HF 501

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am

A bill for an act
relating to education; creating an alternative means of graduation for students;
studying graduation exams; amending Minnesota Statutes 2008, section 120B.30,
subdivisions 1, 1a.

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

Section 1.

Minnesota Statutes 2008, 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 and administered annually to all
students in grades 3 through 8 and at the high school level. A state-developed test in a
subject other than writing, developed after the 2002-2003 school year, must include both
deleted text begin machine-scoreable deleted text end new text begin multiple choice new text end and constructed response 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, deleted text begin only deleted text end 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 in 1997 and thereafter, as based on the first uniform test
administration of February 1998. new text begin 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).
new text end

(b) 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.

(c) new text begin 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:
new text end

new text begin (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;
new text end

new text begin (2) participate in district-prescribed academic remediation in mathematics; and
new text end

new text begin (3) fully participate in at least two retest attempts after the initial spring
administration of the mathematics graduation-required assessment for diploma or until
they pass the mathematics graduation-required assessments for diploma, whichever
comes first. A school district issuing a student a high school diploma in any school year
from the 2009-2010 school year through the 2013-2014 school year must record on the
student's high school transcript the student's score on the mathematics graduation-required
assessments for diploma under this subdivision.
new text end

new text begin 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.
new text end

new text begin (d) new text end The 3rd through 8th grade and high school level 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 test results upon receiving those results.

deleted text begin (d) deleted text end new text begin (e) new text end State tests must be constructed and aligned with state academic standards. The
testing process and the order of administration shall be determined by the commissioner.
The statewide results shall be aggregated at the site and district level, consistent with
subdivision 1a.

deleted text begin (e) deleted text end new text begin (f) new text end 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 deleted text begin , deleted text end new text begin or new text end alternate
assessments deleted text begin , or exemptions consistent with applicable federal law, only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2 deleted text end ;

(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 This section is effective the day following final enactment.
Paragraph (c) applies to the 2009-2010 through 2013-2014 school years only.
Notwithstanding any other law to the contrary, requirements related to the math
graduation-required assessment for diploma under this section are repealed June 30,
2014, and the commissioner of education must not implement any alternative to the math
graduation-required assessment for diploma without specific legislative authority.
new text end

Sec. 2.

Minnesota Statutes 2008, section 120B.30, subdivision 1a, is amended to read:

Subd. 1a.

Statewide and local assessments; results.

(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. 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 reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9 deleted text end new text begin 8 new text end span, and a life sciences assessment in the grades deleted text begin 10 deleted text end new text begin 9 new text end through 12
span deleted text begin for the 2007-2008 school year and later deleted text end new text begin , and the commissioner must not require
students to achieve a passing score on high school-level science assessments under this
clause as a condition of receiving a high school diploma new text end .

(b) 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.

(c) 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, by no later than the 2008-2009 school year, a value-added component
that is in addition to a measure for student achievement growth over time; 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.

(d) 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.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
progress in achieving the 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 This section is effective the day following final enactment.
new text end

Sec. 3. new text begin EXAMINING THE CHARACTERISTICS AND IMPACT OF "HIGH
STAKES" MATH AND SCIENCE TESTS IN THE CONTEXT OF AWARDING
HIGH SCHOOL DIPLOMAS.
new text end

new text begin (a) To carefully and responsibly determine the state policy of administering "high
stakes" math and science tests in the context of awarding high school diplomas, the
Independent Office of Educational Accountability under Minnesota Statutes, section
120B.31, subdivision 3, must convene and facilitate an advisory group that includes
measurement experts selected by the State Council on Measurement in Education,
three regionally diverse school district research and evaluation directors selected by the
Minnesota Assessment Group, one school superintendent selected by the Minnesota
Association of School Administrators, one high school principal selected by the Minnesota
Board of School Administrators, one University of Minnesota faculty member selected
by the dean of the College of Education and Human Development, one licensed math
teacher and one licensed science teacher selected by Education Minnesota, the director of
evaluation and testing at the Minnesota Department of Education, two parents of currently
enrolled high school students selected by the Minnesota Parent Teacher Association,
one representative of the business community selected by the Minnesota Chamber of
Commerce, one representative of the business community selected by the Minnesota
Business Partnership, one representative of Minnesota's two-year postsecondary
institutions selected by Minnesota State Colleges and Universities, one representative of
Minnesota's four-year postsecondary institutions selected by the University of Minnesota,
an interested member of the public, and mathematicians, scientists, and workforce
development experts that the Office of Educational Accountability selects to consider and
recommend how best to motivate students and improve students' academic achievement in
the context of "high stakes" math and science exams required for high school graduation.
The advisory group at least must evaluate and make recommendations on:
new text end

new text begin (1) particular kinds of math and science exams that Minnesota might use as "high
stakes" exams to award or deny students a high school diploma;
new text end

new text begin (2) appropriate levels of high school math and science proficiency and the
educational support to help students achieve those proficiency levels;
new text end

new text begin (3) the relationship between math and science proficiency levels and state definitions
of college and career readiness;
new text end

new text begin (4) the interrelationship between requiring students to demonstrate math and science
proficiency and college or career readiness, and awarding or denying students a high
school diploma;
new text end

new text begin (5) the interrelationship between "high stakes" testing and other coursework and
credits required for graduation or college and career readiness; and
new text end

new text begin (6) appropriate accommodations for students with individualized education plans
and students with limited English proficiency in some circumstances.
new text end

new text begin (b) The advisory group under paragraph (a) is not subject to Minnesota Statutes,
section 15.059. The Office of Educational Accountability must present the advisory
group's evaluation and recommendations under paragraph (a) to the education policy
and finance committees of the legislature by February 15, 2010. The advisory group
expires on June 1, 2010.
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