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HF 119

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 01:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; modifying requirements for reading proficiency and literacy
incentive aid; requiring a report; amending Minnesota Statutes 2018, sections
120B.12, subdivisions 2a, 3, by adding subdivisions; 122A.185, subdivision 1;
124D.98, subdivisions 2, 3, as amended, by adding subdivisions; Minnesota Statutes
2019 Supplement, section 120B.12, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 120B; 122A.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 120B.12, subdivision 2, is amended
to read:


Subd. 2.

Identification; report.

(a) Each school district must deleted text beginidentify before the end of
kindergarten, grade 1, and grade 2 all students who are not reading at grade level
deleted text endnew text begin assess the
reading skills of a student in kindergarten through grade 3 at the beginning, middle, and
end of the school year; identify students not reading at grade level; and use the assessments
to recommend appropriate interventions for students not reading at grade level
new text end. Students
identified as not reading at grade level by the end of kindergarten, grade 1, and grade 2 must
be screened, in a locally determined manner, for characteristics of dyslexia.

(b) Students in grade 3 or higher who demonstrate a reading difficulty to a classroom
teacher must be screened, in a locally determined manner, for characteristics of dyslexia,
unless a different reason for the reading difficulty has been identified.

(c) Reading assessments in English, and in the predominant languages of district students
where practicable, must identify and evaluate students' areas of academic need related to
literacy. The district also must monitor the progress and provide reading instruction
appropriate to the specific needs of English learners. The district must use a locally adopted,
developmentally appropriate, and culturally responsive assessment and annually report
summary assessment results to the commissioner by July 1.

(d) The district also must annually report to the commissioner by July 1 a summary of
the district's efforts to screen and identify students with:

(1) dyslexia, using screening tools such as those recommended by the department's
dyslexia specialist; or

(2) convergence insufficiency disorder.

(e) A student identified under this subdivision must be provided with alternate instruction
under section 125A.56, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120B.12, subdivision 2a, is amended to read:


Subd. 2a.

Parent notification and involvement.

new text begin(a) Within two weeks of assessing a
student's reading skills under subdivision 2, paragraph (a),
new text endschoolsdeleted text begin, at least annually,deleted text end must
give the parent of each student who is not reading at or above grade level timely information
about:

(1) the student's reading proficiency as measured by a locally adopted assessment;

(2) reading-related services currently being provided to the student and the student's
progress; and

(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.

new text begin (b) new text endA district may not use this section to deny a student's right to a special education
evaluation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, section 120B.12, subdivision 3, is amended to read:


Subd. 3.

Intervention.

(a) For each student identified under subdivision 2, the district
deleted text begin shalldeleted text endnew text begin mustnew text end provide new text beginintensive new text endreading new text begininstruction and new text endintervention to accelerate student growth
and reach the goal of reading at or above grade level by the end of the current grade and
school year. If a student does not read at or above grade level by the end of grade 3, the
district must continue to provide reading intervention until the student reads at grade level.
District intervention methods deleted text beginshalldeleted text endnew text begin mustnew text end encourage family engagement and, where possible,
collaboration with appropriate school and community programs. Intervention methods may
include, but are not limited to, requiring attendance in summer school, intensified reading
instruction that may require that the student be removed from the regular classroom for part
of the school day, extended-day programs, or programs that strengthen students' cultural
connections.new text begin A school district may contract with an accredited literacy specialist to provide
intervention services.
new text end

(b) A school district or charter school deleted text beginis strongly encouraged todeleted text endnew text begin mustnew text end provide a personal
learning plan for a student who is unable to demonstrate grade-level proficiency, as measured
by the statewide reading assessment deleted text beginin grade 3deleted text end. The district or charter school must determine
the format of the personal learning plan in collaboration with the student's educators and
other appropriate professionals. The school must develop the learning plan in consultation
with the student's parent or guardian. The personal learning plan must address knowledge
gaps and skill deficiencies through strategies such as specific exercises and practices during
and outside of the regular school day, periodic assessments, and reasonable timelines. The
personal learning plan new text beginfor a student in kindergarten, grade 1, or grade 2 new text endmay include grade
retention, if it is in the student's best interest. A school must maintain and regularly update
and modify the personal learning plan until the student reads at grade level. This paragraph
does not apply to a student under an individualized education program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 120B.12, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Approved reading curricula. new text end

new text begin The commissioner of education must adopt a
list of approved scientific research-based reading curricula for students in kindergarten
through grade 3. The commissioner may reduce the literacy incentive aid of a district that
does not use an approved curriculum starting in the 2021-2022 school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 120B.12, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Reporting. new text end

new text begin (a) By September 1 of each year, a school district must submit a
report, in the format determined by the commissioner, to the commissioner and publish the
report on the district website. The report must include the following information relating
to the preceding school year:
new text end

new text begin (1) the district's policies relating to grade retention and promotion;
new text end

new text begin (2) the number and percentage of all students, by grade, performing at each level of
achievement on the reading and math Minnesota Comprehensive Assessments, the number
and percentage of students given an approved alternative standardized reading assessment,
and the percentage of students performing at each achievement level on the alternative
standardized reading assessment;
new text end

new text begin (3) the number and percentage of all students, by grade, retained in kindergarten through
grade 8; and
new text end

new text begin (4) any revisions to the school board's policy on student retention and promotion from
the prior school year.
new text end

new text begin (b) The commissioner must annually compile the information reported by districts under
paragraph (a), including state-level summary information, and report the information to the
chairs and ranking minority members of the legislative committees with jurisdiction over
education. The commissioner must also publish the information on the department's website.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 6.

new text begin [120B.121] SCHOOL RECOGNITION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner must establish a school recognition
fund program to award school sites that provide scientific research-based reading instruction
and improve the reading skills of students in kindergarten through grade 3. The program
must award school sites whose students make demonstrable improvement in reading skills
with up to $100 per pupil, depending on the availability of funds appropriated and the
number and size of schools selected to receive the recognition award funds.
new text end

new text begin Subd. 2. new text end

new text begin Use of funds. new text end

new text begin (a) A school site must establish a staff advisory council to
determine how to use funds awarded under this section. A school site may use recognition
award funds for:
new text end

new text begin (1) nonrecurring bonuses to the teachers and other staff;
new text end

new text begin (2) nonrecurring expenses for educational equipment or materials to assist in maintaining
or improving student performance; or
new text end

new text begin (3) temporary personnel for the school to assist in maintaining and improving student
performance.
new text end

new text begin (b) If the staff advisory council cannot reach agreement by February 1, the award funds
must be equally distributed to all classroom teachers currently teaching in the school.
new text end

new text begin (c) Notwithstanding any law to the contrary, incentive awards for the school recognition
program are not subject to collective bargaining.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 7.

Minnesota Statutes 2018, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

(a) The Professional Educator Licensing and Standards Board
must adopt rules requiring a candidate to demonstrate a passing score on a board-adopted
examination of skills in reading, writing, and mathematics before being granted a Tier 4
teaching license under section 122A.184 to provide direct instruction to pupils in elementary,
secondary, or special education programs. Candidates may obtain a Tier 1, Tier 2, or Tier
3 license to provide direct instruction to pupils in elementary, secondary, or special education
programs if candidates meet the other requirements in section 122A.181, 122A.182, or
122A.183, respectively.

(b) The board must adopt rules requiring candidates for Tier 3 and Tier 4 licenses to
pass an examination of general pedagogical knowledge and examinations of licensure field
specific content. The content examination requirement does not apply if no relevant content
exam exists.

(c) Candidates for initial Tier 3 and Tier 4 licenses to teach elementary students must
pass test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, knowledge
and understanding of the foundations of reading development, development of reading
comprehension and reading assessment and instruction, and the ability to integrate that
knowledge and understanding into instruction strategies under section 122A.06, subdivision
4.

(d) The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.

new text begin (e) The board must adopt rules establishing a reading endorsement for kindergarten
through grade 3 teachers. The rules must require a candidate to demonstrate a passing score
on a board-adopted examination of skills in comprehensive, scientific research-based reading
instruction to earn an endorsement. The board may adopt rules providing candidates an
alternate way to earn an endorsement. The board must require a candidate applying after
July 1, 2022, for a license to teach kindergarten through grade 3 to qualify for a reading
endorsement as a condition of licensure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 8.

new text begin [122A.77] SUMMER TEACHER TRAINING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Professional Educator Licensing and Standards
Board and commissioner of education must collaborate to establish a five-day professional
development training program for kindergarten through grade 3 teachers in June, July, or
August of each year. The training program must provide instruction in comprehensive
scientific research-based reading instruction techniques and curriculum and must provide
participating teachers an opportunity to practice skills developed in the training.
new text end

new text begin Subd. 2. new text end

new text begin Teacher participation. new text end

new text begin A teacher who participates in the summer professional
development training program must receive compensation from the employing school
district. A district must not require that a teacher participate in the training program as a
term or condition of employment. Neither participation in the training program or
compensation for participation are subject to collective bargaining.
new text end

new text begin Subd. 3. new text end

new text begin District participation. new text end

new text begin The Department of Education must assign a reading
coach to a school district that employs one or more teachers who participate in the summer
professional development training program. The reading coach must work with participating
teachers during the following school year to further develop teachers' skills, improve
instruction techniques, and answer teacher questions about skills developed in the training.
new text end

Sec. 9.

Minnesota Statutes 2018, section 124D.98, subdivision 2, is amended to read:


Subd. 2.

Proficiency aid.

The proficiency aid for each school in a district that has
submitted to the commissioner its local literacy plan under section 120B.12, subdivision
4a
, is equal to the product of the school's proficiency allowance times the number of deleted text beginthird
grade
deleted text end pupils new text beginenrolled in grade 3 new text endat the school on October 1 of the previous fiscal year. A
school's proficiency allowance is equal to the percentage of students in each building that
meet or exceed proficiency on the deleted text beginthirddeleted text end grade new text begin3 new text endreading Minnesota Comprehensive
Assessment, averaged across the previous three test administrations, times $530.

Sec. 10.

Minnesota Statutes 2018, section 124D.98, subdivision 3, as amended by Laws
2020, chapter 83, article 1, section 31, is amended to read:


Subd. 3.

Growth aid.

The growth aid for each school in a district that has submitted to
the commissioner its local literacy plan under section 120B.12, subdivision 4a, is equal to
the product of the school's growth allowance times the number of deleted text beginfourth gradedeleted text end pupils enrolled
new text begin in grade 4 new text endat the school on October 1 of the previous fiscal year. A school's growth allowance
is equal to the percentage of students at that school making medium or high growth, under
subdivision 4, on the deleted text beginfourthdeleted text end grade new text begin4 new text endreading Minnesota Comprehensive Assessment, averaged
across the previous three test administrations, times $530.

Sec. 11.

Minnesota Statutes 2018, section 124D.98, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Revenue uses. new text end

new text begin A school district must use literacy aid received under this section
for:
new text end

new text begin (1) developing and implementing the district's local literacy plan under section 120B.12;
new text end

new text begin (2) assessing students' reading skills;
new text end

new text begin (3) providing intensive reading instruction and intervention to students;
new text end

new text begin (4) contracting with literacy specialists;
new text end

new text begin (5) staff development focused on reading instruction for reading specialists, teachers,
and other staff providing direct reading instruction to students as provided under section
120B.12, subdivision 4;
new text end

new text begin (6) paying program costs and compensation for teachers attending a summer teacher
training program, including the summer professional development training program offered
under section 122A.77; and
new text end

new text begin (7) paying costs for the school recognition program under section 120B.121.
new text end

Sec. 12.

Minnesota Statutes 2018, section 124D.98, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Revenue distribution among eligible uses. new text end

new text begin To the extent practicable, a school
district's literacy incentive aid received under this section must be used for the purposes
listed in subdivision 5 consistent with the guidelines of the district's local literacy plan under
section 120B.12, subdivision 4a.
new text end