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HF 1506

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 02:57pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for improved career and college readiness;
aligning high school graduation exams with college readiness; appropriating
money; amending Minnesota Statutes 2012, sections 120B.30, subdivisions 1,
1a, by adding a subdivision; 120B.35, subdivision 3; 124D.09, subdivision 13;
124D.091, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, 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 from and aligned with the state's
required academic standards under section 120B.021, include multiple choice questions,
new text begin.new text endand be administered annually to all students in grades 3 through deleted text begin8deleted text endnew text begin 7new text end. State-developed new text beginor
contracted
new text endhigh 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. For students enrolled in grade 8 before the 2005-2006 school yeardeleted text begin, Minnesota basic
skills tests in reading, mathematics, and writing shall fulfill students' basic skills testing
requirements for a passing state notation. The passing scores of basic skills tests in reading
and mathematics are the equivalent of 75 percent correct for students entering grade 9
based on the first uniform test administered in February 1998. Students
deleted text end who have not
successfully passed a Minnesota basic skills test by the end of the 2011-2012 school year
must pass the graduation-required assessments for diploma under paragraph (c), except that
for the 2012-2013 and 2013-2014 school years only, these students may satisfy the state's
graduation test requirement for math by complying with paragraph (d), clauses (1) and (3).

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

deleted text begin (1) mathematics;
deleted text end

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

deleted text begin (ii) high school level beginning in the 2013-2014 school year;
deleted text end

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

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

(c) For students enrolled in grade 8 in the 2005-2006 school year deleted text beginand laterdeleted text endnew text begin until, but
not including, the implementation school year under subdivision 1b, paragraph (f)
new text end, only
the following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process
on the state-identified language proficiency test in reading and the mathematics test for
English learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English learners;

(iii) achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an individualized
education program or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individualized education program; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individualized education program; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
learners;

(iii) achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an individualized
education program or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individualized education program.

(d) Students enrolled in grade 8 in any school year from the 2005-2006 school
year to the 2009-2010 school year who do not pass the mathematics graduation-required
assessment for diploma under paragraph (c) are eligible to receive a high school diploma
if they:

(1) complete with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the students their diploma;

(2) participate in district-prescribed academic remediation in mathematics; and

(3) fully participate in at least two retests of the mathematics GRAD test or until
they pass the mathematics GRAD test, whichever comes first. A school, district, or charter
school must place on the high school transcript a student's current pass status for each
subject that has a required graduation assessment.

In addition, the school board granting the 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.

(e) The 3rd through 8th grade 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
disseminate to the public the high school test results upon receiving those results.

(f) The 3rd through 8th grade 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.

(g) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for students entering grade 8 in
the implementation school year established in Minnesota Statutes, section 120B.30,
subdivision 1b, paragraph (f), and later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 120B.30, subdivision 1a, is amended to read:


Subd. 1a.

Statewide and local assessments; results.

(a) For purposes
of conforming with existing federal educational accountability requirements, the
commissioner must develop reading and mathematics assessments for grades 3 through deleted text begin8deleted text enddeleted text begin,
state-developed high school reading and mathematics tests aligned with state academic
standards,
deleted text endnew text begin 7new text end and new text beginannual new text endscience assessments deleted text beginunder clause (2)deleted text endnew text begin in one grade in the grades 3
through 5 span
new text end that districts and sites must use to monitor student growth toward achieving
those standards. new text beginThe commissioner shall contract for a series of reading, mathematics,
English, and science assessments for grades 8, 10, and 11 under subdivision 1b.
new text endThe
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 reading and mathematics assessments in grades 3 through 8, and high
school reading and mathematics testsnew text begin in grades 10 and 11new text end; and

(2) annual science assessments in one grade in the grades 3 through 5 span, deleted text beginthe 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
deleted text endnew text begin and grades 8, 10, and 11new text end.

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

(c) Reporting of 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 value-added growth indicator of student achievement under section
120B.35, subdivision 3, paragraph (b); and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

(d) Consistent with applicable federal law and subdivision 1, paragraph deleted text begin(d)deleted text endnew text begin (g)new text end,
clause (1), 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.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
proficiency in the context of the state's grade level academic standards. If a state
assessment is not available, a school, school district, and charter school must determine
locally if a student has met the required 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 students entering grade 8 in
the implementation school year established in Minnesota Statutes, section 120B.30,
subdivision 1b, paragraph (f), and later.
new text end

Sec. 3.

Minnesota Statutes 2012, section 120B.30, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin High school and college-ready assessments. new text end

new text begin (a) Using a solicitation
process that includes a request for proposal process, the commissioner shall contract for a
series of assessments that has the following features:
new text end

new text begin (1) is composed of assessments given in grades 8, 10, and 11;
new text end

new text begin (2) tests reading, mathematics, English, and science;
new text end

new text begin (3) includes a nationally recognized college entrance exam;
new text end

new text begin (4) includes a college placement diagnostic exam;
new text end

new text begin (5) includes career exploration elements;
new text end

new text begin (6) are predictive of college readiness;
new text end

new text begin (7) are also given in grade 12 and later, as needed; and
new text end

new text begin (8) have results accepted by postsecondary institutions for admission purposes.
new text end

new text begin (b) Upon contracting with an organization under paragraph (a), the commissioner
shall conduct an alignment study with the contractor's assessments to determine if there
are areas in the applicable academic standards under section 120B.021 that are not
adequately tested in the series. If there are areas of the standards not adequately tested, the
commissioner shall as part of the contract require supplemental items to test these areas.
new text end

new text begin (c) Upon contracting with an organization under paragraph (a), the commissioner
shall seek necessary waivers from federal accountability requirements to replace
assessments under subdivision 1a with the assessments under this subdivision.
new text end

new text begin (d) The chancellor of the Minnesota State Colleges and Universities or the
chancellor's designee shall, in consultation with the Department of Education, validate
(1) the minimum scores on the reading, mathematics, and English sections of the college
entrance exam that demonstrate preparedness for entry in a two- or four-year bachelor
degree program and (2) the minimum scores on the reading, mathematics, and English
sections of the college placement diagnostic exam that demonstrate preparedness for entry
into a certificate-level program.
new text end

new text begin (e) A student who, based on (1) the level of achievement on the grade 10 assessment
and (2) the growth of achievement between the grade 8 and 10 assessments, is on track to
achieve the minimum score required under paragraph (d), clause (1) on the college entrance
exam shall initially be given the college entrance exam in grade 11. All other students shall
initially be given the college placement diagnostic exam in grade 11. A student initially
given the college entrance exam who does not achieve the minimum score in all required
subjects under paragraph (d), clause (1), shall be given the college placement diagnostic
exam in these subjects. A student given the college placement diagnostic exam who
achieves the minimum score required under paragraph (d), clause (2) in grade 11, shall
have a state-sponsored opportunity to take the college entrance exam in grade 11 or 12.
new text end

new text begin (f) The commissioner shall establish an implementation school year. The
implementation school year must be the next school year after the contract under this
subdivision has been established and all necessary waivers of federal accountability
requirements have been received. In the implementation year, students in grade 8 shall
be given the grade 8 assessment under this section. For students enrolled in grade 8 in
the implementation school year or later only a minimum score or higher on the reading,
mathematics, and English sections of the college entrance exam under paragraph (d),
clause (1), or a minimum score or higher on the reading, mathematics, and English
sections of the college placement diagnostic exam under paragraph (d), clause (2), shall
fulfill students' state graduation test requirements. The commissioner shall certify the
implementation school year to the revisor of statutes.
new text end

Sec. 4.

Minnesota Statutes 2012, 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 and staff 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 separate measures of student growth and proficiency,
consistent with this paragraph.

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

(1) new text beginthe percentage of students on track to take the college entrance exam under
section 120B.30, subdivision 1b, paragraph (e);
new text end

new text begin (2) new text enda 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

deleted text begin (2)deleted text endnew text begin (3)new text end 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) deleted text beginand (2)deleted text endnew text begin to (3)new text end, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the implementation school year
established in section 120B.30, subdivision 1b, paragraph (f), and later.
new text end

Sec. 5.

Minnesota Statutes 2012, section 124D.09, subdivision 13, is amended to read:


Subd. 13.

Financial arrangements.

For a pupil enrolled in a course under this
section, the department must make payments according to this subdivision for courses that
were taken for secondary credit.

The department must not make payments to a school district or postsecondary
institution for a course taken for postsecondary credit only. The department must not
make payments to a postsecondary institution for a course from which a student officially
withdraws during the first 14 days of the quarter or semester or who has been absent from
the postsecondary institution for the first 15 consecutive school days of the quarter or
semester and is not receiving instruction in the home or hospital.

A postsecondary institution shall receive the following:

(1) for an institution granting quarter credit, the reimbursement per credit hour shall
be an amount equal to new text beginthe sum of (i) new text end88 percent of the product of the formula allowance
minus $415, multiplied by 1.3, and divided by 45new text begin and (ii) $33 for books and feesnew text end; or

(2) for an institution granting semester credit, the reimbursement per credit hour
shall be an amount equal to new text beginthe sum of (i) new text end88 percent of the product of the general revenue
formula allowance minus $415, multiplied by 1.3, and divided by 30new text begin and (ii) $33 for
books and fees
new text end.

The department must pay to each postsecondary institution 100 percent of the
amount in clause (1) or (2) within 30 days of receiving initial enrollment information
each quarter or semester. If changes in enrollment occur during a quarter or semester,
the change shall be reported by the postsecondary institution at the time the enrollment
information for the succeeding quarter or semester is submitted. At any time the
department notifies a postsecondary institution that an overpayment has been made, the
institution shall promptly remit the amount due.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2012, section 124D.091, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Support programs. new text end

new text begin The commissioner, in conjunction with the Minnesota
concurrent enrollment partnership, shall provide support programs during the school year
for teachers who attended the training programs and teachers experienced in teaching
concurrent enrollment courses. The support programs shall provide teachers with
opportunities to share instructional ideas with other teachers. The state may pay the costs
of participating in the support programs, including substitute teachers, if necessary, and
program affiliation costs.
new text end

Sec. 7. new text beginCOLLEGE READINESS AND REMEDIATION WORK GROUP.
new text end

new text begin The commissioner of education must convene a group of recognized and qualified
experts on college readiness and remediation by August 1, 2013. The work group
must include representatives from Minnesota State Colleges and Universities two- and
four-year institutions, the Department of Education, and current high school teachers and
principals. The work group shall:
new text end

new text begin (1) identify ways to determine skill deficits in high school students using assessments
under Minnesota Statutes, section 120B.30, and other methods;
new text end

new text begin (2) recommend targeted interventions and indicators for each interventions use;
new text end

new text begin (3) recommend additional methods for demonstrating successful remediation other
than retest that would be accepted at two- and four-year Minnesota State College and
Universities; and
new text end

new text begin (4) recommend benchmarks consistent with the testing requirements of this act for
admission into a four-year Minnesota State College or University without completion of
a college entrance exam.
new text end

new text begin (b) The commissioner must submit a written report from the work group to the
legislative committees with jurisdiction over kindergarten through grade 12 education by
February 15, 2014.
new text end

Sec. 8. new text beginSTUDENT CAREER PLANNING WORK GROUP.
new text end

new text begin The commissioner of education must convene a group of recognized and qualified
experts on student career planning by August 1, 2013. The work group must include
representatives from the Department of Education, the Department of Employment and
Economic Development, Minnesota State Colleges and Universities, the University of
Minnesota, the Minnesota Chamber of Commerce, the Minnesota Business Partnership,
the Minnesota Private Colleges Council, high school teachers, and high school counselors.
The work group shall identify ways to improve and standardize student career planning
across the state. The commissioner must submit a written report from the work group to
the legislative committees with jurisdiction over kindergarten through grade 12 education
by February 15, 2014.
new text end

Sec. 9. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Concurrent enrollment support programs. new text end

new text begin For concurrent enrollment
support programs under Minnesota Statutes, section 124D.091, subdivision 4:
new text end

new text begin $
new text end
new text begin 500,000
new text end
new text begin .....
new text end
new text begin 2014
new text end
new text begin $
new text end
new text begin 500,000
new text end
new text begin .....
new text end
new text begin 2015
new text end

Sec. 10. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin Upon certification by the commissioner of education to the revisor of statutes of the
implementation school year under Minnesota Statutes, section 120B.30, subdivision 1b,
paragraph (f), the revisor of statutes shall change the term "implementation school year
under subdivision 1b, paragraph (f)" to the certified school year in Minnesota Statutes,
section 120B.30, subdivision 1, paragraph (c).
new text end