2005 Minnesota Statutes

CHAPTER 120B. Curriculum and assessment

     120B.01 Definitions. 

    For the purposes of this chapter, the words defined in 
 section 120A.05 have the same meaning. 

    HIST: 1998 c 397 art 3 s 1; art 11 s 3 

ACADEMIC STANDARDS

     120B.019 Repealing profile of learning statutes and 
  rules. 

    Notwithstanding sections 120B.02, 120B.30, 120B.31, and 
 120B.35, or other law to the contrary, the commissioner of 
 education must not implement the profile of learning portion of 
 the state's results-oriented graduation rule. 

    HIST: 2003 c 129 art 1 s 1; 2003 c 130 s 12 

     120B.02 Educational expectations for Minnesota's 
  students. 

    (a) The legislature is committed to establishing rigorous 
 academic standards for Minnesota's public school students.  To 
 that end, the commissioner shall adopt in rule statewide 
 academic standards.  The commissioner shall not prescribe in 
 rule or otherwise the delivery system, classroom assessments, or 
 form of instruction that school sites must use.  For purposes of 
 this chapter, a school site is a separate facility, or a 
 separate program within a facility that a local school board 
 recognizes as a school site for funding purposes.  

    (b) All commissioner actions regarding the rule must be 
 premised on the following:  

    (1) the rule is intended to raise academic expectations for 
 students, teachers, and schools; 

    (2) any state action regarding the rule must evidence 
 consideration of school district autonomy; and 

    (3) the Department of Education, with the assistance of 
 school districts, must make available information about all 
 state initiatives related to the rule to students and parents, 
 teachers, and the general public in a timely format that is 
 appropriate, comprehensive, and readily understandable. 

    (c) When fully implemented, the requirements for high 
 school graduation in Minnesota must require students to 
 satisfactorily complete, as determined by the school district, 
 the course credit requirements under section 120B.024 and: 

    (1) for students enrolled in grade 8 before the 2005-2006 
 school year, to pass the basic skills test requirements; and 

    (2) for students enrolled in grade 8 in the 2005-2006 
 school year and later, to pass the Minnesota Comprehensive 
 Assessments Second Edition (MCA-IIs). 

    (d) The commissioner shall periodically review and report 
 on the state's assessment process. 

    (e) School districts are not required to adopt specific 
 provisions of the federal School-to-Work programs. 

    HIST: Ex1959 c 71 art 2 s 11; 1965 c 718 s 1; 1969 c 9 s 
 23,24; 1969 c 288 s 1; 1973 c 492 s 14; 1975 c 162 s 6,7; 1976 c 
 271 s 21; 1977 c 347 s 19; 1977 c 447 art 7 s 4; 1982 c 424 s 
 130; 1982 c 548 art 4 s 4,23; 1983 c 258 s 22; 1984 c 640 s 32; 
 1985 c 248 s 70; 1987 c 178 s 5; 1987 c 398 art 7 s 5; 1989 c 
 329 art 7 s 2; art 8 s 1; art 9 s 4; 1990 c 375 s 3; 1991 c 265 
 art 9 s 13; 1993 c 224 art 12 s 2-6; art 14 s 4; 1994 c 647 art 
 7 s 1; art 8 s 1; 1Sp1995 c 3 art 7 s 1; art 16 s 13; 1996 c 412 
 art 7 s 1; 1997 c 1 s 1; 1997 c 162 art 2 s 11; 1998 c 397 art 4 
 s 1,51; art 11 s 3; 1998 c 398 art 5 s 6,7,55; 2000 c 500 s 2; 
 2003 c 129 art 1 s 2; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 4 

     120B.021 Required academic standards. 

    Subdivision 1.    Required academic standards.  The 
 following subject areas are required for statewide 
 accountability: 

    (1) language arts; 

    (2) mathematics; 

    (3) science; 

    (4) social studies, including history, geography, 
 economics, and government and citizenship; 

    (5) health and physical education, for which locally 
 developed academic standards apply; and 

    (6) the arts, for which statewide or locally developed 
 academic standards apply, as determined by the school district.  
 Public elementary and middle schools must offer at least three 
 and require at least two of the following four arts areas:  
 dance; music; theater; and visual arts.  Public high schools 
 must offer at least three and require at least one of the 
 following five arts areas:  media arts; dance; music; theater; 
 and visual arts.  

    The commissioner must submit proposed standards in science 
 and social studies to the legislature by February 1, 2004.  

 For purposes of applicable federal law, the academic standards 
 for language arts, mathematics, and science apply to all public 
 school students, except the very few students with extreme 
 cognitive or physical impairments for whom an individualized 
 education plan team has determined that the required academic 
 standards are inappropriate.  An individualized education plan 
 team that makes this determination must establish alternative 
 standards. 

    A school district, no later than the 2007-2008 school year, 
 must adopt graduation requirements that meet or exceed state 
 graduation requirements established in law or rule.  A school 
 district that incorporates these state graduation requirements 
 before the 2007-2008 school year must provide students who enter 
 the 9th grade in or before the 2003-2004 school year the 
 opportunity to earn a diploma based on existing locally 
 established graduation requirements in effect when the students 
 entered the 9th grade.  District efforts to develop, implement, 
 or improve instruction or curriculum as a result of the 
 provisions of this section must be consistent with sections 
 120B.10, 120B.11, and 120B.20.  

    Subd. 1a.    Rigorous course of study; waiver.  (a) Upon 
 receiving a student's application signed by the student's parent 
 or guardian, a school district, area learning center, or charter 
 school must declare that a student meets or exceeds a specific 
 academic standard required for graduation under this section if 
 the local school board, the school board of the school district 
 in which the area learning center is located, or the charter 
 school board of directors determines that the student: 

    (1) is participating in a course of study, including an 
 advanced placement or international baccalaureate course or 
 program; a learning opportunity outside the curriculum of the 
 district, area learning center, or charter school; or an 
 approved preparatory program for employment or postsecondary 
 education that is equally or more rigorous than the 
 corresponding state or local academic standard required by the 
 district, area learning center, or charter school; 

    (2) would be precluded from participating in the rigorous 
 course of study, learning opportunity, or preparatory employment 
 or postsecondary education program if the student were required 
 to achieve the academic standard to be waived; and 

    (3) satisfactorily completes the requirements for the 
 rigorous course of study, learning opportunity, or preparatory 
 employment or postsecondary education program. 

 Consistent with the requirements of this section, the local 
 school board, the school board of the school district in which 
 the area learning center is located, or the charter school board 
 of directors also may formally determine other circumstances in 
 which to declare that a student meets or exceeds a specific 
 academic standard that the site requires for graduation under 
 this section. 

    (b) A student who satisfactorily completes a postsecondary 
 enrollment options course or program under section 124D.09 is 
 not required to complete other requirements of the academic 
 standards corresponding to that specific rigorous course of 
 study. 

    Subd. 2.    Standards development.  (a) The commissioner 
 must consider advice from at least the following stakeholders in 
 developing statewide rigorous core academic standards in 
 language arts, mathematics, science, social studies, including 
 history, geography, economics, government and citizenship, and 
 the arts: 

    (1) parents of school-age children and members of the 
 public throughout the state; 

    (2) teachers throughout the state currently licensed and 
 providing instruction in language arts, mathematics, science, 
 social studies, or the arts and licensed elementary and 
 secondary school principals throughout the state currently 
 administering a school site; 

    (3) currently serving members of local school boards and 
 charter school boards throughout the state; 

    (4) faculty teaching core subjects at postsecondary 
 institutions in Minnesota; and 

    (5) representatives of the Minnesota business community. 

    (b) Academic standards must: 

    (1) be clear, concise, objective, measurable, and 
 grade-level appropriate; 

    (2) not require a specific teaching methodology or 
 curriculum; and 

    (3) be consistent with the Constitutions of the United 
 States and the state of Minnesota. 

    Subd. 3.    Rulemaking.  The commissioner, consistent 
 with the requirements of this section and section 120B.022, must 
 adopt statewide rules under section 14.389 for implementing 
 statewide rigorous core academic standards in language arts, 
 mathematics, science, social studies, and the arts.  After the 
 rules authorized under this subdivision are initially adopted, 
 the commissioner may not amend or repeal these rules nor adopt 
 new rules on the same topic without specific legislative 
 authorization.  The academic standards for language arts, 
 mathematics, and the arts must be implemented for all students 
 beginning in the 2003-2004 school year.  The academic standards 
 for science and social studies must be implemented for all 
 students beginning in the 2005-2006 school year. 

    HIST: 2003 c 129 art 1 s 3; 2004 c 294 art 2 s 2; art 5 s 1; 
 art 6 s 1; 1Sp2005 c 5 art 2 s 5 

*   NOTE:  The amendments to subdivision 1 by Laws 2004, 
*chapter 294, article 2, section 2, are effective for the 
*2005-2006 school year and later.  Laws 2004, chapter 294, 
*article 2, section 2, the effective date.

     120B.022 Elective standards. 

    Subdivision 1.    Elective standards.  A district must 
 establish its own standards in the following subject areas: 

    (1) vocational and technical education; and 

    (2) world languages. 

    A school district must offer courses in all elective 
 subject areas. 

    Subd. 2.    Local assessments.  A district must use a 
 locally selected assessment to determine if a student has 
 achieved an elective standard. 

    HIST: 2003 c 129 art 1 s 4; 2004 c 294 art 2 s 3 

     120B.023 Benchmarks. 

    (a) The commissioner must supplement required state 
 academic standards with grade-level benchmarks.  High school 
 benchmarks may cover more than one grade.  The benchmarks must 
 implement statewide academic standards by specifying the 
 academic knowledge and skills that schools must offer and 
 students must achieve to satisfactorily complete a state 
 standard.  Benchmarks are published to inform and guide parents, 
 teachers, school districts, and other interested persons and for 
 use in developing tests consistent with the benchmarks. 

    (b) The commissioner shall publish benchmarks in the State 
 Register and transmit the benchmarks in any other manner that 
 makes them accessible to the general public.  The commissioner 
 may charge a reasonable fee for publications. 

    (c) Once established, the commissioner may change the 
 benchmarks only with specific legislative authorization and 
 after completing a review under paragraph (d). 

    (d) The commissioner must develop and implement a system 
 for reviewing on a four-year cycle each of the required academic 
 standards and related benchmarks and elective standards 
 beginning in the 2006-2007 school year.  

    (e) The benchmarks are not subject to chapter 14 and 
 section 14.386 does not apply.  

    HIST: 2003 c 129 art 1 s 5 

     120B.024 Graduation requirements; course credits. 

    Students beginning 9th grade in the 2004-2005 school year 
 and later must successfully complete the following high school 
 level course credits for graduation: 

    (1) four credits of language arts; 

    (2) three credits of mathematics, encompassing at least 
 algebra, geometry, statistics, and probability sufficient to 
 satisfy the academic standard; 

    (3) three credits of science, including at least one credit 
 in biology; 

    (4) three and one-half credits of social studies, 
 encompassing at least United States history, geography, 
 government and citizenship, world history, and economics or 
 three credits of social studies encompassing at least United 
 States history, geography, government and citizenship, and world 
 history, and one-half credit of economics taught in a school's 
 social studies or business department; 

    (5) one credit in the arts; and 

    (6) a minimum of seven elective course credits. 

    A course credit is equivalent to a student successfully 
 completing an academic year of study or a student mastering the 
 applicable subject matter, as determined by the local school 
 district. 

    HIST: 2003 c 129 art 1 s 6; 2004 c 294 art 2 s 4 

  120B.03 Repealed, 2000 c 500 s 21 

  120B.031 Repealed, 2003 c 129 art 1 s 12 

  120B.04 Repealed, 2000 c 500 s 21 

  120B.05 Repealed, 1999 c 241 art 1 s 69 

     120B.07 Early graduation. 

    Notwithstanding any law to the contrary, any secondary 
 school student who has completed all required courses or 
 standards may, with the approval of the student, the student's 
 parent or guardian, and local school officials, graduate before 
 the completion of the school year.  General education revenue 
 attributable to the student must be paid as though the student 
 was in attendance for the entire year. 

    HIST: 1974 c 521 s 7; 1975 c 432 s 12; 1979 c 334 art 1 s 1; 
 1983 c 216 art 1 s 24; 1983 c 314 art 1 s 22; 1985 c 248 s 70; 
 1986 c 444; 1988 c 486 s 7; 1998 c 397 art 2 s 73,164; 1Sp2001 c 
 6 art 1 s 4 

CURRICULUM

     120B.10 Findings; improving instruction and curriculum. 

    The legislature finds that a process is needed to enable 
 school boards and communities to decide matters related to 
 planning, providing, and improving education instruction and 
 curriculum in the context of the state's high school graduation 
 standards.  The process should help districts evaluate the 
 impact of instruction and curriculum on students' abilities to 
 meet graduation standards, use evaluation results to improve 
 instruction and curriculum, and determine services that 
 districts and other public education entities can provide 
 collaboratively with institutions including families and private 
 or public organizations and agencies.  The legislature 
 anticipates that a highly focused public education strategy will 
 be an integral part of each district's review and improvement of 
 instruction and curriculum. 

    HIST: 1996 c 412 art 7 s 3; 1998 c 397 art 6 s 124 

     120B.11 School district process for reviewing 
  curriculum, instruction, and student achievement. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section and section 120B.10, the following terms have the 
 meanings given them. 

    (a) "Instruction" means methods of providing learning 
 experiences that enable a student to meet state and district 
 academic standards and graduation requirements. 

    (b) "Curriculum" means district or school adopted programs 
 and written plans for providing students with learning 
 experiences that lead to expected knowledge and skills. 

    Subd. 2.    Adopting policies.  (a) A school board shall 
 have in place an adopted written policy that includes the 
 following: 

    (1) district goals for instruction including the use of 
 best practices, district and school curriculum, and achievement 
 for all student subgroups; 

    (2) a process for evaluating each student's progress toward 
 meeting academic standards and identifying the strengths and 
 weaknesses of instruction and curriculum affecting students' 
 progress; 

    (3) a system for periodically reviewing and evaluating all 
 instruction and curriculum; 

    (4) a plan for improving instruction, curriculum, and 
 student achievement; and 

    (5) an education effectiveness plan aligned with section 
 122A.625 that integrates instruction, curriculum, and technology.

    Subd. 3.    District advisory committee.  Each school 
 board shall establish an advisory committee to ensure active 
 community participation in all phases of planning and improving 
 the instruction and curriculum affecting state and district 
 academic standards.  A district advisory committee, to the 
 extent possible, shall reflect the diversity of the district and 
 its learning sites, and shall include teachers, parents, support 
 staff, students, and other community residents.  The district 
 may establish building teams as subcommittees of the district 
 advisory committee under subdivision 4.  The district advisory 
 committee shall recommend to the school board rigorous academic 
 standards, student achievement goals and measures, assessments, 
 and program evaluations.  Learning sites may expand upon 
 district evaluations of instruction, curriculum, assessments, or 
 programs.  Whenever possible, parents and other community 
 residents shall comprise at least two-thirds of advisory 
 committee members. 

    Subd. 4.    Building team.  A school may establish a 
 building team to develop and implement an education 
 effectiveness plan to improve instruction, curriculum, and 
 student achievement.  The team shall advise the board and the 
 advisory committee about developing an instruction and 
 curriculum improvement plan that aligns curriculum, assessment 
 of student progress in meeting state and district academic 
 standards, and instruction. 

    Subd. 5.    Report.  (a) By October 1 of each year, the 
 school board shall use standard statewide reporting procedures 
 the commissioner develops and adopt a report that includes the 
 following: 

    (1) student achievement goals for meeting state academic 
 standards; 

    (2) results of local assessment data, and any additional 
 test data; 

    (3) the annual school district improvement plans including 
 staff development goals under section 122A.60; 

    (4) information about district and learning site progress 
 in realizing previously adopted improvement plans; and 

    (5) the amount and type of revenue attributed to each 
 education site as defined in section 123B.04. 

    (b) The school board shall publish the report in the local 
 newspaper with the largest circulation in the district, by mail, 
 or by electronic means such as the district Web site.  If 
 electronic means are used, school districts must publish notice 
 of the report in a periodical of general circulation in the 
 district.  School districts must make copies of the report 
 available to the public on request.  The board shall make a copy 
 of the report available to the public for inspection.  The board 
 shall send a copy of the report to the commissioner of education 
 by October 15 of each year. 

    (c) The title of the report shall contain the name and 
 number of the school district and read "Annual Report on 
 Curriculum, Instruction, and Student Achievement."  The report 
 must include at least the following information about advisory 
 committee membership: 

    (1) the name of each committee member and the date when 
 that member's term expires; 

    (2) the method and criteria the school board uses to select 
 committee members; and 

    (3) the date by which a community resident must apply to 
 next serve on the committee. 

    Subd. 6.    Student evaluation.  The school board 
 annually shall provide high school graduates or GED recipients 
 who receive a diploma or its equivalent from the school district 
 with an opportunity to report to the board on the following: 

    (1) the quality of district instruction, curriculum, and 
 services; 

    (2) the quality of district delivery of instruction, 
 curriculum, and services; 

    (3) the utility of district facilities; and 

    (4) the effectiveness of district administration. 

    Subd. 7.    Periodic report.  Each school district shall 
 periodically ask affected constituencies about their level of 
 satisfaction with school.  The district shall include the 
 results of this evaluation in the report required under 
 subdivision 5. 

    Subd. 8.    Biennial evaluation; assessment program.  At 
 least once every two years, the district report shall include an 
 evaluation of the district testing programs, according to the 
 following: 

    (1) written objectives of the assessment program; 

    (2) names of tests and grade levels tested; 

    (3) use of test results; and 

    (4) student achievement results compared to previous years. 

    HIST: 1996 c 412 art 7 s 4; 1Sp1997 c 4 art 5 s 12; 1998 c 397 
 art 6 s 124; art 11 s 3; 2000 c 254 s 2; 2003 c 130 s 12; 
 1Sp2005 c 5 art 2 s 6-11 

     120B.12 Reading intervention. 

    Subdivision 1.    Literacy goal.  The legislature seeks 
 to have Minnesota's children able to read no later than the end 
 of second grade. 

    Subd. 2.    Identification.  For the 2002-2003 school 
 year and later, each school district shall identify before the 
 end of first grade students who are at risk of not learning to 
 read before the end of second grade.  The district must use a 
 locally adopted assessment method. 

    Subd. 3.    Intervention.  For each student identified 
 under subdivision 2, the district shall provide a reading 
 intervention method or program to assist the student in reaching 
 the goal of learning to read no later than the end of second 
 grade.  District intervention methods shall encourage parental 
 involvement and, where possible, collaboration with appropriate 
 school and community programs.  Intervention methods may 
 include, but are not limited to, requiring attendance in summer 
 school and intensified reading instruction that may require that 
 the student be removed from the regular classroom for part of 
 the school day. 

    Subd. 4.    Staff development.  Each district shall 
 identify the staff development needs to ensure that: 

    (1) elementary teachers are able to implement 
 comprehensive, scientifically based, and balanced reading 
 instruction programs that have resulted in improved student 
 performance; 

    (2) elementary teachers who are instructing students 
 identified under subdivision 2 are prepared to teach using the 
 intervention methods or programs selected by the district for 
 the identified students; and 

    (3) all licensed teachers employed by the district have 
 regular opportunities to improve reading instruction. 

    Subd. 5.    Commissioner.  The commissioner shall 
 recommend to districts multiple assessment tools that will 
 assist districts and teachers with identifying students under 
 subdivision 2.  The commissioner shall also make available to 
 districts examples of nationally recognized and research-based 
 instructional methods or programs that districts may use to 
 provide reading intervention according to this section. 

    HIST: 1Sp2001 c 13 s 12 

     120B.125 Involuntary career tracking prohibited. 

    A school district may develop grade-level curricula or 
 provide instruction that introduces students to various careers, 
 but must not require any curriculum, instruction, or 
 employment-related activity that obligates an elementary or 
 secondary student to involuntarily select a career, career 
 interest, employment goals, or related job training. 

    HIST: 1Sp2001 c 6 art 2 s 3 

     120B.128 Educational Planning and Assessment System 
  (EPAS) program. 

    (a) School districts and charter schools may elect to 
 participate in the Educational Planning and Assessment System 
 (EPAS) program offered by ACT, Inc. to provide a longitudinal, 
 systematic approach to student educational and career planning, 
 assessment, instructional support, and evaluation.  The EPAS 
 achievement tests include English, reading, mathematics, 
 science, and components on planning for high school and 
 postsecondary education, interest inventory, needs assessments, 
 and student education plans.  These tests are linked to the ACT 
 assessment for college admission and allow students, parents, 
 teachers, and schools to determine the student's college 
 readiness before grades 11 and 12. 

    (b) The commissioner of education shall provide ACT Explore 
 tests for students in grade 8 and the ACT Plan test for students 
 in grade 10 to assess individual student academic strengths and 
 weaknesses, academic achievement and progress, higher order 
 thinking skills, and college readiness.  The state shall pay the 
 test costs for school districts and charter schools that choose 
 to participate in the EPAS program.  The commissioner shall 
 establish an application procedure and a process for state 
 payment of costs. 

    HIST: 1Sp2005 c 5 art 2 s 12 

     120B.13 Advanced placement and international 
  baccalaureate programs. 

    Subdivision 1.    Program structure; training programs for 
 teachers.  (a) The advanced placement and international 
 baccalaureate programs are well-established academic programs 
 for mature, academically directed high school students.  These 
 programs, in addition to providing academic rigor, offer sound 
 curricular design, accountability, comprehensive external 
 assessment, feedback to students and teachers, and the 
 opportunity for high school students to compete academically on 
 a global level.  Advanced placement and international 
 baccalaureate programs allow students to leave high school with 
 the academic skills and self-confidence to succeed in college 
 and beyond.  The advanced placement and international 
 baccalaureate programs help provide Minnesota students with 
 world-class educational opportunity. 

    (b) Critical to schools' educational success is ongoing 
 advanced placement/international baccalaureate-approved teacher 
 training.  A secondary teacher assigned by a district to teach 
 an advanced placement or international baccalaureate course or 
 other interested educator may participate in a training program 
 offered by The College Board or International Baccalaureate 
 North America, Inc.  The state may pay a portion of the tuition, 
 room, board, and out-of-state travel costs a teacher or other 
 interested educator incurs in participating in a training 
 program.  The commissioner shall determine application 
 procedures and deadlines, select teachers and other interested 
 educators to participate in the training program, and determine 
 the payment process and amount of the subsidy.  The procedures 
 determined by the commissioner shall, to the extent possible, 
 ensure that advanced placement and international baccalaureate 
 courses become available in all parts of the state and that a 
 variety of course offerings are available in school districts.  
 This subdivision does not prevent teacher or other interested 
 educator participation in training programs offered by The 
 College Board or International Baccalaureate North America, 
 Inc., when tuition is paid by a source other than the state. 

    Subd. 2.    Support programs.  The commissioner shall 
 provide support programs during the school year for teachers who 
 attended the training programs and teachers experienced in 
 teaching advanced placement or international baccalaureate 
 courses.  The support programs shall provide teachers with 
 opportunities to share instructional ideas with other teachers.  
 The state may pay the costs of participating in the support 
 programs, including substitute teachers, if necessary, and 
 program affiliation costs. 

    Subd. 3.    Subsidy for examination fees.  The state may 
 pay all or part of the fee for advanced placement or 
 international baccalaureate examinations.  The commissioner 
 shall pay all examination fees for all public and nonpublic 
 students of low-income families, as defined by the commissioner, 
 and to the limit of the available appropriation, shall also pay 
 a portion or all of the examination fees for other public and 
 nonpublic students sitting for an advanced placement 
 examination, international baccalaureate examination, or both.  
 The commissioner shall determine procedures for state payments 
 of fees. 

    Subd. 3a.    College credit.  The colleges and 
 universities of the Minnesota State Colleges and Universities 
 system must award, and the University of Minnesota and private 
 postsecondary institutions are encouraged to award, college 
 credit to high school students who receive a score of three or 
 higher on an advanced placement or four or higher on the 
 international baccalaureate program examination. 

    Subd. 4.    Information.  The commissioner shall submit 
 the following information to the education committees of the 
 legislature each year by February 1: 

    (1) the number of pupils enrolled in advanced placement and 
 international baccalaureate courses in each school district; 

    (2) the number of teachers in each district attending 
 training programs offered by the college board or International 
 Baccalaureate North America, Inc.; 

    (3) the number of teachers in each district participating 
 in support programs; 

    (4) recent trends in the field of advanced placement and 
 international baccalaureate programs; 

    (5) expenditures for each category in this section; and 

    (6) other recommendations for the state program. 

    HIST: 1992 c 499 art 7 s 10; 1993 c 224 art 13 s 46; 1994 c 
 647 art 7 s 9; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 2 s 
 129,164; 2000 c 489 art 6 s 1; 1Sp2001 c 6 art 2 s 2; 2002 c 220 
 art 3 s 1; 1Sp2005 c 5 art 2 s 13-15 

     120B.131 College-level examination program (CLEP). 

    Subdivision 1.    Program structure.  The college-level 
 examination program (CLEP) offered by the College Board provides 
 students with the opportunity to demonstrate college-level 
 achievement and receive college credit or advanced standing 
 through a program of examinations in undergraduate college 
 courses.  Schools must provide information about CLEP and the 
 opportunity to receive college credit from a Minnesota 
 postsecondary institution to students successfully completing a 
 college-level course. 

    Subd. 2.    Reimbursement for examination fees.  The 
 state may reimburse college-level examination program (CLEP) 
 fees for a Minnesota public high school student who has 
 successfully completed one or more college-level courses in high 
 school and earned a satisfactory score on one or more CLEP 
 examinations in the following subjects:  composition and 
 literature, mathematics and science, social sciences and 
 history, foreign languages, and business and humanities.  The 
 state may reimburse each successful student for up to six 
 examination fees.  The commissioner shall establish application 
 procedures and a process and schedule for fee reimbursements.  
 The commissioner must give priority to reimburse the CLEP 
 examination fees of students of low-income families. 

    Subd. 3.    College credit.  The colleges and 
 universities of the Minnesota State Colleges and Universities 
 system must award, and the University of Minnesota and private 
 postsecondary institutions are encouraged to award, college 
 credit to high school students who receive a satisfactory score 
 on a CLEP examination under this section.  The commissioner, in 
 consultation with the Minnesota State Colleges and Universities, 
 shall set a passing score for college credits. 

    HIST: 1Sp2005 c 5 art 2 s 16 

     120B.14 Advanced academic credit. 

    A district must grant academic credit to a pupil attending 
 an accelerated or advanced academic course offered by a higher 
 education institution or a nonprofit public agency other than 
 the district, if the pupil successfully completes the course 
 attended and passes an examination approved by the district.  If 
 no comparable course is offered by the district, the 
 commissioner shall determine the number of credits which shall 
 be granted to a pupil who successfully completes and passes the 
 course.  If a comparable course is offered by the district, the 
 board must grant a comparable number of credits to the pupil.  
 If there is a dispute between the district and the pupil 
 regarding the number of credits granted for a particular course, 
 the pupil may appeal the school board's decision to the 
 commissioner.  The commissioner's decision regarding the number 
 of credits shall be final.  

    The credits granted to a pupil shall be counted toward the 
 graduation requirements and subject area requirements of the 
 district.  Evidence of successful completion of each class and 
 credits granted shall be included in the pupil's secondary 
 school record.  

    HIST: 1984 c 463 art 7 s 8; 1993 c 224 art 13 s 21; 1998 c 397 
 art 2 s 74,164 

     120B.15 Gifted and talented students programs. 

    School districts may identify students, locally develop 
 programs, provide staff development, and evaluate programs to 
 provide gifted and talented students with challenging 
 educational programs. 

    School districts may adopt guidelines for assessing and 
 identifying students for participation in gifted and talented 
 programs.  The guidelines should include the use of: 

    (1) multiple and objective criteria; and 

    (2) assessments and procedures that are valid and reliable, 
 fair, and based on current theory and research. 

    HIST: 1Sp2005 c 5 art 2 s 17 

     120B.16 Secondary credit for students. 

    A student who satisfactorily completes a high school course 
 shall receive secondary course credit and the credit shall count 
 toward the student's graduation requirements.  

    HIST: 1993 c 224 art 9 s 35; 1996 c 412 art 7 s 12; 1998 c 397 
 art 9 s 26 

     120B.18 American sign language. 

    Satisfactory completion of courses in American sign 
 language in a public elementary or secondary school shall be 
 accorded equal standing with satisfactory completion of courses 
 in any world language. 

    HIST: 1Sp1997 c 4 art 2 s 37; 1998 c 397 art 9 s 26 

     120B.20 Parental curriculum review. 

    Each school district shall have a procedure for a parent, 
 guardian, or an adult student, 18 years of age or older, to 
 review the content of the instructional materials to be provided 
 to a minor child or to an adult student and, if the parent, 
 guardian, or adult student objects to the content, to make 
 reasonable arrangements with school personnel for alternative 
 instruction.  Alternative instruction may be provided by the 
 parent, guardian, or adult student if the alternative 
 instruction, if any, offered by the school board does not meet 
 the concerns of the parent, guardian, or adult student.  The 
 school board is not required to pay for the costs of alternative 
 instruction provided by a parent, guardian, or adult student.  
 School personnel may not impose an academic or other penalty 
 upon a student merely for arranging alternative instruction 
 under this section.  School personnel may evaluate and assess 
 the quality of the student's work. 

    HIST: 1993 c 224 art 12 s 29; 1998 c 397 art 6 s 124 

     120B.22 Violence prevention education. 

    Subdivision 1.    Violence prevention curriculum.  (a) 
 The commissioner of education, in consultation with the 
 commissioners of health and human services, state minority 
 councils, battered women's and domestic abuse programs, battered 
 women's shelters, sexual assault centers, representatives of 
 religious communities, and the assistant commissioner of the 
 Office of Drug Policy and Violence Prevention, shall assist 
 districts on request in developing or implementing a violence 
 prevention program for students in kindergarten to grade 12 that 
 can be integrated into existing curriculum.  The purpose of the 
 program is to help students learn how to resolve conflicts 
 within their families and communities in nonviolent, effective 
 ways.  

    (b) Each district is encouraged to integrate into its 
 existing curriculum a program for violence prevention that 
 includes at least: 

    (1) a comprehensive, accurate, and age appropriate 
 curriculum on violence prevention, nonviolent conflict 
 resolution, sexual, racial, and cultural harassment, 
 self-protection, and student hazing that promotes equality, 
 respect, understanding, effective communication, individual 
 responsibility, thoughtful decision making, positive conflict 
 resolution, useful coping skills, critical thinking, listening 
 and watching skills, and personal safety; 

    (2) planning materials, guidelines, and other accurate 
 information on preventing physical and emotional violence, 
 identifying and reducing the incidence of sexual, racial, and 
 cultural harassment, and reducing child abuse and neglect; 

    (3) a special parent education component of early childhood 
 family education programs to prevent child abuse and neglect and 
 to promote positive parenting skills, giving priority to 
 services and outreach programs for at-risk families; 

    (4) involvement of parents and other community members, 
 including the clergy, business representatives, civic leaders, 
 local elected officials, law enforcement officials, and the 
 county attorney; 

    (5) collaboration with local community services, agencies, 
 and organizations that assist in violence intervention or 
 prevention, including family-based services, crisis services, 
 life management skills services, case coordination services, 
 mental health services, and early intervention services; 

    (6) collaboration among districts and service cooperatives; 

    (7) targeting early adolescents for prevention efforts, 
 especially early adolescents whose personal circumstances may 
 lead to violent or harassing behavior; 

    (8) opportunities for teachers to receive in-service 
 training or attend other programs on strategies or curriculum 
 designed to assist students in intervening in or preventing 
 violence in school and at home; and 

    (9) administrative policies that reflect, and a staff that 
 models, nonviolent behaviors that do not display or condone 
 sexual, racial, or cultural harassment or student hazing. 

    (c) The department may provide assistance at a neutral site 
 to a nonpublic school participating in a district's program. 

    Subd. 2.    In-service training.  Each district is 
 encouraged to provide training for district staff and school 
 board members to help students identify violence in the family 
 and the community so that students may learn to resolve 
 conflicts in effective, nonviolent ways.  The in-service 
 training must be ongoing and involve experts familiar with 
 domestic violence and personal safety issues. 

    Subd. 3.    Funding sources.  Districts may accept funds 
 from public and private sources for violence prevention programs 
 developed and implemented under this section. 

    HIST: 1992 c 571 art 10 s 6; 1994 c 647 art 4 s 34; 1Sp1995 c 
 3 art 16 s 13; 1996 c 305 art 1 s 138; 1Sp1997 c 4 art 7 s 9; 
 1998 c 397 art 3 s 92,103; 2000 c 445 art 2 s 6; 2003 c 130 s 12; 
 1Sp2005 c 5 art 2 s 18 

     120B.23 Violence prevention education grants. 

    Subdivision 1.    Grant program established.  The 
 commissioner of education, after consulting with the assistant 
 commissioner of the Office of Drug Policy and Violence 
 Prevention, shall establish a violence prevention education 
 grant program to enable a school district, an education 
 district, or a group of districts that cooperate for a 
 particular purpose to develop and implement or to continue a 
 violence prevention program for students in kindergarten through 
 grade 12 that can be integrated into existing curriculum.  A 
 district or group of districts that elects to develop and 
 implement or to continue a violence prevention program under 
 section 120B.22 is eligible to apply for a grant under this 
 section. 

    Subd. 2.    Grant application.  To be eligible to 
 receive a grant, a school district, an education district, a 
 service cooperative, or a group of districts that cooperate for 
 a particular purpose must submit an application to the 
 commissioner in the form and manner and according to the 
 timeline established by the commissioner.  The application must 
 describe how the applicant will:  (1) continue or integrate into 
 its existing K-12 curriculum a program for violence prevention 
 that contains the program components listed in section 120B.22; 
 (2) collaborate with local organizations involved in violence 
 prevention and intervention; and (3) structure the program to 
 reflect the characteristics of the children, their families and 
 the community involved in the program.  The commissioner may 
 require additional information from the applicant.  When 
 reviewing the applications, the commissioner shall determine 
 whether the applicant has met the requirements of this 
 subdivision. 

    Subd. 3.    Grant awards.  The commissioner may award 
 grants for a violence prevention education program to eligible 
 applicants as defined in subdivision 2.  Grant amounts may not 
 exceed $3 per resident pupil unit in the district or group of 
 districts in the prior school year.  Grant recipients should be 
 geographically distributed throughout the state. 

    Subd. 4.    Grant proceeds.  A successful applicant must 
 use the grant money to develop and implement or to continue a 
 violence prevention program according to the terms of the grant 
 application. 

    HIST: 1992 c 571 art 10 s 30; 1994 c 576 s 2; 1994 c 647 art 4 
 s 35; 1Sp1995 c 3 art 9 s 29; art 16 s 13; 1998 c 397 art 3 s 
 93,103; art 11 s 3; 2003 c 130 s 12 

     120B.232 Character development education. 

    Subdivision 1.    Character development education.  The 
 legislature encourages districts to integrate or offer 
 instruction on character education including, but not limited 
 to, character qualities such as attentiveness, truthfulness, 
 respect for authority, diligence, gratefulness, self-discipline, 
 patience, forgiveness, respect for others, peacemaking, and 
 resourcefulness.  Instruction should be integrated into a 
 district's existing programs, curriculum, or the general school 
 environment.  The commissioner shall provide assistance at the 
 request of a district to develop character education curriculum 
 and programs. 

    Subd. 2.    Funding sources.  The commissioner must 
 first use federal funds for character development education 
 programs to the extent available under United States Code, title 
 20, section 7247.  Districts may accept funds from private and 
 other public sources for character development education 
 programs developed and implemented under this section. 

    HIST: 1Sp2005 c 5 art 2 s 19 

     120B.235 American heritage education. 

    (a) School districts shall permit grade-level instruction 
 for students to read and study America's founding documents, 
 including documents that contributed to the foundation or 
 maintenance of America's representative form of limited 
 government, the Bill of Rights, our free-market economic system, 
 and patriotism.  

    (b) Districts may not censor or restrain instruction in 
 American or Minnesota state history or heritage based on 
 religious references in original source documents, writings, 
 speeches, proclamations, or records. 

    HIST: 1Sp2005 c 5 art 2 s 20 

     120B.24 Endowed chair. 

    Subdivision 1.    Purpose.  The purpose of the endowed 
 chair program is to increase curriculum offerings and learning 
 experiences available to students. 

    Subd. 2.    Eligibility.  A school site, represented by 
 the school site council or, if no site council exists, the 
 principal or lead teacher, and the party interested in endowing 
 a chair may enter into an agreement for an endowed chair for no 
 longer than one year in length.  The party endowing the chair 
 and the school site may, at their discretion, renew annually. 

    Subd. 3.    Program.  An endowed chair program may be 
 for a semester, a summer session, or a full school year.  
 Curriculum developed or provided under the endowed chair program 
 must supplement the existing curriculum offerings available at 
 the school in the particular subject chosen. 

    Subd. 4.    Agreement.  The agreement must make 
 available funds sufficient for the salary and benefit costs of 
 the instructor, and necessary supplies for the course.  The 
 participating site must provide the classroom space and 
 administer the program.  The parties, in consultation with the 
 school district and the exclusive representative of the 
 teachers, jointly select the instructor for the endowed chair. 

    HIST: 1996 c 412 art 8 s 9; 1998 c 397 art 6 s 124 

ASSESSMENT; ACCOUNTABILITY

     120B.30 Statewide testing and reporting system. 

    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 machine-scoreable 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, only 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 the state tests in reading and 
 mathematics are the equivalent of:  

    (1) 70 percent correct for students entering grade 9 in 
 1996; and 

    (2) 75 percent correct for students entering grade 9 in 
 1997 and thereafter, as based on the first uniform test 
 administration of February 1998.  

    For students enrolled in grade 8 in the 2005-2006 school 
 year and later, only the Minnesota Comprehensive Assessments 
 Second Edition (MCA-IIs) in reading, mathematics, and writing 
 shall fulfill students' academic standard requirements. 

    (b) The third 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. 

    (c) 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.  

    (d) 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 exemptions, 
 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 student 
 is incapable of taking a statewide test, or for a limited 
 English proficiency student under section 124D.59, subdivision 
 2, if the student has been in the United States for fewer than 
 three years; 

    (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) students' scores 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. 

    (e) Districts must report exemptions under paragraph (d), 
 clause (1), to the commissioner consistent with a format 
 provided by the commissioner. 

    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 9 span, and a life sciences 
 assessment in the grades 10 through 12 span for the 2007-2008 
 school year and later. 

    (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 the 2006-2007 school year, a value-added 
 component to measure 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 
 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.  

    Subd. 2.    Department of Education assistance.  The 
 Department of Education shall contract for professional and 
 technical services according to competitive bidding procedures 
 under chapter 16C for purposes of this section. 

    Subd. 3.    Reporting.  The commissioner shall report 
 test data publicly and to stakeholders, including the three 
 performance baselines developed from students' unweighted mean 
 test scores in each tested subject and a listing of demographic 
 factors that strongly correlate with student performance.  The 
 commissioner shall also report data that compares performance 
 results among school sites, school districts, Minnesota and 
 other states, and Minnesota and other nations.  The commissioner 
 shall disseminate to schools and school districts a more 
 comprehensive report containing testing information that meets 
 local needs for evaluating instruction and curriculum. 

    Subd. 4.    Access to tests.  The commissioner must 
 adopt and publish a policy to provide public and parental access 
 for review of basic skills tests, Minnesota Comprehensive 
 Assessments, or any other such statewide test and assessment.  
 Upon receiving a written request, the commissioner must make 
 available to parents or guardians a copy of their student's 
 actual answer sheet to the test questions to be reviewed by the 
 parent.  

    HIST: 1997 c 138 s 1; 1998 c 386 art 2 s 38; 1998 c 397 art 4 
 s 2,51; art 11 s 3; 1998 c 398 art 5 s 8; 1999 c 241 art 9 s 3; 
 2000 c 489 art 6 s 2; 2000 c 500 s 15; 1Sp2001 c 6 art 2 s 4; 
 2003 c 129 art 1 s 7,8; 2003 c 130 s 12; 2004 c 294 art 6 s 2; 
 1Sp2005 c 5 art 2 s 21-23 

     120B.31 System accountability and statistical 
  adjustments. 

    Subdivision 1.    Educational accountability and public 
 reporting.  Consistent with the process to adopt a 
 results-oriented graduation rule under section 120B.02, the 
 department, in consultation with education and other system 
 stakeholders, must establish a coordinated and comprehensive 
 system of educational accountability and public reporting that 
 promotes higher academic achievement.  

    Subd. 2.    Statewide testing.  Each school year, all 
 school districts shall give a uniform statewide test to students 
 at specified grades to provide information on the status, needs 
 and performance of Minnesota students. 

    Subd. 3.    Educational accountability.  (a) The 
 Independent Office of Educational Accountability, as authorized 
 by Laws 1997, First Special Session chapter 4, article 5, 
 section 28, subdivision 2, is established.  The office shall 
 advise the education committees of the legislature and the 
 commissioner of education, at least on a biennial basis, on the 
 degree to which the statewide educational accountability and 
 reporting system includes a comprehensive assessment framework 
 that measures school accountability for students achieving the 
 goals described in the state's results-oriented graduation 
 rule.  The office shall consider whether the statewide system of 
 educational accountability utilizes multiple indicators to 
 provide valid and reliable comparative and contextual data on 
 students, schools, districts, and the state, and if not, 
 recommend ways to improve the accountability reporting system. 

    (b) When the office reviews the statewide educational 
 accountability and reporting system, it shall also consider: 

    (1) the objectivity and neutrality of the state's 
 educational accountability system; and 

    (2) the impact of a testing program on school curriculum 
 and student learning. 

    Subd. 4.    Statistical adjustments.  In developing 
 policies and assessment processes to hold schools and districts 
 accountable for high levels of academic standards under section 
 120B.021, the commissioner shall aggregate student data over 
 time to report student performance levels measured at the school 
 district, regional, or statewide level.  When collecting and 
 reporting the data, the commissioner shall:  (1) acknowledge the 
 impact of significant demographic factors such as residential 
 instability, the number of single parent families, parents' 
 level of education, and parents' income level on school 
 outcomes; and (2) organize and report the data so that state and 
 local policy makers can understand the educational implications 
 of changes in districts' demographic profiles over time.  Any 
 report the commissioner disseminates containing summary data on 
 student performance must integrate student performance and the 
 demographic factors that strongly correlate with that 
 performance.  

    HIST: 1996 c 412 art 7 s 2; 1997 c 1 s 2; 1998 c 397 art 4 s 
 3,4,51; art 11 s 3; 1998 c 398 art 5 s 10,55; 2003 c 130 s 12; 
 1Sp2005 c 5 art 11 s 1 

     120B.35 Student academic achievement and progress. 

    Subdivision 1.    Adequate yearly progress of schools and 
 students.  The commissioner must develop and implement a 
 system for measuring and reporting academic achievement and 
 individual student progress, consistent with the statewide 
 educational accountability and reporting system.  The components 
 of the system must measure the adequate yearly progress of 
 schools and individual students:  students' current achievement 
 in schools under subdivision 2; and individual students' 
 educational progress over time under subdivision 3.  The system 
 also must include statewide measures of student academic 
 achievement that identify schools with high levels of 
 achievement, and also schools with low levels of achievement 
 that need improvement.  When determining a school's effect, the 
 data must include both statewide measures of student achievement 
 and, to the extent annual tests are administered, indicators of 
 achievement growth that take into account a student's prior 
 achievement.  Indicators of achievement and prior achievement 
 must be based on highly reliable statewide or districtwide 
 assessments.  Indicators that take into account a student's 
 prior achievement must not be used to disregard a school's low 
 achievement or to exclude a school from a program to improve low 
 achievement levels.  The commissioner by January 15, 2002, must 
 submit a plan for integrating these components to the chairs of 
 the legislative committees having policy and budgetary 
 responsibilities for elementary and secondary education.  

    Subd. 2.    Student academic achievement.  (a) Each 
 school year, a school district must determine if the student 
 achievement levels at each school site meet state and local 
 expectations.  If student achievement levels at a school site do 
 not meet state and local expectations and the site has not made 
 adequate yearly progress for two consecutive school years, 
 beginning with the 2001-2002 school year, the district must work 
 with the school site to adopt a plan to raise student 
 achievement levels to meet state and local expectations.  The 
 commissioner of education shall establish student academic 
 achievement levels.  

    (b) School sites identified as not meeting expectations 
 must develop continuous improvement plans in order to meet state 
 and local expectations for student academic achievement.  The 
 department, at a district's request, must assist the district 
 and the school site in developing a plan to improve student 
 achievement.  The plan must include parental involvement 
 components. 

    (c) The commissioner must: 

    (1) provide assistance to school sites and districts 
 identified as not meeting expectations; and 

    (2) provide technical assistance to schools that integrate 
 student progress measures under subdivision 3 in the school 
 continuous improvement plan. 

    (d) The commissioner shall establish and maintain a 
 continuous improvement Web site designed to make data on every 
 school and district available to parents, teachers, 
 administrators, community members, and the general public. 

    Subd. 3.    Student progress assessment.  (a) The 
 educational assessment system component measuring individual 
 students' educational progress must be based, to the extent 
 annual tests are administered, 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 or districtwide assessments.  

    (b) The commissioner must identify effective models for 
 measuring individual student progress that enable a school 
 district or school site to perform gains-based analysis, 
 including evaluating the effects of the teacher, school, and 
 school district on student achievement over time.  At least one 
 model must be a "value-added" assessment model that reliably 
 estimates those effects for classroom settings where a single 
 teacher teaches multiple subjects to the same group of students, 
 for team teaching arrangements, and for other teaching 
 circumstances. 

    (c) If a district has an accountability plan that includes 
 gains-based analysis or "value-added" assessment, the 
 commissioner shall, to the extent practicable, incorporate those 
 measures in determining whether the district or school site 
 meets expectations.  The department must coordinate with the 
 district in evaluating school sites and continuous improvement 
 plans, consistent with best practices.  

    Subd. 4.    Improving schools.  Consistent with the 
 requirements of this section, the commissioner of education must 
 establish a second achievement benchmark to identify improving 
 schools.  The commissioner must recommend to the legislature by 
 February 15, 2002, indicators in addition to the achievement 
 benchmark for identifying improving schools, including an 
 indicator requiring a school to demonstrate ongoing successful 
 use of best teaching practices. 

    Subd. 5.    Improving graduation rates for students with 
 emotional or behavioral disorders.  (a) A district must 
 develop strategies in conjunction with parents of students with 
 emotional or behavioral disorders and the county board 
 responsible for implementing sections 245.487 to 245.4887 to 
 keep students with emotional or behavioral disorders in school, 
 when the district has a drop-out rate for students with an 
 emotional or behavioral disorder in grades 9 through 12 
 exceeding 25 percent. 

    (b) A district must develop a plan in conjunction with 
 parents of students with emotional or behavioral disorders and 
 the local mental health authority to increase the graduation 
 rates of students with emotional or behavioral disorders.  A 
 district with a drop-out rate for children with an emotional or 
 behavioral disturbance in grades 9 through 12 that is in the top 
 25 percent of all districts shall submit a plan for review and 
 oversight to the commissioner. 

    HIST: 1998 c 398 art 9 s 1; 1999 c 241 art 9 s 4; 2000 c 500 s 
 16; 1Sp2001 c 6 art 2 s 5; 2003 c 130 s 12; 2004 c 294 art 5 s 2 

     120B.36 School accountability; appeals process. 

    Subdivision 1.    School performance report cards.  (a) 
 The commissioner shall use objective criteria based on levels of 
 student performance to identify four to six designations 
 applicable to high and low performing public schools.  The 
 objective criteria shall include at least student academic 
 performance, school safety, and staff characteristics, with a 
 value-added growth component added by the 2006-2007 school year. 

    (b) The commissioner shall develop, annually update, and 
 post on the department Web site school performance report cards. 
 A school's designation must be clearly stated on each school 
 performance report card. 

    (c) The commissioner must make available the first school 
 designations and school performance report cards by November 
 2003, and during the beginning of each school year thereafter.  

    (d) A school or district may appeal in writing a 
 designation under this section to the commissioner within 30 
 days of receiving the designation.  The commissioner's decision 
 to uphold or deny an appeal is final.  

    (e) School performance report cards are nonpublic data 
 under section 13.02, subdivision 9, until not later than ten 
 days after the appeal procedure described in paragraph (d) 
 concludes.  The department shall annually post school 
 performance report cards to its public Web site no later than 
 September 1. 

    Subd. 2.    Adequate yearly progress data.  All data the 
 department receives, collects, or creates for purposes of 
 determining adequate yearly progress designations under Public 
 Law 107-110, section 1116, are nonpublic data under section 
 13.02, subdivision 9, until not later than ten days after the 
 appeal procedure described in subdivision 1, paragraph (d), 
 concludes.  Districts must provide parents sufficiently detailed 
 summary data to permit parents to appeal under Public Law 
 107-110, section 1116(b)(2).  The department shall annually post 
 adequate yearly progress data to its public Web site no later 
 than September 1. 

    HIST: 2003 c 129 art 1 s 9; 2004 c 294 art 2 s 5 

*   NOTE:  Subdivision 1, paragraphs (a) to (d), apply to the 
*2005-2006 school year and later.  Laws 2003, chapter 129, 
*article 1, section 9, the effective date.  Subdivision 1, paragraph (e), 
*and subdivision 2 are effective May 27, 2004.  Laws 2004, chapter 294, 
*article 2, section 5, the effective date.

     120B.362 Value-added assessment program. 

    (a) The commissioner of education must implement a 
 value-added assessment program to assist school districts, 
 public schools, and charter schools in assessing and reporting 
 individual students' growth in academic achievement under 
 section 120B.30, subdivision 1a.  The program must use 
 assessments of individual students' academic achievement to make 
 longitudinal comparisons of each student's academic growth over 
 time.  School districts, public schools, and charter schools may 
 apply to the commissioner to participate in the initial trial 
 program using a form and in the manner the commissioner 
 prescribes.  The commissioner must select program participants 
 from urban, suburban, and rural areas throughout the state.  

    (b) The commissioner may issue a request for proposals to 
 contract with an organization that provides a value-added 
 assessment model that reliably estimates school and school 
 district effects on students' academic achievement over time.  
 The model the commissioner selects must accommodate diverse data 
 and must use each student's test data across grades.  Data on 
 individual teachers generated under the model are personnel data 
 under section 13.43.  

    (c) The contract under paragraph (b) must be consistent 
 with the definition of "best value" under section 16C.02, 
 subdivision 4. 

    HIST: 1Sp2005 c 5 art 2 s 24 

     120B.363 Credential for education paraprofessionals. 

    Subdivision 1.    Rulemaking.  The Board of Teaching 
 must adopt rules to implement a statewide credential for 
 education paraprofessionals who assist a licensed teacher in 
 providing student instruction.  Any paraprofessional holding 
 this credential or working in a local school district after 
 meeting a state-approved local assessment is considered to be 
 highly qualified under federal law.  Under this subdivision, the 
 Board of Teaching, in consultation with the commissioner, must 
 adopt qualitative criteria for approving local assessments that 
 include an evaluation of a paraprofessional's knowledge of 
 reading, writing, and math and the paraprofessional's ability to 
 assist in the instruction of reading, writing, and math.  The 
 commissioner must approve or disapprove local assessments using 
 these criteria.  The commissioner must make the criteria 
 available to the public. 

    Subd. 2.    Training possibilities.  In adopting rules 
 under subdivision 1, the board must consider including 
 provisions that provide training in:  students' characteristics; 
 teaching and learning environment; academic instruction skills; 
 student behavior; and ethical practices. 

    Subd. 3.    Initial training.  Within the first 60 days 
 of supervising or working with students, a district must provide 
 each paraprofessional with initial training in emergency 
 procedures, confidentiality, vulnerability, reporting 
 obligations, discipline policies, roles and responsibilities, 
 and a building orientation. 

    HIST: 2003 c 129 art 1 s 10 

     120B.365 Assessment Advisory Committee. 

    Subdivision 1.    Establishment.  An Assessment Advisory 
 Committee of up to 11 members selected by the commissioner is 
 established.  The commissioner must select members as follows: 

    (1) two superintendents; 

    (2) two teachers; 

    (3) two higher education faculty; and 

    (4) up to five members of the public, consisting of parents 
 and members of the business community. 

    The committee must review all statewide assessments.  The 
 committee must submit its recommendations to the commissioner 
 and to the committees of the legislature having jurisdiction 
 over kindergarten through grade 12 education policy and budget 
 issues.  The commissioner must consider the committees' 
 recommendations before finalizing a statewide assessment. 

    Subd. 2.    Expiration.  Notwithstanding section 15.059, 
 subdivision 5, the committee expires on June 30, 2014. 

    HIST: 2003 c 129 art 1 s 11 

*   NOTE:  This section, as added by Laws 2003, chapter 129, 
*article 1, section 11, applies to 
*the 2005-2006 school year and later.  Laws 2003, chapter 129, 
*article 1, section 11, the effective date.

  120B.38 Repealed, 1998 c 398 art 6 s 38 

     120B.39 Uniform forms for state examinations; 
  commissioner.  

    Upon the request of any superintendent of any public or 
 private school teaching high school courses in the state, the 
 commissioner shall designate or prepare uniform forms for state 
 examinations in each high school subject during the month of May 
 of each year; the request shall be in writing and delivered to 
 the commissioner before January 1 of that year. 

    HIST: Ex1959 c 71 art 2 s 16; 1969 c 1129 art 8 s 16; 1977 c 
 305 s 41; 1978 c 764 s 8; 1983 c 150 s 1; 1992 c 499 art 8 s 1; 
 1993 c 224 art 9 s 16,17; 1Sp1995 c 3 art 16 s 13; 1998 c 397 
 art 4 s 51; 1998 c 398 art 6 s 4-12