1.1                          A bill for an act
  1.2             relating to education; offering an alternative of a 
  1.3             locally controlled graduation rule; providing locally 
  1.4             controlled graduation rule aid and district assistance 
  1.5             and academic enhancement aid; appropriating money; 
  1.6             amending Minnesota Statutes 1996, section 120.101, 
  1.7             subdivision 8, and by adding a subdivision; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 124. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 120.101, 
  1.11  subdivision 8, is amended to read: 
  1.12     Subd. 8.  [ASSESSMENT OF PERFORMANCE IN OTHER THAN PUBLIC 
  1.13  SCHOOLS.] (a) Each year the performance of every child who is 
  1.14  not enrolled in a public school must be assessed using a 
  1.15  nationally norm-referenced standardized achievement 
  1.16  examination.  The superintendent of the district in which the 
  1.17  child receives instruction and the person in charge of the 
  1.18  child's instruction must agree about the specific examination to 
  1.19  be used and the administration and location of the examination.  
  1.20     (b) To the extent the examination in paragraph (a) does not 
  1.21  provide assessment in all of the subject areas in subdivision 6, 
  1.22  the parent must assess the child's performance in the applicable 
  1.23  subject area.  This requirement applies only to a parent who 
  1.24  provides instruction and does not meet the requirements of 
  1.25  subdivision 7, clause (1), (2), or (3).  
  1.26     (c) If the results of the assessments in paragraphs (a) and 
  1.27  (b) indicate that the child's performance on the total battery 
  2.1   score is at or below the 30th percentile or one grade level 
  2.2   below the performance level for children of the same age, the 
  2.3   parent shall obtain additional evaluation of the child's 
  2.4   abilities and performance for the purpose of determining whether 
  2.5   the child has learning problems.  
  2.6      (d) A child receiving instruction from a nonpublic school, 
  2.7   person, or institution that is accredited by an accrediting 
  2.8   agency, recognized according to section 123.935, subdivision 7, 
  2.9   or recognized by the state board of education, is exempt from 
  2.10  the requirements of this subdivision.  
  2.11     Sec. 2.  Minnesota Statutes 1996, section 120.101, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 8a.  [LOCALLY CONTROLLED GRADUATION RULE.] (a) As an 
  2.14  alternative to the requirements of the graduation rule adopted 
  2.15  under section 121.11, subdivision 7c, a school district may 
  2.16  formally elect to implement locally controlled graduation 
  2.17  requirements under this subdivision.  Those school districts 
  2.18  electing the locally controlled graduation rule are bound by the 
  2.19  requirements of this subdivision and are not bound by the 
  2.20  requirements of the graduation rule adopted under section 
  2.21  121.11, subdivision 7c.  Districts making this election are 
  2.22  eligible to receive aid under section 124.355. 
  2.23     (b) Between February and April of each school year, public 
  2.24  schools shall assess the performance of every child enrolled in 
  2.25  grades 3 to 7 using a nationally norm-referenced standardized 
  2.26  achievement examination.  The local school board shall select 
  2.27  the examination for each grade level one time during any 
  2.28  five-year school year period.  School officials shall place 
  2.29  children's test results in their education records. 
  2.30     (c) Each local school board shall establish a written 
  2.31  policy indicating what assistance the school district will make 
  2.32  available to children and their parents when a child's total 
  2.33  battery score on an achievement examination is at or below the 
  2.34  30th percentile.  Forms of district assistance to the child 
  2.35  include making tutors available, offering summer school 
  2.36  programs, and providing additional classroom instruction, among 
  3.1   other things.  Any form of assistance must include parent 
  3.2   participation.  A parent has the option of whether or not to 
  3.3   enroll a child in any particular form of assistance the district 
  3.4   makes available under this paragraph. 
  3.5      (d) Only a school district may enter into an agreement with 
  3.6   a testing company for the purpose of assessing children's 
  3.7   performance under this subdivision. 
  3.8      (e) A local school board shall preserve for five years from 
  3.9   the date children complete an achievement examination all 
  3.10  aggregate assessment data measuring children's performance on 
  3.11  that examination.  The school board shall make the data 
  3.12  available to the public in a timely and accessible manner. 
  3.13     (f) Each year the commissioner of children, families, and 
  3.14  learning shall compile a statewide report that: 
  3.15     (1) includes aggregate district scores for each subject 
  3.16  area tested; 
  3.17     (2) includes at least five consecutive school years of 
  3.18  aggregate data; and 
  3.19     (3) organizes and reports school district scores by the 
  3.20  nationally norm-referenced standardized achievement test given 
  3.21  to the students in the district. 
  3.22     The commissioner shall submit to the education committees 
  3.23  of the legislature by January 20 the report containing data that 
  3.24  includes district scores from the previous school year. 
  3.25     Sec. 3.  [124.355] [LOCALLY CONTROLLED GRADUATION RULE AID; 
  3.26  DISTRICT ASSISTANCE AND ACADEMIC ENHANCEMENT AID.] 
  3.27     (a) Locally controlled graduation rule aid equals $10 times 
  3.28  the number of pupils in average daily membership in grades 3 to 
  3.29  7.  Districts electing to implement a locally controlled 
  3.30  graduation rule under section 120.101, subdivision 8a, shall use 
  3.31  the aid to annually assess the performance of every enrolled 
  3.32  child in grades 3 to 7. 
  3.33     (b) District assistance and academic enhancement aid equals 
  3.34  $50 times the number of students in grades 3 to 7.  Districts 
  3.35  shall use the aid to: 
  3.36     (1) provide assistance to every child who receives a total 
  4.1   battery score on an achievement examination that is at or below 
  4.2   the 30th percentile; and 
  4.3      (2) if all children needing assistance are receiving 
  4.4   assistance, develop academically related programs or curriculum 
  4.5   that enhance the educational performance of students throughout 
  4.6   the district. 
  4.7      (c) Aid under this section must be paid in addition to any 
  4.8   other aid paid to the district. 
  4.9      Sec. 4.  [APPROPRIATION.] 
  4.10     $....... is appropriated from the general fund to the 
  4.11  commissioner of children, families, and learning in fiscal year 
  4.12  1998 for the purposes of section 3.  The appropriation is 
  4.13  available until June 30, 1999.