly, but I have to move out of my residence before this month ends, and will be shifting to another place soon. Thank you for proving to be a wonderful landlord for all these years, and I am sorry to be leaving you so soon. Regards.

Refund of Security Deposit Letter from College

The principal California School of Contemporary Arts, California.

I am a final year student of  fine arts  in your school. I have recently taken final year exams, and I passed with good marks. Now I have completed my studies at your college I am submitting this application for the reimbursement of my deposited security that I have given at the time of admission.

I have filed my  clearance certificate  with the admin officer earlier this month. I am requesting you to please issue me the security reimbursement cheque at your ease. I will be very grateful to you.

Thanking you in anticipation.

Yours truly,

Request for Return of Caution Money from University

I am Momina, a student of MBA Marketing writing to request you to refund my security deposit. The security deposit was charged me at the time of admission, and now my studies are completed. I have received my degree in the convocation held last month.

The accounts department asked me to write this application, and get it signed by the relevant department. Furthermore, my clearance certificate from all the departments is also attached to this letter. Please approve this refund on a priority basis. I will be thankful to you.

Warm Regards, Enrolment No. 456789

Letter for Refund of Admission Fees

I am a student of biotechnology, semester third. I am writing this letter to you so that I can submit a complaint against the accounts department. They have clearly sent me the letter of fees refund in my first semester but I haven’t received it yet, after many reminders.

So I am requesting to you that please Refund it and solve my issue as soon as possible. I will be very thankful to you for this.

Hoping for the positive response

Application for Refund of Money from College

Dear Madam,

I sent this letter to request a   Refund of the confirmation fee for course enrollment. Yesterday, my visa got rejected by the embassy so I will not be coming to the university this semester. I have dropped all my courses before the deadline so kindly refund that amount back to the bank from which the transfer was made. I am aware that 10% of the amount would be cut as the administration charges.

Furthermore, I have attached the confirmation slip of the payment made with this email. You may contact me in case of any further queries. Thank you.

Best Regards,

Sample Letter Requesting Refund of Earnest Money

[Your Name] [Your Address] [City, State, ZIP Code] [Date]

[Recipient’s Name] [Real Estate Agency or Seller’s Name]

Subject: Request for Earnest Money Refund

Dear [Recipient’s Name or Title],

I am writing to formally request the refund of the earnest money deposit in the amount of $[Amount] that I submitted on [Date of Earnest Money Payment] for the property located at [Property Address].

Unfortunately, due to unforeseen circumstances, I am unable to proceed with the purchase of the property as outlined in our purchase agreement dated [Date of Purchase Agreement]. After careful consideration, I have decided to withdraw my offer on the property, and I understand that this may result in the forfeiture of the earnest money deposit as stipulated in the agreement.

I kindly request that you process the earnest money refund at your earliest convenience. I understand that there may be certain administrative processes involved, and I appreciate your prompt attention to this matter.

Please find attached a copy of the purchase agreement for your reference. If there are any additional forms or information required from my end to expedite the refund process, please do not hesitate to inform me.

I appreciate your understanding in this matter and look forward to receiving confirmation of the earnest money refund. You can reach me at the provided contact information should you have any questions or require further clarification.

Thank you for your prompt attention to this request.

[Your Full Name]

Application for Security Refund from Company

[Company Name] [Company Address] [City, State, ZIP Code]

Subject: Security Refund Application

Dear [Company Name],

I am writing to formally request the refund of my security deposit, which was submitted on [Date of Security Deposit Payment]. The deposit pertains to [Specify the nature or purpose of the security deposit, e.g., a rental property, service agreement, etc.].

Here are the key details of my security deposit:

• Amount Paid: $[Amount]
• Date of Payment: [Date of Payment]
• [Any additional relevant details]

I have fulfilled all the requirements and obligations associated with this security deposit, as outlined in our agreement. I kindly request that you process the refund without delay.

Please find attached any necessary documents, including a copy of the agreement and proof of compliance with its terms.

I would appreciate your prompt attention to this matter and request that you communicate the status and timeline for the refund to the contact information provided above.

Thank you for your cooperation, and I look forward to the swift resolution of this request.

Refund Letter due to Job Transfer and Subsequent Shift

To, Address: ————— —————————

Subject: Request for the Deposit

Dear Sir/Ma’am,

My name is ________, and I live in apartment number ______. I have been a long-time tenant of yours, and am saddened to inform you that I will soon be leaving your acquaintance. I’d like to sincerely request that you return the security deposit I handed you when I first started my rental period. I had arrived at your house in ______ and had left a check for a total of ______ rupees there. My agreement also stated that property damage would be deducted from the total security fee, but I ensure you that after all thorough inspections, there is no need for any such measure. Furthermore, the agreement stated that I would need to inform the landlord around two weeks in advance before I would have to leave, and I am well within that time frame. The formal agreement that was made between us attests to the fact that I was required to submit a copy of my check in order to be paid the amount I had deposited, and I have attached a photocopy of the check with this application.

Lastly, I would like to thank you for all your troubles.

Requesting an Early Security Deposit Refund

To, ————— Address: ————— —————————

Subject: Deposit Return Request

I am _______, from house no. _______. I have been a tenant of yours for the duration of _____ to _____ and would like to inform you that I will be terminating my contract this coming month. The reasons for my leaving are personal and have nothing to do with you or the dwelling. I recall that my verbal contract had stated that I would need to inform you _____ days in advance in order to get a refund for my security deposit, and I understand that I am a bit late. However, I would like to appeal to your good nature and like to request that you keep our years’ worth of goodwill and refund my amount as quickly as is convenient for you. The reason I am in such a hurry regarding the matter is that I intend to shift to my new place as soon as can, and I cannot do that without wrapping up my matters here.

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Refund Request Letter (Free Template)

Ready to create your free refund request letter using our AI-powered tool?

Most businesses have set refund policies that allow people to request a refund within a specific timeframe. However, these days most of us rely on e-commerce websites like Amazon, eBay, etc. The request process may not be so straightforward in situations involving online purchases. Or even if you go to a physical store and ask for a refund sometimes the store refuses to honor its refund policy.

If you end up in any of these situations, consider contacting the seller by sending a refund request letter . In this article, we discuss how to write a refund request letter, what to include in the letter, and provide a sample refund request letter.

Did you know we have a free tool powered by AI that helps you create a refund request letter?  Check out our letter writing tool.

Common Reasons to Send a Refund Request Letter

Unsure of when to send a refund request letter? Here are some common reasons we have seen: 

A business billed for an item you never received.

You received an item that was damaged or defective. 

The item the business sent you was not what you ordered.

The service or product the business provided was not satisfactory.

You paid a contractor or mechanic for work they never did. 

The auto repair shop improperly repaired your car.  

Why is a Refund Request Letter Important?

A refund request letter is a written request for the return of payment for products or services. A well-crafted refund request letter can be a useful tool if you are having problems with a business. For example, if the business refuses to honor its refund policy even though they have delivered a damaged product you can send them a refund request letter. 

Here are some reasons to first send a refund request letter to a business before taking legal action:  

Depending on the state you are filing a lawsuit in, you may be required to demand payment from the business before filing. For example, in California, small claims court demanding payment is a requirement. Some small claims courts want to see that you reached out to the business before filing a lawsuit. The easiest way to do this is by sending a refund request letter. 

A refund request letter signals to the business that you are serious about getting your money back and you are willing to take action. 

Sending a written refund request letter assures you there is a record of your attempt to seek payment . So while requests for refunds can be made orally, we recommend making any offers in writing. Writing a letter can sometimes be very effective as it is a more formal way of making a request. 

The most important reason to send a refund request letter is that it may lead to you getting your money back quickly and efficiently!  

Do I Need to Hire an Attorney to Write a Refund Request Letter?  

Many of our clients ask us if their letter requesting a refund needs to be written by an attorney. There is no formal requirement that states you need an attorney to write your refund request letter, you can do it on your own. Further, it may be hard to find an attorney to write a refund request letter for you because an attorney may not be willing to take on a case that might settle easily. Ultimately, the decision to hire an attorney or not is up to you. 

What to Include in Your Refund Request Letter

Unsure of what to include in your letter? Below we have included suggestions on the most important things to include in your refund request letter. Always make sure the letter is addressed to the business that sold you a product or provided a service. For the most part, the letter should include basic details about the transaction, the reason why the refund is sought, and expectations for repayment.

Here are a few suggestions of what to include in your refund request letter:

Include details about the transaction. For example, if you paid for services not rendered and are now asking for a refund make sure to include an invoice from the business for the services.   

Explain why you are seeking a refund, but make sure that your reason falls within the refund policy. For example, was the product defective and if so does the business’s refund policy allow refunds for defective products? 

Include your contact information so that the business can reach you in case they would like to accept your refund request. The best way to communicate with a business is in writing, include an email address along with any other form of communication you are comfortable with. 

Include where you would like to receive payment. If you paid for the product or service with a credit card consider asking the business to refund the balance to the credit card you used to make the initial transaction. 

Attach other documents that may be necessary and could be used as evidence later in case of legal action. For example, a receipt for the item or an invoice from the business for services rendered. 

Include a deadline to respond to you. You may want to consider giving the business 14 days to respond to you and state that if they do not respond within that time, you intend to sue them. 

Once you have sent a refund request letter, keep it in your records. In the event, you do end up filing a small claims lawsuit you can bring it to the hearing and show it to the judge. This is especially handy if the business states they didn't receive the letter.

Refund Request Letter Sample 

Here is a video on how our letter-writing tool works:

Below is an example of a refund request letter. This sample refund letter involves someone requesting a refund of their initial money payment. When using this sample replace those facts with facts from your situation and insert the relevant information. For example, if you are requesting a refund for services not rendered you can still use this sample letter just make sure to insert the correct corresponding details. 

How to Send a Refund Request Letter

We recommend sending your refund request letter in a way that ensures that it was  delivered.  This way, you know that the other party received your letter. If you later need to escalate to court, you can provide this evidence to the judge.

Sending the letter via email:  if you send the letter via email, you will want to use a software that tells you whether the other party received your email and opened it.  With our letter-writing tool, you can track whether your email was delivered and opened.  Check out our letter-writing tool.

Sending the letter by mail:  you will want to obtain tracking information for your letter to have proof of delivery. In my experience, it tends to be difficult to obtain signature confirmation at delivery as many individuals will avoid signing for mail or they will sign illegibly. However, many times a letter tends to be presumed delivered as long as the letter was mailed to a known address and tracking states that it was delivered.  Pro Tip:  I have also learned that USPS tends to not be the most reliable at providing tracking information as they fail to finish scanning the letters at delivery. You will want to be prepared to use FedEx or send multiple letters via USPS.  With our letter-writing tool, you can mail your letter and obtain tracking.  Check out our letter-writing tool.

If I were sending a refund request letter, I would email and mail the letter. Mailing the letter is a more formal approach and you may be taken more seriously.

What To Do If the Refund Request Letter Doesn't Work?

If you sent a business a refund request letter and do not receive a response, you may want to consider suing them in small claims court.  Small claims courts handle a variety of cases at a low cost. This is because small claims courts were intended to be affordable and user-friendly. In some small claims courts, attorneys are not even allowed to represent you! Consider filing a small claims lawsuit if a business refuses to provide you with a refund.  

Learn how to file a lawsuit against a business in our 50-state guide to small claims.

Claudia Diaz

Legal Educator @ People Clerk. Claudia holds a J.D. degree and is a certified mediator in New York and Florida. She has participated in dozens of small claims mediations in New York City courts.

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Legal Templates

Home Personal & Family Demand Letter Refund

Refund Demand Letter Template

Use our free refund demand letter template to request the return of a payment.

Updated September 27, 2023 Written by Ioana Gagiuc | Reviewed by Brooke Davis

A refund demand letter is a formal written request to return money paid for goods or services. This letter is used when a customer is unsatisfied with the transaction and wants to inform the seller about the issue and ask for a refund.

You may also send the letter after you’ve made an informal request for a refund and have not received it or are not pleased with the response from the seller.

If you want to request payment or action from another party before filing a lawsuit in a local small claims court, use our small claims demand letter .

What to Include

Refund demand letter example, how to demand a refund, how to write, refund demand letter sample, frequently asked questions.

A refund letter must lay out your right to a refund, your reasons for requesting a refund, and how and when you expect the refund to be paid. Your refund letter should be concise, demanding payment, and include relevant information.

Essential Information:

• Your address and contact information.
• The address of the business.
• The date on which the letter was sent.
• The refund you are owed and why.
• A reference to the company’s refund policy.
• The amount of time given for the refund to be paid before taking things to the next level.
• How and where the refund should be paid.

The refund demand letter is typically sent before any legal action is taken.

Below is an example of what the body of a refund demand letter should look like. Notice how it sticks to the facts of the case and the order in which those facts are laid out.

You can use this sample letter to create your refund demand letter or our free refund demand letter template, available below.

August 25, 2023

Dear Ava Suzuki,

This letter formally demands a $500 refund — the total amount paid to Phones Pit on August 10, 2023, for a refurbished Samsung Galaxy S10. 

Your company’s refund policy states that if the phone is defective, it may be returned for a full refund. As we discussed in our recent phone conversation, I found the screen cracked, and many controls were unusable when the phone arrived. I have returned the phone and await a refund.

Please refund the balance to the debit card used to purchase by September 5, 2023. A copy of the receipt for the original transaction is attached. If I do not receive payment by this date, I will seek legal remedies and promptly file a consumer complaint with the attorney general’s office. 

Celeste Beaufort

In most cases, if you are unsatisfied with your product or service, there will be some option for you to make a formal request and receive a refund. Follow these steps to send a refund demand letter and consider any potential next steps in demanding your refund.

Step 1: Check the Refund Policy

Before you draft a refund demand letter, check the refund policy. Most companies have some refund policy or warranty. However, a time limit may be within which a refund must be requested.

If that time limit has expired, you may not have a right to a refund. Other companies may have a strict no-refund policy, so look at all the conditions that allow for a refund .

Step 2: Locate Your Purchase Receipt

This is why it’s essential to hold on to purchase receipts. You will need to provide proof of purchase. Your receipt will show the exact amount you paid on the date. This will give the business or the state attorney general evidence of your purchase and will help to back up your demand for a refund .

If you made an online purchase, you will likely have an online receipt rather than a physical receipt. Check your spam or trash folders if you don’t immediately find your purchase receipt.

Step 3: Provide Reason for Refund

In your refund demand letter, you must provide a reason for the refund:

• If this was a service you ordered, you must state why that service did not leave you satisfied.
• If the refund is for purchased goods, you must explain why those goods did not serve the purpose they promised.

Your reason for a refund must fit within the terms of the business’s refund policy .

Step 4: Outline the Payment Details

Make sure that you explain how you would like the payment to be refunded . If you made a cash purchase, you may request a check or money order for a refund. The process will be more straightforward if you purchase the item on a credit or debit card.

Ask for payment to be refunded on the same card with which the good or service was purchased and for which you have the original receipt. The business will have a record of this purchase and can make this refund.

Step 5: Finalize the Demand or Consider Further Action

Sign the demand letter and send it off. From there, if a refund is not made or if the business does not respond to your written request, you may need to consider further action . This should be laid out in your demand letter, as well.

For example, look at the refund demand letter example above. The sender gives a specific date by which they expect the refund to be paid. She states that she will file a consumer complaint with the state attorney general if it is not paid by that date.

Make sure that you promptly follow through if further action is necessary:

• Reach out to your state attorney general to learn how to file a consumer complaint and what your rights may be when it comes to a refund.
• Your local Better Business Bureau or Chamber of Commerce may also respond to your negative review and offer further suggestions for pursuing legal avenues.

Before writing a demand letter, ensure you have the proper documentation, mainly your purchase receipt. If the refund policy demands a product return, return the product before sending a refund demand letter.

Your letter will need your contact information, the business’s street address, and your contact for the refund. From there, state the amount you want to be refunded, the company’s policy, and your reason for requesting a refund.

In the final paragraphs, you should:

• Tell the recipient when you expect to receive the refund.
• Add the next steps you plan to take if they do not refund the payment by that date. Although this may seem aggressive, it is an excellent way to assert your legal rights if you have to take legal action in the future.

Sign the letter and send it to the recipient by certified mail once the letter is finished. You should request a postal service return receipt confirming that the recipient received the refund demand letter by a specific date.

You can use post office receipts in further legal action to prove that the company received your demand letter but did not refund you.

Do I need to hire an attorney to write a refund request letter?

You do not need to hire an attorney to write a refund request letter, especially if you use our free template. However, an attorney can be useful in providing advice and supporting you through possible future legal action.

What if the refund request letter doesn’t work?

If you still do not receive your refund, you should follow through with legal action. Contact your state attorney general’s office about filing a consumer complaint.

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Refund Request Letter

A refund request letter is a formal document addressed to a merchant or service provider, requesting a refund for a product or service that did not meet the expectations of the customer. The letter typically includes details of the purchase, the reason for the refund request, and any supporting documentation such as receipts or order numbers. If you are a merchant or a service provider, you can use this Refund Request Letter from Jotform to collect refund requests with e-signatures on any device.

Feel free to update the terms of this Refund Request Letter, change text fonts and colors, add or remove fields, and make other design changes with our drag-and-drop builder. Once your fully-customized Refund Request Letter is ready to go, share it with customers via email so they can fill it out and submit it in seconds — a great way to minimize messy paperwork and automate your workflow. By streamlining your e-signature process with Jotform Sign , you can save time better spent where it counts.

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• Fee Refund Application

Fee Refund Application: How to Write and Sample Letters

If your fees have been paid and you want your refund for some reason, then write a fee refund application addressing the principal of your school informing about the issue. To write an application for a refund of fees paid, you must know the format for the same. Read the below article to know the format of writing the application for the refund.

How to Write an Application for Refund of Fees Paid?

Application fee refund from college, refund of admission fees in school due to covid-19, frequently asked questions on fee refund application.

In order to get a refund of the fees paid to the school, you will have to write an application mentioning the reasons behind the refund. There can be various reasons like, you get a better opportunity somewhere else, or you want to rethink the admission. Then you can stake a claim for the fees paid. In order to write an application for a refund of your fees paid, you will have to follow the formal letters format we use for other official letters.

The fee refund application should be written to the Principal of the institution following the format mentioned below.

From address

The Principal

Name of School

Respected Sir/Madam,

Body mentioning the details and reasons behind the fee refund.

(Signature)

The application for refund to the school is similar to any application to Principal which we often write. To know the format in detail, check the samples given below.

Samples of Fee Refund Application

Read below to check out samples of the fee refund application letter. The samples have been provided to help you make the refund process easier. You can refer to the samples provided below for a better understanding of the format and the language to be used while writing a fee refund application.

Akriti Sharma

4th Block, Jayanagar

Bhubaneswar

Date: 22nd February 2022

Jain University

Jayanagar, Bangalore

Sub: Request to refund the application fees paid

Respected Sir,

I had applied for the BA English course in your reputed university with application number 23889. I have paid an amount of Rs. 3000/- with transaction ID XXXXX for the application fee. But now I have got an admission at Oxford University, London, and I wish to discontinue the course here, and join the course at Oxford.

Therefore, I kindly request you to cancel my enrollment and refund the amount paid for the application fee to the account number XXXXXXXXXX, Axis Bank. I shall be highly obliged to you for the same

Yours faithfully

AKRITI SHARMA

Contact- 9999999999

Mail- [email protected]

2nd Main Road, Sector – 7

Navi Mumbai, Maharashtra

Marian International School

Sector-7, Navi Mumbai, Maharashtra

Sub: Refund the admission fees in School due to Covid-19.

Respect Sir,

I am Akash Jha, father of Nikhilesh Jha studying in class 2 in section C with admission number XXXX. He joined the school on 1st January 2022. I wish to cancel my child’s admission due to the imposition of lockdown following the COVID-19 outbreak. Since he is already attending online classes in K12 home school, and the lockdown is again imposed around the country, there are fewer chances of reopening schools now. Therefore, I would like to request you to cancel his admission and refund the amount of Rs. 25,000 to the account number XXXXXXXXXXXXXX in ICICI Bank.

I have attached the payment receipt along with the letter for your reference. I shall be highly obliged to you for any help you can provide.

Yours sincerely

Attachment:

• Payment receipt

What is a fee refund application?

A fee refund application is a letter to the principal or the head of an institution written to request a refund of the fee paid for the admission of a child.

How can I write an application for a fee refund?

You can write an application for a fee refund following the formal letter format which we follow while writing any application to the Principal. You can write the application mentioning the details of your child, the payment details, the account details, etc.

Do I need to provide any document along with the fee refund application?

You can provide a copy of the payment receipt as proof that the fees have been paid. You can also provide the bank details for making the refund to your account.

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The electricity company takes too many days to process the refund request. You will have to keep following up with them after submitting this letter. Thanks for the format sir.

How much amount will be refunded? any idea?

The refund amount should be the exactly the amount deposited by you as security deposit in the beginning. If you have not paid any due bills, they may deduct it from the deposit before refunding. The security deposit amount is generally given in all the electricity bills itself. Check it out.

Sir plz reply me. Jaise Ram ka purana electric security 1200 jama tha usne flat shyam ko becha. Ab Shyam name change karane jaa raha hai. Shyam ko 7050 Rs lag raha hai. To kya isi 7050 me 1200 Rs adjust karke 6850 Rs dekar dono kaam ek saath ho sakta hai ya nahi. Yadi iska koi letter ho to plz dijiye bahut achha hota. Thanking u. Plz reply me sir/mam

adjust toh nahi hoga shayad. phir bhi ek bar electricity board officer se baat karlo. iss case me Ram ko pehle apne 1200 security deposit ke refund ke liye apply karna padega. phir woh 1200 milne ke baad woh use Shyam ko de sakta. jisko ki Shyam aur 5850 mila ke , total 7050 de kar naya connection ke liye apply kar sakta he.

Sir/mam mai bijli conection liya hai ab mujhe yad nahi hai ki mai cecurty mint kitana jama kiya hai.phir ek bar lagbhag ek sal pahle notice aya ki cecurty mony jama karawe. phir mai jama karya o bhi yad nahi. hai phir abhi notice aya hai ki 1602₹ present me jama karwe. Phir 824 bailenc dur rahega. Ab mai kaise pta karu ki total cecurty mony dena hai .aur mai kab kitna- kitna- jama kiya hu.

Security Deposit amount kitna jama hai yeh tumhare last month electricity bill check karoge toh pata chal jayega. Bill ko achhese check karo dikh jayega. Agar bill me nahi likha hai toh electricity office me jahan bill payment karte ho wahan bhi puch sakte ho.

How to get my deposit back ? We have ,deposited 15k form our pandal for navtari festival ,and v are not aware of the procedure to get the refund back

Please visit the concerned electricity board office and submit the application for refund of security deposit. You will find the application form there.

What is bank details form and lab report?

How to get my security deposit electric mahavitaran

Please visit the mahavitaran branch office where you had applied for new connection. You can ask them the application form for refund of deposit. They will guide you through the process.

How can we apply for refund security of DHBVN

time limit for pdco issue and security refund

As instructed by the KSEB authorities , I had submitted an application for refund in writing along with the original bill of Security Deposit on 26-10-2021. Now to day one of the official of the KSEB contacted to me and asked to submit the Adahar Card copy etc what is the procedure of refund pl answer me.

Go to KSEB office, and submit whatever documents they are asking.

Mahaviteran is very aggressive & prompt in collecting dues after due date . However they take unduly long time to refund the security deposit. They also insist for original deposit receipts .Since the connections are old majority have to make affadivite which is a additional cost .I have applied off line refund of security deposit and even after 90 days Refund application is not processed .

Mera Security amount 8500 hai pr vo refund nhi kar rhe bol rahe hai kisi or ke bill me adjust karva lo to kya karu

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Home » Letters » Refund Letters » Request Letter for Refund of Security Deposit from Electricity Department

Request Letter for Refund of Security Deposit from Electricity Department

Table of Contents:

• Sample Letter

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To, _________ (Receiver’s Name), _________ (Office Name), _________ (Address)

Date: __/__/____ (Date),

Subject: Request for refund of security deposit

Dear Sir/ Madam,

This letter is in reference to the electricity connection bearing account number ___________ (Account number). My name is _______ (Name) and I am writing this letter in regard to the electricity connection installed at ________ (Address).

I would like to inform you that the above-mentioned electricity connection has been surrendered on __/__/____ (Date) and the security deposit is not yet refunded for the electricity meter. The amount deposited was _______ (Amount).

I most humbly request you to kindly refund the security amount at the earliest. I am attaching a copy of the electricity bill along with this letter. In case of any query arises, you may contact me at _________ (Contact Number).

Yours Truly, ________ (Signature), ________ (Name), ________ (Contact number)

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The letter writing editor allows you to start with predefined templates for drafting your letters:

• Choose a Template: Click one of the template buttons ("Start with Sample Template 1", "Start with Sample Template 2", or "Start with Sample Template 3").
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Click the "Download Letter" button after composing your letter. This triggers a download of a file containing the content of your letter.

Click the "Share via Email" button after composing your letter. Your default email client will open a new message window with the subject "Sharing My Draft Letter" and the content of your letter in the body.

Click the "Share via WhatsApp" button after you've composed your letter. Your default browser will open a new tab prompting you to send the letter as a message to a contact on WhatsApp.

If you want to copy the text of your letter to the clipboard:

• Copy to Clipboard: Click the "Copy to Clipboard" button after composing your letter.
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• The duration for processing security deposit refunds may vary depending on the procedures of the electricity department. However, it is reasonable to expect a refund within a few weeks after the disconnection of the service.
• Yes, attaching a copy of the electricity bill helps provide necessary details and facilitates the processing of the refund request.
• If you haven't received a response within a reasonable period, consider following up with the electricity department either through email or by phone to inquire about the status of your refund.
• Yes, you can submit the refund request letter via email, ensuring that all necessary details are included and attaching a scanned copy of the electricity bill for reference.
• In the subject line, you can mention "Request for Refund of Electricity Security Deposit" followed by your account number for easy identification and reference by the recipient.

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Office of the Revisor of Statutes

• 93rd Legislature
• 2024, Regular Session

Chapter 124

Minnesota session laws - 2024, regular session.

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Key: (1) language to be deleted (2) new language

CHAPTER 124--H.F.No. 4024

relating to higher education; providing for funding and policy and technical changes to certain higher education provisions, including student sexual misconduct, student admissions, student aid, student supports, and institutional registration and contract provisions; modifying the bonding authority of the Minnesota Higher Education Facilities Authority; modifying previous appropriations; establishing fees; requiring reports; appropriating money;

amending Minnesota Statutes 2022, sections 135A.15, as amended; 136A.091, subdivision 3; 136A.1241, subdivision 3; 136A.1701, subdivisions 4, 7; 136A.29, subdivision 9; 136A.62, by adding subdivisions; 136A.63, subdivision 1; 136A.646; 136A.65, subdivision 4; 136A.675, subdivision 2; 136A.69, subdivision 1; 136A.821, subdivision 5, by adding a subdivision; 136A.822, subdivisions 1, 2, 6, 7, 8; 136A.824, subdivisions 1, 2; 136A.828, subdivision 3, by adding a subdivision; 136A.829, subdivision 3, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 135A.121, subdivision 2; 135A.161, by adding a subdivision; 135A.162, subdivision 2; 136A.1241, subdivision 5; 136A.1465, subdivisions 1, 2, 3, 4, 5; 136A.62, subdivision 3; 136A.833, subdivision 2; 136F.38, subdivision 3; Laws 2022, chapter 42, section 2; Laws 2023, chapter 41, article 1, sections 2, subdivisions 35, 36, 49, as amended; 4, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 137; repealing Minnesota Statutes 2022, section 135A.16; Minnesota Statutes 2023 Supplement, section 135A.162, subdivision 7.

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

HIGHER EDUCATION APPROPRIATIONS

Laws 2022, chapter 42, section 2, is amended to read:, appropriation; als research..

(a) deleted text begin $20,000,000 deleted text end new text begin $396,000 new text end in fiscal year 2023 is appropriated from the general fund to the commissioner of the Office of Higher Education to award competitive grants to applicants for research into amyotrophic lateral sclerosis (ALS). The commissioner may work with the Minnesota Department of Health to administer the grant program, including identifying clinical and translational research and innovations, developing outcomes and objectives with the goal of bettering the lives of individuals with ALS and finding a cure for the disease, and application review and grant recipient selection. Not more than deleted text begin $400,000 deleted text end new text begin $396,000 new text end may be used by the commissioner to administer the grant program. new text begin This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16A.28, unencumbered balances under this section do not cancel until June 30, 2026. new text end

new text begin (b) $19,604,000 in fiscal year 2024 is appropriated from the general fund to the commissioner of the Office of Higher Education to award competitive grants to applicants for research into amyotrophic lateral sclerosis (ALS). The commissioner may work with the Minnesota Department of Health to administer the grant program, including identifying clinical and translational research and innovations, developing outcomes and objectives with the goal of bettering the lives of individuals with ALS and finding a cure for the disease, and application review and grant recipient selection. Up to $15,000,000 may be used by the commissioner for grants to the Amyotrophic Lateral Sclerosis Association, Never Surrender, or other similar organizations to award and administer competitive grants to applicants for research into ALS under this section. This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16A.28, unencumbered balances under this section do not cancel until June 30, 2029. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the commissioner, the Amyotrophic Lateral Sclerosis Association, Never Surrender, and other similar organizations may use up to a total of five percent of this appropriation for administrative costs. new text end

deleted text begin (b) deleted text end new text begin (c) new text end Grants shall be awarded to support clinical and translational research related to ALS. Research topics may include but are not limited to environmental factors, disease mechanisms, disease models, biomarkers, drug development, clinical studies, precision medicine, medical devices, assistive technology, and cognitive studies.

deleted text begin (c) deleted text end new text begin (d) new text end Eligible applicants for the grants are research facilities, universities, and health systems located in Minnesota. Applicants must submit proposals to the commissioner in the time, form, and manner established by the commissioner. Applicants may coordinate research endeavors and submit a joint application. When reviewing the proposals, the commissioner shall make an effort to avoid approving a grant for an applicant whose research is duplicative of an existing grantee's research.

deleted text begin (d) deleted text end new text begin (e) new text end Beginning January 15, 2023, and annually thereafter until January 15, deleted text begin 2027 deleted text end new text begin 2030 new text end , the commissioner shall submit a report to the legislature specifying the applicants receiving grants under this section, the amount of each grant, the purposes for which the grant funds were used, and the amount of the appropriation that is unexpended. The report must also include relevant findings, results, and outcomes of the grant program, and any other information which the commissioner deems significant or useful.

deleted text begin (e) This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16A.28 , unencumbered balances under this section do not cancel until June 30, 2026. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Laws 2023, chapter 41, article 1, section 2, subdivision 35, is amended to read:

For the Hunger-Free Campus program under Minnesota Statutes, section 135A.137 . Of this amount, up to $500,000 the first year is for grants not to exceed $25,000 to institutions for equipment necessary to operate an on-campus food pantry new text begin , and is available until June 30, 2026 new text end . The commissioner shall establish an application and process for distributing the grant funds. deleted text begin This appropriation is available until June 30, 2026. deleted text end

Laws 2023, chapter 41, article 1, section 2, subdivision 36, is amended to read:

$4,247,000 the first year and deleted text begin $4,416,000 deleted text end new text begin $9,456,000 new text end the second year are for grants to eligible students under Minnesota Statutes, section 136A.1241 . The Office of Higher Education may use no more than three percent of the appropriation to administer grants. new text begin The base for this appropriation is $4,416,000 for fiscal year 2026 and thereafter. new text end

Laws 2023, chapter 41, article 1, section 2, subdivision 49, as amended by Laws 2024, chapter 85, section 111, is amended to read:

deleted text begin $117,226,000 deleted text end new text begin $112,186,000 new text end the second year is transferred from the general fund to the account in the special revenue fund under Minnesota Statutes, section 136A.1465, subdivision 8 . The base for the transfer is $49,500,000 in fiscal year 2026 and thereafter.

Laws 2023, chapter 41, article 1, section 4, subdivision 2, is amended to read:

(a) $15,000,000 in fiscal year 2024 and $15,000,000 in fiscal year 2025 are to: (1) increase the medical school's research capacity; (2) improve the medical school's ranking in National Institutes of Health funding; (3) ensure the medical school's national prominence by attracting and retaining world-class faculty, staff, and students; (4) invest in physician training programs in rural and underserved communities; and (5) translate the medical school's research discoveries into new treatments and cures to improve the health of Minnesotans.

(b) $7,800,000 in fiscal year 2024 and $7,800,000 in fiscal year 2025 are for health training restoration. This appropriation must be used to support all of the following: (1) faculty physicians who teach at eight residency program sites, including medical resident and student training programs in the Department of Family Medicine; (2) the Mobile Dental Clinic; and (3) expansion of geriatric education and family programs.

(c) $4,000,000 in fiscal year 2024 and $4,000,000 in fiscal year 2025 are for the Minnesota Discovery, Research, and InnoVation Economy funding program for cancer care research.

(d) $500,000 in fiscal year 2024 and $500,000 in fiscal year 2025 are for the University of Minnesota, Morris branch, to cover the costs of tuition waivers under Minnesota Statutes, section 137.16 .

(e) $5,000,000 in fiscal year 2024 and $5,000,000 in fiscal year 2025 are for systemwide safety and security measures on University of Minnesota campuses. The base amount for this appropriation is $1,000,000 in fiscal year 2026 and later.

(f) $366,000 in fiscal year 2024 and $366,000 in fiscal year 2025 are for unemployment insurance aid under Minnesota Statutes, section 268.193 .

(g) $10,000,000 the first year is for programs at the University of Minnesota Medical School deleted text begin Campus on the deleted text end CentraCare Health System Campus in St. Cloud. This appropriation may be used for tuition support, deleted text begin a residency program, a rural health research program, a program to target scholarships to students from diverse backgrounds, and a scholarship program targeted at students who will practice in rural areas deleted text end new text begin including a scholarship program targeted at students who will practice in rural areas and targeted at students from diverse backgrounds; costs associated with opening and operating a new regional campus; costs associated with the expansion of a residency program; and costs associated with starting and operating a rural health research program new text end . This appropriation is available until June 30, 2027, and must be spent deleted text begin on deleted text end new text begin for activities on or associated with new text end the CentraCare Health System Campus in the greater St. Cloud area. This is a onetime appropriation.

(h) $374,000 the first year and $110,000 the second year are to pay the cost of supplies and equipment necessary to provide access to menstrual products for purposes of article 2, section 2.

(i) The total operations and maintenance base for fiscal year 2026 and later is $672,294,000.

new text begin APPROPRIATION; KIDS ON CAMPUS INITIATIVE. new text end

new text begin $500,000 in fiscal year 2025 is appropriated from the general fund to the Board of Trustees of the Minnesota State Colleges and Universities to participate in the Kids on Campus initiative with the National Head Start Association and the Association of Community College Trustees. This appropriation may be used for a temporary statewide project coordinator, stipends to campuses and Head Start centers where letters of intent to officially form a partnership have been signed, engaging with local Head Start programs, and other costs associated with creating campus Head Start partnerships. Stipends shall be used to support the formation of parenting student advisory panels to gather perspective and feedback on proposed partnerships. The duties of the temporary statewide project coordinator include assessing the feasibility of partnerships between Minnesota State Colleges and Universities campuses and Head Start programs across the state, consulting with the Minnesota Head Start Association and existing Head Start partnership programs to develop best practices, working with campus-based navigators for parenting students to provide resources for financial aid and basic needs support to Head Start programs, and developing strategies to grow the early childhood care and education workforce through partnerships between Head Start programs and early childhood degree and certificate programs. This is a onetime appropriation and is available until June 30, 2026. new text end

POLICY PROVISIONS

New text begin [135a.062] consideration of criminal records limited. new text end, new text begin subdivision 1. new text end, new text begin applicability. new text end.

new text begin This section applies to postsecondary institutions under section 136A.155, clause (1), except that the Board of Regents of the University of Minnesota is requested to comply with this section. new text end

new text begin Subd. 2. new text end

New text begin definition. new text end.

new text begin As used in this section, "a violent felony or sexual assault" includes a felony-level violation or attempted violation of section 609.185; 609.19; 609.195; 609.20; 609.221; 609.2242, subdivision 4; 609.2247; 609.245, subdivision 1; 609.247, subdivision 2; 609.282; 609.322; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3458; 609.561, subdivision 1 or 2; 609.582, subdivision 1; 609.66, subdivision 1e; or 609.749; or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of these sections. new text end

new text begin Subd. 3. new text end

New text begin consideration of criminal records limited. new text end.

new text begin A postsecondary institution may not inquire into, consider, or require disclosure of the criminal record or criminal history of an applicant for admission. After a postsecondary institution has made an offer of admission, the postsecondary institution may inquire into, consider, or require disclosure of a conviction or delinquency adjudication that occurred within the previous five years for a violent felony or sexual assault. The postsecondary institution must provide the applicant with an opportunity to submit an explanatory statement, letters of recommendation, evidence of rehabilitation, and any other supporting documents. The institution must provide clear and detailed instructions and guidance to applicants related to what criminal history requires disclosure. The institution must not require the applicant to provide official records of criminal history. A postsecondary institution that rescinds an offer of admission must: new text end

new text begin (1) provide an explanation of the basis for the decision to rescind the offer of admission; and new text end

new text begin (2) provide the applicant with an opportunity to appeal the decision to rescind. new text end

new text begin Subd. 4. new text end

New text begin other information. new text end.

new text begin This section shall not prohibit or limit a postsecondary institution from inquiring about student conduct records at the applicant's prior postsecondary institution after making an offer of admission. This section shall not prohibit or limit a postsecondary institution from inquiring about a student's ability to meet licensure requirements in a professional program after making an offer of admission. new text end

new text begin Subd. 5. new text end

New text begin limitation on admissibility. new text end.

new text begin (a) A postsecondary institution that complies with this section is immune from liability in a civil action arising out of the institution's decision to admit a student with a criminal history or the institution's failure to conduct a criminal background check. new text end

new text begin (b) Nothing in this section creates or establishes a legal duty upon a postsecondary institution to inquire into or require disclosure of the criminal history or criminal convictions of a student or an applicant for admission. new text end

Minnesota Statutes 2023 Supplement, section 135A.121, subdivision 2, is amended to read:

Eligibility..

To be eligible each year for the program a student must:

(1) be enrolled in an undergraduate certificate, diploma, or degree program at the University of Minnesota or a Minnesota state college or university;

(2) be either (i) a Minnesota resident for resident tuition purposes who is an enrolled member or citizen of a federally recognized American Indian Tribe or Canadian First Nation, or (ii) an enrolled member or citizen of a Minnesota Tribal Nation, regardless of resident tuition status; deleted text begin and deleted text end

(3) have not (i) obtained a baccalaureate degree, or (ii) been enrolled for deleted text begin 180 credits deleted text end new text begin 12 semesters new text end or the equivalent, excluding courses taken that qualify as developmental education or below college-level deleted text begin . deleted text end new text begin ; and new text end

new text begin (4) meet satisfactory academic progress as defined under section 136A.101, subdivision 10. new text end

new text begin [135A.144] TRANSCRIPT ACCESS. new text end

New text begin definitions. new text end.

new text begin (a) The terms defined in this subdivision apply to this section. new text end

new text begin (b) "Debt" means any money, obligation, claim, or sum, due or owed, or alleged to be due or owed, from a student. Debt does not include the fee, if any, charged to all students for the actual costs of providing the transcripts. new text end

new text begin (c) "School" means a public institution governed by the Board of Trustees of the Minnesota State Colleges and Universities, private postsecondary educational institution as defined under section 136A.62 or 136A.821, or public or private entity that is responsible for providing transcripts to current or former students of an educational institution. Institutions governed by the Board of Regents of the University of Minnesota are requested to comply with this section. new text end

new text begin (d) "Transcript" means the statement of an individual's academic record, including official transcripts or the certified statement of an individual's academic record provided by a school, and unofficial transcripts or the uncertified statement of an individual's academic record provided by a school. new text end

new text begin Prohibited practices. new text end

new text begin (a) A school must not refuse to provide a transcript for a current or former student because the student owes a debt to the school if: new text end

new text begin (1) the debt owed is less than $1,000; new text end

new text begin (2) the student has entered into and, as determined by the institution, is in compliance with a payment plan with the school; new text end

new text begin (3) the transcript request is made by a prospective employer for the student; new text end

new text begin (4) the school has sent the debt for repayment to the Department of Revenue or to a collection agency, as defined in section 332.31, subdivision 3, external to the institution and the debt has not been returned to the institution unpaid; or new text end

new text begin (5) the person is incarcerated at a Minnesota correctional facility. new text end

new text begin (b) A school must not charge an additional or higher fee for obtaining a transcript or provide less favorable treatment of a transcript request because a student owes a debt to the originating school. new text end

new text begin Institutional policy. new text end

new text begin (a) A school that uses transcript issuance as a tool for debt collection must have a policy accessible to students that outlines how the school collects on debts owed to the school. new text end

new text begin (b) A school shall seek to use transcript issuance as a tool for debt collection for the fewest number of cases possible and in a manner that allows for the quickest possible resolution of the debt benefitting the student's educational progress. new text end

Minnesota Statutes 2022, section 135A.15, as amended by Laws 2023, chapter 52, article 5, section 79, is amended to read:

135a.15 new text begin campus new text end sexual deleted text begin harassment and violence deleted text end new text begin misconduct new text end policy., subdivision 1., applicability; policy required..

(a) This section applies to the following postsecondary institutions:

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

(2) private postsecondary institutions that offer in-person courses on a campus located in Minnesota and which are eligible institutions as defined in section 136A.103 , deleted text begin provided that a private postsecondary institution with a systemwide enrollment of fewer than 100 students in the previous academic year is exempt from subdivisions 4 to 10 deleted text end new text begin 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 new text end .

Institutions governed by the Board of Regents of the University of Minnesota are requested to comply with this section.

(b) A postsecondary institution must adopt a clear, understandable written policy on sexual deleted text begin harassment and sexual violence deleted text end new text begin misconduct new text end that informs victims of their rights under the crime victims bill of rights, including the right to assistance from the Crime Victims Reimbursement Board and the commissioner of public safety. The policy must apply to students and employees and must provide information about their rights and duties. The policy must apply to criminal incidents against a student or employee of a postsecondary institution occurring on property owned or leased by the postsecondary system or institution or at any activity, program, organization, or event sponsored by the system or institution, or by a fraternity deleted text begin and deleted text end new text begin or new text end sorority new text begin , or any activity, program, organization, or event sponsored by the system or institution, or by a fraternity or sorority, regardless of whether the activity, program, organization, or event occurs on or off property owned or leased by the postsecondary system or institution new text end . It must include procedures for reporting incidents of sexual deleted text begin harassment or sexual violence deleted text end new text begin misconduct new text end and for disciplinary actions against violators. During student registration, a postsecondary institution shall provide each student with information regarding its policy. A copy of the policy also shall be posted at appropriate locations on campus at all times.

deleted text begin Sexual assault definition deleted text end new text begin Definitions new text end .

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

new text begin (b) "Advisor" means a person who is selected by a responding or reporting party to serve as a support during a campus investigation and disciplinary process. This person may be an attorney. An advisor serves as a support to a party by offering comfort or attending meetings. new text end

new text begin (c) "Domestic violence" has the meaning giving in section 518B.01, subdivision 2. new text end

deleted text begin (b) deleted text end new text begin (d) new text end "Incident" means one report of sexual deleted text begin assault deleted text end new text begin misconduct new text end to a postsecondary institution, regardless of the number of complainants included in the report, the number of respondents included in the report, and whether or not the identity of any party is known by the reporting postsecondary institution. Incident encompasses all nonconsensual events included within one report if multiple events have been identified.

new text begin (e) "Intimate partner violence" means any physical or sexual harm or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior against an individual, that may be classified as a sexual misconduct, dating violence, or domestic violence caused by: new text end

new text begin (1) a current or former spouse of the individual; or new text end

new text begin (2) a person in a sexual or romantic relationship with the individual. new text end

new text begin (f) "Nonconsensual dissemination of sexual images" has the meaning given in section 617.261. new text end

new text begin (g) "Reporting party" means the party in a disciplinary proceeding who has reported being subjected to conduct or communication that could constitute sexual misconduct. new text end

new text begin (h) "Responding party" means the party in a disciplinary proceeding who has been reported to be the perpetrator of conduct or communication that could constitute sexual misconduct. new text end

deleted text begin (c) deleted text end new text begin (i) new text end "Sexual assault" means rape, sex offenses - fondling, sex offenses - incest, or sex offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart D, appendix A, as amended.

new text begin (j) "Sexual extortion" has the meaning given in section 609.3458. new text end

new text begin (k) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a. new text end

new text begin (l) "Sexual harassment" has the meaning given in section 363A.03, subdivision 43. new text end

new text begin (m) "Sexual misconduct" means an incident of sexual violence, intimate partner violence, domestic violence, sexual assault, sexual harassment, nonconsensual distribution of sexual images, sexual extortion, nonconsensual dissemination of a deepfake depicting intimate parts or sexual acts, sex trafficking, or stalking. new text end

new text begin (n) "Stalking" has the meaning given in section 609.749. new text end

Victims' rights.

new text begin (a) new text end The policy required under subdivision 1 shall, at a minimum, require that students and employees be informed of the policy, and shall include provisions for:

(1) filing criminal charges with local law enforcement officials in deleted text begin sexual assault deleted text end cases new text begin defined as sexual misconduct that may constitute criminal behavior new text end ;

(2) the prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of a sexual deleted text begin assault deleted text end new text begin misconduct new text end incident;

(3) allowing sexual deleted text begin assault deleted text end new text begin misconduct new text end victims to decide whether to report a case to law enforcement new text begin or not report altogether; participate in a campus investigation, disciplinary proceeding, or nondisciplinary informal resolution; or not participate altogether new text end ;

(4) requiring campus authorities to treat sexual deleted text begin assault deleted text end new text begin misconduct new text end victims with dignity;

(5) requiring campus authorities to offer sexual deleted text begin assault deleted text end new text begin misconduct new text end victims fair and respectful health care, counseling services, or referrals to such services;

(6) preventing campus authorities from suggesting to a victim of sexual deleted text begin assault deleted text end new text begin misconduct new text end that the victim is at fault for the crimes or violations that occurred;

(7) preventing campus authorities from suggesting to a victim of sexual deleted text begin assault deleted text end new text begin misconduct new text end that the victim should have acted in a different manner to avoid such a crime;

(8) subject to deleted text begin subdivision deleted text end new text begin subdivisions 2a and new text end 10, protecting the privacy of sexual deleted text begin assault deleted text end new text begin misconduct new text end victims by only disclosing data collected under this section to the victim, persons whose work assignments reasonably require access, and, at a sexual deleted text begin assault deleted text end new text begin misconduct new text end victim's request, police conducting a criminal investigation;

(9) an investigation and resolution of a sexual deleted text begin assault deleted text end new text begin misconduct new text end complaint by campus disciplinary authorities;

(10) a sexual deleted text begin assault deleted text end new text begin misconduct new text end victim's participation in and the presence of the victim's deleted text begin attorney or other support person who is not a fact witness to the sexual assault deleted text end new text begin advisor new text end at any meeting with campus officials concerning the victim's sexual deleted text begin assault deleted text end new text begin misconduct new text end complaint or campus disciplinary proceeding concerning a sexual deleted text begin assault deleted text end new text begin misconduct new text end complaint;

(11) ensuring that a sexual deleted text begin assault deleted text end new text begin misconduct new text end victim may decide when to repeat a description of the incident of sexual deleted text begin assault deleted text end new text begin misconduct new text end ;

(12) notice to a sexual deleted text begin assault deleted text end new text begin misconduct new text end victim of the availability of a campus or local program providing deleted text begin sexual assault deleted text end new text begin victim new text end advocacy services and information on free legal resources and services;

(13) notice to a sexual deleted text begin assault deleted text end new text begin misconduct new text end victim of the outcome of any campus disciplinary proceeding concerning a sexual deleted text begin assault deleted text end new text begin misconduct new text end complaint, consistent with laws relating to data practices;

(14) the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual deleted text begin assault deleted text end new text begin misconduct new text end incident;

(15) the assistance of campus authorities new text begin , at the request of the sexual misconduct victim, new text end in preserving deleted text begin for a sexual assault complainant or victim deleted text end materials relevant to a campus disciplinary proceeding;

(16) during and after the process of investigating a complaint and conducting a campus disciplinary procedure, the assistance of campus personnel, in cooperation with the appropriate law enforcement authorities, at a sexual deleted text begin assault deleted text end new text begin misconduct new text end victim's request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes or to alternative college-owned housing, if alternative classes or housing are available and feasible;

(17) forbidding retaliation, and establishing a process for investigating complaints of retaliation, against sexual deleted text begin assault deleted text end new text begin misconduct new text end victims by campus authorities, the accused, organizations affiliated with the accused, other students, and other employees;

(18) at the request of the victim, providing students who reported sexual deleted text begin assaults deleted text end new text begin misconduct new text end to the institution and subsequently choose to transfer to another postsecondary institution with information about resources for victims of sexual deleted text begin assault deleted text end new text begin misconduct new text end at the institution to which the victim is transferring; and

(19) consistent with laws governing access to student records, providing a student who reported an incident of sexual deleted text begin assault deleted text end new text begin misconduct new text end with access to the student's description of the incident as it was reported to the institution, including if that student transfers to another postsecondary institution.

new text begin (b) None of the rights given to a student by the policy required by subdivision 1 may be made contingent upon the victim entering into a nondisclosure agreement or other contract restricting the victim's ability to discuss information in connection with a sexual misconduct complaint, investigation, or hearing. new text end

new text begin (c) A nondisclosure agreement or other contract restricting the victim's ability to discuss information in connection with a sexual misconduct complaint, investigation, or hearing may not be used as a condition of financial aid or remedial action. new text end

new text begin Subd. 2a. new text end

New text begin campus investigation and disciplinary hearing procedures. new text end.

new text begin (a) A postsecondary institution must provide a reporting party an opportunity for an impartial, timely, and thorough investigation of a report of sexual misconduct against a student. If an investigation reveals that sexual misconduct has occurred, the institution must take prompt and effective steps reasonably calculated to end the sexual misconduct, prevent its recurrence, and, as appropriate, remedy its effects. new text end

new text begin (b) Throughout any investigation or disciplinary proceeding, a postsecondary institution must treat the reporting parties, responding parties, witnesses, and other participants in the proceeding with dignity and respect. new text end

new text begin (c) If a postsecondary institution conducts a hearing, an advisor may provide opening and closing remarks on behalf of a party or assist with formulating questions to the other party or witnesses about related evidence or credibility. new text end

Uniform amnesty.

The sexual deleted text begin harassment and violence deleted text end new text begin misconduct new text end policy required by subdivision 1 must include a provision that a witness or victim of an incident of sexual deleted text begin assault deleted text end new text begin misconduct new text end who reports the incident in good faith shall not be sanctioned by the institution for admitting in the report to a violation of the institution's student conduct policy on the personal use of drugs or alcohol.

Coordination with local law enforcement.

(a) A postsecondary institution must enter into a memorandum of understanding with the primary local law enforcement agencies that serve its campus. The memorandum must be entered into no later than January 1, 2017, and updated every two years thereafter. This memorandum shall clearly delineate responsibilities and require information sharing, in accordance with applicable state and federal privacy laws, about certain crimes including, but not limited to, sexual assault. This memorandum of understanding shall provide:

(1) delineation and sharing protocols of investigative responsibilities;

(2) protocols for investigations, including standards for notification and communication and measures to promote evidence preservation; and

(3) a method of sharing information about specific crimes, when directed by the victim, and a method of sharing crime details anonymously in order to better protect overall campus safety.

(b) Prior to the start of each academic year, a postsecondary institution shall distribute an electronic copy of the memorandum of understanding to all employees on the campus that are subject to the memorandum.

(c) An institution is exempt from the requirement that it develop a memorandum of understanding under this section if the institution and local or county law enforcement agencies establish a sexual deleted text begin assault deleted text end new text begin misconduct new text end protocol team to facilitate effective cooperation and collaboration between the institution and law enforcement.

Online reporting system.

(a) A postsecondary institution must provide an online reporting system to receive complaints of sexual deleted text begin harassment and sexual violence deleted text end new text begin misconduct new text end from students and employees. The system must permit anonymous reports, provided that the institution is not obligated to investigate an anonymous report unless a formal report is submitted through the process established in the institution's sexual deleted text begin harassment and sexual violence deleted text end new text begin misconduct new text end policy.

(b) A postsecondary institution must provide students making reports under this subdivision with information about who will receive and have access to the reports filed, how the information gathered through the system will be used, and contact information for on-campus and off-campus organizations serving victims of sexual deleted text begin violence deleted text end new text begin misconduct new text end .

(c) Data collected under this subdivision is classified as private data on individuals as defined by section 13.02, subdivision 12 . Postsecondary institutions not otherwise subject to chapter 13 must limit access to the data to only the data subject and persons whose work assignments reasonably require access.

Data collection and reporting.

(a) Postsecondary institutions must annually report statistics on sexual deleted text begin assault deleted text end new text begin misconduct new text end . This report must be prepared in addition to any federally required reporting on campus security, including reports required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States Code, title 20, section 1092(f). The report must include, but not be limited to, the number of incidents of sexual deleted text begin assault deleted text end new text begin misconduct of each offense listed under the definition in subdivision 1a, new text end reported to the institution in the previous calendar year, as follows:

(1) the number that were investigated by the institution;

(2) the number that were referred for a disciplinary proceeding at the institution;

(3) the number the victim chose to report to local or state law enforcement;

(4) the number for which a campus disciplinary proceeding is pending, but has not reached a final resolution;

(5) the number in which the alleged perpetrator was found responsible by the disciplinary proceeding at the institution;

(6) the number that resulted in any action by the institution greater than a warning issued to the accused;

(7) the number that resulted in a disciplinary proceeding at the institution that closed without resolution;

(8) the number that resulted in a disciplinary proceeding at the institution that closed without resolution because the accused withdrew from the institution;

(9) the number that resulted in a disciplinary proceeding at the institution that closed without resolution because the victim chose not to participate in the procedure; and

(10) the number of reports made through the online reporting system established in subdivision 5, excluding reports submitted anonymously.

(b) If an institution previously submitted a report indicating that one or more disciplinary proceedings was pending, but had not reached a final resolution, and one or more of those disciplinary proceedings reached a final resolution within the previous calendar year, that institution must submit updated totals from the previous year that reflect the outcome of the pending case or cases.

(c) The reports required by this subdivision must be submitted to the Office of Higher Education by October 1 of each year. Each report must contain the data required under paragraphs (a) and (b) from the previous calendar year.

(d) The commissioner of the Office of Higher Education shall calculate statewide numbers for each data item reported by an institution under this subdivision. The statewide numbers must include data from postsecondary institutions that the commissioner could not publish due to federal laws governing access to student records.

(e) The Office of Higher Education shall publish on its website:

(1) the statewide data calculated under paragraph (d); and

(2) the data items required under paragraphs (a) and (b) for each postsecondary institution in the state.

Each postsecondary institution shall publish on the institution's website the data items required under paragraphs (a) and (b) for that institution.

(f) Reports and data required under this subdivision must be prepared and published as summary data, as defined in section 13.02, subdivision 19 , and must be consistent with applicable law governing access to educational data. If an institution or the Office of Higher Education does not publish data because of applicable law, the publication must explain why data are not included.

Access to data; audit trail.

(a) Data on incidents of sexual deleted text begin assault deleted text end new text begin misconduct new text end shared with campus security officers or campus administrators responsible for investigating or adjudicating complaints of sexual deleted text begin assault deleted text end new text begin misconduct new text end are classified as private data on individuals as defined by section 13.02, subdivision 12 , for the purposes of postsecondary institutions subject to the requirements of chapter 13. Postsecondary institutions not otherwise subject to chapter 13 must limit access to the data to only the data subject and persons whose work assignments reasonably require access.

(b) Only individuals with explicit authorization from an institution may enter, update, or access electronic data related to an incident of sexual deleted text begin assault deleted text end new text begin misconduct new text end collected, created, or maintained under this section. The ability of authorized individuals to enter, update, or access these data must be limited through the use of role-based access that corresponds to the official duties or training level of the individual and the institutional authorization that grants access for that purpose. All actions in which the data related to an incident of sexual deleted text begin assault deleted text end new text begin misconduct new text end are entered, updated, accessed, shared, or disseminated outside of the institution must be recorded in a data audit trail. An institution shall immediately and permanently revoke the authorization of any individual determined to have willfully entered, updated, accessed, shared, or disseminated data in violation of this subdivision or any provision of chapter 13. If an individual is determined to have willfully gained access to data without explicit authorization, the matter shall be forwarded to a county attorney for prosecution.

Comprehensive training.

(a) A postsecondary institution must provide campus security officers and campus administrators responsible for investigating or adjudicating complaints of sexual deleted text begin assault deleted text end new text begin misconduct new text end with comprehensive training on preventing and responding to sexual deleted text begin assault deleted text end new text begin misconduct new text end in collaboration with the Bureau of Criminal Apprehension or another law enforcement agency with expertise in criminal sexual conduct. The training for campus security officers shall include a presentation on the dynamics of sexual assault, neurobiological responses to trauma, and best practices for preventing, responding to, and investigating sexual deleted text begin assault deleted text end new text begin misconduct new text end . The training for campus administrators responsible for investigating or adjudicating complaints on sexual deleted text begin assault deleted text end new text begin misconduct new text end shall include presentations on preventing sexual deleted text begin assault deleted text end new text begin misconduct new text end , responding to incidents of sexual deleted text begin assault deleted text end new text begin misconduct new text end , the dynamics of sexual assault, neurobiological responses to trauma, and compliance with state and federal laws on sexual deleted text begin assault deleted text end new text begin misconduct new text end .

(b) The following categories of students who attend, or will attend, one or more courses on campus or will participate in on-campus activities must be provided sexual deleted text begin assault deleted text end new text begin misconduct new text end training:

(1) students pursuing a degree or certificate;

(2) students who are taking courses through the Postsecondary Enrollment Options Act; and

(3) any other categories of students determined by the institution.

Students must complete such training no later than ten business days after the start of a student's first semester of classes. Once a student completes the training, institutions must document the student's completion of the training and provide proof of training completion to a student at the student's request. Students enrolled at more than one institution within the same system at the same time are only required to complete the training once.

The training shall include information about topics including but not limited to sexual deleted text begin assault deleted text end new text begin misconduct new text end as defined in subdivision 1a; consent as defined in section 609.341, subdivision 4; preventing and reducing the prevalence of sexual deleted text begin assault deleted text end new text begin misconduct new text end ; procedures for reporting campus sexual deleted text begin assault deleted text end new text begin misconduct new text end ; and campus resources on sexual deleted text begin assault deleted text end new text begin misconduct new text end , including organizations that support victims of sexual deleted text begin assault deleted text end new text begin misconduct new text end .

(c) A postsecondary institution shall annually train individuals responsible for responding to reports of sexual deleted text begin assault deleted text end new text begin misconduct new text end . This training shall include information about best practices for interacting with victims of sexual deleted text begin assault deleted text end new text begin misconduct new text end , including how to reduce the emotional distress resulting from the reporting, investigatory, and disciplinary process.

new text begin (d) To the extent possible, trainings must be culturally responsive and address the unique experiences and challenges faced by students based on race, ethnicity, color, national origin, disability, socioeconomic status, religion, sex, gender identity, sexual orientation, and pregnancy or parenting status. new text end

Student health services.

(a) An institution's student health service providers must screen students for incidents of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end . Student health service providers shall offer students information on resources available to victims and survivors of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end including counseling, mental health services, and procedures for reporting incidents to the institution.

(b) Each institution offering student health or counseling services must designate an existing staff member or existing staff members as confidential resources for victims of sexual deleted text begin violence or sexual harassment deleted text end new text begin misconduct new text end . The confidential resource must be available to meet with victims of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end . The confidential resource must provide victims with information about locally available resources for victims of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end including, but not limited to, mental health services and legal assistance. The confidential resource must provide victims with information about the process for reporting an incident of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end to campus authorities or local law enforcement. The victim shall decide whether to report an incident of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end to campus authorities or local law enforcement. Confidential resources must be trained in all aspects of responding to incidents of sexual deleted text begin violence and sexual harassment deleted text end new text begin misconduct new text end including, but not limited to, best practices for interacting with victims of trauma, preserving evidence, campus disciplinary and local legal processes, and locally available resources for victims. Data shared with a confidential resource is classified as sexual assault communication data as defined by section 13.822, subdivision 1 .

Applicability of other laws.

This section does not exempt mandatory reporters from the requirements of section 626.557 or chapter 260E governing the reporting of maltreatment of minors or vulnerable adults. Nothing in this section limits the authority of an institution to comply with other applicable state or federal laws related to investigations or reports of sexual deleted text begin harassment, sexual violence, or sexual assault deleted text end new text begin misconduct new text end .

new text begin This section is effective August 1, 2025. new text end

new text begin [135A.1581] NAVIGATORS FOR PARENTING STUDENTS. new text end

new text begin (a) This section applies to the following postsecondary institutions: new text end

new text begin (1) institutions governed by the Board of Trustees of the Minnesota State Colleges and Universities; and new text end

new text begin (2) private postsecondary institutions that offer in-person courses on a campus located in Minnesota and which are eligible institutions as defined in section 136A.103. new text end

new text begin (b) Institutions governed by the Board of Regents of the University of Minnesota are requested to comply with this section. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Institutions of higher education" means an institution of higher education under subdivision 1. new text end

new text begin (c) "Parenting student" means a student enrolled at an institution of higher education who is the parent or legal guardian of or can claim as a dependent a child under the age of 18. new text end

new text begin Navigators. new text end

new text begin An institution of higher education must designate at least one employee of the institution to act as a college navigator for current or incoming students at the institution who are parenting students. The navigator must provide to the students information regarding support services and other resources available to the students at the institution, including: new text end

new text begin (1) medical and behavioral health coverage and services; new text end

new text begin (2) public benefit programs, including programs related to food security, affordable housing, and housing subsidies; new text end

new text begin (3) parenting and child care resources; new text end

new text begin (4) employment assistance; new text end

new text begin (5) transportation assistance; and new text end

new text begin (6) any other resources developed by the institution to assist the students, including student academic success strategies. new text end

new text begin Report. new text end

new text begin (a) By June 30, 2026, an institution of higher education must establish a process for collecting the parenting status of each enrolled student. By November 30, 2026, the Office of Higher Education shall establish a process for collecting this information from institutions. new text end

new text begin (b) Annually, beginning January 15, 2028, the Office of Higher Education must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education and children, youth, and families. The report must include the following for parenting students: new text end

new text begin (1) summary demographic data; new text end

new text begin (2) enrollment patterns; new text end

new text begin (3) retention rates; new text end

new text begin (4) completion rates; new text end

new text begin (5) average cumulative debt at exit or graduation as possible; and new text end

new text begin (6) time to completion. new text end

new text begin Data must be disaggregated by institution, academic year, race and ethnicity, gender, and other factors determined to be relevant by the commissioner. new text end

new text begin [135A.1582] PROTECTIONS FOR PREGNANT AND PARENTING STUDENTS. new text end

new text begin (a) For the purpose of this section, the following term has the meaning given. new text end

new text begin (b) "Parenting student" means a student enrolled at a public college or university who is the parent or legal guardian of or can claim as a dependent a child under the age of 18. new text end

new text begin Rights and protections. new text end

new text begin (a) A Minnesota state college or university may not require and the University of Minnesota is requested not to require a pregnant or parenting student, solely because of the student's status as a pregnant or parenting student or due to issues related to the student's pregnancy or parenting, to: new text end

new text begin (1) take a leave of absence or withdraw from the student's degree or certificate program; new text end

new text begin (2) limit the student's studies; new text end

new text begin (3) participate in an alternative program; new text end

new text begin (4) change the student's major, degree, or certificate program; or new text end

new text begin (5) refrain from joining or cease participating in any course, activity, or program at the college or university. new text end

new text begin (b) A Minnesota state college or university shall provide and the University of Minnesota is requested to provide reasonable modifications to a pregnant student, including modifications that: new text end

new text begin (1) would be provided to a student with a temporary medical condition; or new text end

new text begin (2) are related to the health and safety of the student and the student's unborn child, such as allowing the student to maintain a safe distance from substances, areas, and activities known to be hazardous to pregnant women or unborn children. new text end

new text begin (c) A Minnesota state college or university must and the University of Minnesota is requested to, for reasons related to a student's pregnancy, childbirth, or any resulting medical status or condition: new text end

new text begin (1) excuse the student's absence; new text end

new text begin (2) allow the student to make up missed assignments or assessments; new text end

new text begin (3) allow the student additional time to complete assignments in the same manner as the institution allows for a student with a temporary medical condition; and new text end

new text begin (4) provide the student with access to instructional materials and video recordings of lectures for classes for which the student has an excused absence under this section to the same extent that instructional materials and video recordings of lectures are made available to any other student with an excused absence. new text end

new text begin (d) A Minnesota state college or university must and the University of Minnesota is requested to allow a pregnant or parenting student to: new text end

new text begin (1) take a leave of absence; and new text end

new text begin (2) if in good academic standing at the time the student takes a leave of absence, return to the student's degree or certificate program in good academic standing without being required to reapply for admission. new text end

new text begin (e) If a public college or university provides early registration for courses or programs at the institution for any group of students, the Minnesota state college or university must provide and the University of Minnesota is requested to provide early registration for those courses or programs for pregnant or parenting students in the same manner. new text end

new text begin Policy on discrimination. new text end

new text begin Each Minnesota state college or university must adopt and the University of Minnesota is requested to adopt a policy for students on pregnancy and parenting discrimination. The policy must: new text end

new text begin (1) include the contact information of the Title IX coordinator who is the designated point of contact for a student requesting each protection or modification under this section. Contact information must include the Title IX coordinator's name, phone number, email, and office; new text end

new text begin (2) be posted in an easily accessible, straightforward format on the college or university's website; and new text end

new text begin (3) be made available annually to faculty, staff, and employees of the college or university. new text end

new text begin Administration. new text end

new text begin The commissioner of the Office of Higher Education must, in consultation with the Board of Trustees of the Minnesota State Colleges and Universities and the Board of Regents of the University of Minnesota, establish guidelines, as necessary, to administer this section. The guidelines must establish minimum periods for which a pregnant or parenting student must be given a leave of absence under subdivision 2, paragraph (d). In establishing the minimum periods, the Office of Higher Education shall consider the maximum amount of time a student may be absent without significantly interfering with the student's ability to complete the student's degree or certificate program. new text end

Minnesota Statutes 2023 Supplement, section 135A.161, is amended by adding a subdivision to read:

New text begin reporting. new text end.

new text begin The director must evaluate the development and implementation of the Minnesota inclusive higher education initiatives receiving a grant under section 135A.162. The director must submit an annual report by October 1 on the progress to expand Minnesota inclusive higher education options for students with intellectual disabilities to the commissioner and chairs and ranking minority members of the legislative committees with jurisdiction over higher education policy and finance. The report must include statutory and budget recommendations. new text end

Minnesota Statutes 2023 Supplement, section 135A.162, subdivision 2, is amended to read:

Eligible grantees..

A new text begin Tribal college or new text end public or nonprofit postsecondary two-year or four-year institution is eligible to apply for a grant under this section if the institution:

(1) is accredited by the Higher Learning Commission; and

(2) meets the eligibility requirements under section 136A.103 .

new text begin [135A.163] STUDENTS WITH DISABILITIES; ACCOMMODATIONS; GENERAL REQUIREMENTS. new text end

New text begin short title. new text end.

new text begin This act may be cited as the "Minnesota Respond, Innovate, Succeed, and Empower (RISE) Act." new text end

new text begin (b) "Institution of higher education" means a public institution of higher education, Tribal college, and private institution of higher education that receives federal funding. The Board of Regents of the University of Minnesota is requested to comply with this section. new text end

new text begin (c) "Plain language" means communication the audience can understand the first time the audience reads or hears it. new text end

new text begin (d) "Student with a disability" means an admitted or enrolled student who meets the definition of an individual with a disability under the Americans with Disabilities Act and includes a student with an intellectual disability as defined in Code of Federal Regulations, title 34, section 668.231, who is admitted or enrolled in a comprehensive transition and postsecondary program. new text end

new text begin Students with disabilities policy; dissemination of policy. new text end

new text begin (a) Each institution of higher education shall adopt a policy making self-disclosure by a student with a disability sufficient to start the interactive process for reasonable accommodations under subdivision 4. new text end

new text begin (b) The policy adopted under this section must be transparent and explicit. The policy must include information describing the process by which the institution of higher education determines eligibility for accommodations for an individual with a disability and information about the disability resource center and other areas within the institution that provide student accommodations, such as housing and residence life. Each institution of higher education shall disseminate the information to applicants, students, parents, and faculty in plain language and in accessible formats. The information must be available during the student application process, during student orientation, in academic catalogs, and on the institution's public website. new text end

new text begin Establishment of reasonable accommodation; documentation. new text end

new text begin (a) An institution of higher education shall engage in an interactive process to document the student's accommodation needs to establish a reasonable accommodation. An institution may request documentation as part of the interactive process to establish accommodations for the student with a disability. new text end

new text begin (b) The following documentation submitted by an admitted or enrolled student is sufficient documentation for the interactive process to establish reasonable accommodations for a student with a disability: new text end

new text begin (1) documentation that the individual has had an individualized education program (IEP). The institution of higher education may request additional documentation from an individual who has had an IEP if the IEP was not in effect immediately before the date when the individual exited high school; new text end

new text begin (2) documentation that the individual has received services or accommodations under a section 504 plan. The institution of higher education may request additional documentation from an individual who has received services or accommodations provided to the individual under a section 504 plan if the section 504 plan was not in effect immediately before the date when the individual exited high school; new text end

new text begin (3) documentation of a plan or record of service for the individual from a private school, a local educational agency, a state educational agency, or an institution of higher education provided under a section 504 plan or in accordance with the Americans with Disabilities Act of 1990; new text end

new text begin (4) a record or evaluation from an appropriately qualified health or other service professional who is knowledgeable about the individual's condition, finding that the individual has a disability; new text end

new text begin (5) a plan or record of a disability from another institution of higher education; new text end

new text begin (6) documentation of a disability due to military service; or new text end

new text begin (7) additional information from an appropriately qualified health or other service professional who is knowledgeable about the student's condition and can clarify the need for a new accommodation not included in subdivision 4, paragraph (b), clauses (1) to (6). new text end

new text begin (c) An institution of higher education may establish less burdensome criteria to determine reasonable accommodations for an enrolled or admitted student with a disability. new text end

new text begin (d) An institution of higher education shall include a representative list of potential reasonable accommodations and disability resources for individuals with a disability that is accessible to applicants, students, parents, and faculty in plain language and in accessible formats. The information must be provided during the student application process, during student orientation, in academic catalogs, and on the institution's public website. The reasonable accommodations and disability resources available to students are individualized and not limited to the list. new text end

new text begin Higher education requirements for students with disabilities. new text end

new text begin Institutions of higher education shall: new text end

new text begin (1) before the beginning of each academic term, offer an opportunity for admitted students to self-identify as having a disability for which they may request an accommodation. The person or office responsible for arranging accommodations at the institution must initiate contact with any student who has self-identified under this clause. This does not preclude a student from requesting an accommodation for a disability at any other time; new text end

new text begin (2) not require a student to be reevaluated for or submit documentation to prove the presence of a permanent disability if the student previously provided proof of their disability status and is not requesting any new accommodations; new text end

new text begin (3) provide the student's accommodation letter to the student's instructors, if the student gives affirmative permission to share the information, and, if requested by the student, facilitate communication between the student and the student's instructors; new text end

new text begin (4) if a course instructor cannot provide an accommodation because it would fundamentally alter the nature of that course, require an instructor to provide a notification detailing why an accommodation cannot be provided to the student and submit that information to the student and the person or office responsible for arranging accommodations; and new text end

new text begin (5) provide a student with a disability who is denied accommodations the option to include the person or office responsible for arranging accommodations in the institution's grievance or appeal process, to resolve equitable access barriers and prevent academic or financial penalty due to no fault of the student. new text end

new text begin This section is effective January 1, 2025. new text end

new text begin [135A.195] REQUIREMENTS RELATED TO ONLINE PROGRAM MANAGEMENT COMPANIES. new text end

new text begin (a) For the purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Contract" means an agreement entered into by an institution of higher education with an online program management company. Contract includes any amendment or addendum to the agreement. new text end

new text begin (c) "Institution of higher education" means an institution governed by either the Board of Trustees of the Minnesota State Colleges and Universities or the Board of Regents of the University of Minnesota. The Board of Regents of the University of Minnesota is requested to comply with this section. new text end

new text begin (d) "Managed program" means an online course or program that is fully delivered online in a virtual space. new text end

new text begin (e) "Online program management company" means a private, for-profit, third-party entity that enters into a contract with an institution of higher education to provide bundled products and services to develop, deliver, or provide managed programs, when the services provided include recruitment and marketing. new text end

new text begin (f) "Tuition sharing" means compensation or payment to an online program management company based on a percentage of revenue or fees collected from managed programs. new text end

new text begin Contract stipulations. new text end

new text begin A contract must not contain any provision that: new text end

new text begin (1) includes or allows for tuition sharing; new text end

new text begin (2) grants the online program management company ownership rights to any or all intellectual property rights, patentable discoveries, or inventions of faculty members of an institution of higher education; or new text end

new text begin (3) grants the online program management company decision making authority over: new text end

new text begin (i) curriculum development, design, or maintenance; new text end

new text begin (ii) student assessment and grading; new text end

new text begin (iii) course assessment; new text end

new text begin (iv) admissions requirements; new text end

new text begin (v) appointment of faculty; new text end

new text begin (vi) faculty assessment; new text end

new text begin (vii) decision to award course credit or credential; or new text end

new text begin (viii) institutional governance. new text end

new text begin Mandatory contract review and approval. new text end

new text begin Prior to being executed, a contract must be reviewed and approved by the institution of higher education's governing board. The Board of Regents of the University of Minnesota is requested to comply with this subdivision. The review must include an analysis of the contract's compliance with subdivision 2 prior to approval. A governing board must not approve a contract unless the contract complies with subdivision 2. new text end

new text begin Reporting requirements. new text end

new text begin An institution of higher education that contracts with an online program management company shall annually submit to the chairs and ranking minority members of the committees in the senate and house of representatives with jurisdiction over higher education finance an assessment and analysis that provides for a rigorous review and monitoring of online program management. The Board of Regents of the University of Minnesota is requested to comply with this subdivision. The report must, at a minimum, include: new text end

new text begin (1) a comparison of the actual enrollment and revenue and the enrollment and revenue projections outlined in the financial pro forma; new text end

new text begin (2) enrollment data reporting in 2026 and each year thereafter that includes measures of student persistence and completion; new text end

new text begin (3) evidence of good standing and engagement with the Higher Learning Commission and any applicable specialized accreditors and licensing bodies, and evidence of any approvals that may be required to offer courses and programs; new text end

new text begin (4) an assessment of the degree to which the programs offered compete with similar programs; new text end

new text begin (5) a description and evidence of how institutions gather student feedback and student complaints related to online program management courses and program offerings, and the process for addressing any concerns and complaints; and new text end

new text begin (6) the most recent compliance analysis under subdivision 3. new text end

new text begin Marketing requirements. new text end

new text begin (a) An institution of higher education that retains an online program management company to provide marketing services for its academic degree programs shall require that: new text end

new text begin (1) the online program management company must clearly disclose the third-party relationship between the online program management company and the institution each time it engages in recruitment or marketing activities for an academic program of the institution; and new text end

new text begin (2) all recruitment and marketing communications from the online program management company receive prior approval from the institution. new text end

new text begin (b) An institution of higher education that contracts with an online program management company shall make publicly available on its website a list of the online programs that are supported by the online program management company. new text end

new text begin Subd. 6. new text end

New text begin exemption. new text end.

new text begin Notwithstanding subdivision 1, paragraph (b), this section does not apply to an addendum or amendment to a contract entered into by an institution of higher education on or before July 1, 2023, that increases or decreases the number of managed programs. This subdivision expires July 1, 2028. new text end

new text begin This section is effective July 1, 2024, and applies to contracts entered into on or after that date, subject to the exemption in subdivision 6. new text end

new text begin [136A.053] CONSOLIDATED STUDENT AID REPORTING. new text end

new text begin (a) The commissioner of the Office of Higher Education shall report annually beginning February 15, 2026, to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education, on the details of programs administered under sections 136A.091 to 136A.1276, 136A.1465, and 136A.231 to 136A.246, including the: new text end

new text begin (1) total funds appropriated and expended; new text end

new text begin (2) total number of students applying for funds; new text end

new text begin (3) total number of students receiving funds; new text end

new text begin (4) average and total award amounts; new text end

new text begin (5) summary demographic data on award recipients; new text end

new text begin (6) retention rates of award recipients; new text end

new text begin (7) completion rates of award recipients; new text end

new text begin (8) average cumulative debt at exit or graduation; and new text end

new text begin (9) average time to completion. new text end

new text begin (b) Data must be disaggregated by program, institution, aid year, race and ethnicity, gender, income, family type, dependency status, and any other factors determined to be relevant by the commissioner. The commissioner must report any additional data and outcomes relevant to the evaluation of programs administered under sections 136A.091 to 136A.1276, 136A.1465, and 136A.231 to 136A.246 as evidenced by activities funded under each program. new text end

Minnesota Statutes 2022, section 136A.091, subdivision 3, is amended to read:

Financial need..

Need for financial assistance is based on student eligibility for free or reduced-price school meals new text begin under the national school lunch program new text end . Student eligibility shall be verified by sponsors of approved academic programs. The office shall award stipends for students within the limits of available appropriations for this section. If the amount appropriated is insufficient, the office shall allocate the available appropriation in the manner it determines. A stipend must not exceed $1,000 per student.

new text begin [136A.097] ORDER OF AID CALCULATIONS. new text end

new text begin The commissioner must calculate aid for programs in the order of their original enactment from oldest to most recent. The commissioner may determine the order of calculating state financial aid if: new text end

new text begin (1) a student is eligible for multiple state financial aid programs; and new text end

new text begin (2) two or more of those programs calculate funding after accounting for other state aid. new text end

new text begin If the commissioner determines that a greater amount of financial aid would be available to students by calculating aid in a particular order, the commissioner may calculate aid in that order. new text end

Minnesota Statutes 2022, section 136A.1241, subdivision 3, is amended to read:

(a) An individual who is eligible for the Education and Training Voucher Program is eligible for a foster grant.

(b) If the individual is not eligible for the Education and Training Voucher Program, in order to receive a foster grant, an individual must:

(1) meet the definition of a resident student under section 136A.101, subdivision 8 ;

(2) be at least 13 years of age but fewer than 27 years of age;

(3) after the individual's 13th birthday, be in or have been in foster care in Minnesota before, on, or after June 27, 2021, including any of the following:

(i) placement in foster care at any time while 13 years of age or older;

(ii) adoption from foster care at any time after reaching 13 years of age; or

(iii) placement from foster care with a permanent legal custodian at any time after reaching 13 years of age;

(4) have graduated from high school or completed the equivalent as approved by the Department of Education;

(5) have been accepted for admission to, or be currently attending, an eligible institution;

(6) have submitted a FAFSA; deleted text begin and deleted text end

(7) be meeting satisfactory academic progress as defined under section 136A.101 , subdivision 10 deleted text begin . deleted text end new text begin ; new text end

new text begin (8) not be in default, as defined by the office, of any federal or state student educational loan; new text end

new text begin (9) not be more than 30 days in arrears in court-ordered child support that is collected or enforced by the public authority responsible for child support enforcement or, if the applicant is more than 30 days in arrears in court-ordered child support that is collected or enforced by the public authority responsible for child support enforcement, be complying with a written payment agreement under section 518A.69 or order for arrearages; and new text end

new text begin (10) not have been convicted of or pled nolo contendere or guilty to a crime involving fraud in obtaining federal Title IV funds within the meaning of Code of Federal Regulations, subtitle B, chapter VI, part 668, subpart C. new text end

Minnesota Statutes 2023 Supplement, section 136A.1241, subdivision 5, is amended to read:

Foster grant amount; payment; opt-out..

(a) Each student shall be awarded a foster grant based on the federal need analysis. Applicants are encouraged to apply for all other sources of financial aid. The amount of the foster grant must be equal to the applicant's recognized cost of attendance after accounting for:

(1) the results of the federal need analysis;

(2) the amount of a federal Pell Grant award for which the applicant is eligible;

(3) the amount of the state grant;

(4) the Federal Supplemental Educational Opportunity Grant;

(5) the sum of all Tribal scholarships;

(6) the amount of any other state and federal gift aid;

(7) the Education and Training Voucher Program;

(8) extended foster care benefits under section 260C.451 ;

(9) the amount of any private grants or scholarships, excluding grants and scholarships provided by the private institution of higher education in which the eligible student is enrolled; and

(10) for public institutions, the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts.

(b) The foster grant shall be paid directly to the eligible institution where the student is enrolled.

(c) An eligible private institution may opt out of participating in the foster grant program established under this section. To opt out, the institution shall provide notice to the office by March 1 for the next academic year. An institution that opts out of participating, but participated in the program a previous year, must hold harmless currently enrolled recipients by continuing to provide the benefit under paragraph (d) as long as the student remains eligible.

(d) An eligible private institution that does not opt out under paragraph (c) and accepts the student's application to attend the institution must provide institutional grants, scholarships, tuition waivers, or tuition remission in an amount equal to the difference between:

(1) the institution's cost of attendance as calculated under subdivision 4, paragraph (b), clause (1); and

(2) the sum of the foster grant under this subdivision and the sum of the amounts in paragraph (a), clauses (1) to (9).

(e) An undergraduate student who is eligible may apply for and receive a foster grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or received foster grant funds for a period of ten full-time semesters or the equivalent for a four-year undergraduate degree. A foster grant student enrolled in a two-year degree, certificate, or diploma program may apply for and receive a foster grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or received foster grant funds for a period of six full-time semesters or the equivalent.

(f) Foster grants may be awarded to an eligible student for four quarters, three semesters, or the equivalent during the course of a single fiscal year. In calculating the award amount, the office must use the same calculation it would for any other term.

new text begin (g) The commissioner shall establish a priority application deadline. new text end

new text begin (h) If there is a projected shortfall in available resources, the commissioner must proportionately reduce awards to keep spending within available resources. new text end

new text begin (i) Applicants applying after the priority deadline for whom the office has received a completed application must be placed on a waiting list in order of application completion date. Awards must be made on a first-come, first-served basis in the order complete applications are received. Students who received the Fostering Independence Grant in the previous year shall be given priority. If there are multiple applications with identical completion dates, those applications must be further sorted by application receipt date. Awards must be made to eligible students until the appropriation is expended. new text end

Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 1, is amended to read:

Definitions..

The following terms have the meanings given:

(1) "eligible student" means a resident student under section 136A.101, subdivision 8 , who is enrolled in any public postsecondary educational institution or Tribal college new text begin and who meets the eligibility requirements in subdivision 2 new text end ;

(2) "gift aid" deleted text begin means all deleted text end new text begin includes: new text end

new text begin (i) all federal financial aid that is not a loan or pursuant to a work-study program; new text end

new text begin (ii) state financial aid, unless designated for other expenses, that is not a loan or pursuant to a work-study program; new text end

new text begin (iii) institutional new text end financial aid deleted text begin designated for the student's educational expenses deleted text end , including a grant, scholarship, tuition waiver, fellowship stipend, or other deleted text begin third-party deleted text end payment, new text begin unless designated for other expenses, new text end that is not a loan or pursuant to a work-study program; new text begin and new text end

new text begin (iv) all private financial aid that is not a loan or pursuant to a work-study program. new text end

new text begin Financial aid from the state, public postsecondary educational institutions, and Tribal colleges that is specifically designated for other expenses is not gift aid for purposes of the North Star Promise scholarship. new text end

deleted text begin (3) "office" means the Office of Higher Education; deleted text end

new text begin (3) "other expenses" includes books, required supplies, child care, emergency assistance, food, and housing; new text end

(4) "public postsecondary educational institution" means an institution operated by this state, new text begin or new text end the Board of Regents of the University of Minnesota deleted text begin , or a Tribal college deleted text end ;

new text begin (5) "recognized cost of attendance" has the meaning given in United States Code, title 20, chapter 28, subchapter IV, part F, section 1087ll; new text end

deleted text begin (5) "scholarship" means funds to pay 100 percent of tuition and fees remaining after deducting grants and other scholarships; deleted text end

(6) "Tribal college" means a college defined in section 136A.1796, subdivision 1 , paragraph (c); and

(7) "tuition and fees" means the actual tuition and new text begin mandatory new text end fees charged by an institution.

Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 2, is amended to read:

Conditions for eligibility..

A scholarship may be awarded to an eligible student who:

(1) has completed the Free Application for Federal Student Aid (FAFSA) or the state aid application;

(2) has a family adjusted gross income below $80,000;

new text begin (3) is a graduate of a secondary school or its equivalent, or is 17 years of age or over and has met all requirements for admission as a student to an eligible college or university; new text end

deleted text begin (3) deleted text end new text begin (4) new text end has not earned a baccalaureate degree at the time the scholarship is awarded;

deleted text begin (4) deleted text end new text begin (5) new text end is enrolled in at least one credit per fall, spring, or summer semester; deleted text begin and deleted text end

new text begin (6) is enrolled in a program or course of study that applies to a degree, diploma, or certificate; new text end

new text begin (7) is not in default, as defined by the office, of any federal or state student educational loan; new text end

new text begin (8) is not more than 30 days in arrears in court-ordered child support that is collected or enforced by the public authority responsible for child support enforcement or, if the applicant is more than 30 days in arrears in court-ordered child support that is collected or enforced by the public authority responsible for child support enforcement, but is complying with a written payment agreement under section 518A.69 or order for arrearages; new text end

new text begin (9) has not been convicted of or pled nolo contendere or guilty to a crime involving fraud in obtaining federal Title IV funds within the meaning of Code of Federal Regulations, subtitle B, chapter VI, part 668, subpart C; and new text end

deleted text begin (5) deleted text end new text begin (10) new text end is meeting satisfactory academic progress as defined in section 136A.101, subdivision 10.

Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 3, is amended to read:

Scholarship..

(a) Beginning in the new text begin fall term of the new text end 2024-2025 academic year, scholarships shall be awarded to eligible students in an amount not to exceed 100 percent of tuition and fees after deleted text begin grants and other scholarships are deleted text end new text begin gift aid is new text end deducted.

(b) For the 2024-2025, 2025-2026, and 2026-2027 academic years, if funds remain after scholarships are awarded under paragraph (a), new text begin supplemental new text end grants shall be awarded to eligible students in an amount deleted text begin equal to 100 percent of tuition and fees plus, subject to available funds, deleted text end up to 50 percent of the amount of a Pell grant the student would receive based on household size, family adjusted gross income, and results of the federal needs analysis deleted text begin after other gift aid is deducted deleted text end new text begin , not to exceed the student's recognized cost of attendance new text end . The commissioner may adjust the new text begin supplemental new text end grant amount based on the availability of funds.

Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 4, is amended to read:

Maintain current levels of institutional assistance..

(a) Commencing with the 2024-2025 academic year, a public postsecondary educational institution new text begin or Tribal college new text end shall not reduce the institutional gift aid offered or awarded to a student who is eligible to receive funds under this program unless the student's gift aid exceeds the student's annual new text begin recognized new text end cost of attendance.

(b) The public postsecondary educational institution new text begin or Tribal college new text end may reduce the institutional gift aid offer of a student who is eligible to receive funds under this program by no more than the amount of the student's gift aid that is in excess of the student's annual new text begin recognized new text end cost of attendance.

(c) The public postsecondary educational institution new text begin or Tribal college new text end shall not consider receipt or anticipated receipt of funds under this program when considering a student for qualification for institutional gift aid.

(d) To ensure financial aid is maximized, a public postsecondary educational institution new text begin or Tribal college new text end is encouraged to implement efforts to avoid scholarship displacement through consultation with the Office of Higher Education deleted text begin and students to avoid situations where institutional gift aid can only be used for specific purposes deleted text end .

Minnesota Statutes 2023 Supplement, section 136A.1465, subdivision 5, is amended to read:

Duration of scholarship authorized; scholarship paid to institution..

(a) Each scholarship is for a period of one semester. A scholarship may be renewed provided that the eligible student continues to meet the conditions of eligibility.

(b) Scholarships may be provided to an eligible student deleted text begin for up to 60 credits for deleted text end new text begin pursuing new text end the completion of a certificate or an associate degree deleted text begin and up to 120 credits for the completion of a bachelor's degree deleted text end new text begin who has not previously received the scholarship for four full-time semesters or the equivalent new text end . new text begin Scholarships may be provided to an eligible student pursuing the completion of a bachelor's degree who has not previously received the scholarship for eight full-time semesters or the equivalent. new text end The maximum deleted text begin credits deleted text end for which a student is eligible is a total of deleted text begin 120 credits deleted text end new text begin eight full-time semesters or the equivalent new text end . new text begin Courses taken that qualify as developmental education or below college-level shall be excluded from the limit. new text end

new text begin (c) A student is entitled to an additional semester or the equivalent of grant eligibility if the student withdraws from enrollment: new text end

new text begin (1) for active military service because the student was ordered to active military service as defined in section 190.05, subdivision 5b or 5c; new text end

new text begin (2) for a serious health condition, while under the care of a medical professional, that substantially limits the student's ability to complete the term; or new text end

new text begin (3) while providing care that substantially limits the student's ability to complete the term to the student's spouse, child, or parent who has a serious health condition. new text end

deleted text begin (c) The commissioner shall determine a time frame by which the eligible student must complete the credential. deleted text end

(d) The scholarship must be paid directly to the eligible institution where the student is enrolled.

Minnesota Statutes 2022, section 136A.1701, subdivision 4, is amended to read:

Terms and conditions of loans..

(a) The office may loan money upon such terms and conditions as the office may prescribe.

(b) The new text begin minimum loan amount and a new text end maximum loan amount to students must be determined annually by the office. Loan limits are defined based on the type of program enrollment, such as a certificate, an associate's degree, a bachelor's degree, or a graduate program. The aggregate principal amount of all loans made subject to this paragraph to a student as an undergraduate and graduate student must not exceed $140,000. The amount of the loan must not exceed the cost of attendance as determined by the eligible institution less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf. new text begin A student may borrow up to the maximum amount twice in the same grade level. new text end

(c) The cumulative borrowing maximums must be determined annually by the office and are defined based on program enrollment. In determining the cumulative borrowing maximums, the office shall, among other considerations, take into consideration the maximum SELF loan amount, student financing needs, funding capacity for the SELF program, delinquency and default loss management, and current financial market conditions.

Minnesota Statutes 2022, section 136A.1701, subdivision 7, is amended to read:

Repayment of loans..

The office shall establish repayment procedures for loans made under this section in accordance with the policies, rules, and conditions authorized under section 136A.16, subdivision 2 . The office will take into consideration the loan limits and current financial market conditions when establishing repayment terms. new text begin The office shall not require a minimum annual payment, though the office may require minimum monthly payments. new text end

Minnesota Statutes 2022, section 136A.29, subdivision 9, is amended to read:

Revenue bonds; limit..

The authority is authorized and empowered to issue revenue bonds whose aggregate principal amount at any time shall not exceed deleted text begin $1,300,000,000 deleted text end new text begin $2,000,000,000 new text end and to issue notes, bond anticipation notes, and revenue refunding bonds of the authority under the provisions of sections 136A.25 to 136A.42 , to provide funds for acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving, furnishing, or equipping one or more projects or parts thereof.

Minnesota Statutes 2023 Supplement, section 136A.62, subdivision 3, is amended to read:

"School" means:

(1) a Tribal college new text begin that has a physical presence in Minnesota new text end ;

(2) any partnership, company, firm, society, trust, association, corporation, or any combination thereof, new text begin with a physical presence in Minnesota, new text end which new text begin : new text end (i) is, owns, or operates a private, nonprofit postsecondary education institution; (ii) is, owns, or operates a private, for-profit postsecondary education institution; or (iii) provides a postsecondary instructional program or course leading to a degree whether or not for profit; new text begin or new text end

(3) any public or private postsecondary educational institution located in another state or country deleted text begin which offers or makes available to a Minnesota resident any course, program or educational activity which does not require the leaving of the state for its completion; or deleted text end new text begin with a physical presence in Minnesota. new text end

deleted text begin (4) any individual, entity, or postsecondary institution located in another state that contracts with any school located within the state of Minnesota for the purpose of providing educational programs, training programs, or awarding postsecondary credits or continuing education credits to Minnesota residents that may be applied to a degree program. deleted text end

Minnesota Statutes 2022, section 136A.62, is amended by adding a subdivision to read:

New text begin subd. 8. new text end, new text begin postsecondary education. new text end.

new text begin "Postsecondary education" means the range of formal learning opportunities beyond high school, including those aimed at learning an occupation or earning an academic credential. new text end

new text begin Subd. 9. new text end

New text begin physical presence. new text end.

new text begin "Physical presence" means a presence within the state of Minnesota for the purpose of conducting activity related to any program at the degree level or courses that may be applied to a degree program. Physical presence includes: new text end

new text begin (1) operating a location within the state; new text end

new text begin (2) offering instruction within or originating from Minnesota designed to impart knowledge with response utilizing teachers, trainers, counselors or computer resources, computer linking, or any form of electronic means; and new text end

new text begin (3) granting an educational credential from a location within the state or to a student within the state. new text end

new text begin Physical presence does not include field trips, sanctioned sports recruiting activities, or college fairs or other assemblies of schools in Minnesota. No school may enroll an individual, allow an individual to sign any agreement obligating the person to the school, accept any moneys from the individual, or follow up with an individual by means of an in-person meeting in Minnesota at a college fair or assembly. new text end

Minnesota Statutes 2022, section 136A.63, subdivision 1, is amended to read:

Annual registration..

All schools deleted text begin located within Minnesota and all schools located outside Minnesota deleted text end new text begin with a physical presence in Minnesota new text end which offer degree programs or courses within Minnesota shall register annually with the office.

Minnesota Statutes 2022, section 136A.646, is amended to read:

136a.646 additional security..

(a) New institutions that have been granted conditional approval for degrees or names to allow them the opportunity to apply for and receive accreditation under section 136A.65, subdivision 7 , shall provide a surety bond in a sum equal to ten percent of the net revenue from tuition and fees in the registered institution's prior fiscal year, but in no case shall the bond be less than $10,000.

(b) Any registered institution that is notified by the United States Department of Education that it has fallen below minimum financial standards and that its continued participation in Title IV will be conditioned upon its satisfying deleted text begin either the Zone Alternative, deleted text end new text begin an alternative standard set forth in new text end Code of Federal Regulations, title 34, section 668.175, deleted text begin paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), deleted text end shall provide a surety bond in a sum equal to the "letter of credit" required by the United States Department of Education in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor more than $250,000. If the letter of credit required by the United States Department of Education is higher than ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, the office shall reduce the office's surety requirement to represent ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, subject to the minimum and maximum in this paragraph.

(c) In lieu of a bond, the applicant may deposit with the commissioner of management and budget:

(1) a sum equal to the amount of the required surety bond in cash;

(2) securities, as may be legally purchased by savings banks or for trust funds, in an aggregate market value equal to the amount of the required surety bond; or

(3) an irrevocable letter of credit issued by a financial institution to the amount of the required surety bond.

(d) The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

(e) In the event of a school closure, the additional security must first be used to destroy any private educational data under section 13.32 left at a physical campus in Minnesota after all other governmental agencies have recovered or retrieved records under their record retention policies. Any remaining funds must then be used to reimburse tuition and fee costs to students that were enrolled at the time of the closure or had withdrawn in the previous deleted text begin 120 deleted text end new text begin 180 new text end calendar days but did not graduate. Priority for refunds will be given to students in the following order:

(1) cash payments made by the student or on behalf of a student;

(2) private student loans; and

(3) Veteran Administration education benefits that are not restored by the Veteran Administration. If there are additional security funds remaining, the additional security funds may be used to cover any administrative costs incurred by the office related to the closure of the school.

Minnesota Statutes 2022, section 136A.65, subdivision 4, is amended to read:

Criteria for approval..

(a) A school applying to be registered and to have its degree or degrees and name approved must substantially meet the following criteria:

(1) the school has an organizational framework with administrative and teaching personnel to provide the educational programs offered;

(2) the school has financial resources sufficient to meet the school's financial obligations, including refunding tuition and other charges consistent with its stated policy if the institution is dissolved, or if claims for refunds are made, to provide service to the students as promised, and to provide educational programs leading to degrees as offered;

(3) the school operates in conformity with generally accepted accounting principles according to the type of school;

(4) the school provides an educational program leading to the degree it offers;

(5) the school provides appropriate and accessible library, laboratory, and other physical facilities to support the educational program offered;

(6) the school has a policy on freedom or limitation of expression and inquiry for faculty and students which is published or available on request;

(7) the school uses only publications and advertisements which are truthful and do not give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school, its personnel, programs, services, or occupational opportunities for its graduates for promotion and student recruitment;

(8) the school's compensated recruiting agents who are operating in Minnesota identify themselves as agents of the school when talking to or corresponding with students and prospective students;

(9) the school provides information to students and prospective students concerning:

(i) comprehensive and accurate policies relating to student admission, evaluation, suspension, and dismissal;

(ii) clear and accurate policies relating to granting credit for prior education, training, and experience and for courses offered by the school;

(iii) current schedules of fees, charges for tuition, required supplies, student activities, housing, and all other standard charges;

(iv) policies regarding refunds and adjustments for withdrawal or modification of enrollment status; and

(v) procedures and standards used for selection of recipients and the terms of payment and repayment for any financial aid program;

(10) the school must not withhold a student's official transcript because the student is in arrears or in default on any loan issued by the school to the student if the loan qualifies as an institutional loan under United States Code, title 11, section 523(a)(8)(b); deleted text begin and deleted text end

(11) the school has a process to receive and act on student complaints new text begin ; new text end

new text begin (12) the school includes a joint and several liability provision for torts and compliance with the requirements of sections 136A.61 to 136A.71 in any contract effective after July 1, 2026, with any individual, entity, or postsecondary school located in another state for the purpose of providing educational or training programs or awarding postsecondary credits or continuing education credits to Minnesota residents that may be applied to a degree program; and new text end

new text begin (13) the school must not use nondisclosure agreements or other contracts restricting a student's ability to disclose information in connection with school actions or conduct that would be covered under section 136A.672 new text end .

(b) An application for degree approval must also include:

(i) title of degree and formal recognition awarded;

(ii) location where such degree will be offered;

(iii) proposed implementation date of the degree;

(iv) admissions requirements for the degree;

(v) length of the degree;

(vi) projected enrollment for a period of five years;

(vii) the curriculum required for the degree, including course syllabi or outlines;

(viii) statement of academic and administrative mechanisms planned for monitoring the quality of the proposed degree;

(ix) statement of satisfaction of professional licensure criteria, if applicable;

(x) documentation of the availability of clinical, internship, externship, or practicum sites, if applicable; and

(xi) statement of how the degree fulfills the institution's mission and goals, complements existing degrees, and contributes to the school's viability.

Minnesota Statutes 2022, section 136A.675, subdivision 2, is amended to read:

Additional reporting..

(a) In addition to the information required for the indicators in subdivision 1, an institution must notify the office within ten business days if any of the events in paragraphs (b) to (e) occur.

(b) Related to revenue, debt, and cash flow, notice is required if:

(1) the institution defaulted on a debt payment or covenant and has not received a waiver of the violation from the financial institution within 60 days;

(2) for institutions with a federal composite score of less than 1.5, the institution's owner withdraws equity that directly results in a composite score of less than 1.0, unless the withdrawal is a transfer between affiliated entities included in a common composite score;

(3) the United States Department of Education requires a 25 percent or greater Letter of Credit, except when the Letter of Credit is imposed due to a change of ownership;

(4) the United States Department of Education requires Heightened Cash Monitoring 2;

(5) the institution receives written notification that it violated the United States Department of Education's revenue requirement under United States Code, title 20, section 1094(a)(24), as amended; or

(6) the institution receives written notification by the United States Department of Education that it has fallen below minimum financial standards and that its continued participation in Title IV is conditioned upon satisfying deleted text begin either the Zone Alternative, deleted text end new text begin an alternative standard set forth in new text end Code of Federal Regulations, title 34, section 668.175 deleted text begin , paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c) deleted text end .

(c) Related to accreditation and licensing, notice is required if:

(1) the institution receives written notification of probation, warning, show-cause, or loss of institutional accreditation;

(2) the institution receives written notification that its institutional accreditor lost federal recognition; or

(3) the institution receives written notification that it has materially violated state authorization or institution licensing requirements in a different state that may lead to or has led to the termination of the institution's ability to continue to provide educational programs or otherwise continue to operate in that state.

(d) Related to securities, notice is required if:

(1) the Securities and Exchange Commission (i) issues an order suspending or revoking the registration of the institution's securities, or (ii) suspends trading of the institution's securities on any national securities exchange;

(2) the national securities exchange on which the institution's securities are traded notifies the institution that it is not in compliance with the exchange's listing requirements and the institution's securities are delisted; or

(3) the Securities and Exchange Commission is not in timely receipt of a required report and did not issue an extension to file the report.

(e) Related to criminal and civil investigations, notice is required if:

(1) the institution receives written notification of a felony criminal indictment or charges of the institution's owner;

(2) the institution receives written notification of criminal indictment or charges of the institution's officers related to operations of the institution; or

(3) there has been a criminal, civil, or administrative adjudication of fraud or misrepresentation in Minnesota or in another state or jurisdiction against the institution or its owner, officers, agents, or sponsoring organization.

Minnesota Statutes 2022, section 136A.69, subdivision 1, is amended to read:

Registration fees..

(a) The office shall collect reasonable registration fees that are sufficient to recover, but do not exceed, its costs of administering the registration program. The office shall charge the fees listed in paragraphs (b) deleted text begin and (c) deleted text end new text begin to (d) new text end for new registrations.

(b) A new school offering no more than one degree at each level during its first year must pay registration fees for each applicable level in the following amounts:

(c) A new school that will offer more than one degree per level during its first year must pay registration fees in an amount equal to the fee for the first degree at each degree level under paragraph (b), plus fees for each additional nondegree program or degree as follows:

new text begin (d) In addition to the fees under paragraphs (b) and (c), a fee of $600 must be paid for an initial application that: (1) has had four revisions, corrections, amendment requests, or application reminders for the same application or registration requirement; or (2) cumulatively has had six revisions, corrections, amendment requests, or application reminders for the same license application and the school seeks to continue with the application process with additional application submissions. If this fee is paid, the school may submit two final application submissions for review prior to application denial under section 136A.65, subdivision 8. This provision excludes from its scope nonrepetitive questions or clarifications initiated by the school before the submission of the application, initial interpretation questions or inquiries from the office regarding a completed application, and initial requests from the office for verification or validation of a completed application. new text end

deleted text begin (d) deleted text end new text begin (e) new text end The annual renewal registration fee is $1,500.

new text begin (f) In addition to the fee under paragraph (e), a fee of $600 must be paid for a renewal application that: (1) has had four revisions, corrections, amendment requests, or application reminders for the same application or registration requirement; or (2) cumulatively has had six revisions, corrections, amendment requests, or application reminders for the same license application and the school seeks to continue with the application process with additional application submissions. If this fee is paid, the school may submit two final application submissions for review prior to application denial under section 136A.65, subdivision 8. This provision excludes from its scope nonrepetitive questions or clarifications initiated by the school before the submission of the application, initial interpretation questions or inquiries from the office regarding a completed application, and initial requests from the office for verification or validation of a completed application. new text end

Minnesota Statutes 2022, section 136A.821, subdivision 5, is amended to read:

Private career school..

"Private career school" means a person who maintains deleted text begin , advertises, administers, solicits for, or conducts deleted text end new text begin a physical presence for new text end any program at less than an associate degree level; is not registered as a private institution under sections 136A.61 to 136A.71 ; and is not specifically exempted by section 136A.833 .

Minnesota Statutes 2022, section 136A.821, is amended by adding a subdivision to read:

New text begin subd. 20. new text end.

new text begin "Physical presence" means presence within the state of Minnesota for the purpose of conducting activity related to any program at less than an associate degree level. Physical presence includes: new text end

new text begin (2) offering instruction within or originating from Minnesota designed to impart knowledge with response utilizing teachers, trainers, counselors or computer resources, computer linking, or any form of electronic means; new text end

new text begin (3) granting an educational credential from a location within the state or to a student within the state; and new text end

new text begin (4) using an agent, recruiter, institution, or business that solicits for enrollment or credits or for the award of an educational credential. new text end

Minnesota Statutes 2022, section 136A.822, subdivision 1, is amended to read:

A private career school must not maintain deleted text begin , advertise, solicit for, administer, or conduct deleted text end new text begin a physical presence for new text end any program in Minnesota without first obtaining a license from the office.

Minnesota Statutes 2022, section 136A.822, subdivision 2, is amended to read:

Contract unenforceable..

A contract entered into with a person for a program by or on behalf of a person operating a private career school new text begin with a physical presence in Minnesota new text end to which a license has not been issued under sections 136A.821 to 136A.833 , is unenforceable in any action.

Minnesota Statutes 2022, section 136A.822, subdivision 6, is amended to read:

(a) No license shall be issued to any private career school deleted text begin which maintains, conducts, solicits for, or advertises deleted text end new text begin with a physical presence new text end within the state of Minnesota new text begin for new text end any program, unless the applicant files with the office a continuous corporate surety bond written by a company authorized to do business in Minnesota conditioned upon the faithful performance of all contracts and agreements with students made by the applicant.

(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net revenue from student tuition, fees, and other required institutional charges collected, but in no event less than $10,000, except that a private career school may deposit a greater amount at its own discretion. A private career school in each annual application for licensure must compute the amount of the surety bond and verify that the amount of the surety bond complies with this subdivision. A private career school that operates at two or more locations may combine net revenue from student tuition, fees, and other required institutional charges collected for all locations for the purpose of determining the annual surety bond requirement. The net revenue from tuition and fees used to determine the amount of the surety bond required for a private career school having a license for the sole purpose of recruiting students in Minnesota shall be only that paid to the private career school by the students recruited from Minnesota.

(2) A person required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name and which is also licensed by another state agency or board, except not including those schools licensed exclusively in order to participate in state grants or SELF loan financial aid programs, shall be required to provide a school bond of $10,000.

(c) The bond shall run to the state of Minnesota and to any person who may have a cause of action against the applicant arising at any time after the bond is filed and before it is canceled for breach of any contract or agreement made by the applicant with any student. The aggregate liability of the surety for all breaches of the conditions of the bond shall not exceed the principal sum deposited by the private career school under paragraph (b). The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

(d) In lieu of bond, the applicant may deposit with the commissioner of management and budget a sum equal to the amount of the required surety bond in cash, an irrevocable letter of credit issued by a financial institution equal to the amount of the required surety bond, or securities as may be legally purchased by savings banks or for trust funds in an aggregate market value equal to the amount of the required surety bond.

(e) Failure of a private career school to post and maintain the required surety bond or deposit under paragraph (d) may result in denial, suspension, or revocation of the school's license.

Minnesota Statutes 2022, section 136A.822, subdivision 7, is amended to read:

Resident agent..

Private career schools located outside the state of Minnesota that deleted text begin offer, advertise, solicit for, or conduct any program deleted text end new text begin have a physical presence new text end within the state of Minnesota shall first file with the secretary of state a sworn statement designating a resident agent authorized to receive service of process. The statement shall designate the secretary of state as resident agent for service of process in the absence of a designated agent. If a private career school fails to file the statement, the secretary of state is designated as the resident agent authorized to receive service of process. The authorization shall be irrevocable as to causes of action arising out of transactions occurring prior to the filing of written notice of withdrawal from the state of Minnesota filed with the secretary of state.

Minnesota Statutes 2022, section 136A.822, subdivision 8, is amended to read:

Minimum standards..

A license shall be issued if the office first determines:

(1) that the applicant has a sound financial condition with sufficient resources available to:

(i) meet the private career school's financial obligations;

(ii) refund all tuition and other charges, within a reasonable period of time, in the event of dissolution of the private career school or in the event of any justifiable claims for refund against the private career school by the student body;

(iii) provide adequate service to its students and prospective students; and

(iv) maintain and support the private career school;

(2) that the applicant has satisfactory facilities with sufficient tools and equipment and the necessary number of work stations to prepare adequately the students currently enrolled, and those proposed to be enrolled;

(3) that the applicant employs a sufficient number of qualified teaching personnel to provide the educational programs contemplated;

(4) that the private career school has an organizational framework with administrative and instructional personnel to provide the programs and services it intends to offer;

(5) that the quality and content of each occupational course or program of study provides education and adequate preparation to enrolled students for entry level positions in the occupation for which prepared;

(6) that the premises and conditions where the students work and study and the student living quarters which are owned, maintained, recommended, or approved by the applicant are sanitary, healthful, and safe, as evidenced by certificate of occupancy issued by the municipality or county where the private career school is physically situated, a fire inspection by the local or state fire marshal, or another verification deemed acceptable by the office;

(7) that the contract or enrollment agreement used by the private career school complies with the provisions in section 136A.826 ;

(8) that contracts and agreements do not contain a wage assignment provision or a confession of judgment clause; deleted text begin and deleted text end

(9) that there has been no adjudication of fraud or misrepresentation in any criminal, civil, or administrative proceeding in any jurisdiction against the private career school or its owner, officers, agents, or sponsoring organization new text begin ; new text end

new text begin (10) that the private career school or its owners, officers, agents, or sponsoring organization has not had a license revoked under section 136A.829 or its equivalent in other states or has closed the institution prior to all students, enrolled at the time of the closure, completing their program within two years of the effective date of the revocation; and new text end

new text begin (11) that the school includes a joint and several liability provision for torts and compliance with the requirements of sections 136A.82 to 136A.834 in any contract effective after July 1, 2026, with any individual, entity, or postsecondary school located in another state for the purpose of providing educational or training programs or awarding postsecondary credits to Minnesota residents that may be applied to a program new text end .

Minnesota Statutes 2022, section 136A.824, subdivision 1, is amended to read:

Initial licensure fee..

new text begin (a) new text end The office processing fee for an initial licensure application is:

(1) $2,500 for a private career school that will offer no more than one program during its first year of operation;

(2) $750 for a private career school licensed exclusively due to the use of the term "college," "university," "academy," or "institute" in its name, or licensed exclusively in order to participate in state grant or SELF loan financial aid programs; and

(3) $2,500, plus $500 for each additional program offered by the private career school, for a private career school during its first year of operation.

new text begin (b) In addition to the fee under paragraph (a), a fee of $600 must be paid for an initial application that: (1) has had four revisions, corrections, amendment requests, or application reminders for the same application or licensure requirement; or (2) cumulatively has had six revisions, corrections, amendment requests, or application reminders for the same license application and the private career school seeks to continue with the application process with additional application submissions. If this fee is paid, the private career school may submit two final application submissions for review prior to application denial under section 136A.829, subdivision 1, clause (2). This provision excludes from its scope nonrepetitive questions or clarifications initiated by the school before the submission of the application, initial interpretation questions or inquiries from the office regarding a completed application, and initial requests from the office for verification or validation of a completed application. new text end

Minnesota Statutes 2022, section 136A.824, subdivision 2, is amended to read:

Renewal licensure fee; late fee..

(a) The office processing fee for a renewal licensure application is:

(1) for a private career school that offers one program, the license renewal fee is $1,150;

(2) for a private career school that offers more than one program, the license renewal fee is $1,150, plus $200 for each additional program with a maximum renewal licensing fee of $2,000;

(3) for a private career school licensed exclusively due to the use of the term "college," "university," "academy," or "institute" in its name, the license renewal fee is $750; and

(4) for a private career school licensed by another state agency and also licensed with the office exclusively in order to participate in state student aid programs, the license renewal fee is $750.

(b) If a license renewal application is not received by the office by the close of business at least 60 days before the expiration of the current license, a late fee of $100 per business day, not to exceed $3,000, shall be assessed.

new text begin (c) In addition to the fee under paragraph (a), a fee of $600 must be paid for a renewal application that: (1) has had four revisions, corrections, amendment requests, or application reminders for the same application or licensure requirement; or (2) cumulatively has had six revisions, corrections, amendment requests, or application reminders for the same license application and the private career school seeks to continue with the application process with additional application submissions. If this fee is paid, the private career school may submit two final application submissions for review prior to application denial under section 136A.829, subdivision 1, clause (2). This provision excludes from its scope nonrepetitive questions or clarifications initiated by the school before the submission of the application, initial interpretation questions or inquiries from the office regarding a completed application, and initial requests from the office for verification or validation of a completed application. new text end

Minnesota Statutes 2022, section 136A.828, subdivision 3, is amended to read:

False statements..

(a) A private career school, agent, or solicitor shall not make, or cause to be made, any statement or representation, oral, written or visual, in connection with the offering or publicizing of a program, if the private career school, agent, or solicitor knows or reasonably should have known the statement or representation to be false, fraudulent, deceptive, substantially inaccurate, or misleading.

(b) Other than opinion-based statements or puffery, a school shall only make claims that are evidence-based, can be validated, and are based on current conditions and not on conditions that are no longer relevant.

(c) A school shall not guarantee or imply the guarantee of employment.

(d) A school shall not guarantee or advertise any certain wage or imply earnings greater than the prevailing wage for entry-level wages in the field of study for the geographic area unless advertised wages are based on verifiable wage information from graduates.

(e) If placement statistics are used in advertising or other promotional materials, the school must be able to substantiate the statistics with school records. These records must be made available to the office upon request. A school is prohibited from reporting the following in placement statistics:

(1) a student required to receive a job offer or start a job to be classified as a graduate;

(2) a graduate if the graduate held a position before enrolling in the program, unless graduating enabled the graduate to maintain the position or the graduate received a promotion or raise upon graduation;

(3) a graduate who works less than 20 hours per week; and

(4) a graduate who is not expected to maintain the position for at least 180 days.

(f) A school shall not use endorsements, commendations, or recommendations by a student in favor of a school except with the consent of the student and without any offer of financial or other material compensation. Endorsements may be used only when they portray current conditions.

(g) A school may advertise that the school or its programs have been accredited by an accrediting agency recognized by the United States Department of Education or the Council for Higher Education Accreditation, but shall not advertise any other accreditation unless approved by the office. The office may approve an institution's advertising of accreditation that is not recognized by the United States Department of Education or the Council for Higher Education if that accreditation is industry specific. Clear distinction must be made when the school is in candidacy or application status versus full accreditation.

(h) A school may advertise that financial aid is available, including a listing of the financial aid programs in which the school participates, but federal or state financial aid shall not be used as a primary incentive in advertisement, promotion, or recruitment.

(i) A school may advertise placement or career assistance, if offered, but shall not use the words "wanted," "help wanted," or "trainee," either in the headline or the body of the advertisement.

(j) A school shall not be advertised under any "help wanted," "employment," or similar classification.

(k) A school shall not falsely claim that it is conducting a talent hunt, contest, or similar test.

new text begin (l) A school shall not make a claim that its program qualifies for a national certification if that national certification entity is not accepted or recognized by Minnesota employers. A school may validate that a national certification is accepted or recognized by Minnesota employers by providing three certified letters from employers that the national certification entity is recognized in Minnesota by employers. new text end

deleted text begin (l) deleted text end new text begin (m) new text end The commissioner, at any time, may require a retraction of a false, misleading, or deceptive claim. To the extent reasonable, the retraction must be published in the same manner as the original claim.

Minnesota Statutes 2022, section 136A.828, is amended by adding a subdivision to read:

New text begin subd. 7. new text end, new text begin nondisclosure agreements. new text end.

new text begin No private career school shall use nondisclosure agreements or other contracts restricting a student's ability to disclose information in connection with school actions or conduct that would be covered under section 136A.8295. new text end

Minnesota Statutes 2022, section 136A.829, subdivision 3, is amended to read:

Powers and duties..

The office shall have (in addition to the powers and duties now vested therein by law) the following powers and duties:

(a) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in the judgment of the office such agreements are or will be helpful in effectuating the purposes of Laws 1973, chapter 714;

(b) To grant conditional private career school license for periods of less than one year if in the judgment of the office correctable deficiencies exist at the time of application and when refusal to issue private career school license would adversely affect currently enrolled students;

(c) The office may upon its own motion, and shall upon the verified complaint in writing of any person setting forth fact which, if proved, would constitute grounds for refusal or revocation under Laws 1973, chapter 714, investigate the actions of any applicant or any person or persons holding or claiming to hold a license or permit. However, before proceeding to a hearing on the question of whether a license or permit shall be refused, revoked or suspended for any cause enumerated in subdivision 1, the office shall grant a reasonable time to the holder of or applicant for a license or permit to correct the situation. If within such time the situation is corrected and the private career school is in compliance with the provisions of sections 136A.82 to 136A.834 , no further action leading to refusal, revocation, or suspension shall be taken.

new text begin (d) To grant a private career school a probationary license for periods of less than three years if, in the judgment of the office, correctable deficiencies exist at the time of application that need more than one year to correct and when the risk of harm to students can be minimized through the use of restrictions and requirements as conditions of the license. Probationary licenses may include requirements and restrictions for: new text end

new text begin (1) periodic monitoring and submission of reports on the school's deficiencies to ascertain whether compliance improves; new text end

new text begin (2) periodic collaborative consultations with the school on noncompliance with sections 136A.82 to 136A.834 or how the institution is managing compliance; new text end

new text begin (3) the submission of contingency plans such as teach-out plans or transfer pathways for students; new text end

new text begin (4) a prohibition from accepting tuition and fee payments prior to the add/drop period of the current period of instruction or before the funds have been earned by the school according to the refund requirements of section 136A.827; new text end

new text begin (5) a prohibition from enrolling new students; new text end

new text begin (6) enrollment caps; new text end

new text begin (7) the initiation of alternative processes and communications with students enrolled at the school to notify students of deficiencies or probation status; new text end

new text begin (8) the submission of a surety under section 136A.822, subdivision 6, paragraph (b), clause (1), that exceeds ten percent of the preceding year's net revenue from student tuition, fees, and other required institutional charges collected; or new text end

new text begin (9) submission of closure information under section 136A.8225. new text end

Minnesota Statutes 2022, section 136A.829, is amended by adding a subdivision to read:

New text begin effect. new text end.

new text begin A private career school or its owners, officers, or sponsoring organization is prohibited from applying for licensure under section 136A.822 within two years of the effective date of a revocation or within two years from the last date of instruction if the school closed prior to all students completing their courses and programs. A school applying for licensure must: new text end

new text begin (1) meet the requirements for licensure under section 136A.822; new text end

new text begin (2) pay the licensure fees as a new school under section 136A.824, subdivision 1; new text end

new text begin (3) correct any deficiencies that were identified in the revocation order or closed school requests under section 136A.8225; new text end

new text begin (4) pay any outstanding fines or penalties under section 136A.832; and new text end

new text begin (5) pay any outstanding student refunds under section 136A.827. new text end

Minnesota Statutes 2023 Supplement, section 136A.833, subdivision 2, is amended to read:

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) postsecondary institutions exempt from registration under sections 136A.653 , subdivisions 1b, 2, 3, and 3a; 136A.657 ; and 136A.658 ;

deleted text begin (4) private career schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country; deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end private schools complying with the requirements of section 120A.22, subdivision 4 ;

deleted text begin (6) deleted text end new text begin (5) new text end courses taught to students in an apprenticeship program registered by the United States Department of Labor or Minnesota Department of Labor and taught by or required by a trade union new text begin . A trade union is an organization of workers in the same skilled occupation or related skilled occupations who act together to secure all members favorable wages, hours, and other working conditions new text end ;

deleted text begin (7) deleted text end new text begin (6) new text end private career schools exclusively engaged in training physically or mentally disabled persons deleted text begin for the state of Minnesota deleted text end ;

deleted text begin (8) deleted text end new text begin (7) new text end private career schools licensed new text begin or approved new text end by boards authorized under Minnesota law to issue licenses for training programs 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;

deleted text begin (9) deleted text end new text begin (8) new text end 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 new text begin , regardless of whether that fee is reimbursed by the employer or third party after the employee successfully completes the training new text end ;

deleted text begin (10) deleted text end new text begin (9) new text end private career schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects new text begin that are not advertised or maintained for vocational or career advancement new text end , including adult basic education, as determined by the office except private career schools required to obtain a private career school license due to the use of deleted text begin "academy," "institute," deleted text end "college deleted text begin , deleted text end " or "university" in their names deleted text begin unless the private career school used "academy" or "institute" in its name prior to August 1, 2008 deleted text end ;

deleted text begin (11) deleted text end new text begin (10) new text end classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership new text begin and not available to the public. In making the determination that the organization is bona fide, the office may request the school provide three certified letters from persons that qualify as evaluators under section 136A.828, subdivision 3, paragraph (l), that the organization is recognized in Minnesota new text end ;

deleted text begin (12) deleted text end new text begin (11) new text end 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 new text begin , vocational or career advancement, new text end or employment. In making this determination the office may seek the advice and recommendation of the Minnesota Board of the Arts;

deleted text begin (13) deleted text end new text begin (12) new text end classes, courses, or programs intended to fulfill the continuing education requirements for new text begin a bona fide new text end 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 or by an industry-specific certification entity, and that are offered exclusively to individuals with the professional licensure or certification new text begin . In making the determination that the licensure or certification is bona fide, the office may request the school provide three certified letters from persons that qualify as evaluators under section 136A.828, subdivision 3, paragraph (l), that the licensure and certification is recognized in Minnesota new text end ;

deleted text begin (14) deleted text end new text begin (13) review new text end classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing, certification, or entrance examinations new text begin and does not include the instruction to prepare students for that license, occupation, certification, or exam new text end ;

deleted text begin (15) deleted text end new text begin (14) new text end classes, courses, or programs providing 16 or fewer clock hours of instruction;

deleted text begin (16) deleted text end new text begin (15) new text end classes, courses, or programs providing instruction in personal development new text begin that is not advertised or maintained for vocational or career advancement new text end , modeling, or acting;

deleted text begin (17) deleted text end new text begin (16) new text end private career schools with no physical presence in Minnesota deleted text begin , as determined by the office, deleted text end 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

deleted text begin (18) deleted text end new text begin (17) new text end private career schools providing exclusively training, instructional programs, or courses where tuition, fees, and any other charges new text begin , regardless of payment or reimbursement method, new text end for a student to participate do not exceed $100.

Minnesota Statutes 2023 Supplement, section 136F.38, subdivision 3, is amended to read:

Program eligibility..

(a) Scholarships shall be awarded only to a student eligible for resident tuition, as defined in section 135A.043 , who is enrolled in any of the following programs of study or certification: (1) advanced manufacturing; (2) agriculture; (3) health care services; (4) information technology; (5) early childhood; (6) transportation; (7) construction; (8) education; (9) public safety; new text begin (10) energy; new text end or deleted text begin (10) deleted text end new text begin (11) new text end a program of study under paragraph (b).

(b) Each institution may add one additional area of study or certification, based on a workforce shortage for full-time employment requiring postsecondary education that is unique to the institution's specific region, as reported in the most recent Department of Employment and Economic Development job vacancy survey data for the economic development region in which the institution is located. A workforce shortage area is one in which the job vacancy rate for full-time employment in a specific occupation in a region is higher than the state average vacancy rate for that same occupation. The institution may change the area of study or certification based on new data once every two years.

(c) The student must be enrolled for at least nine credits in a two-year college in the Minnesota State Colleges and Universities system to be eligible for first- and second-year scholarships.

(d) The student is eligible for a one-year transfer scholarship if the student transfers from a two-year college after two or more terms, and the student is enrolled for at least nine credits in a four-year university in the Minnesota State Colleges and Universities system.

new text begin [137.375] DISABLED VETERANS; UNIVERSITY OF MINNESOTA LANDSCAPE ARBORETUM. new text end

new text begin (a) For purposes of this section, "disabled veteran" means a veteran as defined in section 197.447 who is certified as disabled. "Certified as disabled" means certified in writing by the United States Department of Veterans Affairs or the state commissioner of veterans affairs as having a permanent service-connected disability. new text end

new text begin (b) The University of Minnesota Landscape Arboretum is requested to provide a disabled veteran unlimited access to the University of Minnesota Landscape Arboretum located in the city of Chaska free of charge. The disabled veteran must provide a veteran photo identification card with the term "service-connected" on the identification card, verifying that the disabled veteran has a service-connected disability. new text end

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 135A.16, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, section 135A.162, subdivision 7, new text end new text begin is repealed. new text end

new text begin Paragraph (a) is effective January 1, 2025. new text end

Presented to the governor May 22, 2024

Signed by the governor May 24, 2024, 9:10 a.m.

Official Publication of the State of Minnesota Revisor of Statutes