HF 44

as introduced - 87th Legislature (2011 - 2012) Posted on 01/10/2011 11:14am

A bill for an act
relating to education; establishing high school assessments to determine college
and career readiness; requiring reports; amending Minnesota Statutes 2010,
section 120B.30, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 120B.30, subdivision 1, is amended to read:

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021, include multiple choice questions,
and be administered annually to all students in grades 3 through 8. State-developed high
school tests aligned with the state's required academic standards under section 120B.021
and administered to all high school students in a subject other than writing must include
multiple choice questions. The commissioner shall establish one or more months during
which schools shall administer the tests to students each school year. For students enrolled
in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
mathematics, and writing shall fulfill students' basic skills testing requirements for a
passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 based on the first
uniform test administered in February 1998. Students who have not successfully passed
a Minnesota basic skills test by the end of the 2011-2012 school year must pass the
graduation-required assessments for diploma under paragraph (c).

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the deleted text begin 2013-2014 deleted text end new text begin 2015-2016 new text end school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(d) Students enrolled in grade 8 in any school year from the 2005-2006 school
year to the 2009-2010 school year who do not pass the mathematics graduation-required
assessment for diploma under paragraph (c) are eligible to receive a high school diploma
if they:

(1) complete with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the students their diploma;

(2) participate in district-prescribed academic remediation in mathematics; and

(3) fully participate in at least two retests of the mathematics GRAD test or until
they pass the mathematics GRAD test, whichever comes first. A school, district, or
charter school must place a student's highest assessment score for each of the following
assessments on the student's high school transcript: the mathematics Minnesota
Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing
Graduation-Required Assessment for Diploma, and when applicable, the mathematics
Graduation-Required Assessment for Diploma and reading Graduation-Required
Assessment for Diploma.

In addition, the school board granting the students their diplomas may formally
decide to include a notation of high achievement on the high school diplomas of those
graduating seniors who, according to established school board criteria, demonstrate
exemplary academic achievement during high school.

(e) The 3rd through 8th grade and high school test results shall be available to
districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the high school test results upon receiving those results.

(f) The 3rd through 8th grade and high school tests must be aligned with state
academic standards. The commissioner shall determine the testing process and the order
of administration. The statewide results shall be aggregated at the site and district level,
consistent with subdivision 1a.

(g) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations or alternate
assessments;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Sec. 2.

Minnesota Statutes 2010, section 120B.30, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin High school assessments. new text end

new text begin (a) Notwithstanding any other law to the
contrary, the commissioner shall establish a system of high school assessments for students
entering grade 8 in the 2011-2012 school year and later that provides information on the
college and career readiness of Minnesota students and fulfills federal accountability
requirements, consistent with this subdivision and related rules. For purposes of this
subdivision, "college and career readiness" means the knowledge and skills that a high
school graduate needs to undertake either credit-bearing coursework at a two-year or
four-year college or university or career-track employment that pays a living wage,
provides employment benefits, and offers clear pathways for advancement through further
education and training.
new text end

new text begin (b) The commissioner shall establish and administer a high school reading and
writing exam at the end of grade 10. The reading and writing exam must conform with
the following:
new text end

new text begin (1) align with the most recently revised academic content standards under section
120B.023, subdivision 2;
new text end

new text begin (2) produce independent scores for each content area;
new text end

new text begin (3) include both multiple-choice and open-ended items on the reading portion of the
exam to assess skills defined in the state's academic content standards;
new text end

new text begin (4) be designed for computer administration and scoring so that, beginning the
second year a computerized test is administered and as soon as practicable during the
first year a computerized test is administered, the exam results of students who take
computerized tests are available to the school or district within three full school days after
the exam is administered, among other design characteristics;
new text end

new text begin (5) allow for remediation and frequent computer retests of the reading and writing
portions of the exam;
new text end

new text begin (6) use achievement level descriptors in reading and writing that define a student's
readiness for college or a career;
new text end

new text begin (7) require all general education students, as a condition of graduating, to achieve
passing scores in reading and writing established through a professionally recognized
methodology, consistent with this paragraph;
new text end

new text begin (8) require general education students to participate in a locally developed
remediation plan if they do not achieve a passing score after two retest opportunities;
new text end

new text begin (9) provide a state-level student appeals process that accommodates alternative
measures to demonstrate students' college and career readiness and is available only to
those limited number of students in the second semester of their senior year who are unable
to demonstrate reading or writing proficiency on the assessment but can demonstrate
equivalent levels of knowledge and skill based on the alternative measures; and
new text end

new text begin (10) allow an eligible student to meet this exam requirement through an alternative
method:
new text end

new text begin (i) for high school students who transfer into Minnesota from another state where
the high school reading and writing course and graduation requirements are of equal
or greater rigor, meet that state's federal accountability exams requirements in reading
or writing, as applicable;
new text end

new text begin (ii) allow a student who has an active individualized education program to achieve a
passing status at an individual level as prescribed by the commissioner;
new text end

new text begin (iii) waive the required exam for a high school student who is an English language
learner under section 124D.59 and who has been enrolled for four or fewer school years in
a school in which English is the primary language of instruction; or
new text end

new text begin (iv) other alternative methods recommended by the Assessment Advisory
Committee, if subsequently specifically authorized by law to allow other alternative
methods.
new text end

new text begin All general education students must receive a passing score in both reading and
writing to graduate, consistent with paragraph (e). A score below "passing" means that
there is a high likelihood that the student does not have the reading and writing skills
needed to succeed in postsecondary education or the workplace. The commissioner must
establish the passing score based on the recommendations of both kindergarten through
grade 12 and postsecondary educators with relevant language arts expertise and employers
and other community leaders who understand the knowledge and skills that individuals
need for work and citizenship, and an established statistical relationship between two
consecutive years of students' exam results and other indicators of college and career
readiness that the commissioner develops in consultation with the Assessment Advisory
Committee under section 120B.365.
new text end

new text begin (c) The commissioner shall establish statewide end-of-course exams in subjects
equivalent to high school algebra and biology. These exams must conform with the
following:
new text end

new text begin (1) align with the most recently revised academic content standards under section
120B.023, subdivision 2;
new text end

new text begin (2) include both multiple-choice and open-ended items that assess the appropriate
algebra and biology knowledge and skills contained in the state's academic content
standards;
new text end

new text begin (3) be designed for computer administration and scoring so that, beginning the
second year a computerized test is administered and as soon as practicable during the
first year a computerized test is administered, the exam results of students who take
computerized tests are available to the school or district within three full school days after
the exam is administered, among other design characteristics;
new text end

new text begin (4) be administered at regular intervals that align with the most common high school
schedules in Minnesota;
new text end

new text begin (5) generate achievement levels established through a professionally recognized
methodology;
new text end

new text begin (6) use achievement level descriptors that define a student's college and career
readiness;
new text end

new text begin (7) comprise 25 percent of the student's overall course grade in the corresponding
course, except a school that is identified as highly misaligned under clause (11) for
two consecutive school years or more shall make the exam results a component of and
equivalent to 50 percent of the student's overall course grade in algebra or biology,
as applicable;
new text end

new text begin (8) require a student who does not pass a high school algebra or biology course to (i)
retake the course or complete a district-authorized credit recovery class, (ii) opt, at the
student's election, to retake the end-of-course assessment within a regularly scheduled
administration window, and (iii) have the student select the exam score on the initial test
or the retest to count as the equivalent of 25 percent of the student's overall course grade,
or the equivalent of 50 percent if the school has been identified as highly misaligned for
two consecutive school years or more, consistent with clause (7);
new text end

new text begin (9) allow an eligible student to meet this requirement through an alternative method
that demonstrates the student's college and career readiness:
new text end

new text begin (i) for high school students who transfer into Minnesota from another state where
the algebra or biology course content, as applicable, is of equal or greater rigor, pass that
state's high school course and graduation requirements in algebra or biology, as applicable;
new text end

new text begin (ii) allow a student who has an active individualized education program to achieve a
passing status at an individual level as prescribed by the commissioner;
new text end

new text begin (iii) waive the required exam for a high school student who is an English language
learner under section 124D.59 and who has been enrolled for four or fewer years in a
school in which English is the primary language of instruction; or
new text end

new text begin (iv) other alternative methods recommended by the Assessment Advisory
Committee, if subsequently specifically authorized by law to allow other alternative
methods;
new text end

new text begin (10) use three consecutive school years of research and analysis through the
2015-2016 school year, as prescribed by the commissioner, to calculate and report
an alignment index that compares students' final grades in these courses with their
end-of-course exam scores;
new text end

new text begin (11) subsequent to calculating and reporting the alignment index under clause (10),
require schools that are highly misaligned for two or more consecutive school years to
transmit written notice of the misalignment to all parents of students enrolled in the school,
as prescribed by the commissioner; and
new text end

new text begin (12) when schools are highly misaligned for two or more consecutive years under
clause (11), use school district funds under section 122A.60, subdivision 1a, paragraph
(a), to correct the misalignment.
new text end

new text begin A highly misaligned school that must count a student's algebra or biology exam
score, as applicable, as the equivalent of 50 percent of the student's overall course grade
under clause (7) or (8) may again count a student's exam score as the equivalent of 25
percent of the student's overall course grade when the school is not identified as highly
misaligned in two subsequent consecutive school years.
new text end

new text begin (d) The requirements of this subdivision apply to students in public schools,
including charter schools, who enter grade 8 in the 2011-2012 school year or later. The
commissioner may establish a transition period where students who enter grade 8 in
the 2011-2012 or 2012-2013 school year graduate either under the graduation-required
assessment for diploma requirements under section 120B.30, subdivision 1, or through a
staggered implementation of this subdivision. During the transition period, the proficiency
of any federal or state-required interim passing score in reading or writing must be
comparable in rigor to the passing scores currently required for reading and writing under
the graduation-required assessment for diploma. The commissioner may seek authority
from the legislature to adjust the timeline under this paragraph if circumstances such as
changes in federal law governing educational accountability and assessment warrant
such an adjustment.
new text end

new text begin (e) To fully implement this subdivision and enable school districts to provide
intervention and support to struggling students and improve instruction for all students,
the commissioner must provide districts with:
new text end

new text begin (i) benchmark assessments that are aligned with the high school reading and writing
assessment and algebra and biology end-of-course exams; and
new text end

new text begin (ii) an item bank available to teachers for creating formative assessments to help
students prepare for the high school reading and writing assessment and algebra and
biology end-of-course exams. The benchmark assessments must be available to districts
for at least two full school years before students are required to achieve a passing score on
the reading and writing exam to graduate from high school.
new text end

new text begin (f) The commissioner shall expand the membership and purpose of the Assessment
Advisory Committee established under section 120B.365 to include assessment experts
and practitioners from both secondary and postsecondary education systems and other
appropriate stakeholders to monitor the implementation of and student outcomes based on
the end-of-course exams and policies and the state support available to districts, including
small or rural districts, under this subdivision. This committee shall report annually by
February 15 to the commissioner and the legislature on the implementation of and student
outcomes based on the exams and policies under this subdivision. Notwithstanding
section 15.059, subdivision 3, committee members shall not receive compensation, per
diem payments, or reimbursement for expenses.
new text end

new text begin (g) Using a solicitation process that includes a request for proposal process and
multiple responses, the commissioner shall contract for at least two independent studies
at two-year intervals to evaluate: (1) the implementation of the requirements and (2) the
availability and efficacy of resources to support and improve student outcomes based on
student achievement data under this subdivision. The commissioner must submit the
results of the first study to the education policy and finance committees of the legislature
by February 15, 2016. The commissioner must submit the results of the second study
to the legislature by February 15, 2018.
new text end

new text begin (h) The commissioner must not begin to develop additional statewide end-of-course
exams in geometry, chemistry, or physics until specifically authorized in law to do so.
new text end

new text begin (i) A district or charter school must indicate on a student's transcript the student's
level of college and career readiness in reading, writing, algebra, and biology under this
subdivision after the levels have been established through a professionally recognized
methodology.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin ASSESSMENT ADVISORY COMMITTEE; RECOMMENDATIONS.
new text end

new text begin (a) The Assessment Advisory Committee under Minnesota Statutes, section
120B.365, must develop recommendations for alternative methods by which students meet
the reading and writing exam requirement under Minnesota Statutes, section 120B.30,
subdivision 1b, paragraph (b), clause (10). The Assessment Advisory Committee, among
other alternative methods and if consistent with federal educational accountability law,
must consider allowing students to:
new text end

new text begin (1) achieve a college-credit score on a college-level examination program (CLEP)
for reading and writing; or
new text end

new text begin (2) achieve a college readiness score in the relevant subject area on the American
college test (ACT) or scholastic aptitude test (SAT) exam.
new text end

new text begin (b) The Assessment Advisory Committee must develop recommendations for
alternative methods by which students satisfy the high school algebra and biology
requirements under Minnesota Statutes, section 120B.30, subdivision 1b, paragraph (c),
clause (9), and demonstrate their college and career readiness. The Assessment Advisory
Committee, among other alternative methods and if consistent with federal educational
accountability law, must consider allowing students to:
new text end

new text begin (1) achieve the mathematics or science college readiness score on the American
college test (ACT) or scholastic aptitude test (SAT) exam;
new text end

new text begin (2) achieve a college-credit score on a college-level examination program (CLEP)
for algebra or biology;
new text end

new text begin (3) achieve a score on an equivalent advanced placement or international
baccalaureate exam that would earn credit at a four-year college or university; or
new text end

new text begin (4) pass a credit-bearing course in college algebra or college biology or a more
advanced course in either subject with a grade of C or better under Minnesota Statutes,
section 124D.09, including Minnesota Statutes, section 124D.09, subdivision 10.
new text end

new text begin (c) The Assessment Advisory Committee, in the context of the high school
assessments under Minnesota Statutes, section 120B.30, subdivision 1b, may develop
recommendations on integrating universal design principles to improve access to learning
and assessments for all students, more accurately understand what students know and can
do, provide Minnesota with more cost-effective assessments, and provide educators with
more valid inferences about students' achievement levels.
new text end

new text begin (d) The Assessment Advisory Committee, for purposes of fully implementing the
high school assessment system under Minnesota Statutes, section 120B.30, subdivision
1b, also must develop recommendations for:
new text end

new text begin (1) the administrative structure, criteria, and processes for implementing the
state-level student appeals process;
new text end

new text begin (2) calculating the alignment index, including how questions about validity and
reliability are resolved; and
new text end

new text begin (3) defining "misaligned" and "highly misaligned" and when and under what specific
circumstances misalignments occur.
new text end

new text begin (e) By February 15, 2012, the Assessment Advisory Committee must submit its
recommendations under this section to the education commissioner and the education
policy and finance committees of the legislature.
new text end

new text begin (f) The commissioner must not implement any element of any recommendation
under paragraphs (a) to (e) related to the high school assessment system under Minnesota
Statutes, section 120B.30, subdivision 1b, without first receiving specific legislative
authority to do so.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end