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Minnesota Legislature

Office of the Revisor of Statutes

127A.05 COMMISSIONER OF EDUCATION.
    Subdivision 1. Appointment and duties. The department shall be under the administrative
control of the commissioner of education which office is established. The governor shall appoint
the commissioner under the provisions of section 15.06.
The commissioner shall be a person who possesses educational attainment and breadth
of experience in the administration of public education and of the finances pertaining thereto
commensurate with the spirit and intent of this code. Notwithstanding any other law to the
contrary, the commissioner may appoint two deputy commissioners who shall serve in the
unclassified service. The commissioner shall also appoint other employees as may be necessary
for the organization of the department. The commissioner shall perform such duties as the law
and rules may provide and be held responsible for the efficient administration and discipline of
the department. The commissioner is charged with the execution of powers and duties to promote
public education in the state and to safeguard the finances pertaining thereto.
    Subd. 2. Review of state laws and rules. The commissioner shall review all
education-related mandates in state law or rule once every four years to determine which
mandates fail to adequately promote public education in the state. The commissioner shall report
the findings of the review to the education committees of the legislature by February 1 in the
year following the completion of the review.
    Subd. 3. General supervision over public schools and educational agencies. The
commissioner of education shall adopt goals for and exercise general supervision over public
schools and public educational agencies in the state, classify and standardize public elementary
and secondary schools, and prepare for them outlines and suggested courses of study. The
commissioner shall develop a plan to attain the adopted goals. The commissioner may recognize
educational accrediting agencies for the sole purposes of sections 120A.22, 120A.24, and
120A.26.
    Subd. 4. Administrative rules. 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.
    Subd. 5. Evening schools. The commissioner shall exercise general supervision over the
public evening schools, adult education programs, and summer programs.
    Subd. 6. Survey of districts. The commissioner of education shall survey the state's
school districts and teacher preparation programs and report to the education committees of the
legislature by January 15 of each odd-numbered year on the status of teacher early retirement
patterns, the teacher shortage, and the substitute teacher shortage, including patterns and shortages
in subject areas and regions of the state. The report must also include how districts are making
progress in hiring teachers and substitutes in the areas of shortage and a five-year projection
of teacher demand for each district.
History: Ex1959 c 71 art 2 s 16; 1969 c 1129 art 8 s 16; 1977 c 305 s 41; 1978 c 764 s 8;
1983 c 150 s 1; 1992 c 499 art 8 s 1; 1993 c 224 art 9 s 16,17; 1Sp1995 c 3 art 16 s 13; 1998 c
397 art 4 s 51; art 11 s 3; 1998 c 398 art 6 s 4-12; 1999 c 241 art 9 s 30,31; 2000 c 489 art 6 s
26; art 10 s 15; 2003 c 130 s 10-12; 1Sp2003 c 9 art 12 s 15