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HF 2106

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 01:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; establishing state accountability measures to improve
graduation outcomes for students who are at risk of not graduating and
students significantly off track to graduate; amending Minnesota Statutes 2009
Supplement, sections 120B.35, subdivision 3; 120B.36, subdivision 1.

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

Section 1.

Minnesota Statutes 2009 Supplement, 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 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.

new text begin (e) For purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the relative success of school districts,
charter schools, and alternative program providers in improving the graduation outcomes
of students under this paragraph. When reporting student performance under section
120B.36, subdivision 1, the commissioner, beginning July 1, 2013, annually must report
summary data on the four-year and six-year graduation rates of students who are identified
as at risk of not graduating or off track to graduate, including students who are eligible to
participate in a program under section 123A.05 or 124D.68, and the relative success that
school districts, charter schools, and alternative program providers experience in:
new text end

new text begin (1) identifying at-risk and off-track student populations by grade;
new text end

new text begin (2) providing successful prevention and intervention strategies for at-risk students;
and
new text end

new text begin (3) providing successful recuperative and recovery or reenrollment strategies for
off-track students.
new text end

new text begin For purposes of this paragraph, a student who is at risk of not graduating is a student
in eighth or ninth grade who meets one or more of the following criteria: first enrolled
in an English-language learners program in eighth or ninth grade and may be older than
other students enrolled in the same grade; as an eighth grader, is absent from school for at
least 20 percent of the days of instruction during the school year, is two or more years
older than other students enrolled in the same grade, or fails multiple core academic
courses; or as a ninth grader, fails multiple ninth grade core academic courses in English
language arts, math, science, or social studies.
new text end

new text begin For purposes of this paragraph, a student who is off track to graduate is a student
who meets one or more of the following criteria: first enrolled in an English-language
learners program in high school and is older than other students enrolled in the same grade;
is a returning dropout; is 16 or 17 years old and two or more academic years off track to
graduate; is 18 years or older and two or more academic years off track to graduate; or is
18 years or older and may graduate within one school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to data that are collected in the 2012-2013 school year and later and reported
annually beginning July 1, 2013, consistent with the recommendations the commissioner
receives from recognized and qualified experts on improving differentiated graduation
rates, and establishing alternative routes to a standard high school diploma for at-risk and
off-track students.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 120B.36, subdivision 1, is
amended to read:


Subdivision 1.

School performance report cards.

(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); new text begin the four-year and six-year graduation rates of
at-risk and off-track students and the academic success that school districts, charter
schools, and alternative program providers experience in their efforts to improve the
graduation outcomes of those students under section 120B.35, subdivision 3, paragraph
(e);
new text end 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, 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 report cards.

(c) The commissioner must make available performance report cards 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 report card data are nonpublic data under section 13.02,
subdivision 9
, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to annual reports beginning July 1, 2013.
new text end

Sec. 3. new text begin IMPLEMENTING DIFFERENTIATED GRADUATION RATE
MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A STANDARD
DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), the commissioner of education must convene a group
of recognized and qualified experts on improving differentiated graduation rates and
establishing alternative routes to a standard high school diploma for at-risk and off-track
students. The commissioner must assist the group, as requested, to explore and recommend
to the commissioner and the legislature (1) research-based measures that demonstrate
the academic success of and costs to school districts, charter schools, and alternative
program providers in improving the graduation outcomes of at-risk and off-track students,
and (2) state and local options for establishing alternative routes to a standard diploma,
consistent with Minnesota's statewide accountability system under Minnesota Statutes,
chapter 120B, and Minnesota Statutes, sections 123A.05 and 124D.68. When proposing
alternative routes to a standard diploma, the group also must identify highly reliable
variables that generate summary data to comply with Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), including: who initiates the request for an alternative route;
who approves the request for an alternative route; the specific parameters of the alternative
route process, including whether a student first must fail a regular, state-mandated exam;
and the comparability of the academic and achievement criteria reflected in the alternative
route and the standard route for a standard diploma.
new text end

new text begin (b) The commissioner must convene the first meeting of this group by September
15, 2010. Group members must include: four teachers and administrators from, and two
parents of students currently enrolled in state-approved alternative programs selected
by the Minnesota Association of Alternative Programs; one representative selected
by the Minnesota K-12 Online Learning Alliance; one representative selected by the
Metropolitan Federation of Alternative Schools; one representative of the Minnesota
Association of Charter Schools; two faculty members selected by the dean of the College
of Education at the University of Minnesota with expertise in serving and assessing at-risk
and off-track students; two Minnesota State Colleges and Universities faculty members
selected by the Minnesota State Colleges and Universities chancellor with expertise in
serving and assessing at-risk and off-track students; one currently serving superintendent
selected by the Minnesota Association of School Administrators; one currently serving
high school principal selected by the Minnesota Association of Secondary School
Principals; and two public members selected by the commissioner. The group may
seek input from representatives of other interested stakeholders and organizations with
expertise to help inform the group's work. The group must meet at least quarterly. Group
members do not receive compensation or reimbursement of expenses for participating
in this group. The group expires on February 16, 2012.
new text end

new text begin (c) The group, by February 15, 2012, must develop and submit to the commissioner
and the Education Policy and Finance Committees of the legislature recommendations
and legislation, consistent with this section and Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), for:
new text end

new text begin (1) measuring and reporting differentiated graduation rates for at-risk and off-track
students and the success and costs that school districts, charter schools, and alternative
program providers experience in identifying and serving at-risk or off-track student
populations; and
new text end

new text begin (2) establishing alternative routes to a standard diploma.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school report cards beginning July 1, 2013.
new text end