2006 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.
History: 1998 c 397 art 3 s 1; art 11 s 3

ACADEMIC STANDARDS

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 education must not implement the profile of learning portion
of the state's results-oriented graduation rule.
History: 2003 c 129 art 1 s 1; 2003 c 130 s 12

120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S STUDENTS.
(a) The legislature is committed to establishing rigorous academic standards for Minnesota's
public school students. To that end, the commissioner shall adopt in rule statewide 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. 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) 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 Education, 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) When fully implemented, the requirements for high school graduation in Minnesota
must require students to satisfactorily complete, as determined by the school district, the course
credit requirements under section 120B.024 and:
(1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the basic
skills test requirements; and
(2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass the
Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
(d) The commissioner shall periodically review and report on the state's assessment process.
(e) School districts are not required to adopt specific provisions of the federal School-to-Work
programs.
History: 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; 2000 c 500 s 2; 2003 c 129 art 1 s 2; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 4

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;
(5) health and physical education, for which locally developed academic standards apply; and
(6) 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 9th 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 9th 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. 1a. Rigorous course of study; waiver. (a) Upon receiving a student's application
signed by the student's parent or guardian, a school district, area learning center, or charter school
must declare that a student meets or exceeds a specific academic standard required for graduation
under this section if the local school board, the school board of the school district in which the
area learning center is located, or the charter school board of directors determines that the student:
(1) is participating in a course of study, including an advanced placement or international
baccalaureate course or program; a learning opportunity outside the curriculum of the district,
area learning center, or charter school; or an approved preparatory program for employment or
postsecondary education that is equally or more rigorous than the corresponding state or local
academic standard required by the district, area learning center, or charter school;
(2) would be precluded from participating in the rigorous course of study, learning
opportunity, or preparatory employment or postsecondary education program if the student were
required to achieve the academic standard to be waived; and
(3) satisfactorily completes the requirements for the rigorous course of study, learning
opportunity, or preparatory employment or postsecondary education program.
Consistent with the requirements of this section, the local school board, the school board of the
school district in which the area learning center is located, or the charter school board of directors
also may formally determine other circumstances in which to declare that a student meets or
exceeds a specific academic standard that the site requires for graduation under this section.
(b) A student who satisfactorily completes a postsecondary enrollment options course or
program under section 124D.09, or an advanced placement or international baccalaureate course
or program under section 120B.13, is not required to complete other requirements of the academic
standards corresponding to that specific rigorous course of study.
    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. 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, science, social
studies, and the arts. After the rules authorized under this subdivision are initially adopted, the
commissioner may not amend or repeal these rules nor adopt new rules on the same topic without
specific legislative authorization. The academic standards for language arts, mathematics, and the
arts must be implemented for all students beginning in the 2003-2004 school year. The academic
standards for science and social studies must be implemented for all students beginning in the
2005-2006 school year.
History: 2003 c 129 art 1 s 3; 2004 c 294 art 2 s 2; art 5 s 1; art 6 s 1; 1Sp2005 c 5 art
2 s 5; 2006 c 263 art 2 s 2

120B.022 ELECTIVE STANDARDS.
    Subdivision 1. Elective standards. A district must establish its own standards in the
following subject areas:
(1) vocational and technical education; and
(2) 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.
History: 2003 c 129 art 1 s 4; 2004 c 294 art 2 s 3

120B.023 BENCHMARKS.
    Subdivision 1. Benchmarks implement, supplement statewide academic standards.
(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. The
commissioner must publish benchmarks to inform and guide parents, teachers, school districts,
and other interested persons and to 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 subdivision 2.
(d) The commissioner must develop and implement a system for reviewing each of the
required academic standards and related benchmarks and elective standards on a periodic cycle,
consistent with subdivision 2.
(e) The benchmarks are not subject to chapter 14 and section 14.386 does not apply.
    Subd. 2. Revisions and reviews required. (a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent with
recommendations from school media specialists into the state's academic standards and graduation
requirements and implement a review cycle for state academic standards and related benchmarks,
consistent with this subdivision. During each review cycle, the commissioner also must examine
the alignment of each required academic standard and related benchmark with the knowledge and
skills students need for college readiness and advanced work in the particular subject area.
(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require that
students satisfactorily complete the revised mathematics standards, beginning in the 2010-2011
school year. Under the revised standards:
(1) students must satisfactorily complete an algebra I credit by the end of eighth grade; and
(2) students scheduled to graduate in the 2014-2015 school year or later must satisfactorily
complete an algebra II credit or its equivalent.
The commissioner also must ensure that the statewide mathematics assessments administered to
students in grades 3 through 8 and 11 beginning in the 2010-2011 school year are aligned with the
state academic standards in mathematics. The statewide 11th grade mathematics test administered
to students under clause (2) beginning in the 2013-2014 school year must include algebra II
test items that are aligned with corresponding state academic standards in mathematics. The
commissioner must implement a review of the academic standards and related benchmarks in
mathematics beginning in the 2015-2016 school year.
(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that students
satisfactorily complete the revised arts standards beginning in the 2010-2011 school year. The
commissioner must implement a review of the academic standards and related benchmarks in
arts beginning in the 2016-2017 school year.
(d) The commissioner in the 2008-2009 school year must revise and align the state's academic
standards and high school graduation requirements in science to require that students satisfactorily
complete the revised science standards, beginning in the 2011-2012 school year. Under the revised
standards, students scheduled to graduate in the 2014-2015 school year or later must satisfactorily
complete a chemistry or physics credit. The commissioner must implement a review of the
academic standards and related benchmarks in science beginning in the 2017-2018 school year.
(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require that
students satisfactorily complete the revised language arts standards beginning in the 2012-2013
school year. The commissioner must implement a review of the academic standards and related
benchmarks in language arts beginning in the 2018-2019 school year.
(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require that
students satisfactorily complete the revised social studies standards beginning in the 2013-2014
school year. The commissioner must implement a review of the academic standards and related
benchmarks in social studies beginning in the 2019-2020 school year.
(g) School districts and charter schools must revise and align local academic standards and
high school graduation requirements in health, physical education, world languages, and career
and technical education to require students to complete the revised standards beginning in a
school year determined by the school district or charter school. School districts and charter
schools must formally establish a periodic review cycle for the academic standards and related
benchmarks in health, physical education, world languages, and career and technical education.
History: 2003 c 129 art 1 s 5; 2006 c 263 art 2 s 3

120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
(a) Students beginning 9th 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, encompassing at least United States history,
geography, government and citizenship, world history, and economics or three credits of social
studies encompassing at least United States history, geography, government and citizenship, and
world history, and one-half credit of economics taught in a school's social studies, agriculture
education, or business department;
(5) one credit in the arts; and
(6) a minimum of seven elective course credits.
A course credit is equivalent to a student successfully completing an academic year of study
or a student mastering the applicable subject matter, as determined by the local school district.
(b) An agriculture science course may fulfill a science credit requirement in addition to the
specified science credits in biology and chemistry or physics under paragraph (a), clause (3).
History: 2003 c 129 art 1 s 6; 2004 c 294 art 2 s 4; 2006 c 263 art 2 s 4

120B.03 [Repealed, 2000 c 500 s 21]

120B.031 [Repealed, 2003 c 129 art 1 s 12]

120B.04 [Repealed, 2000 c 500 s 21]

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 or standards 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.
History: 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;
1Sp2001 c 6 art 1 s 4

CURRICULUM

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

120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM,
INSTRUCTION, AND STUDENT ACHIEVEMENT.
    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 enable a student to
meet state and district academic standards and graduation requirements.
(b) "Curriculum" means district or school adopted programs and written plans for providing
students with learning experiences that lead to expected knowledge and skills.
    Subd. 2. Adopting policies. A school board shall have in place an adopted written policy
that includes the following:
(1) district goals for instruction including the use of best practices, district and school
curriculum, and achievement for all student subgroups;
(2) a process for evaluating each student's progress toward meeting academic standards
and identifying the strengths and weaknesses of instruction and curriculum affecting students'
progress;
(3) a system for periodically reviewing and evaluating all instruction and curriculum;
(4) a plan for improving instruction, curriculum, and student achievement; and
(5) an education effectiveness plan aligned with section 122A.625 that integrates instruction,
curriculum, and technology.
    Subd. 3. District advisory committee. Each school board shall establish an advisory
committee to ensure active community participation in all phases of planning and improving the
instruction and curriculum affecting state and district academic 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, students, 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
rigorous academic standards, student achievement goals and measures, 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, curriculum, and student achievement. 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 and district academic 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 achievement goals for meeting state academic standards;
(2) results of local assessment data, and any additional test data;
(3) the annual school district improvement plans including staff development goals under
section 122A.60;
(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.
(b) The school board shall publish the report in the local newspaper with the largest
circulation in the district, by mail, or by electronic means such as the district Web site. If electronic
means are used, school districts must publish notice of the report in a periodical of general
circulation in the district. School districts must make copies of the report available to the public
on request. 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 education 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 Achievement." 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) student achievement results compared to previous years.
History: 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;
2000 c 254 s 2; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 6-11; 2006 c 263 art 7 s 1

120B.12 READING INTERVENTION.
    Subdivision 1. Literacy goal. The legislature seeks to have Minnesota's children able to
read no later than the end of second grade.
    Subd. 2. Identification. For the 2002-2003 school year and later, each school district shall
identify before the end of first grade students who are at risk of not learning to read before the end
of second grade. The district must use a locally adopted assessment method.
    Subd. 3. Intervention. For each student identified under subdivision 2, the district shall
provide a reading intervention method or program to assist the student in reaching the goal
of learning to read no later than the end of second grade. District intervention methods shall
encourage parental involvement and, where possible, collaboration with appropriate school
and community programs. Intervention methods may include, but are not limited to, requiring
attendance in summer school and intensified reading instruction that may require that the student
be removed from the regular classroom for part of the school day.
    Subd. 4. Staff development. Each district shall identify the staff development needs to
ensure that:
(1) elementary teachers are able to implement comprehensive, scientifically based, and
balanced reading instruction programs that have resulted in improved student performance;
(2) elementary teachers who are instructing students identified under subdivision 2 are
prepared to teach using the intervention methods or programs selected by the district for the
identified students; and
(3) all licensed teachers employed by the district have regular opportunities to improve
reading instruction.
    Subd. 5. Commissioner. The commissioner shall recommend to districts multiple assessment
tools that will assist districts and teachers with identifying students under subdivision 2. The
commissioner shall also make available to districts examples of nationally recognized and
research-based instructional methods or programs that districts may use to provide reading
intervention according to this section.
History: 1Sp2001 c 13 s 12

120B.125 INVOLUNTARY CAREER TRACKING PROHIBITED.
A school district may develop grade-level curricula or provide instruction that
introduces students to various careers, but must not require any curriculum, instruction, or
employment-related activity that obligates an elementary or secondary student to involuntarily
select a career, career interest, employment goals, or related job training.
History: 1Sp2001 c 6 art 2 s 3

120B.128 EDUCATIONAL PLANNING AND ASSESSMENT SYSTEM (EPAS)
PROGRAM.
(a) School districts and charter schools may elect to participate in the Educational Planning
and Assessment System (EPAS) program offered by ACT, Inc. to provide a longitudinal,
systematic approach to student educational and career planning, assessment, instructional support,
and evaluation. The EPAS achievement tests include English, reading, mathematics, science, and
components on planning for high school and postsecondary education, interest inventory, needs
assessments, and student education plans. These tests are linked to the ACT assessment for
college admission and allow students, parents, teachers, and schools to determine the student's
college readiness before grades 11 and 12.
(b) The commissioner of education shall provide ACT Explore tests for students in grade 8
and the ACT Plan test for students in grade 10 to assess individual student academic strengths
and weaknesses, academic achievement and progress, higher order thinking skills, and college
readiness. The state shall pay the test costs for school districts and charter schools that choose to
participate in the EPAS program. The commissioner shall establish an application procedure and a
process for state payment of costs.
History: 1Sp2005 c 5 art 2 s 12

120B.13 ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE
PROGRAMS.
    Subdivision 1. Program structure; training programs for teachers. (a) The advanced
placement and international baccalaureate programs are well-established academic programs for
mature, academically directed high school students. These programs, in addition to providing
academic rigor, offer sound curricular design, accountability, comprehensive external assessment,
feedback to students and teachers, and the opportunity for high school students to compete
academically on a global level. Advanced placement and international baccalaureate programs
allow students to leave high school with the academic skills and self-confidence to succeed in
college and beyond. The advanced placement and international baccalaureate programs help
provide Minnesota students with world-class educational opportunity.
(b) Critical to schools' educational success is ongoing advanced placement/international
baccalaureate-approved teacher training. A secondary teacher assigned by a district to teach
an advanced placement or international baccalaureate course or other interested educator 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, board, and out-of-state
travel costs a teacher or other interested educator incurs in participating in a training program.
The commissioner shall determine application procedures and deadlines, select teachers and
other interested educators to participate in the training program, and determine the payment
process and amount of the subsidy. 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 or other interested educator 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. The commissioner shall pay all
examination fees for all public and nonpublic students of low-income families, as defined by the
commissioner, and to the limit of the available appropriation, shall also pay a portion or all of
the examination fees for other public and nonpublic students sitting for an advanced placement
examination, international baccalaureate examination, or both. The commissioner shall determine
procedures for state payments of fees.
    Subd. 3a. College credit. The colleges and universities of the Minnesota State Colleges and
Universities system must award, and the University of Minnesota and private postsecondary
institutions are encouraged to award, college credit to high school students who receive a score of
three or higher on an advanced placement or four or higher on the international baccalaureate
program examination.
    Subd. 4. Information. The commissioner shall submit the following information to the
education committees of the legislature each year by February 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.
History: 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; 2000 c 489 art 6 s 1; 1Sp2001 c 6 art 2 s 2; 2002 c 220
art 3 s 1; 1Sp2005 c 5 art 2 s 13-15

120B.131 COLLEGE-LEVEL EXAMINATION PROGRAM (CLEP).
    Subdivision 1. Program structure. The college-level examination program (CLEP) offered
by the College Board provides students with the opportunity to demonstrate college-level
achievement and receive college credit or advanced standing through a program of examinations
in undergraduate college courses. Schools must provide information about CLEP and the
opportunity to receive college credit from a Minnesota postsecondary institution to students
successfully completing a college-level course.
    Subd. 2. Reimbursement for examination fees. The state may reimburse college-level
examination program (CLEP) fees for a Minnesota public or nonpublic high school student
who has successfully completed one or more college-level courses in high school in the subject
matter of each examination in the following subjects: composition and literature, mathematics
and science, social sciences and history, foreign languages, and business and humanities. The
state may reimburse each student for up to six examination fees. The commissioner shall establish
application procedures and a process and schedule for fee reimbursements. The commissioner
must give priority to reimburse the CLEP examination fees of students of low-income families.
    Subd. 3. College credit. The colleges and universities of the Minnesota State Colleges and
Universities system must award, and the University of Minnesota and private postsecondary
institutions are encouraged to award, college credit to high school students who receive a
satisfactory score on a CLEP examination under this section. The commissioner, in consultation
with the Minnesota State Colleges and Universities, shall set a passing score for college credits.
History: 1Sp2005 c 5 art 2 s 16; 2006 c 263 art 2 s 5

120B.132 RAISED ACADEMIC ACHIEVEMENT; ADVANCED PLACEMENT
PROGRAMS.
    Subdivision 1. Establishment; eligibility. A program is established to raise kindergarten
through grade 12 academic achievement through increased student participation in preadvanced
placement and advanced placement programs. Schools and charter schools eligible to participate
under this section:
(1) must have a three-year plan approved by the local school board to create a new or expand
an existing program to implement the college board advanced placement courses and exams or
preadvanced placement courses; and
(2) must propose to further raise students' academic achievement by:
(i) increasing the availability of and all students' access to advanced placement;
(ii) expanding the breadth of advanced placement courses or programs that are available
to students;
(iii) increasing the number and the diversity of the students who participate in advanced
placement courses or programs and succeed;
(iv) providing low-income and other disadvantaged students with increased access to
advanced placement courses and programs; or
(v) increasing the number of high school students, including low-income and other
disadvantaged students, who receive college credit by successfully completing advanced
placement courses or programs and achieving satisfactory scores on related exams.
    Subd. 2. Application and review process; funding priority. (a) Charter schools and
school districts in which eligible schools under subdivision 1 are located may apply to the
commissioner, in the form and manner the commissioner determines, for competitive funding
to further raise students' academic achievement. The application must detail the specific efforts
the applicant intends to undertake in further raising students' academic achievement, consistent
with subdivision 1, and a proposed budget detailing the district or charter school's current and
proposed expenditures for advanced placement or preadvanced placement courses and programs.
The proposed budget must demonstrate that the applicant's efforts will supplement but not
supplant any expenditures for advanced placement and preadvanced placement courses and
programs the applicant currently makes available to students. Expenditures for administration
must not exceed five percent of the proposed budget. The commissioner may require an applicant
to provide additional information.
(b) When reviewing applications, the commissioner must determine whether the applicant
satisfied all the requirements in this subdivision and subdivision 1. The commissioner may give
funding priority to an otherwise qualified applicant that demonstrates:
(1) a focus on developing or expanding advanced placement courses and programs or
increasing students' participation in, access to, or success with the courses or programs, including
the participation, access, or success of low-income and other disadvantaged students;
(2) a compelling need for access to advanced placement programs;
(3) an effective ability to actively involve local business and community organizations in
student activities that are integral to advanced placement courses and programs;
(4) access to additional public or nonpublic funds or in-kind contributions that are available
for advanced placement programs; or
(5) an intent to implement activities that target low-income and other disadvantaged students.
    Subd. 3. Funding; permissible funding uses. (a) The commissioner shall award grants to
applicant school districts and charter schools that meet the requirements of subdivisions 1 and 2.
The commissioner must award grants on an equitable geographical basis to the extent feasible and
consistent with this section. Grant awards must not exceed the lesser of:
(1) $85 times the number of pupils enrolled at the participating sites on October 1 of the
previous fiscal year; or
(2) the approved supplemental expenditures based on the budget submitted under subdivision
2. For charter schools in their first year of operation, the maximum grant award must be calculated
using the number of pupils enrolled on October 1 of the current fiscal year. The commissioner
may adjust the maximum grant award computed using prior year data for changes in enrollment
attributable to school closings, school openings, grade level reconfigurations, or school district
reorganizations between the prior fiscal year and the current fiscal year.
(b) School districts and charter schools that submit an application and receive funding under
this section must use the funding, consistent with the application, to:
(1) provide teacher training and instruction to more effectively serve students, including
low-income and other disadvantaged students, who participate in preadvanced and advanced
placement programs;
(2) further develop advanced placement courses or programs;
(3) improve the transition between grade levels to better prepare students, including
low-income and other disadvantaged students, for succeeding in advanced placement programs;
(4) purchase books and supplies;
(5) pay course or program fees;
(6) increase students' participation in and success with advanced placement programs;
(7) expand students' access to preadvanced placement or advanced placement courses or
programs through online learning;
(8) hire appropriately licensed personnel to teach additional advanced placement programs; or
(9) engage in other activity directly related to expanding students' access to, participation in,
and success with preadvanced placement or advanced placement courses and programs, including
low-income and other disadvantaged students.
    Subd. 4. Annual reports. (a) Each school district and charter school that receives a grant
under this section annually must collect demographic and other student data to demonstrate and
measure the extent to which the district or charter school raised students' academic achievement
under this program and must report the data to the commissioner in the form and manner the
commissioner determines. The commissioner annually by February 15 must make summary data
about this program available to the education policy and finance committees of the legislature.
(b) Each school district and charter school that receives a grant under this section annually
must report to the commissioner, consistent with the Uniform Financial Accounting and Reporting
Standards, its actual expenditures for advanced placement and preadvanced placement programs.
The report must demonstrate that the school district or charter school has maintained its effort
from other sources for advanced placement and preadvanced placement programs compared with
the previous fiscal year, and the district or charter school has expended all grant funds, consistent
with its approved budget.
History: 2006 c 282 art 4 s 1

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

120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.
School districts may identify students, locally develop programs, provide staff development,
and evaluate programs to provide gifted and talented students with challenging educational
programs.
School districts may adopt guidelines for assessing and identifying students for participation
in gifted and talented programs. The guidelines should include the use of:
(1) multiple and objective criteria; and
(2) assessments and procedures that are valid and reliable, fair, and based on current theory
and research.
History: 1Sp2005 c 5 art 2 s 17

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

120B.19 CHINESE LANGUAGE PROGRAMS; CURRICULUM DEVELOPMENT
PROJECT.
    Subdivision 1. Project parameters. (a) Notwithstanding other law to the contrary, the
commissioner of education may contract with the Board of Regents of the University of
Minnesota or other Minnesota public entity the commissioner determines is qualified to undertake
the development of an articulated K-12 Chinese curriculum for Minnesota schools that involves:
(1) creating a network of Chinese teachers and educators able to develop new and modify
or expand existing world languages K-12 curricula, materials, assessments, and best practices
needed to provide Chinese language instruction to students; and
(2) coordinating statewide efforts to develop and expand Chinese language instruction so
that it is uniformly available to students throughout the state, and making innovative use of
media and technology, including television, distance learning, and online courses to broaden
students' access to the instruction.
(b) The entity with which the commissioner contracts under paragraph (a) must have
sufficient knowledge and expertise to ensure the professional development of appropriate,
high-quality curricula, supplementary materials, aligned assessments, and best practices that
accommodate different levels of student ability and types of programs.
(c) Project participants must:
(1) work throughout the project to develop curriculum, supplementary materials, aligned
assessments, and best practices; and
(2) make curriculum, supplementary materials, aligned assessments, and best practices
equitably available to Minnesota schools and students.
    Subd. 2. Project participants. The entity with which the commissioner contracts must work
with the network of Chinese teachers and educators to:
(1) conduct an inventory of Chinese language curricula, supplementary materials, and
professional development initiatives currently used in Minnesota or other states;
(2) develop Chinese language curricula and benchmarks aligned to local world language
standards and classroom-based assessments; and
(3) review and recommend to the commissioner how best to build an educational
infrastructure to provide more students with Chinese language instruction, including how to
develop and provide: (i) an adequate supply of Chinese language teachers; (ii) an adequate
number of high-quality school programs; (iii) appropriate curriculum, instructional materials,
and aligned assessments that include technology-based delivery systems; (iv) teacher preparation
programs to train Chinese language teachers; (v) expedited licensing of Chinese language
teachers; (vi) best practices in existing educational programs that can be used to establish K-12
Chinese language programs; and (vii) technical assistance resources.
History: 2006 c 282 art 4 s 4

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.
History: 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 education, in
consultation with the commissioners of health and human services, state minority councils,
battered women's and domestic abuse programs, battered women's shelters, 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, self-protection, 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.
History: 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; 2000 c 445 art 2 s 6; 2003
c 130 s 12; 1Sp2005 c 5 art 2 s 18

120B.23 VIOLENCE PREVENTION EDUCATION GRANTS.
    Subdivision 1. Grant program established. The commissioner of education, 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.
History: 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; 2003 c 130 s 12

120B.232 CHARACTER DEVELOPMENT EDUCATION.
    Subdivision 1. Character development education. The legislature encourages districts
to integrate or offer instruction on character education including, but not limited to, character
qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness,
self-discipline, patience, forgiveness, respect for others, peacemaking, and resourcefulness.
Instruction should be integrated into a district's existing programs, curriculum, or the general
school environment. The commissioner shall provide assistance at the request of a district to
develop character education curriculum and programs.
    Subd. 2. Funding sources. The commissioner must first use federal funds for character
development education programs to the extent available under United States Code, title 20,
section 7247. Districts may accept funds from private and other public sources for character
development education programs developed and implemented under this section.
History: 1Sp2005 c 5 art 2 s 19

120B.233 CHARACTER DEVELOPMENT EDUCATION REVENUE; PILOT
PROGRAM.
    Subdivision 1. Pilot program created. A pilot program is created to allow school districts
to receive character development education revenue to purchase curriculum for the purposes of
section 120B.232. Character development education revenue for school districts equals $30 times
the district's adjusted marginal cost pupil units.
    Subd. 2. Approved provider list. The commissioner of education shall maintain a character
development education curriculum approved provider list. The character development education
curriculum of approved providers shall be research based with at least one completed relational
study covering a period of no fewer than five years and completed by an independent party.
Approved character development education curriculum must include:
(1) age appropriate character development for the classroom in all elementary and secondary
grades;
(2) curriculum for character development extracurricular activities;
(3) teacher training workshops and in-service training;
(4) plans for school assemblies promoting character development;
(5) midyear consulting between the school district and the provider; and
(6) an assessment program.
    Subd. 3. Application and selection process. A school district may submit to the
commissioner an application for funding in the form and manner specified by the commissioner.
The commissioner shall approve applications that propose to use an approved provider and that
agree to use the program as recommended by the provider. The commissioner must approve or
disapprove an application within 30 days of receipt on a first-come, first-served basis.
History: 2006 c 282 art 4 s 6

120B.235 AMERICAN HERITAGE EDUCATION.
(a) School districts shall permit grade-level instruction for students to read and study
America's founding documents, including documents that contributed to the foundation or
maintenance of America's representative form of limited government, the Bill of Rights, our
free-market economic system, and patriotism.
(b) Districts may not censor or restrain instruction in American or Minnesota state history
or heritage based on religious references in original source documents, writings, speeches,
proclamations, or records.
History: 1Sp2005 c 5 art 2 s 20

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

ASSESSMENT; ACCOUNTABILITY

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, consistent with subdivision
1a, shall include in the comprehensive assessment system, for each grade level to be tested,
state-constructed tests developed from and aligned with the state's required academic standards
under section 120B.021 and administered annually to all students in 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 machine-scoreable and constructed response questions.
The commissioner shall establish one or more months during which schools shall administer the
tests to students each school year. For students enrolled in grade 8 before the 2005-2006 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.
For students enrolled in grade 8 in the 2005-2006 school year and later, only the Minnesota
Comprehensive Assessments Second Edition (MCA-IIs) in reading, mathematics, and writing
shall fulfill students' academic standard requirements.
(b) The third through 8th 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 test results upon receiving those results.
(c) 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) In addition to the testing and reporting requirements under this section, the commissioner
shall include the following components in the statewide public reporting system:
(1) uniform statewide testing of all 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 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.
(e) Districts must report exemptions under paragraph (d), clause (1), to the commissioner
consistent with a format provided by the commissioner.
    Subd. 1a. Statewide and local assessments; results. (a) The commissioner must develop
reading, 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, health and
physical education, and the arts. The commissioner must require:
(1) annual reading 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 a life sciences assessment in 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)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine whether
students have met the state's basic skills requirements; and
(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine whether
students have met the state's academic standards.
(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.
    Subd. 2. Department of Education assistance. The Department of Education 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.
    Subd. 4. Access to tests. The commissioner must adopt and publish a policy to provide public
and parental access for review of basic skills tests, Minnesota Comprehensive Assessments, or
any other such statewide test and assessment. Upon receiving a written request, the commissioner
must make available to parents or guardians a copy of their student's actual answer sheet to the
test questions to be reviewed by the parent.
History: 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; 2000 c 489 art 6 s 2; 2000 c 500 s 15; 1Sp2001 c 6 art 2 s 4;
2003 c 129 art 1 s 7,8; 2003 c 130 s 12; 2004 c 294 art 6 s 2; 1Sp2005 c 5 art 2 s 21-23

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 education, 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 under section 120B.021,
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 policy makers 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.
History: 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; 2003 c 130 s 12; 1Sp2005 c 5 art 11 s 1

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND PROGRESS.
    Subdivision 1. Adequate yearly progress of schools and students. The commissioner
must develop and implement a system for measuring and reporting academic achievement and
individual student progress, consistent with the statewide educational accountability and reporting
system. The components of the system must measure the adequate yearly progress of schools
and individual students: students' current achievement in schools under subdivision 2; and
individual students' educational progress over time under subdivision 3. The system also must
include statewide measures of student academic achievement that identify schools with high
levels of achievement, and also schools with low levels of achievement that need improvement.
When determining a school's effect, the data must include both statewide measures of student
achievement and, to the extent annual tests are administered, indicators of achievement growth
that take into account a student's prior achievement. Indicators of achievement and prior
achievement must be based on highly reliable statewide or districtwide assessments. Indicators
that take into account a student's prior achievement must not be used to disregard a school's low
achievement or to exclude a school from a program to improve low achievement levels. The
commissioner by January 15, 2002, must submit a plan for integrating these components to the
chairs of the legislative committees having policy and budgetary responsibilities for elementary
and secondary education.
    Subd. 2. Student academic achievement. (a) Each school year, a school district must
determine if the student achievement levels at each school site meet state and local expectations.
If student achievement levels at a school site do not meet state and local expectations and the
site has not made adequate yearly progress for two consecutive school years, beginning with the
2001-2002 school year, the district must work with the school site to adopt a plan to raise student
achievement levels to meet state and local expectations. The commissioner of education shall
establish student academic achievement levels.
(b) School sites identified as not meeting expectations must develop continuous improvement
plans in order to meet state and local expectations for student academic achievement. The
department, at a district's request, must assist the district and the school site in developing a plan
to improve student achievement. The plan must include parental involvement components.
(c) The commissioner must:
(1) provide assistance to school sites and districts identified as not meeting expectations; and
(2) provide technical assistance to schools that integrate student progress measures under
subdivision 3 in the school continuous improvement plan.
(d) The commissioner shall establish and maintain a continuous improvement Web site
designed to make data on every school and district available to parents, teachers, administrators,
community members, and the general public.
    Subd. 3. Student progress assessment. (a) The educational assessment system component
measuring individual students' educational progress must be based, to the extent annual tests
are administered, 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 or districtwide assessments.
(b) The commissioner must identify effective models for measuring individual student
progress that enable a school district or school site to perform gains-based analysis, including
evaluating the effects of the teacher, school, and school district on student achievement over time.
At least one model must be a "value-added" assessment model that reliably estimates those effects
for classroom settings where a single teacher teaches multiple subjects to the same group of
students, for team teaching arrangements, and for other teaching circumstances.
(c) If a district has an accountability plan that includes gains-based analysis or "value-added"
assessment, the commissioner shall, to the extent practicable, incorporate those measures
in determining whether the district or school site meets expectations. The department must
coordinate with the district in evaluating school sites and continuous improvement plans,
consistent with best practices.
    Subd. 4. Improving schools. Consistent with the requirements of this section, the
commissioner of education must establish a second achievement benchmark to identify improving
schools. The commissioner must recommend to the legislature by February 15, 2002, indicators in
addition to the achievement benchmark for identifying improving schools, including an indicator
requiring a school to demonstrate ongoing successful use of best teaching practices.
    Subd. 5. Improving graduation rates for students with emotional or behavioral
disorders. (a) A district must develop strategies in conjunction with parents of students with
emotional or behavioral disorders and the county board responsible for implementing sections
245.487 to 245.4887 to keep students with emotional or behavioral disorders in school, when
the district has a drop-out rate for students with an emotional or behavioral disorder in grades 9
through 12 exceeding 25 percent.
(b) A district must develop a plan in conjunction with parents of students with emotional
or behavioral disorders and the local mental health authority to increase the graduation rates of
students with emotional or behavioral disorders. A district with a drop-out rate for children with
an emotional or behavioral disturbance in grades 9 through 12 that is in the top 25 percent of all
districts shall submit a plan for review and oversight to the commissioner.
History: 1998 c 398 art 9 s 1; 1999 c 241 art 9 s 4; 2000 c 500 s 16; 1Sp2001 c 6 art
2 s 5; 2003 c 130 s 12; 2004 c 294 art 5 s 2

120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.
    Subdivision 1. School performance report cards. (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.
(e) School performance report cards are nonpublic data under section 13.02, subdivision
9 , until not later than ten days after the appeal procedure described in paragraph (d) concludes.
The department shall annually post school performance report cards to its public Web site
no later than September 1.
    Subd. 2. Adequate yearly progress data. All data the department receives, collects, or
creates for purposes of determining adequate yearly progress designations under Public Law
107-110, section 1116, are nonpublic data under section 13.02, subdivision 9, until not later than
ten days after the appeal procedure described in subdivision 1, paragraph (d), concludes. Districts
must provide parents sufficiently detailed summary data to permit parents to appeal under Public
Law 107-110, section 1116(b)(2). The department shall annually post adequate yearly progress
data to its public Web site no later than September 1.
History: 2003 c 129 art 1 s 9; 2004 c 294 art 2 s 5

120B.362 VALUE-ADDED ASSESSMENT PROGRAM.
(a) The commissioner of education must implement a value-added assessment program to
assist school districts, public schools, and charter schools in assessing and reporting individual
students' growth in academic achievement under section 120B.30, subdivision 1a. The program
must use assessments of individual students' academic achievement to make longitudinal
comparisons of each student's academic growth over time. School districts, public schools, and
charter schools may apply to the commissioner to participate in the initial trial program using a
form and in the manner the commissioner prescribes. The commissioner must select program
participants from urban, suburban, and rural areas throughout the state.
(b) The commissioner may issue a request for proposals to contract with an organization
that provides a value-added assessment model that reliably estimates school and school district
effects on students' academic achievement over time. The model the commissioner selects must
accommodate diverse data and must use each student's test data across grades. Data on individual
teachers generated under the model are personnel data under section 13.43.
(c) The contract under paragraph (b) must be consistent with the definition of "best value"
under section 16C.02, subdivision 4.
History: 1Sp2005 c 5 art 2 s 24

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.
History: 2003 c 129 art 1 s 10

120B.365 ASSESSMENT ADVISORY COMMITTEE.
    Subdivision 1. Establishment. An Assessment Advisory Committee of up to 11 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.
History: 2003 c 129 art 1 s 11

120B.38 [Repealed, 1998 c 398 art 6 s 38]

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.
History: 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