2005 Minnesota Statutes

     127A.095 Implementation of No Child Left Behind Act. 

    Subdivision 1.    Continued implementation.  The 
 Department of Education shall continue to implement the federal 
 No Child Left Behind Act, Public Law 107-110, without 
 interruption. 

    Subd. 2.    No Child Left Behind review.  (a) The 
 legislature intends to require the Department of Education to 
 conduct a comprehensive review of the consolidated state plan 
 the state submitted to the federal Department of Education to 
 implement the No Child Left Behind Act.  The Minnesota 
 Department of Education shall seek waivers under paragraph (b).  
 If the Department of Education is unable to obtain waivers under 
 paragraph (b), it should recommend in its report under paragraph 
 (b) whether the state should opt out of the No Child Left Behind 
 Act. 

    (b) The commissioner, by January 15, 2007, shall report to 
 the house of representatives and senate committees having 
 jurisdiction over kindergarten through grade 12 education policy 
 and finance whether the department has received approval from 
 the federal Department of Education to: 

    (1) allow the state to develop a plan for determining 
 adequate yearly progress that uses multiple measures of student 
 achievement that include value-added measurement of student 
 achievement in addition to standardized test results to evaluate 
 school and student performance; 

    (2) exclude from sanctions a school that is classified as 
 not having made adequate yearly progress due solely to different 
 subgroups testing below proficient levels for at least two 
 consecutive years; 

    (3) allow the state to average three years of data for the 
 purposes of identifying a school for improvement; 

    (4) allow the state to use No Child Left Behind Act money 
 to provide supplemental education services only in the academic 
 subject area that causes a school to miss adequate yearly 
 progress; 

    (5) exclude from sanctions schools that have not made 
 adequate yearly progress due solely to a subgroup of students 
 with disabilities not testing at a proficient level; 

    (6) identify a school as not making adequate yearly 
 progress only after the school has missed the adequate yearly 
 progress targets in the same subject and subgroup for two 
 consecutive years; 

    (7) limit the score of a student within multiple subgroups 
 to the smallest subgroup in which that student is included when 
 calculating adequate yearly progress; 

    (8) determine when to hold schools accountable for 
 including a student with limited English proficiency in adequate 
 yearly progress calculations; and 

    (9) use a fully computer-adaptive test for purposes of 
 compliance with the No Child Left Behind Act.  

    Subd. 3.    Department of Finance certification.  If the 
 federal Department of Education does not transmit to the 
 commissioner of education its approval of the conditions in 
 subdivision 2, paragraph (b), the commissioner of finance shall 
 certify and report to the legislature annually beginning January 
 1, 2008, the amount of federal revenue, if any, that the federal 
 government may withhold as a result of a potential state 
 decision to discontinue implementation of the No Child Left 
 Behind Act.  The report shall also specify the intended purpose 
 of the federal revenue and the amount of revenue that the 
 federal government may withhold from the state, each school 
 district, and each charter school in each fiscal year. 

    HIST: 1Sp2005 c 5 art 2 s 72