HF 498

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2016 12:50pm

A bill for an act
relating to education; providing for physical education standards and benchmarks;
amending Minnesota Statutes 2014, sections 120B.021, subdivisions 1, 3, 4;
120B.36, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 120B.

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

Section 1.

Minnesota Statutes 2014, section 120B.021, subdivision 1, is amended to
read:

Subdivision 1.

Required academic standards.

(a) The following subject areas
are required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

new text begin (c) The department must adopt the most recent National Association of Sport and
Physical Education kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments for school districts to assess students'
mastery of the physical education standards beginning in the 2018-2019 school year.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end District efforts to develop, implement, or improve instruction or curriculum
as a result of the provisions of this section must be consistent with sections 120B.10,
120B.11, and 120B.20.

Sec. 2.

Minnesota Statutes 2014, section 120B.021, subdivision 3, is amended to read:

Subd. 3.

Rulemaking.

The commissioner, consistent with the requirements of
this section and section 120B.022, must adopt statewide rules under section 14.389 for
implementing statewide rigorous core academic standards in language arts, mathematics,
science, social studies, new text begin physical education, new text end and the arts. After the rules authorized under
this subdivision are initially adopted, the commissioner may not amend or repeal these
rules nor adopt new rules on the same topic without specific legislative authorization. The
academic standards for language arts, mathematics, and the arts must be implemented for
all students beginning in the 2003-2004 school year. The academic standards for science
and social studies must be implemented for all students beginning in the 2005-2006 school
year.

Sec. 3.

Minnesota Statutes 2014, section 120B.021, subdivision 4, is amended to read:

Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a ten-year cycle to review and, consistent
with the review, revise state academic standards and related benchmarks, consistent with
this subdivision. During each ten-year review and revision cycle, the commissioner also
must examine the alignment of each required academic standard and related benchmark
with the knowledge and skills students need for career and college readiness and advanced
work in the particular subject area. The commissioner must include the contributions of
Minnesota American Indian tribes and communities as related to the academic standards
during the review and revision of the required academic standards.

(b) The commissioner must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year and every ten years
thereafter.

(c) The commissioner must implement a review of the academic standards and related
benchmarks in arts beginning in the 2016-2017 school year and every ten years thereafter.

(d) The commissioner must implement a review of the academic standards and
related benchmarks in science beginning in the 2017-2018 school year and every ten
years thereafter.

(e) The commissioner must implement a review of the academic standards and
related benchmarks in language arts beginning in the 2018-2019 school year and every
ten years thereafter.

(f) The commissioner must implement a review of the academic standards and
related benchmarks in social studies beginning in the 2019-2020 school year and every
ten years thereafter.

new text begin (g) The commissioner must implement a review of the academic standards and
related benchmarks in physical education beginning in the 2024-2025 school year and
every ten years thereafter.
new text end

deleted text begin (g) deleted text end new text begin (h) new text end School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, world languages, and career
and technical education to require students to complete the revised standards beginning
in a school year determined by the school district or charter school. School districts and
charter schools must formally establish a periodic review cycle for the academic standards
and related benchmarks in health, world languages, and career and technical education.

Sec. 4.

new text begin [120B.026] PHYSICAL EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Exclusion from class; recess. new text end

new text begin A student may be excused from a
physical education class if the student submits written information signed by a physician
stating that physical activity will jeopardize the student's health, among other excuses
sanctioned by school policies. A student may be excused from a physical education class
if being excused meets the child's unique and individualized needs according to the
child's individualized education program, federal 504 plan, or individualized health plan.
A student may be excused if a parent or guardian requests an exemption on religious
grounds. A student with a disability must be provided with modifications or adaptations
that allow physical education class to meet their needs. Schools are strongly encouraged
not to exclude students in kindergarten through grade 5 from recess due to punishment or
disciplinary action.
new text end

new text begin Subd. 2. new text end

new text begin Teachers. new text end

new text begin Physical education must be taught by teachers who are licensed
to teach physical education or provide cocurricular instruction. A physical education
teacher shall be adequately prepared and regularly participate in professional development
activities under section 122A.60.
new text end

Sec. 5.

Minnesota Statutes 2014, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance reports.

(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); the percentage of students under section 120B.35, subdivision
3, paragraph (b), clause (2), whose progress and performance levels are meeting career
and college readiness benchmarks under sections 120B.30, subdivision 1, and 120B.35,
subdivision 3, paragraph (e); longitudinal data on the progress of eligible districts in
reducing disparities in students' academic achievement and realizing racial and economic
integration under section 124D.861; the acquisition of English, and where practicable,
native language academic literacy, including oral academic language, and the academic
progress of English learners under section 124D.59, subdivisions 2 and 2a; new text begin the weekly
amount of time students in kindergarten through grade 8 are scheduled to spend in physical
education class, the percent of students in kindergarten through grade 12 who receive a
passing grade in physical education, and the number of required physical education credits
high school students must complete to graduate; 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 under applicable federal law,
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 reports.

(c) The commissioner must make available performance reports 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 data are nonpublic data under section 13.02, subdivision 9,
until the commissioner publicly releases the data. The commissioner shall annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
shall post the school performance reports no later than October 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to reports for the 2017-2018 school year and later.
new text end