as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; repealing the profile of 1.3 learning; establishing local academic achievement 1.4 testing; establishing local testing revenue; 1.5 appropriating money; amending Minnesota Statutes 2000, 1.6 sections 120B.02; 120B.31, subdivision 3; Minnesota 1.7 Statutes 2001 Supplement, sections 120B.30, 1.8 subdivision 1; 120B.35; proposing coding for new law 1.9 in Minnesota Statutes, chapter 120B; repealing 1.10 Minnesota Statutes 2000, sections 120B.031; 120B.31, 1.11 subdivisions 1, 2, 4; Minnesota Rules, parts 1.12 3501.0300; 3501.0310; 3501.0320; 3501.0330; 3501.0340; 1.13 3501.0350; 3501.0370; 3501.0380; 3501.0390; 3501.0400; 1.14 3501.0410; 3501.0420; 3501.0440; 3501.0441; 3501.0442; 1.15 3501.0443; 3501.0444; 3501.0445; 3501.0446; 3501.0447; 1.16 3501.0448; 3501.0449; 3501.0450; 3501.0460; 3501.0461; 1.17 3501.0462; 3501.0463; 3501.0464; 3501.0465; 3501.0466; 1.18 3501.0467; 3501.0468; 3501.0469. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 2000, section 120B.02, is 1.21 amended to read: 1.22 120B.02 [RESULTS-ORIENTEDGRADUATION RULE; BASIC SKILLS1.23REQUIREMENTS; PROFILE OF LEARNING.] 1.24 (a) The legislature is committed to establishing a 1.25 rigorous, results-orientedgraduation rule for Minnesota's 1.26 public school students.To that end, the commissioner shall use1.27its rulemaking authority under section 127A.05, subdivision 4,1.28to adopt a statewide, results-oriented graduation rule to be1.29implemented starting with students beginning ninth grade in the1.301996-1997 school year.The commissioner shall not prescribe in 1.31 rule or otherwise the delivery system or form of instruction 1.32 that independent schoolsitesdistricts must use to meet the 2.1 requirements contained in this rule.For purposes of this2.2chapter, a school site is a separate facility, or a separate2.3program within a facility that a local school board recognizes2.4as a school site.2.5 (b) To successfully accomplish paragraph (a),the2.6commissioner shall set in rule high academic standards for all2.7students. The standards must contain the foundationalbasic 2.8 skills requirements in the three core curricular areas of 2.9 reading, writing, and mathematicswhile meeting requirementsare 2.10 established by Minnesota Rules, parts 3501.0010 to 3501.0180 and 2.11 3501.0200 to 3501.0290, and must be completed for public high 2.12 school graduation. Thestandardsgraduation rule must also 2.13 provide an opportunity for students to excel by meeting higher 2.14 academic standards througha profile of learning that uses2.15curricular requirements to allow students to expand theirlocal 2.16 academic achievement testing under section 120B.35 that measures 2.17 knowledgeand skillsbeyond the foundational skills. All 2.18 commissioner actions regarding the graduation rule must be 2.19 premised on the following: 2.20 (1) the rule is intended to raise academic expectations for 2.21 students, teachers, and schools; 2.22 (2) any state action regarding the rule must evidence 2.23 consideration of school district autonomy; and 2.24 (3) the department of children, families, and learning, 2.25 with the assistance of school districts, must make available 2.26 information about all state initiatives related to the rule to 2.27 students and parents, teachers, and the general public in a 2.28 timely format that is appropriate, comprehensive, and readily 2.29 understandable. 2.30 (c)For purposes of adopting the rule, the commissioner, in2.31consultation with the department, recognized psychometric2.32experts in assessment, and other interested and knowledgeable2.33educators, using the most current version of professional2.34standards for educational testing, shall evaluate the2.35alternative approaches to assessment.2.36(d) The content of the graduation rule must differentiate3.1between minimum competencies reflected in the basic requirements3.2assessment and rigorous profile of learning standards. When3.3fully implemented, the requirements for high school graduation3.4in Minnesota must include both basic requirements and the3.5required profile of learning. The profile of learning must3.6measure student performance using performance-based assessments3.7compiled over time that integrate higher academic standards,3.8higher order thinking skills, and application of knowledge from3.9a variety of content areas. The profile of learning shall3.10include a broad range of academic experience and accomplishment3.11necessary to achieve the goal of preparing students to function3.12effectively as purposeful thinkers, effective communicators,3.13self-directed learners, productive group participants, and3.14responsible citizens. 3.15(e) The profile of learning contains the following learning3.16areas:3.17(1) read, listen, and view;3.18(2) write and speak;3.19(3) arts and literature;3.20(4) mathematical concepts and applications;3.21(5) inquiry and research;3.22(6) scientific concepts and applications;3.23(7) social studies;3.24(8) physical education and lifetime fitness;3.25(9) economics and business;3.26(10) world languages; and3.27(11) technical and vocational education.3.28(f) The commissioner shall periodically review and report3.29on the assessment process and student achievement with the3.30expectation of raising the standards and expanding high school3.31graduation requirements.3.32(g) Beginning August 31, 2000, the commissioner must3.33publish, including in electronic format for the Internet, a3.34report, by school site, area learning center, and charter3.35school, of:3.36(1) the required preparatory content standards;4.1(2) the high school content standards required for4.2graduation; and4.3(3) the number of student waivers the district, area4.4learning center, or charter school approves under section4.5120B.031, subdivisions 4, 5, and 6, based on information each4.6district, area learning center, and charter school provides.4.7(h) School districts must integrate required and elective4.8content standards in the scope and sequence of the district4.9curriculum.4.10(i)School districts are not required to adopt, and 4.11 students are not required to participate in, specific provisions 4.12 oftheGoals 2000and the, federal School-to-Work programs, the 4.13 National Assessment of Educational Progress, and title I of the 4.14 Elementary and Secondary Education Act. 4.15 Sec. 2. Minnesota Statutes 2001 Supplement, section 4.16 120B.30, subdivision 1, is amended to read: 4.17 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner, 4.18 with advice from experts with appropriate technical 4.19 qualifications and experience and stakeholders,shall include in4.20the comprehensive assessment system, for each grade level to be4.21tested, a test, which shall be aligned with the state's4.22graduation standards and administered annually to all students4.23in the third, fifth, seventh, and eighth grades. The4.24commissionershall establish one or more months during which 4.25 schools shall administer the basic skills tests to students each 4.26 school year. Only Minnesota basic skills tests in reading, 4.27 mathematics, and writing shall fulfill students' basic skills 4.28 testing requirements for a passing state notation. The passing 4.29 scores of the state tests in reading and mathematics are the 4.30 equivalent of: 4.31 (1) 70 percent correct for students entering grade 9 in 4.32 1996; and 4.33 (2) 75 percent correct for students entering grade 9 in 4.34 1997 and thereafter, as based on the first uniform test4.35administration of February 1998. 4.36 (b)Third, fifth, and seventh grade test results shall be5.1available to districts for diagnostic purposes affecting student5.2learning and district instruction and curriculum, and for5.3establishing educational accountability. The commissioner must5.4disseminate to the public the third, fifth, and seventh grade5.5test results upon receiving those results.A statewide test 5.6 under this section shall be: 5.7 (1) in multiple choice question format with only one 5.8 factually correct answer, except for writing, which may include 5.9 an essay requirement; 5.10 (2) academic, objective, and not pertain to the personal 5.11 characteristics, values, attitudes, or conscientiously held 5.12 beliefs of students; and 5.13 (3) made available in its entirety, including questions, 5.14 answer key, and aggregate results, to the public, and be 5.15 reported to the department and the office of educational 5.16 accountability, within 60 days of its administration. Upon 5.17 request, a parent of a student who participated in the testing 5.18 program shall receive a copy of each test in its entirety and 5.19 the results for the child. 5.20 (c)In addition, at the high school level, districts shall5.21assess student performance in all required learning areas and5.22selected required standards within each area of the profile of5.23learning. The testing instruments, the testing process, and the5.24order of administration shall be determined by the5.25commissioner. The results shall be aggregated at the site and5.26district level.5.27(d)The commissioner shall report aggregate school site and 5.28 school district student academic basic skills achievement levels 5.29 of the current and two immediately preceding school years. The 5.30 report shall include students' unweighted mean test scores in 5.31 each tested subject, the unweighted mean test scores of only 5.32 those students enrolled in the school by October 1 of the 5.33 current school year, and the unweighted test scores of all 5.34 students except those students receiving limited English 5.35 proficiency instruction. The report also shall record 5.36 separately, in proximity to the reported performance levels, the 6.1 percentage of students of each gender and the percentages of 6.2 students who are eligible to receive a free or reduced price 6.3 school meal, demonstrate limited English proficiency, are 6.4 identified as migrant students, are a member of a major ethnic 6.5 or racial population, or are eligible to receive special 6.6 education services. 6.7(e)(d) In addition to the testing and reporting 6.8 requirements under paragraphs (a), (b), and (c),and (d),the 6.9 commissioner shall include the following components inthe6.10 statewide public reportingsystem: 6.11 (1)uniform statewide testing of all third, fifth, seventh,6.12eighth, and post-eighth grade students that provides exemptions,6.13only with parent or guardian approval, for those very few6.14students for whom the student's individual education plan team6.15under sections 125A.05 and 125A.06, determines that the student6.16is incapable of taking a statewide test, or for a limited6.17English proficiency student under section 124D.59, subdivision6.182, if the student has been in the United States for fewer than6.1912 months and for whom special language barriers exist, such as6.20the student's native language does not have a written form or6.21the district does not have access to appropriate interpreter6.22services for the student's native language;6.23(2)educational indicators that can be aggregated and 6.24 compared across school districts and across time on a statewide 6.25 basis, including average daily attendance, high school 6.26 graduation rates, and high school drop-out rates by age and 6.27 grade level; and 6.28(3)(2) students' scores on the American College Test; and6.29(4) participation in the National Assessment of Educational6.30Progress so that the state can benchmark its performance against6.31the nation and other states, and, where possible, against other6.32countries, and contribute to the national effort to monitor6.33achievement, the Preliminary Scholastic Aptitude Test, and the 6.34 Scholastic Aptitude Test. 6.35(f) Districts must report exemptions under paragraph (e),6.36clause (1), to the commissioner consistent with a format7.1provided by the commissioner.7.2 Sec. 3. Minnesota Statutes 2000, section 120B.31, 7.3 subdivision 3, is amended to read: 7.4 Subd. 3. [EDUCATIONAL ACCOUNTABILITY.](a)The independent 7.5 office of educational accountability, as authorized by Laws 7.6 1997, First Special Session chapter 4, article 5, section 28, 7.7 subdivision 2, is established. The office shall advise the 7.8 education committees of the legislature and the commissioner of 7.9 children, families, and learning, at least on a biennial basis, 7.10 on the degree to whichthe statewideeducational 7.11accountabilitytesting and reportingsystem includes a7.12comprehensive assessment framework that measures school7.13accountability for students achieving the goals described in the7.14state's results-oriented graduation rule. The office shall7.15consider whether the statewide system of educational7.16accountability utilizes multiple indicators to provide valid and7.17reliable comparative and contextual data on students, schools,7.18districts, and the state, and if not, recommend ways to improve7.19the accountability reporting systemis revealing student 7.20 academic achievement. 7.21(b)When the office reviewsthe statewideeducational 7.22 accountability and reportingsystem, it shall also consider:7.23(1) the objectivity and neutrality of the state's7.24educational accountability system; and7.25(2)the impact of a testing program on school curriculum 7.26 and student learning. 7.27 Sec. 4. Minnesota Statutes 2001 Supplement, section 7.28 120B.35, is amended to read: 7.29 120B.35 [STUDENT ACADEMIC ACHIEVEMENT AND PROGRESS.] 7.30Subdivision 1. [ADEQUATE YEARLY PROGRESS OF SCHOOLS AND7.31STUDENTS.] The commissioner must develop and implement a system7.32for measuring and reporting academic achievement and individual7.33student progress, consistent with the statewide educational7.34accountability and reporting system. The components of the7.35system must measure the adequate yearly progress of schools and7.36individual students: students' current achievement in schools8.1under subdivision 2; and individual students' educational8.2progress over time under subdivision 3. The system also must8.3include statewide measures of student academic achievement that8.4identify schools with high levels of achievement, and also8.5schools with low levels of achievement that need improvement.8.6When determining a school's effect, the data must include both8.7statewide measures of student achievement and, to the extent8.8annual tests are administered, indicators of achievement growth8.9that take into account a student's prior achievement.8.10Indicators of achievement and prior achievement must be based on8.11highly reliable statewide or districtwide assessments.8.12Indicators that take into account a student's prior achievement8.13must not be used to disregard a school's low achievement or to8.14exclude a school from a program to improve low achievement8.15levels. The commissioner by January 15, 2002, must submit a8.16plan for integrating these components to the chairs of the8.17legislative committees having policy and budgetary8.18responsibilities for elementary and secondary education.8.19 Subd. 2. [STUDENT ACADEMIC ACHIEVEMENTLOCAL TESTING.] (a) 8.20 Each school year, a school district must administer a uniform 8.21 testing program to determine if the student academic achievement 8.22 levels at each school site in the third, fifth, and tenth grades 8.23 meetstate andlocal expectations. If student achievement 8.24 levels at a school site do not meetstate andlocal expectations 8.25 and the site has not made adequate yearly progress for two 8.26 consecutive school years,beginning with the 2001-2002 school8.27year,the district must work with the school site to adopt a 8.28 plan to raise student achievement levels to meetstate andlocal 8.29 expectations.The commissioner of children, families, and8.30learning shall establish student academic achievement levels.8.31 (b) The testing program shall measure knowledge in the 8.32 following subject areas: 8.33 (1) for third grade, at least math and language arts, which 8.34 shall include reading, writing, grammar, vocabulary, and 8.35 spelling; and 8.36 (2) for fifth and tenth grades: 9.1 (i) math; 9.2 (ii) language arts, which shall include reading, writing, 9.3 grammar, vocabulary, and spelling; 9.4 (iii) science; 9.5 (iv) history, which shall include an emphasis on the United 9.6 States and Minnesota; and 9.7 (v) geography. 9.8 (c) The testing program shall be selected by the school 9.9 district and may include nationally normed tests, the placement 9.10 tests or their equivalents used by Minnesota post-secondary 9.11 institutions, locally developed tests, or other valid tests. 9.12 Each test shall be: 9.13 (1) in multiple choice question format with only one 9.14 factually correct answer for each question, except for language 9.15 arts, which may include an essay requirement; 9.16 (2) academic, objective, and not pertain to the personal 9.17 characteristics, values, attitudes, or conscientiously held 9.18 beliefs of students; 9.19 (3) secure, confidential, timed, and not permit the use of 9.20 any outside aid or reference, except that calculators may be 9.21 permitted at the secondary level and special accommodations may 9.22 be permitted for students with an individualized education plan 9.23 or pursuant to federal law for students with disabilities; 9.24 (4) comprehensive enough to include questions that would 9.25 identify students of academic excellence; and 9.26 (5) made available in its entirety, including questions, 9.27 answer key, and aggregate results, to the public, and be 9.28 reported to the department and the office of educational 9.29 accountability, within 60 days of its administration. Upon 9.30 request, a parent of a student who participated in the testing 9.31 program shall receive a copy of each test in its entirety and 9.32 the results for the child. 9.33 (d) School sites identified as not meeting expectations 9.34 must develop continuous improvement plans in order to meetstate9.35andlocal expectations for student academic achievement. The 9.36 department, at a district's request, must assist the district 10.1 and the school site in developing a plan to improve student 10.2 achievement. The plan must include parental involvement 10.3 components. 10.4(c)(e) The commissioner must: 10.5 (1) provide assistance to school sites and districts 10.6 identified as not meeting expectations; and 10.7 (2) provide technical assistance to schools that integrate 10.8 student progress measures under subdivision 3 in the school 10.9 continuous improvement plan. 10.10(d)(f) The commissioner shall establish and maintain a 10.11 continuous improvement Web site designed to make data on every 10.12 school and district available to parents, teachers, 10.13 administrators, community members, and the general public. 10.14 Subd. 3. [STUDENT PROGRESS ASSESSMENT.] (a) The 10.15 educational assessment system component measuring individual 10.16 students' educational progress must be based, to the extent 10.17 annual tests are administered, on indicators of achievement 10.18 growth that show an individual student's prior achievement. 10.19 Indicators of achievement and prior achievement must be based on 10.20 highly reliablestatewide ordistrictwide assessments. 10.21 (b) The commissioner must identify effective models for 10.22 measuring individual student progress that enable a school 10.23 district or school site to perform gains-based analysis, 10.24 including evaluating the effects of the teacher, school, and 10.25 school district on student achievement over time. At least one 10.26 model must be a "value-added" assessment model that reliably 10.27 estimates those effects for classroom settings where a single 10.28 teacher teaches multiple subjects to the same group of students, 10.29 for team teaching arrangements, and for other teaching 10.30 circumstances. 10.31 (c) If a district has an accountability plan that includes 10.32 gains-based analysis or "value-added" assessment, the 10.33 commissioner shall, to the extent practicable, incorporate those 10.34 measures in determining whether the district or school site 10.35 meets expectations. The department must coordinate with the 10.36 district in evaluating school sites and continuous improvement 11.1 plans, consistent with best practices. 11.2 Subd. 4. [IMPROVING SCHOOLS.] Consistent with the 11.3 requirements of this section, the commissioner of children, 11.4 families, and learning must establish a second achievement 11.5 benchmark to identify improving schools. The commissioner must 11.6 recommend to the legislature by February 15, 2002, indicators in 11.7 addition to the achievement benchmark for identifying improving 11.8 schools, including an indicator requiring a school to 11.9 demonstrate ongoing successful use of best teaching practices. 11.10 Sec. 5. [120B.36] [STUDENT ACADEMIC ACHIEVEMENT LEVELS; 11.11 LOCAL TESTING REVENUE.] 11.12 A school district's local testing revenue under this 11.13 section is equal to $....... times its adjusted marginal cost 11.14 pupil units for fiscal year 2002 and later. Local testing 11.15 revenue may only be used to meet the requirements of section 11.16 120B.35. 11.17 [EFFECTIVE DATE.] This section is effective the day 11.18 following final enactment. 11.19 Sec. 6. [APPROPRIATION; LOCAL TESTING REVENUE.] 11.20 The following sums are appropriated in the fiscal year 11.21 indicated from the general fund to the department of children, 11.22 families, and learning for local testing revenue: 11.23 $....... ..... 2002 11.24 $....... ..... 2003 11.25 [EFFECTIVE DATE.] This section is effective the day 11.26 following final enactment. 11.27 Sec. 7. [REPEALER.] 11.28 (a) Minnesota Statutes 2000, sections 120B.031; and 11.29 120B.31, subdivisions 1, 2, and 4, are repealed. 11.30 (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 11.31 3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380; 11.32 3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0440; 11.33 3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 11.34 3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 11.35 3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 11.36 3501.0465; 3501.0466; 3501.0467; 3501.0468; and 3501.0469, are 12.1 repealed. 12.2 Sec. 8. [INSTRUCTION TO THE REVISOR.] 12.3 The revisor of statutes shall change the headnote names of 12.4 sections 120B.30 from "STATEWIDE TESTING AND REPORTING SYSTEM" 12.5 to "STATEWIDE BASIC SKILLS TESTING AND REPORTING" and 120B.31 12.6 from "SYSTEM ACCOUNTABILITY AND STATISTICAL ADJUSTMENTS" to 12.7 "OFFICE OF EDUCATIONAL ACCOUNTABILITY."