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Minnesota Legislature

Office of the Revisor of Statutes

HF 3181

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2018 03:16pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/01/2018

Current Version - as introduced

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A bill for an act
relating to education; requiring the high school league to maintain a public
rulemaking docket; providing for eligibility rules hearings; amending Minnesota
Statutes 2016, section 128C.03.

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

Section 1.

Minnesota Statutes 2016, section 128C.03, is amended to read:


128C.03 PROCEDURES.

new text begin Subdivision 1. new text end

new text begin Eligibility rules docket. new text end

deleted text begin The league shall adopt procedures to ensure
public notice of all eligibility rules and policies that will afford the opportunity for public
hearings on proposed eligibility rules. If requested by 100 or more parents or guardians of
students, the public hearing must be conducted by an administrative law judge from the
Office of Administrative Hearings, by a person hired under contract by the Office of
Administrative Hearings, or by an independent hearing officer appointed by the commissioner
of education from a list maintained for that purpose. At the conclusion of a hearing requested
by 100 or more parents or guardians of students, the person conducting the hearing shall
write a report evaluating the extent to which the league has shown that the proposed rule is
needed and reasonable and the legality of the proposed rule. The league shall pay for hearings
under this section.
deleted text end new text begin (a) "Eligibility rules," as used in this section, includes league bylaws,
policies, and procedures.
new text end

new text begin (b) The league must maintain a public rulemaking docket on the league's Web site. At
least 30 days before a board meeting to consider a new eligibility rule or change to an
existing eligibility rule, the league must post on the docket notice of the meeting and a copy
of the proposed rule, including the proposed effective date. The league must post on the
docket notice of a hearing held in accordance with subdivision 2 and a copy of all documents
submitted to the administrative law judge or hearing officer and the hearing report.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility rules hearings. new text end

new text begin (a) The league must hold a public hearing on a
proposed eligibility rule if it receives a request by 25 or more parents or guardians of students.
The league must pay for hearings under this section.
new text end

new text begin (b) A hearing under this section must be conducted by an administrative law judge or
by an independent hearing officer appointed by the commissioner of education from a list
maintained for that purpose. The commissioner of education must comment at the hearing
or in writing on whether a proposed rule is needed and reasonable. At the conclusion of the
hearing, the person conducting the hearing must write a report evaluating the need for and
reasonableness of the proposed rule.
new text end

new text begin (c) If the administrative law judge or hearing officer determines that the proposed rule
is not needed and reasonable, the league must remedy the defects identified in the hearing
report. The league must submit the revised proposed rule to the administrative law judge
or hearing officer for approval. The league must not adopt the rule until it has received final
approval from the administrative law judge or hearing officer.
new text end