HF 3043

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/25/2010 10:54am

A bill for an act
relating to education; providing for computer-adaptive assessments; amending
Minnesota Statutes 2009 Supplement, section 120B.30, subdivisions 1, 1a.

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

Section 1.

Minnesota Statutes 2009 Supplement, 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 deleted text begin from and deleted text end new text begin to be computer-adaptive
reading and mathematics assessments for general education students that are new text end 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 (b).

(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 2013-2014 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 (b) are eligible to receive a high school diploma
with a passing state notation 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 new text begin computer-adaptive assessments new text end 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 new text begin computer-adaptive assessments and new text end high
school test results upon receiving those results.

(f) The 3rd through 8th grade new text begin computer-adaptive assessments new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin Requirements for using computer-adaptive mathematics
assessments for grades 3 through 8 apply in the 2010-2011 school year and later and
requirements for using computer-adaptive reading assessments for grades 3 through 8
apply in the 2013-2014 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1a, is
amended to read:

Subd. 1a.

Statewide and local assessments; results.

(a) new text begin For purposes of this
section, the following definitions have the meanings given them.
new text end

new text begin (1) "Computer-adaptive assessments" means fully adaptive assessments or partially
adaptive assessments.
new text end

new text begin (2) "Fully adaptive assessments" include test items that are on-grade level and items
that may be above or below a student's grade level.
new text end

new text begin (3) "Partially adaptive assessments" include two portions of test items, where one
portion is limited to on-grade level test items and a second portion includes test items that
are on-grade level or above or below a student's grade level.
new text end

new text begin (4) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.
new text end

new text begin (5) "Above-grade level" test items contain subject area content that is above the grade
level of the student taking the assessment and are considered aligned with state academic
standards to the extent they are aligned with content represented in state academic
standards above the grade level of the student taking the assessment. Notwithstanding
the student's grade level, administering above-grade level test items to a student does not
violate the requirement that state assessments must be aligned with state standards.
new text end

new text begin (6) "Below-grade level" test items contain subject area content that is below
the grade level of the student taking the test and are considered aligned with state
academic standards to the extent they are aligned with content represented in state
academic standards below the student's current grade level. Notwithstanding the student's
grade level, administering below-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
new text end

new text begin (b) The commissioner must use fully adaptive assessments to the extent no net loss
of federal and state funds occurs as a result of using these assessments. If a net loss of
federal and state funds were to occur under this subdivision, then the commissioner must
use partially adaptive assessments to meet existing federal educational accountability
requirements.
new text end

new text begin (c) new text end For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop new text begin and implement computer-adaptive new text end reading
and mathematics assessments for grades 3 through 8, state-developed high school
reading and mathematics tests aligned with state academic standards, and science
assessments under clause (2) that districts and sites must use to monitor student growth
toward achieving those standards. new text begin In developing and implementing computer-adaptive
assessments, the commissioner must allow for paper-and-pencil tests that are the
equivalent of computer-adaptive assessments under this section to the extent these tests
are needed to accommodate the technology capacity of individual school districts. new text end The
commissioner must not develop statewide assessments for academic standards in social
studies, health and physical education, and the arts. The commissioner must require:

(1) annual new text begin computer-adaptive new text end reading and mathematics assessments in grades 3
through 8, and high school reading and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the commissioner must not require students to achieve a passing score on high school
science assessments as a condition of receiving a high school diploma.

new text begin (d) The commissioner must ensure that for annual computer-adaptive assessments:
new text end

new text begin (i) individual student performance data and achievement and summary reports are
available within three school days of when students take an assessment;
new text end

new text begin (ii) growth information is available for each student from the student's first
assessment to each proximate assessment using a constant measurement scale;
new text end

new text begin (iii) parents, teachers, and school administrators are able to use elementary and
middle school student performance data to project student achievement in high school;
new text end

new text begin (iv) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for purposes of improving
student instruction and indicating the specific skills and concepts that should be introduced
and developed for students at given score levels, organized by strands within subject areas,
and aligned to state academic standards; and
new text end

new text begin (v) the maximum number of school districts have the opportunity to replace
district-purchased computer-adaptive assessments with state-developed and state-funded
computer-adaptive assessments.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end The commissioner must ensure that all statewide tests administered to
elementary and secondary students measure students' academic knowledge and skills and
not students' values, attitudes, and beliefs.

deleted text begin (c) deleted text end new text begin (f) new text end Reporting of assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include a value-added growth indicator of student achievement under section
120B.35, subdivision 3, paragraph (b); and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

deleted text begin (d) deleted text end new text begin (g) new text end Consistent with applicable federal law and subdivision 1, paragraph (d),
clause (1), the commissioner must include appropriate, technically sound accommodations
or alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.

deleted text begin (e) deleted text end new text begin (h) new text end A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
proficiency in the context of the state's grade level academic standards. If a state
assessment is not available, a school, school district, and charter school must determine
locally if a student has met the required academic standards. A school, school district,
or charter school may use a student's performance on a statewide assessment as one of
multiple criteria to determine grade promotion or retention. A school, school district, or
charter school may use a high school student's performance on a statewide assessment
as a percentage of the student's final grade in a course, or place a student's assessment
score on the student's transcript.

new text begin EFFECTIVE DATE. new text end

new text begin Requirements for using computer-adaptive mathematics
assessments for grades 3 through 8 apply in the 2010-2011 school year and later and
requirements for using computer-adaptive reading assessments for grades 3 through 8
apply in the 2013-2014 school year and later.
new text end