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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 245.4889 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; 2007 c 147 art 8 s 38

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Revisor of Statutes