HF 638

as introduced - 87th Legislature (2011 - 2012) Posted on 02/21/2011 10:06am

A bill for an act
relating to education; creating a school grading system; creating a school
recognition program; modifying school report cards; authorizing rulemaking;
requiring a report; amending Minnesota Statutes 2010, section 120B.36,
subdivision 1, by adding subdivisions; 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 2010, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance report cards.

(a) The commissioner shall
report new text begin the school's improvement rating under subdivision 3; the district's grade under
subdivision 4; the school's grade under section 120B.37, subdivision 3; new text end 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); 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.

Sec. 2.

Minnesota Statutes 2010, section 120B.36, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin School improvement rating. new text end

new text begin The annual report shall identify each
school's performance as having improved, remained the same, or declined. This school
improvement rating shall be based on a comparison of the current year's and previous
year's student and school performance data.
new text end

Sec. 3.

Minnesota Statutes 2010, section 120B.36, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin District grade. new text end

new text begin The annual report under subdivision 1, shall include
a district grade, which shall consist of weighted district average grades, by level, for all
elementary schools, middle schools, and high schools in the district. A district's weighted
average grade shall be calculated by weighting individual school grades under subdivision
1, determined pursuant to section 120B.37, by school enrollment.
new text end

Sec. 4.

new text begin [120B.37] SCHOOL GRADING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this
section.
new text end

new text begin (b) "Eligible student" means any student, except a student:
new text end

new text begin (1) attending an alternative school who is subject to school district or charter school
policies for expulsion for repeated or serious offenses;
new text end

new text begin (2) who is in a dropout retrieval program serving students who have officially been
designated as dropouts; or
new text end

new text begin (3) who are in programs operated or contracted by the Department of Juvenile
Justice.
new text end

new text begin Subd. 2. new text end

new text begin Grading system. new text end

new text begin (a) The Department of Education shall adopt rules
creating a formula for determining a school's score consistent with:
new text end

new text begin (1) 50 percent based on the aggregate scores of all eligible students enrolled in
the school who have been assessed on all statewide, standardized assessments required
under section 120B.30;
new text end

new text begin (2) 25 percent based on student learning gains in reading and mathematics as
measured under section 120B.35;
new text end

new text begin (3) 15 percent based on the student learning gains as measured under section
120B.35, of the lowest quartile of students in the school in reading on the assessments
required under section 120B.30, unless these students are at or above grade level
performance; and
new text end

new text begin (4) ten percent based on the student learning gains as measured under section
120B.35, of the lowest quartile of students in the school in mathematics on the assessments
required under section 120B.30, unless these students are at or above grade level
performance.
new text end

new text begin (b) The Department of Education shall adopt rules setting cutoff scores for the
following school grades:
new text end

new text begin (1) "A," schools making excellent progress;
new text end

new text begin (2) "B," schools making above average progress;
new text end

new text begin (3) "C," schools making satisfactory progress;
new text end

new text begin (4) "D," schools making less than satisfactory progress; and
new text end

new text begin (5) "F," schools failing to make adequate progress.
new text end

new text begin (c) In any year in which 80 percent or more of the schools that have a grade applied
under subdivision 3 earn a grade of A or B, the department shall raise the score required to
earn a school grade for that level of school by five percent statewide.
new text end

new text begin Subd. 3. new text end

new text begin Application of grades. new text end

new text begin Each school that has students who are tested and
included in the school grading system shall receive a school grade, unless the number of
its students tested and included in the school grading system is less than the minimum
sample size necessary, based on accepted professional practice, for statistical reliability
and prevention of the unlawful release of personally identifiable student data.
new text end

Sec. 5.

new text begin [120B.38] SCHOOL RECOGNITION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Findings and intent. new text end

new text begin The legislature finds that there is a need for
a performance incentive program for outstanding faculty and staff in highly productive
schools. The legislature further finds that performance-based incentives are commonplace
in the private sector and should be infused into the public sector as a reward for
productivity.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin All school sites, including charter schools, are eligible to
receive school recognition awards if:
new text end

new text begin (1) a school received an "A" under section 120B.37, subdivision 3, in the previous
school year;
new text end

new text begin (2) a school improved at least one letter grade under section 120B.37, subdivision 3,
in the previous school year; or
new text end

new text begin (3) a school that had improved more than one letter grade, two years prior, under
section 120B.37, subdivision 3, maintained that letter grade in the previous school year.
new text end

new text begin Subd. 3. new text end

new text begin Distribution. new text end

new text begin The Department of Education shall annually divide the
appropriation for school recognition awards by the number of pupils served in all schools
eligible that year under subdivision 2, and distribute to each school its share. Funds must
be distributed to the school's fiscal agent and placed in the school's account and must be
used for purposes listed in subdivision 4, as determined jointly by the school's staff. If
school staff cannot reach agreement by November 1, the awards will be distributed by the
school principal or charter school director.
new text end

new text begin Subd. 4. new text end

new text begin Usage. new text end

new text begin (a) School recognition awards must be used for the following:
new text end

new text begin (1) nonrecurring bonuses to the faculty and staff;
new text end

new text begin (2) nonrecurring expenditures for educational equipment or materials to assist in
maintaining and improving student performance; or
new text end

new text begin (3) temporary personnel for the school to assist in maintaining and improving
student performance.
new text end

new text begin (b) Notwithstanding any law to the contrary, school recognition awards are not
subject to collective bargaining.
new text end

Sec. 6. new text begin INCREASED FINANCIAL FLEXIBILITY REPORT.
new text end

new text begin The Department of Education, by February 1, 2012, shall report to the legislative
committees with jurisdiction over kindergarten through grade 12 education policy and
finance, recommendations on fiscal mandates that could be waived to give schools
that achieve an "A" under Minnesota Statutes, section 120B.37, subdivision 3, or that
improve more than one grade within a year, under Minnesota Statutes, section 120B.37,
subdivision 3, greater financial flexibility.
new text end

Sec. 7. new text begin RULEMAKING.
new text end

new text begin The Department of Education shall adopt rules to implement the school grading
system under Minnesota Statutes, section 120B.37, and the school recognition program
under Minnesota Statutes, section 120B.38.
new text end