SF 1406

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am

A bill for an act
relating to education; establishing state measures of students' achievement
growth; amending Minnesota Statutes 2008, sections 120B.30; 120B.31;
120B.35; 120B.36; proposing coding for new law in Minnesota Statutes, chapter
120B; repealing Minnesota Statutes 2008, section 120B.362.

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

Section 1.

new text begin [120B.299] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Growth. new text end

new text begin "Growth" compares the difference in a student's achievement
score at two or more distinct points in time.
new text end

new text begin Subd. 3. new text end

new text begin Value-added. new text end

new text begin "Value-added" is the amount of achievement a student
demonstrates above an established baseline. The difference between the student's score
and the baseline defines value-added.
new text end

new text begin Subd. 4. new text end

new text begin Growth-based value-added. new text end

new text begin "Growth-based value-added" is based on a
student's growth score. In a growth-based value-added system, the student's first test is
the baseline, and the difference between the student's first and next test scores within a
defined period is the measure of value-added.
new text end

new text begin Subd. 5. new text end

new text begin Adequate yearly progress. new text end

new text begin A school or district makes "adequate yearly
progress" if, for every student subgroup under the federal 2001 No Child Left Behind Act
in the school or district, its proficiency index, based on statewide assessment scores,
meets or exceeds federal expectations. To make adequate yearly progress, the school or
district also must satisfy applicable federal requirements related to student attendance,
graduation, and test participation rates.
new text end

new text begin Subd. 6. new text end

new text begin State growth target. new text end

new text begin (a) "State growth target" is the average year-two
assessment scores for students with similar year-one assessment scores.
new text end

new text begin (b) Beginning in the 2008-2009 school year, the state growth target is benchmarked
to 2006-2007 and 2007-2008 school year data until the assessment scale changes.
new text end

new text begin (c) Each time before the assessment scale changes, a recognized Minnesota
assessment group composed of assessment and evaluation directors and staff and
researchers must recommend a new state growth target that the commissioner must
consider when revising standards under section 120B.023, subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Low growth. new text end

new text begin "Low growth" is an assessment score one-half standard
deviation below the state growth target.
new text end

new text begin Subd. 8. new text end

new text begin Medium growth. new text end

new text begin "Medium growth" is an assessment score within one-half
standard deviation above or below the state growth target.
new text end

new text begin Subd. 9. new text end

new text begin High growth. new text end

new text begin "High growth" is an assessment score one-half standard
deviation or more above the state growth target.
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

Sec. 2.

Minnesota Statutes 2008, section 120B.30, is amended to read:

120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school level. A state-developed test in a
subject other than writing deleted text begin , developed after the 2002-2003 school year, deleted text end must include both
machine-scoreable and constructed response questions. The commissioner shall establish
one or more months during which schools shall administer the tests to students each
school year. new text begin Schools that the commissioner identifies for stand-alone field testing or other
national sampling must participate as directed. Superintendents or charter school directors
may appeal in writing to the commissioner for an exemption from a field test based on
undue hardship. The commissioner's decision regarding the appeal is final. new text end For students
enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic skills tests in
reading, mathematics, and writing shall fulfill students' basic skills testing requirements for
a passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 deleted text begin in 1997 and thereafter,
as deleted text end based on the first uniform test deleted text begin administration of deleted text end new text begin administered in new text end February 1998.

(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(c) The 3rd through 8th grade and high school level test results shall be available
to districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the test results upon receiving those results.

(d) State tests must be constructed and aligned with state academic standards. The new text begin
commissioner shall determine the new text end testing process and the order of administration deleted text begin shall be
determined by the commissioner deleted text end . The statewide results shall be aggregated at the site and
district level, consistent with subdivision 1a.

(e) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations, alternate
assessments, or exemptions consistent with applicable federal law, only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Subd. 1a.

Statewide and local assessments; results.

(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the arts. The commissioner
must require:

(1) annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9 deleted text end new text begin 8 new text end span, and a life sciences assessment in the grades deleted text begin 10 deleted text end new text begin 9 new text end through 12
span for the 2007-2008 school year and later.

(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(c) Reporting of assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include deleted text begin , by no later than the 2008-2009 school year, deleted text end a new text begin growth-based new text end value-added
deleted text begin component that is in addition to a measure for student achievement growth over time deleted text end new text begin
indicator of student achievement under section 120B.35, subdivision 3, paragraph (b) new text end ; and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text begin progress in achieving the deleted text end new text begin proficiency in the context of the state's grade level new text end academic
standards. If a state assessment is not available, a school, school district, and charter
school must determine locally if a student has met the required academic standards. A
school, school district, or charter school may use a student's performance on a statewide
assessment as one of multiple criteria to determine grade promotion or retention. A
school, school district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course, or place a
student's assessment score on the student's transcript.

Subd. 2.

Department of Education assistance.

The Department of Education
shall contract for professional and technical services according to competitive bidding
procedures under chapter 16C for purposes of this section.

Subd. 3.

Reporting.

The commissioner shall report test data publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance. The commissioner shall also report data that
compares performance results among school sites, school districts, Minnesota and other
states, and Minnesota and other nations. The commissioner shall disseminate to schools
and school districts a more comprehensive report containing testing information that
meets local needs for evaluating instruction and curriculum.

Subd. 4.

Access to tests.

The commissioner must adopt and publish a policy
to provide public and parental access for review of basic skills tests, Minnesota
Comprehensive Assessments, or any other such statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or guardians
a copy of their student's actual responses to the test questions deleted text begin to be reviewed by the
parent deleted text end new text begin for their review 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

Sec. 3.

Minnesota Statutes 2008, section 120B.31, is amended to read:

120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.

Subdivision 1.

Educational accountability and public reporting.

Consistent
with the deleted text begin process deleted text end new text begin direction new text end to adopt deleted text begin a results-oriented graduation rule deleted text end new text begin statewide academic
standards new text end under section 120B.02, the department, in consultation with education and
other system stakeholders, must establish a coordinated and comprehensive system of
educational accountability and public reporting that promotes deleted text begin higher deleted text end new text begin greater new text end academic
achievement new text begin , preparation for higher academic education, preparation for the world of
work, citizenship under sections 120B.021, subdivision 1, clause (4), and 120B.024,
paragraph (a), clause (4), and the arts new text end .

Subd. 2.

Statewide testing.

Each school year, all school districts shall give a
uniform statewide test to students at specified grades to provide information on the status,
needs and performance of Minnesota students.

Subd. 3.

Educational accountability.

(a) The Independent Office of Educational
Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established, and shall be funded through the Board of Regents
of the University of Minnesota. The office shall advise the education committees of
the legislature and the commissioner of education, at least on a biennial basis, on the
degree to which the statewide educational accountability and reporting system includes a
comprehensive assessment framework that measures school accountability for students
achieving the goals described in the state's deleted text begin results-oriented deleted text end new text begin high school new text end graduation
rule. The office shall determine and annually report to the legislature whether and how
effectively:

(1) the statewide system of educational accountability deleted text begin utilizes deleted text end new text begin uses new text end multiple
indicators to provide valid and reliable comparative and contextual data on students,
schools, districts, and the state, and if not, recommend ways to improve the accountability
reporting system;

(2) deleted text begin the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);
deleted text end

deleted text begin (3) the commissioner uses indicators of student achievement growth deleted text end new text begin a growth-based
value-added indicator of student achievement new text end over time deleted text begin and a value-added assessment
model that deleted text end estimates the effects of the school and school district on student achievement deleted text begin to
measure deleted text end new text begin and measures new text end school performance, consistent with section deleted text begin 120B.36, subdivision
1 deleted text end new text begin 120B.35, subdivision 3, paragraph (b) new text end ;
new text begin new text end

deleted text begin (4) the commissioner makes deleted text end new text begin (3) new text end data new text begin are new text end available on students who do not pass one
or more of the state's required GRAD tests and do not receive a diploma as a consequence,
and deleted text begin categorizes deleted text end these data new text begin are categorized new text end according to gender, race, eligibility for free
or reduced lunch, and English language proficiency; and

deleted text begin (5) the commissioner fulfills deleted text end new text begin (4) new text end the requirements under section 127A.095,
subdivision 2 new text begin , are met new text end .

(b) When the office reviews the statewide educational accountability and reporting
system, it shall also consider:

(1) the objectivity and neutrality of the state's educational accountability system; and

(2) the impact of a testing program on school curriculum and student learning.

Subd. 4.

Statistical adjustments new text begin ; student performance data new text end .

In developing
policies and assessment processes to hold schools and districts accountable for high
levels of academic standards under section 120B.021, the commissioner shall aggregate
student data over time to report student performance new text begin and growth new text end levels measured at the
new text begin school, new text end school district, deleted text begin regional, or deleted text end new text begin and new text end statewide level. When collecting and reporting
the new text begin performance new text end data, the commissioner shall: (1) acknowledge the impact of significant
demographic factors such as residential instability, the number of single parent families,
parents' level of education, and parents' income level on school outcomes; and (2)
organize and report the data so that state and local policy makers can understand the
educational implications of changes in districts' demographic profiles over time. Any
report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate
with that performance.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2008, section 120B.35, is amended to read:

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESS deleted text end new text begin
GROWTH new text end .

Subdivision 1.

deleted text begin Adequate yearly progress of schools and students deleted text end new text begin School and
student indicators of growth and achievement new text end .

The commissioner must develop and
implement a system for measuring and reporting academic achievement and individual
student deleted text begin progress deleted text end new text begin growth new text end , consistent with the statewide educational accountability and
reporting system. The new text begin system new text end components deleted text begin of the system deleted text end must measure new text begin and separately
report new text end the adequate yearly progress of schools and new text begin the growth of new text end individual students:
students' current achievement in schools under subdivision 2; and individual students'
educational deleted text begin progress deleted text end new text begin growth new text end over time under subdivision 3. The system also must include
statewide measures of student academic deleted text begin achievement deleted text end new text begin growth new text end that identify schools with
high levels of deleted text begin achievement deleted text end new text begin growth new text end , and also schools with low levels of deleted text begin achievement deleted text end new text begin
growth new text end that need improvement. When determining a school's effect, the data must
include both statewide measures of student achievement and, to the extent annual tests
are administered, indicators of achievement growth that take into account a student's
prior achievement. Indicators of achievement and prior achievement must be based on
highly reliable statewide or districtwide assessments. Indicators that take into account a
student's prior achievement must not be used to disregard a school's low achievement or to
exclude a school from a program to improve low achievement levels. deleted text begin The commissioner
by January 15, 2002, must submit a plan for integrating these components to the chairs of
the legislative committees having policy and budgetary responsibilities for elementary
and secondary education.
deleted text end

Subd. 2.

new text begin Federal expectations for new text end student academic achievement.

(a) Each school
year, a school district must determine if the student achievement levels at each school site
meet deleted text begin state and local deleted text end new text begin federal new text end expectations. If student achievement levels at a school site do
not meet deleted text begin state and local deleted text end new text begin federal new text end expectations and the site has not made adequate yearly
progress for two consecutive school years, beginning with the 2001-2002 school year,
the district must work with the school site to adopt a plan to raise student achievement
levels to meet deleted text begin state and local deleted text end new text begin federal new text end expectations. The commissioner of education shall
establish student academic achievement levels new text begin to comply with this paragraph new text end .

(b) School sites identified as not meeting new text begin federal new text end expectations must develop
continuous improvement plans in order to meet deleted text begin state and local deleted text end new text begin federal new text end expectations for
student academic achievement. The department, at a district's request, must assist the
district and the school site in developing a plan to improve student achievement. The plan
must include parental involvement components.

(c) The commissioner must:

(1) deleted text begin provide assistance to deleted text end new text begin assist new text end school sites and districts identified as not meeting
new text begin federal new text end expectations; and

(2) provide technical assistance to schools that integrate student deleted text begin progress deleted text end new text begin
achievement new text end measures deleted text begin under subdivision 3 in deleted text end new text begin into new text end the school continuous improvement
plan.

(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make data on every school and district available to parents, teachers,
administrators, community members, and the general public.

Subd. 3.

deleted text begin Student progress assessment deleted text end new text begin State growth target; other state measures new text end .

(a) The new text begin state's new text end educational assessment system deleted text begin component deleted text end measuring individual students'
educational deleted text begin progress must be deleted text end new text begin growth is new text end based deleted text begin , to the extent annual tests are administered, deleted text end
on indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments.

(b) The commissioner new text begin , in consultation with a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and researchers new text end must
deleted text begin identify effective models for measuring individual student progress that enable a school
district or school site to perform gains-based analysis, including evaluating the effects of
the teacher, school, and school district on student achievement over time. At least one
model must be a "value-added" assessment model that reliably estimates those effects for
classroom settings where a single teacher teaches multiple subjects to the same group
of students, for team teaching arrangements, and for other teaching circumstances. deleted text end new text begin
implement a model that uses a growth-based value-added system and includes criteria
for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299. The system may be used to advance educators' professional
development and replicate programs that succeed in meeting students' diverse learning
needs. Data on individual teachers generated under the model are personnel data under
section 13.43. The model must allow users to:
new text end

new text begin (1) report student growth consistent with this paragraph; and
new text end

new text begin (2) for all student categories with a cell size of at least 20, report and compare
aggregated and disaggregated state growth data using the nine student categories identified
under the federal 2001 No Child Left Behind Act and two student gender categories
of male and female, respectively.
new text end

new text begin The commissioner must report separate measures of student growth and proficiency,
consistent with this paragraph.
new text end

(c) deleted text begin If a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
those measures in determining whether the district or school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practices. deleted text end new text begin When reporting student performance
under section 120B.36, subdivision 1, the commissioner annually, beginning July 1,
2011, must report two core measures indicating the extent to which current high school
graduates are being prepared for postsecondary academic and career opportunities:
new text end

new text begin (1) a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent with
the core academic subjects required for admission to Minnesota's public colleges and
universities as determined by the Office of Higher Education under chapter 136A; and
new text end

new text begin (2) a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.
new text end

new text begin When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively.
new text end

new text begin (d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2013, must report summary data on school
safety and students' engagement and connection at school. The summary data under this
paragraph are separate from and must not be used for any purpose related to measuring
or evaluating the performance of classroom teachers. The commissioner, in consultation
with qualified experts on student engagement and connection and classroom teachers,
must identify highly reliable variables that generate summary data under this paragraph.
The summary data may be used at school, district, and state levels only. Any data on
individuals received, collected, or created that are used to generate the summary data
under this paragraph are nonpublic data under section 13.02, subdivision 9.
new text end

Subd. 4.

Improving schools.

Consistent with the requirements of this section, the
commissioner of education must deleted text begin establish a second achievement benchmark to identify
improving schools. The commissioner must recommend to deleted text end new text begin annually report to the public
and new text end the legislature deleted text begin by February 15, 2002, indicators in addition to the achievement
benchmark for identifying improving schools, including an indicator requiring a school
to demonstrate ongoing successful use of best teaching practices deleted text end new text begin best practices learned
from those schools that demonstrate medium and high growth compared to the state
growth target new text end .

Subd. 5.

Improving graduation rates for students with emotional or behavioral
disorders.

(a) A district must develop strategies in conjunction with parents of students
with emotional or behavioral disorders and the county board responsible for implementing
sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in
school, when the district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to increase the
graduation rates of students with emotional or behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for review and oversight
to the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 3, paragraph (b), applies to students in the
2008-2009 school year and later. Subdivision 3, paragraph (c), applies to students in the
2010-2011 school year and later. Subdivision 3, paragraph (d), applies to data that are
collected in the 2010-2011 school year and later and reported annually beginning July 1,
2013, consistent with advice the commissioner receives from recognized and qualified
experts on student engagement and connection and classroom teachers. Subdivision 4
applies in the 2011-2012 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2008, section 120B.36, is amended to read:

120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.

Subdivision 1.

School performance report cards.

(a) The commissioner shall deleted text begin use
objective criteria based on levels of student performance to deleted text end report deleted text begin at least deleted text end student academic
performance new text begin under section 120B.35, subdivision 2, the percentages of students showing
low, medium, and high growth under section 120B.35, subdivision 3, paragraph (b) new text end ,
school safety new text begin and student engagement and connection under section 120B.35, subdivision
3, paragraph (d), rigorous coursework under section 120B.35, subdivision 3, paragraph
(c) 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,
deleted text begin and deleted text end staff characteristics new text begin excluding salaries new text end , deleted text begin with a value-added component added no later
than the 2008-2009 school year deleted text end new text begin student enrollment demographics, district mobility, and
extracurricular activities new text end . deleted text begin 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.
deleted text end

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.

(c) The commissioner must make available deleted text begin the first deleted text end performance report cards by
deleted text begin November 2003, and during deleted text end the beginning of each school year deleted text begin thereafter deleted text end .

(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 deleted text begin cards deleted text end new text begin card new text end 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.

Subd. 2.

Adequate yearly progress data.

All data the department receives,
collects, or creates deleted text begin for purposes of determining deleted text end new text begin to determine new text end adequate yearly progress
deleted text begin designations deleted text end new text begin status new text end under Public Law 107-110, section 1116, new text begin set state growth targets, and
determine student growth new text end are nonpublic data under section 13.02, subdivision 9, until not
later than ten days after the appeal procedure described in subdivision 1, paragraph (d),
concludes. Districts must provide parents sufficiently detailed summary data to permit
parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall
annually post new text begin federal new text end adequate yearly progress data new text begin and state student growth data new text end 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 the day following final enactment.
new text end

Sec. 6. new text begin IMPLEMENTING RIGOROUS COURSEWORK MEASURES
RELATED TO STUDENT PERFORMANCE.
new text end

new text begin To implement the requirements of Minnesota Statutes, section 120B.35, subdivision
3, paragraph (c), clauses (1) and (2), and to help parents and members of the public better
understand the reported data, the commissioner of education must convene a group of
recognized and qualified experts and interested stakeholders, including parents among
other stakeholders, to develop a model projecting anticipated performance of each high
school on preparation and rigorous coursework measures that compares the school with
similar schools. The model must use information about entering high school students
based on particular background characteristics that are predictive of differing rates of
college readiness. These characteristics include grade 8 achievement levels, high school
student mobility, high school student attendance, and the size of each entering ninth grade
class. The group of experts and stakeholders may examine other characteristics not part
of the prediction model including the nine student categories identified under the federal
2001 No Child Left Behind Act, and two student gender categories of male and female,
respectively. The commissioner annually must use the predicted level of entering students'
performance to provide a context for interpreting graduating students' actual performance.
The group convened under this section expires June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school report cards beginning July 1, 2011.
new text end

Sec. 7. new text begin IMPLEMENTING MEASURES FOR ASSESSING SCHOOL SAFETY
AND STUDENTS' ENGAGEMENT AND CONNECTION AT SCHOOL .
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (d), the commissioner of education, in consultation with
interested stakeholders, including parents and teachers among other stakeholders,
must convene a group of recognized and qualified experts on student engagement and
connection and classroom teachers currently teaching in Minnesota schools to:
new text end

new text begin (1) identify highly reliable variables of student engagement and connection that
may include student attendance, home support for learning, and student participation in
out-of-school activities, among other variables; and
new text end

new text begin (2) determine how to report "safety" in order to comply with federal law.
new text end

new text begin (b) The commissioner must submit a written report and all the group's working
papers to the education committees of the house of representatives and senate by February
15, 2010, presenting the group's responses to paragraph (a), clauses (1) and (2). The
commissioner must submit a second, related report to the education committees of the
legislature by February 15, 2013, indicating the content and analysis of and the format
for reporting the data collected in the 2010-2011 and 2011-2012 school years under
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (d). The group convened
under this section expires December 31, 2013.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school report cards beginning July 1, 2013.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 120B.362, new text end new text begin is repealed.
new text end