SF 2108

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; permitting school districts to 
  1.3             implement the profile of learning or offer other 
  1.4             learning experiences; providing for state and local 
  1.5             testing; appropriating money; amending Minnesota 
  1.6             Statutes 2000, sections 120A.22, subdivision 9; 
  1.7             120B.02; 120B.031, by adding a subdivision; 120B.30, 
  1.8             subdivision 1, by adding a subdivision; 120B.31, 
  1.9             subdivision 4; 126C.10, subdivision 2; 136A.233, 
  1.10            subdivision 4; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 120B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 120A.22, 
  1.14  subdivision 9, is amended to read: 
  1.15     Subd. 9.  [CURRICULUM.] (a) Instruction must be provided in 
  1.16  at least the following subject areas:  
  1.17     (1) basic communication skills including reading and 
  1.18  writing, literature, and fine arts; 
  1.19     (2) mathematics and science; 
  1.20     (3) social studies including history, geography, and 
  1.21  government; and 
  1.22     (4) health and physical education.  
  1.23     (b) A district that does not implement the profile of 
  1.24  learning under sections 120B.02, 120B.031, and related sections 
  1.25  must decide matters related to planning, providing, and 
  1.26  improving educational instruction and curriculum, consistent 
  1.27  with paragraph (a).  A district under this paragraph must 
  1.28  develop a process to evaluate the impact of instruction and 
  2.1   curriculum on students' ability to meet applicable state testing 
  2.2   and local graduation requirements. 
  2.3      The process a district develops may be consistent with 
  2.4   section 120B.11.  
  2.5      (c) Instruction, textbooks, and materials must be in the 
  2.6   English language.  Another language may be used pursuant to 
  2.7   sections 124D.59 to 124D.61. 
  2.8      [EFFECTIVE DATE.] This section is effective the day 
  2.9   following final enactment.  
  2.10     Sec. 2.  Minnesota Statutes 2000, section 120B.02, is 
  2.11  amended to read: 
  2.12     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  2.13  REQUIREMENTS; PROFILE OF LEARNING.] 
  2.14     (a) The legislature is committed to establishing a 
  2.15  rigorous, results-oriented graduation rule for Minnesota's 
  2.16  public school students.  To that end, the commissioner shall use 
  2.17  its rulemaking authority under section 127A.05, subdivision 4, 
  2.18  to adopt a statewide, results-oriented graduation rule to be 
  2.19  implemented starting with students beginning ninth grade in the 
  2.20  1996-1997 school year.  The commissioner shall not prescribe in 
  2.21  rule or otherwise the delivery system or form of instruction 
  2.22  that school sites must use to meet the requirements contained in 
  2.23  this rule.  For purposes of this chapter, a school site is a 
  2.24  separate facility, or a separate program within a facility that 
  2.25  a local school board recognizes as a school site.  
  2.26     (b) To successfully accomplish paragraph (a), the 
  2.27  commissioner shall set in rule high academic standards for all 
  2.28  students.  The standards must contain the foundational skills in 
  2.29  the three core curricular areas of reading, writing, and 
  2.30  mathematics while meeting requirements for high school 
  2.31  graduation.  The standards must also provide an opportunity for 
  2.32  students to excel by meeting higher academic standards through a 
  2.33  profile of learning that uses curricular requirements to allow 
  2.34  students to expand their knowledge and skills beyond the 
  2.35  foundational skills.  All commissioner actions regarding the 
  2.36  rule must be premised on the following:  
  3.1      (1) the rule is intended to raise academic expectations for 
  3.2   students, teachers, and schools; 
  3.3      (2) any state action regarding the rule must evidence 
  3.4   consideration of school district autonomy; and 
  3.5      (3) the department of children, families, and learning, 
  3.6   with the assistance of school districts, must make available 
  3.7   information about all state initiatives related to the rule to 
  3.8   students and parents, teachers, and the general public in a 
  3.9   timely format that is appropriate, comprehensive, and readily 
  3.10  understandable. 
  3.11     (c) For purposes of adopting the rule, the commissioner, in 
  3.12  consultation with the department, recognized psychometric 
  3.13  experts in assessment, and other interested and knowledgeable 
  3.14  educators, using the most current version of professional 
  3.15  standards for educational testing, shall evaluate the 
  3.16  alternative approaches to assessment.  
  3.17     (d) The content of the graduation rule must differentiate 
  3.18  between minimum competencies reflected in the basic requirements 
  3.19  assessment and rigorous profile of learning standards.  When 
  3.20  fully implemented, the requirements for high school graduation 
  3.21  in Minnesota must include both contain basic requirements and 
  3.22  the required profile of learning, which districts may implement 
  3.23  as an alternative to providing instruction under section 
  3.24  120A.22, subdivision 9, paragraphs (a) and (b).  The profile of 
  3.25  learning must measure student academic performance using 
  3.26  performance-based academic assessments or tests compiled over 
  3.27  time that integrate and measure higher academic standards, 
  3.28  higher order thinking skills, and application of knowledge 
  3.29  from a variety of content areas.  The profile of learning shall 
  3.30  include a broad range of academic experience and accomplishment 
  3.31  necessary to achieve the goal of preparing students to function 
  3.32  effectively as purposeful thinkers, effective communicators, 
  3.33  self-directed learners, productive group participants, and 
  3.34  responsible citizens be independent and contributing members of 
  3.35  a self-governed society.  
  3.36     (e) The profile of learning contains the following learning 
  4.1   areas: 
  4.2      (1) read, listen, and view; 
  4.3      (2) write and speak; 
  4.4      (3) arts and literature; 
  4.5      (4) mathematical concepts and applications; 
  4.6      (5) inquiry and research; 
  4.7      (6) scientific concepts and applications; 
  4.8      (7) social studies; 
  4.9      (8) physical education and lifetime fitness; 
  4.10     (9) economics and business; 
  4.11     (10) world languages; and 
  4.12     (11) technical and vocational education. 
  4.13     (f) The commissioner shall periodically review and report 
  4.14  on the assessment process and student achievement with the 
  4.15  expectation of raising the standards and expanding high school 
  4.16  graduation requirements in participating school districts. 
  4.17     (g) Beginning August 31, 2000, the commissioner must 
  4.18  publish, including in electronic format for the Internet, a 
  4.19  report, by school site, area learning center, and charter 
  4.20  school, of: 
  4.21     (1) the required preparatory content standards; 
  4.22     (2) the high school content standards required for 
  4.23  graduation; and 
  4.24     (3) the number of student waivers the district, area 
  4.25  learning center, or charter school approves under section 
  4.26  120B.031, subdivisions 4, 5, and 6, based on information each 
  4.27  district, area learning center, and charter school provides. 
  4.28     (h) Participating school districts must integrate required 
  4.29  and elective content standards in the scope and sequence of the 
  4.30  district curriculum. 
  4.31     (i) (h) School districts are not required to adopt, and 
  4.32  students are not required to participate in, specific provisions 
  4.33  of the Goals 2000 and the, federal School-to-Work programs, the 
  4.34  National Assessment of Educational Progress, and Title I of the 
  4.35  Elementary and Secondary Education Act. 
  4.36     [EFFECTIVE DATE.] This section is effective the day 
  5.1   following final enactment.  
  5.2      Sec. 3.  Minnesota Statutes 2000, section 120B.031, is 
  5.3   amended by adding a subdivision to read: 
  5.4      Subd. 13.  [APPLICABILITY.] Notwithstanding other law to 
  5.5   the contrary, the provisions of this section that directly or 
  5.6   indirectly relate to developing and implementing the profile of 
  5.7   learning apply only to those districts that choose to implement 
  5.8   the profile of learning as an alternative to providing 
  5.9   instruction under section 120A.22, subdivision 9, paragraphs (a) 
  5.10  and (b). 
  5.11     [EFFECTIVE DATE.] This section is effective the day 
  5.12  following final enactment.  
  5.13     Sec. 4.  Minnesota Statutes 2000, section 120B.30, 
  5.14  subdivision 1, is amended to read: 
  5.15     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  5.16  with advice from experts with appropriate technical 
  5.17  qualifications and experience and stakeholders, shall include in 
  5.18  the comprehensive assessment system, for each grade level to be 
  5.19  tested, a test, which shall be aligned with the state's 
  5.20  graduation standards and administered annually to all students 
  5.21  in the third, fifth, and eighth grades.  The commissioner shall 
  5.22  establish one or more months during which schools shall 
  5.23  administer the basic skills tests to students each school year.  
  5.24  Only Minnesota basic skills tests in reading, mathematics, and 
  5.25  writing shall fulfill students' basic skills testing 
  5.26  requirements for a passing state notation.  The passing scores 
  5.27  of the state tests in reading and mathematics are the equivalent 
  5.28  of:  
  5.29     (1) 70 percent correct for students entering grade 9 in 
  5.30  1996; and 
  5.31     (2) 75 percent correct for students entering grade 9 in 
  5.32  1997 and thereafter, as based on the first uniform test 
  5.33  administration of February 1998.  
  5.34     Notwithstanding Minnesota Rules, part 3501.0050, subpart 2, 
  5.35  at the written request of a parent or guardian, and with the 
  5.36  recommendation of the student's teacher, a district may offer 
  6.1   the test of basic requirements in reading, math, or writing to 
  6.2   an individual student beginning in grade 5.  The student must 
  6.3   take the same test on the same date as administered to students 
  6.4   in eighth grade or higher.  Third and fifth grade test results 
  6.5   shall be available to districts for diagnostic purposes 
  6.6   affecting student learning and district instruction and 
  6.7   curriculum, and for establishing educational accountability.  
  6.8   The commissioner must disseminate to the public the third and 
  6.9   fifth grade test results upon receiving those results. 
  6.10     (b) In addition, at the secondary level, districts shall 
  6.11  assess student performance in all required learning areas and 
  6.12  selected required standards within each area of the profile of 
  6.13  learning.  The testing instruments and testing process shall be 
  6.14  determined by the commissioner.  The results shall be aggregated 
  6.15  at the site and district level.  The testing shall be 
  6.16  administered beginning in the 1999-2000 school year and 
  6.17  thereafter. A statewide test under this section shall be: 
  6.18     (1) in multiple choice question format with only one 
  6.19  factually correct answer, except for writing, which may include 
  6.20  an essay requirement; 
  6.21     (2) academic, objective, and not pertain to the personal 
  6.22  characteristics, values, attitudes, or conscientiously held 
  6.23  beliefs of students; and 
  6.24     (3) made available in its entirety, including questions, 
  6.25  answer key, and aggregate results, to the public and be reported 
  6.26  to the department and the office of educational accountability 
  6.27  within 60 days of its administration.  Upon request, a parent of 
  6.28  a student who participated in the testing program shall receive 
  6.29  a copy of each test in its entirety and the results for the 
  6.30  child. 
  6.31     (c) The commissioner shall report aggregate school site and 
  6.32  school district student academic basic skills achievement levels 
  6.33  of the current and two immediately preceding school years.  The 
  6.34  report shall include students' unweighted mean test scores in 
  6.35  each tested subject, the unweighted mean test scores of only 
  6.36  those students enrolled in the school by January 1 of the 
  7.1   previous school year, and the unweighted test scores of all 
  7.2   students except those students receiving limited English 
  7.3   proficiency instruction.  The report also shall record 
  7.4   separately, in proximity to the reported performance levels, the 
  7.5   percentages of students who are eligible to receive a free or 
  7.6   reduced price school meal, demonstrate limited English 
  7.7   proficiency, or are eligible to receive special education 
  7.8   services. 
  7.9      (d) Each school year, a school district must administer a 
  7.10  uniform testing program to determine if student academic 
  7.11  achievement levels at each school site in the third, fifth, and 
  7.12  tenth grades meet local expectations.  If student achievement 
  7.13  levels at a school site do not meet local expectations for two 
  7.14  out of three consecutive school years, the district must work 
  7.15  with the school site to adopt a plan to raise student 
  7.16  achievement levels to meet local expectations.  
  7.17     (e) The testing program shall measure knowledge in the 
  7.18  following subject areas: 
  7.19     (1) for third grade, at least math and language arts, which 
  7.20  shall include reading, writing, grammar, vocabulary, and 
  7.21  spelling; and 
  7.22     (2) for fifth and tenth grades: 
  7.23     (i) math; 
  7.24     (ii) language arts, which shall include reading, writing, 
  7.25  grammar, vocabulary, and spelling; 
  7.26     (iii) science; 
  7.27     (iv) history, which shall include an emphasis on the United 
  7.28  States and Minnesota; and 
  7.29     (v) geography. 
  7.30     (f) The testing program shall be selected by the school 
  7.31  district and may include nationally normed tests, the placement 
  7.32  tests or their equivalents used by Minnesota post-secondary 
  7.33  institutions, locally developed tests, or other valid tests.  
  7.34  Each test shall be: 
  7.35     (1) in multiple choice question format with only one 
  7.36  factually correct answer for each question, except for language 
  8.1   arts, which may include an essay requirement; 
  8.2      (2) academic, objective, and not pertain to the personal 
  8.3   characteristics, values, attitudes, or conscientiously held 
  8.4   beliefs of students; 
  8.5      (3) secure, confidential, timed, and not permit the use of 
  8.6   any outside aid or reference, except that calculators may be 
  8.7   permitted at the secondary level and special accommodations may 
  8.8   be permitted for students with an individualized education plan 
  8.9   or pursuant to federal law for students with disabilities; 
  8.10     (4) comprehensive enough to include questions that would 
  8.11  identify students of academic excellence; and 
  8.12     (5) made available in its entirety, including questions, 
  8.13  answer key, and aggregate results, to the public and be reported 
  8.14  to the department and the office of educational accountability 
  8.15  within 60 days of its administration.  Upon request, a parent of 
  8.16  a student who participated in the testing program shall receive 
  8.17  a copy of each test in its entirety and the results for the 
  8.18  child. 
  8.19     (g) In addition to the testing and reporting requirements 
  8.20  under paragraphs (a), (b), and (c), the commissioner shall 
  8.21  include the following components in the statewide public 
  8.22  reporting system: 
  8.23     (1) uniform statewide testing of all third, fifth, eighth, 
  8.24  and post-eighth grade students that provides exemptions, only 
  8.25  with parent or guardian approval, for those very few students 
  8.26  for whom the student's individual education plan team under 
  8.27  sections 125A.05 and 125A.06, determines that the student is 
  8.28  incapable of taking a statewide test, or for a limited English 
  8.29  proficiency student under section 124D.59, subdivision 2, if the 
  8.30  student has been in the United States for fewer than 12 months 
  8.31  and for whom special language barriers exist, such as the 
  8.32  student's native language does not have a written form or the 
  8.33  district does not have access to appropriate interpreter 
  8.34  services for the student's native language; 
  8.35     (2) educational indicators that can be aggregated and 
  8.36  compared across school districts and across time on a statewide 
  9.1   basis, including average daily attendance, high school 
  9.2   graduation rates, and high school drop-out rates by age and 
  9.3   grade level; and 
  9.4      (3) (2) students' scores on the American College Test; and 
  9.5      (4) participation in the National Assessment of Educational 
  9.6   Progress so that the state can benchmark its performance against 
  9.7   the nation and other states, and, where possible, against other 
  9.8   countries, and contribute to the national effort to monitor 
  9.9   achievement. 
  9.10     (e) Districts must report exemptions under paragraph (d), 
  9.11  clause (1), to the commissioner consistent with a format 
  9.12  provided by the commissioner, the Preliminary Scholastic 
  9.13  Aptitude Test, and the Scholastic Aptitude Test. 
  9.14     [EFFECTIVE DATE.] This section is effective the day 
  9.15  following final enactment.  
  9.16     Sec. 5.  Minnesota Statutes 2000, section 120B.30, is 
  9.17  amended by adding a subdivision to read: 
  9.18     Subd. 1a.  [ASSISTANCE.] The department, at a district's 
  9.19  request, must assist the district and the school site in 
  9.20  developing a plan to improve student achievement.  When 
  9.21  developing the plan, a district must consider parental input and 
  9.22  advice. 
  9.23     [EFFECTIVE DATE.] This section is effective the day 
  9.24  following final enactment.  
  9.25     Sec. 6.  Minnesota Statutes 2000, section 120B.31, 
  9.26  subdivision 4, is amended to read: 
  9.27     Subd. 4.  [STATISTICAL ADJUSTMENTS.] In developing policies 
  9.28  and assessment processes to hold schools and districts 
  9.29  accountable for high levels of academic standards, including 
  9.30  under section 120A.22, subdivision 9, paragraphs (a) and (b), or 
  9.31  the profile of learning, the commissioner shall aggregate 
  9.32  student data over time to report student performance levels 
  9.33  measured at the school district, regional, or statewide level.  
  9.34  When collecting and reporting the data, the commissioner shall:  
  9.35  (1) acknowledge the impact of significant demographic factors 
  9.36  such as residential instability, the number of single parent 
 10.1   families, parents' level of education, and parents' income level 
 10.2   on school outcomes; and (2) organize and report the data so that 
 10.3   state and local policymakers can understand the educational 
 10.4   implications of changes in districts' demographic profiles over 
 10.5   time.  Any report the commissioner disseminates containing 
 10.6   summary data on student performance must integrate student 
 10.7   performance and the demographic factors that strongly correlate 
 10.8   with that performance.  
 10.9      [EFFECTIVE DATE.] This section is effective the day 
 10.10  following final enactment.  
 10.11     Sec. 7.  [120B.36] [STUDENT ACADEMIC ACHIEVEMENT LEVELS; 
 10.12  STATE TESTING REVENUE.] 
 10.13     A school district's local testing revenue under this 
 10.14  section is equal to $....... times its adjusted marginal cost 
 10.15  pupil units for fiscal year 2002 and later.  Local testing 
 10.16  revenue may only be used to meet the requirements of section 
 10.17  120B.30, subdivision 1.  
 10.18     [EFFECTIVE DATE.] This section is effective July 1, 2001.  
 10.19     Sec. 8.  Minnesota Statutes 2000, section 126C.10, 
 10.20  subdivision 2, is amended to read: 
 10.21     Subd. 2.  [BASIC REVENUE.] The basic revenue for each 
 10.22  district equals the formula allowance times the adjusted 
 10.23  marginal cost pupil units for the school year.  The formula 
 10.24  allowance for fiscal year 1998 is $3,581.  The formula allowance 
 10.25  for fiscal year 1999 is $3,530.  The formula allowance for 
 10.26  fiscal year 2000 is $3,740.  The formula allowance for fiscal 
 10.27  year 2001 and subsequent fiscal years is $3,964 $3,969. 
 10.28     [EFFECTIVE DATE.] This section is effective July 1, 2001.  
 10.29     Sec. 9.  Minnesota Statutes 2000, section 136A.233, 
 10.30  subdivision 4, is amended to read: 
 10.31     Subd. 4.  [COOPERATION WITH LOCAL SCHOOLS.] Each campus 
 10.32  using the state work study program is encouraged to cooperate 
 10.33  with its local public elementary and secondary schools to place 
 10.34  college work study students in activities in the schools, such 
 10.35  as tutoring.  Students must be placed in meaningful activities 
 10.36  that directly assist students in kindergarten through grade 12 
 11.1   in meeting graduation standards including under section 120A.22, 
 11.2   subdivision 9, paragraphs (a) and (b), or the profiles of 
 11.3   learning.  College students shall work under direct supervision; 
 11.4   therefore, school hiring authorities are not required to request 
 11.5   criminal background checks on these students under section 
 11.6   123B.03. 
 11.7      [EFFECTIVE DATE.] This section is effective the day 
 11.8   following final enactment.  
 11.9      Sec. 10.  [PROFILE OF LEARNING RULES.] 
 11.10     The commissioner of children, families, and learning, 
 11.11  consistent with the requirements of Minnesota Statutes, chapter 
 11.12  14, shall amend Minnesota Rules, chapter 3501, to make the 
 11.13  profile of learning rule requirements permissive, and not 
 11.14  mandatory, consistent with the requirements of this act.  
 11.15     [EFFECTIVE DATE.] This section is effective the day 
 11.16  following final enactment. 
 11.17     Sec. 11.  [APPROPRIATIONS; DEPARTMENT OF CHILDREN, 
 11.18  FAMILIES, AND LEARNING.] 
 11.19     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 11.20  LEARNING.] Unless otherwise indicated, the sums indicated in 
 11.21  this section are appropriated from the general fund to the 
 11.22  department of children, families, and learning for the fiscal 
 11.23  years designated. 
 11.24     Subd. 2.  [DEPARTMENT.] (a) For the department of children, 
 11.25  families, and learning: 
 11.26       $..,...,...    .....     2002 
 11.27       $..,...,...    .....     2003 
 11.28     Any balance in the first year does not cancel but is 
 11.29  available in the second year. 
 11.30     (b) $684,000 in 2002 and $690,000 in 2003 is for the board 
 11.31  of teaching. 
 11.32     (c) The expenditures of federal grants and aids as shown in 
 11.33  the biennial budget document and its supplements are approved 
 11.34  and appropriated and shall be spent as indicated. 
 11.35     Subd. 3.  [STATE TESTING REVENUE.] For local testing 
 11.36  revenue under Minnesota Statutes, section 120B.36: 
 12.1        $.,...,...     .....     2002 
 12.2        $.,...,...     .....     2003 
 12.3      [EFFECTIVE DATE.] This section is effective July 1, 2001.