December 1, 1998 · 2014. 12. 12. · 3510, 3520, 3525, 3530, 3535, 3540, 3545 and 3550. This report includes: 1) a listing of the Depat1ment of Education Rules Relating to Education,

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980579 NT Of DIPA•TMI MINNISOfA

G_hil£/pn Fami!ies<flrmng

Review

and Repeal

of Rules

December 1, 1998

Annual Report

Report to the

LegiSlature

as required by 5 M.S 14.05. Subd

This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

FOR llORIE INPORllATION CONTACT:

Mary Lynne McAlonie, Rutemaking Coonfinator DMliort of Policy Development & Reporting T: (651) 582-8824 FAX: (651) 512-8728 E-MAll: mmtwme.rnca!onhOstate.rnn.U§

1500 Highway 36 West Roeevlla,MN 5511~

Dlloember 1, 1 ..

and Repe•I

of Rules

....... by M.S. 14.05, Subd. 5

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REVIEW AND REPEAL OF RULES

ANNuAL REPORT

submitted in fulfillment of M. S. 14.05. Subd. 5 by the

Department of Children. Families and Leanriag for State Board of Education/Deparbn of Education Rules Relating to F..clucation

Chapter$ 3'80 . "'° December I, 1998

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ESTIMATED COST OF PRl!PARING THIS REPORT

This report provides infonnation which is maintained and published as Minnesota Rules by the Office of Revisor of Statutes as a part of its normal bo8iness functions. TheAlfore, the coat infonnation reported below does not inctude the cost of gathering the data but rather is limtled to the estimated coat of actuafty analyzing the data, detemUning recommendations and preparing this report doct.ment.

Special ft.mding was not approprialed for lie costs of preparing this Alf)Oft.

The estimated cost incurred by the MirU'8Slta Depanment of Childntn, Families and Leaming in preparing this report is $636.00.

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Review of Rules

Minnesota Statutes, Section 14.05, subd. 5 of the Administrative Procedure Act, which govems rulemaking in state agencies, requires that:

By December 1 of each year, an agency must submit to the governor, the legislative coordinating commission, the policy and funding committees and divisions wtth jurisdiction over the agency, and the revisor of statutes a list of any rules or portions of rutes that are obsolete, unnecessary Of' duplicative of other state or federal statutes or rutes. The list must also include an explanation of why the rute Of' portion of a rule is obsotete, unnecessary or duplicative of other state or federal statutes or rules. By December 1, the agency must either t'9pOf't a timetable for repeal of the rute Gr portion of "8 rules, or must develop a bill for aubmt88ion to the appropriate policy committee to repeal the obaoklte, unnecessary, or duplicative rule. Such a bil must include proposed aulhorization to use the expedited procedures of section 14.389 to repeal or amend the obsolete, unnecessary, or d4 lplicative rute. A report submitted l.llder this subdivision must be signed by the person in the agency who is ~ for identifying and initiating ~ of obsolete rules. The report also must identify the status of any rules identified in the prior year's report as obsolete, unnecessary, or duplicative. If none of an agency's rules are obeolete, unnecesaary, or duplicative, an agency's December 1 report must state that conclusion.

In accordance wilh tu requirement. the Department of Children Families and Laaming has t1Mewed the Depat1ment of Education Rutes Relating to Education, Chapters 3500, 3501, 3505, 3510, 3520, 3525, 3530, 3535, 3540, 3545 and 3550.

This report includes:

1) a listing of the Depat1ment of Education Rules Relating to Education, Chapters 3500 • 3550 that are currently in effect;

2) the effective date of repeal for any of those rules for whtch legislation has been ..aad to repeal; and

3) the designation of obsolete for any of the rules that are id8I died as no longer needed, unnecessary, or duplicative of other state or federal statutes or rules .-Id that are recommended for repeal.

This information is presented in coU'nn form so that it is usefut at a glance.

Any rules identified as obeolete have the word •obsolete• noted in cok.mn (3) three.

In addition, an explanation of why a rule is designated as obsolete is ~'duded in narrative fonn on page 13 following the listing.

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Chlipter 3500 State Board of Education Public School Requirements

3500.0550

3500.0600 Teachers' d

3500.1000 E rams

3500.1050 Definitions for · fees AEQUIMW'S POR MIOOLE & SECONDARY SCHOOLS

3500.3100, Subp. 4. Equivatency Certificate

3500.3900 3500.4000 3500.4100 3500.4200 3500.4300

a..,._3501

Com ion of school ran11in11m.11intc

liMiJqit.Ull'ftlRlll MD Buildings and sites, compliance Schoolhouse plans; submission and approval Sites Facilities Construction

State Board of Education

RULES RELATING TO GRADUATION RULE (1)

RULES RELATING TO GAAOUATION STAHOAlfDS 3501.0010 Purpose 3501.0020 Scope 3501.0030 Definitions 3501.0040 Statewide graduation standards 3501.0050 T eating tor statewide standards in basic requirements 3501.0060 State test options 3501.0070 Nationally normed, commercially published test option 3501.0080 Local test option 3501.0090 Students with individualized education plans or section 504

accommodation plans 3501.0100 Testing considerations for limited English proficiency (LEP)

studenta 3501.1100 Opportunities to learn and remediation 3501.0120 Student recordkeeping 3501.0130 Test security 3501.1400 District reporting requirements 3501.0160 Required documentation tor program audit 3501.0170 Pusing scores for state tests of basic requifementl 3501.0180 Required notification to parents and students

Ru ... Relating to Gnlcitulltion Slandan:ls - Written Compo81Uon 3501.0200 Purpose 3501.0210 Scope 3501.0220 Definitions 3501.0230 Statewide Graduation Standard for Written Composition 3501.0240 General Guidelines for Score Scale Points

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Rule Repealedf En.ctlve Date Obeolete

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RuleRep1 .. 1clf -.....o... m ,.

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3501.0250

3501.0260 3501.0270 3501.0280

3501.0290

3501.0300 3501.0310 3501.0320 3501.0330 3501.0340

3501.0350 3S01.0919 3501.0370 3501.0380 3501.0390 35101.0400 350UM10 3501.0420 3501.0430 3501.o+M> 3501.()441

3801.()442 3501.()443

I 3501,()444

3501.0445 3501.()4.46 35101.9447 3501.0448 3601.()448 3501.0450 3501.0480

3501.0481

3501.9412 3501.0463

3501.0464 3501.0486

3501.0486

3501.0467

3501.0488

3501.0469

Testing for Statewide Standards in the Basic Requirement of Written Composition Alternative Tests for Written Composition School District Responsibilities Test of Written Composition; Limited English Proficient (LEP) Students Passing Score for State Tests of Written Composition

Rules Relating to Gradmtlon Standarda - Profile of Leaming Purpose Scope Definitions Graduation Requirements Variations for Students with IEPs or Section 504 Accommodation Plans Variations for Students with Limited English Proficiency (LEP). Adjusted Performance Packages Assessment and Scoring Student Achievement Advising Students Preparatory Content Standard Record Data High School Student Transcript Data Notification to Parents and Students Implementation Reporting Other District Responsibilities Content Stancdards; High School Level Leaming Area One: Read, Listen, and View in the English Language Leaming Area Two: Write and Speak in the English Language Leaming Area Three: Literature and the Arts Leaming Area Four: Mathematical Applications Leaming Area Five: Inquiry Leaming Area Six: Scientific Applications Leaming Area Seven: People and Cultures Leaming Area Eight: Decision Making Leaming Area Nine: Resou·rce Management Leaming Area Ten: World Langua~ Preparatory Content Standards in Leaming Area One: Read, Listen, and View Preparatory Content Standards in Learning Area Two: Write and Speak Preparatory Content Standards in Leaming Area Three: The Arts Preparatory Content Standards in Leaming Area Four: Mathematicat Appfications Preparatory Content Standards in Leaming Area Five: Inquiry Preparatery Content Standard8 in Leaming Area Six: Applied Scientific MeChocts Prepatatory Content Standards in Leaming Area Seven: Pear* and Cuftutea Preparatory Content Standards in Leeming Area Eight: Decision Making Preparatory Content Standards in Leaming Area Nine: Resource Management Preparatory Content Stanclafdl in Leeming Area Ten: World Lanauaaas

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State Board of Education Secondary Vocational Education

3505.1000 3505.1100 3505.1200 3505.1300 3505.1400 3505.1500 3505.1600 3505.1700 3505.1800 3505.1900 3505.2000 3505.2100 3505.2200 3505.2300

3505.2400 3505.2500 3505.2600 35Q5.4300 3505.4800 3505.4900 3505.5000 3505.5200 3505.5300 3906.5400 3806.5500 3505.5600 3505.5700 3505.5800 3505.5900

CMplll'3110

RULES RELATING TO VOCA'rlONAL EDUCATION 1

RULES FOR VOCATIONAL TECHNICl\L EDUCATION Definitions Standards for program approval Opportunity to appeal Evaluation by state board for vocational aducation Local advisory committee Center approval Local applications for aid Allotment availability of federal funds Annual reports Submission of write plans; use of me.tching funds Apportioning funds Property management standards Standards and procedures govemirg ownership Student er · · · for ms

Scope Instructional program approval Program components and time standards Community buad education Administrative services Support services Staff for placement office Vocational aid Aid for salaries Eligible added cost categories Aid for equipment in handicapped programs Aid limitations Vocational aid application procedure Annual report Student er ibil

State Board of Education licensunt of School Personnel

3610.1700

3610.1800 . 3610.1900 3610.2000 3610.2700

3610.3100 3610.3300

3610.3800

3610.4000

AUL.ES ReLATVfG TO LICEHSURE 1

9UPeRfNTIND8NTS MID PNHCIPALS cbangtd to: 3512.1200 Continuing education programs tor dintctors, principals, and superintendents cbangtd to: 3512.1400 Suspeneion and revocation of licenses Human relations requirement cbanqtd to: 3510.1500 la8uance and renewal of licenses cbangtd to: 3512.2000 Requirements for issuance and renewal of lcenaes cbangtd to: 3512.2400 Suspenaion and revocation of licenses cbangtd to: 3612.2500 Procedures for approawl of licensura prognms chMgtd to: 3512.2600 Licensure for persons prepared in states other than Minnesota

: 3512.2700 Human relations uirement

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Rule Repealed/ Effective Date

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Oltealale

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Chapter 3512

3512.2100 3512.2300

3512.3000

3512.3100

3512.3500

3512.5000 3612.5100

CMplel' 3117 State Board of Education Secondary Vocational Licenaes

(1)

3517.0010 Definitions WHOMUS'f••

3517.0020 How .. chapter apples 3517.0080 :::.....__ ............ .,.and

·-~--• -----~~---- .. ..;! ........

3517.0082 Forms; tees; evafualion; and validly 3517.00IS Required signaSufes 3517.0080 DiffefWlt

dates in··-- .

in

CATIGORllS OF PR.ACTICE: . ""'"""' MD SUPt!ftYl80RS

3517.3000 Qualification for ...... OCCUPATIOML ma-..cr

3517.4000 Occupational experience 3517.4100 Self-employment ap89 ience 3517.4200 Alternative terms of ~

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State Board of Education Student Transportation

RULES RELATING TO STUDENT TRANSPORTATION 1

3520.0400 3520.1400 3520.1500 3520.3300

ChllplM' 3125

STANDARDS FOR AID Transoortation data reporting requirements Regulations relating to equal transportation Free and equal transport to district boundary T ionof . witha . ..

State Board of Education Children with a Diubility

RULIS RELATING TO CHLDREN wmt A Dl8A8LITY

3525.0300 3525.0400 3525.0550 3525.0700 3525.0750 3525.0800 3526.0860

3525.1100 3525.1150 3525.1310

3525.1325 3525.1327 3525.1329 3525.1331 3525.1333 3525.1336 3525.1337 3525.1338 3525.1341 3525.1343 3625.134£ 3525.1341 31521.1350 3525.1362 3525.1354 3525.1356

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Provisior of ful seMce& Leut ..... ictive alternative Pupil IEP maitager Parental inYoMment lderllfficatior'I of childAln wilh disabilities Eneuring provision of in8truction and seMces e.ttaWM' inlalwnliol•

Autism Deaf~ Ernotionaa or beh&Yioral dieoR:l8r's Hearing Impairment Mentally impaired: Milcknode~ Olher helllh inti lilltld Physically impaired Severely mullply impaHd Specific teaming diBabmly Speech or-... lmpairmelu VtSUally imp1illtld Traumatic bfairt injury (T8I) definition and ei itrance criteria Eat1y childhood: Specilf education Dewltopmelltllf ~ ~education: Special education T wn ownide on elgl>ilty decieions Exit

3525.1400 Facilities 3625.1510 Personnel wuiaoces 3525.1550 COlllnlct9d ......

TRIATlllllT AND LbELS OF SERVICE 3525.2325 Education for Sludenls in centers for cant and treatment

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Rules Repealed/ Effective Date Obeolete

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Obsolete

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3525.2335 Early childhood; eligibility and program alternatives 3525.2340 Educational service alternatives 3525.2350 Multidisability team teaching models 3525.2380 Considerations when determining ratios 3525.2385 State interpretor/translator standards for the deaf and hearing . . n

SUPERVISION 3525.2405 Directors 3525.2420 Variance

RULES RELATING TO CHILDREN WITH A DISABILITY 1

3525.2435 3525.2440 3525.2445 3525.2450 3525.2455

3525.2470

3525.2550 3525..2650 3525.27sr 3525.2900 3525.3000 3525.3100 ~.3150 3525.3200 3525.3300 3525.3400 86.3900 3115.31()() 3115.3700 3525.3800 3525.3900 3525.4000 3525.4100 3525.4200 3625.4300 3525.4400 3525.4500 3625.4600 3525.4700

Chapter 3530

SURROGATE PARENTS Effort to locat9 parent Surrogate parent appointment Consultation with county social S8t'Vices Removal of surrogate panNlt

and skills

• , MID HEAR1NG Conduct before assessment Notice before assessment Educational assessment lndMduat education program plan Periodic reviews Follow-up review requirements Requirements for a high school diploma Format notice to parents Contents of notice To ntSident achool district Notice of pertormance or refuuJ to perform assessment Notice of change or refusaf to change placement CoMilation conference When a hearing must be held Notice of a hearing Hearing officefs Prehearing review by the hearing officer Hearing rights of respective parties Hearing procedures DClcisions of hearing officer Filing and mai:ing the decision l:ffective elate of action and appeats Final decision

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State Board of Educatioo Educational and Community Services

AULD MLATING TO COMMUNITY seRVICIES 1

3630.0200 3530.0400 3530.0600 3630.0900 3530.1000 3530.1200 3530.1500 3630.2200 3530.2300 ....., HID2500

.2800

:m3G.2610 :m3G.2612 3530.2614 3530.2816 ..,...,, 3180.26IO .... ..... .., .. .... 31111.2lllO .... ....... ..... 3981.2831 3530.2840 3530.2842

3830.3000 3ll0.3190 .._m 3ll0.3880 ..,_,. 38I0.3780 ... ..o 3llOAOO 3880.400

.4310

°"2111•• 3111

Grant application Nodfication, review, and request for additional information Grant awards Regional lbraly basic system support grants c.-... for eligibility Audit Stryica for tbt bbl and Dhysjclt!y handicapgad and jnstjtutions Multicounty mullype cooperation Office of pubic -- and interlibrary cooperation review Crileria for.._ .. CalcWation of opendil ig grant amounts Midi

Defirlllof19 P8l1ieiplllon in program and delMlfy of MtVice8 8chool dietrict pfan and program l'lpOrt Sct•ning program staff 8orMililtg pocedunls P.wa.dllla lnclulior'l In IChool records ...... prohibited Special education Fees

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RULIS RELATING TO COllUUNITY URVICl!S (1)

CtYIL~- - --3530.4400 Oisuter plan 3530.4500 ptaming coordinator 3530.•700 Civil .• schoot

. .. ... construction

_JI T -···---3530.5600 Community eervices defined 3630.5800 Financing 3530.5900 The district advi8o'Y council 3630.8000 Community school directors 3530.8200 Annual ReDort

Ctt111tu3131 Slale 8oafd of Education Equal Opponunity in Schools

D88S-UTION Pfsf nad Rlllaa R111111"9 te Da••ll'•t•ll•

- ........... 38&01 ... ........., prope11d tor IMloplon .......... " ....... 3135.0280 31a&OIGC> ..... 3181.8800 1516.0IDI 3l3l.0100 3131.0880 3131.1t00 3135.1200 311S.1300 3111.t• 311S.1700

... 3000 3635.3200 3636.3300 353S.3400 363&.3'00 3636.3100

Definitions Policy Duties of local boen:ia, pendy for failure to complv Submi11ion of dlRa Submiasic. 1 of ptan Stendalds for de¥8toping the plan Conl8ntl of the~'*" Ottlgr:egation conMleration8 for MW school .._ Conaideration of equly in deYefoping the plan No uee of pupil grouping or oln11iGatian Aavtrlw ol M ... by the commiltiGI• Nolilcatiell of tan to~

Detillilk>AI __..,.,by ...

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Bienrii9I dMenninaCion of ltudrant inlaNlt Creattng equal opportunjty for two .... Complllnce reports and IUbmieeion of data Outlel of the comminloner of eclucatb\

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3535.9910 Statement of compliance 3535.9920 Form for school board assurance statement

~3540 State Board of Education Nonpublic Schools

RULES RELATING TO NONPUSLC SCHOOLS 1

TDT800KS, INDMOUAUZED INSTRUCTION MATERIALS, STANDARDIZE> TESTS

3540.1400 3540.1500 3540.1600

3540.2500 3540.2800 3540.2700

CMptar314i

Definitions Policy State adfnjnistration of funds Termination of . . if

S FOR PUPILS ATTENDING NONPUBLIC SCHOOLS Policy Health services S1ate administration of funds

GUIDANCI MD COUNSELING SERVICES Policy Services offered State · of funds

Stale Board of Education School Financing

RUUS RELATING TO SCHOOL PINANCING

3545.2100 3545.2200 3546.2400 3545.2500

1 REPORTING REQUIREMENTS

AL.LOAN Preapplication requirement Review and comment by commissioner Approval recommendation by ... board lnfonnation required by sate board

Rules Repealed Etlectlve o.te

Ru ... R1p11ledl ...........

Obeol• 3

Denial a&ate board 50N~~v~FAC1~iunrr•ESSiGRANTSGiUi1ii~~~"t-~~~~-t~~~4

3546.3008 3546.3010 3545.3018 3646.3020

Cit ... , .. ... Board of Education Training and Experience Index

M..• U M._.TING TO TRAINING AHO IX~ INDEX

13560.0100~=== 12

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The rules marked "obsolete" in column (3) are listed below with the explanation of why the rule is obsolete.

3505.4300 Community based education

The requirements in this rule refer to 3500.3500 (repealed 1993), 3505.4400 (to be repealed 8/1/96), and 3505.4700 (to be repealed 8/1/96). It also states in MN Law Ch.224, Art 12, Sec. 36 that program standards are to replace rules in chapter 3505 including community-based cooparative vocational programs.

3545.0600 Applicability of rules 3545.0900 Financial reporting standards 3545.0800 Modified accrual accounting and other accounting requirements 3545.0900 Fund accounting

Rules 3545.0600 through 3545.0900, Financial Accounting Reporting Requirements, are obsolete. This is due to the change in responsibility determined by 1993 Laws, Chpt. 224, Article 12, Sec. 13, which assigned the guidelines for UFARS to the Department of Education. Also, the present rules have been made inaccurate by legislation, and there is nothing in the present rules which is not contained in statute or the UFARS Manual.

3550.0100 Method of determining the training and experience index component of the school foundation aid formuia

Rules of Chapter 3550, Training and Experience Index, is obsolete. 1995 Special Seasion Laws, Chpt. 3, Article 1, Sections 29, 30, 40 and 44 etiminate the Training and Experience component of General Education Revenue beginning in FY 1997. AJso, the present formuta in Rule is not accurate due to subsequent legislation. The formula is specified in statute.

3520.0400 Transportation Data Reporting Requirements

The transportation funding law M.S. 124.A.22 was changed so that 1he funding is based on average dally membership (as part of the General Education Formula). The fonnuta is no longer based on the number of R.ldenta tranaported. Most of the data that was coledad In the past was used to develop the separate transportation budget Becatl8e there are no separate funding formula and budget. there is no need to collect data u we have in the past. In addition, au laws currently cited in this rule have been repeMMj.

3530.1500 Service for the Btind and Physlcalty Handicapped and Institutions.

The rule is no longer needed. The federal Library Services and Construction Act no longer exists for which this rule was necessary.

BILL FOR SueMISSION TO APPROPRIATE POLICY COMMITTEE

The Department of Children, Families & Leaming has initiated the process to develop a bitl to repeal the rules designated as obsolete in this report.

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MINAN:::::, Of DIP

ChikfJr:n, Families(fJ;,rning

36 Wf$1 HIGHW•Y

1500 N SSl13 A266 t05EV!tlf M

562 8200 r ( 6 5 1 I

582 8201 I TY I 6 5 I)

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