Minnesota Statutes: Post-Secondary Education, Chapters 136A-137G
Minnesota Office of Higher Education
136A.01 creates the Minnesota Office of Higher Education and defines its responsibilities.
136A.095 is a legislative policy statement that the state’s interest is served by providing financial
aid to disadvantaged students.
136A.101 subd 2 (8) defines “resident student.” Expanding the definition of “resident
student” to explicitly include undocumented students appears to the key legislative change.
136A.121 pertaining to grants prohibits denying eligibility based on “sex, creed, race, color,
national origin or ancestry” but it is unclear whether “national origin” or “ancestry” is broad
enough to cover undocumented students.
136A.127 Achieve Scholarship Program as written would likely bar participation by
undocumented students due to reference to eligibility under Federal statutes. A revised
definition of “resident student” would appear to remove this barrier.
Minnesota State Colleges and Universities
136F.06 grants power to the MNSCU Board to prescribe admission criteria, set tuition and fees
and exercise other powers “unless otherwise directed or prohibited by law.” This chapter also
directs MNSCU to focus on workforce development and employability.
136F.19 Power of You Program makes grants to eligible students but the definition of eligible is
ambiguous and not identical with “resident student.”
University of Minnesota
137.105 Tuition Guarantee Plan (UofM) and the University Promise scholarships would
probably apply to undocumented students if the “resident student” definition were broadened.
136G.09 College Savings Plan Accounts contain no language that appears to deny participation
to undocumented students or their families.
Precedent. Chapter 137.16 Morris Branch – Admission of Indians was enacted in 1909 at a time
when Native Americans were not legally citizens of the U.S. The Snyder Act of 1924 gave
Native Americans full citizenship. This chapter grants Indians free tuition and equality with
white students.