SF 1244

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing condition for the
continued implementation of No Child Left Behind;
appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 127A.

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

Section 1.

new text begin [127A.095] IMPLEMENTATION OF NO CHILD LEFT
BEHIND ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Continued implementation. new text end

new text begin The Department
of Education shall continue to implement the federal No Child
Left Behind Act, Public Law 107-110, without interruption until
June 30, 2006.
new text end

new text begin Subd. 2. new text end

new text begin No child left behind nullification. new text end

new text begin (a) The
consolidated state plan submitted by the state to the federal
Department of Education on implementing the No Child Left Behind
Act, Public Law 107-110, and any other Minnesota state contract
or agreement under the provisions of the No Child Left Behind
Act, shall be nullified and revoked by the commissioner of
education on July 1, 2006.
new text end

new text begin (b) The commissioner shall report to the education funding
divisions and the education policy committees of the house of
representatives and the senate by April 1, 2006, whether the
following conditions have been met:
new text end

new text begin (1) the Department of Education has received approval from
the federal Department of Education to allow the state to
develop a plan using multiple measures including value-added
measurement of student achievement in addition to relying on
standardized test results to evaluate school and student
performance for the purpose of determining adequate yearly
progress;
new text end

new text begin (2) the Department of Education has received approval from
the federal Department of Education to allow the state to
average three years of data for the purposes of identifying a
school for improvement;
new text end

new text begin (3) the Department of Education has developed a plan and
model legislation to ensure that if an adequate yearly progress
determination was made in error, that the error will not
adversely affect the school's or school district's sanction
status in subsequent years. The Department of Education must
have a policy in place to correct errors to accountability
reports;
new text end

new text begin (4) the Department of Education has reported the additional
costs for state fiscal years 2006 to 2009 that the No Child Left
Behind Act imposes on the state, the state's school districts,
and charter schools that are in excess of costs associated with
the Improving America's Schools Act of 1994, Public Law 103-382;
new text end

new text begin (5) the Department of Education has received approval from
the federal Department of Education to allow the state to use No
Child Left Behind money to provide supplemental education
services only in the academic subject area that causes a school
to miss adequate yearly progress;
new text end

new text begin (6) the Department of Education has received approval from
the federal Department of Education to exclude from sanctions
schools that have not made adequate yearly progress solely due
to a subgroup of students with disabilities not testing at a
proficient level;
new text end

new text begin (7) the Department of Education has received approval from
the federal Department of Education to exclude from sanctions a
school that is classified as not having made adequate yearly
progress solely due to different subgroups testing below
proficient levels for at least two consecutive years;
new text end

new text begin (8) the Department of Education has received approval from
the federal Department of Education to identify a school as not
making adequate yearly progress only after missing the adequate
yearly progress targets in the same subject and subgroup for two
consecutive years;
new text end

new text begin (9) the Department of Education has received approval from
the federal Department of Education to identify a district as in
need of improvement only after missing the adequate yearly
progress target in the same subject across multiple grade spans
for two consecutive years;
new text end

new text begin (10) the Department of Education has received approval from
the federal Department of Education to limit the score of a
student within multiple subgroups to the one subgroup that is
the smallest subgroup in which that student is a part of when
calculating adequate yearly progress;
new text end

new text begin (11) the Department of Education has implemented a uniform
financial reporting system for school districts to report costs
related to implementing No Child Left Behind Act requirements,
including the costs of complying with sanctions;
new text end

new text begin (12) the Department of Education has received approval from
the federal Department of Education to determine the percentage
of the special education students that would be best educated
based on out-of-level standards and tested accordingly based on
an individual education plan; and
new text end

new text begin (13) the Department of Education has received approval from
the federal Department of Education to determine when to hold
schools accountable for including a student with limited English
proficiency in adequate yearly progress calculations.
new text end

new text begin (c) The state's continued implementation of the No Child
Left Behind Act shall be discontinued effective July 1, 2006,
unless the legislature passes a law during the 2006 regular
legislative session establishing the legislature's satisfaction
that the requirements under paragraph (b) have been met.
new text end

new text begin Subd. 3. new text end

new text begin Department of finance certification. new text end

new text begin If the
legislature does not pass a law authorizing continued
implementation of the No Child Left Behind Act under subdivision
2, paragraph (c), the commissioner of finance shall certify and
report to the legislature beginning January 1, 2007, and each
year thereafter the amount of federal revenue, if any, that has
been withheld by the federal government as a result of the
state's discontinued implementation of the No Child Left Behind
Act. The report shall also specify the intended purpose of the
federal revenue and the amount of revenue withheld from the
state, each school district, and each charter school in each
fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Annual contingent appropriation. new text end

new text begin For fiscal
year 2007 and thereafter, an amount equal to the federal revenue
withheld in the same fiscal year as a result of the state's
discontinued implementation of the No Child Left Behind Act, as
certified by the commissioner of finance under subdivision 3, is
appropriated from the general fund to the commissioner of
education. The commissioner of education shall allocate the
appropriation under this section according to the report from
the commissioner of finance in subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end