2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; repealing and replacing the 1.3 profile of learning; providing for expedited 1.4 rulemaking; repealing certain portions of Minnesota 1.5 Rules, chapter 3501; proposing coding for new law in 1.6 Minnesota Statutes, chapter 120B. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [120B.001] [REPEALING PROFILE OF LEARNING 1.9 STATUTES AND RULES AND RELATED STATEWIDE TESTING REQUIREMENT.] 1.10 (a) Notwithstanding sections 120B.02, 120B.031, 120B.30, 1.11 120B.31, and 120B.35, or other law to the contrary, the 1.12 commissioner of children, families, and learning must not 1.13 implement the profile of learning portion of the state's 1.14 results-oriented graduation rule and all rules under Minnesota 1.15 Rules, chapter 3501, related to the profile of learning portion 1.16 of the state's results-oriented graduation rule described in 1.17 this chapter are repealed. 1.18 (b) The requirement under section 120B.30 for a test 1.19 aligned with the profile of learning portion of the state's 1.20 graduation standards that is administered annually to all 1.21 students in grades 3, 5, 7, 8, 10, and 11 is repealed. This 1.22 repeal does not apply to the state's basic skills tests in 1.23 reading, mathematics, and written composition. 1.24 [EFFECTIVE DATE.] Paragraph (a) of this section is 1.25 effective the day following final enactment and applies to the 1.26 2003-2004 school year and later. Paragraph (b) of this section 2.1 is effective immediately and applies to the 2004-2005 school 2.2 year and later. 2.3 Sec. 2. [REPLACING PROFILE OF LEARNING STATUTES AND 2.4 RULES.] 2.5 Subdivision 1. [STAKEHOLDER ADVICE ON STANDARDS.] The 2.6 commissioner of children, families, and learning must consider 2.7 advice from at least the following stakeholders in developing 2.8 statewide rigorous core academic standards in English, 2.9 mathematics, science, and history and geography to replace the 2.10 profile of learning: 2.11 (1) parents of school-age children and members of the 2.12 public throughout the state; 2.13 (2) teachers throughout the state currently licensed and 2.14 providing instruction in English, mathematics, science, or 2.15 history and geography and licensed elementary and secondary 2.16 school principals throughout the state currently administering a 2.17 school site; 2.18 (3) currently serving members of local school boards and 2.19 charter school boards throughout the state; 2.20 (4) faculty teaching core subjects at postsecondary 2.21 institutions in Minnesota; and 2.22 (5) representatives of the Minnesota business community. 2.23 Subd. 2. [PARAMETERS FOR ACADEMIC STANDARDS.] The academic 2.24 standards must: 2.25 (1) be based on factual, objective, verifiable knowledge in 2.26 English, mathematics, science, and history and geography; 2.27 (2) be clear, concise, measurable, and grade-level 2.28 appropriate; 2.29 (3) preserve and promote fundamental American principles 2.30 stated in the Declaration of Independence and the Constitution 2.31 of the United States and other such principles as national 2.32 sovereignty, natural law, and free market enterprise; 2.33 (4) not mandate a specific teaching methodology nor include 2.34 work-based learning or any other content standard inconsistent 2.35 with this subdivision; and 2.36 (5) be assessed using tests aligned with the academic 3.1 standards established under this section. 3.2 Subd. 3. [COMMISSIONER TO PRESENT PROPOSED RULES TO THE 3.3 LEGISLATURE.] (a) The commissioner must present to the 3.4 legislature proposed rules for implementing statewide rigorous 3.5 core academic standards in English, mathematics, science, and 3.6 history and geography as follows: 3.7 (1) by April 15, 2003, present proposed rules for 3.8 implementing statewide rigorous core academic standards in 3.9 English and mathematics; 3.10 (2) present a statewide plan for students, educators, 3.11 schools, and school districts to make the transition from the 3.12 profile of learning to the standards described under this act; 3.13 (3) by March 1, 2004, present proposed rules for 3.14 implementing statewide rigorous core academic standards in 3.15 science; 3.16 (4) by March 1, 2005, present proposed rules for 3.17 implementing statewide rigorous core academic standards in 3.18 history and geography. 3.19 (b) All proposed rules the commissioner presents must 3.20 comply with the requirements of this section. 3.21 (c) A school district, no later than the 2007-2008 school 3.22 year, must incorporate into its existing locally established 3.23 graduation requirements the state graduation requirements 3.24 premised on rules proposed under this section. A school 3.25 district that incorporates these state graduation requirements 3.26 before the 2007-2008 school year must provide students who enter 3.27 the ninth grade in or before the 2004-2005 school year with the 3.28 opportunity to earn a diploma based on existing locally 3.29 established graduation requirements in effect when the students 3.30 entered the ninth grade. District efforts to develop, 3.31 implement, or improve instruction or curriculum as a result of 3.32 the provisions of this section must be consistent with Minnesota 3.33 Statutes, sections 120B.10, 120B.11, and 120B.20. 3.34 Subd. 4. [RULES IMPLEMENTING READING AND MATH 3.35 STANDARDS.] The commissioner must adopt rules under Minnesota 3.36 Statutes, section 14.388, clause (2), for implementing the 4.1 statewide rigorous core academic standards in English and 4.2 mathematics described in subdivision 3, clause (1). 4.3 [EFFECTIVE DATE.] Subdivisions 1, 2, and 3 are effective 4.4 the day following final enactment. Subdivision 4 is effective 4.5 April 30, 2003. 4.6 Sec. 3. [INTERIM ALTERNATIVE.] 4.7 If the legislature does not authorize the commissioner 4.8 under section 2, subdivision 4, to adopt rules to implement 4.9 statewide rigorous core academic standards in English and 4.10 mathematics that are effective for the 2003-2004 school year, 4.11 each school district and charter school shall continue to 4.12 implement academic English and mathematics standards consistent 4.13 with Minnesota Statutes 2002, section 120A.22, subdivision 9, 4.14 until such rules to implement statewide rigorous core academic 4.15 standards in English and mathematics are adopted. 4.16 [EFFECTIVE DATE.] This section is effective the day 4.17 following final enactment.