Arts Academic Standards

The Minnesota Department of Education has completed the formal rulemaking process for the K-12 Academic Standards in the Arts. The Notice of Adoption was published in the State Register on Monday, November 16. The new K-12 academic standards in the arts go into effect at the beginning of the 2021-22 school year. Relevant rulemaking documents are posted below. A brief discussion of the rulemaking process completed by the MDE is discussed below.

The Request for Comments was published in the State Register on May 29, 2018. The department has completed the Statement of Need and Reasonableness (SONAR) and the final proposed rule draft. The Dual Notice was published in the State Register on January 13, 2020. The dual notice comment period ended on February 12, 2020. The department received more than 25 requests for a public hearing, and a hearing was held before an administrative law judge on March 2, 2020.

The post-hearing comment period ended on Monday, March 9, 2020.

The five working day rebuttal period ended on March 16, 2020.

The administrative law judge issued his initial administrative law judge report on March 31, 2020. This report was reviewed by the Chief Administrative Law Judge, and she issued an order and memorandum on April 9, 2020. The proposed arts standards rules were disapproved due to lack of statutory authority. The department submitted a Request for Reconsideration under Minn. Rules 1400.2240, Subpart 4, to the Chief Administrative Law Judge on June 30, 2020.

The chief judge issued an Order on July 8, 2020, granting the department’s request for reconsideration. This Order determined that the department has the statutory authority to adopt the proposed rules. The proposed rules were then returned to the administrative law judge to complete the required legal, substantive, and procedural review. The Report of the Administrative Law Judge was issued on August 18, 2020. This report found that MDE has the necessary statutory authority and met all procedural requirements, but the proposed rules were disapproved due to vagueness. The report was reviewed by the Chief Administrative Law Judge (chief judge) and she issued her Order of the Chief Administrative Law on August 28, 2020. The chief judge suggested some modifications to the proposed rule language to address some of the issues raised in the ALJ’s report. The department made the modifications suggested by the chief judge and resubmitted the modified rule language for final approval on October 6, 2020. The chief judge approved the proposed rules with modifications on October 13, 2020. The Notice of Adoption was published in the State Register on Monday, November 16, 2020. The proposed rules will go into effect at the beginning of the 2021-22 school year.