1.1 	A bill for an act
1.2 	relating to education; providing condition for the
1.3 	continued implementation of No Child Left Behind;
1.4 	appropriating money; proposing coding for new law in
1.5 	Minnesota Statutes, chapter 127A.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [127A.095] IMPLEMENTATION OF NO CHILD LEFT
1.8 	BEHIND ACT.
1.9 		Subdivision 1.Continued implementation. The Department
1.10 	of Education shall continue to implement the federal No Child
1.11 	Left Behind Act, Public Law 107-110, without interruption until
1.12 	June 30, 2006.
1.13 		Subd. 2.No child left behind nullification. (a) The
1.14 	consolidated state plan submitted by the state to the federal
1.15 	Department of Education on implementing the No Child Left Behind
1.16 	Act, Public Law 107-110, and any other Minnesota state contract
1.17 	or agreement under the provisions of the No Child Left Behind
1.18 	Act, shall be nullified and revoked by the commissioner of
1.19 	education on July 1, 2006.
1.20 	(b) The commissioner shall report to the education funding
1.21 	divisions and the education policy committees of the house of
1.22 	representatives and the senate by April 1, 2006, whether the
1.23 	following conditions have been met:
1.24 	(1) the Department of Education has received approval from
1.25 	the federal Department of Education to allow the state to
2.1 	develop a plan using multiple measures including value-added
2.2 	measurement of student achievement in addition to relying on
2.3 	standardized test results to evaluate school and student
2.4 	performance for the purpose of determining adequate yearly
2.5 	progress;
2.6 	(2) the Department of Education has received approval from
2.7 	the federal Department of Education to allow the state to
2.8 	average three years of data for the purposes of identifying a
2.9 	school for improvement;
2.10 	(3) the Department of Education has developed a plan and
2.11 	model legislation to ensure that if an adequate yearly progress
2.12 	determination was made in error, that the error will not
2.13 	adversely affect the school's or school district's sanction
2.14 	status in subsequent years.  The Department of Education must
2.15 	have a policy in place to correct errors to accountability
2.16 	reports;
2.17 	(4) the Department of Education has reported the additional
2.18 	costs for state fiscal years 2006 to 2009 that the No Child Left
2.19 	Behind Act imposes on the state, the state's school districts,
2.20 	and charter schools that are in excess of costs associated with
2.21 	the Improving America's Schools Act of 1994, Public Law 103-382;
2.22 	(5) the Department of Education has received approval from
2.23 	the federal Department of Education to allow the state to use No
2.24 	Child Left Behind money to provide supplemental education
2.25 	services only in the academic subject area that causes a school
2.26 	to miss adequate yearly progress;
2.27 	(6) the Department of Education has received approval from
2.28 	the federal Department of Education to exclude from sanctions
2.29 	schools that have not made adequate yearly progress solely due
2.30 	to a subgroup of students with disabilities not testing at a
2.31 	proficient level;
2.32 	(7) the Department of Education has received approval from
2.33 	the federal Department of Education to exclude from sanctions a
2.34 	school that is classified as not having made adequate yearly
2.35 	progress solely due to different subgroups testing below
2.36 	proficient levels for at least two consecutive years;
3.1 	(8) the Department of Education has received approval from
3.2 	the federal Department of Education to identify a school as not
3.3 	making adequate yearly progress only after missing the adequate
3.4 	yearly progress targets in the same subject and subgroup for two
3.5 	consecutive years;
3.6 	(9) the Department of Education has received approval from
3.7 	the federal Department of Education to identify a district as in
3.8 	need of improvement only after missing the adequate yearly
3.9 	progress target in the same subject across multiple grade spans
3.10 	for two consecutive years;
3.11 	(10) the Department of Education has received approval from
3.12 	the federal Department of Education to limit the score of a
3.13 	student within multiple subgroups to the one subgroup that is
3.14 	the smallest subgroup in which that student is a part of when
3.15 	calculating adequate yearly progress;
3.16 	(11) the Department of Education has implemented a uniform
3.17 	financial reporting system for school districts to report costs
3.18 	related to implementing No Child Left Behind Act requirements,
3.19 	including the costs of complying with sanctions;
3.20 	(12) the Department of Education has received approval from
3.21 	the federal Department of Education to determine the percentage
3.22 	of the special education students that would be best educated
3.23 	based on out-of-level standards and tested accordingly based on
3.24 	an individual education plan; and 
3.25 	(13) the Department of Education has received approval from
3.26 	the federal Department of Education to determine when to hold
3.27 	schools accountable for including a student with limited English
3.28 	proficiency in adequate yearly progress calculations.
3.29 	(c) The state's continued implementation of the No Child
3.30 	Left Behind Act shall be discontinued effective July 1, 2006,
3.31 	unless the legislature passes a law during the 2006 regular
3.32 	legislative session establishing the legislature's satisfaction
3.33 	that the requirements under paragraph (b) have been met.
3.34 		Subd. 3.Department of finance certification. If the
3.35 	legislature does not pass a law authorizing continued
3.36 	implementation of the No Child Left Behind Act under subdivision
4.1 	2, paragraph (c), the commissioner of finance shall certify and
4.2 	report to the legislature beginning January 1, 2007, and each
4.3 	year thereafter the amount of federal revenue, if any, that has
4.4 	been withheld by the federal government as a result of the
4.5 	state's discontinued implementation of the No Child Left Behind
4.6 	Act.  The report shall also specify the intended purpose of the
4.7 	federal revenue and the amount of revenue withheld from the
4.8 	state, each school district, and each charter school in each
4.9 	fiscal year.
4.10 		Subd. 4.Annual contingent appropriation. For fiscal
4.11 	year 2007 and thereafter, an amount equal to the federal revenue
4.12 	withheld in the same fiscal year as a result of the state's
4.13 	discontinued implementation of the No Child Left Behind Act, as
4.14 	certified by the commissioner of finance under subdivision 3, is
4.15 	appropriated from the general fund to the commissioner of
4.16 	education.  The commissioner of education shall allocate the
4.17 	appropriation under this section according to the report from
4.18 	the commissioner of finance in subdivision 3.
4.19 	
EFFECTIVE DATE. This section is effective the day
4.20 	following final enactment.