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.  [GRADE PROMOTION.] A public school must 
  1.9   provide a student with differentiated instruction in the 
  1.10  subsequent grade level or not promote a student to the next 
  1.11  grade level when: 
  1.12     (1) the student was enrolled for at least 120 days and has 
  1.13  been absent from school for more than 20 percent of the class 
  1.14  time for that period; 
  1.15     (2) the student is achieving below grade level as evidenced 
  1.16  by low test scores on highly reliable statewide assessments or 
  1.17  districtwide assessments; and 
  1.18     (3) the student's school determines the student has not 
  1.19  mastered the necessary academic skills to be likely to succeed 
  1.20  in the next grade.  
  1.21     Subd. 2.  [NOTICE; APPEAL.] The school must notify in 
  1.22  writing the student and the student's parent or guardian that 
  1.23  the student will either receive differentiated instruction in 
  1.24  the subsequent grade level or not be promoted a grade level for 
  1.25  the next school year.  A student or the student's parent or 
  2.1   guardian has 15 calendar days from the date of receipt of the 
  2.2   notice to request in writing a hearing before the public school 
  2.3   principal.  The principal must conduct the hearing within 15 
  2.4   calendar days from the date of receipt of the notice.  The 
  2.5   principal must make a decision in writing within five calendar 
  2.6   days of the date of the hearing.  The student or the student's 
  2.7   parent or guardian may appeal in writing the principal's 
  2.8   decision to the school district's school board within 15 
  2.9   calendar days of receipt of the principal's decision.  The 
  2.10  school board must conduct a hearing to review the principal's 
  2.11  decision within 15 calendar days of receipt of the notice of 
  2.12  appeal.  The school board must make a decision in writing within 
  2.13  five calendar days of the date of the hearing.  The decision of 
  2.14  the school board is final.  
  2.15     Subd. 3.  [EXEMPTION.] A student with an individual 
  2.16  education plan under sections 125A.05 and 125A.06 is exempt from 
  2.17  this section. 
  2.18     Subd. 4.  [REPORT.] A school district must report by July 1 
  2.19  each year to the commissioner of education the number and grade 
  2.20  levels of students who will receive differentiated instruction 
  2.21  and students who are not promoted to the next grade level under 
  2.22  this section. 
  2.23     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
  2.24  2004-2005 school year and later.