SF 2183

as introduced - 87th Legislature (2011 - 2012) Posted on 04/24/2012 08:53am

A bill for an act
relating to education; prohibiting the commissioner of education from enforcing
unadopted rules; amending Minnesota Statutes 2010, section 127A.05,
subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 127A.05, subdivision 4, is amended to
read:

Subd. 4.

Administrative rules.

new text begin (a) new text end The commissioner may adopt new rules
or amend any existing rules only under specific authority and consistent with the
requirements of chapter 14. The commissioner may repeal any existing rules adopted
by the commissioner. The commissioner may grant a variance to rules adopted by
the commissioner upon application by a school district for purposes of implementing
experimental programs in learning or school management. This subdivision shall not
prohibit the commissioner from making technical changes or corrections to rules adopted
by the commissioner.

new text begin (b) When the commissioner issues a policy, guideline, bulletin, criterion, manual
standard, or similar pronouncement to school districts that meets the definition of a
rule under section 14.02, subdivision 4, but that has not been adopted as a rule, the
commissioner must include in the pronouncement a notice to the districts that the
pronouncement is not enforceable. Consistent with section 14.381, subdivision 1, a district
may petition the Office of Administrative Hearings seeking an order of an administrative
law judge determining that the commissioner is enforcing or attempting to enforce a
pronouncement as though it were a duly adopted rule.
new 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