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1. New sample letter

2. Relevant Minnesota Administrative Law [14.14 Hearing on rule; 14.25 Public hearing; 14.389 Expedited process; 14.366 Public rulemaking docket.]

1. Sample letter (Please legibly print full legal name, address, phone number, and date, and write signature as you normally do.)

Division of Accountability and Compliance

Department of Children, Families, & Learning

1500 Highway 36 West,

Re: Department of Children, Families and Learning

Proposed Expedited Permanent Rules Relating To Variances

I disagree with CFL proposed expedited permanent State Special

Education Rules relating to variances for the following reasons:

1. If a school district requests a variance under the proposed new

rules, and the CFL commissioner approves it, citizens who oppose

the decision of the commissioner have no recourse except to submit

written arguments against it to...the CFL commissioner. This is like

having a fox guard the chicken coop. This appeal process is also

unfair because the commissioner can easily change the rationale

for a decision in response to arguments against it.

2.CFL will require no public input and no public process for the

renewal of an approved variance through the school district's

school board, Special Education Advisory Committee or site

based councils. With compulsory education, public input and

3. CFL has set no time limits on the provisions which authorize the CFL

commissioner to approve requests for rule variances, and does not

require the commissioner to set time limits on the variances granted.

There is also no trigger that a citizen/entity can use to override a rule

variance after it has been approved by CFL.

I therefore request a hearing.

Signature Date Signed

2. Relevant Minnesota Statutes

14.14 Hearing on rule.

Subdivision 1. Required hearing. When a public

hearing is required under section 14.25 or when an agency

decides to proceed directly to a public hearing, the agency

shall proceed under the provisions of sections 14.14 to 14.20

and hold a public hearing affording all affected interests an

opportunity to participate...

http://www.revisor.leg.state.mn.us/stats/14/14.html

14.25 Public hearing.

Subdivision 1. Requests for hearing. If, during the

30-day period allowed for comment, 25 or more persons submit to

the agency a written request for a public hearing of the

proposed rule, the agency shall proceed under the provisions of

sections 14.14 to 14.20. The written request must include: (1)

the name and address of the person requesting the public

hearing; and (2) the portion or portions of the rule to which

the person objects or a statement that the person opposes the

entire rule. If not previously published under section 14.22,

subdivision 2, a notice of the public hearing must be published

in the State Register and mailed to those persons who submitted

a written request for the public hearing. Unless the agency has

modified the proposed rule, the notice need not include the text

of the proposed rule but only a citation to the State Register

pages where the text appears.

A written request for a public hearing that does not comply

with the requirements of this section is invalid and may not be

counted by the agency for purposes of determining whether a

public hearing must be held....

http://www.revisor.leg.state.mn.us/14/25.html

14.389 Expedited process.

Subdivision 1. Application. This section applies

when a law requiring or authorizing rules to be adopted states

that this section must or may be used to adopt the rules. When

a law refers to this section, the process in this section is the

only process an agency must follow for its rules to have the

force and effect of law. Sections 14.19 and 14.366 apply to

rules adopted under this section.

[Subd. 2 - 4 omitted]

Subd. 5. Option. A law authorizing or requiring

rules to be adopted under this section may refer specifically to

this subdivision. If the law contains a specific reference to

this subdivision, as opposed to a general reference to this

(1) the notice required in subdivision 2 must include a

statement that a public hearing will be held if 100 or more

people request a hearing. The request must be in the manner

specified in section 14.25; and

(2) if 100 or more people submit a written request for a

public hearing, the agency may adopt the rule only after

complying with all of the requirements of chapter 14 for rules

adopted after a public hearing.

See full text at

http://www.revisor.leg.state.mn.us/stats/14/389.html

14.366 Public rulemaking docket.

(a) Each agency shall maintain a current, public rulemaking docket.

(b) The rulemaking docket must contain a listing of the precise subject matter of each possible proposed rule currently under active consideration within the agency for proposal, the name and address of agency personnel with whom persons may communicate with respect to the matter, and an indication of its present status within the agency.

(c) The rulemaking docket must list each pending rulemaking proceeding. A rulemaking proceeding is pending from the time it is begun, by publication of the notice of solicitation, the notice of intent to adopt, or notice of hearing, to the time it is terminated, by publication of a notice of withdrawal or the rule becoming effective. For each rulemaking proceeding, the docket must indicate:

(1) the subject matter of the proposed rule;

(2) a citation to all published notices relating to the proceeding;

(3) where written comments on the proposed rule may be inspected;

(4) the time during which written comments may be made;

(5) the names of persons who have made written requests for a public hearing, where those requests may be inspected, and where and when the hearing will be held;

(6) the current status of the proposed rule and any agency determinations with respect to the rule;

(7) any known timetable for agency decisions or other action in the proceeding;

(8) the date of the rule's adoption;

(9) the date the rule was filed with the secretary of state; and

(10) when the rule will become effective.

http://www.revisor.leg.state.mn.us/stats/14/366.html


	Mann for School Board \| home NCEA Materials \| Alert \| City Pages Whitewashes Mpls Public Schools \| Re: [Mpls] City Pages Whitewashes Mpls Public Schools \| Re: [Mpls] Back to school night/ Rules of the world \| [mpls] "Forced Bussing" \| Re: [Mpls] Strib school board endorsements \| Re: [Mpls] MPS teacher study \| Special Education Alert #2 \| Five Reasons to Oppose the District's Plan to Restructure SEAC \| [Extract from] Oppression Minnesota-Style \| Minneapolis NAACP branch installs a new president \| Arundhati Roy on the War Against Iraq \| Russian Defence Ministry Intelligence Information Pops Up on the Internet \| Iraq occupation quiz \| K-12 School Propaganda Alert 1. New sample letter 2. Relevant Minnesota Administrative Law [14.14 Hearing on rule; 14.25 Public hearing; 14.389 Expedited process; 14.366 Public rulemaking docket.] 1. Sample letter (Please legibly print full legal name, address, phone number, and date, and write signature as you normally do.) Kristin Asche, Division of Accountability and Compliance Department of Children, Families, & Learning 1500 Highway 36 West, Roseville, MN 55113 Fax: (651) 582-8725 Re: Department of Children, Families and Learning Proposed Expedited Permanent Rules Relating To Variances 3500.0400 Variance I disagree with CFL proposed expedited permanent State Special Education Rules relating to variances for the following reasons: 1. If a school district requests a variance under the proposed new rules, and the CFL commissioner approves it, citizens who oppose the decision of the commissioner have no recourse except to submit written arguments against it to...the CFL commissioner. This is like having a fox guard the chicken coop. This appeal process is also unfair because the commissioner can easily change the rationale for a decision in response to arguments against it. 2.CFL will require no public input and no public process for the renewal of an approved variance through the school district's school board, Special Education Advisory Committee or site based councils. With compulsory education, public input and oversight is vital. 3. CFL has set no time limits on the provisions which authorize the CFL commissioner to approve requests for rule variances, and does not require the commissioner to set time limits on the variances granted. There is also no trigger that a citizen/entity can use to override a rule variance after it has been approved by CFL. I therefore request a hearing. Name Street, City, State, Zip Code Telephone number Signature Date Signed 2. Relevant Minnesota Statutes 14.14 Hearing on rule. Subdivision 1. Required hearing. When a public hearing is required under section 14.25 or when an agency decides to proceed directly to a public hearing, the agency shall proceed under the provisions of sections 14.14 to 14.20 and hold a public hearing affording all affected interests an opportunity to participate... See full text at http://www.revisor.leg.state.mn.us/stats/14/14.html 14.25 Public hearing. Subdivision 1. Requests for hearing. If, during the 30-day period allowed for comment, 25 or more persons submit to the agency a written request for a public hearing of the proposed rule, the agency shall proceed under the provisions of sections 14.14 to 14.20. The written request must include: (1) the name and address of the person requesting the public hearing; and (2) the portion or portions of the rule to which the person objects or a statement that the person opposes the entire rule. If not previously published under section 14.22, subdivision 2, a notice of the public hearing must be published in the State Register and mailed to those persons who submitted a written request for the public hearing. Unless the agency has modified the proposed rule, the notice need not include the text of the proposed rule but only a citation to the State Register pages where the text appears. A written request for a public hearing that does not comply with the requirements of this section is invalid and may not be counted by the agency for purposes of determining whether a public hearing must be held.... See full text at http://www.revisor.leg.state.mn.us/14/25.html 14.389 Expedited process. Subdivision 1. Application. This section applies when a law requiring or authorizing rules to be adopted states that this section must or may be used to adopt the rules. When a law refers to this section, the process in this section is the only process an agency must follow for its rules to have the force and effect of law. Sections 14.19 and 14.366 apply to rules adopted under this section. [Subd. 2 - 4 omitted] Subd. 5. Option. A law authorizing or requiring rules to be adopted under this section may refer specifically to this subdivision. If the law contains a specific reference to this subdivision, as opposed to a general reference to this section: (1) the notice required in subdivision 2 must include a statement that a public hearing will be held if 100 or more people request a hearing. The request must be in the manner specified in section 14.25; and (2) if 100 or more people submit a written request for a public hearing, the agency may adopt the rule only after complying with all of the requirements of chapter 14 for rules adopted after a public hearing. See full text at http://www.revisor.leg.state.mn.us/stats/14/389.html 14.366 Public rulemaking docket. (a) Each agency shall maintain a current, public rulemaking docket. (b) The rulemaking docket must contain a listing of the precise subject matter of each possible proposed rule currently under active consideration within the agency for proposal, the name and address of agency personnel with whom persons may communicate with respect to the matter, and an indication of its present status within the agency. (c) The rulemaking docket must list each pending rulemaking proceeding. A rulemaking proceeding is pending from the time it is begun, by publication of the notice of solicitation, the notice of intent to adopt, or notice of hearing, to the time it is terminated, by publication of a notice of withdrawal or the rule becoming effective. For each rulemaking proceeding, the docket must indicate: (1) the subject matter of the proposed rule; (2) a citation to all published notices relating to the proceeding; (3) where written comments on the proposed rule may be inspected; (4) the time during which written comments may be made; (5) the names of persons who have made written requests for a public hearing, where those requests may be inspected, and where and when the hearing will be held; (6) the current status of the proposed rule and any agency determinations with respect to the rule; (7) any known timetable for agency decisions or other action in the proceeding; (8) the date of the rule's adoption; (9) the date the rule was filed with the secretary of state; and (10) when the rule will become effective. http://www.revisor.leg.state.mn.us/stats/14/366.html