HF 3347

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; clarifying the appeals process for adequate yearly progress
designations; amending Minnesota Statutes 2007 Supplement, section 120B.36,
subdivision 1.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 120B.36, subdivision 1, is
amended to read:

Subdivision 1.

School performance report cards.

(a) The commissioner shall use
objective criteria based on levels of student performance to report at least student academic
performance, school safety, 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, and staff characteristics, with a value-added component added no
later than the 2008-2009 school year. The report 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 the first performance report cards by
November 2003, and during the beginning of each school year thereafter.

(d) A school or district may appeal its adequate yearly progress new text begin or other new text end status
new text begin determination new text end in writing to the commissioner within 30 days of receiving the notice of its
status deleted text begin . deleted text end new text begin determination. The commissioner must give the affected school or school district
notice and the opportunity for a hearing before an appeals advisory committee within 30
days after the commissioner receives the written appeal. The commissioner must notify
the school or district of the date, time, and place of the hearing at least 21 days before
the hearing date. Within 30 days after the hearing, the appeals advisory committee must
submit a written recommendation to the commissioner regarding whether to grant or
deny the appeal and include the reasons for its recommendation. The commissioner must
finally decide an appeal based on an objective evaluation and must make and transmit to
the school or district the commissioner's evaluation and final decision within 15 days of
receiving the advisory committee recommendation. The commissioner, after consulting
with the appeals advisory committee, may postpone the hearing date under special
circumstances. The appeals advisory committee is composed of five members:
new text end

new text begin (1) a representative of a statewide professional teachers' organization selected by the
organization;
new text end

new text begin (2) a representative of a statewide organization of school administrators selected
by the organization;
new text end

new text begin (3) a representative of a statewide parent and teachers organization selected by the
organization;
new text end

new text begin (4) a representative of a statewide commerce organization having a significant
interest in K-12 education selected by the organization; and
new text end

new text begin (5) a representative of a statewide school boards association selected by the
organization.
new text end

new text begin Three members of the appeals advisory committee shall serve two-year terms and
two members of the appeals advisory committee shall serve three-year terms beginning
July 1, 2008. Appeals advisory committee members' terms and other matters are subject to
section 15.059. The commissioner must reimburse appeals advisory committee members
from federal revenue the department receives under the No Child Left Behind Act. The
appeals advisory committee does not expire.
new text end

new text begin The commissioner must seek the advice of the appeals advisory committee before
deciding an appeal. new text end The commissioner's decision to uphold or deny an appeal is final.

(e) School performance report cards 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 for the 2008-2009 school year and
later.
new text end