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125A.07 RULES OF COMMISSIONER.
(a) As defined in this paragraph, the commissioner must adopt rules relative to qualifications
of essential personnel, courses of study, methods of instruction, pupil eligibility, size of classes,
rooms, equipment, supervision, parent consultation, and other necessary rules for instruction of
children with a disability. These rules must provide standards and procedures appropriate for the
implementation of and within the limitations of sections 125A.08 and 125A.091. These rules must
also provide standards for the discipline, control, management, and protection of children with
a disability. The commissioner must not adopt rules for pupils served primarily in the regular
classroom establishing either case loads or the maximum number of pupils that may be assigned
to special education teachers. The commissioner, in consultation with the Departments of Health
and Human Services, must adopt permanent rules for instruction and services for children
under age five and their families. These rules are binding on state and local education, health,
and human services agencies. The commissioner must adopt rules to determine eligibility for
special education services. The rules must include procedures and standards by which to grant
variances for experimental eligibility criteria. The commissioner must, according to section
14.05, subdivision 4, notify a district applying for a variance from the rules within 45 calendar
days of receiving the request whether the request for the variance has been granted or denied. If
a request is denied, the commissioner must specify the program standards used to evaluate the
request and the reasons for denying the request.
(b) As provided in this paragraph, the state's regulatory scheme should support schools by
assuring that all state special education rules adopted by the commissioner result in one or more
of the following outcomes:
(1) increased time available to teachers and, where appropriate, to support staff including
school nurses for educating students through direct and indirect instruction;
(2) consistent and uniform access to effective education programs for students with
disabilities throughout the state;
(3) reduced inequalities and conflict, appropriate due process hearing procedures and
reduced court actions related to the delivery of special education instruction and services for
students with disabilities;
(4) clear expectations for service providers and for students with disabilities;
(5) increased accountability for all individuals and agencies that provide instruction and
other services to students with disabilities;
(6) greater focus for the state and local resources dedicated to educating students with
disabilities; and
(7) clearer standards for evaluating the effectiveness of education and support services for
students with disabilities.
History: Ex1959 c 71 art 1 s 17; 1961 c 559 s 2; 1961 c 690 s 1; 1965 c 241 s 1-3; 1967 c
872 s 1; 1969 c 981 s 2-5; 1971 c 689 s 1-3; 1973 c 683 s 1,2; 1975 c 162 s 41; 1975 c 321 s 2;
1975 c 432 s 8-10; 1976 c 211 s 1-6; 1976 c 271 s 13-18; 1977 c 447 art 3 s 1-4; 1977 c 449 s 12;
1978 c 733 s 1; 1978 c 764 s 3-5; 1978 c 793 s 61; 1979 c 334 art 2 s 1,2; art 3 s 2,3; 1980 c 509
s 30; 1981 c 358 art 1 s 1; art 3 s 2-7; 1982 c 424 s 28,29,130; 1982 c 548 art 3 s 1-3; 1983 c 247
s 55; 1983 c 258 s 13; 1983 c 314 art 1 s 22; art 3 s 1; 1984 c 463 art 3 s 1; 1984 c 654 art 5 s 58;
1Sp1985 c 12 art 3 s 2-8; 1986 c 444; 1987 c 384 art 2 s 24; 1987 c 398 art 3 s 2-14; 1988 c 486 s
2-5; 1988 c 629 s 24; 1988 c 718 art 3 s 1; art 6 s 2; 1989 c 209 art 2 s 1; 1989 c 329 art 3 s 1-3;
1991 c 265 art 3 s 1,2,38; art 11 s 1; 1991 c 292 art 6 s 58 subd 2; 1992 c 499 art 3 s 1-7; art 11 s
1; 1993 c 224 art 3 s 1-9; art 14 s 3; 1994 c 483 s 1; 1994 c 647 art 3 s 2-8,34; 1Sp1995 c 3 art 3
s 1-3; art 16 s 13; 1996 c 412 art 2 s 1,2; art 3 s 1-3; 1998 c 397 art 2 s 25,164; art 11 s 3; 1998 c
398 art 2 s 8; art 5 s 55; 1999 c 123 s 6; 2004 c 294 art 5 s 10

Official Publication of the State of Minnesota
Revisor of Statutes