1.1                          A bill for an act 
  1.2             relating to education; repealing the profile of 
  1.3             learning; setting state standards for educational 
  1.4             excellence; providing educational accountability; 
  1.5             requiring legislative approval; repealing portions of 
  1.6             Minnesota Rules, chapter 3501; amending Minnesota 
  1.7             Statutes 2002, section 120B.30, subdivision 1; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 120B. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [120B.001] [REPEALING PROFILE OF LEARNING 
  1.12  STATUTES AND RULES.] 
  1.13     (a) Notwithstanding sections 120B.02, 120B.031, 120B.30, 
  1.14  120B.31, and 120B.35, or other law to the contrary, the 
  1.15  commissioner of children, families, and learning must not 
  1.16  implement the profile of learning portion of the state's 
  1.17  results-oriented graduation rule and all rules under Minnesota 
  1.18  Rules, chapter 3501, related to the profile of learning portion 
  1.19  of the state's results-oriented graduation rule described in 
  1.20  this chapter are repealed. 
  1.21     (b) School districts must provide all high school students 
  1.22  who entered the ninth grade in the 2004-2005 school year or 
  1.23  earlier the opportunity to earn a high school diploma under 
  1.24  locally established graduation requirements and 
  1.25  state-established basic skills requirements in effect when the 
  1.26  students entered ninth grade. 
  1.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.1   following final enactment and applies to the 2003-2004 school 
  2.2   year and later. 
  2.3      Sec. 2.  [120B.0011] [STATE STANDARDS FOR EDUCATIONAL 
  2.4   EXCELLENCE.] 
  2.5      (a) High educational standards determine educational 
  2.6   excellence and must guide curriculum and instruction.  Teachers 
  2.7   must expect students to achieve high educational standards and 
  2.8   students must understand the importance of reaching such 
  2.9   standards.  The state must hold all students to high standards 
  2.10  so as to educate its increasingly diverse citizenry and must 
  2.11  reject differential standards because they lead to inequalities 
  2.12  in educational opportunity.  High educational standards: 
  2.13     (1) are fundamental to the state's accountability system; 
  2.14     (2) state what students must know and be able to do; 
  2.15     (3) are rigorous but attainable; 
  2.16     (4) do not tell teachers how to teach; 
  2.17     (5) outline the framework of an academic program to which 
  2.18  local schools and districts add unique and specific content; and 
  2.19     (6) do not establish a statewide curriculum. 
  2.20     (b) Although high educational standards do not direct how 
  2.21  standards are taught or proficiency is demonstrated, students 
  2.22  must be able to apply their knowledge and skills in a variety of 
  2.23  settings and think critically.  The standards state the content 
  2.24  and skills that students need to pursue academic and career 
  2.25  goals, contribute as productive citizens, and lead fulfilling 
  2.26  lives.  The standards clarify the responsibilities of schools 
  2.27  and students, challenge schools and students to improve 
  2.28  educational performance, and foster educational equity 
  2.29  throughout the state. 
  2.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.31  following final enactment. 
  2.32     Sec. 3.  [120B.0012] [REQUIRED AND OPTIONAL STANDARDS AND 
  2.33  TIME LINE ESTABLISHED.] 
  2.34     (a) The commissioner, consistent with the requirements of 
  2.35  this section and sections 120B.0011, 120B.0013, and 120B.0014, 
  2.36  must adopt statewide rules under chapter 14 that establish a set 
  3.1   of required and optional educational standards.  The 
  3.2   commissioner must make available for public review a statement 
  3.3   of the need for and reasonableness of each rule, consistent with 
  3.4   section 14.131.  After the rules authorized under this paragraph 
  3.5   are initially adopted, the commissioner may not amend or repeal 
  3.6   these rules nor adopt new rules on the same topic without 
  3.7   specific legislative authorization. 
  3.8      (b) At a minimum, English and mathematics standards, 
  3.9   consistent with section 120B.0013, paragraph (a), clauses (1) 
  3.10  and (2), must be implemented for all students beginning in the 
  3.11  2004-2005 school year.  Science standards, consistent with 
  3.12  section 120B.0013, paragraph (a), clause (3), must be 
  3.13  implemented for all students beginning in the 2005-2006 school 
  3.14  year.  Social studies and arts and literature standards, 
  3.15  consistent with section 120B.0013, paragraph (a), clauses (4) 
  3.16  and (5), must be implemented for all students beginning in the 
  3.17  2006-2007 school year. 
  3.18     (c) The required standards apply to all public school 
  3.19  students, except the very few students with extreme cognitive or 
  3.20  physical impairments for whom an individualized education plan 
  3.21  team has determined that the required standards are 
  3.22  inappropriate.  An individualized education plan team that makes 
  3.23  this determination must establish alternative standards. 
  3.24     (d) Optional standards under section 120B.0013 represent 
  3.25  what intermediate and secondary school students making elective 
  3.26  choices are expected to know and be able to do. 
  3.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.28  following final enactment. 
  3.29     Sec. 4.  [120B.0013] [REQUIRED AND OPTIONAL STANDARDS.] 
  3.30     (a) Minnesota's high educational standards encompass the 
  3.31  following five learning areas: 
  3.32     (1) English, which is composed of reading English that 
  3.33  includes, among other topics, comprehension of materials such as 
  3.34  graphs and charts, and writing English that includes, among 
  3.35  other topics, public speaking, and incorporates the standards 
  3.36  for English language arts developed by the National Council of 
  4.1   Teachers of English and the International Reading Association; 
  4.2      (2) mathematics, which emphasizes applied problem solving 
  4.3   but includes, among other topics, estimation, calculation, and 
  4.4   calculator use, and incorporates the principles and standards of 
  4.5   the National Council of Teachers of Mathematics; 
  4.6      (3) science, which includes environmental, physical, and 
  4.7   life sciences, and incorporates the National Science Education 
  4.8   Standards; 
  4.9      (4) social studies, which includes history, geography, 
  4.10  government and civics, economics and world cultures, and 
  4.11  incorporates the standards developed by the National Council for 
  4.12  Social Studies, the National Center for History in the Schools, 
  4.13  the National Council on Economic Education, the National Council 
  4.14  for Geographic Education, and the Center for Civic Education; 
  4.15  and 
  4.16     (5) arts and literature, which includes, among other 
  4.17  topics, music, graphic arts, and drama, and incorporates the 
  4.18  standards of the music educators' national conference and the 
  4.19  National Art Education Association. 
  4.20     (b) For purposes of aligning state standards and 
  4.21  assessments and complying with applicable federal law, at least 
  4.22  the reading, mathematics, and science standards established 
  4.23  under this section must specify what students are expected to 
  4.24  know and be able to do by the end of each grade level for which 
  4.25  a statewide assessment is administered.  
  4.26     (c) The state standards must incorporate, as a district 
  4.27  option, the coursework preparation requirements of the state's 
  4.28  public four-year higher education institutions and the 
  4.29  preparation requirements that enable students to forgo remedial 
  4.30  and developmental education courses in the state's two-year 
  4.31  higher education institutions. 
  4.32     (d) The state standards must include, as a district option, 
  4.33  a foreign language component that encompasses both oral and 
  4.34  written fluency and incorporates the standards of the American 
  4.35  council on the teaching of foreign languages. 
  4.36     (e) The state standards must include, as a district option, 
  5.1   a technical applications area for intermediate and secondary 
  5.2   students that incorporates the standards of the National 
  5.3   Research Center for Career and Technical Education and the 
  5.4   standards for technological literacy of the International 
  5.5   Technology Education Association. 
  5.6      (f) The state standards must include, as a district option, 
  5.7   a physical education component. 
  5.8      (g) The state standards must be supplemented by curriculum 
  5.9   framework and test specification documents useful to state and 
  5.10  local decision makers charged with determining appropriate 
  5.11  curriculum, staff development activities, and assessment 
  5.12  programs. 
  5.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  5.14  following final enactment. 
  5.15     Sec. 5.  [120B.0014] [STATEWIDE AND LOCAL ASSESSMENTS; 
  5.16  RESULTS.] 
  5.17     (a) The commissioner must develop reading, mathematics, and 
  5.18  science assessments using state-constructed tests that are 
  5.19  developed from and aligned with the standards under section 
  5.20  120B.0013, paragraph (a), are designed to monitor student growth 
  5.21  toward and achievement of those standards, consistent with 
  5.22  section 120B.35, and satisfy applicable federal law.  At a 
  5.23  minimum, the commissioner must require annual reading and 
  5.24  mathematics assessments in grades 3 through 8 and in one high 
  5.25  school grade for the 2005-2006 school year and later and annual 
  5.26  science assessments in one grade in the grades 3 through 5 span, 
  5.27  the grades 6 through 9 span, and the grades 10 through 12 span 
  5.28  for the 2006-2007 school year and later. 
  5.29     (b) The assessments must: 
  5.30     (1) provide timely, useful, and understandable information 
  5.31  for and about the performance of individual students, schools, 
  5.32  school districts, and the state, consistent with sections 
  5.33  120B.36 and 120B.364, and expect that educators use the 
  5.34  information, and other information, to plan instruction for the 
  5.35  next school year and to develop school improvement plans, 
  5.36  including plans required under applicable federal law; 
  6.1      (2) include a growth scale useful under sections 120B.30, 
  6.2   120B.31, 120B.35, and 120B.36, for analyzing value-added and 
  6.3   student-level growth over time; 
  6.4      (3) include state and national percentile ranks in 
  6.5   information reported to students and parents under section 
  6.6   120B.364; and 
  6.7      (4) determine whether students have met the state's basic 
  6.8   skills requirements in reading and mathematics. 
  6.9      (c) Consistent with applicable federal law and sections 
  6.10  120B.30, subdivision 1, paragraph (d), clause (1), and 120B.36, 
  6.11  subdivision 6, clauses (2) and (3), the commissioner must 
  6.12  include alternative assessments for the very few students with 
  6.13  disabilities for whom statewide assessments are inappropriate 
  6.14  and for students with limited English proficiency. 
  6.15     (d) Schools, school districts, and charter schools must 
  6.16  administer statewide assessments under this section that use 
  6.17  student performance to evaluate student progress in achieving 
  6.18  high standards in reading, mathematics, and science.  Schools, 
  6.19  school districts, and charter schools may base grade promotions 
  6.20  and the awarding of high school course credits on students' 
  6.21  success in achieving high standards. 
  6.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  6.23  following final enactment. 
  6.24     Sec. 6.  Minnesota Statutes 2002, section 120B.30, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [STATEWIDE TESTING.] (a) The 
  6.27  commissioner, with advice from experts with appropriate 
  6.28  technical qualifications and experience and 
  6.29  stakeholders consistent with sections 120B.0014 and 120B.36, 
  6.30  shall include in the comprehensive assessment system, for each 
  6.31  grade level to be tested, a test, which shall be state 
  6.32  constructed tests developed from and aligned with the state's 
  6.33  graduation standards under section 120B.0012 and administered 
  6.34  annually to all students in the third, fifth, seventh, and 
  6.35  eighth grades 3 through 8 and at the high school level.  The 
  6.36  commissioner shall establish one or more months during which 
  7.1   schools shall administer the tests to students each school 
  7.2   year.  Only Minnesota basic skills tests in reading, 
  7.3   mathematics, and writing shall fulfill students' basic skills 
  7.4   testing requirements for a passing state notation.  The passing 
  7.5   scores of the state tests in reading and mathematics are the 
  7.6   equivalent of:  
  7.7      (1) 70 percent correct for students entering grade 9 in 
  7.8   1996; and 
  7.9      (2) 75 percent correct for students entering grade 9 in 
  7.10  1997 and thereafter, as based on the first uniform test 
  7.11  administration of February 1998.  
  7.12     (b) The third, fifth, and seventh through eighth grade and 
  7.13  high school level test results shall be available to districts 
  7.14  for diagnostic purposes affecting student learning and district 
  7.15  instruction and curriculum, and for establishing educational 
  7.16  accountability.  The commissioner must disseminate to the public 
  7.17  the third, fifth, and seventh grade test results upon receiving 
  7.18  those results. 
  7.19     (c) In addition, At the high school level all grade levels, 
  7.20  districts shall assess student performance in all required 
  7.21  learning areas and selected required standards within each area 
  7.22  of the profile of learning.  The testing instruments, using 
  7.23  local assessments to inform instruction, improve curriculum, 
  7.24  determine student progress, and assign grades and high school 
  7.25  credit.  State tests must be constructed and aligned with the 
  7.26  state reading, mathematics, and science standards.  The testing 
  7.27  process, and the order of administration shall be determined by 
  7.28  the commissioner.  The statewide results shall be aggregated at 
  7.29  the site and district level, consistent with section 120B.0014.  
  7.30     (d) The commissioner shall report school site and school 
  7.31  district student academic achievement levels of the current and 
  7.32  two immediately preceding school years.  The report shall 
  7.33  include students' unweighted mean test scores in each tested 
  7.34  subject, the unweighted mean test scores of only those students 
  7.35  enrolled in the school by October 1 of the current school year, 
  7.36  and the unweighted test scores of all students except those 
  8.1   students receiving limited English proficiency instruction.  The 
  8.2   report also shall record separately, in proximity to the 
  8.3   reported performance levels, the percentage of students of each 
  8.4   gender and the percentages of students who are eligible to 
  8.5   receive a free or reduced price school meal, demonstrate limited 
  8.6   English proficiency, are identified as migrant students, are a 
  8.7   member of a major ethnic or racial population, or are eligible 
  8.8   to receive special education services. 
  8.9      (e) In addition to the testing and reporting requirements 
  8.10  under paragraphs (a), (b), (c), and (d) sections 120B.36 and 
  8.11  120B.364, the commissioner shall include the following 
  8.12  components in the statewide public reporting system: 
  8.13     (1) uniform statewide testing of all third, fifth, seventh, 
  8.14  eighth, and post-eighth grade students in grades 3 through 8 and 
  8.15  at the high school level that provides exemptions, only with 
  8.16  parent or guardian approval, for those very few students for 
  8.17  whom the student's individual education plan team under sections 
  8.18  125A.05 and 125A.06, determines that the student is incapable of 
  8.19  taking a statewide test, or for a limited English proficiency 
  8.20  student under section 124D.59, subdivision 2, if the student has 
  8.21  been in the United States for fewer than 12 months and for whom 
  8.22  special language barriers exist, such as the student's native 
  8.23  language does not have a written form or the district does not 
  8.24  have access to appropriate interpreter services for the 
  8.25  student's native language three years; 
  8.26     (2) educational indicators that can be aggregated and 
  8.27  compared across school districts and across time on a statewide 
  8.28  basis, including average daily attendance, high school 
  8.29  graduation rates, and high school drop-out rates by age and 
  8.30  grade level; 
  8.31     (3) students' scores on the American College Test; and 
  8.32     (4) state results from participation in the National 
  8.33  Assessment of Educational Progress so that the state can 
  8.34  benchmark its performance against the nation and other states, 
  8.35  and, where possible, against other countries, and contribute to 
  8.36  the national effort to monitor achievement. 
  9.1      (f) (e) Districts must report exemptions under paragraph 
  9.2   (e) (d), clause (1), to the commissioner consistent with a 
  9.3   format provided by the commissioner. 
  9.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  9.5   following final enactment and applies to the 2005-2006 school 
  9.6   year and later.  
  9.7      Sec. 7.  [120B.36] [SCHOOL ACCOUNTABILITY.] 
  9.8      Subdivision 1.  [SCHOOL PERFORMANCE MEASURES.] (a) The 
  9.9   commissioner, consistent with the requirements under this 
  9.10  section and sections 120B.361, 120B.362, 120B.363, and 120B.364, 
  9.11  must adopt statewide rules under chapter 14 that establish 
  9.12  school and district accountability measures.  The commissioner 
  9.13  must make available for public review a statement of the need 
  9.14  for and reasonableness of each rule consistent with section 
  9.15  14.131.  After the rules authorized under this paragraph are 
  9.16  initially adopted, the commissioner may not amend or repeal 
  9.17  these rules nor adopt new rules on the same topic without 
  9.18  specific legislative authorization. 
  9.19     (b) The commissioner must use at least the following seven 
  9.20  indicators to measure schools' performance: 
  9.21     (1) statewide achievement test scores; 
  9.22     (2) student attendance rates; 
  9.23     (3) high school student graduation rates; 
  9.24     (4) the English proficiency of limited English proficiency 
  9.25  students; 
  9.26     (5) an index of attainment for special education students 
  9.27  taking an alternative assessment; 
  9.28     (6) teacher quality indicators; and 
  9.29     (7) school safety measures. 
  9.30     (c) The commissioner must use the indicators under 
  9.31  paragraph (b), and the definition of adequate yearly progress 
  9.32  under section 120B.35, and this section to designate public 
  9.33  schools as "superior," "excellent," "meets expectations," "under 
  9.34  review," or "low-performing" under section 120B.361.  Only those 
  9.35  schools that satisfy the definition of adequate yearly progress 
  9.36  can be designated as "superior," "excellent," or "meets 
 10.1   expectations." 
 10.2      Subd. 2.  [LOW-PERFORMING SCHOOLS AND DISTRICTS.] (a) 
 10.3   Schools and districts that fail to demonstrate adequate yearly 
 10.4   progress for two consecutive school years are designated as 
 10.5   "low-performing" schools or districts.  Schools and districts 
 10.6   fail to make adequate yearly progress for two consecutive school 
 10.7   years if: 
 10.8      (1) the school or district as a whole fails to make 
 10.9   adequate yearly progress for two consecutive school years; or 
 10.10     (2) an identified student subgroup within the school or 
 10.11  district fails to make adequate yearly progress for two 
 10.12  consecutive school years, where subgroups are defined by limited 
 10.13  English proficiency status, special education status, ethnicity, 
 10.14  and eligibility for free or reduced price lunch. 
 10.15     (b) A school or district designated as low-performing must 
 10.16  meet its adequate yearly progress target for two consecutive 
 10.17  school years before the designation is removed.  A school or 
 10.18  district that meets its adequate yearly progress target one year 
 10.19  after its designation as low-performing remains subject to the 
 10.20  sanctions then in effect but receives no added sanctions. 
 10.21     Subd. 3.  [STUDENT PARTICIPATION REQUIREMENTS.] Schools 
 10.22  with 40 or more students must satisfy the participation 
 10.23  requirement under this subdivision to demonstrate adequate 
 10.24  yearly progress.  A school must administer statewide assessments 
 10.25  to at least 95 percent of its students enrolled on the day of 
 10.26  testing.  Schools must count as absent from testing those 
 10.27  students who: 
 10.28     (1) are absent and do not make up the test; or 
 10.29     (2) withdraw from testing at the request of the student's 
 10.30  parent or guardian. 
 10.31     A student who is absent from the testing and the test 
 10.32  makeup and has a verifiable medical excuse for the testing and 
 10.33  test makeup is not counted as an absent student. 
 10.34     Subd. 4.  [ADEQUATE YEARLY PROGRESS COMPONENTS FOR 
 10.35  ELEMENTARY AND INTERMEDIATE SCHOOLS.] (a) Elementary and 
 10.36  intermediate schools with 20 or more students enrolled for at 
 11.1   least one month during the school year must use attendance rates 
 11.2   to demonstrate adequate yearly progress.  Elementary and 
 11.3   intermediate schools with 20 or more students tested must use 
 11.4   statewide achievement test scores to demonstrate adequate yearly 
 11.5   progress. 
 11.6      (b) To demonstrate adequate yearly progress using 
 11.7   attendance rates, an elementary and intermediate school must: 
 11.8      (1) have a 95 percent average daily attendance rate for the 
 11.9   previous school year; or 
 11.10     (2) using the 2002-2003 school year as its base year, 
 11.11  demonstrate an annual increase in the average daily attendance 
 11.12  rate so that, if the improvement continues at the same rate, the 
 11.13  school has a 95 percent average daily attendance rate by the 
 11.14  2013-2014 school year. 
 11.15     (c) To demonstrate adequate yearly progress using students' 
 11.16  statewide achievement test scores, an elementary and 
 11.17  intermediate school must meet the annual measurable objective 
 11.18  for the school and for every identified student subgroup of 20 
 11.19  or more students within the school, based upon the school's 
 11.20  proficiency index calculated under subdivision 7. 
 11.21     (d) The commissioner must: 
 11.22     (1) set schools' measurable objective consistent with 
 11.23  applicable federal law; 
 11.24     (2) incorporate federal "safe harbor" provisions in all 
 11.25  adequate yearly progress determinations that are based upon 
 11.26  students' statewide achievement test scores; and 
 11.27     (3) apply confidence intervals to prevent erroneous 
 11.28  "low-performing" designations that are due to a small student 
 11.29  population within a school or within an identified student 
 11.30  subgroup. 
 11.31     Subd. 5.  [ADEQUATE YEARLY PROGRESS COMPONENTS FOR HIGH 
 11.32  SCHOOLS.] (a) High schools with 20 or more students terminating 
 11.33  their education by graduating during the current school year or 
 11.34  dropping out during the previous four school years under 
 11.35  paragraph (b) must use graduation rates to demonstrate adequate 
 11.36  yearly progress.  High schools with 20 or more students tested 
 12.1   must use statewide achievement test scores to demonstrate 
 12.2   adequate yearly progress. 
 12.3      (b) To demonstrate adequate yearly progress using 
 12.4   graduation rates, a high school must: 
 12.5      (1) have an 80 percent graduation rate for the previous 
 12.6   school year; or 
 12.7      (2) using the 2002-2003 school year as its base year, 
 12.8   demonstrate an annual increase in the graduation rate so that, 
 12.9   if improvement continues at the same rate, the school has an 80 
 12.10  percent graduation rate by the 2013-2014 school year. 
 12.11  Schools' graduation rate is based on the number of students 
 12.12  terminating their education by graduating or dropping out during 
 12.13  the four-year period over which the graduation rate is computed 
 12.14  using the quasi-cohort method of the National Center on 
 12.15  Education Statistics. 
 12.16     (c) To demonstrate adequate yearly progress using students' 
 12.17  statewide reading and math achievement test scores, a high 
 12.18  school must meet the annual measurable objective for the school 
 12.19  and for every identified student subgroup of 20 or more students 
 12.20  within the school based upon the school's proficiency index 
 12.21  calculated under subdivision 7. 
 12.22     (d) The commissioner must: 
 12.23     (1) set schools' measurable objective consistent with 
 12.24  applicable federal law; 
 12.25     (2) incorporate federal "safe harbor" provisions in all 
 12.26  adequate yearly progress determinations that are based upon 
 12.27  students' statewide achievement test scores; and 
 12.28     (3) apply confidence intervals to prevent erroneous 
 12.29  "low-performing" designations that are due to a small student 
 12.30  population within a school or within an identified student 
 12.31  subgroup. 
 12.32     Subd. 6.  [PERFORMANCES THAT DETERMINE ADEQUATE YEARLY 
 12.33  PROGRESS.] For purposes of the proficiency index of a school or 
 12.34  district, adequate yearly progress is determined based on the 
 12.35  performances of: 
 12.36     (1) those students enrolled in the school or district for 
 13.1   at least one school year, including those students with 
 13.2   disabilities taking a standard or accommodated form of the 
 13.3   statewide test, and limited English proficiency students taking 
 13.4   a standard or accommodated form of the statewide test; 
 13.5      (2) the very few students under sections 120B.0012, 
 13.6   paragraph (c), and 120B.30, subdivision 1, paragraph (e), clause 
 13.7   (1), who take an alternative assessment are included in the 
 13.8   accountability system using a separate special education 
 13.9   attainment index; and 
 13.10     (3) those students under section 120B.30, subdivision 1, 
 13.11  paragraph (d), clause (1), who take the Minnesota test of 
 13.12  emerging academic English are included in the accountability 
 13.13  system using a separate limited English proficiency attainment 
 13.14  index. 
 13.15     Subd. 7.  [PROFICIENCY INDEX CALCULATION.] The proficiency 
 13.16  index of a school or district equals: 
 13.17     (1) 100 times the number of students scoring at or above 
 13.18  level IIb; plus 
 13.19     (2) 50 times the number of students scoring in level IIa; 
 13.20  divided by 
 13.21     (3) the total number of students tested. 
 13.22     Consistent with applicable federal law, the proficiency 
 13.23  index reaches 100 only if all students in the school or district 
 13.24  score at or above level IIb by the 2013-2014 school year. 
 13.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 13.26  following final enactment and applies to the 2005-2006 school 
 13.27  year and later. 
 13.28     Sec. 8.  [120B.361] [SCHOOL AND DISTRICT DESIGNATIONS.] 
 13.29     Subdivision 1.  [UNDER REVIEW; LOW-PERFORMING.] A school or 
 13.30  district that fails to meet its adequate yearly progress target 
 13.31  for one school year is designated "under review."  A school or 
 13.32  district that fails to meet its adequate yearly progress target 
 13.33  for two consecutive school years is designated "low-performing." 
 13.34     Subd. 2.  [MEETS EXPECTATIONS.] A school or district is 
 13.35  designated as "meets expectations" if it: 
 13.36     (1) does not qualify for a "superior" or "excellent" 
 14.1   designation; 
 14.2      (2) met its adequate yearly progress target for each of the 
 14.3   last two school years; or 
 14.4      (3) met its adequate yearly progress target one school year 
 14.5   after being designated "under review." 
 14.6      Subd. 3.  [EXCELLENT DESIGNATION.] (a) A school or district 
 14.7   is designated "excellent" if it meets its adequate yearly 
 14.8   progress target for two consecutive school years and satisfies 
 14.9   the criteria described in paragraphs (b) to (f). 
 14.10     (b) All students enrolled at least one school year taking 
 14.11  the regular or an accommodated form of statewide tests: 
 14.12     (1) received average reading and math scores above 1500; 
 14.13     (2) showed a mean score improvement rate in reading and 
 14.14  math that brings students' scores to 1500 within five school 
 14.15  years; or 
 14.16     (3) showed average reading and math scores exceeding the 
 14.17  estimated state average for schools with similar student 
 14.18  populations based on the combined percent of tested students who 
 14.19  are either eligible for a free or reduced price lunch, have an 
 14.20  individualized education plan, or have limited English 
 14.21  proficiency. 
 14.22     After two years of statewide annual testing in grades 3 
 14.23  through 8, elementary schools must be designated "excellent" 
 14.24  based on value-added, grade-to-grade gains in student 
 14.25  achievement, consistent with section 120B.35, and not based on 
 14.26  comparisons of schools with similar student populations under 
 14.27  clause (3). 
 14.28     (c) The school has at least a 95 percent average daily 
 14.29  attendance rate or improved its average daily attendance rate in 
 14.30  each of the last two consecutive school years so that, if 
 14.31  improvement continues at the same rate, it has a 95 percent 
 14.32  average daily attendance rate within five school years. 
 14.33     (d) A high school has at least a 90 percent graduation rate 
 14.34  or improved its graduation rate in each of the last two 
 14.35  consecutive school years so that it has a 90 percent graduation 
 14.36  rate within five school years. 
 15.1      (e) All teachers teaching English, mathematics, science, 
 15.2   social studies, arts and literature, and foreign languages, 
 15.3   consistent with section 120B.0013, must satisfy the definition 
 15.4   of qualified teacher under section 122A.16. 
 15.5      (f) The school is a safe and drug-free school and not 
 15.6   designated a persistently dangerous school under section 
 15.7   120B.362. 
 15.8      (g) An excellent school or district deserves public 
 15.9   recognition and onetime financial awards that allow the school 
 15.10  or district to improve facilities and increase capacity to serve 
 15.11  students through intradistrict transfers or open enrollment 
 15.12  under section 124D.03. 
 15.13     Subd. 4.  [SUPERIOR DESIGNATION.] (a) A school or district 
 15.14  is designated "superior" if it meets all the qualifications for 
 15.15  an "excellent" designation under subdivision 3 and evidences 
 15.16  best practices in curriculum, instruction, assessment, 
 15.17  professional development, parent and community involvement, 
 15.18  leadership, governance, and use of resources that are useful to 
 15.19  other schools or districts seeking to improve performance.  
 15.20  Evidence of a superior school or district may include the number 
 15.21  of students residing either outside the school attendance area 
 15.22  or the school district who seek to enroll in the school or 
 15.23  district. 
 15.24     (b) A superior school or district deserves public 
 15.25  recognition and onetime financial awards that allow the school 
 15.26  or district to improve facilities and increase capacity to serve 
 15.27  students through intradistrict transfers or open enrollment 
 15.28  under section 124D.03. 
 15.29     Subd. 5.  [APPEALS.] A school or district may appeal in 
 15.30  writing a designation under this section to the accountability 
 15.31  advisory council under section 120B.365 within 30 days of 
 15.32  receiving the designation.  The accountability advisory council 
 15.33  must advise the commissioner regarding the appeal.  The 
 15.34  commissioner's decision to uphold or deny an appeal is final.  
 15.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.36  following final enactment and applies to the 2005-2006 school 
 16.1   year and later.  
 16.2      Sec. 9.  [120B.362] [PERSISTENTLY DANGEROUS SCHOOLS.] 
 16.3      Subdivision 1.  [DEFINITION.] A public school is a 
 16.4   persistently dangerous school if, during two of the three 
 16.5   previous school years: 
 16.6      (1) a student attending the school was disciplined under 
 16.7   section 121A.44 for bringing to school a firearm as defined in 
 16.8   United States Code, title 18, section 921; and 
 16.9      (2) the number of students disciplined under the Pupil Fair 
 16.10  Dismissal Act, sections 121A.40 to 121A.56, for offenses 
 16.11  committed on school grounds under subdivision 2 exceeds the 
 16.12  number of total annual incidents under subdivision 3. 
 16.13     Subd. 2.  [DANGEROUS OFFENSES.] Offenses that must be 
 16.14  counted for purposes of defining a persistently dangerous school 
 16.15  include: 
 16.16     (1) possessing a dangerous weapon as defined in United 
 16.17  States Code, title 18, section 930, paragraph (g)(2); 
 16.18     (2) possessing or using a controlled substance under 
 16.19  section 152.01, subdivisions 4 and 9, and consistent with 
 16.20  applicable federal law; 
 16.21     (3) selling or soliciting the sale of a controlled 
 16.22  substance under section 152.01, subdivisions 4 and 9, and 
 16.23  consistent with applicable federal law; and 
 16.24     (4) committing third degree assault under section 609.223, 
 16.25  subdivision 1, or criminal sexual conduct under sections 609.342 
 16.26  to 609.346. 
 16.27     Subd. 3.  [TOTAL ANNUAL INCIDENTS.] A designation as a 
 16.28  persistently dangerous school requires that the total annual 
 16.29  number of offenses listed under subdivision 2 exceeds three 
 16.30  incidents in a school with fewer than 300 enrolled students or 
 16.31  one incident for every 100 students or fraction of 100 students 
 16.32  in a school with 300 or more enrolled students. 
 16.33     Subd. 4.  [DANGEROUS INCIDENT.] (a) The commissioner must 
 16.34  review by January of each year the data from the three previous 
 16.35  school years that are included in the dangerous weapons reports 
 16.36  under section 121A.06.  The commissioner must: 
 17.1      (1) base the initial "persistently dangerous school" 
 17.2   designations on these data; 
 17.3      (2) use the October 1 child count under section 120A.24 to 
 17.4   establish student enrollment levels; and 
 17.5      (3) provide preliminary notice of a "persistently dangerous 
 17.6   school" designation to schools and districts in February of each 
 17.7   year. 
 17.8      (b) A district may appeal a "persistently dangerous school" 
 17.9   designation under subdivision 5.  If the commissioner upholds 
 17.10  the appeal, the commissioner must notify the affected school and 
 17.11  district by June 1 that the "persistently dangerous school" 
 17.12  designation does not apply.  If the commissioner denies the 
 17.13  appeal, the commissioner must notify the affected school and 
 17.14  district by June that the "persistently dangerous school" 
 17.15  designation applies. 
 17.16     Subd. 5.  [APPEAL OF DESIGNATION.] A school district may 
 17.17  submit to the accountability advisory council under section 
 17.18  120B.365 a written appeal of a persistently dangerous school 
 17.19  designation within 30 days of receiving the designation.  The 
 17.20  appeal must show that the conditions under subdivisions 1 and 2 
 17.21  did not exist in two of the three previous school years.  The 
 17.22  accountability advisory council must advise the commissioner 
 17.23  regarding the appeal.  The commissioner's decision to uphold or 
 17.24  deny an appeal is final. 
 17.25     <b>[EFFECTIVE DATE.]</b> Subdivisions 1 to 4 are effective 
 17.26  immediately and apply to the 2005-2006 school year and later.  
 17.27  Subdivision 5 is effective immediately and applies to the 
 17.28  2005-2006 school year through the 2013-2014 school year. 
 17.29     Sec. 10.  [120B.363] [TEACHER QUALITY.] 
 17.30     Subdivision 1.  [CLASSROOM TEACHERS.] All teachers teaching 
 17.31  English, mathematics, science, social studies, and arts and 
 17.32  literature, consistent with section 120B.0013, must satisfy the 
 17.33  definition of qualified teacher under section 122A.16. 
 17.34     Subd. 2.  [PARAPROFESSIONALS.] (a) All paraprofessionals 
 17.35  working in public schools, except those who provide only 
 17.36  parental involvement or translation services, must have at least 
 18.1   a high school diploma or a GED. 
 18.2      (b) Paraprofessionals who provide instructional services 
 18.3   must demonstrate their teaching qualifications to meet rigorous 
 18.4   standards by: 
 18.5      (1) passing a formal state assessment; 
 18.6      (2) completing at least two years of postsecondary study 
 18.7   related to their area of instruction; or 
 18.8      (3) obtaining at least an associate's degree related to 
 18.9   their area of instruction. 
 18.10     (c) Paraprofessionals hired by a school district after 
 18.11  January 30, 2002, must satisfy the requirements of paragraphs 
 18.12  (a) and (b) immediately upon employment.  Paraprofessionals 
 18.13  hired by a school district before January 30, 2002, must satisfy 
 18.14  the requirements of paragraphs (a) and (b) by January 8, 2006. 
 18.15     Subd. 3.  [BOARD OF TEACHING REVIEW OF PRAXIS.] The board 
 18.16  of teaching must compare Minnesota's current passing criteria 
 18.17  and scores for the Praxis test against those of other states.  
 18.18  If the board finds that one or more of Minnesota's passing 
 18.19  scores is below the scores of at least 25 other states, the 
 18.20  board must submit a written report by January 3, 2004, to the 
 18.21  commissioner and the legislature explaining Minnesota's low 
 18.22  passing scores.  
 18.23     <b>[EFFECTIVE DATE.]</b> This section is effective immediately.  
 18.24  To the extent the federal government allows, the commissioner 
 18.25  may waive for up to six months the teaching qualifications under 
 18.26  subdivision 2, paragraph (b), applicable to a paraprofessional 
 18.27  hired after January 30, 2002. 
 18.28     Sec. 11.  [120B.364] [REPORT CARDS.] 
 18.29     Subdivision 1.  [SCHOOL REPORTS.] (a) All public schools 
 18.30  annually must have an electronic or printed report available 
 18.31  upon request to parents and the public.  The report must include 
 18.32  at least the following schoolwide information: 
 18.33     (1) a mean score and the percent of students by grade and 
 18.34  subject scoring at or above the state's expected level of 
 18.35  performance on statewide tests, and disaggregated by subgroups 
 18.36  with ten or more students where subgroups are defined by gender, 
 19.1   migrant status, limited English proficiency status, special 
 19.2   education status, ethnicity, and eligibility for free or reduced 
 19.3   price lunch; 
 19.4      (2) the number and percent of students tested who scored 
 19.5   within each of the state's proficiency levels in the school as a 
 19.6   whole and in each subgroup with ten or more students; 
 19.7      (3) the percent of students tested in the school as a whole 
 19.8   and in each subgroup with ten or more students; 
 19.9      (4) two-year trend data in the mean and percent of students 
 19.10  tested by grade and subject who meet or exceed the state's 
 19.11  expectation for achievement; 
 19.12     (5) after two years of statewide annual testing in grades 3 
 19.13  through 8 and one grade in high school, the school average 
 19.14  value-added, grade-to-grade gains in student achievement, 
 19.15  consistent with section 120B.35 and this section, and the 
 19.16  percent of students predicted to meet proficiency levels under 
 19.17  high school graduation or higher education readiness standards, 
 19.18  or other standards the commissioner designates for reporting 
 19.19  gain scores; 
 19.20     (6) the number and percent of teachers teaching in core 
 19.21  academic areas who are certified in that particular core 
 19.22  academic area of instruction and the number and percent of 
 19.23  teachers holding emergency credentials who are teaching in core 
 19.24  academic areas; 
 19.25     (7) the average attendance rate by grade; and 
 19.26     (8) for high schools with ten or more students terminating 
 19.27  by graduating or dropping out of school under the quasi-cohort 
 19.28  formula under section 120B.36, subdivision 5, paragraph (b), the 
 19.29  average graduation rate. 
 19.30     (b) To permit comparisons, the report also must show, 
 19.31  alongside the schoolwide means and percents, the same categories 
 19.32  showing statewide and districtwide means and percents.  If the 
 19.33  school is designated low-performing or unsafe, the report must 
 19.34  name the school and show the designation, the sanctions imposed 
 19.35  on the school as a result of the designation, and the actions 
 19.36  taken to improve the school's performance.  If the school is 
 20.1   designated excellent or superior, the report must name the 
 20.2   school, show the designation, and describe the achievements and 
 20.3   exemplary practices on which the designation is based. 
 20.4      (c) The commissioner must post on the department Web site 
 20.5   the school information reported under this subdivision.  A 
 20.6   school with a printed report must make copies of the report 
 20.7   available to public libraries under chapter 134 that are located 
 20.8   within the district in which the school is located.  A school 
 20.9   must consider the extent of parent and public access to 
 20.10  electronic media when deciding the form in which to publish the 
 20.11  report. 
 20.12     Subd. 2.  [DISTRICT REPORTS.] (a) All school districts 
 20.13  annually must have an electronic or printed report available 
 20.14  upon request to parents and the public.  The report must include 
 20.15  at least the following districtwide information: 
 20.16     (1) a mean score and the percent of students by grade and 
 20.17  subject scoring at or above the state's expected level of 
 20.18  performance on statewide tests, and disaggregated by subgroups 
 20.19  with ten or more students where subgroups are defined by gender, 
 20.20  migrant status, limited English proficiency status, special 
 20.21  education status, ethnicity, and eligibility for free or reduced 
 20.22  price lunch; 
 20.23     (2) the number and percent of students tested who scored 
 20.24  within each of the state's proficiency levels; 
 20.25     (3) the percent of students tested in the district as a 
 20.26  whole and in each subgroup with ten or more students; 
 20.27     (4) two-year trend data in the mean and percent of students 
 20.28  tested by grade and subject who meet or exceed the state's 
 20.29  expectation for achievement; 
 20.30     (5) after two years of statewide annual testing in grades 3 
 20.31  through 8 and one grade in high school, the district average 
 20.32  value-added, grade-to-grade gains in student achievement, 
 20.33  consistent with section 120B.35 and this section, and the 
 20.34  percent of students predicted to meet proficiency levels under 
 20.35  high school graduation or higher education readiness standards, 
 20.36  or other standards the commissioner designates for reporting 
 21.1   gain scores; 
 21.2      (6) the number and percent of teachers teaching in core 
 21.3   academic areas who are certified in that particular core 
 21.4   academic area of instruction and the number and percent of 
 21.5   teachers holding emergency credentials who are teaching in core 
 21.6   academic areas of English, mathematics, science, social studies, 
 21.7   arts and literature, and foreign languages; 
 21.8      (7) the average attendance rate by grade; and 
 21.9      (8) for high schools with ten or more students terminating 
 21.10  by graduating or dropping out of school under the quasi-cohort 
 21.11  formula under section 120B.36, subdivision 5, paragraph (b), the 
 21.12  average graduation rate by grade. 
 21.13     (b) To permit comparisons, the report also must show, 
 21.14  alongside the districtwide means and percents, the same 
 21.15  categories showing statewide means and percents.  If a school 
 21.16  within the district is designated low-performing or unsafe, the 
 21.17  report must name the school and show the designation by school, 
 21.18  the sanctions imposed on the school as a result of the 
 21.19  designation, and the actions taken to improve the school's 
 21.20  performance.  If a school within the district is designated 
 21.21  excellent or superior, the report must name the school, show the 
 21.22  designation by school, and describe the achievements and 
 21.23  exemplary practices on which the designation is based. 
 21.24     (c) The commissioner must post on the department Web site 
 21.25  the district information reported under this subdivision.  A 
 21.26  district with a printed report must make copies of the report 
 21.27  available to public libraries under chapter 134 that are located 
 21.28  within the district.  A district must consider the extent of 
 21.29  parent and public access to electronic media when deciding the 
 21.30  form in which to publish the report. 
 21.31     Subd. 3.  [DETERMINING WHERE A STUDENT IS ENROLLED FOR 
 21.32  ACCOUNTABILITY PURPOSES.] (a) For purposes of establishing 
 21.33  accountability, a student is enrolled in the district or charter 
 21.34  school that, under the UFARS system, receives payments directly 
 21.35  from the state for costs related to educating that student, 
 21.36  except under paragraph (e).  A school or district that contracts 
 22.1   with another school, district, area learning center, or 
 22.2   alternative learning program to provide education services to a 
 22.3   student who initially enrolls in the contracting school or 
 22.4   district, remains accountable for that student. 
 22.5      (b) A school under this section is any public school 
 22.6   assigned a unique identification number under the UFARS system. 
 22.7      (c) An area learning center under this section is any 
 22.8   public school type 41 to 49 under the UFARS system. 
 22.9      (d) A student participating in an alternative learning 
 22.10  program that is located within a larger school is enrolled in 
 22.11  the larger school, except if the student is participating in an 
 22.12  alternative learning program located in an area learning center 
 22.13  under paragraph (c). 
 22.14     (e) A student is enrolled in the district or charter school 
 22.15  that provides educational services to the student if a court 
 22.16  orders a student transfer under chapter 260B.  
 22.17     <b>[EFFECTIVE DATE.]</b> This section is effective immediately. 
 22.18     Sec. 12.  [120B.365] [ACCOUNTABILITY ADVISORY COUNCIL.] 
 22.19     Subdivision 1.  [ESTABLISHMENT.] An accountability advisory 
 22.20  council is established under section 15.059.  The advisory 
 22.21  council is composed of nine members appointed by the 
 22.22  commissioner from throughout the state with interest and 
 22.23  experience in education, and must include educators, parents and 
 22.24  members of the public, and the business community.  No council 
 22.25  member shall be engaged in any activity where a conflict of 
 22.26  interest may arise.  Council members annually must elect a 
 22.27  council chair from among the council members and no council 
 22.28  member may serve more than two consecutive terms as council 
 22.29  chair. 
 22.30     Subd. 2.  [DUTIES.] The council shall: 
 22.31     (1) hear appeals of school and district designations under 
 22.32  sections 120B.361 and 120B.362; 
 22.33     (2) identify schools and districts eligible for an 
 22.34  "excellent" or "superior" designation, consistent with the 
 22.35  requirements under section 123B.61, subdivisions 3 and 4; and 
 22.36     (3) make recommendations to the commissioner regarding 
 23.1   those designations.  The commissioner's decision regarding a 
 23.2   designation is final. 
 23.3      Subd. 3.  [ANNUAL REPORT; RECOMMENDATIONS.] The council 
 23.4   annually by March 1 must submit to the legislature a report that 
 23.5   summarizes the grounds on which schools and school districts 
 23.6   submitted appeals to the council, the council's recommendations 
 23.7   to the commissioner regarding the appeals, and the 
 23.8   commissioner's decision.  The report also must list the schools 
 23.9   and school districts eligible for an "excellent" or "superior" 
 23.10  designation, the council's recommendations regarding the 
 23.11  designations and the commissioner's decision.  The report must 
 23.12  state the basis for designating a particular school or district 
 23.13  as "excellent" or "superior."  The council may use the content 
 23.14  of the reports to recommend to the commissioner changes in the 
 23.15  state's educational accountability system.  The commissioner, in 
 23.16  consultation with the council, must compile and make available 
 23.17  in print or electronic media on a biannual basis a list of best 
 23.18  practices culled from schools and districts designated as 
 23.19  "excellent" or "superior."  The commissioner must assist the 
 23.20  council upon request. 
 23.21     Subd. 4.  [EXPIRATION.] Notwithstanding section 15.059, 
 23.22  subdivision 5, the council expires on June 30, 2014. 
 23.23     <b>[EFFECTIVE DATE.]</b> This section is effective immediately and 
 23.24  applies to the 2005-2006 school year and later. 
 23.25     Sec. 13.  [RECOMMENDATIONS ON HIGH EDUCATIONAL STANDARDS.] 
 23.26     (a) The commissioner of children, families, and learning, 
 23.27  after consulting with stakeholders under paragraph (b), must 
 23.28  provide written recommendations to the legislature by February 
 23.29  1, 2004, that indicate: 
 23.30     (1) whether to include high school assessment results on 
 23.31  student transcripts; 
 23.32     (2) what cut-scores on high school reading and mathematics 
 23.33  assessments indicate that remedial instruction in the state's 
 23.34  two-year higher education institutions is unneeded; 
 23.35     (3) the extent to which successful district programs 
 23.36  developed under the profile of learning may be incorporated into 
 24.1   state standards developed under this act; 
 24.2      (4) how best to integrate content with application, 
 24.3   critical reasoning, and higher-order thinking into state 
 24.4   standards developed under this act; 
 24.5      (5) how to effectively assist teachers in formulating 
 24.6   curriculum for classroom instruction consistent with state 
 24.7   standards developed under this act; and 
 24.8      (6) what local assessments might best measure student 
 24.9   learning consistent with teachers' classroom instruction and 
 24.10  state standards developed under this act. 
 24.11     (b) The commissioner must consult with at least the 
 24.12  following stakeholders when developing recommendations under 
 24.13  paragraph (a): 
 24.14     (1) parents of school-age children and members of the 
 24.15  public throughout the state; 
 24.16     (2) teachers throughout the state currently licensed and 
 24.17  providing instruction in one of the five learning areas under 
 24.18  Minnesota Statutes, section 120B.0013, and secondary school 
 24.19  administrators throughout the state currently administrating a 
 24.20  school site; 
 24.21     (3) currently serving members of local school boards and 
 24.22  charter school boards throughout the state; 
 24.23     (4) faculty at Minnesota's postsecondary institutions 
 24.24  providing instruction related to one of the five learning areas 
 24.25  under Minnesota Statutes, section 120B.0013; 
 24.26     (5) representatives of Minnesota's business community; and 
 24.27     (6) nationally recognized experts on state development of 
 24.28  high educational standards. 
 24.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 24.30  following final enactment. 
 24.31     Sec. 14.  [LEGISLATIVE APPROVAL OF PROPOSED RULES 
 24.32  ESTABLISHING REQUIRED AND OPTIONAL STATE STANDARDS AND 
 24.33  EDUCATIONAL ACCOUNTABILITY; INTERIM STANDARDS.] 
 24.34     (a) To fulfill the obligation of the legislature to pursue 
 24.35  educational excellence for all Minnesota citizens and provide 
 24.36  educational accountability, the commissioner of children, 
 25.1   families, and learning must present to the committees of the 
 25.2   legislature charged with oversight of kindergarten through grade 
 25.3   12 education policy and kindergarten through grade 12 education 
 25.4   funding all proposed rules and all proposed amendments to or 
 25.5   repeals of existing rules under Minnesota Statutes, sections 
 25.6   120B.0012 and 120B.36.  The commissioner may not adopt new rules 
 25.7   or amend or repeal existing rules under Minnesota Statutes, 
 25.8   sections 120B.0012 and 120B.36, without specific legislative 
 25.9   authorization. 
 25.10     (b) To the extent that state standards in English, 
 25.11  mathematics, science, social studies, or arts and literature and 
 25.12  corresponding statewide assessments aligned with these state 
 25.13  standards are not fully implemented according to the terms of 
 25.14  this act, schools, school districts, and charter schools must 
 25.15  continue to provide the instruction required under Minnesota 
 25.16  Statutes, section 120A.22, subdivision 9, and applicable federal 
 25.17  law until these standards and assessments are fully implemented. 
 25.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 25.19  following final enactment.