1998 Minnesota Statutes

     127A.05 Commissioner of children, families, and learning.

    Subdivision 1.    Appointment and duties.  The 
 department shall be under the administrative control of the 
 commissioner of children, families, and learning which office is 
 established.  The commissioner shall be the secretary of the 
 state board.  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 the rules of the state board may provide and be 
 held responsible for the efficient administration and discipline 
 of the department.  The commissioner shall make recommendations 
 to the board and be charged with the execution of powers and 
 duties which the state board may prescribe, from time to time, 
 to promote public education in the state, to safeguard the 
 finances pertaining thereto, and to enable the state board to 
 carry out its duties.  

    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 children, families, 
 and learning 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 and amend them or amend any existing rules only 
 under specific authority.  The commissioner may repeal any 
 existing rules.  Notwithstanding the provisions of section 
 14.05, subdivision 4, 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 adopted rules. 

    Subd. 5.    Evening schools.  The commissioner shall 
 exercise general supervision over the public evening schools, 
 adult education programs, and summer programs. 

    HIST: 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 

*   NOTE:  Subdivisions 3, 4, and 5, as added by Laws 1998, 
*chapter 398, article 6, sections 5, 6, and 10, are effective 
*December 31, 1999.  Laws 1998, chapter 398, article 6, section 
*39.