RulemakingLegislation : Minnesota Department of Education

Rulemaking

Rulemaking

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.

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.

Full Text of the Specific Learning Disability Criteria
The Minnesota Department of Education has formally adopted a revised rule governing specific learning disability criteria. *To view the full text of the new rule, visit the Minnesota Revisor of Statute’s Web page containing the specific learning disability rule.

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 October 20, 2008, Administrative Law Judge Kathleen Sheehy approved the Department's proposed GRAD rule and recommended that it be adopted. The report is available below. The Department is now working to complete the remaining procedural steps in order to adopt the rule.

The Department was directed by the Minnesota Legislature in 2007 to adopt rules governing the Graduation-required Assessment for Diploma (GRAD) for students in unique circumstances. The Department held a public hearing regarding the proposed permanent rules for implementing and administering the GRAD in reading, mathematics, and writing on Wednesday, September 3, 2008. The Department's response to comments received after the hearing is available below. A copy of proposed rules is available below. A Statement of Need and Reasonableness (SONAR) has been prepared by the Department in support of these proposed rule changes and is also available below.

Mathematics Academic Standards Proposed Rules
The rulemaking process for these proposed rules is now complete, and the Minnesota Department of Education has formally adopted new rules governing mathematics academic standards. The new rules are numbered 3525.0700 to 3525.0745, and replace the old mathematics academic standards rules. You may access a copy of the new rules below on this webpage, or at the *Revisor's webpage.

Secondary Career & Technical Education Rules
The Minnesota Department of Education is revising its rules governing secondary 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 copy of the proposed rules is available below. A Statement of Need and Reasonableness (SONAR) has been prepared by the Department in support of these proposed rule changes and is also available below.

The Department of Education intends to adopt these rules without a public hearing following the procedures in the rules of the Office of Administrative Hearings, Minnesota Rules, parts 1400.2300 to 1400.2310, and the Administrative Procedure Act, Minnesota Statutes, sections 14.22 to 14.28. The Dual Notice was published in the State Register on October 13, 2008. A copy of the Dual Notice is available below. For more information about the rulemaking process please review the Dual Notice once it is published. If you have any further questions please contact Kerstin Forsythe or via fax (651) 582-8248, or phone (651) 582-8583.

* Links to third-party sites are provided as a service to Minnesota Department of Education (MDE) Website visitors. See our disclaimer regarding these sites in our copyright information linked at the bottom of this page. Links will open in a new browser window.

Secondary Career and Technical Education Rules

Secondary Career and Technical Education: Dual Notice of Intent to Adopt Rules Without a Public Hearing PDF Version 605Kb (10/13/08)
     This document explains that the agency will adopt rules unless it receives 25 or more requests for a hearing; explains how to request a hearing or comment on the rules; outlines important deadlines; and contains procedural information.
Secondary Career and Technical Education: Statement of Need and Reasonableness (SONAR) PDF Version 442Kb (10/9/08)
     This SONAR explains the necessity and reasonableness to the amendments to the Secondary Career and Technical Education rules
Secondary Career and Technical Education: Proposed Final Rules PDF Version 2Mb (10/9/08)
     This document contains the agency's proposed final rules related to the Secondary Career and Technical Education Rules
Career & Technical Education: Request for comments PDF Version 205Kb (7/31/07) Native Version 74Kb (7/31/07)
     Request for comments on possible amendments to rules governing career & technical education Minnesota Rules Chapter 3505, posted in the state register on July 30, 2007.

Science Academic Standards Rules

Science Standards Rules: Proposed Expedited Permanent Rules Relating to Science Academic Standards PDF Version 953Kb (8/29/08)
     This document contains the proposed rules related to science academic standards.
Science Standards Rules: Notice of Intent to Adopt Expedited Rules without a Public Hearing PDF Version 272Kb (8/29/08)
     This document explains that the agency will adopt rules relating to science academic standards using an expedited process, describes the expedited rulemaking process and instructs individuals about how to submit written comments on the rules.

Graduation-Required Assessment for Diploma (GRAD) Rules

Graduation-Required Assessment for Diploma (GRAD): Report of the Administrative Law Judge PDF Version 214Kb (10/21/08)
     This document contains the Administrative Law Judge's report examining the necessity and reasonableness of the Department's proposed GRAD rule and recommending that the rule be adopted.
Graduation-Required Assessment for Diploma (GRAD): Agency Response to Comments Received After Hearing PDF Version 5Mb (9/12/08)
     This document responds to comments on the proposed rule and proposes a few technical rule language amendments in response to public comment.
Graduation-Required Assessment for Diploma (GRAD): Statement of Need and Reasonableness (SONAR) PDF Version 4Mb (7/18/08)
     This SONAR explains the necessity and reasonableness of the GRAD rule.
Graduation-Required Assessment for Diploma (GRAD): Proposed Final Rules PDF Version 1Mb (7/16/08)
     This document contains the agency's proposed final rules related to the Graduation-Required Assessment for Diploma (GRAD).
Graduation-Required Assessment for Diploma (GRAD): Dual Notice PDF Version 560Kb (7/16/08)
     This document explains that the agency will adopt rules unless it receives 25 or more requests for a hearing; explains how to request a hearing or comment on the rules; outlines important deadlines; and contains procedural information.

Math Academic Standards Rules

Adopted Permanent Rules Relating to Academic Standards for Mathematics PDF Version 1Mb (10/3/08)
     Full text of the new rules governing mathematics academic standards.
Math Academic Standards - Proposed Final Rules PDF Version 1Mb (6/17/08)
     This document contains the agency's proposed new rules related to mathematics academic standards.
Mathematics Academic Standards Rules: Dual Notice PDF Version 597Kb (6/13/08)
     This document explains that the agency will adopt rules unless it receives 25 or more requests for a hearing; explains how to request a hearing or comment on the rules; outlines important deadlines; and contains procedural information.
Mathematics Standards Rules: Request for Comments PDF Version 85Kb (6/1/07)
     Request for Comments on possible amendments to rules governing mathematics academic standards, Minnesota Rules, 3501.0560 to 3501.0610.

Special Education Rules

Special Education Rules: Notice of Adoption PDF Version 720Kb (8/29/08)
     This document is the official notice to the public that the agency has adopted the Special Education Rules
Special Education Rules: Order Adopting Rules PDF Version 496Kb (8/29/08)
     This document is the agency's formal adoption of the Special Education Rules.