SF 2460

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2014 09:37am

A bill for an act
relating to education; establishing response to intervention requirements;
establishing a committee to review statewide testing; requiring rulemaking.

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

Section 1. new text begin RESPONSE TO INTERVENTION.
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new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The legislature finds that a more focused effort is needed in
Minnesota's district and charter schools to personalize teaching and learning to improve
the academic performance of all students. Of special importance is to significantly
improve the academic performance of underachieving students of color in order to close
the gap between these students and their peers meeting the state academic standards. The
purpose of this section is to require the use of a response to intervention model in all
schools that will result in:
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new text begin (1) improving the learning of all students so they meet or exceed the state academic
standards and close the achievement gap;
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new text begin (2) students receiving assistance as soon as they are not on target to be proficient
and before they fail;
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new text begin (3) using formative assessments that are valid, which may be used multiple times,
and that provide data that are immediately available to teachers thereby making the data
useful for instruction;
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new text begin (4) reducing the need for students to be placed in special education programs because
of improved regular classroom core curriculum and early interventions with students;
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new text begin (5) reducing the paperwork and other procedures resulting in teachers spending
more time on instruction and cost savings;
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new text begin (6) improved coordination and alignment of the regular classroom and remedial
instruction staff;
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new text begin (7) periodic valid data reports for the site, the district, and the state demonstrating
learning growth and providing accountability; and
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new text begin (8) modifying the state test so that it serves both state and local accountability
purposes and also formative data which is useful for instructional decision making with
individual students and thereby eliminating the current expensive and time-consuming
process of having dual state tests.
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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.
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new text begin (b) "Presenting problem" means the degree of discrepancy between the academic
standards and a student's performance as measured by valid assessments.
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new text begin (c) "Progress monitoring" has the definition given in Minnesota Statutes, section
125A.56, subdivision 2.
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new text begin (d) "Response to Intervention (RtI)" is a multitiered system of support and prevention
model designed to identify students as soon as they have a presenting problem in reading
and math, provide scientifically valid interventions, and conduct frequent progress
monitoring to inform instruction. RtI does not require the use of a specific curriculum.
new text end

new text begin (e) "Valid intervention" means the systematic use of a technique, program, or
practice designed to improve learning or performance in specific areas of pupil need and
selected to the extent possible based on its scientific validation.
new text end

new text begin Subd. 3. new text end

new text begin Usage. new text end

new text begin Each district and charter school site shall use a response to
intervention model at grades consistent with the rules of the commissioner. Sites are
encouraged to use the RtI model in prekindergarten.
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new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner shall adopt rules to establish a
response to intervention model. The commissioner shall repeal Minnesota Rules, part
3525.1341, and shall adopt a rule which contains the requirements in paragraphs (b) to
(i). The commissioner shall adopt the response to intervention rule not later than August
30, 2015, with an implementation date of August 1, 2017.
new text end

new text begin (b) The reading curriculum used in the regular classrooms must (1) be periodically
reviewed to ensure that this curriculum has a scientific research base, and (2) use a
multitiered model of instructional support with the use of a collaborative model among
classroom teachers and remedial teachers for the intervention process as defined in
Minnesota Statutes, section 125A.56, subdivision 2.
new text end

new text begin (c) Benchmarking assessment must occur three times during the year using either
the state assessment tool or a tool that reliably predicts proficiency on state tests. This
benchmarking must be either of: (1) all students at each site, or (2) the district may
determine to benchmark only the students, identified by classroom teachers, suspected of
not being on target to be proficient in reading and mathematics.
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new text begin (d) A presenting problem must be described in objective terms using data collection
procedures including reviews of existing information, interviews, and informal testing that
focus on alterable characteristics of the instructional environment.
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new text begin (e) Data collection and problem analysis must occur using a systematic and
valid data-based process to identify the parts of the standards with which the student
is experiencing difficulty.
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new text begin (f) Interventions must be designed based on the data collected, the defined problem,
parent input, and professional teacher decisions about the potential effectiveness of
interventions.
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new text begin (g) An intervention plan must include learning targets and interventions aligned
with the learning targets and standards along with a progress monitoring process and
designation of the educators responsible for implementation.
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new text begin (h) Data collection procedures must be individually tailored, valid, and reliable and
allow for frequent measurements of the impact of the interventions. A parent's right to
a special education evaluation shall not be denied because of the instruction provided
under this paragraph.
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new text begin (i) A process must exist to ensure that interventions are implemented with fidelity in
a manner consistent with the intervention plan.
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new text begin Subd. 5. new text end

new text begin Assistance to sites. new text end

new text begin (a) Beginning not later than August 1, 2014, the
commissioner shall provide leadership and assistance to districts and chartered schools to
enable them to successfully implement the requirements of this section. To provide this
state leadership, the commissioner may:
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new text begin (1) assign the responsibility of site RtI assistance to the regional centers of
excellence under Minnesota Statutes, section 120B.115;
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new text begin (2) contract with the St. Croix River Education District (SCRED) to reestablish the
Minnesota Response to Intervention (RtI) Center;
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new text begin (3) develop a request for proposals and invite proposals from organizations
throughout the world to provide assistance to Minnesota sites;
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new text begin (4) develop a consortium with the department, postsecondary institutions,
professional organizations both within Minnesota and throughout the world to provide
assistance to Minnesota sites; or
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new text begin (5) other methods as determined by the commissioner.
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new text begin (b) The commissioner is encouraged to use revenue provided through the Elementary
and Secondary Education Act and the Individuals with Disabilities Education Act for
assistance under paragraph (a).
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new text begin (c) The Response to Intervention Center assistance initiative shall have the following
responsibilities:
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new text begin (1) assist the commissioner to develop rules as provided by this section;
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new text begin (2) develop RtI guidelines for district sites and chartered schools to enable them to
plan and implement an RtI model consistent with the rules of the commissioner;
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new text begin (3) provide professional development, coaching, and consultation for sites on the
RtI rules and guidelines including scientifically based instruction within a multitiered
model of instructional supports, standards aligned instruction, and the use of formative
assessment to guide instructional decision making;
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new text begin (4) collaborate with ServeMinnesota for the services of reading and math master
coaches to assist sites with interventions;
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new text begin (5) collaborate with education departments at higher education institutions to
incorporate the RtI research into applicable licensure programs;
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new text begin (6) consult with the commissioner of education to evaluate the learning and financial
impact of the RtI model in Minnesota;
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new text begin (7) disseminate models for evaluating classroom reading curriculum to better ensure
that student needs will be met; and
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new text begin (8) disseminate research-based interventions to be used with students who are not on
target to meet the proficiency standards in reading and mathematics.
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Sec. 2. new text begin STATEWIDE TESTING COMMITTEE.
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new text begin Notwithstanding any other law or rule to the contrary, the commissioner of education
shall establish a committee with the education research community and the vendor of the
state testing program for the following purposes:
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new text begin (1) determine how the state test can be of greater formative assessment value for
educational decision-making purposes for individual students. The purpose shall be to
reduce the need for sites to use both the state test for accountability purposes and a second
for formative assessment purposes;
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new text begin (2) how the state test can be administered in fall, winter, and spring for benchmarking
purposes if the sites choose to do so;
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new text begin (3) add a value added analysis provision;
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new text begin (4) determine predictive validity of the state test to career pathways as a part of the
World's Best Workforce Program defined in Minnesota Statutes, section 120B.11;
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new text begin (5) determine how estimated targets on the state test are equivalent to the National
Assessment of Education Progress (NAEP), Trends in International Mathematics and
Science Study (TIMSS), and Programme for International Student Assessment (PISA).
This will enable sites to make international comparisons; and
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new text begin (6) other tasks as determined by the commissioner.
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