HF 1392

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 04:55pm

A bill for an act
relating to education; modifying certain student assessment provisions; reducing
the number of required state tests; amending Minnesota Statutes 2014, sections
120B.02, subdivision 2; 120B.11, subdivision 1a; 120B.30, subdivisions 1, 1a;
Laws 2013, chapter 116, article 2, section 20, subdivision 3; repealing Minnesota
Statutes 2014, section 120B.128.

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 deleted text begin on a nationally normed college entrance exam deleted text end new text begin as required under section
120B.30, subdivision 1, paragraph (c), clause (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 and applies to students entering grade
9 in the 2015-2016 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 120B.11, subdivision 1a, is amended to read:

Subd. 1a.

Performance measures.

Measures to determine school district and
school site progress in striving to create the world's best workforce must include at least:

(1) student performance on the National Assessment of Education Progress where
applicable;

(2) the size of the academic achievement gap, rigorous course taking under section
120B.35, subdivision 3, paragraph (c), clause (2), and enrichment experiences by student
subgroup;

(3) student performance on the Minnesota Comprehensive Assessments new text begin including
attainment of readiness scores identified under section 120B.30, subdivision 1, paragraph
(j) new text end ;

(4) high school graduation rates; and

(5) career and college readiness under section 120B.30, subdivision 1 new text begin , paragraph (p) new text end .

Sec. 3.

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

Subdivision 1.

Statewide testing.

(a) 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 . deleted text begin 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. deleted text end
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.

(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, deleted text begin or deleted text end (v)
a nationally recognized armed services vocational aptitude test new text begin , or (vi) the high school
assessments required under subdivision 1a new text end .

(2) Students enrolled in grade 8 in the 2010-2011 or 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, deleted text begin or deleted text end (v)
a nationally recognized armed services vocational aptitude test new text begin , or (vi) the high school
assessments required under subdivision 1a new text end .

new text begin (3) Students enrolled in grade 8 in the 2012-2013 or 2013-2014 school year are
eligible to be assessed under the ACT assessment for college admission or the high school
assessments required under subdivision 1a.
new text end

deleted text begin (3) deleted text end new text begin (4) new text end For students under clause (1) deleted text begin or deleted text end new text begin , new text end (2) new text begin , or (3) new text end , a school district may substitute
a score from an alternative, equivalent assessment to satisfy the requirements of this
paragraph.

(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) For students enrolled in grade 8 in the deleted text begin 2012-2013 deleted text end new text begin 2014-2015 new text end school year
and later, students' state graduation requirements, based on a longitudinal, systematic
approach to student education and career planning, assessment, instructional support, and
evaluation, include the following:

(1) demonstrate understanding of required academic standards on deleted text begin a nationally
normed college entrance exam deleted text end new text begin high school assessments required under subdivision 1a new text end ;

(2) achievement and career and college readiness deleted text begin tests deleted text end in mathematics, reading, and
writing, consistent with paragraph deleted text begin (e) deleted text end new text begin (j) new text end 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

(3) consistent with this paragraph and section 120B.125, 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.

new text begin (d) new text end 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 under new text begin paragraph (c), new text end clause (2) new text begin , new 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. deleted text begin Students are not required to achieve a specified score or level of proficiency on
an assessment under this subdivision to graduate from high school.
deleted text end

deleted text begin (d) 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. deleted text end

deleted text begin This deleted text end new text begin (e) A new text end nationally recognized assessment deleted text begin must be deleted text end new text begin that is new text end a college entrance exam
deleted text begin and given deleted text end new text begin must be offered new text end to students new text begin at no cost new text end in grade 11 new text begin or 12 new text end . deleted text begin This series of assessments
must include a college placement diagnostic exam and contain career exploration elements.
deleted text end

new text begin (f) new 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.

deleted text begin (1) deleted text end new text begin (g) new text end Districts and schools, on an annual basis, must use deleted text begin the deleted text end 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 (h) 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, on deleted text begin these deleted text end new text begin high school new text end assessments new text begin under subdivision 1a
new 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 (i) 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

deleted text begin (e) deleted text end new text begin (j) new text end 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. new text begin The chancellor
of the Minnesota State Colleges and Universities, in consultation with the commissioner
of education, shall identify the minimum scores on the high school reading, writing, and
mathematics Minnesota Comprehensive Assessments that demonstrate readiness for:
new text end

new text begin (1) a certificate level program;
new text end

new text begin (2) a two-year college program; and
new text end

new text begin (3) a four-year college program.
new text end

deleted text begin (f) deleted text end new text begin (k) new text end 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, and for other students as soon as practicable.

deleted text begin (g) deleted text end new text begin (l) new text end 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.

deleted text begin (h) deleted text end new text begin (m) new text end The 3rd through deleted text begin 7th deleted text end new text begin 8th new text end grade computer-adaptive assessment results deleted text begin and grade
8 deleted text end 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 deleted text begin 7 deleted text end new text begin 8 new text end that reveal a trajectory toward career and
college readiness. The commissioner must disseminate to the public the computer-adaptive
assessments deleted text begin , grade 8, deleted text end and high school test results upon receiving those results.

deleted text begin (i) deleted text end new text begin (n) new text end The grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end computer-adaptive assessments deleted text begin and grade 8 deleted text end 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.

deleted text begin (j) deleted text end new text begin (o) new text end 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 deleted text begin 7 deleted text end new text begin 8 new text end and testing at the deleted text begin grade 8 and deleted text end 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.

deleted text begin (k) deleted text end new text begin (p) new text end 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.

deleted text begin (l) deleted text end new text begin (q) new text end 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.30, subdivision 1a, is amended to read:

Subd. 1a.

Statewide and local assessments; results.

(a) For purposes of this
section, the following definitions have the meanings given them.

(1) "Computer-adaptive assessments" means fully adaptive assessments.

(2) "Fully adaptive assessments" include test items that are on-grade level and items
that may be above or below a student's grade level.

(3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.

(4) "Above-grade level" test items contain subject area content that is above the
grade level of the student taking the assessment and is considered aligned with state
academic standards to the extent it is aligned with content represented in state academic
standards above the grade level of the student taking the assessment. Notwithstanding
the student's grade level, administering above-grade level test items to a student does not
violate the requirement that state assessments must be aligned with state standards.

(5) "Below-grade level" test items contain subject area content that is below the
grade level of the student taking the test and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
below the student's current grade level. Notwithstanding the student's grade level,
administering below-grade level test items to a student does not violate the requirement
that state assessments must be aligned with state standards.

(b) The commissioner must use fully adaptive mathematics and reading assessments
for grades 3 through deleted text begin 7 beginning in the 2015-2016 school year and later deleted text end new text begin 8 new text end .

(c) For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end , state-developed deleted text begin grade 8 and deleted text end high
school reading new text begin , writing, new text end and mathematics tests aligned with state academic standards, and
science assessments under clause (2) that districts and sites must use to monitor student
growth toward achieving those standards. The commissioner must not develop statewide
assessments for academic standards in social studies, health and physical education, and
the arts. The commissioner must require:

(1) annual computer-adaptive reading and mathematics assessments in grades 3
through deleted text begin 7 deleted text end new text begin 8 new text end , and deleted text begin grade 8 and deleted text end high school reading new text begin , writing, new text end and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the commissioner must not require students to achieve a passing score on high school
science assessments as a condition of receiving a high school diploma.

(d) The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available
within three school days of when students take an assessment except in a year when an
assessment reflects new performance standards;

(2) growth information is available for each student from the student's first
assessment to each proximate assessment using a constant measurement scale;

(3) parents, teachers, and school administrators are able to use elementary and
middle school student performance data to project students' secondary and postsecondary
achievement; and

(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.

(e) The commissioner must ensure that all state tests administered to elementary and
secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(f) Reporting of state assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include a growth indicator of student achievement; and

(3) determine whether students have met the state's academic standards.

(g) Consistent with applicable federal law, the commissioner must include
appropriate, technically sound accommodations or alternative assessments for the very
few students with disabilities for whom statewide assessments are inappropriate and
for English learners.

(h) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
progress toward career and college readiness in the context of the state's academic
standards. A school, school district, or charter school may use a student's performance
on a statewide assessment as one of multiple criteria to determine grade promotion or
retention. A school, school district, or charter school may use a high school student's
performance on a statewide assessment as a percentage of the student's final grade in a
course, or place a student's assessment score on the student's transcript.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 5.

Laws 2013, chapter 116, article 2, section 20, subdivision 3, is amended to read:

Subd. 3.

Educational planning and assessment system (EPAS) program.

For
the educational planning and assessment system program under Minnesota Statutes,
section 120B.128:

	$	829,000	.....	2014
	$	0	.....	2015

Any balance in the first year does not cancel but is available deleted text begin in the second year deleted text end new text begin
through the 2020 fiscal year new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 120B.128, new text end new text begin is repealed.
new text end