1.1                          A bill for an act
  1.2             relating to education; amending state graduation 
  1.3             requirements; providing for staff development 
  1.4             seminars; amending graduation rules; amending 
  1.5             Minnesota Statutes 1998, sections 120B.02; 120B.03; 
  1.6             and 120B.30, subdivision 1; repealing Minnesota 
  1.7             Statutes 1998, section 120B.04; Minnesota Rules, parts 
  1.8             3501.0370, subparts 1 and 2; 3501.0420, subpart 1, 
  1.9             item D; 3501.0420, subpart 4; and 3501.0430. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 120B.02, is 
  1.12  amended to read: 
  1.13     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  1.14  REQUIREMENTS; PROFILE OF LEARNING.] 
  1.15     (a) The legislature is committed to establishing a 
  1.16  rigorous, results-oriented graduation rule for Minnesota's 
  1.17  public school students.  To that end, the state board shall use 
  1.18  its rulemaking authority under section 127A.66, subdivision 2, 
  1.19  to adopt a statewide, results-oriented graduation rule to be 
  1.20  implemented starting with students beginning ninth grade in the 
  1.21  1996-1997 school year.  The board shall not prescribe in rule or 
  1.22  otherwise the delivery system or form of instruction that local 
  1.23  sites must use to meet the requirements contained in this rule. 
  1.24     (b) To successfully accomplish paragraph (a), the state 
  1.25  board shall set in rule high academic standards for all 
  1.26  students.  The standards must contain the foundational skills in 
  1.27  the three core curricular areas of reading, writing, and 
  2.1   mathematics while meeting requirements for high school 
  2.2   graduation.  The standards must also provide an opportunity for 
  2.3   students to excel by meeting higher academic standards through a 
  2.4   profile of learning that uses curricular requirements to allow 
  2.5   students to expand their knowledge and skills beyond the 
  2.6   foundational skills.  All state board actions regarding the rule 
  2.7   must be premised on the following:  
  2.8      (1) the rule is intended to raise academic expectations for 
  2.9   students, teachers, and schools; 
  2.10     (2) any state action regarding the rule must evidence 
  2.11  consideration of school district autonomy; and 
  2.12     (3) the department of children, families, and learning, 
  2.13  with the assistance of school districts, must make available 
  2.14  information about all state initiatives related to the rule to 
  2.15  students and parents, teachers, and the general public in a 
  2.16  timely format that is appropriate, comprehensive, and readily 
  2.17  understandable. 
  2.18     (c) For purposes of adopting the rule, the state board, in 
  2.19  consultation with the department, recognized psychometric 
  2.20  experts in assessment, and other interested and knowledgeable 
  2.21  educators, using the most current version of professional 
  2.22  standards for educational testing, shall evaluate the 
  2.23  alternative approaches to assessment.  
  2.24     (d) The content of the graduation rule must differentiate 
  2.25  between minimum competencies reflected in the basic requirements 
  2.26  assessment and rigorous profile of learning standards.  When 
  2.27  fully implemented, the requirements for high school graduation 
  2.28  in Minnesota must include both basic requirements and the 
  2.29  required profile of learning.  The profile of learning must 
  2.30  measure student performance using ~~performance-based~~ assessments 
  2.31  compiled over time that integrate higher academic standards, 
  2.32  higher order thinking skills, and application of knowledge from 
  2.33  a variety of content areas.  The profile of learning shall 
  2.34  include a broad range of academic experience and accomplishment 
  2.35  necessary to achieve the goal of preparing students to function 
  2.36  effectively as purposeful thinkers, effective communicators, 
  3.1   self-directed learners, productive group participants, and 
  3.2   responsible citizens.  After consultation with education 
  3.3   Minnesota and superintendents, the commissioner shall ~~develop~~ 
  3.4   ~~and disseminate to school districts~~ designate a uniform method 
  3.5   for reporting student performance on the profile of 
  3.6   learning.  The profile of learning shall contain the following 
  3.7   learning areas: 
  3.8      (1) read, listen, and view; 
  3.9      (2) write and speak; 
  3.10     (3) mathematical concepts and applications; 
  3.11     (4) scientific concepts and applications; 
  3.12     (5) social studies; 
  3.13     (6) arts and literature; 
  3.14     (7) inquiry and research; 
  3.15     (8) physical education and lifetime fitness; 
  3.16     (9) economics and business; and 
  3.17     (10) world languages. 
  3.18     (e) The ~~state board~~ commissioner shall periodically review 
  3.19  and report on the assessment process and student achievement 
  3.20  with the expectation of raising the standards and expanding high 
  3.21  school graduation requirements. 
  3.22     (f) ~~The state board shall report in writing to the~~ 
  3.23  ~~legislature annually by January 15 on its progress in developing~~ 
  3.24  ~~and implementing the graduation requirements according to the~~ 
  3.25  ~~requirements of this subdivision and section 120B.10 until such~~ 
  3.26  ~~time as all the graduation requirements are~~ 
  3.27  ~~implemented.~~  Beginning July 15, 1999, the commissioner shall 
  3.28  make available to the public an annual report on the content 
  3.29  standards offered at each school site and the required content 
  3.30  standards for graduation for each school district based on 
  3.31  information provided by each school district. 
  3.32     Sec. 2.  Minnesota Statutes 1998, section 120B.03, is 
  3.33  amended to read: 
  3.34     120B.03 [IMPLEMENTING THE PROFILE OF LEARNING.] 
  3.35     Subdivision 1.  [DISTRICT IMPLEMENTATION OF THE PROFILE OF 
  3.36  LEARNING.] (a) A school district shall implement the profile of 
  4.1   learning of the graduation rule under paragraph (b)~~, (c), or (d)~~.
  4.2      ~~A district may implement the profile of learning under~~ 
  4.3   ~~paragraph (c) or (d) only after the commissioner approves the~~ 
  4.4   ~~district's request for a waiver and approves the local plan for~~ 
  4.5   ~~full implementation.~~ 
  4.6      (b) ~~A school district shall implement the profile of~~ 
  4.7   ~~learning for the 1998-1999 school year and later.~~  
  4.8      ~~(c)~~ A school district shall implement the profile of 
  4.9   learning as follows: 
  4.10     (1) ~~for the 1998-1999 school year and later, the district~~ 
  4.11  ~~shall implement all standards in learning areas at the~~ 
  4.12  ~~preparatory level and implement for ninth grade students a~~ 
  4.13  ~~minimum of six learning areas under the profile of learning with~~ 
  4.14  ~~three from the areas of read, listen, and view; write and speak;~~ 
  4.15  ~~mathematical applications; scientific applications; and people~~ 
  4.16  ~~and cultures; and three from the areas of literature and the~~ 
  4.17  ~~arts; inquiry; decision making; resource management; and world~~ 
  4.18  ~~language;~~ 
  4.19     ~~(2)~~ for the 1999-2000 school year ~~and later~~, the district 
  4.20  shall ~~implement~~ determine the number of content standards 
  4.21  required for graduation for students entering the ninth ~~and~~ 
  4.22  ~~tenth~~ grade ~~students two learning areas in addition to those~~ 
  4.23  ~~implemented under clause (1). The district shall complete the~~ 
  4.24  ~~four learning areas of read, listen, and view; write and speak;~~ 
  4.25  ~~mathematical applications; scientific applications; and people~~ 
  4.26  ~~and cultures if the four areas were not completed in clause (1);~~ 
  4.27  ~~and the remainder from the areas of literature and the arts;~~ 
  4.28  ~~inquiry; decision making; resource management; and world~~ 
  4.29  ~~language~~ and implement all content standards at the preparatory 
  4.30  level; and 
  4.31     ~~(3)~~ (2) for the 2000-2001 school year and later, the 
  4.32  district shall fully implement for ninth~~, tenth, and eleventh~~ 
  4.33  grade students ~~two learning areas in the profile of learning~~ 
  4.34  ~~that were not implemented under clauses (1) and (2)~~ the profile 
  4.35  of learning. 
  4.36     ~~(d) A district shall develop a local plan to implement the~~ 
  5.1   ~~profile of learning and have all ten learning areas fully~~ 
  5.2   ~~implemented by the 2001-2002 school year.~~  
  5.3      ~~(e)~~ (c) A district shall notify the commissioner by July 1, 
  5.4   ~~1998~~ 1999, as to whether the district will implement the profile 
  5.5   of learning under paragraph (b)~~,~~ or (c)~~, or (d)~~. 
  5.6      ~~(f) An advisory committee of 11 members is established to~~ 
  5.7   ~~advise the governor and commissioner on the implementation of~~ 
  5.8   ~~the graduation rule under this section.  The commissioner shall~~ 
  5.9   ~~appoint 11 members with representatives from education~~ 
  5.10  ~~organizations, business, higher education, parents, and~~ 
  5.11  ~~organizations representing communities of color.~~ 
  5.12     ~~The committee shall review the implementation of the basic~~ 
  5.13  ~~requirements and the profile of learning standards.~~ 
  5.14     ~~The commissioner shall provide technical and other~~ 
  5.15  ~~assistance to the advisory committee.  The committee expires on~~ 
  5.16  ~~December 1, 1998.~~ 
  5.17     Subd. 1a.  [TRANSCRIPT DATA.] For the 1998-1999 school year 
  5.18  and later, a high school student's transcript shall account for 
  5.19  work done in each of the content standards, including content 
  5.20  standards that are not fully implemented in the district. 
  5.21     Subd. 2.  [~~PERFORMANCE PACKAGES~~ ASSESSMENTS.] (a) Districts 
  5.22  shall choose the methods used to assess student achievement of a 
  5.23  content standard.  Assessments may include state model 
  5.24  performance packages, local performance packages, checklists or 
  5.25  portfolios, work projects, group work, or other testing methods 
  5.26  as determined by the district.  The assessment method selected 
  5.27  by the district must have a scoring system that is comparable to 
  5.28  state assessments.  A district may use more than one assessment 
  5.29  to meet the requirements of a content standard.  The 
  5.30  commissioner shall not mandate in rule the assessments that 
  5.31  local sites must use to meet the requirements contained in this 
  5.32  section. 
  5.33     (b) The commissioner shall not mandate that teachers ~~are~~ 
  5.34  ~~not required to~~ use a state model performance package.  ~~Teachers~~ 
  5.35  ~~are encouraged to develop and use a performance package that~~ 
  5.36  ~~equals or exceeds the difficulty of the state model performance~~ 
  6.1   ~~package.~~ 
  6.2      Subd. 2a.  [HIGH STANDARDS TOOL LIBRARY.] The commissioner 
  6.3   shall establish and maintain a high standards tool library that 
  6.4   will offer to teachers examples of assessment tools to assess 
  6.5   students' achievement of standards, examples of lesson plans, 
  6.6   best practices methods, research on proven methods, and examples 
  6.7   of exemplar work aligned to the content standards.  
  6.8      Subd. 3.  [WAIVER.] ~~In order to receive a waiver, a~~ 
  6.9   ~~district must document why the waiver is necessary, how the~~ 
  6.10  ~~local plan improves student achievement, and how the profile of~~ 
  6.11  ~~learning will be fully implemented for the 2001-2002 school year.~~
  6.12  The commissioner shall grant a waiver to districts that, by a 
  6.13  majority vote of the licensed teachers in the district and a 
  6.14  majority vote of the school board, have selected fewer standards 
  6.15  for graduation requirements than are required by the state.  A 
  6.16  district waiver request must be approved annually by a majority 
  6.17  vote of the licensed teachers in the district and a majority 
  6.18  vote of the school board.  A district must submit a request for 
  6.19  a waiver to the commissioner by July 1 before each school year.  
  6.20  A district receiving a waiver must provide learning 
  6.21  opportunities for all students in all preparatory content 
  6.22  standards as required by rule and learning opportunities in high 
  6.23  school content standards in all ten learning areas. 
  6.24     Subd. 4.  [COMPLETION OF A CONTENT STANDARD.] Districts may 
  6.25  incorporate more than one content standard in a single course.  
  6.26  Districts may develop a system allowing students to meet a 
  6.27  content standard through different subject areas.  Districts may 
  6.28  determine at what grade levels a content standard may be 
  6.29  completed. 
  6.30     Subd. 5.  [RECORDS.] A district shall maintain records of 
  6.31  the following at each site to be submitted for audit at the 
  6.32  request of the commissioner: 
  6.33     (1) examples of local assessments used to assess student 
  6.34  completion of a content standard; 
  6.35     (2) aggregate data on student completion of each high 
  6.36  school content standard; 
  7.1      (3) aggregate data on each year's high school graduates, 
  7.2   including the number of high school content standards completed, 
  7.3   and the number of each score earned on each standard; 
  7.4      (4) examples of some student work in each of the high 
  7.5   school content standards; and 
  7.6      (5) number of available standards, number of required 
  7.7   standards, and the number of standards completed by students. 
  7.8      Subd. 6.  [SCORING.] Students participating in group 
  7.9   projects shall be scored individually based on their 
  7.10  contribution to the project.  The grade level of a student shall 
  7.11  not prohibit a student from receiving a state exemplar score 
  7.12  upon completion of a content standard.  Teachers may assign a 
  7.13  score of "0" to student work on an assessment. 
  7.14     Subd. 7.  [FEDERAL EDUCATION PROGRAMS NOT 
  7.15  REQUIRED.] Districts shall not be required to adopt specific 
  7.16  provisions of any federal education program, including the Goals 
  7.17  2000 program and federal School-to-Work. 
  7.18     Subd. 8.  [EXAMINATION AND EVALUATION PANEL.] The 
  7.19  commissioner shall establish an academic panel to examine, 
  7.20  evaluate, and sustain the rigor of the content standards 
  7.21  contained in the Minnesota graduation rule.  The commissioner 
  7.22  shall consider regional representation when selecting members 
  7.23  for the panel.  The panel shall be composed of:  two teachers 
  7.24  selected by education Minnesota, one of which shall have been a 
  7.25  teacher of the year, and one with national board certification; 
  7.26  deans of the colleges of education from the University of 
  7.27  Minnesota, a Minnesota state college, and a Minnesota private 
  7.28  college.  In the process of examining, evaluating, and 
  7.29  sustaining the rigor of the state standards, the panel shall 
  7.30  consult with recognized national and international education 
  7.31  experts on academic standards.  Beginning July 1, 2000, and on 
  7.32  every even-numbered year thereafter, the panel shall submit its 
  7.33  evaluation of the rigor of the state standards and make 
  7.34  recommendations to the commissioner and to the education 
  7.35  committees of the legislature. 
  7.36     Sec. 3.  Minnesota Statutes 1998, section 120B.30, 
  8.1   subdivision 1, is amended to read: 
  8.2      Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  8.3   with advice from experts with appropriate technical 
  8.4   qualifications and experience and stakeholders, shall include in 
  8.5   the comprehensive assessment system, for each grade level to be 
  8.6   tested, a single statewide norm-referenced or 
  8.7   criterion-referenced test, or a combination of a norm-referenced 
  8.8   and a criterion-referenced test, which shall be highly 
  8.9   correlated with the state's graduation standards and 
  8.10  administered annually to all students in the third, fifth, and 
  8.11  eighth grades.  The commissioner shall establish one or more 
  8.12  months during which schools shall administer the tests to 
  8.13  students each school year.  Only Minnesota basic skills tests in 
  8.14  reading, mathematics, and writing shall fulfill students' 
  8.15  testing requirements for a passing state notation.  Third and 
  8.16  fifth grade test results shall be available to districts for 
  8.17  diagnostic purposes affecting student learning and district 
  8.18  instruction and curriculum, and for establishing educational 
  8.19  accountability.  The commissioner shall disseminate to the 
  8.20  public the third and fifth grade test results upon receiving 
  8.21  those results. 
  8.22     (b) In addition, at the secondary level, districts shall 
  8.23  assess student performance in all required learning areas and 
  8.24  selected required standards within each area of the profile of 
  8.25  learning.  The testing instruments and testing process shall be 
  8.26  determined by the commissioner.  The results shall be aggregated 
  8.27  at the site and district level.  The testing shall be 
  8.28  administered beginning in the 1999-2000 school year and 
  8.29  thereafter. 
  8.30     (c) The comprehensive assessment system shall include an 
  8.31  evaluation of school site and school district performance levels 
  8.32  during the 1997-1998 school year and thereafter using an 
  8.33  established performance baseline developed from students' test 
  8.34  scores under this section that records, at a minimum, students' 
  8.35  unweighted mean test scores in each tested subject, a second 
  8.36  performance baseline that reports, at a minimum, the same 
  9.1   unweighted mean test scores of only those students enrolled in 
  9.2   the school by January 1 of the previous school year, and a third 
  9.3   performance baseline that reports the same unweighted test 
  9.4   scores of all students except those students receiving limited 
  9.5   English proficiency instruction.  The evaluation also shall 
  9.6   record separately, in proximity to the performance baselines, 
  9.7   the percentages of students who are eligible to receive a free 
  9.8   or reduced price school meal, demonstrate limited English 
  9.9   proficiency, or are eligible to receive special education 
  9.10  services. 
  9.11     (d) In addition to the testing and reporting requirements 
  9.12  under paragraphs (a), (b), and (c), the commissioner, in 
  9.13  consultation with the state board of education, shall include 
  9.14  the following components in the statewide educational 
  9.15  accountability and public reporting system: 
  9.16     (1) uniform statewide testing of all third, fifth, eighth, 
  9.17  and post-eighth grade students with exemptions, only with parent 
  9.18  or guardian approval, from the testing requirement only for 
  9.19  those very few students for whom the student's individual 
  9.20  education plan team under sections 125A.05 and 125A.06, 
  9.21  determines that the student is incapable of taking a statewide 
  9.22  test, or a limited English proficiency student under section 
  9.23  124D.59, subdivision 2, if the student has been in the United 
  9.24  States for fewer than 12 months and for whom special language 
  9.25  barriers exist, such as the student's native language does not 
  9.26  have a written form or the district does not have access to 
  9.27  appropriate interpreter services for the student's native 
  9.28  language; 
  9.29     (2) educational indicators that can be aggregated and 
  9.30  compared across school districts and across time on a statewide 
  9.31  basis; 
  9.32     (3) students' scores on the American College Test; 
  9.33     (4) participation in the National Assessment of Educational 
  9.34  Progress so that the state can benchmark its performance against 
  9.35  the nation and other states, and, where possible, against other 
  9.36  countries, and contribute to the national effort to monitor 
 10.1   achievement; and 
 10.2      (5) basic skills and advanced competencies connecting 
 10.3   teaching and learning to high academic standards, assessment, 
 10.4   and transitions to citizenship and employment. 
 10.5      (e) Districts must report exemptions under paragraph (d), 
 10.6   clause (1), to the commissioner consistent with a format 
 10.7   provided by the commissioner. 
 10.8      Sec. 4.  [THREE-DAY BEST PRACTICES SEMINARS.] 
 10.9      The commissioner of children, families, and learning shall 
 10.10  award grants to education Minnesota to provide three-day best 
 10.11  practices seminars during the summer of 1999.  The seminars 
 10.12  shall provide intensive professional development for public 
 10.13  school teachers on best practices.  
 10.14     Sec. 5.  [GRADUATION RULE AMENDMENTS.] 
 10.15     Beginning no later than July 1, 1999, the commissioner 
 10.16  shall amend Minnesota Rules, chapter 3501, for state graduation 
 10.17  requirements using the expedited process under Minnesota 
 10.18  Statutes 1998, section 14.389.  In addition to technical 
 10.19  changes, corrections, clarifications, and similarly needed 
 10.20  revisions, specific rules shall be modified as indicated below: 
 10.21     (1) amend Minnesota Rules, part 3501.0330, subpart 2, to 
 10.22  make personal and family resource management a required high 
 10.23  school content standard for high school graduation; 
 10.24     (2) amend Minnesota Rules, parts 3501.0320 to 3501.0469, to 
 10.25  rename the learning areas according to Minnesota Statutes, 
 10.26  section 120B.02.  The rules shall also be amended to align the 
 10.27  existing content standards under the new learning areas; 
 10.28     (3) amend Minnesota Rules, part 3501.0370, subpart 3, to 
 10.29  add to the scoring criteria the option of a score of "0" for 
 10.30  student work on an assessment. 
 10.31     Sec. 6.  [REPEALER.] 
 10.32     Minnesota Statutes 1998, section 120B.04, is repealed. 
 10.33     Minnesota Rules, parts 3501.0370, subparts 1 and 2; 
 10.34  3501.0420, subpart 1, item D; 3501.0420, subpart 4; and 
 10.35  3501.0430, are repealed. 
 10.36     Sec. 7.  [EFFECTIVE DATE.] 
 11.1      Sections 1 to 4 are effective the day following final 
 11.2   enactment. 
 11.3      Section 5 is effective July 1, 1999.