Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 302

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to education; repealing and replacing the 
  1.3             profile of learning; providing for rulemaking; 
  1.4             amending Minnesota Statutes 2002, sections 120B.02; 
  1.5             120B.30, subdivision 1, by adding a subdivision; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 120B; repealing Minnesota Statutes 2002, 
  1.8             section 120B.031; Minnesota Rules, parts 3501.0300; 
  1.9             3501.0310; 3501.0320; 3501.0330; 3501.0340; 3501.0350; 
  1.10            3501.0370; 3501.0380; 3501.0390; 3501.0400; 3501.0410; 
  1.11            3501.0420; 3501.0440; 3501.0441; 3501.0442; 3501.0443; 
  1.12            3501.0444; 3501.0445; 3501.0446; 3501.0447; 3501.0448; 
  1.13            3501.0449; 3501.0450; 3501.0460; 3501.0461; 3501.0462; 
  1.14            3501.0463; 3501.0464; 3501.0465; 3501.0466; 3501.0467; 
  1.15            3501.0468; 3501.0469. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1
  1.18              REPLACING PROFILE OF LEARNING STANDARDS 
  1.19                    AND GRADUATION REQUIREMENTS 
  1.20     Section 1.  [120B.001] [REPEALING PROFILE OF LEARNING 
  1.21  STATUTES AND RULES.] 
  1.22     Notwithstanding sections 120B.02, 120B.30, 120B.31, and 
  1.23  120B.35, or other law to the contrary, the commissioner of 
  1.24  children, families, and learning must not implement the profile 
  1.25  of learning portion of the state's results-oriented graduation 
  1.26  rule. 
  1.27     [EFFECTIVE DATE.] This section is effective the day 
  1.28  following final enactment and applies to the 2003-2004 school 
  1.29  year and later. 
  1.30     Sec. 2.  Minnesota Statutes 2002, section 120B.02, is 
  2.1   amended to read: 
  2.2      120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  2.3   REQUIREMENTS; PROFILE OF LEARNING EDUCATIONAL EXPECTATIONS FOR 
  2.4   MINNESOTA'S STUDENTS.] 
  2.5      (a) The legislature is committed to establishing a rigorous 
  2.6   , results-oriented graduation rule academic standards for 
  2.7   Minnesota's public school students.  To that end, the 
  2.8   commissioner shall use its rulemaking authority under section 
  2.9   127A.05, subdivision 4, to adopt a in rule statewide, 
  2.10  results-oriented graduation rule to be implemented starting with 
  2.11  students beginning ninth grade in the 1996-1997 school 
  2.12  year academic standards.  The commissioner shall not prescribe 
  2.13  in rule or otherwise the delivery system, classroom assessments, 
  2.14  or form of instruction that school sites must use to meet the 
  2.15  requirements contained in this rule.  For purposes of this 
  2.16  chapter, a school site is a separate facility, or a separate 
  2.17  program within a facility that a local school board recognizes 
  2.18  as a school site for funding purposes.  
  2.19     (b) To successfully accomplish paragraph (a), the 
  2.20  commissioner shall set in rule high academic standards for all 
  2.21  students.  The standards must contain the foundational skills in 
  2.22  the three core curricular areas of reading, writing, and 
  2.23  mathematics while meeting requirements for high school 
  2.24  graduation.  The standards must also provide an opportunity for 
  2.25  students to excel by meeting higher academic standards through a 
  2.26  profile of learning that uses curricular requirements to allow 
  2.27  students to expand their knowledge and skills beyond the 
  2.28  foundational skills.  All commissioner actions regarding the 
  2.29  rule must be premised on the following:  
  2.30     (1) the rule is intended to raise academic expectations for 
  2.31  students, teachers, and schools; 
  2.32     (2) any state action regarding the rule must evidence 
  2.33  consideration of school district autonomy; and 
  2.34     (3) the department of children, families, and learning, 
  2.35  with the assistance of school districts, must make available 
  2.36  information about all state initiatives related to the rule to 
  3.1   students and parents, teachers, and the general public in a 
  3.2   timely format that is appropriate, comprehensive, and readily 
  3.3   understandable. 
  3.4      (c) For purposes of adopting the rule, the commissioner, in 
  3.5   consultation with the department, recognized psychometric 
  3.6   experts in assessment, and other interested and knowledgeable 
  3.7   educators, using the most current version of professional 
  3.8   standards for educational testing, shall evaluate the 
  3.9   alternative approaches to assessment.  
  3.10     (d) The content of the graduation rule must differentiate 
  3.11  between minimum competencies reflected in the basic requirements 
  3.12  assessment and rigorous profile of learning standards.  When 
  3.13  fully implemented, the requirements for high school graduation 
  3.14  in Minnesota must include both require students to pass the 
  3.15  basic skills test requirements and the required profile of 
  3.16  learning.  The profile of learning must measure student 
  3.17  performance using performance-based assessments compiled over 
  3.18  time that integrate higher academic standards, higher order 
  3.19  thinking skills, and application of knowledge from a variety of 
  3.20  content areas.  The profile of learning shall include a broad 
  3.21  range of academic experience and accomplishment necessary to 
  3.22  achieve the goal of preparing students to function effectively 
  3.23  as purposeful thinkers, effective communicators, self-directed 
  3.24  learners, productive group participants, and responsible 
  3.25  citizens satisfactorily complete, as determined by the school 
  3.26  district, the course credit requirements under section 120B.024. 
  3.27     (e) The profile of learning contains the following learning 
  3.28  areas: 
  3.29     (1) read, listen, and view; 
  3.30     (2) write and speak; 
  3.31     (3) arts and literature; 
  3.32     (4) mathematical concepts and applications; 
  3.33     (5) inquiry and research; 
  3.34     (6) scientific concepts and applications; 
  3.35     (7) social studies; 
  3.36     (8) physical education and lifetime fitness; 
  4.1      (9) economics and business; 
  4.2      (10) world languages; and 
  4.3      (11) technical and vocational education. 
  4.4      (f) (d) The commissioner shall periodically review and 
  4.5   report on the state's assessment process and student achievement 
  4.6   with the expectation of raising the standards and expanding high 
  4.7   school graduation requirements. 
  4.8      (g) Beginning August 31, 2000, the commissioner must 
  4.9   publish, including in electronic format for the Internet, a 
  4.10  report, by school site, area learning center, and charter 
  4.11  school, of: 
  4.12     (1) the required preparatory content standards; 
  4.13     (2) the high school content standards required for 
  4.14  graduation; and 
  4.15     (3) the number of student waivers the district, area 
  4.16  learning center, or charter school approves under section 
  4.17  120B.031, subdivisions 4, 5, and 6, based on information each 
  4.18  district, area learning center, and charter school provides. 
  4.19     (h) School districts must integrate required and elective 
  4.20  content standards in the scope and sequence of the district 
  4.21  curriculum.  
  4.22     (i) (e) School districts are not required to adopt specific 
  4.23  provisions of the Goals 2000 and the federal School-to-Work 
  4.24  programs. 
  4.25     [EFFECTIVE DATE.] This section is effective the day 
  4.26  following final enactment.  
  4.27     Sec. 3.  [120B.021] [REQUIRED ACADEMIC STANDARDS.] 
  4.28     Subdivision 1.  [REQUIRED ACADEMIC STANDARDS.] The 
  4.29  following subject areas are required for statewide 
  4.30  accountability: 
  4.31     (1) language arts; 
  4.32     (2) mathematics; 
  4.33     (3) science; 
  4.34     (4) social studies, including history, geography, 
  4.35  economics, and government and citizenship; and 
  4.36     (5) the arts, for which statewide or locally developed 
  5.1   academic standards apply, as determined by the school district.  
  5.2   Public elementary and middle schools must offer at least three 
  5.3   and require at least two of the following four arts areas:  
  5.4   dance; music; theater; and visual arts.  Public high schools 
  5.5   must offer at least three and require at least one of the 
  5.6   following five arts areas:  media arts; dance; music; theater; 
  5.7   and visual arts.  
  5.8      The commissioner must submit proposed standards in science 
  5.9   and social studies to the legislature by February 1, 2004.  
  5.10  For purposes of applicable federal law, the academic standards 
  5.11  for language arts, mathematics and science apply to all public 
  5.12  school students, except the very few students with extreme 
  5.13  cognitive or physical impairments for whom an individualized 
  5.14  education plan team has determined that the required academic 
  5.15  standards are inappropriate.  An individualized education plan 
  5.16  team that makes this determination must establish alternative 
  5.17  standards. 
  5.18     A school district, no later than the 2007-2008 school year, 
  5.19  must adopt graduation requirements that meet or exceed state 
  5.20  graduation requirements established in law or rule.  A school 
  5.21  district that incorporates these state graduation requirements 
  5.22  before the 2007-2008 school year must provide students who enter 
  5.23  the ninth grade in or before the 2003-2004 school year the 
  5.24  opportunity to earn a diploma based on existing locally 
  5.25  established graduation requirements in effect when the students 
  5.26  entered the ninth grade.  District efforts to develop, 
  5.27  implement, or improve instruction or curriculum as a result of 
  5.28  the provisions of this section must be consistent with sections 
  5.29  120B.10, 120B.11, and 120B.20.  
  5.30     Subd. 2.  [STANDARDS DEVELOPMENT.] (a) The commissioner 
  5.31  must consider advice from at least the following stakeholders in 
  5.32  developing statewide rigorous core academic standards in 
  5.33  language arts, mathematics, science, social studies, including 
  5.34  history, geography, economics, government and citizenship, and 
  5.35  the arts: 
  5.36     (1) parents of school-age children and members of the 
  6.1   public throughout the state; 
  6.2      (2) teachers throughout the state currently licensed and 
  6.3   providing instruction in language arts, mathematics, science, 
  6.4   social studies, or the arts and licensed elementary and 
  6.5   secondary school principals throughout the state currently 
  6.6   administering a school site; 
  6.7      (3) currently serving members of local school boards and 
  6.8   charter school boards throughout the state; 
  6.9      (4) faculty teaching core subjects at postsecondary 
  6.10  institutions in Minnesota; and 
  6.11     (5) representatives of the Minnesota business community. 
  6.12     (b) Academic standards must: 
  6.13     (1) be clear, concise, objective, measurable, and 
  6.14  grade-level appropriate; 
  6.15     (2) not require a specific teaching methodology or 
  6.16  curriculum; and 
  6.17     (3) be consistent with the constitutions of the United 
  6.18  States and the state of Minnesota. 
  6.19     Subd. 3.  [RULEMAKING.] (a) The commissioner, consistent 
  6.20  with the requirements of this section and section 120B.022, must 
  6.21  adopt statewide rules under section 14.389 for implementing 
  6.22  statewide rigorous core academic standards in language arts, 
  6.23  mathematics and the arts.  After the rules authorized under this 
  6.24  paragraph are initially adopted, the commissioner may not amend 
  6.25  or repeal these rules nor adopt new rules on the same topic 
  6.26  without specific legislative authorization.  These academic 
  6.27  standards must be implemented for all students beginning in the 
  6.28  2003-2004 school year. 
  6.29     (b) The rules authorized under this section are not subject 
  6.30  to section 14.127.  
  6.31     [EFFECTIVE DATE.] This section is effective the day 
  6.32  following final enactment. 
  6.33     Sec. 4.  [120B.022] [ELECTIVE STANDARDS.] 
  6.34     Subdivision 1.  [ELECTIVE STANDARDS.] A district must 
  6.35  establish its own standards in the following subject areas: 
  6.36     (1) health and physical education; 
  7.1      (2) vocational and technical education; and 
  7.2      (3) world languages. 
  7.3      A school district must offer courses in all elective 
  7.4   subject areas. 
  7.5      Subd. 2.  [LOCAL ASSESSMENTS.] A district must use a 
  7.6   locally selected assessment to determine if a student has 
  7.7   achieved an elective standard. 
  7.8      [EFFECTIVE DATE.] This section is effective the day 
  7.9   following final enactment. 
  7.10     Sec. 5.  [120B.023] [BENCHMARKS.] 
  7.11     (a) The commissioner must supplement required state 
  7.12  academic standards with grade-level benchmarks.  High school 
  7.13  benchmarks may cover more than one grade.  The benchmarks must 
  7.14  implement statewide academic standards by specifying the 
  7.15  academic knowledge and skills that schools must offer and 
  7.16  students must achieve to satisfactorily complete a state 
  7.17  standard.  Benchmarks are published to inform and guide parents, 
  7.18  teachers, school districts and other interested persons and for 
  7.19  use in developing tests consistent with the benchmarks. 
  7.20     (b) The commissioner shall publish benchmarks in the State 
  7.21  Register and transmit the benchmarks in any other manner that 
  7.22  makes them accessible to the general public.  The commissioner 
  7.23  may charge a reasonable fee for publications. 
  7.24     (c) Once established, the commissioner may change the 
  7.25  benchmarks only with specific legislative authorization and 
  7.26  after completing a review under paragraph (d). 
  7.27     (d) The commissioner must develop and implement a system 
  7.28  for reviewing on a four-year cycle each of the required academic 
  7.29  standards and related benchmarks and elective standards 
  7.30  beginning in the 2006-2007 school year.  
  7.31     (e) The benchmarks are not subject to chapter 14 and 
  7.32  section 14.386 does not apply.  
  7.33     [EFFECTIVE DATE.] This section is effective the day 
  7.34  following final enactment.  
  7.35     Sec. 6.  [120B.024] [GRADUATION REQUIREMENTS; COURSE 
  7.36  CREDITS.] 
  8.1      Students beginning ninth grade in the 2004-2005 school year 
  8.2   and later must successfully complete the following high school 
  8.3   level course credits for graduation: 
  8.4      (1) four credits of language arts; 
  8.5      (2) three credits of mathematics, encompassing at least 
  8.6   algebra, geometry, statistics and probability sufficient to 
  8.7   satisfy the academic standard; 
  8.8      (3) three credits of science, including at least one credit 
  8.9   in biology; 
  8.10     (4) three and one-half credits of social studies, including 
  8.11  at least one credit of United States history, one credit of 
  8.12  geography, 0.5 credits of government and citizenship, 0.5 
  8.13  credits of world history, and 0.5 credits of economics; and 
  8.14     (5) a minimum of eight elective course credits, including 
  8.15  at least one credit in the arts. 
  8.16     A course credit is equivalent to a student's successful 
  8.17  completion of an academic year of study or a student's mastery 
  8.18  of the applicable subject matter, as determined by the local 
  8.19  school district. 
  8.20     [EFFECTIVE DATE.] This section is effective the day 
  8.21  following final enactment. 
  8.22     Sec. 7.  Minnesota Statutes 2002, section 120B.30, 
  8.23  subdivision 1, is amended to read: 
  8.24     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  8.25  with advice from experts with appropriate technical 
  8.26  qualifications and experience and stakeholders, consistent with 
  8.27  subdivision 1a, shall include in the comprehensive assessment 
  8.28  system, for each grade level to be tested, a test, which shall 
  8.29  be state-constructed tests developed from and aligned with the 
  8.30  state's graduation required academic standards under section 
  8.31  120B.021 and administered annually to all students in the third, 
  8.32  fifth, seventh, and eighth grades 3 through 8 and at the high 
  8.33  school level.  A state-developed test in a subject other than 
  8.34  writing, developed after the 2002-2003 school year, must include 
  8.35  both multiple choice and constructed response questions.  The 
  8.36  commissioner shall establish one or more months during which 
  9.1   schools shall administer the tests to students each school 
  9.2   year.  Only Minnesota basic skills tests in reading, 
  9.3   mathematics, and writing shall fulfill students' basic skills 
  9.4   testing requirements for a passing state notation.  The passing 
  9.5   scores of the state tests in reading and mathematics are the 
  9.6   equivalent of:  
  9.7      (1) 70 percent correct for students entering grade 9 in 
  9.8   1996; and 
  9.9      (2) 75 percent correct for students entering grade 9 in 
  9.10  1997 and thereafter, as based on the first uniform test 
  9.11  administration of February 1998.  
  9.12     (b) The third, fifth, and seventh through eighth grade and 
  9.13  high school level test results shall be available to districts 
  9.14  for diagnostic purposes affecting student learning and district 
  9.15  instruction and curriculum, and for establishing educational 
  9.16  accountability.  The commissioner must disseminate to the public 
  9.17  the third, fifth, and seventh grade test results upon receiving 
  9.18  those results. 
  9.19     (c) In addition, at the high school level, districts shall 
  9.20  assess student performance in all required learning areas and 
  9.21  selected required standards within each area of the profile of 
  9.22  learning.  The testing instruments, State tests must be 
  9.23  constructed and aligned with state academic standards.  The 
  9.24  testing process, and the order of administration shall be 
  9.25  determined by the commissioner.  The statewide results shall be 
  9.26  aggregated at the site and district level, consistent with 
  9.27  subdivision 1a.  
  9.28     (d) The commissioner shall report school site and school 
  9.29  district student academic achievement levels of the current and 
  9.30  two immediately preceding school years.  The report shall 
  9.31  include students' unweighted mean test scores in each tested 
  9.32  subject, the unweighted mean test scores of only those students 
  9.33  enrolled in the school by October 1 of the current school year, 
  9.34  and the unweighted test scores of all students except those 
  9.35  students receiving limited English proficiency instruction.  The 
  9.36  report also shall record separately, in proximity to the 
 10.1   reported performance levels, the percentage of students of each 
 10.2   gender and the percentages of students who are eligible to 
 10.3   receive a free or reduced price school meal, demonstrate limited 
 10.4   English proficiency, are identified as migrant students, are a 
 10.5   member of a major ethnic or racial population, or are eligible 
 10.6   to receive special education services. 
 10.7      (e) In addition to the testing and reporting requirements 
 10.8   under paragraphs (a), (b), (c), and (d) this section, the 
 10.9   commissioner shall include the following components in the 
 10.10  statewide public reporting system: 
 10.11     (1) uniform statewide testing of all third, fifth, seventh, 
 10.12  eighth, and post-eighth grade students in grades 3 through 8 and 
 10.13  at the high school level that provides exemptions, only with 
 10.14  parent or guardian approval, for those very few students for 
 10.15  whom the student's individual education plan team under sections 
 10.16  125A.05 and 125A.06, determines that the student is incapable of 
 10.17  taking a statewide test, or for a limited English proficiency 
 10.18  student under section 124D.59, subdivision 2, if the student has 
 10.19  been in the United States for fewer than 12 months and for whom 
 10.20  special language barriers exist, such as the student's native 
 10.21  language does not have a written form or the district does not 
 10.22  have access to appropriate interpreter services for the 
 10.23  student's native language three years; 
 10.24     (2) educational indicators that can be aggregated and 
 10.25  compared across school districts and across time on a statewide 
 10.26  basis, including average daily attendance, high school 
 10.27  graduation rates, and high school drop-out rates by age and 
 10.28  grade level; 
 10.29     (3) students' scores on the American College Test; and 
 10.30     (4) state results from participation in the National 
 10.31  Assessment of Educational Progress so that the state can 
 10.32  benchmark its performance against the nation and other states, 
 10.33  and, where possible, against other countries, and contribute to 
 10.34  the national effort to monitor achievement. 
 10.35     (f) (e) Districts must report exemptions under paragraph 
 10.36  (e) (d), clause (1), to the commissioner consistent with a 
 11.1   format provided by the commissioner. 
 11.2      [EFFECTIVE DATE.] This section is effective the day 
 11.3   following final enactment and applies to the 2005-2006 school 
 11.4   year and later.  
 11.5      Sec. 8.  Minnesota Statutes 2002, section 120B.30, is 
 11.6   amended by adding a subdivision to read: 
 11.7      Subd. 1a.  [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 
 11.8   The commissioner must develop language arts, mathematics and 
 11.9   science assessments aligned with state academic standards that 
 11.10  districts and sites must use to monitor student growth toward 
 11.11  achieving those standards.  The commissioner must not develop 
 11.12  statewide assessments for academic standards in social studies 
 11.13  and the arts.  The commissioner must require: 
 11.14     (1) annual language arts and mathematics assessments in 
 11.15  grades 3 through 8 and at the high school level for the 
 11.16  2005-2006 school year and later; and 
 11.17     (2) annual science assessments in one grade in the grades 3 
 11.18  through 5 span, the grades 6 through 9 span, and the grades 10 
 11.19  through 12 span for the 2007-2008 school year and later. 
 11.20     (b) The commissioner must ensure that all statewide tests 
 11.21  administered to elementary and secondary students measure 
 11.22  students' academic knowledge and skills and not students' 
 11.23  values, attitudes, and beliefs. 
 11.24     (c) Reporting of assessment results must: 
 11.25     (1) provide timely, useful, and understandable information 
 11.26  on the performance of individual students, schools, school 
 11.27  districts, and the state; 
 11.28     (2) include, by the 2006-2007 school year, a value-added 
 11.29  component to measure student achievement growth over time; and 
 11.30     (3) determine whether students have met the state's basic 
 11.31  skills requirements. 
 11.32     (d) Consistent with applicable federal law and subdivision 
 11.33  1, paragraph (d), clause (1), the commissioner must include 
 11.34  alternative assessments for the very few students with 
 11.35  disabilities for whom statewide assessments are inappropriate 
 11.36  and for students with limited English proficiency. 
 12.1      (e) A school, school district, and charter school must 
 12.2   administer statewide assessments under this section, as the 
 12.3   assessments become available, to evaluate student progress in 
 12.4   achieving the academic standards.  If a state assessment is not 
 12.5   available, a school, school district, and charter school must 
 12.6   determine locally if a student has met the required academic 
 12.7   standards.  A school, school district or charter school may use 
 12.8   a student's performance on a statewide assessment as one of 
 12.9   multiple criteria to determine grade promotion or retention.  A 
 12.10  school, school district, or charter school may use a high school 
 12.11  student's performance on a statewide assessment as a percentage 
 12.12  of the student's final grade in a course, or place a student's 
 12.13  assessment score on the student's transcript.  
 12.14     [EFFECTIVE DATE.] This section is effective the day 
 12.15  following final enactment. 
 12.16     Sec. 9.  [120B.36] [SCHOOL ACCOUNTABILITY; APPEALS 
 12.17  PROCESS.] 
 12.18     (a) The commissioner shall use objective criteria based on 
 12.19  levels of student performance to identify four to six 
 12.20  designations applicable to high and low performing public 
 12.21  schools.  The objective criteria shall include at least student 
 12.22  academic performance, school safety, and staff characteristics, 
 12.23  with a value-added growth component added by the 2006-2007 
 12.24  school year. 
 12.25     (b) The commissioner shall develop, annually update and 
 12.26  post on the department web site school performance report cards. 
 12.27  A school's designation must be clearly stated on each school 
 12.28  performance report card. 
 12.29     (c) The commissioner must make available the first school 
 12.30  designations and school performance report cards by November 
 12.31  2003, and during the beginning of each school year thereafter.  
 12.32     (d) A school or district may appeal in writing a 
 12.33  designation under this section to the commissioner within 30 
 12.34  days of receiving the designation.  The commissioner's decision 
 12.35  to uphold or deny an appeal is final.  
 12.36     [EFFECTIVE DATE.] This section is effective the day 
 13.1   following final enactment and applies to the 2005-2006 school 
 13.2   year and later.  
 13.3      Sec. 10.  [120B.363] [CREDENTIAL FOR EDUCATION 
 13.4   PARAPROFESSIONALS.] 
 13.5      Subdivision 1.  [RULEMAKING.] The board of teaching must 
 13.6   adopt rules to implement a statewide credential for education 
 13.7   paraprofessionals who assist a licensed teacher in providing 
 13.8   student instruction.  Any paraprofessional holding this 
 13.9   credential or working in a local school district after meeting a 
 13.10  state-approved local assessment is considered to be highly 
 13.11  qualified under federal law.  Under this subdivision, the board 
 13.12  of teaching, in consultation with the commissioner, must adopt 
 13.13  qualitative criteria for approving local assessments that 
 13.14  include an evaluation of a paraprofessional's knowledge of 
 13.15  reading, writing, and math and the paraprofessional's ability to 
 13.16  assist in the instruction of reading, writing, and math.  The 
 13.17  commissioner must approve or disapprove local assessments using 
 13.18  these criteria.  The commissioner must make the criteria 
 13.19  available to the public. 
 13.20     Subd. 2.  [TRAINING POSSIBILITIES.] In adopting rules under 
 13.21  subdivision 1, the board must consider including provisions that 
 13.22  provide training in:  students' characteristics; teaching and 
 13.23  learning environment; academic instruction skills; student 
 13.24  behavior; and ethical practices. 
 13.25     Subd. 3.  [INITIAL TRAINING.] Within the first 60 days of 
 13.26  supervising or working with students, a district must provide 
 13.27  each paraprofessional with initial training in emergency 
 13.28  procedures, confidentiality, vulnerability, reporting 
 13.29  obligations, discipline policies, roles and responsibilities, 
 13.30  and a building orientation. 
 13.31     [EFFECTIVE DATE.] This section is effective the day 
 13.32  following final enactment.  
 13.33     Sec. 11.  [120B.365] [ASSESSMENT ADVISORY COMMITTEE.] 
 13.34     Subdivision 1.  [ESTABLISHMENT.] An assessment advisory 
 13.35  committee of up to eleven members selected by the commissioner 
 13.36  is established.  The commissioner must select members as follows:
 14.1      (1) two superintendents; 
 14.2      (2) two teachers; 
 14.3      (3) two higher education faculty; and 
 14.4      (4) up to five members of the public, consisting of parents 
 14.5   and members of the business community. 
 14.6      The committee must review all statewide assessments.  The 
 14.7   committee must submit its recommendations to the commissioner 
 14.8   and to the committees of the legislature having jurisdiction 
 14.9   over kindergarten through grade 12 education policy and budget 
 14.10  issues.  The commissioner must consider the committees' 
 14.11  recommendations before finalizing a statewide assessment. 
 14.12     Subd. 2.  [EXPIRATION.] Notwithstanding section 15.059, 
 14.13  subdivision 5, the committee expires on June 30, 2014. 
 14.14     [EFFECTIVE DATE.] This section is effective immediately and 
 14.15  applies to the 2005-2006 school year and later. 
 14.16     Sec. 12.  [REPEALER.] 
 14.17     (a) Minnesota Statutes 2002, section 120B.031, is repealed. 
 14.18     (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 
 14.19  3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380; 
 14.20  3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0440; 
 14.21  3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 
 14.22  3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 
 14.23  3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 
 14.24  3501.0465; 3501.0466; 3501.0467; 3501.0468; and 3501.0469, are 
 14.25  repealed. 
 14.26     [EFFECTIVE DATE.] This section is effective for the 
 14.27  2003-2004 school year and thereafter. 
 14.28                             ARTICLE 2
 14.29                       COMMISSIONER'S DUTIES
 14.30     Section 1.  [MINNESOTA'S HIGH ACADEMIC STANDARDS.] 
 14.31     (a) The standards adopted by the commissioner of children, 
 14.32  families and learning under Minnesota Statutes, section 
 14.33  120B.0021, must be identical to: 
 14.34     (1) the K-12 standards for language arts contained in the 
 14.35  document labeled "Minnesota Academic Standards, Language Arts 
 14.36  K-12, May 19, 2003, Minnesota Academic Standards Committee, 
 15.1   Minnesota Department of Education"; 
 15.2      (2) the K-12 standards for mathematics contained in the 
 15.3   document labeled "Minnesota Academic Standards, Mathematics 
 15.4   K-12, May 19, 2003, Minnesota Academic Standards Committee, 
 15.5   Minnesota Department of Education"; and 
 15.6      (3) the K-12 standards for arts contained in the document 
 15.7   labeled "Minnesota Academic Standards, Arts K-12, May 19, 2003, 
 15.8   Minnesota Department of Education". 
 15.9      (b) The K-12 standards documents must be deposited with the 
 15.10  Minnesota revisor of statutes, the legislative reference 
 15.11  library, and the Minnesota state law library, where the 
 15.12  documents shall be maintained until the commissioner adopts 
 15.13  rules for implementing statewide rigorous core academic 
 15.14  standards in language arts, mathematics and the arts under 
 15.15  Minnesota Statutes, section 120B.021, subdivision 3.  The 
 15.16  revisor must determine that the rules are identical to the 
 15.17  documents deposited with it under this section before the 
 15.18  revisor approves the form of the rules.  In approving the form 
 15.19  of the rules, the revisor may make any needed grammatic and form 
 15.20  changes. 
 15.21     [EFFECTIVE DATE.] This section is effective the day 
 15.22  following final enactment.  
 15.23     Sec. 2.  [RECOMMENDATIONS ON HIGH ACADEMIC STANDARDS.] 
 15.24     The commissioner of children, families, and learning, after 
 15.25  consulting with affected stakeholders, must provide written 
 15.26  recommendations to the committees of the legislature having 
 15.27  jurisdiction over kindergarten through grade 12 education policy 
 15.28  and budget issues by February 1, 2004, that: 
 15.29     (1) identify the cut-scores on high school reading and 
 15.30  mathematics assessments indicating that remedial instruction in 
 15.31  the state's two-year higher education institutions is unneeded; 
 15.32     (2) recommend alternative assessments, including student 
 15.33  portfolios; 
 15.34     (3) recommend whether students must pass state 
 15.35  end-of-course examinations as a requirement for high school 
 15.36  graduation; 
 16.1      (4) evaluate the feasibility of including state percentile 
 16.2   rankings and a national comparison; and 
 16.3      (5) establish a method for using the grade 8 language arts 
 16.4   and math tests to satisfy basic skills requirements. 
 16.5      [EFFECTIVE DATE.] This section is effective the day 
 16.6   following final enactment. 
 16.7      Sec. 3.  [RULES FOR SUPPLEMENTAL SERVICE PROVIDERS.] 
 16.8      The commissioner of children, families, and learning may 
 16.9   adopt rules under Minnesota Statutes, section 14.388, 
 16.10  establishing criteria for identifying, annually reviewing, and 
 16.11  formally listing eligible supplemental education service 
 16.12  providers throughout Minnesota, consistent with applicable 
 16.13  federal requirements and Minnesota's application for 
 16.14  supplemental education service providers under Title 1, Part A, 
 16.15  of the No Child Left Behind Act. 
 16.16     [EFFECTIVE DATE.] This section is effective the day 
 16.17  following final enactment and applies to supplemental education 
 16.18  service providers delivering supplemental English or math 
 16.19  services to eligible students in the 2003-2004 school year and 
 16.20  later.