HF 1173

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:18pm

A bill for an act
relating to education; requiring the commissioner of education to develop an
academic achievement rating system; requiring rulemaking; amending Minnesota
Statutes 2018, sections 120B.35, subdivision 3; 120B.36, subdivisions 1, 2;
proposing coding for new law in Minnesota Statutes, chapter 120B.

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

Section 1.

Minnesota Statutes 2018, section 120B.35, subdivision 3, is amended to read:

Subd. 3.

State growth target; other state measures.

(a)(1) 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 deleted text begin or districtwide deleted text end
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian and Pacific Islander groups, three of the most populous Native groups,
seven of the most populous Hispanic/Latino groups, and five of the most populous Black
and African Heritage groups as determined by the total Minnesota population based on the
most recent American Community Survey; English learners under section 124D.59; home
language; free or reduced-price lunch; 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.

(b) The commissioner deleted text begin , 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 deleted text end new text begin must new text end :

(1) report student growth deleted text begin consistent with this paragraph deleted text end ; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, 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 instruction, 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.

(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 student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(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, consistent with the student categories
identified under paragraph (a), clause (2). 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 all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, 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.

(g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

Sec. 2.

new text begin [120B.355] ACADEMIC ACHIEVEMENT RATING SYSTEM.
new text end

new text begin (a) The commissioner of education must develop an academic achievement rating system
consistent with this section to provide parents and students with a brief overview of student
performance and growth in schools and districts across the state. The components of the
rating system must be performance indicators reported under section 120B.11, subdivision
1a, or the Elementary and Secondary Education Act of 1965, as amended by the Every
Student Succeeds Act, United States Code, title 20, section 6311. The commissioner must
adopt rules under the expedited process under section 14.389 to implement this section
including the components of the rating system and weighting of those components.
new text end

new text begin (b) Each school and district must be assigned a star rating based on the cumulative score
of the criteria adopted. Star ratings must range from one star for the lowest performing
schools and districts to five stars for the highest performing schools and districts.
new text end

new text begin (c) The star rating and the cumulative and individual scores of each school and district
must be reported annually on the Department of Education's website as part of the
commissioner's school performance reports pursuant to section 120B.36.
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 2018, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance reports and public reporting.

(a) The commissioner
shall report new text begin : new text end student academic performance data under section 120B.35, subdivisions 2 and
3; new text begin school and district ratings under section 120B.355; new 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 all English learners enrolled
in a Minnesota public school course or program who are currently or were previously counted
as English learners under section 124D.59; 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; foster care status, including all students enrolled in a Minnesota public school
course or program who are currently or were previously in foster care, student homelessness,
and district mobility; and extracurricular activities.

(b) The school performance report for a school site and a school district must include
school performance reporting information new text begin , including a prominent display of both the school's
and district's star rating and the scores the ratings are based on assigned by the commissioner
under section 120B.355 new text end and new text begin must new text end calculate proficiency new text begin and growth new text end rates as required by the
most recently reauthorized Elementary and Secondary Education Act.

(c) The commissioner shall develop, annually update, and post on the department website
school performance reports consistent with paragraph (a) and section 120B.11.

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

(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.

(f) 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 website 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the reports required to be posted by
September 1, 2020, and later.
new text end

Sec. 4.

Minnesota Statutes 2018, section 120B.36, subdivision 2, is amended to read:

Subd. 2.

Student progress and other data.

(a) All data the department receives, collects,
or creates under section 120B.11, governing the world's best workforce, or uses to determine
new text begin and set goals for new text end federal expectations under the most recently reauthorized Elementary and
Secondary Education Act, set state growth targets, and determine student growth, learning,
and outcomes under section 120B.35 are nonpublic data under section 13.02, subdivision
9, until the commissioner publicly releases the data.

(b) Districts must provide parents sufficiently detailed summary data to permit parents
to appeal under the most recently reauthorized federal Elementary and Secondary Education
Act. The commissioner shall annually post federal expectations and state student growth,
learning, and outcome data to the department's public website no later than September 1,
except that in years when data or federal expectations reflect new performance standards,
the commissioner shall post data on federal expectations and state student growth data no
later than October 1.