1.1                          A bill for an act 
  1.2             relating to education; balancing statewide 
  1.3             accountability and district autonomy under the profile 
  1.4             of learning; amending Minnesota Statutes 1998, 
  1.5             sections 120B.02; 120B.03; 120B.30, subdivision 1; and 
  1.6             120B.35. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 120B.02, is 
  1.9   amended to read: 
  1.10     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  1.11  REQUIREMENTS; PROFILE OF LEARNING.] 
  1.12     (a) The legislature is committed to establishing a 
  1.13  rigorous, results-oriented graduation rule for Minnesota's 
  1.14  public school students.  To that end, the state board shall use 
  1.15  its rulemaking authority under section 127A.66, subdivision 2, 
  1.16  to adopt a statewide, results-oriented graduation rule to be 
  1.17  implemented starting with students beginning ninth grade in the 
  1.18  1996-1997 school year.  The board shall not prescribe in rule or 
  1.19  otherwise the delivery system or form of instruction that local 
  1.20  sites must use to meet the requirements contained in this rule. 
  1.21     (b) To successfully accomplish paragraph (a), the state 
  1.22  board shall set in rule high academic standards for all 
  1.23  students.  The standards must contain the foundational skills in 
  1.24  the three core curricular areas of reading, writing, and 
  1.25  mathematics while meeting requirements for high school 
  1.26  graduation.  The standards must also provide an opportunity for 
  2.1   students to excel by meeting higher academic standards through a 
  2.2   profile of learning that uses curricular requirements to allow 
  2.3   students to expand their knowledge and skills beyond the 
  2.4   foundational skills.  All state board actions regarding the rule 
  2.5   must be premised on the following:  
  2.6      (1) the rule is intended to raise academic expectations for 
  2.7   students, teachers, and schools; 
  2.8      (2) any state action regarding the rule must evidence 
  2.9   consideration of school district autonomy; ~~and~~ 
  2.10     (3) the department of children, families, and learning, 
  2.11  with the assistance of school districts, must make available 
  2.12  information about all state initiatives related to the rule to 
  2.13  students and parents, teachers, and the general public in a 
  2.14  timely format that is appropriate, comprehensive, and readily 
  2.15  understandable~~.~~; and 
  2.16     (4)(i) distributed among the nine required learning areas, 
  2.17  high school students in grades 9 or 10 to 12, according to 
  2.18  district designation, must at least complete 15 content 
  2.19  standards that include nine state-required content standards, 
  2.20  three district or school-required content standards, and three 
  2.21  elective content standards which may encompass the learning area 
  2.22  of world languages, (ii) middle school students in grades 5 or 6 
  2.23  to 8 or 9, according to district designation, must at least 
  2.24  complete one content standard in each of the nine required 
  2.25  learning areas, (iii) intermediate school students in grades 4, 
  2.26  5, or 6, according to district designation, must complete a 
  2.27  content standards in learning areas 1, 2 and 4 and two district 
  2.28  or school-required content standards, and (iv) primary school 
  2.29  students in kindergarten to grade 3 must focus on learning areas 
  2.30  1, 2, and 4 but are not required to complete content standards 
  2.31  in those learning areas. 
  2.32     (c) For purposes of adopting the rule, the state board, in 
  2.33  consultation with the department, recognized psychometric 
  2.34  experts in assessment, and other interested and knowledgeable 
  2.35  educators, using the most current version of professional 
  2.36  standards for educational testing, shall evaluate the 
  3.1   alternative approaches to assessment.  
  3.2      (d) The content of the graduation rule must differentiate 
  3.3   between minimum competencies reflected in the basic requirements 
  3.4   assessment and rigorous profile of learning standards.  When 
  3.5   fully implemented, the requirements for high school graduation 
  3.6   in Minnesota must include both basic requirements and the 
  3.7   required profile of learning.  The profile of learning must 
  3.8   measure student performance using performance-based assessments 
  3.9   compiled over time that integrate higher academic standards, 
  3.10  higher order thinking skills, and application of knowledge from 
  3.11  a variety of content areas.  The profile of learning shall 
  3.12  include a broad range of academic experience and accomplishment 
  3.13  necessary to achieve the goal of preparing students to function 
  3.14  effectively as purposeful thinkers, effective communicators, 
  3.15  self-directed learners, productive group participants, and 
  3.16  responsible citizens.  The commissioner shall develop and 
  3.17  disseminate to school districts a uniform method for reporting 
  3.18  student performance on the profile of learning.  Districts may 
  3.19  use outstanding work from each grade level as exemplars for 
  3.20  measuring student work in that grade. 
  3.21     (e) The state board shall periodically review and report on 
  3.22  the assessment process and student achievement with the 
  3.23  expectation of raising the standards and expanding high school 
  3.24  graduation requirements. 
  3.25     (f) The state board shall report in writing to the 
  3.26  legislature annually by January 15 on its progress in developing 
  3.27  and implementing the graduation requirements according to the 
  3.28  requirements of this subdivision and section 120B.10 until such 
  3.29  time as all the graduation requirements are implemented. 
  3.30     Sec. 2.  Minnesota Statutes 1998, section 120B.03, is 
  3.31  amended to read: 
  3.32     120B.03 [IMPLEMENTING THE PROFILE OF LEARNING.] 
  3.33     Subdivision 1.  [DISTRICT IMPLEMENTATION OF THE PROFILE OF 
  3.34  LEARNING.] (a) A school district shall implement the profile of 
  3.35  learning of the graduation rule under paragraph (b)~~,~~ or (c)~~, or~~ 
  3.36  ~~(d)~~. 
  4.1      ~~A district may implement the profile of learning under~~ 
  4.2   ~~paragraph (c) or (d) only after the commissioner approves the~~ 
  4.3   ~~district's request for a waiver and approves the local plan for~~ 
  4.4   ~~full implementation.~~ 
  4.5      ~~(b) A school district shall implement the profile of~~ 
  4.6   ~~learning for the 1998-1999 school year and later.~~  
  4.7      ~~(c)~~ (b) A school district shall implement the profile of 
  4.8   learning as follows: 
  4.9      (1) for the ~~1998-1999~~ 1999-2000 school year and later, the 
  4.10  district shall implement all required standards in learning 
  4.11  areas at the preparatory level and implement for ninth grade 
  4.12  students a minimum of six learning areas under the profile of 
  4.13  learning with three from the areas of read, listen, and view; 
  4.14  write and speak; mathematical applications; scientific 
  4.15  applications; and people and cultures; and three from the areas 
  4.16  of literature and the arts; inquiry; decision making; resource 
  4.17  management; and world language; 
  4.18     (2) for the ~~1999-2000~~ 2000-2001 school year and later, the 
  4.19  district shall implement for ninth and tenth grade students two 
  4.20  learning areas in addition to those implemented under clause 
  4.21  (1).  The district shall complete the four learning areas of 
  4.22  read, listen, and view; write and speak; mathematical 
  4.23  applications; scientific applications; and people and cultures 
  4.24  if the four areas were not completed in clause (1); and the 
  4.25  remainder from the areas of literature and the arts; inquiry; 
  4.26  decision making; resource management; and world language; and 
  4.27     (3) for the ~~2000-2001~~ 2001-2002 school year and later, the 
  4.28  district shall implement for ninth, tenth, and eleventh grade 
  4.29  students the two learning areas in the profile of learning that 
  4.30  were not implemented under clauses (1) and (2), with the 
  4.31  expectation that students graduating in the 2003-2004 school 
  4.32  year must successfully complete all profile of learning 
  4.33  requirements under section 120B.02, in order to graduate. 
  4.34     ~~(d)~~ (c) A district shall develop a local plan to implement 
  4.35  the profile of learning and have all ten learning areas fully 
  4.36  implemented by the start of the 2001-2002 school year with the 
  5.1   expectation that students graduating in the 2003-2004 school 
  5.2   year must successfully complete all profile of learning 
  5.3   requirements under section 120B.02, in order to graduate.  
  5.4      ~~(e)~~ (d) A district shall notify the commissioner by July 1, 
  5.5   ~~1998~~ 1999, as to whether the district will implement the profile 
  5.6   of learning under paragraph (b)~~,~~ or (c)~~, or (d)~~. 
  5.7      ~~(f) An advisory committee of 11 members is established to~~ 
  5.8   ~~advise the governor and commissioner on the implementation of~~ 
  5.9   ~~the graduation rule under this section.  The commissioner shall~~ 
  5.10  ~~appoint 11 members with representatives from education~~ 
  5.11  ~~organizations, business, higher education, parents, and~~ 
  5.12  ~~organizations representing communities of color.~~ 
  5.13     ~~The committee shall review the implementation of the basic~~ 
  5.14  ~~requirements and the profile of learning standards.~~ 
  5.15     ~~The commissioner shall provide technical and other~~ 
  5.16  ~~assistance to the advisory committee.  The committee expires on~~ 
  5.17  ~~December 1, 1998.~~ 
  5.18     Subd. 2.  [PERFORMANCE PACKAGES.] (a) Teachers and 
  5.19  districts are not required to use a state model performance 
  5.20  package, which is intended only to serve as a guideline for a 
  5.21  teacher or district to use in developing content standard 
  5.22  specifications that the teacher or district can embed in local 
  5.23  curricula.  Teachers are encouraged to develop and use a local 
  5.24  performance package that equals or exceeds the difficulty of the 
  5.25  state model performance package.  At the district's election, 
  5.26  students may complete state performance packages or they may 
  5.27  complete locally developed performance packages, which consist 
  5.28  of locally approved assignments and other applications designed 
  5.29  to determine student achievement of a content standard, as a 
  5.30  condition of successfully completing a content standard in a 
  5.31  learning area. 
  5.32     (b) A district that uses locally developed performance 
  5.33  packages to determine student achievement must report the 
  5.34  specifications for each content standard to the commissioner.  
  5.35  The commissioner periodically must compile the district 
  5.36  information into a useful format that indicates patterns in 
  6.1   district specifications and must effectively disseminate the 
  6.2   substance of and patterns in the district reports in a timely 
  6.3   manner to districts, members of the public, and the education 
  6.4   committees of the legislature. 
  6.5      Subd. 3.  [WAIVER.] ~~In order to receive a waiver,~~ A 
  6.6   district must document ~~why the waiver is necessary,~~ how the 
  6.7   local plan under subdivision 1, paragraph (c), improves student 
  6.8   achievement, and how the profile of learning will be fully 
  6.9   implemented for ~~the 2001-2002~~ students graduating in the 
  6.10  2003-2004 school year. 
  6.11     Sec. 3.  Minnesota Statutes 1998, section 120B.30, 
  6.12  subdivision 1, is amended to read: 
  6.13     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  6.14  with advice from experts with appropriate technical 
  6.15  qualifications and experience and stakeholders, shall include in 
  6.16  the comprehensive assessment system, for each grade level to be 
  6.17  tested, a single statewide norm-referenced or 
  6.18  criterion-referenced test, or a combination of a norm-referenced 
  6.19  and a criterion-referenced test, which shall be highly 
  6.20  correlated with the state's graduation standards and 
  6.21  administered annually to all students in the third, fifth, and 
  6.22  eighth grades.  The results of the reading and math tests 
  6.23  administered to third and fifth grade students and the writing 
  6.24  test administered to fifth grade students must be sufficiently 
  6.25  rigorous, valid, and reliable for districts to use for 
  6.26  diagnostic purposes affecting student learning and district 
  6.27  instruction and curriculum, and for establishing educational 
  6.28  accountability.  The commissioner shall establish one or more 
  6.29  months during which schools shall administer the tests to 
  6.30  students each school year.  Only Minnesota basic skills tests in 
  6.31  reading, mathematics, and writing shall fulfill students' 
  6.32  testing requirements for a passing state notation.  
  6.33     (b) In addition, at the secondary level, ~~districts~~ but only 
  6.34  when the commissioner determines that circumstances of poor 
  6.35  student performance at a school site or district warrant it, a 
  6.36  district shall assess ~~student~~ the performance of 11th grade 
  7.1   students in ~~all~~ required learning areas ~~and selected required~~ 
  7.2   ~~standards within each area~~ of the profile of learning.  The 
  7.3   testing instruments and testing process shall be determined by 
  7.4   the commissioner.  The results shall be aggregated at the site 
  7.5   and district level.  The testing shall be administered beginning 
  7.6   in the ~~1999-2000~~ 2001-2002 school year and thereafter, and shall 
  7.7   be available to a school site and a district for diagnostic 
  7.8   purposes affecting student learning, instruction, and 
  7.9   curriculum, to a student for post-secondary planning purposes, 
  7.10  and to establish educational accountability.  The testing is not 
  7.11  a requirement for graduating from high school. 
  7.12     (c) The comprehensive assessment system shall include an 
  7.13  evaluation of school site and school district performance levels 
  7.14  during the 1997-1998 school year and thereafter using an 
  7.15  established performance baseline developed from students' test 
  7.16  scores under this section that records, at a minimum, students' 
  7.17  unweighted mean test scores in each tested subject, a second 
  7.18  performance baseline that reports, at a minimum, the same 
  7.19  unweighted mean test scores of only those students enrolled in 
  7.20  the school by January 1 of the previous school year, and a third 
  7.21  performance baseline that reports the same unweighted test 
  7.22  scores of all students except those students receiving limited 
  7.23  English proficiency instruction.  The evaluation also shall 
  7.24  record separately, in proximity to the performance baselines, 
  7.25  the percentages of students who are eligible to receive a free 
  7.26  or reduced price school meal, demonstrate limited English 
  7.27  proficiency, or are eligible to receive special education 
  7.28  services. 
  7.29     (d) In addition to the testing and reporting requirements 
  7.30  under paragraphs (a), (b), and (c), the commissioner, in 
  7.31  consultation with the state board of education, shall include 
  7.32  the following components in the statewide educational 
  7.33  accountability and public reporting system: 
  7.34     (1) uniform statewide testing of all third, fifth, and 
  7.35  eighth~~, and post-eighth~~ grade students ~~with~~ that provides 
  7.36  testing exemptions, only with parent or guardian approval, ~~from~~ 
  8.1   ~~the testing requirement only~~ for those very few students for 
  8.2   whom the student's individual education plan team under sections 
  8.3   125A.05 and 125A.06, determines that the student is incapable of 
  8.4   taking a statewide test, or for a limited English proficiency 
  8.5   student under section 124D.59, subdivision 2, if the student has 
  8.6   been in the United States for fewer than 12 months and for whom 
  8.7   special language barriers exist, such as the student's native 
  8.8   language does not have a written form or the district does not 
  8.9   have access to appropriate interpreter services for the 
  8.10  student's native language; 
  8.11     (2) educational indicators that can be aggregated and 
  8.12  compared across school districts and across time on a statewide 
  8.13  basis; 
  8.14     (3) students' scores on the American College Test; 
  8.15     (4) participation in the National Assessment of Educational 
  8.16  Progress so that the state can benchmark its performance against 
  8.17  the nation and other states, and, where possible, against other 
  8.18  countries, and contribute to the national effort to monitor 
  8.19  achievement; and 
  8.20     (5) basic skills and advanced competencies connecting 
  8.21  teaching and learning to high academic standards, assessment, 
  8.22  and transitions to citizenship and employment. 
  8.23     (e) Districts must report exemptions under paragraph (d), 
  8.24  clause (1), to the commissioner consistent with a format 
  8.25  provided by the commissioner. 
  8.26     Sec. 4.  Minnesota Statutes 1998, section 120B.35, is 
  8.27  amended to read: 
  8.28     120B.35 [STUDENT ACHIEVEMENT LEVELS.] 
  8.29     (a) Each school year, a school district must determine if 
  8.30  the student achievement levels at each school site meet state 
  8.31  expectations.  If student achievement levels at a school site do 
  8.32  not meet state expectations for two out of three consecutive 
  8.33  school years, beginning with the 1999-2000 school year, the 
  8.34  district must work with the school site to adopt a plan to raise 
  8.35  student achievement levels to state expectations.  ~~The~~ 
  8.36  ~~legislature will determine state expectations after receiving a~~ 
  9.1   ~~recommendation from the commissioner of children, families, and~~ 
  9.2   ~~learning.  The commissioner must submit its recommendations to~~ 
  9.3   ~~the legislature by December 15, 1998.~~ 
  9.4      (b) A district, with timely and adequate technical support 
  9.5   from the department at the district's request, must assist 
  9.6   school sites in designing sufficiently rigorous, valid, and 
  9.7   reliable assessment methods to determine student achievement of 
  9.8   content standards required for graduation.  The methods of 
  9.9   assessment may be different for different content standards, but 
  9.10  must indicate a clearly defined minimum level of student 
  9.11  achievement in each content standard required for graduation.  
  9.12  Methods of assessment may include at least the use of 
  9.13  portfolios, performance tasks with rubrics, exit interviews, 
  9.14  exhibitions of achievement, locally adopted achievement tests, 
  9.15  checklists, and student performance on state achievement tests.  
  9.16  A district must make timely information about its assessment 
  9.17  methods and levels of student achievement readily available in a 
  9.18  useful format to interested members of the public and the 
  9.19  department, consistent with the requirements of section 13.32.  
  9.20  The district also must publish an annual report containing 
  9.21  district information about student performance on the state's 
  9.22  basic reading, math, and writing tests, the content standards 
  9.23  that students must complete under the profile of learning in 
  9.24  order to graduate, sample assessment methods the district uses 
  9.25  to determine student achievement, and planned and implemented 
  9.26  district efforts to improve student learning and district 
  9.27  instruction and curriculum, which it must disseminate to 
  9.28  district residents and transmit to the department in a useful 
  9.29  and timely manner.  The commissioner must review the performance 
  9.30  of a school site or district demonstrating a pattern of low 
  9.31  student achievement on the state's third and fifth grade reading 
  9.32  and math tests and fifth grade writing test and on the eighth 
  9.33  grade basic reading and math skills tests and tenth grade 
  9.34  writing skills test, and may review the performance of other 
  9.35  districts at the request of the district or at the discretion of 
  9.36  the commissioner.  The commissioner must pay the costs of these 
 10.1   reviews. 
 10.2      (c) The department must assist the district and the school 
 10.3   site in developing a plan to improve student achievement.  The 
 10.4   plan must include parental involvement components. 
 10.5      Sec. 5.  [EFFECTIVE DATE.] 
 10.6      Sections 1 to 4 are effective the day following final 
 10.7   enactment.