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; requiring the graduation rule to be 
  1.5             developed independently of any national education 
  1.6             goals; reducing the required number of content 
  1.7             standards; including decision making and inquiry in 
  1.8             all content standards; determining scoring criteria 
  1.9             and recordkeeping practices; amending Minnesota 
  1.10            Statutes 1998, section 120B.03; Minnesota Statutes 
  1.11            1999 Supplement, sections 120B.02; and 120B.30, 
  1.12            subdivision 1. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.15  120B.02, is amended to read: 
  1.16     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  1.17  REQUIREMENTS; PROFILE OF LEARNING.] 
  1.18     (a) The legislature is committed to establishing a 
  1.19  rigorous, results-oriented graduation rule for Minnesota's 
  1.20  public school students.  To that end, the commissioner shall use 
  1.21  its rulemaking authority under section 127A.05, subdivision 4, 
  1.22  to adopt a statewide, results-oriented graduation rule to be 
  1.23  implemented starting with students beginning ninth grade in the 
  1.24  1996-1997 school year.  The commissioner shall not prescribe in 
  1.25  rule or otherwise the delivery system or form of instruction 
  1.26  that local sites must use to meet the requirements contained in 
  1.27  this rule. 
  1.28     (b) To successfully accomplish paragraph (a), the 
  1.29  commissioner shall set in rule high academic standards for all 
  2.1   students.  The standards must contain the foundational skills in 
  2.2   the three core curricular areas of reading, writing, and 
  2.3   mathematics while meeting requirements for high school 
  2.4   graduation.  The standards must also provide an opportunity for 
  2.5   students to excel by meeting higher academic standards through a 
  2.6   profile of learning that uses curricular requirements to allow 
  2.7   students to expand their knowledge and skills beyond the 
  2.8   foundational skills.  All commissioner actions regarding the 
  2.9   rule must be premised on the following:  
  2.10     (1) the rule is intended to raise academic expectations for 
  2.11  students, teachers, and schools; 
  2.12     (2) any state action regarding the rule must evidence 
  2.13  consideration of school district autonomy; and 
  2.14     (3) the department of children, families, and learning, 
  2.15  with the assistance of school districts, must make available 
  2.16  information about all state initiatives related to the rule to 
  2.17  students and parents, teachers, and the general public in a 
  2.18  timely format that is appropriate, comprehensive, and readily 
  2.19  understandable.; 
  2.20     (4)(i) student work completed in the six required learning 
  2.21  areas means high school students in grades 9 or 10 to 12, 
  2.22  according to district designation, must at least complete 12 
  2.23  content standards that include six state-required content 
  2.24  standards and six elective content standards, (ii) middle school 
  2.25  students in grades 5 or 6 to 8 or 9, according to district 
  2.26  designation, must at least complete one content standard in each 
  2.27  of the six required learning areas, (iii) intermediate school 
  2.28  students in grades 4 to 5 or 6, according to district 
  2.29  designation, must complete a content standard in learning areas 
  2.30  1, 2, and 4 and two elective content standards, and (iv) primary 
  2.31  school students in kindergarten to grade 3 must focus on 
  2.32  learning areas 1, 2, and 4 but are not required to complete 
  2.33  content standards in any learning areas; and 
  2.34     (5) districts, at their election, may offer students a 
  2.35  seventh learning area of world language from which students may 
  2.36  satisfy an elective content standard requirement. 
  3.1      (c) Districts must ensure that: 
  3.2      (1) district curriculum and corresponding instruction 
  3.3   incorporate content standards in courses offered to students; 
  3.4      (2) assessment of student performance on a content standard 
  3.5   is integrated into the letter grade the student receives for the 
  3.6   quality of work a student completes for a course or program; and 
  3.7      (3) all required and elective content standards contain 
  3.8   elements of decision making and inquiry. 
  3.9      (d) For purposes of adopting the rule, the commissioner, in 
  3.10  consultation with the department, recognized psychometric 
  3.11  experts in assessment, and other interested and knowledgeable 
  3.12  educators, using the most current version of professional 
  3.13  standards for educational testing, shall evaluate the 
  3.14  alternative approaches to assessment.  
  3.15     (d) (e) The content of the graduation rule must 
  3.16  differentiate between minimum competencies reflected in the 
  3.17  basic requirements assessment and rigorous profile of learning 
  3.18  standards.  When fully implemented, the requirements for high 
  3.19  school graduation in Minnesota must include both basic 
  3.20  requirements and the required profile of learning.  The profile 
  3.21  of learning must measure student performance using 
  3.22  performance-based assessments compiled over time that integrate 
  3.23  higher academic standards, higher order thinking skills, and 
  3.24  application of knowledge from a variety of content areas.  The 
  3.25  profile of learning shall include a broad range of academic 
  3.26  experience and accomplishment necessary to achieve the goal of 
  3.27  preparing students to function effectively as purposeful 
  3.28  thinkers, effective communicators, self-directed learners, 
  3.29  productive group participants, and responsible citizens.  The 
  3.30  commissioner shall develop and disseminate to school districts a 
  3.31  uniform method for reporting student performance on the profile 
  3.32  of learning.  Districts may use outstanding work from each grade 
  3.33  level as exemplars for measuring student work in that grade. 
  3.34     (e) (f) The commissioner shall periodically review and 
  3.35  report on the assessment process and student achievement with 
  3.36  the expectation of raising the standards and expanding high 
  4.1   school graduation requirements. 
  4.2      (f) (g) The commissioner shall report in writing to the 
  4.3   legislature annually by January 15 on its progress in developing 
  4.4   and implementing the graduation requirements according to the 
  4.5   requirements of this subdivision and section 120B.10 until such 
  4.6   time as all the graduation requirements are implemented. 
  4.7      (h) Basic skills and profile of learning requirements must 
  4.8   be developed and implemented independently of any national 
  4.9   education goals established under the 1994 Goals 2000:  Educate 
  4.10  America Act. 
  4.11     Sec. 2.  Minnesota Statutes 1998, section 120B.03, is 
  4.12  amended to read: 
  4.13     120B.03 [IMPLEMENTING THE PROFILE OF LEARNING.] 
  4.14     Subdivision 1.  [DISTRICT IMPLEMENTATION OF THE PROFILE OF 
  4.15  LEARNING.] (a) A school district shall implement the profile of 
  4.16  learning of the graduation rule under paragraph (b), or (c), or 
  4.17  (d). 
  4.18     A district may implement the profile of learning under 
  4.19  paragraph (c) or (d) only after the commissioner approves the 
  4.20  district's request for a waiver and approves the local plan for 
  4.21  full implementation. 
  4.22     (b) A school district shall implement the profile of 
  4.23  learning for the 1998-1999 school year and later.  
  4.24     (c) (b) A school district shall implement the profile of 
  4.25  learning as follows: 
  4.26     (1) for the 1998-1999 2001-2002 school year and later, the 
  4.27  district shall implement all the required standards in learning 
  4.28  areas at the preparatory level and (i) must implement for ninth 
  4.29  grade students a minimum of six at least two learning areas 
  4.30  under the profile of learning with three from the areas of read, 
  4.31  listen, and view; write and speak; mathematical 
  4.32  applications; and scientific applications; and (ii) in addition, 
  4.33  may implement for ninth grade students the learning areas of 
  4.34  people and cultures; and three from the areas of literature and 
  4.35  the arts; inquiry; decision making; resource management; and 
  4.36  world language; 
  5.1      (2) for the 1999-2000 2002-2003 school year and later, the 
  5.2   district shall implement for ninth and tenth grade students 
  5.3   two other learning areas under clause (1)(i) in addition to 
  5.4   those implemented under clause (1) if four learning areas were 
  5.5   not completed under clause (1)(i).  The district shall complete 
  5.6   the four learning areas of read, listen, and view; write and 
  5.7   speak; mathematical applications; scientific applications; and, 
  5.8   in addition, may implement the learning areas of people and 
  5.9   cultures if the four areas were not completed in clause (1); and 
  5.10  the remainder from the areas of literature and the arts if the 
  5.11  learning areas were not completed under clause (1)(ii); inquiry; 
  5.12  decision making; resource management; and world language; and 
  5.13     (3) for the 2000-2001 2003-2004 school year and later, the 
  5.14  district shall implement for ninth, tenth, and eleventh grade 
  5.15  students the two learning areas in the profile of learning that 
  5.16  were not implemented under clauses (1) and (2), if applicable, 
  5.17  with the expectation that students graduating in the 2005-2006 
  5.18  school year must successfully complete all profile of learning 
  5.19  requirements under section 120B.02 in order to graduate. 
  5.20     (d) (c) A district shall develop a local plan to implement 
  5.21  the profile of learning and have all ten six learning areas 
  5.22  fully implemented by the 2001-2002 start of the 2003-2004 school 
  5.23  year with the expectation that students graduating in the 
  5.24  2005-2006 school year must successfully complete all profile of 
  5.25  learning requirements under section 120B.02 in order to graduate.
  5.26     (e) (d) A district shall notify the commissioner by July 1, 
  5.27  1998 2001, as to whether the district will implement the profile 
  5.28  of learning under paragraph (b), or (c), or (d). 
  5.29     (f) An advisory committee of 11 members is established to 
  5.30  advise the governor and commissioner on the implementation of 
  5.31  the graduation rule under this section.  The commissioner shall 
  5.32  appoint 11 members with representatives from education 
  5.33  organizations, business, higher education, parents, and 
  5.34  organizations representing communities of color. 
  5.35     The committee shall review the implementation of the basic 
  5.36  requirements and the profile of learning standards. 
  6.1      The commissioner shall provide technical and other 
  6.2   assistance to the advisory committee.  The committee expires on 
  6.3   December 1, 1998. 
  6.4      (e) The commissioner shall convene an advisory group 
  6.5   composed of qualified experts and interested stakeholders to 
  6.6   recommend scoring criteria and recordkeeping practices under the 
  6.7   profile of learning.  After reviewing advisory group 
  6.8   recommendations, the commissioner must evaluate the software 
  6.9   available to implement scoring criteria and recordkeeping 
  6.10  practices under the profile of learning and certify to all 
  6.11  districts and the legislature that the software needed to record 
  6.12  and report performance levels is readily available to all 
  6.13  districts at minimal cost by July 1, 2001.  
  6.14     (f) To meet the educational accountability and reporting 
  6.15  standards under this chapter, the commissioner shall work with 
  6.16  school districts to develop and implement a uniform system of 
  6.17  measuring and reporting student performances completed as 
  6.18  requirements under the profile of learning.  
  6.19     Subd. 2.  [PERFORMANCE PACKAGES.] (a) Teachers and 
  6.20  districts are not required to use a state model performance 
  6.21  package, which is intended only to serve as a guideline for a 
  6.22  teacher or district to use in developing content standard 
  6.23  specifications that the teacher or district can embed in local 
  6.24  curricula.  Teachers are encouraged to develop and use a local 
  6.25  performance package that equals or exceeds the difficulty of the 
  6.26  state model performance package.  
  6.27     (b) A district that uses locally developed performance 
  6.28  packages to determine student achievement must report the 
  6.29  specifications for each content standard to the commissioner.  
  6.30  The commissioner periodically must compile the district 
  6.31  information into a useful format that indicates patterns in 
  6.32  district specifications and must effectively disseminate the 
  6.33  substance of and patterns in the district reports in a timely 
  6.34  manner to districts, members of the public, and the education 
  6.35  committees of the legislature. 
  6.36     Subd. 3.  [WAIVER LOCAL PLAN.] In order to receive a 
  7.1   waiver, A district must document why the waiver is necessary, 
  7.2   how the local plan under subdivision 1, paragraph (c), improves 
  7.3   student achievement, and how the profile of learning will be 
  7.4   fully implemented for the 2001-2002 students graduating in the 
  7.5   2004-2005 school year. 
  7.6      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  7.7   120B.30, subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  7.9   with advice from experts with appropriate technical 
  7.10  qualifications and experience and stakeholders, shall include in 
  7.11  the comprehensive assessment system, for each grade level to be 
  7.12  tested, a single statewide norm-referenced or 
  7.13  criterion-referenced test, or a combination of a norm-referenced 
  7.14  and a criterion-referenced test, which shall be highly 
  7.15  correlated with the state's graduation standards and 
  7.16  administered annually to all students in the third, fifth, and 
  7.17  eighth grades.  The results of the reading and math tests 
  7.18  administered to third and fifth grade students and the writing 
  7.19  test administered to fifth grade students must be sufficiently 
  7.20  rigorous, valid, and reliable for districts to use for 
  7.21  diagnostic purposes affecting student learning and district 
  7.22  instruction and curriculum, and for establishing educational 
  7.23  accountability.  The commissioner shall establish one or more 
  7.24  months during which schools shall administer the tests to 
  7.25  students each school year.  Only Minnesota basic skills tests in 
  7.26  reading, mathematics, and writing shall fulfill students' 
  7.27  testing requirements for a passing state notation.  
  7.28     (b) In addition, at the secondary level, districts but only 
  7.29  when the commissioner determines that circumstances of poor 
  7.30  student performance at a school site or district warrant it, a 
  7.31  district shall assess student the performance of 11th grade 
  7.32  students in all required learning areas and selected required 
  7.33  standards within each area of the profile of learning.  The 
  7.34  testing instruments and testing process shall be determined by 
  7.35  the commissioner.  The results shall be aggregated at the site 
  7.36  and district level.  The testing shall be administered beginning 
  8.1   in the 1999-2000 2003-2004 school year and thereafter, and shall 
  8.2   be available to a school site and a district for diagnostic 
  8.3   purposes affecting student learning, instruction, and 
  8.4   curriculum, to a student for post-secondary planning purposes, 
  8.5   and to establish educational accountability.  The testing is not 
  8.6   a requirement for graduating from high school. 
  8.7      (c) The comprehensive assessment system shall include an 
  8.8   evaluation of school site and school district performance levels 
  8.9   during the 1997-1998 school year and thereafter using an 
  8.10  established performance baseline developed from students' test 
  8.11  scores under this section that records, at a minimum, students' 
  8.12  unweighted mean test scores in each tested subject, a second 
  8.13  performance baseline that reports, at a minimum, the same 
  8.14  unweighted mean test scores of only those students enrolled in 
  8.15  the school by January 1 of the previous school year, and a third 
  8.16  performance baseline that reports the same unweighted test 
  8.17  scores of all students except those students receiving limited 
  8.18  English proficiency instruction.  The evaluation also shall 
  8.19  record separately, in proximity to the performance baselines, 
  8.20  the percentages of students who are eligible to receive a free 
  8.21  or reduced price school meal, demonstrate limited English 
  8.22  proficiency, or are eligible to receive special education 
  8.23  services. 
  8.24     (d) In addition to the testing and reporting requirements 
  8.25  under paragraphs (a), (b), and (c), the commissioner shall 
  8.26  include the following components in the statewide educational 
  8.27  accountability and public reporting system: 
  8.28     (1) uniform statewide testing of all third, fifth, and 
  8.29  eighth, and post-eighth grade students with that provides 
  8.30  testing exemptions, only with parent or guardian approval, from 
  8.31  the testing requirement only for those very few students for 
  8.32  whom the student's individual education plan team under sections 
  8.33  125A.05 and 125A.06, determines that the student is incapable of 
  8.34  taking a statewide test, or for a limited English proficiency 
  8.35  student under section 124D.59, subdivision 2, if the student has 
  8.36  been in the United States for fewer than 12 months and for whom 
  9.1   special language barriers exist, such as the student's native 
  9.2   language does not have a written form or the district does not 
  9.3   have access to appropriate interpreter services for the 
  9.4   student's native language; 
  9.5      (2) educational indicators that can be aggregated and 
  9.6   compared across school districts and across time on a statewide 
  9.7   basis; 
  9.8      (3) students' scores on the American College Test; 
  9.9      (4) participation in the National Assessment of Educational 
  9.10  Progress so that the state can benchmark its performance against 
  9.11  the nation and other states, and, where possible, against other 
  9.12  countries, and contribute to the national effort to monitor 
  9.13  achievement; and 
  9.14     (5) basic skills and advanced competencies connecting 
  9.15  teaching and learning to high academic standards, assessment, 
  9.16  and transitions to citizenship and employment. 
  9.17     (e) Districts must report exemptions under paragraph (d), 
  9.18  clause (1), to the commissioner consistent with a format 
  9.19  provided by the commissioner. 
  9.20     Sec. 4.  [EFFECTIVE DATE.] 
  9.21     Sections 1 to 3 are effective the day following final 
  9.22  enactment.