1.1                          A bill for an act 
  1.2             relating to education; delaying student progress to 
  1.3             next grade level for absence from school and 
  1.4             performance below grade level; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 120B. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [120B.123] [STUDENT ACADEMIC PROGRESS.] 
  1.8      Subdivision 1.  [STUDENT RETENTION AND PROMOTION; 
  1.9   DIFFERENTIATED INSTRUCTION.] (a) A public school under section 
  1.10  120A.05, subdivision 9, or a charter school enrolling students 
  1.11  in any grade kindergarten through grade 6, must provide a 
  1.12  student with differentiated instruction in the next school year 
  1.13  or not promote a student to the next grade level when the 
  1.14  student in the current school year: 
  1.15     (1) was enrolled in school for at least 120 days and was 
  1.16  absent more than 20 percent of the class time during those days; 
  1.17     (2) achieved below grade level test scores on highly 
  1.18  reliable statewide or districtwide assessments; and 
  1.19     (3) based on the school's determination, did not master the 
  1.20  academic skills needed to succeed in the next grade. 
  1.21     The obligation to provide differentiated instruction 
  1.22  applies whether or not the student is retained in the same grade 
  1.23  or promoted.  
  1.24     (b) "Differentiated instruction" means an instructional 
  1.25  framework that allows classroom teachers to blend whole-class, 
  2.1   group, and individual instruction to best meet the individual 
  2.2   and diverse needs of the students in the classroom.  A school 
  2.3   district or charter school must determine the scope of the 
  2.4   differentiated instruction.  
  2.5      Subd. 2.  [APPEAL OF DECISIONS TO RETAIN A STUDENT.] The 
  2.6   school principal or other appropriate administrator in a school 
  2.7   or charter school must provide timely written notice to a 
  2.8   student and the student's parent or guardian of a decision to 
  2.9   retain a student in the same grade during the next school year.  
  2.10  The student's parent or guardian has 15 days from the date of 
  2.11  receiving the notice to submit a written appeal of that decision 
  2.12  to the school superintendent or charter school director and must 
  2.13  list the reasons for the appeal.  The school superintendent or 
  2.14  charter school director must provide timely written notice to 
  2.15  the student's parent or guardian of the school administrator's 
  2.16  decision regarding the appeal, which shall be a final decision.  
  2.17     Subd. 3.  [EXEMPTION.] A student with an individual 
  2.18  education plan under sections 125A.05 and 125A.06, and a pupil 
  2.19  of limited English proficiency under section 124D.59, 
  2.20  subdivision 2, are exempt from this section. 
  2.21     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
  2.22  2004-2005 school year and later.