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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 129-H.F.No. 302 
                  An act relating to education; repealing and replacing 
                  the profile of learning; providing for rulemaking; 
                  amending Minnesota Statutes 2002, sections 120B.02; 
                  120B.30, subdivision 1, by adding a subdivision; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 120B; repealing Minnesota Statutes 2002, 
                  section 120B.031; Minnesota Rules, parts 3501.0300; 
                  3501.0310; 3501.0320; 3501.0330; 3501.0340; 3501.0350; 
                  3501.0370; 3501.0380; 3501.0390; 3501.0400; 3501.0410; 
                  3501.0420; 3501.0440; 3501.0441; 3501.0442; 3501.0443; 
                  3501.0444; 3501.0445; 3501.0446; 3501.0447; 3501.0448; 
                  3501.0449; 3501.0450; 3501.0460; 3501.0461; 3501.0462; 
                  3501.0463; 3501.0464; 3501.0465; 3501.0466; 3501.0467; 
                  3501.0468; 3501.0469. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                    REPLACING PROFILE OF LEARNING STANDARDS 
                          AND GRADUATION REQUIREMENTS 
           Section 1.  [120B.019] [REPEALING PROFILE OF LEARNING 
        STATUTES AND RULES.] 
           Notwithstanding sections 120B.02, 120B.30, 120B.31, and 
        120B.35, or other law to the contrary, the commissioner of 
        children, families, and learning must not implement the profile 
        of learning portion of the state's results-oriented graduation 
        rule. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to the 2003-2004 school 
        year and later. 
           Sec. 2.  Minnesota Statutes 2002, section 120B.02, is 
        amended to read: 
           120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
        REQUIREMENTS; PROFILE OF LEARNING EDUCATIONAL EXPECTATIONS FOR 
        MINNESOTA'S STUDENTS.] 
           (a) The legislature is committed to establishing a rigorous 
        , results-oriented graduation rule academic standards for 
        Minnesota's public school students.  To that end, the 
        commissioner shall use its rulemaking authority under section 
        127A.05, subdivision 4, to adopt a in rule statewide, 
        results-oriented graduation rule to be implemented starting with 
        students beginning ninth grade in the 1996-1997 school 
        year academic standards.  The commissioner shall not prescribe 
        in rule or otherwise the delivery system, classroom assessments, 
        or form of instruction that school sites must use to meet the 
        requirements contained in this rule.  For purposes of this 
        chapter, a school site is a separate facility, or a separate 
        program within a facility that a local school board recognizes 
        as a school site for funding purposes.  
           (b) To successfully accomplish paragraph (a), the 
        commissioner shall set in rule high academic standards for all 
        students.  The standards must contain the foundational skills in 
        the three core curricular areas of reading, writing, and 
        mathematics while meeting requirements for high school 
        graduation.  The standards must also provide an opportunity for 
        students to excel by meeting higher academic standards through a 
        profile of learning that uses curricular requirements to allow 
        students to expand their knowledge and skills beyond the 
        foundational skills.  All commissioner actions regarding the 
        rule must be premised on the following:  
           (1) the rule is intended to raise academic expectations for 
        students, teachers, and schools; 
           (2) any state action regarding the rule must evidence 
        consideration of school district autonomy; and 
           (3) the department of children, families, and learning, 
        with the assistance of school districts, must make available 
        information about all state initiatives related to the rule to 
        students and parents, teachers, and the general public in a 
        timely format that is appropriate, comprehensive, and readily 
        understandable. 
           (c) For purposes of adopting the rule, the commissioner, in 
        consultation with the department, recognized psychometric 
        experts in assessment, and other interested and knowledgeable 
        educators, using the most current version of professional 
        standards for educational testing, shall evaluate the 
        alternative approaches to assessment.  
           (d) The content of the graduation rule must differentiate 
        between minimum competencies reflected in the basic requirements 
        assessment and rigorous profile of learning standards.  When 
        fully implemented, the requirements for high school graduation 
        in Minnesota must include both require students to pass the 
        basic skills test requirements and the required profile of 
        learning.  The profile of learning must measure student 
        performance using performance-based assessments compiled over 
        time that integrate higher academic standards, higher order 
        thinking skills, and application of knowledge from a variety of 
        content areas.  The profile of learning shall include a broad 
        range of academic experience and accomplishment necessary to 
        achieve the goal of preparing students to function effectively 
        as purposeful thinkers, effective communicators, self-directed 
        learners, productive group participants, and responsible 
        citizens satisfactorily complete, as determined by the school 
        district, the course credit requirements under section 120B.024. 
           (e) The profile of learning contains the following learning 
        areas: 
           (1) read, listen, and view; 
           (2) write and speak; 
           (3) arts and literature; 
           (4) mathematical concepts and applications; 
           (5) inquiry and research; 
           (6) scientific concepts and applications; 
           (7) social studies; 
           (8) physical education and lifetime fitness; 
           (9) economics and business; 
           (10) world languages; and 
           (11) technical and vocational education. 
           (f) (d) The commissioner shall periodically review and 
        report on the state's assessment process and student achievement 
        with the expectation of raising the standards and expanding high 
        school graduation requirements. 
           (g) Beginning August 31, 2000, the commissioner must 
        publish, including in electronic format for the Internet, a 
        report, by school site, area learning center, and charter 
        school, of: 
           (1) the required preparatory content standards; 
           (2) the high school content standards required for 
        graduation; and 
           (3) the number of student waivers the district, area 
        learning center, or charter school approves under section 
        120B.031, subdivisions 4, 5, and 6, based on information each 
        district, area learning center, and charter school provides. 
           (h) School districts must integrate required and elective 
        content standards in the scope and sequence of the district 
        curriculum.  
           (i) (e) School districts are not required to adopt specific 
        provisions of the Goals 2000 and the federal School-to-Work 
        programs. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 3.  [120B.021] [REQUIRED ACADEMIC STANDARDS.] 
           Subdivision 1.  [REQUIRED ACADEMIC STANDARDS.] The 
        following subject areas are required for statewide 
        accountability: 
           (1) language arts; 
           (2) mathematics; 
           (3) science; 
           (4) social studies, including history, geography, 
        economics, and government and citizenship; and 
           (5) the arts, for which statewide or locally developed 
        academic standards apply, as determined by the school district.  
        Public elementary and middle schools must offer at least three 
        and require at least two of the following four arts areas:  
        dance; music; theater; and visual arts.  Public high schools 
        must offer at least three and require at least one of the 
        following five arts areas:  media arts; dance; music; theater; 
        and visual arts.  
           The commissioner must submit proposed standards in science 
        and social studies to the legislature by February 1, 2004.  
        For purposes of applicable federal law, the academic standards 
        for language arts, mathematics and science apply to all public 
        school students, except the very few students with extreme 
        cognitive or physical impairments for whom an individualized 
        education plan team has determined that the required academic 
        standards are inappropriate.  An individualized education plan 
        team that makes this determination must establish alternative 
        standards. 
           A school district, no later than the 2007-2008 school year, 
        must adopt graduation requirements that meet or exceed state 
        graduation requirements established in law or rule.  A school 
        district that incorporates these state graduation requirements 
        before the 2007-2008 school year must provide students who enter 
        the ninth grade in or before the 2003-2004 school year the 
        opportunity to earn a diploma based on existing locally 
        established graduation requirements in effect when the students 
        entered the ninth grade.  District efforts to develop, 
        implement, or improve instruction or curriculum as a result of 
        the provisions of this section must be consistent with sections 
        120B.10, 120B.11, and 120B.20.  
           Subd. 2.  [STANDARDS DEVELOPMENT.] (a) The commissioner 
        must consider advice from at least the following stakeholders in 
        developing statewide rigorous core academic standards in 
        language arts, mathematics, science, social studies, including 
        history, geography, economics, government and citizenship, and 
        the arts: 
           (1) parents of school-age children and members of the 
        public throughout the state; 
           (2) teachers throughout the state currently licensed and 
        providing instruction in language arts, mathematics, science, 
        social studies, or the arts and licensed elementary and 
        secondary school principals throughout the state currently 
        administering a school site; 
           (3) currently serving members of local school boards and 
        charter school boards throughout the state; 
           (4) faculty teaching core subjects at postsecondary 
        institutions in Minnesota; and 
           (5) representatives of the Minnesota business community. 
           (b) Academic standards must: 
           (1) be clear, concise, objective, measurable, and 
        grade-level appropriate; 
           (2) not require a specific teaching methodology or 
        curriculum; and 
           (3) be consistent with the constitutions of the United 
        States and the state of Minnesota. 
           Subd. 3.  [RULEMAKING.] (a) The commissioner, consistent 
        with the requirements of this section and section 120B.022, must 
        adopt statewide rules under section 14.389 for implementing 
        statewide rigorous core academic standards in language arts, 
        mathematics and the arts.  After the rules authorized under this 
        paragraph are initially adopted, the commissioner may not amend 
        or repeal these rules nor adopt new rules on the same topic 
        without specific legislative authorization.  These academic 
        standards must be implemented for all students beginning in the 
        2003-2004 school year. 
           (b) The rules authorized under this section are not subject 
        to section 14.127.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 4.  [120B.022] [ELECTIVE STANDARDS.] 
           Subdivision 1.  [ELECTIVE STANDARDS.] A district must 
        establish its own standards in the following subject areas: 
           (1) health and physical education; 
           (2) vocational and technical education; and 
           (3) world languages. 
           A school district must offer courses in all elective 
        subject areas. 
           Subd. 2.  [LOCAL ASSESSMENTS.] A district must use a 
        locally selected assessment to determine if a student has 
        achieved an elective standard. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 5.  [120B.023] [BENCHMARKS.] 
           (a) The commissioner must supplement required state 
        academic standards with grade-level benchmarks.  High school 
        benchmarks may cover more than one grade.  The benchmarks must 
        implement statewide academic standards by specifying the 
        academic knowledge and skills that schools must offer and 
        students must achieve to satisfactorily complete a state 
        standard.  Benchmarks are published to inform and guide parents, 
        teachers, school districts and other interested persons and for 
        use in developing tests consistent with the benchmarks. 
           (b) The commissioner shall publish benchmarks in the State 
        Register and transmit the benchmarks in any other manner that 
        makes them accessible to the general public.  The commissioner 
        may charge a reasonable fee for publications. 
           (c) Once established, the commissioner may change the 
        benchmarks only with specific legislative authorization and 
        after completing a review under paragraph (d). 
           (d) The commissioner must develop and implement a system 
        for reviewing on a four-year cycle each of the required academic 
        standards and related benchmarks and elective standards 
        beginning in the 2006-2007 school year.  
           (e) The benchmarks are not subject to chapter 14 and 
        section 14.386 does not apply.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 6.  [120B.024] [GRADUATION REQUIREMENTS; COURSE 
        CREDITS.] 
           Students beginning ninth grade in the 2004-2005 school year 
        and later must successfully complete the following high school 
        level course credits for graduation: 
           (1) four credits of language arts; 
           (2) three credits of mathematics, encompassing at least 
        algebra, geometry, statistics and probability sufficient to 
        satisfy the academic standard; 
           (3) three credits of science, including at least one credit 
        in biology; 
           (4) three and one-half credits of social studies, including 
        at least one credit of United States history, one credit of 
        geography, 0.5 credits of government and citizenship, 0.5 
        credits of world history, and 0.5 credits of economics; and 
           (5) a minimum of eight elective course credits, including 
        at least one credit in the arts. 
           A course credit is equivalent to a student's successful 
        completion of an academic year of study or a student's mastery 
        of the applicable subject matter, as determined by the local 
        school district. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 7.  Minnesota Statutes 2002, section 120B.30, 
        subdivision 1, is amended to read: 
           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, a test, which shall 
        be state-constructed tests developed from and aligned with the 
        state's graduation required academic standards under section 
        120B.021 and administered annually to all students in the third, 
        fifth, seventh, and eighth grades 3 through 8 and at the high 
        school level.  A state-developed test in a subject other than 
        writing, developed after the 2002-2003 school year, must include 
        both multiple choice and constructed response questions.  The 
        commissioner shall establish one or more months during which 
        schools shall administer the tests to students each 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 the state tests in reading and mathematics are the 
        equivalent of:  
           (1) 70 percent correct for students entering grade 9 in 
        1996; and 
           (2) 75 percent correct for students entering grade 9 in 
        1997 and thereafter, as based on the first uniform test 
        administration of February 1998.  
           (b) The third, fifth, and seventh through eighth 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 third, fifth, and seventh grade test results upon receiving 
        those results. 
           (c) In addition, at the high school level, districts shall 
        assess student performance in all required learning areas and 
        selected required standards within each area of the profile of 
        learning.  The testing instruments, State tests must be 
        constructed and aligned with state academic standards.  The 
        testing process, and the order of administration shall be 
        determined by the commissioner.  The statewide results shall be 
        aggregated at the site and district level, consistent with 
        subdivision 1a.  
           (d) The commissioner shall report school site and school 
        district student academic achievement levels of the current and 
        two immediately preceding school years.  The report shall 
        include students' unweighted mean test scores in each tested 
        subject, the unweighted mean test scores of only those students 
        enrolled in the school by October 1 of the current school year, 
        and the unweighted test scores of all students except those 
        students receiving limited English proficiency instruction.  The 
        report also shall record separately, in proximity to the 
        reported performance levels, the percentage of students of each 
        gender and the percentages of students who are eligible to 
        receive a free or reduced price school meal, demonstrate limited 
        English proficiency, are identified as migrant students, are a 
        member of a major ethnic or racial population, or are eligible 
        to receive special education services. 
           (e) In addition to the testing and reporting requirements 
        under paragraphs (a), (b), (c), and (d) this section, the 
        commissioner shall include the following components in the 
        statewide public reporting system: 
           (1) uniform statewide testing of all third, fifth, seventh, 
        eighth, and post-eighth grade students in grades 3 through 8 and 
        at the high school level that provides exemptions, 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 student is incapable of 
        taking a statewide test, or for a limited English proficiency 
        student under section 124D.59, subdivision 2, if the student has 
        been in the United States for fewer than 12 months and for whom 
        special language barriers exist, such as the student's native 
        language does not have a written form or the district does not 
        have access to appropriate interpreter services for the 
        student's native language three years; 
           (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) students' scores 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. 
           (f) (e) Districts must report exemptions under paragraph 
        (e) (d), clause (1), to the commissioner consistent with a 
        format provided by the commissioner. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to the 2005-2006 school 
        year and later.  
           Sec. 8.  Minnesota Statutes 2002, section 120B.30, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a) 
        The commissioner must develop language arts, 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 
        and the arts.  The commissioner must require: 
           (1) annual language arts 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 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 the 2006-2007 school year, a value-added 
        component to measure student achievement growth over time; and 
           (3) determine whether students have met the state's basic 
        skills requirements. 
           (d) Consistent with applicable federal law and subdivision 
        1, paragraph (d), clause (1), the commissioner must include 
        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 progress in 
        achieving the 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.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 9.  [120B.36] [SCHOOL ACCOUNTABILITY; APPEALS 
        PROCESS.] 
           (a) The commissioner shall use objective criteria based on 
        levels of student performance to identify four to six 
        designations applicable to high and low performing public 
        schools.  The objective criteria shall include at least student 
        academic performance, school safety, and staff characteristics, 
        with a value-added growth component added by the 2006-2007 
        school year. 
           (b) The commissioner shall develop, annually update and 
        post on the department web site school performance report cards. 
        A school's designation must be clearly stated on each school 
        performance report card. 
           (c) The commissioner must make available the first school 
        designations and school performance report cards by November 
        2003, and during the beginning of each school year thereafter.  
           (d) A school or district may appeal in writing a 
        designation under this section to the commissioner within 30 
        days of receiving the designation.  The commissioner's decision 
        to uphold or deny an appeal is final.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to the 2005-2006 school 
        year and later.  
           Sec. 10.  [120B.363] [CREDENTIAL FOR EDUCATION 
        PARAPROFESSIONALS.] 
           Subdivision 1.  [RULEMAKING.] The board of teaching must 
        adopt rules to implement a statewide credential for education 
        paraprofessionals who assist a licensed teacher in providing 
        student instruction.  Any paraprofessional holding this 
        credential or working in a local school district after meeting a 
        state-approved local assessment is considered to be highly 
        qualified under federal law.  Under this subdivision, the board 
        of teaching, in consultation with the commissioner, must adopt 
        qualitative criteria for approving local assessments that 
        include an evaluation of a paraprofessional's knowledge of 
        reading, writing, and math and the paraprofessional's ability to 
        assist in the instruction of reading, writing, and math.  The 
        commissioner must approve or disapprove local assessments using 
        these criteria.  The commissioner must make the criteria 
        available to the public. 
           Subd. 2.  [TRAINING POSSIBILITIES.] In adopting rules under 
        subdivision 1, the board must consider including provisions that 
        provide training in:  students' characteristics; teaching and 
        learning environment; academic instruction skills; student 
        behavior; and ethical practices. 
           Subd. 3.  [INITIAL TRAINING.] Within the first 60 days of 
        supervising or working with students, a district must provide 
        each paraprofessional with initial training in emergency 
        procedures, confidentiality, vulnerability, reporting 
        obligations, discipline policies, roles and responsibilities, 
        and a building orientation. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 11.  [120B.365] [ASSESSMENT ADVISORY COMMITTEE.] 
           Subdivision 1.  [ESTABLISHMENT.] An assessment advisory 
        committee of up to eleven members selected by the commissioner 
        is established.  The commissioner must select members as follows:
           (1) two superintendents; 
           (2) two teachers; 
           (3) two higher education faculty; and 
           (4) up to five members of the public, consisting of parents 
        and members of the business community. 
           The committee must review all statewide assessments.  The 
        committee must submit its recommendations to the commissioner 
        and to the committees of the legislature having jurisdiction 
        over kindergarten through grade 12 education policy and budget 
        issues.  The commissioner must consider the committees' 
        recommendations before finalizing a statewide assessment. 
           Subd. 2.  [EXPIRATION.] Notwithstanding section 15.059, 
        subdivision 5, the committee expires on June 30, 2014. 
           [EFFECTIVE DATE.] This section is effective immediately and 
        applies to the 2005-2006 school year and later. 
           Sec. 12.  [REPEALER.] 
           (a) Minnesota Statutes 2002, section 120B.031, is repealed. 
           (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 
        3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380; 
        3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0440; 
        3501.0441; 3501.0442; 3501.0443; 3501.0444; 3501.0445; 
        3501.0446; 3501.0447; 3501.0448; 3501.0449; 3501.0450; 
        3501.0460; 3501.0461; 3501.0462; 3501.0463; 3501.0464; 
        3501.0465; 3501.0466; 3501.0467; 3501.0468; and 3501.0469, are 
        repealed. 
           [EFFECTIVE DATE.] This section is effective for the 
        2003-2004 school year and thereafter. 

                                   ARTICLE 2
                             COMMISSIONER'S DUTIES
           Section 1.  [MINNESOTA'S HIGH ACADEMIC STANDARDS.] 
           (a) The standards adopted by the commissioner of children, 
        families and learning under Minnesota Statutes, section 
        120B.0021, must be identical to: 
           (1) the K-12 standards for language arts contained in the 
        document labeled "Minnesota Academic Standards, Language Arts 
        K-12, May 19, 2003, Minnesota Academic Standards Committee, 
        Minnesota Department of Education"; 
           (2) the K-12 standards for mathematics contained in the 
        document labeled "Minnesota Academic Standards, Mathematics 
        K-12, May 19, 2003, Minnesota Academic Standards Committee, 
        Minnesota Department of Education"; and 
           (3) the K-12 standards for arts contained in the document 
        labeled "Minnesota Academic Standards, Arts K-12, May 19, 2003, 
        Minnesota Department of Education". 
           (b) The K-12 standards documents must be deposited with the 
        Minnesota revisor of statutes, the legislative reference 
        library, and the Minnesota state law library, where the 
        documents shall be maintained until the commissioner adopts 
        rules for implementing statewide rigorous core academic 
        standards in language arts, mathematics and the arts under 
        Minnesota Statutes, section 120B.021, subdivision 3.  The 
        revisor must determine that the rules are identical to the 
        documents deposited with it under this section before the 
        revisor approves the form of the rules.  In approving the form 
        of the rules, the revisor may make any needed grammatic and form 
        changes. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 2.  [RECOMMENDATIONS ON HIGH ACADEMIC STANDARDS.] 
           The commissioner of children, families, and learning, after 
        consulting with affected stakeholders, must provide written 
        recommendations to the committees of the legislature having 
        jurisdiction over kindergarten through grade 12 education policy 
        and budget issues by February 1, 2004, that: 
           (1) identify the cut-scores on high school reading and 
        mathematics assessments indicating that remedial instruction in 
        the state's two-year higher education institutions is unneeded; 
           (2) recommend alternative assessments, including student 
        portfolios; 
           (3) recommend whether students must pass state 
        end-of-course examinations as a requirement for high school 
        graduation; 
           (4) evaluate the feasibility of including state percentile 
        rankings and a national comparison; and 
           (5) establish a method for using the grade 8 language arts 
        and math tests to satisfy basic skills requirements. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  [RULES FOR SUPPLEMENTAL SERVICE PROVIDERS.] 
           The commissioner of children, families, and learning may 
        adopt rules under Minnesota Statutes, section 14.388, 
        establishing criteria for identifying, annually reviewing, and 
        formally listing eligible supplemental education service 
        providers throughout Minnesota, consistent with applicable 
        federal requirements and Minnesota's application for 
        supplemental education service providers under Title 1, Part A, 
        of the No Child Left Behind Act. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to supplemental education 
        service providers delivering supplemental English or math 
        services to eligible students in the 2003-2004 school year and 
        later. 
           Presented to the governor May 20, 2003 
           Signed by the governor May 21, 2003, 2:50 p.m.