RulemakingLegislation :

The legislature can delegate authority to state agencies to create rules that help the agency perform its duties. Rules guide agency practices and can be adopted through formal, exempt or expedited rulemaking, depending on which process the legislature wants the agency to use. The particular language that includes this mandate is called the statutory authority for the rule. The State Legislature has a list of  *Minnesota Rules organized numerically by chapter.

For more specific information on rulemaking, please refer to *Rulemaking in Minnesota: A Guide by Paul M. Marinac, Deputy Revisor of Statutes.

*By selecting this link, you will be leaving the MDE Web site. See our copyright notice at the bottom of the page for our disclaimer regarding these links.

Rulemaking Docket
MDE is responsible for maintaining a public docket for each rule currently under consideration. The docket lists the subject matter of each rule, the current status, the agency contact person, and links to any relevant documents. Those items are listed below.

Science Academic Standards Rules
MDE proposes to adopt into rule the science academic standards developed by the 2004 Science Standards Development Committee. A Notice of Intent to Adopt Expedited Rules Without a Public Hearing was published in the September 2, 2008 State Register. As directed by statute, these rules will be adopted using an expedited rulemaking process and will not be subject to a hearing. However, written comments on the proposed expedited rules are welcome, and may be submitted until Friday, October 3, 2008. Written comments or questions should be directed to Kathryn Olson by phone, fax or email using the contact information listed at the top of this page. More detailed information is found in the Notice of Intent to Adopt Expedited Rules without a Public Hearing, which is available below. A copy of the proposed expedited rules is also available below, or by contacting Kathryn Olson.

Graduation-Required Assessment for Diploma (GRAD) Proposed Rules
On July 21, 2008, the Department proposed permanent rules for implementing and administering the Graduation-required Assessment for Diploma (GRAD) in reading, mathematics, and writing. The Department was directed by the Minnesota Legislature in 2007 to adopt rules governing GRAD for students in unique circumstances. The Department already administers similar rules for the Basic Skills Tests in Minn. R. Chapter 3501. The proposed rules for GRAD would serve to streamline and clarify these rules for this new generation of graduation exams. A copy of the proposed rules is available below.

As the Department received at least 25 valid requests for a hearing, it will hold a public hearing in Conference Center B, Room 16, 1500 Highway 36 West, Roseville, Minnesota 55113, starting at 10:00 a.m. on Wednesday, September 3, 2008.

A Statement of Need and Reasonableness (SONAR) has been prepared by the Department in support of these proposed rule changes and is available below. Please consult the Dual Notice, also available below, for more information on this rulemaking process.

Mathematics Academic Standards Proposed Rules
A possible hearing on the mathematics academic standards proposed rules, originally scheduled for Friday, August 1, 2008, was cancelled because the Department of Education did not receive 25 requests to hold the hearing. The rules were submitted to the Office of Administrative Hearings on July 23, 2008, and have been reviewed by Administrative Law Judge Richard C. Luis. The Department of Education will now begin the final steps in the rule adoption process.  

A copy of the proposed rules and other supporting documents is available below, or you may contact rulemaking coordinator Kathryn Olson.

Special Education Rules
Deputy Commissioner Chas Anderson signed the Order Adopting Rules on August 18, 2008. The Notice of Adoption will be published in the State Register on September 8, 2008, and the rules become effective five working days later, on September 15, 2008. The Order and Notice are posted below.

Career & Technical Education Rules
The Minnesota Department of Education is revising its rules governing career and technical education. The updated rules will provide guidance for districts about career and technical education programs and transitioning students from secondary education to postsecondary education in various career fields. New statutory authority enacted in the 2007-2008 legislative session directed the Department to adopt rules governing career and technical education programs for grades 7 through 12. Additionally, the rules must be modified to reflect recent changes in state and federal legislation. A draft of the proposed career and technical education rules is posted on this website below. The Department anticipates making changes to these proposed rules based upon stakeholder meetings and comments received. A Request for Comments was published in the State Register on July 30th, 2007, and is posted below. Interested individuals may request to be informed about the rulemaking process or send comments, including any suggested alternate language, to Kerstin Forsythe or via fax (651) 582-8242, or phone (651) 582-8583.