1999 Minnesota Statutes

CHAPTER 120B. Curriculum and assessment

     120B.01 Definitions. 

    For the purposes of this chapter, the words defined in 
 section 120A.05 have the same meaning. 

    HIST: 1998 c 397 art 3 s 1; art 11 s 3 

     120B.02 Results-oriented graduation rule; basic skills 
  requirements; profile of learning. 

    (a) The legislature is committed to establishing a 
 rigorous, results-oriented graduation rule 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 statewide, results-oriented graduation rule to be 
 implemented starting with students beginning ninth grade in the 
 1996-1997 school year.  The commissioner shall not prescribe in 
 rule or otherwise the delivery system or form of instruction 
 that local sites must use to meet the requirements contained in 
 this rule. 

    (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 basic 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.  The commissioner shall develop and 
 disseminate to school districts a uniform method for reporting 
 student performance on the profile of learning. 

    (e) The commissioner shall periodically review and report 
 on the assessment process and student achievement with the 
 expectation of raising the standards and expanding high school 
 graduation requirements. 

    (f) The commissioner shall report in writing to the 
 legislature annually by January 15 on its progress in developing 
 and implementing the graduation requirements according to the 
 requirements of this subdivision and section 120B.10 until such 
 time as all the graduation requirements are implemented. 

    HIST: Ex1959 c 71 art 2 s 11; 1965 c 718 s 1; 1969 c 9 s 
 23,24; 1969 c 288 s 1; 1973 c 492 s 14; 1975 c 162 s 6,7; 1976 c 
 271 s 21; 1977 c 347 s 19; 1977 c 447 art 7 s 4; 1982 c 424 s 
 130; 1982 c 548 art 4 s 4,23; 1983 c 258 s 22; 1984 c 640 s 32; 
 1985 c 248 s 70; 1987 c 178 s 5; 1987 c 398 art 7 s 5; 1989 c 
 329 art 7 s 2; art 8 s 1; art 9 s 4; 1990 c 375 s 3; 1991 c 265 
 art 9 s 13; 1993 c 224 art 12 s 2-6; art 14 s 4; 1994 c 647 art 
 7 s 1; art 8 s 1; 1Sp1995 c 3 art 7 s 1; art 16 s 13; 1996 c 412 
 art 7 s 1; 1997 c 1 s 1; 1997 c 162 art 2 s 11; 1998 c 397 art 4 
 s 1,51; art 11 s 3; 1998 c 398 art 5 s 6,7,55 

     120B.03 Implementing the profile of learning. 

    Subdivision 1.    District implementation of the profile 
 of learning.  (a) A school district shall implement the 
 profile of learning of the graduation rule under paragraph (b), 
 (c), or (d). 

    A district may implement the profile of learning under 
 paragraph (c) or (d) only after the commissioner approves the 
 district's request for a waiver and approves the local plan for 
 full implementation. 

    (b) A school district shall implement the profile of 
 learning for the 1998-1999 school year and later.  

    (c) A school district shall implement the profile of 
 learning as follows: 

    (1) for the 1998-1999 school year and later, the district 
 shall implement all required standards in learning areas at the 
 preparatory level and implement for ninth grade students a 
 minimum of six learning areas under the profile of learning with 
 three from the areas of read, listen, and view; write and speak; 
 mathematical applications; scientific applications; and people 
 and cultures; and three from the areas of literature and the 
 arts; inquiry; decision making; resource management; and world 
 language; 

    (2) for the 1999-2000 school year and later, the district 
 shall implement for ninth and tenth grade students two learning 
 areas in addition to those implemented under clause (1).  The 
 district shall complete the four learning areas of read, listen, 
 and view; write and speak; mathematical applications; scientific 
 applications; and people and cultures if the four areas were not 
 completed in clause (1); and the remainder from the areas of 
 literature and the arts; inquiry; decision making; resource 
 management; and world language; and 

    (3) for the 2000-2001 school year and later, the district 
 shall implement for ninth, tenth, and eleventh grade students 
 the two learning areas in the profile of learning that were not 
 implemented under clauses (1) and (2). 

    (d) A district shall develop a local plan to implement the 
 profile of learning and have all ten learning areas fully 
 implemented by the 2001-2002 school year.  

    (e) A district shall notify the commissioner by July 1, 
 1998, as to whether the district will implement the profile of 
 learning under paragraph (b), (c), or (d). 

    (f) An advisory committee of 11 members is established to 
 advise the governor and commissioner on the implementation of 
 the graduation rule under this section.  The commissioner shall 
 appoint 11 members with representatives from education 
 organizations, business, higher education, parents, and 
 organizations representing communities of color. 

    The committee shall review the implementation of the basic 
 requirements and the profile of learning standards. 

    The commissioner shall provide technical and other 
 assistance to the advisory committee.  The committee expires on 
 December 1, 1998. 

    Subd. 2.    Performance packages.  Teachers are not 
 required to use a state model performance package.  Teachers are 
 encouraged to develop and use a performance package that equals 
 or exceeds the difficulty of the state model performance package.

    Subd. 3.    Waiver.  In order to receive a waiver, a 
 district must document why the waiver is necessary, how the 
 local plan improves student achievement, and how the profile of 
 learning will be fully implemented for the 2001-2002 school year.

    HIST: 1998 c 397 art 4 s 51; 1998 c 398 art 5 s 9 

     120B.04 Lifework development plan. 

    A school district may require students to develop and 
 maintain a record of all students' lifework development 
 activities and work toward achieving the profile of learning.  
 This record includes, but is not limited to, student's goals, 
 skills, abilities, and interests, as well as information on 
 service learning experiences, out-of-school learning 
 experiences, and career-related experiences, such as job 
 shadowing, career mentoring, internships, apprenticeships, 
 entrepreneurship, and other work-based learning activities that 
 may be used to fulfill the profile of learning.  The ongoing 
 record assists students in choosing their school-based courses, 
 researching and exploring career options, and realizing their 
 role as citizens and their goals as lifelong learners.  Each 
 school year, the student, the student's parent or guardian, 
 school and career counselors, and other appropriately trained 
 school personnel shall review the student's plan to ensure that 
 the plan is updated and reflects the student's changing life 
 goals and aspirations.  The plan serves as a continuous record 
 of future education and training options necessary to achieve 
 the student's lifework goal. 

    HIST: 1Sp1997 c 4 art 3 s 18; 1998 c 397 art 4 s 51 

  120B.05 Repealed, 1999 c 241 art 1 s 69 

     120B.07 Early graduation. 

    Notwithstanding any law to the contrary, any secondary 
 school student who has completed all required courses may, with 
 the approval of the student, the student's parent or guardian, 
 and local school officials, graduate before the completion of 
 the school year.  General education revenue attributable to the 
 student must be paid as though the student was in attendance for 
 the entire year. 

    HIST: 1974 c 521 s 7; 1975 c 432 s 12; 1979 c 334 art 1 s 1; 
 1983 c 216 art 1 s 24; 1983 c 314 art 1 s 22; 1985 c 248 s 70; 
 1986 c 444; 1988 c 486 s 7; 1998 c 397 art 2 s 73,164 

     120B.10 Findings; improving instruction and curriculum. 

    The legislature finds that a process is needed to enable 
 school boards and communities to decide matters related to 
 planning, providing, and improving education instruction and 
 curriculum in the context of the state's high school graduation 
 standards.  The process should help districts evaluate the 
 impact of instruction and curriculum on students' abilities to 
 meet graduation standards, use evaluation results to improve 
 instruction and curriculum, and determine services that 
 districts and other public education entities can provide 
 collaboratively with institutions including families and private 
 or public organizations and agencies.  The legislature 
 anticipates that a highly focused public education strategy will 
 be an integral part of each district's review and improvement of 
 instruction and curriculum. 

    HIST: 1996 c 412 art 7 s 3; 1998 c 397 art 6 s 124 

     120B.11 School district process. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section and section 120B.10, the following terms have the 
 meanings given them. 

    (a) "Instruction" means methods of providing learning 
 experiences that enables a student to meet graduation standards. 

    (b) "Curriculum" means written plans for providing students 
 with learning experiences that lead to knowledge, skills, and 
 positive attitudes. 

    Subd. 2.    Adopting policies.  (a) A school board shall 
 adopt annually a written policy that includes the following: 

    (1) district goals for instruction and curriculum; 

    (2) a process for evaluating each student's progress toward 
 meeting graduation standards and identifying the strengths and 
 weaknesses of instruction and curriculum affecting students' 
 progress; 

    (3) a system for periodically reviewing all instruction and 
 curriculum; 

    (4) a plan for improving instruction and curriculum; and 

    (5) an instruction plan that includes education 
 effectiveness processes developed under section 122A.625 and 
 integrates instruction, curriculum, and technology. 

    Subd. 3.    Instruction and curriculum advisory committee. 
  Each school board shall establish an instruction and 
 curriculum advisory committee to ensure active community 
 participation in all phases of planning and improving the 
 instruction and curriculum affecting state graduation 
 standards.  A district advisory committee, to the extent 
 possible, shall reflect the diversity of the district and its 
 learning sites, and shall include teachers, parents, support 
 staff, pupils, and other community residents.  The district may 
 establish building teams as subcommittees of the district 
 advisory committee under subdivision 4.  The district advisory 
 committee shall recommend to the school board districtwide 
 education standards, assessments, and program evaluations.  
 Learning sites may expand upon district evaluations of 
 instruction, curriculum, assessments, or programs.  Whenever 
 possible, parents and other community residents shall comprise 
 at least two-thirds of advisory committee members. 

    Subd. 4.    Building team.  A school may establish a 
 building team to develop and implement an education 
 effectiveness plan to improve instruction and curriculum.  The 
 team shall advise the board and the advisory committee about 
 developing an instruction and curriculum improvement plan that 
 aligns curriculum, assessment of student progress in meeting 
 state graduation standards, and instruction. 

    Subd. 5.    Report.  (a) By October 1 of each year, the 
 school board shall use standard statewide reporting procedures 
 the commissioner develops and adopt a report that includes the 
 following: 

    (1) student performance goals for meeting state graduation 
 standards adopted for that year; 

    (2) results of local assessment data, and any additional 
 test data; 

    (3) the annual school district improvement plans; 

    (4) information about district and learning site progress 
 in realizing previously adopted improvement plans; and 

    (5) the amount and type of revenue attributed to each 
 education site as defined in section 123B.04, subdivision 2. 

    (b) The school board shall publish the report in the local 
 newspaper with the largest circulation in the district or by 
 mail.  The board shall make a copy of the report available to 
 the public for inspection.  The board shall send a copy of the 
 report to the commissioner of children, families, and learning 
 by October 15 of each year. 

    (c) The title of the report shall contain the name and 
 number of the school district and read "Annual Report on 
 Curriculum, Instruction, and Student Performance."  The report 
 must include at least the following information about advisory 
 committee membership: 

    (1) the name of each committee member and the date when 
 that member's term expires; 

    (2) the method and criteria the school board uses to select 
 committee members; and 

    (3) the date by which a community resident must apply to 
 next serve on the committee. 

    Subd. 6.    Student evaluation.  The school board 
 annually shall provide high school graduates or GED recipients 
 who receive a diploma or its equivalent from the school district 
 with an opportunity to report to the board on the following: 

    (1) the quality of district instruction, curriculum, and 
 services; 

    (2) the quality of district delivery of instruction, 
 curriculum, and services; 

    (3) the utility of district facilities; and 

    (4) the effectiveness of district administration. 

    Subd. 7.    Periodic report.  Each school district shall 
 periodically ask affected constituencies about their level of 
 satisfaction with school.  The district shall include the 
 results of this evaluation in the report required under 
 subdivision 5. 

    Subd. 8.    Biennial evaluation; assessment program.  At 
 least once every two years, the district report shall include an 
 evaluation of the district testing programs, according to the 
 following: 

    (1) written objectives of the assessment program; 

    (2) names of tests and grade levels tested; 

    (3) use of test results; and 

    (4) implementation of an assurance of mastery program. 

    HIST: 1996 c 412 art 7 s 4; 1Sp1997 c 4 art 5 s 12; 1998 c 397 
 art 6 s 124; art 11 s 3 

     120B.13 Advanced placement and international 
  baccalaureate programs. 

    Subdivision 1.    Training programs for teachers.  A 
 secondary teacher assigned by a district to teach an advanced 
 placement or international baccalaureate course may participate 
 in a training program offered by the college board or 
 International Baccalaureate North America, Inc.  The state may 
 pay a portion of the tuition, room, and board costs a teacher 
 incurs in participating in a training program.  The commissioner 
 shall determine application procedures and deadlines, and select 
 teachers to participate in the training program.  The procedures 
 determined by the commissioner shall, to the extent possible, 
 ensure that advanced placement and international baccalaureate 
 courses become available in all parts of the state and that a 
 variety of course offerings are available in school districts.  
 This subdivision does not prevent teacher participation in 
 training programs offered by the college board or International 
 Baccalaureate North America, Inc., when tuition is paid by a 
 source other than the state. 

    Subd. 2.    Support programs.  The commissioner shall 
 provide support programs during the school year for teachers who 
 attended the training programs and teachers experienced in 
 teaching advanced placement or international baccalaureate 
 courses.  The support programs shall provide teachers with 
 opportunities to share instructional ideas with other teachers.  
 The state may pay the costs of participating in the support 
 programs, including substitute teachers, if necessary, and 
 program affiliation costs. 

    Subd. 3.    Subsidy for examination fees.  The state may 
 pay all or part of the fee for advanced placement or 
 international baccalaureate examinations for pupils in public 
 and nonpublic schools.  The commissioner shall adopt a schedule 
 for fee subsidies that may allow payment of the entire fee for 
 low-income families, as defined by the commissioner.  The 
 commissioner may also determine the circumstances under which 
 the fee is subsidized, in whole or in part.  The commissioner 
 shall determine procedures for state payments of fees. 

    Subd. 4.    Information.  The commissioner shall submit 
 the following information to the education committees of the 
 legislature each year by January 1: 

    (1) the number of pupils enrolled in advanced placement and 
 international baccalaureate courses in each school district; 

    (2) the number of teachers in each district attending 
 training programs offered by the college board or International 
 Baccalaureate North America, Inc.; 

    (3) the number of teachers in each district participating 
 in support programs; 

    (4) recent trends in the field of advanced placement and 
 international baccalaureate programs; 

    (5) expenditures for each category in this section; and 

    (6) other recommendations for the state program. 

    HIST: 1992 c 499 art 7 s 10; 1993 c 224 art 13 s 46; 1994 c 
 647 art 7 s 9; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 2 s 
 129,164 

     120B.14 Advanced academic credit. 

    A district must grant academic credit to a pupil attending 
 an accelerated or advanced academic course offered by a higher 
 education institution or a nonprofit public agency other than 
 the district, if the pupil successfully completes the course 
 attended and passes an examination approved by the district.  If 
 no comparable course is offered by the district, the 
 commissioner shall determine the number of credits which shall 
 be granted to a pupil who successfully completes and passes the 
 course.  If a comparable course is offered by the district, the 
 board must grant a comparable number of credits to the pupil.  
 If there is a dispute between the district and the pupil 
 regarding the number of credits granted for a particular course, 
 the pupil may appeal the school board's decision to the 
 commissioner.  The commissioner's decision regarding the number 
 of credits shall be final.  

    The credits granted to a pupil shall be counted toward the 
 graduation requirements and subject area requirements of the 
 district.  Evidence of successful completion of each class and 
 credits granted shall be included in the pupil's secondary 
 school record.  

    HIST: 1984 c 463 art 7 s 8; 1993 c 224 art 13 s 21; 1998 c 397 
 art 2 s 74,164 

     120B.16 Secondary credit for students. 

    A student who satisfactorily completes a high school course 
 shall receive secondary course credit and the credit shall count 
 toward the student's graduation requirements.  

    HIST: 1993 c 224 art 9 s 35; 1996 c 412 art 7 s 12; 1998 c 397 
 art 9 s 26 

     120B.18 American sign language. 

    Satisfactory completion of courses in American sign 
 language in a public elementary or secondary school shall be 
 accorded equal standing with satisfactory completion of courses 
 in any world language. 

    HIST: 1Sp1997 c 4 art 2 s 37; 1998 c 397 art 9 s 26 

     120B.20 Parental curriculum review. 

    Each school district shall have a procedure for a parent, 
 guardian, or an adult student, 18 years of age or older, to 
 review the content of the instructional materials to be provided 
 to a minor child or to an adult student and, if the parent, 
 guardian, or adult student objects to the content, to make 
 reasonable arrangements with school personnel for alternative 
 instruction.  Alternative instruction may be provided by the 
 parent, guardian, or adult student if the alternative 
 instruction, if any, offered by the school board does not meet 
 the concerns of the parent, guardian, or adult student.  The 
 school board is not required to pay for the costs of alternative 
 instruction provided by a parent, guardian, or adult student.  
 School personnel may not impose an academic or other penalty 
 upon a student merely for arranging alternative instruction 
 under this section.  School personnel may evaluate and assess 
 the quality of the student's work. 

    HIST: 1993 c 224 art 12 s 29; 1998 c 397 art 6 s 124 

     120B.22 Violence prevention education. 

    Subdivision 1.    Violence prevention curriculum.  (a) 
 The commissioner of children, families, and learning, in 
 consultation with the commissioners of health and human 
 services, state minority councils, battered women's programs, 
 sexual assault centers, representatives of religious 
 communities, and the assistant commissioner of the office of 
 drug policy and violence prevention, shall assist districts on 
 request in developing or implementing a violence prevention 
 program for students in kindergarten to grade 12 that can be 
 integrated into existing curriculum.  The purpose of the program 
 is to help students learn how to resolve conflicts within their 
 families and communities in nonviolent, effective ways.  

    (b) Each district is encouraged to integrate into its 
 existing curriculum a program for violence prevention that 
 includes at least: 

    (1) a comprehensive, accurate, and age appropriate 
 curriculum on violence prevention, nonviolent conflict 
 resolution, sexual, racial, and cultural harassment, and student 
 hazing that promotes equality, respect, understanding, effective 
 communication, individual responsibility, thoughtful decision 
 making, positive conflict resolution, useful coping skills, 
 critical thinking, listening and watching skills, and personal 
 safety; 

    (2) planning materials, guidelines, and other accurate 
 information on preventing physical and emotional violence, 
 identifying and reducing the incidence of sexual, racial, and 
 cultural harassment, and reducing child abuse and neglect; 

    (3) a special parent education component of early childhood 
 family education programs to prevent child abuse and neglect and 
 to promote positive parenting skills, giving priority to 
 services and outreach programs for at-risk families; 

    (4) involvement of parents and other community members, 
 including the clergy, business representatives, civic leaders, 
 local elected officials, law enforcement officials, and the 
 county attorney; 

    (5) collaboration with local community services, agencies, 
 and organizations that assist in violence intervention or 
 prevention, including family-based services, crisis services, 
 life management skills services, case coordination services, 
 mental health services, and early intervention services; 

    (6) collaboration among districts and service cooperatives; 

    (7) targeting early adolescents for prevention efforts, 
 especially early adolescents whose personal circumstances may 
 lead to violent or harassing behavior; 

    (8) opportunities for teachers to receive in-service 
 training or attend other programs on strategies or curriculum 
 designed to assist students in intervening in or preventing 
 violence in school and at home; and 

    (9) administrative policies that reflect, and a staff that 
 models, nonviolent behaviors that do not display or condone 
 sexual, racial, or cultural harassment or student hazing. 

    (c) The department may provide assistance at a neutral site 
 to a nonpublic school participating in a district's program. 

    Subd. 2.    In-service training.  Each district is 
 encouraged to provide training for district staff and school 
 board members to help students identify violence in the family 
 and the community so that students may learn to resolve 
 conflicts in effective, nonviolent ways.  The in-service 
 training must be ongoing and involve experts familiar with 
 domestic violence and personal safety issues. 

    Subd. 3.    Funding sources.  Districts may accept funds 
 from public and private sources for violence prevention programs 
 developed and implemented under this section. 

    HIST: 1992 c 571 art 10 s 6; 1994 c 647 art 4 s 34; 1Sp1995 c 
 3 art 16 s 13; 1996 c 305 art 1 s 138; 1Sp1997 c 4 art 7 s 9; 
 1998 c 397 art 3 s 92,103 

     120B.23 Violence prevention education grants. 

    Subdivision 1.    Grant program established.  The 
 commissioner of children, families, and learning, after 
 consulting with the assistant commissioner of the office of drug 
 policy and violence prevention, shall establish a violence 
 prevention education grant program to enable a school district, 
 an education district, or a group of districts that cooperate 
 for a particular purpose to develop and implement or to continue 
 a violence prevention program for students in kindergarten 
 through grade 12 that can be integrated into existing 
 curriculum.  A district or group of districts that elects to 
 develop and implement or to continue a violence prevention 
 program under section 120B.22 is eligible to apply for a grant 
 under this section. 

    Subd. 2.    Grant application.  To be eligible to 
 receive a grant, a school district, an education district, a 
 service cooperative, or a group of districts that cooperate for 
 a particular purpose must submit an application to the 
 commissioner in the form and manner and according to the 
 timeline established by the commissioner.  The application must 
 describe how the applicant will:  (1) continue or integrate into 
 its existing K-12 curriculum a program for violence prevention 
 that contains the program components listed in section 120B.22; 
 (2) collaborate with local organizations involved in violence 
 prevention and intervention; and (3) structure the program to 
 reflect the characteristics of the children, their families and 
 the community involved in the program.  The commissioner may 
 require additional information from the applicant.  When 
 reviewing the applications, the commissioner shall determine 
 whether the applicant has met the requirements of this 
 subdivision. 

    Subd. 3.    Grant awards.  The commissioner may award 
 grants for a violence prevention education program to eligible 
 applicants as defined in subdivision 2.  Grant amounts may not 
 exceed $3 per resident pupil unit in the district or group of 
 districts in the prior school year.  Grant recipients should be 
 geographically distributed throughout the state. 

    Subd. 4.    Grant proceeds.  A successful applicant must 
 use the grant money to develop and implement or to continue a 
 violence prevention program according to the terms of the grant 
 application. 

    HIST: 1992 c 571 art 10 s 30; 1994 c 576 s 2; 1994 c 647 art 4 
 s 35; 1Sp1995 c 3 art 9 s 29; art 16 s 13; 1998 c 397 art 3 s 
 93,103; art 11 s 3 

     120B.24 Endowed chair. 

    Subdivision 1.    Purpose.  The purpose of the endowed 
 chair program is to increase curriculum offerings and learning 
 experiences available to students. 

    Subd. 2.    Eligibility.  A school site, represented by 
 the school site council or, if no site council exists, the 
 principal or lead teacher, and the party interested in endowing 
 a chair may enter into an agreement for an endowed chair for no 
 longer than one year in length.  The party endowing the chair 
 and the school site may, at their discretion, renew annually. 

    Subd. 3.    Program.  An endowed chair program may be 
 for a semester, a summer session, or a full school year.  
 Curriculum developed or provided under the endowed chair program 
 must supplement the existing curriculum offerings available at 
 the school in the particular subject chosen. 

    Subd. 4.    Agreement.  The agreement must make 
 available funds sufficient for the salary and benefit costs of 
 the instructor, and necessary supplies for the course.  The 
 participating site must provide the classroom space and 
 administer the program.  The parties, in consultation with the 
 school district and the exclusive representative of the 
 teachers, jointly select the instructor for the endowed chair. 

    HIST: 1996 c 412 art 8 s 9; 1998 c 397 art 6 s 124 

     120B.30 Statewide testing and reporting system. 

    Subdivision 1.    Statewide testing.  (a) The 
 commissioner, with advice from experts with appropriate 
 technical qualifications and experience and stakeholders, shall 
 include in the comprehensive assessment system, for each grade 
 level to be tested, a single statewide norm-referenced or 
 criterion-referenced test, or a combination of a norm-referenced 
 and a criterion-referenced test, which shall be highly 
 correlated with the state's graduation standards and 
 administered annually to all students in the third, fifth, and 
 eighth grades.  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' 
 testing requirements for a passing state notation.  

    (b) In addition, at the secondary 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 and testing process shall be 
 determined by the commissioner.  The results shall be aggregated 
 at the site and district level.  The testing shall be 
 administered beginning in the 1999-2000 school year and 
 thereafter. 

    (c) The comprehensive assessment system shall include an 
 evaluation of school site and school district performance levels 
 during the 1997-1998 school year and thereafter using an 
 established performance baseline developed from students' test 
 scores under this section that records, at a minimum, students' 
 unweighted mean test scores in each tested subject, a second 
 performance baseline that reports, at a minimum, the same 
 unweighted mean test scores of only those students enrolled in 
 the school by January 1 of the previous school year, and a third 
 performance baseline that reports the same unweighted test 
 scores of all students except those students receiving limited 
 English proficiency instruction.  The evaluation also shall 
 record separately, in proximity to the performance baselines, 
 the percentages of students who are eligible to receive a free 
 or reduced price school meal, demonstrate limited English 
 proficiency, or are eligible to receive special education 
 services. 

    (d) In addition to the testing and reporting requirements 
 under paragraphs (a), (b), and (c), the commissioner shall 
 include the following components in the statewide educational 
 accountability and public reporting system: 

    (1) uniform statewide testing of all third, fifth, eighth, 
 and post-eighth grade students with exemptions, only with parent 
 or guardian approval, from the testing requirement only 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 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; 

    (2) educational indicators that can be aggregated and 
 compared across school districts and across time on a statewide 
 basis; 

    (3) students' scores on the American College Test; 

    (4) 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; and 

    (5) basic skills and advanced competencies connecting 
 teaching and learning to high academic standards, assessment, 
 and transitions to citizenship and employment. 

    (e) Districts must report exemptions under paragraph (d), 
 clause (1), to the commissioner consistent with a format 
 provided by the commissioner. 

    Subd. 2.    Department of children, families, and learning 
 assistance.  The department of children, families, and 
 learning shall contract for professional and technical services 
 according to competitive bidding procedures under chapter 16C 
 for purposes of this section. 

    Subd. 3.    Reporting.  The commissioner shall report 
 test data publicly and to stakeholders, including the three 
 performance baselines developed from students' unweighted mean 
 test scores in each tested subject and a listing of demographic 
 factors that strongly correlate with student performance.  The 
 commissioner shall also report data that compares performance 
 results among school sites, school districts, Minnesota and 
 other states, and Minnesota and other nations.  The commissioner 
 shall disseminate to schools and school districts a more 
 comprehensive report containing testing information that meets 
 local needs for evaluating instruction and curriculum. 

    HIST: 1997 c 138 s 1; 1998 c 386 art 2 s 38; 1998 c 397 art 4 
 s 2,51; art 11 s 3; 1998 c 398 art 5 s 8; 1999 c 241 art 9 s 3 

     120B.31 System accountability and statistical 
  adjustments. 

    Subdivision 1.    Educational accountability and public 
 reporting.  Consistent with the process to adopt a 
 results-oriented graduation rule under section 120B.02, the 
 department, in consultation with education and other system 
 stakeholders, must establish a coordinated and comprehensive 
 system of educational accountability and public reporting that 
 promotes higher academic achievement.  

    Subd. 2.    Statewide testing.  Each school year, all 
 school districts shall give a uniform statewide test to students 
 at specified grades to provide information on the status, needs 
 and performance of Minnesota students. 

    Subd. 3.    Educational accountability.  (a) The 
 independent office of educational accountability, as authorized 
 by Laws 1997, First Special Session chapter 4, article 5, 
 section 28, subdivision 2, is established.  The office shall 
 advise the education committees of the legislature and the 
 commissioner of children, families, and learning, at least on a 
 biennial basis, on the degree to which the statewide educational 
 accountability and reporting system includes a comprehensive 
 assessment framework that measures school accountability for 
 students achieving the goals described in the state's 
 results-oriented graduation rule.  The office shall consider 
 whether the statewide system of educational accountability 
 utilizes multiple indicators to provide valid and reliable 
 comparative and contextual data on students, schools, districts, 
 and the state, and if not, recommend ways to improve the 
 accountability reporting system. 

    (b) When the office reviews the statewide educational 
 accountability and reporting system, it shall also consider: 

    (1) the objectivity and neutrality of the state's 
 educational accountability system; and 

    (2) the impact of a testing program on school curriculum 
 and student learning. 

    Subd. 4.    Statistical adjustments.  In developing 
 policies and assessment processes to hold schools and districts 
 accountable for high levels of academic standards, including the 
 profile of learning, the commissioner shall aggregate student 
 data over time to report student performance levels measured at 
 the school district, regional, or statewide level.  When 
 collecting and reporting the data, the commissioner shall:  (1) 
 acknowledge the impact of significant demographic factors such 
 as residential instability, the number of single parent 
 families, parents' level of education, and parents' income level 
 on school outcomes; and (2) organize and report the data so that 
 state and local policymakers can understand the educational 
 implications of changes in districts' demographic profiles over 
 time.  Any report the commissioner disseminates containing 
 summary data on student performance must integrate student 
 performance and the demographic factors that strongly correlate 
 with that performance.  

    HIST: 1996 c 412 art 7 s 2; 1997 c 1 s 2; 1998 c 397 art 4 s 
 3,4,51; art 11 s 3; 1998 c 398 art 5 s 10,55 

     120B.35 Student achievement levels. 

    (a) Each school year, a school district must determine if 
 the student achievement levels at each school site meet state 
 expectations.  If student achievement levels at a school site do 
 not meet state expectations for two out of three consecutive 
 school years, beginning with the 2000-2001 school year, the 
 district must work with the school site to adopt a plan to raise 
 student achievement levels to state expectations.  The 
 legislature will determine state expectations after receiving a 
 recommendation from the commissioner of children, families, and 
 learning.  The commissioner must submit recommendations to the 
 legislature by January 15, 2000.  

    (b) The department must assist the district and the school 
 site in developing a plan to improve student achievement.  The 
 plan must include parental involvement components. 

    HIST: 1998 c 398 art 9 s 1; 1999 c 241 art 9 s 4 

     120B.39 Uniform forms for state examinations; 
  commissioner.  

    Upon the request of any superintendent of any public or 
 private school teaching high school courses in the state, the 
 commissioner shall designate or prepare uniform forms for state 
 examinations in each high school subject during the month of May 
 of each year; the request shall be in writing and delivered to 
 the commissioner before January 1 of that year. 

    HIST: Ex1959 c 71 art 2 s 16; 1969 c 1129 art 8 s 16; 1977 c 
 305 s 41; 1978 c 764 s 8; 1983 c 150 s 1; 1992 c 499 art 8 s 1; 
 1993 c 224 art 9 s 16,17; 1Sp1995 c 3 art 16 s 13; 1998 c 397 
 art 4 s 51; 1998 c 398 art 6 s 4-12 

*   NOTE:  This section, as added by Laws 1998, chapter 398, 
*article 6, section 9, is effective December 31, 1999.  Laws 
*1998, chapter 398, article 6, section 39.