HF 3178

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/15/2018 04:00pm

A bill for an act
relating to education; requiring the commissioner of education to develop an
academic achievement rating system to track student achievement, academic
growth, and achievement gap closure rates in schools and districts; amending
Minnesota Statutes 2016, section 120B.36, subdivision 2; Minnesota Statutes 2017
Supplement, sections 120B.35, subdivision 3; 120B.36, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 120B.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 120B.35, subdivision 3, is amended
to read:

Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide deleted text begin or districtwide deleted text end
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian and Pacific Islander groups, three of the most populous Native groups,
seven of the most populous Hispanic/Latino groups, and five of the most populous Black
and African Heritage groups as determined by the total Minnesota population based on the
most recent American Community Survey; English learners under section 124D.59; home
language; free or reduced-price lunch; and all students enrolled in a Minnesota public school
who are currently or were previously in foster care, except that such disaggregation and
cross tabulation is not required if the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally identifiable information
about an individual student.

(b) The commissioner deleted text begin , in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a model that uses a value-added growth indicator and includes
criteria for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299, subdivisions 8 and 9, and may recommend other value-added
measures under section 120B.299, subdivision 3. The model may be used to advance
educators' professional development and replicate programs that succeed in meeting students'
diverse learning needs. Data on individual teachers generated under the model are personnel
data under section 13.43. The model deleted text end must deleted text begin allow users to deleted text end :

(1) report student growth deleted text begin consistent with this paragraph deleted text end ; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

Sec. 2.

new text begin [120B.355] ACADEMIC ACHIEVEMENT RATING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner duties. new text end

new text begin (a) The commissioner of education must develop
an academic achievement rating system consistent with this section to provide parents and
students with a brief overview of student performance and growth in schools and districts
across the state.
new text end

new text begin (b) Each school and district must be assigned a star rating based on the criteria provided
in this section. Star ratings must range from one star for the lowest performing schools and
districts to five stars for the highest performing schools and districts.
new text end

new text begin (c) Each school and district must be assigned an academic achievement score on a scale
of zero to 100 that equals the average of the equally weighted factors used to determine a
school's or district's star rating under subdivisions 3 to 5.
new text end

new text begin (d) The star rating and academic achievement score of each school and district must be
reported annually on the Department of Education's Web site as part of the commissioner's
school performance reports pursuant to section 120B.36.
new text end

new text begin (e) The commissioner must examine how revisions to statewide assessments under
section 120B.30 impact school and district ratings under this section. The commissioner
may adjust school and district ratings accordingly to maintain consistency in reporting.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Academic growth rate" means the average level of improvement in statewide test
results for the current year over the previous year across all student groups in a school.
Student improvement shall be quantified in a form and manner prescribed by the
commissioner consistent with the approved state Every Student Succeeds Act plan to
standardize this measurement across all schools and districts. The commissioner must
convert a school's academic growth rate to a score on a scale of zero to 100 for purposes of
determining a school's star rating under subdivision 3.
new text end

new text begin (c) "Low-income student achievement gap score" means 100 minus the average of: (1)
the statewide percentage of non-low-income students who are rated proficient on the
statewide reading test minus a school's percentage of low-income students who are rated
proficient on the statewide reading test; and (2) the statewide percentage of non-low-income
students who are rated proficient on the statewide math test minus a school's percentage of
low-income students who are rated proficient on the statewide math test.
new text end

new text begin (d) "Students of color achievement gap score" means 100 minus the average of: (1) the
statewide percentage of white students who are rated proficient on the statewide reading
test minus a school's percentage of students of color who are rated proficient on the statewide
reading test; and (2) the statewide percentage of white students who are rated proficient on
the statewide math test minus a school's percentage of students of color who are rated
proficient on the statewide math test.
new text end

new text begin (e) "Four-year graduation rate gap score" means 100 minus the difference between the
statewide four-year high school graduation rate for non-low-income students and a school's
four-year high school graduation rate for low-income students.
new text end

new text begin (f) "Low-income students" means students who qualify for free or reduced-price lunch
pursuant to section 126C.05, subdivision 16.
new text end

new text begin (g) "Proficient" means a student meets or exceeds federal accountability standards on
statewide assessments in reading and math consistent with the approved state Every Student
Succeeds Act plan.
new text end

new text begin (h) "Statewide reading test" and "statewide math test" mean the statewide reading and
mathematics assessments developed and administered pursuant to section 120B.30.
new text end

new text begin (i) "Students of color" means students who identify themselves as American Indian,
Asian, Pacific Islander, Hispanic, Black, or two or more races consistent with section
120B.35, subdivision 3, paragraph (a), clause (2).
new text end

new text begin Subd. 3. new text end

new text begin Primary school rating components. new text end

new text begin The commissioner must assign all
elementary and middle schools a star rating based on the following equally weighted factors
unique to each school:
new text end

new text begin (1) the percentage of students rated proficient on the statewide reading test;
new text end

new text begin (2) the percentage of students rated proficient on the statewide math test;
new text end

new text begin (3) the academic growth rate for the statewide reading test;
new text end

new text begin (4) the academic growth rate for the statewide math test;
new text end

new text begin (5) the low-income student achievement gap score; and
new text end

new text begin (6) the students of color achievement gap score.
new text end

new text begin Subd. 4. new text end

new text begin Secondary school rating components. new text end

new text begin The commissioner must assign all high
schools a star rating based on the following equally weighted factors unique to each school:
new text end

new text begin (1) the percentage of students rated proficient on the statewide reading test;
new text end

new text begin (2) the percentage of students rated proficient on the statewide math test;
new text end

new text begin (3) the four-year graduation rate gap score;
new text end

new text begin (4) the low-income student achievement gap score; and
new text end

new text begin (5) the students of color achievement gap score.
new text end

new text begin Subd. 5. new text end

new text begin District rating components. new text end

new text begin The commissioner must assign all districts a star
rating based on the following equally weighted factors unique to each district:
new text end

new text begin (1) the percentage of third grade students rated proficient on the statewide reading test;
new text end

new text begin (2) the low-income student achievement gap score, as applied at the district level;
new text end

new text begin (3) the students of color achievement gap score, as applied at the district level;
new text end

new text begin (4) the percentage of high school students rated proficient on the statewide reading test;
new text end

new text begin (5) the percentage of high school students rated proficient on the statewide math test;
and
new text end

new text begin (6) the district's four-year high school graduation rate.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 120B.36, subdivision 1, is amended
to read:

Subdivision 1.

School performance reports and public reporting.

(a) The commissioner
shall report new text begin : new text end student academic performance data under section 120B.35, subdivisions 2 and
3; new text begin school and district academic achievement ratings under section 120B.355; new text end the percentages
of students showing low, medium, and high growth under section 120B.35, subdivision 3,
paragraph (b); school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d); rigorous coursework under section 120B.35, subdivision 3,
paragraph (c); the percentage of students under section 120B.35, subdivision 3, paragraph
(b), clause (2), whose progress and performance levels are meeting career and college
readiness benchmarks under sections 120B.30, subdivision 1, and 120B.35, subdivision 3,
paragraph (e); longitudinal data on the progress of eligible districts in reducing disparities
in students' academic achievement and realizing racial and economic integration under
section 124D.861; the acquisition of English, and where practicable, native language
academic literacy, including oral academic language, and the academic progress of all
English learners enrolled in a Minnesota public school course or program who are currently
or were previously counted as English learners under section 124D.59; two separate
student-to-teacher ratios that clearly indicate the definition of teacher consistent with sections
122A.06 and 122A.15 for purposes of determining these ratios; staff characteristics excluding
salaries; student enrollment demographics; foster care status, including all students enrolled
in a Minnesota public school course or program who are currently or were previously in
foster care, student homelessness, and district mobility; and extracurricular activities.

(b) The school performance report for a school site and a school district must include
school performance reporting information new text begin , including a prominent display of both the school's
or district's star rating and academic achievement score assigned by the commissioner under
section 120B.355 new text end and new text begin must new text end calculate proficiency new text begin and growth new text end rates as required by the most
recently reauthorized Elementary and Secondary Education Act.

(c) The commissioner shall develop, annually update, and post on the department Web
site school performance reports consistent with paragraph (a) and section 120B.11.

(d) The commissioner must make available performance reports by the beginning of
each school year.

(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.

(f) School performance data are nonpublic data under section 13.02, subdivision 9, until
the commissioner publicly releases the data. The commissioner shall annually post school
performance reports to the department's public Web site no later than September 1, except
that in years when the reports reflect new performance standards, the commissioner shall
post the school performance reports no later than October 1.

Sec. 4.

Minnesota Statutes 2016, section 120B.36, subdivision 2, is amended to read:

Subd. 2.

Student progress and other data.

(a) All data the department receives, collects,
or creates under section 120B.11, governing the world's best workforce, or uses to determine
new text begin and set goals for new text end federal expectations under the most recently reauthorized Elementary and
Secondary Education Act, set state growth targets, and determine student growth, learning,
and outcomes under section 120B.35 are nonpublic data under section 13.02, subdivision
9, until the commissioner publicly releases the data.

(b) Districts must provide parents sufficiently detailed summary data to permit parents
to appeal under the most recently reauthorized federal Elementary and Secondary Education
Act. The commissioner shall annually post federal expectations and state student growth,
learning, and outcome data to the department's public Web site no later than September 1,
except that in years when data or federal expectations reflect new performance standards,
the commissioner shall post data on federal expectations and state student growth data no
later than October 1.