HF 1270

as introduced - 89th Legislature (2015 - 2016) Posted on 02/26/2015 01:21pm

A bill for an act
relating to education; requiring public high school students to take the Minnesota
comprehensive assessments in order to graduate; amending Minnesota Statutes
2014, sections 120B.02, subdivision 2; 120B.023, subdivision 1; 120B.30,
subdivision 1; 120B.35, subdivision 3; 120B.36, subdivision 1; 124D.861,
subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2014, section 120B.02, subdivision 2, is amended to read:

Subd. 2.

Graduation requirements.

To graduate from high school, students must
demonstrate to their enrolling school district or school their satisfactory completion of
the credit requirements under section 120B.024 and their understanding of academic
standards on deleted text begin a nationally normed college entrance exam deleted text end new text begin the graduation assessments under
section 120B.30, subdivision 1 new text end . A school district must adopt graduation requirements that
meet or exceed state graduation requirements established in law or rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 120B.023, subdivision 1, is amended to read:

Subdivision 1.

Benchmarks implement, supplement statewide academic
standards.

(a) The commissioner must supplement required state academic standards
with grade-level benchmarks. High school career and college-ready benchmarks may
cover more than one grade. Schools must offer and students must achieve all benchmarks
for an academic standard to satisfactorily complete that state standard.

(b) The commissioner shall publish benchmarks in the State Register and transmit
the benchmarks in any other manner that informs and guides parents, teachers, school
districts, and other interested persons and makes them accessible to the general public. The
commissioner must deleted text begin use deleted text end new text begin support incorporating career and college readiness new text end benchmarks
in deleted text begin developing career and college readiness deleted text end new text begin summative and normative new text end assessments deleted text begin under
section 120B.30 deleted text end . 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 section 120B.021,
subdivision 4.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 120B.30, subdivision 1, is amended to read:

Subdivision 1.

Statewide testing.

(a) new text begin (1) new text end 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 as computer-adaptive
reading and mathematics assessments for students that are aligned with the state's required
academic standards under section 120B.021, include multiple choice questions, and are
administered annually to all students in grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end . Reading and mathematics
assessments for all students in grade 8 must be aligned with the state's required reading and
mathematics standards, be administered annually, and include multiple choice questions.
State-developed high school tests aligned with the state's required academic standards
under section 120B.021 and administered to all high school students in a subject other than
writing must include multiple choice questions. The commissioner shall establish one or
more months during which schools shall administer the tests to students each school year.

deleted text begin (1) Students enrolled in grade 8 through the 2009-2010 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii)
the Compass college placement test, (iv) the ACT assessment for college admission, or (v)
a nationally recognized armed services vocational aptitude test.
deleted text end

(2) Students enrolled in grade 8 in the deleted text begin 2010-2011 or deleted text end 2011-2012 school year are
eligible to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision
1, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the
Compass college placement test, (iv) the ACT assessment for college admission, or (v) a
nationally recognized armed services vocational aptitude test. new text begin Students enrolled in grade
8 in the 2012-2013 school year or a later school year fulfill their state graduation test
requirements under section 120B.02, subdivision 2, by taking Minnesota comprehensive
assessments in grade 9 for writing, grade 10 for reading, and grade 11 for mathematics.
new text end

deleted text begin (3) For students under clause (1) or (2), a school district may substitute a score from
an alternative, equivalent assessment to satisfy the requirements of this paragraph.
deleted text end

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) deleted text begin For deleted text end Students enrolled in grade 8 in the 2012-2013 school year and later deleted text begin , students'
state graduation requirements, based on a longitudinal, systematic approach to student
education and career planning, assessment, instructional support, and evaluation, include
the following deleted text end new text begin must new text end :

(1) demonstrate understanding of required academic standards deleted text begin on a nationally
normed college entrance exam deleted text end new text begin and benchmarks new text end ; new text begin and
new text end

deleted text begin (2) achievement and career and college readiness tests in mathematics, reading, and
writing, consistent with paragraph (e) and to the extent available, to monitor students'
continuous development of and growth in requisite knowledge and skills; analyze
students' progress and performance levels, identifying students' academic strengths and
diagnosing areas where students require curriculum or instructional adjustments, targeted
interventions, or remediation; and, based on analysis of students' progress and performance
data, determine students' learning and instructional needs and the instructional tools and
best practices that support academic rigor for the student; and
deleted text end

deleted text begin (3) consistent with this paragraph and section 120B.125, deleted text end new text begin (2) participate in new text end
age-appropriate exploration and planning activities and career assessments to encourage
students to identify personally relevant career interests and aptitudes and help students and
their families develop a regularly reexamined transition plan for postsecondary education
or employment without need for postsecondary remediation.

Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.

Expectations of schools, districts, and the state for career or college readiness under
this subdivision must be comparable in rigor, clarity of purpose, and rates of student
completion. A student deleted text begin under clause (2) deleted text end must receive targeted, relevant, academically
rigorous, and resourced instruction, which may include a targeted instruction and
intervention plan focused on improving the student's knowledge and skills in core subjects
so that the student has a reasonable chance to succeed in a career or college without need
for postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091,
124D.49, and related sections, an enrolling school or district must actively encourage a
student in grade 11 or 12 who is identified as academically ready for a career or college
to participate in courses and programs awarding college credit to high school students.
Students are not required to achieve a specified score or level of proficiency on an
assessment under this subdivision to graduate from high school.

(d) deleted text begin To improve the secondary and postsecondary outcomes of all students, the
alignment between secondary and postsecondary education programs and Minnesota's
workforce needs, and the efficiency and cost-effectiveness of secondary and postsecondary
programs, the commissioner, after consulting with the chancellor of the Minnesota State
Colleges and Universities and using a request for proposal process, shall contract for
a series of assessments that are consistent with this subdivision, aligned with state
academic standards, and include career and college readiness benchmarks. Mathematics,
reading, and writing assessments for students in grades 8 and 10 must be predictive of a
nationally normed assessment for career and college readiness. This nationally recognized
assessment must be a college entrance exam and given to students in grade 11. This
series of assessments must include a college placement diagnostic exam and contain
career exploration elements. deleted text end The commissioner and the chancellor of the Minnesota
State Colleges and Universities must collaborate in aligning instruction and assessments
for adult basic education students and English learners to provide the students with
diagnostic information about any targeted interventions, accommodations, modifications,
and supports they need so that assessments and other performance measures are accessible
to them and they may seek postsecondary education or employment without need for
postsecondary remediation. When administering formative or summative assessments
used to measure the academic progress, including the oral academic development, of
English learners and inform their instruction, schools must ensure that the assessments are
accessible to the students and students have the modifications and supports they need to
sufficiently understand the assessments.

(1) Districts and schools, on an annual basis, must use the career exploration
elements deleted text begin in these assessments deleted text end to help students, beginning no later than grade 9, and their
families explore and plan for postsecondary education or careers based on the students'
interests, aptitudes, and aspirations. Districts and schools must use timely regional labor
market information and partnerships, among other resources, to help students and their
families successfully develop, pursue, review, and revise an individualized plan for
postsecondary education or a career. This process must help increase students' engagement
in and connection to school, improve students' knowledge and skills, and deepen students'
understanding of career pathways as a sequence of academic and career courses that lead
to an industry-recognized credential, an associate's degree, or a bachelor's degree and are
available to all students, whatever their interests and career goals.

deleted text begin (2) Students in grade 10 or 11 not yet academically ready for a career or college based
on their growth in academic achievement between grades 8 and 10 must take the college
placement diagnostic exam before taking the college entrance exam under clause (3).
Students, their families, the school, and the district can then use the results of the college
placement diagnostic exam for targeted instruction, intervention, or remediation and
improve students' knowledge and skills in core subjects sufficient for a student to graduate
and have a reasonable chance to succeed in a career or college without remediation.
deleted text end

deleted text begin (3) All students except those eligible for alternative assessments must be given the
college entrance part of these assessments in grade 11. deleted text end new text begin (2) new text end A student deleted text begin under this clause deleted text end who
demonstrates attainment of required state academic standards, which include career and
college readiness benchmarks, deleted text begin on these assessments deleted text end is academically ready for a career or
college and is encouraged to participate in courses awarding college credit to high school
students. Such courses and programs may include sequential courses of study within
broad career areas and technical skill assessments that extend beyond course grades.

deleted text begin (4) deleted text end new text begin (3) new text end As appropriate, students through grade 12 must continue to participate in
targeted instruction, intervention, or remediation and be encouraged to participate in
courses awarding college credit to high school students.

deleted text begin (5) A study to determine the alignment between these assessments and state
academic standards under this chapter must be conducted. Where alignment exists, the
commissioner must seek federal approval to, and immediately upon receiving approval,
replace the federally required assessments referenced under subdivision 1a and section
120B.35, subdivision 2, with assessments under this paragraph.
deleted text end

(e) In developing, supporting, and improving students' academic readiness for a
career or college, schools, districts, and the state must have a continuum of empirically
derived, clearly defined benchmarks focused on students' attainment of knowledge and
skills so that students, their parents, and teachers know how well students must perform to
have a reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner, in consultation with local school officials and educators,
and Minnesota's public postsecondary institutions must ensure that the foundational
knowledge and skills for students' successful performance in postsecondary employment
or education and an articulated series of possible targeted interventions are clearly
identified and satisfy Minnesota's postsecondary admissions requirements.

(f) For students in grade 8 in the 2012-2013 school year and later, a school, district,
or charter school must record on the high school transcript a student's progress toward
career and college readiness deleted text begin , and for other students as soon as practicable deleted text end .

(g) The school board granting students their diplomas may formally decide to
include a notation of high achievement on the high school diplomas of those graduating
seniors who, according to established school board criteria, demonstrate exemplary
academic achievement during high school.

(h) The 3rd through 7th grade computer-adaptive assessment results and grade 8
and high school 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 establish empirically derived benchmarks on
adaptive assessments in grades 3 through 7 that reveal a trajectory toward career and
college readiness. The commissioner must disseminate to the public the computer-adaptive
assessments, grade 8, and high school test results upon receiving those results.

(i) The grades 3 through 7 computer-adaptive assessments and grade 8 and high
school tests must be aligned with state academic standards. The commissioner shall
determine the testing process and the order of administration. The statewide results shall
be aggregated at the site and district level, consistent with subdivision 1a.

(j) The commissioner shall include the following components in the statewide
public reporting system:

(1) uniform statewide computer-adaptive assessments of all students in grades 3
through 7 and testing at the grade 8 and high school levels that provides appropriate,
technically sound accommodations or alternate assessments;

(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) state results 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.

(k) For purposes of statewide accountability, "career and college ready" means a
high school graduate has the knowledge, skills, and competencies to successfully pursue a
career pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.

(l) For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability and will to interact effectively
with people of different cultures, native languages, and socioeconomic backgrounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 120B.35, subdivision 3, is amended to read:

Subd. 3.

State growth target; other state measures.

(a) The state's educational
assessment system measuring individual students' educational growth is based 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, in consultation with a stakeholder group that includes
assessment and evaluation directors, district staff, experts in culturally responsive teaching,
and researchers, must implement a model that uses a value-added growth indicator and
includes criteria for identifying schools and school districts that demonstrate medium and
high growth under section 120B.299, subdivisions 8 and 9, and may recommend other
value-added measures under section 120B.299, subdivision 3. The model may be used
to advance educators' professional development and replicate programs that succeed in
meeting students' diverse learning needs. Data on individual teachers generated under the
model are personnel data under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
growth data using the nine student categories identified under the federal 2001 No Child
Left Behind Act and two student gender categories of male and female, respectively,
following appropriate reporting practices to protect nonpublic student data.

The commissioner must report measures of student growth, consistent with this
paragraph, including the English language development, academic progress, and oral
academic development of English learners and their native language development if the
native language is used as a language of instruction.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent with
the core academic subjects required for admission to Minnesota's public colleges and
universities as determined by the Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively, following appropriate reporting practices to
protect nonpublic student data.

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school
safety and students' engagement and connection at school. The summary data under this
paragraph are separate from and must not be used for any purpose related to measuring
or evaluating the performance of classroom teachers. The commissioner, in consultation
with qualified experts on student engagement and connection and classroom teachers,
must identify highly reliable variables that generate summary data under this paragraph.
The summary data may be used at school, district, and state levels only. Any data on
individuals received, collected, or created that are used to generate the summary data
under this paragraph are nonpublic data under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the success of learning year program
providers under sections 123A.05 and 124D.68, among other such providers, in improving
students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually
report summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance
levels are meeting career and college readiness benchmarks under section deleted text begin 120B.30,
subdivision 1 deleted text end new text begin 120B.023 new text end ; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for
off-track students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of English
learners, must identify and report appropriate and effective measures to improve current
categories of language difficulty and assessments, and monitor and report data on students'
English proficiency levels, program placement, and academic language development,
including oral academic language.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance reports.

(a) The commissioner shall report
student academic performance under section 120B.35, subdivision 2; the percentages of
students showing low, medium, and high growth under section 120B.35, subdivision
3, paragraph (b); school safety and student engagement and connection under section
120B.35, subdivision 3, paragraph (d); rigorous coursework under section 120B.35,
subdivision 3, paragraph (c); the percentage of students under section 120B.35,
subdivision 3, paragraph (b), clause (2), whose progress and performance levels are
meeting career and college readiness benchmarks under sections deleted text begin 120B.30, subdivision 1 deleted text end new text begin
120B.023 new text end , and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of
eligible districts in reducing disparities in students' academic achievement and realizing
racial and economic integration under section 124D.861; the acquisition of English, and
where practicable, native language academic literacy, including oral academic language,
and the academic progress of English learners under section 124D.59, subdivisions 2 and
2a; two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;
staff characteristics excluding salaries; student enrollment demographics; district mobility;
and extracurricular activities. The report also must indicate a school's adequate yearly
progress status under applicable federal law, and must not set any designations applicable
to high- and low-performing schools due solely to adequate yearly progress status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance reports.

(c) The commissioner must make available performance reports by the beginning
of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance data are nonpublic data under section 13.02, subdivision 9,
until the commissioner publicly releases the data. The commissioner shall annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
shall post the school performance reports no later than October 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2014, section 124D.861, subdivision 1, is amended to read:

Subdivision 1.

Program to close the academic achievement and opportunity gap;
revenue uses.

(a) The "Achievement and Integration for Minnesota" program is established
to pursue racial and economic integration and increase student academic achievement,
create equitable educational opportunities, and reduce academic disparities based on
students' diverse racial, ethnic, and economic backgrounds in Minnesota public schools.

(b) For purposes of this section and section 124D.862, "eligible district" means a
district required to submit a plan to the commissioner under Minnesota Rules governing
school desegregation and integration, or be a member of a multidistrict integration
collaborative that files a plan with the commissioner.

(c) Eligible districts must use the revenue under section 124D.862 to pursue
academic achievement and racial and economic integration through: (1) integrated
learning environments that prepare all students to be effective citizens and enhance
social cohesion; (2) policies and curricula and trained instructors, administrators, school
counselors, and other advocates to support and enhance integrated learning environments
under this section, including through magnet schools, innovative, research-based
instruction, differentiated instruction, and targeted interventions to improve achievement;
and (3) rigorous career and college readiness programs for underserved student
populations deleted text begin , consistent with section 120B.30, subdivision 1 deleted text end ; integrated learning
environments to increase student academic achievement; cultural fluency, competency,
and interaction; graduation and educational attainment rates; and parent involvement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 7.

Minnesota Statutes 2014, section 124D.861, subdivision 3, is amended to read:

Subd. 3.

Public engagement; progress report and budget process.

(a) To
receive revenue under section 124D.862, the school board of an eligible district must
incorporate school and district plan components under section 120B.11 into the district's
comprehensive integration plan.

(b) A school board must hold at least one formal annual hearing to publicly report its
progress in realizing the goals identified in its plan. At the hearing, the board must provide
the public with longitudinal data demonstrating district and school progress in reducing
the disparities in student academic performance among the specified categories of students
and in realizing racial and economic integration, consistent with the district plan and the
measures in paragraph (a). At least 30 days before the formal hearing under this paragraph,
the board must post its plan, its preliminary analysis, relevant student performance data,
and other longitudinal data on the district's Web site. A district must hold one hearing to
meet the hearing requirements of both this section and section 120B.11.

(c) The district must submit a detailed budget to the commissioner by March 15 in
the year before it implements its plan. The commissioner must review, and approve or
disapprove the district's budget by June 1 of that year.

(d) The longitudinal data required under paragraph (a) must be based on student
growth and progress in reading and mathematics, as defined under section 120B.30,
subdivision 1, and student performance data and achievement reports from fully adaptive
reading and mathematics assessments for grades 3 through 7 beginning in the 2015-2016
school year under section 120B.30, subdivision 1a, and either (i) school enrollment
choices, (ii) the number of world language proficiency or high achievement certificates
awarded under section 120B.022, subdivision 1a, or the number of state bilingual and
multilingual seals issued under section 120B.022, subdivision 1b, or (iii) school safety
and students' engagement and connection at school under section 120B.35, subdivision 3,
paragraph (d). Additional longitudinal data may be based on: students' progress toward
new text begin achieving new text end career and college readiness new text begin benchmarks new text end under section deleted text begin 120B.30, subdivision
1 deleted text end new text begin 120B.023 new text end ; or rigorous coursework completed under section 120B.35, subdivision 3,
paragraph (c), clause (2).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end