SF 2882

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; establishing state measures of academic success; amending
Minnesota Statutes 2006, sections 120B.31, as amended; 120B.35, as amended;
120B.36, as amended; 120B.362; Minnesota Statutes 2007 Supplement, section
120B.30; proposing coding for new law in Minnesota Statutes, chapter 120B.

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 between a student's
achievement score at two 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.
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 a
value-added system of assessments that measures the difference between an established
baseline of growth and a student's growth over time.
new text end

new text begin Subd. 5. new text end

new text begin Progress. new text end

new text begin "Progress" compares the average achievement of two different
groups of students at two different points in time. Growth, unlike progress, allows
educators to compare one student's achievement over time.
new text end

new text begin Subd. 6. new text end

new text begin State growth norm. new text end

new text begin "State growth norm" is an established statewide
average, percentile, or standard applicable to all students in a particular grade
benchmarked to an established school year. Beginning in the 2008-2009 school year, the
state growth norm is benchmarked to 2007-2008 school year data until the commissioner
next changes the vertically linked scale score. Each time the commissioner changes the
vertically linked scale score, the Minnesota Assessment Group and the Local Assessment
and Accountability Advisory Committee, in collaboration with the Independent Office of
Educational Accountability under section 120B.31, subdivision 3, must establish a new
state growth norm that the commissioner must implement consistent with the revised
standards. For each newly established state growth norm, the commissioner also must
establish criteria for identifying schools and school districts that demonstrate exceptional
growth in order to advance educators' professional development and to replicate programs
that succeed in meeting students' diverse learning needs.
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 2007 Supplement, 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. 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 9 span, and a life sciences assessment in the grades 10 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, by no later than the 2008-2009 school year, 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 2006, section 120B.31, as amended by Laws 2007, chapter
146, article 2, section 10, is amended to read:

120B.31 SYSTEM ACCOUNTABILITY deleted text begin AND STATISTICAL
ADJUSTMENTS deleted text end .

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 deleted text begin establish deleted text end new text begin maintain new text end 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, responsible citizenship, 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) deleted text end the commissioner uses deleted text begin 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 deleted text end that estimates the effects of the school and school district on student achievement to
measure 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 ;

deleted text begin (4) deleted text end new text begin (3) new text end the commissioner makes data 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 categorizes these data according to gender, race, eligibility for free or reduced lunch,
and English language proficiency; and

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

(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 deleted text begin developing deleted text end new text begin
managing new text end 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, regional, deleted text begin 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 2006, section 120B.35, as amended by Laws 2007, chapter
147, article 8, section 38, 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 deleted text begin develop
and implement deleted text end new text begin maintain new text end 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
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 deleted text begin , to the extent annual tests are administered, deleted text end
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 Expectations for federally mandated 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 federally mandated 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 federally mandated 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
federally mandated 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 federally mandated 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 federally mandated 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 federally mandated new text end expectations; and

(2) provide technical assistance to schools that integrate student deleted text begin progress deleted text end measures
deleted text begin under subdivision 3 deleted text end in 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.

Student deleted text begin progress assessment deleted text end new text begin growth; 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 deleted text begin must be deleted text end new text begin are new text end based on highly reliable
statewide or districtwide assessments.

(b) The commissioner 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 use a growth-based value-added system. The commissioner
must apply the state growth norm to students in grades 4 through 8 beginning in the
2008-2009 school year. The model must allow the user to:
new text end

new text begin (1) report student growth above the state norm; 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 a tenth student gender category.
new text end

deleted text begin (c) 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 (c) 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 four-year colleges
and universities as determined by the Minnesota 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, other rigorous courses of study under section 120B.021, subdivision 1a, or
industry certification courses.
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 a tenth student gender
category.
new text end

new text begin (d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must include an aggregate score showing
students' average self-reported sense of school safety, engagement in school, and the
quality of students' relationship with teachers, administrators, and other students. The
commissioner must gather these data consistently from students in grade 4 or 5, in one
grade level in grades 6 through 8, and in one grade level in high school, as determined by
the commissioner in consultation with recognized and qualified experts.
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 by
August 1 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 exceptional growth compared to the
state growth norm new text end .

new text begin The commissioner also must use those learned best practices to provide additional
assistance and intervention support to a district or school site that does not meet either
federally mandated expectations or the state growth norm.
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
2009-2010 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 high school
students in the 2009-2010 school year and later, and to students in any grades 4 through 8
in the 2010-2011 school year and later, consistent with the commissioner's grade level
determinations. Subdivision 4 applies in the 2011-2012 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2006, section 120B.36, as amended by Laws 2007, chapter
146, article 2, section 11, 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, a table showing the
percentages of students above the state growth norm under section 120B.35, subdivision 3,
paragraph (b) new text end , school safety new text begin and student engagement 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 norms, 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 federally mandated 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.
For purposes of subdivision 1, the commissioner of education must continue to use the
current "School Safety Policies and Programs" measure through the 2008-2009 school
year.
new text end

Sec. 6.

Minnesota Statutes 2006, section 120B.362, is amended to read:

120B.362 new text begin GROWTH-BASED new text end VALUE-ADDED ASSESSMENT PROGRAM.

deleted text begin (a) deleted text end The commissioner of education must implement a new text begin growth-based new text end value-added
assessment program to assist school districts, public schools, and charter schools in
assessing and reporting individual students' growth in academic achievement under section
120B.30, subdivision 1a. The program must use assessments of individual students'
academic achievement to make longitudinal comparisons of each student's academic
growth over time. deleted text begin School districts, public schools, and charter schools may apply to the
commissioner to participate in the initial trial program using a form and in the manner the
commissioner prescribes. The commissioner must select program participants from urban,
suburban, and rural areas throughout the state.
deleted text end

deleted text begin (b) The commissioner may issue a request for proposals to contract with an
organization that provides a value-added assessment model that reliably estimates school
and school district effects on students' academic achievement over time. The model the
commissioner selects must accommodate diverse data and must use each student's test
data across grades. Data on individual teachers generated under the model are personnel
data under section 13.43.
deleted text end

deleted text begin (c) The contract under paragraph (b) must be consistent with the definition of "best
value" under section 16C.02, subdivision 4.
deleted 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. 7. new text begin IMPLEMENTING A STUDENT GROWTH-BASED VALUE-ADDED
SYSTEM.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (b), and to help parents and members of the public compare
the reported data, the commissioner must convene a group of expert school district
assessment and evaluation staff, including the Minnesota Assessment Group and the
Local Assessment and Advisory Committee, and interested stakeholders, including school
superintendents, school principals, and school teachers to examine the actual statewide
performance of students using Minnesota's growth-based value-added system and
establish criteria for identifying schools and school districts that demonstrate exceptional
growth in order to advance educators' professional development and replicate programs
that succeed in meeting students' diverse learning needs.
new text end

new text begin (b) The commissioner must submit a written report to the education committees of
the house of representatives and senate by February 15, 2009, describing the criteria for
identifying schools and school districts that demonstrate exceptional growth.
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 in the 2008-2009 school year and later.
new text end

Sec. 8. new text begin IMPLEMENTING RIGOROUS COURSEWORK MEASURES
RELATED TO STUDENT PERFORMANCE.
new text end

new text begin (a) 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 compare the reported data, the commissioner of education must convene a group of
recognized and qualified experts and interested 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. The characteristics include grade 8
achievement levels, high school student mobility, high school student attendance, the nine
student categories identified under the federal 2001 No Child Left Behind Act, and a tenth
student gender category, to predict student performance on these two core measures. The
commissioner must use the anticipated level of entering students' performance to provide
a context for interpreting graduating students' actual performance.
new text end

new text begin (b) Consistent with paragraph (a), the commissioner also must develop an expanded
high school student data system to report preparation and rigorous coursework measures
and facilitate additional research on college readiness. This data system must expect
school districts and charter schools to report data to the state education department on each
course a high school student takes and completes. The commissioner must link the course
data file to the department's existing student reporting system. The data system must
enable the commissioner to prepare detailed reports, consistent with the requirements in
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (c), clauses (1) and (2), and
support the development of a state P-16 longitudinal data system.
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. 9. new text begin IMPLEMENTING MEASURES FOR ASSESSING STUDENTS'
SELF-REPORTED SENSE OF SCHOOL SAFETY, ENGAGEMENT IN
SCHOOL, AND THE QUALITY OF RELATIONSHIPS WITH TEACHERS,
ADMINISTRATORS, AND OTHER STUDENTS.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (d), and to help parents and members of the public compare the
reported data, the commissioner of education, in consultation with interested stakeholders,
must convene a group of recognized and qualified experts to:
new text end

new text begin (1) analyze the University of Minnesota student safety and engagement instrument
and other commonly recognized survey instruments to select or devise the survey
instrument that best meets state accountability requirements;
new text end

new text begin (2) ensure that the identified survey instrument has sound psychometric properties
and is useful for intervention planning;
new text end

new text begin (3) determine at what grade levels to administer the survey instrument and ensure
that the survey instrument can be used at those grade levels; and
new text end

new text begin (4) determine through disaggregated use of survey indicators or other means 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 to the education committees of
the house of representatives and senate by February 15, 2009, presenting the experts'
responses to paragraph (a), clauses (1) to (4).
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. 10. new text begin GROWTH-BASED VALUE-ADDED SYSTEM.
new text end

new text begin The growth-based value-added system used by the commissioner of education to
comply with Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b), must be
consistent with the growth-based value-added model contained in the document labeled
"Educational Report Card Growth Model, February 2008." The document must be
deposited with the Minnesota Office of the Revisor of Statutes, the Minnesota Legislative
Reference Library, and the Minnesota State Law Library, where the document shall be
maintained until the commissioner implements the growth-based value-added system
under Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b). The Minnesota
Assessment Group must determine whether the growth-based value-added model the
commissioner uses to comply with Minnesota Statutes, section 120B.35, subdivision 3,
paragraph (b), is consistent with the deposited document and report its determination to
the education committees of the house of representatives and senate by February 15, 2009.
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