HF 2525

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring elementary and 
  1.3             secondary students to perform satisfactorily on third, 
  1.4             fifth, and eighth grade assessment instruments as a 
  1.5             condition of being promoted to the next grade; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 120B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [120B.33] [REQUIRING SATISFACTORY STUDENT 
  1.10  PERFORMANCE ON STATEWIDE ASSESSMENT INSTRUMENTS.] 
  1.11     Subdivision 1.  [PROMOTION PROHIBITED WITHOUT SATISFACTORY 
  1.12  PERFORMANCE.] Except as provided in subdivision 2 or 5, a 
  1.13  student may not be promoted to: 
  1.14     (1) the fourth grade to which the student would otherwise 
  1.15  be assigned if the student does not perform satisfactorily on 
  1.16  the third grade reading and math Minnesota comprehensive 
  1.17  assessment tests as demonstrated by achieving at least a 
  1.18  performance level II; 
  1.19     (2) the sixth grade to which the student would otherwise be 
  1.20  assigned if the student does not perform satisfactorily on the 
  1.21  fifth grade reading and math Minnesota comprehensive assessment 
  1.22  tests as demonstrated by achieving at least a performance level 
  1.23  II; or 
  1.24     (3) the ninth grade to which the student would otherwise be 
  1.25  assigned if the student does not perform satisfactorily on the 
  1.26  eighth grade reading and math statewide basic skills tests as 
  2.1   demonstrated by achieving at least a 75 percent score. 
  2.2      Subd. 2.  [MULTIPLE OPPORTUNITIES TO PERFORM 
  2.3   SATISFACTORILY.] Notwithstanding other law to the contrary, a 
  2.4   school district must provide to a student who initially fails to 
  2.5   perform satisfactorily on an assessment instrument under 
  2.6   subdivision 1 at least two additional opportunities to take the 
  2.7   assessment instrument.  A school district may administer an 
  2.8   alternative assessment instrument to a student who failed an 
  2.9   assessment instrument under subdivision 1 on the previous two 
  2.10  opportunities.  Notwithstanding any other provision of this 
  2.11  section, a student may be promoted if the student performs at 
  2.12  grade level on an alternative assessment instrument under this 
  2.13  subdivision that is appropriate for the student's grade level 
  2.14  and approved by the commissioner. 
  2.15     Subd. 3.  [ACCELERATED INSTRUCTION PROVIDED; GRADE 
  2.16  PLACEMENT COMMITTEE CONVENED.] Each time a student fails to 
  2.17  perform satisfactorily on an assessment instrument under 
  2.18  subdivision 1, the school district in which the student is 
  2.19  enrolled must provide to the student accelerated instruction in 
  2.20  the applicable subject area, including reading instruction for a 
  2.21  student who fails to perform satisfactorily on a reading 
  2.22  assessment instrument.  After a student fails to perform 
  2.23  satisfactorily on an assessment instrument a second time, a 
  2.24  grade placement committee shall be established to prescribe the 
  2.25  accelerated instruction the district must provide to the student 
  2.26  before the student is administered the assessment instrument a 
  2.27  third time.  The grade placement committee shall be composed of 
  2.28  the principal or the principal's designee, the student's parent 
  2.29  or guardian, and the teacher of the subject of an assessment 
  2.30  instrument on which the student failed to perform 
  2.31  satisfactorily.  The district must notify the parent or guardian 
  2.32  of the time and place for convening the grade placement 
  2.33  committee and the purpose of the committee.  A class of students 
  2.34  receiving accelerated instruction administered by a school 
  2.35  district under this section may not have a ratio of more than 
  2.36  ten students for each teacher. 
  3.1      Subd. 4.  [PARENTAL NOTICE.] When providing accelerated 
  3.2   instruction to a student under subdivision 3, the district must 
  3.3   notify the student's parent or guardian of: 
  3.4      (1) the student's failure to perform satisfactorily on the 
  3.5   assessment instrument; 
  3.6      (2) the accelerated instruction program to which the 
  3.7   student is assigned; and 
  3.8      (3) the possibility that the student might be retained at 
  3.9   the same grade level for the next school year. 
  3.10     Subd. 5.  [RETENTION; APPEAL.] A student who, after at 
  3.11  least three attempts, fails to perform satisfactorily on an 
  3.12  assessment instrument specified under subdivision 1 shall be 
  3.13  retained at the same grade level for the next school year 
  3.14  consistent with subdivision 1.  The student's parent or guardian 
  3.15  may appeal the student's retention by submitting a request to 
  3.16  the grade placement committee established under subdivision 3.  
  3.17  The district must give the parent or guardian written notice of 
  3.18  the opportunity to appeal.  The grade placement committee may 
  3.19  decide in favor of a student's promotion only if the committee 
  3.20  concludes, using standards established by the school board of 
  3.21  the school district, that if promoted and given accelerated 
  3.22  instruction, the student is likely to perform at grade level.  A 
  3.23  student may not be promoted on the basis of the grade placement 
  3.24  committee's decision unless that decision is unanimous.  The 
  3.25  commissioner by rule shall establish a time line for making the 
  3.26  placement decision.  This section does not create a property 
  3.27  interest in promotion.  The decision of the grade placement 
  3.28  committee is final and may not be appealed. 
  3.29     Subd. 6.  [ACCELERATED INSTRUCTION PROVIDED.] A district 
  3.30  must provide accelerated instruction during the next school year 
  3.31  to a student who, after three attempts, has failed to perform 
  3.32  satisfactorily on an instrument under subdivision 1.  The 
  3.33  district must provide the accelerated instruction according to 
  3.34  an educational plan developed for the student by the student's 
  3.35  grade placement committee established under subdivision 3.  The 
  3.36  district must provide the accelerated instruction whether or not 
  4.1   the student is promoted or retained.  The educational plan must 
  4.2   be designed to enable the student to perform at the appropriate 
  4.3   grade level by the end of the next school year.  During the 
  4.4   school year, the district must monitor the student to ensure 
  4.5   that the student is progressing according to the student's 
  4.6   educational plan.  The district must administer to the student 
  4.7   the assessment instrument for the grade level in which the 
  4.8   student is placed at the time the district regularly administers 
  4.9   the assessment instruments for that school year. 
  4.10     Subd. 7.  [OTHER LAW AND POLICY.] This section does not 
  4.11  preclude a district, in accordance with applicable state law or 
  4.12  school district policy, from retaining a student at a grade 
  4.13  level who performs satisfactorily on an assessment instrument. 
  4.14     Subd. 8.  [GOOD FAITH EFFORT AT NOTICE.] A district that is 
  4.15  required to provide notice to a parent or guardian under this 
  4.16  section must make a good faith effort to ensure that the notice 
  4.17  is provided either in person or by regular mail, is clear and 
  4.18  easy to understand, and is written in English or the parent or 
  4.19  guardian's native language. 
  4.20     Subd. 9.  [STUDENTS WITH A DISABILITY.] The review and 
  4.21  retention of a student with a disability who does not perform 
  4.22  satisfactorily on an assessment instrument under subdivision 1 
  4.23  shall be consistent with the requirements of chapter 125A and 
  4.24  applicable federal law governing the education of children with 
  4.25  disabilities. 
  4.26     Subd. 10.  [OPEN ENROLLMENT AND CHARTER SCHOOL STUDENTS.] A 
  4.27  nonresident school district in which a student enrolls under 
  4.28  section 124D.03 or a charter school in which a student enrolls 
  4.29  must provide students required to attend accelerated instruction 
  4.30  programs under this section with transportation to those 
  4.31  programs if the programs occur outside of regular school hours. 
  4.32     Subd. 11.  [RULES.] The commissioner shall adopt rules as 
  4.33  needed to implement this section. 
  4.34     Subd. 12.  [REPORT.] The commissioner shall submit a 
  4.35  written report to the education committees of the legislature by 
  4.36  January 15, 2001, that reviews the enrollment of students in 
  5.1   programs to assist students in making progress toward mastering 
  5.2   the required graduation standards and the quality and 
  5.3   availability of those programs, and the availability of staff 
  5.4   development opportunities related to assisting students in 
  5.5   making progress toward mastering the required graduation 
  5.6   standards. 
  5.7      Subd. 13.  [APPLICABILITY.] This section applies to the 
  5.8   assessment instrument administered to students in: 
  5.9      (1) the third grade beginning with the 2002-2003 school 
  5.10  year; 
  5.11     (2) the fifth grade beginning with the 2004-2005 school 
  5.12  year; and 
  5.13     (3) the eighth grade beginning with the 2007-2008 school 
  5.14  year. 
  5.15     Sec. 2.  [EFFECTIVE DATE.] 
  5.16     Section 1 is effective the day following final enactment.