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SF 2597

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/01/2016 08:58am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to education; proposing to count all students; collecting and reporting
aggregated and disaggregated student growth, learning, and outcome data;
amending Minnesota Statutes 2014, sections 120B.35; 120B.36, as amended;
124D.59, by adding a subdivision; Minnesota Statutes 2015 Supplement, section
120B.31, subdivision 4.

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

Section 1. new text beginCITATION.
new text end

new text begin Sections 1 to 5 may be cited as the "All Kids Count Act."
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 120B.31, subdivision 4, is
amended to read:


Subd. 4.

Student performance data.

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 new text beginand disaggregate new text endstudent
data over time to report new text beginsummary new text endstudent deleted text beginperformance anddeleted text end growth deleted text beginlevelsdeleted text endnew text begin and, under
section 120B.11, subdivision 2, clause (2), student learning and outcome data
new text end measured
at the school, school district, and statewide level. deleted text beginWhen collecting and reporting the
performance data,
deleted text end The commissioner shall new text beginuse the student categories identified under
the federal Elementary and Secondary Education Act, as most recently reauthorized, to
new text endorganize and report the data so that state and local policy makers can understand the
educational implications of changes in districts' demographic profiles over time, including
student new text begincategories of new text endhomelessnessnew text begin, ethnicity, race, gender, disability, home language,
migrant, English language learners under section 124D.59, free or reduced lunch, foster
care, and other categories designated by federal law
new text end, as data are available, among other
demographic factors. 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 for the 2016-2017 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 120B.35, is amended to read:


120B.35 STUDENT ACADEMIC ACHIEVEMENT AND GROWTH.

Subdivision 1.

deleted text beginSchool anddeleted text end Student indicators of growth and achievement.

The commissioner must develop and implement a system for measuring and reporting
academic achievement and individual student growth, consistent with the statewide
educational accountability and reporting system. The system components must measure
and separately report the adequate yearly progress of schools and the growth of individual
students: students' current achievement in schools under subdivision 2; and individual
students' educational growth over time under subdivision 3. The system also must include
statewide measures of student academic growth that identify schools with high levels
of growth, and also schools with low levels of growth that need improvement. deleted text beginWhen
determining a school's effect,
deleted text end 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 new text beginsummative,
interim, or formative
new text endassessments. 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.

Subd. 2.

Federal Expectations for student academic achievement.

(a) Each
school year, a school district must determine if the student achievement levels at each
school site meet federal expectations. If student achievement levels at a school site do
not meet federal 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
federal expectations. The commissioner of education shall establish student academic
achievement levels to comply with this paragraph.

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

(c) The commissioner must:

(1) assist school sites and districts identified as not meeting federal expectations; and

(2) provide technical assistance to schools that integrate student achievement
measures into the school continuous improvement plan.

(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make new text beginaggregated and disaggregated student growth and, under section
120B.11, subdivision 2, clause (2), student learning and outcome
new text enddata on every school
and district available to parents, teachers, administrators, community members, and the
general publicnew text begin, consistent with this sectionnew text end.

Subd. 3.

State growth target; other state measures.

(a) The state's educational
assessment system measuring individual students' educational growth is based 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 new text beginsummative, interim, or formative new text endassessments.

(b) The commissioner, in consultation with a stakeholder group that includes
assessment and evaluation directors, district staff, experts in culturally responsive teaching,
and researchers, must implement a model that uses a value-added growth indicator and
includes criteria for identifying schools and school districts that demonstrate medium and
high growth under section 120B.299, subdivisions 8 and 9, and may recommend other
value-added measures under section 120B.299, subdivision 3. The model 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:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
new text beginstudent new text endgrowth new text beginand, under section 120B.11, subdivision 2, clause (2), student learning
and outcome
new text enddata using the deleted text beginninedeleted text end student categories identified under the federal deleted text begin2001
No Child Left Behind Act and two
deleted text endnew text begin Elementary and Secondary Education Act, as most
recently reauthorized, and other categories, including
new text end deleted text beginstudentdeleted text end genderdeleted text begin categories of male
deleted text enddeleted text beginanddeleted text enddeleted text begin female, deleted text enddeleted text beginrespectivelydeleted text enddeleted text begin, deleted text enddeleted text beginfollowing appropriate reporting practices to protect nonpublic
student data.
deleted text endnew text begin,new text endnew text begin and, in addition to the Karen community, other student categories as
determined by the total Minnesota population at or above the 1,000-person threshold
based on the most recent decennial census, including ethnicity; race; English language
learners under section 124D.59; diagnosed disabilities or disorders affecting reading or
interpretations of letters, words, and other symbols; home language; free or reduced-price
lunch; migrant; immigrant; homeless; and all students enrolled in a Minnesota public
school who are currently or were previously in foster care, except that such disaggregation
and cross tabulation is not required if the number of students in a category is insufficient
to yield statistically reliable information or the results would reveal personally identifiable
information about an individual student.
new text end

The commissioner must report measures of student growthnew text begin and, under section
120B.11, subdivision 2, clause (2), student learning and outcome data
new text end, consistent with
this paragraph, including the English language development, academic progress, and oral
academic development of English learners and their native language development if the
native language is used as a language of instructionnew text begin, and include data on all pupils enrolled
in a Minnesota public school course or program who are currently or were previously
counted as an English learner under section 124D.59
new text end.

(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:

(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

(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.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the deleted text beginninedeleted text end student categories
identified under the federal deleted text begin2001 No Child Left Behind Act and two student gender
categories of male and female, respectively
deleted text endnew text begin Elementary and Secondary Education Act, as
most recently reauthorized
new text end, deleted text beginfollowing appropriate reporting practices to protect nonpublic
student data.
deleted text endnew text begin and other categories, including gender, and, in addition to the Karen
community, other student categories as determined by the total Minnesota population at or
above the 1,000-person threshold based on the most recent decennial census, including
ethnicity; race; English language learners under section 124D.59; diagnosed disabilities or
disorders affecting reading or interpretations of letters, words, and other symbols; home
language; free or reduced-price lunch; migrant; immigrant; homeless; and all students
enrolled in a Minnesota public school who are currently or were previously enrolled in
foster care, except that such disaggregation and cross tabulation is not required if the
number of students in a category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an individual student.
new text end

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, 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.

(e) For purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the success of learning year program
providers under sections 123A.05 and 124D.68, among other such providers, in improving
students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually
report summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance
levels are meeting career and college readiness benchmarks under section 120B.30,
subdivision 1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for
off-track students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of new text beginall new text endEnglish
learnersnew text begin enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59
new text end, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

Subd. 4.

Improving schools.

Consistent with the requirements of this section,
beginning June 20, 2012, the commissioner of education must annually report to the
public and the legislature best practices implemented in those schools that demonstrate
high growth compared to the state growth target.

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 This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 120B.36, as amended by Laws 2015, First
Special Session chapter 3, article 2, section 8, is amended to read:


120B.36 SCHOOL ACCOUNTABILITYdeleted text begin; APPEALS PROCESSdeleted text end.

Subdivision 1.

School performance reports.

(a) The commissioner shall report
student academic performance new text begindata new text endunder section 120B.35, deleted text beginsubdivisiondeleted text endnew text begin subdivisions
new text end2
new text begin, paragraph (b), and 3new text end; the percentages of students showing low, medium, and high
growth under section 120B.35, subdivision 3, paragraph (b); school safety and student
engagement and connection under section 120B.35, subdivision 3, paragraph (d); rigorous
coursework under section 120B.35, subdivision 3, paragraph (c); the percentage of
students under section 120B.35, subdivision 3, paragraph (b), clause (2), whose progress
and performance levels are meeting career and college readiness benchmarks under
sections 120B.30, subdivision 1, and 120B.35, subdivision 3, paragraph (e); longitudinal
data on the progress of eligible districts in reducing disparities in students' academic
achievement and realizing racial and economic integration under section 124D.861;
the acquisition of English, and where practicable, native language academic literacy,
including oral academic language, and the academic progress of new text beginall new text endEnglish learners
deleted text beginunder section 124D.59, subdivisions 2 and 2adeleted text endnew text begin enrolled in a Minnesota public school
course or program who are currently or were previously counted as an English learner
under section 124D.59
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; staff characteristics excluding salaries; student enrollment
demographics; new text beginall students enrolled in a Minnesota public school course or program who
are currently or were previously in foster care,
new text endstudent homelessnessnew text begin,new text end and district mobility;
and extracurricular activities. The report also must indicate a school's adequate yearly
progress status under applicable federal law, and must not set any designations applicable
to high- and low-performing schools due solely to adequate yearly progress status.

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

(c) The commissioner must make available performance reports by the beginning
of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance data are nonpublic data under section 13.02, subdivision 9,
until the commissioner publicly releases the data. The commissioner shall annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
shall post the school performance reports no later than October 1.

Subd. 2.

Adequate yearlynew text begin studentnew text end progress and other data.

All data the
department receives, collects, or creates to determine adequate yearly progress status
under Public Law 107-110, section 1116, set state growth targets, and determine student
growthnew text begin, learning, and outcomes under section 120B.35new text end are nonpublic data under section
13.02, subdivision 9, until the commissioner publicly releases the data. Districts must
provide parents sufficiently detailed summary data to permit parents to appeal under
Public Law 107-110, section 1116(b)(2). The commissioner shall annually post federal
adequate yearly progress data and state student growthnew text begin, learning, and outcomenew text end data to the
department's public Web site no later than September 1, except that in years when adequate
yearly progress reflects new performance standards, the commissioner shall post federal
adequate yearly progress data and state student growth data no later than October 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 124D.59, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin English learner data. new text end

new text begin When data on English learners are reported for
purposes of educational accountability, English learner data must include all pupils
enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end