1.1                          A bill for an act 
  1.2             relating to education; modifying and codifying certain 
  1.3             portions of the state's high school graduation rule; 
  1.4             amending Minnesota Statutes 1998, sections 120A.41; 
  1.5             and 120B.03, subdivisions 1, 2, and by adding a 
  1.6             subdivision; Minnesota Statutes 1999 Supplement, 
  1.7             section 120B.02. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 120A.41, is 
  1.10  amended to read: 
  1.11     120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.] 
  1.12     A school board's annual school calendar must include at 
  1.13  least three additional days of student instruction or staff 
  1.14  development training related to implementing the profile of 
  1.15  learning under sections 120B.02 and 120B.03 beyond the number of 
  1.16  days of student instruction the board formally adopted as its 
  1.17  school calendar at the beginning of the 1996-1997 school year. 
  1.18     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.19  120B.02, is amended to read: 
  1.20     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  1.21  REQUIREMENTS; PROFILE OF LEARNING.] 
  1.22     (a) The legislature is committed to establishing a 
  1.23  rigorous, results-oriented graduation rule for Minnesota's 
  1.24  public school students.  To that end, the commissioner shall use 
  1.25  ~~its~~ the commissioner's rulemaking authority under section 
  1.26  127A.05, subdivision 4, to adopt a statewide, results-oriented 
  2.1   graduation rule to be implemented starting with students 
  2.2   beginning ninth grade in the 1996-1997 school year.  The 
  2.3   commissioner shall not prescribe in rule or otherwise the 
  2.4   delivery system or form of instruction that local sites must use 
  2.5   to meet the requirements contained in this rule. 
  2.6      (b) To successfully accomplish paragraph (a), the 
  2.7   commissioner shall set in rule high academic standards for all 
  2.8   students.  The standards must contain the foundational skills in 
  2.9   the three core curricular areas of reading, writing, and 
  2.10  mathematics while meeting requirements for high school 
  2.11  graduation.  The standards must also provide an opportunity for 
  2.12  students to excel by meeting higher academic standards through a 
  2.13  profile of learning that uses curricular requirements to allow 
  2.14  students to expand their knowledge and skills beyond the 
  2.15  foundational skills.  All commissioner actions regarding the 
  2.16  rule must be premised on the following:  
  2.17     (1) the rule is intended to raise academic expectations for 
  2.18  students, teachers, and schools; 
  2.19     (2) any state action regarding the rule must evidence 
  2.20  consideration of school district autonomy; ~~and~~ 
  2.21     (3) the department of children, families, and learning, 
  2.22  with the assistance of school districts, must make available 
  2.23  information about all state initiatives related to the rule to 
  2.24  students and parents, teachers, and the general public in a 
  2.25  timely format that is appropriate, comprehensive, and readily 
  2.26  understandable~~.~~; 
  2.27     (4) the commissioner, in consultation with qualified 
  2.28  experts and interested stakeholders, must determine the 15 
  2.29  required content standards and three elective content standards 
  2.30  that districts must require students to complete in order to 
  2.31  graduate from high school and districts may require up to an 
  2.32  additional six required content standards as a condition of 
  2.33  graduating from high school; and 
  2.34     (5) the commissioner, in consultation with qualified 
  2.35  experts and interested stakeholders, must determine the required 
  2.36  and elective content standards that middle, intermediate, and 
  3.1   primary school students must complete, which must be graduated 
  3.2   in number and difficulty and must not exceed a total of 28 
  3.3   content standards. 
  3.4      (c) For purposes of adopting the rule, the commissioner, in 
  3.5   consultation with the department, recognized psychometric 
  3.6   experts in assessment, and other interested and knowledgeable 
  3.7   educators, using the most current version of professional 
  3.8   standards for educational testing, shall evaluate the 
  3.9   alternative approaches to assessment.  
  3.10     (d) The content of the graduation rule must differentiate 
  3.11  between minimum competencies reflected in the basic requirements 
  3.12  assessment and rigorous profile of learning standards.  When 
  3.13  fully implemented, the requirements for high school graduation 
  3.14  in Minnesota must include both basic requirements and the 
  3.15  required profile of learning.  The profile of learning must 
  3.16  measure student performance using performance-based assessments 
  3.17  compiled over time that integrate higher academic standards, 
  3.18  higher order thinking skills, and application of knowledge from 
  3.19  a variety of content areas.  The profile of learning shall 
  3.20  include a broad range of academic experience and accomplishment 
  3.21  necessary to achieve the goal of preparing students to function 
  3.22  effectively as purposeful thinkers, effective communicators, 
  3.23  self-directed learners, productive group participants, and 
  3.24  responsible citizens.  The commissioner shall develop and 
  3.25  disseminate to school districts a uniform method for reporting 
  3.26  student performance on the profile of learning. 
  3.27     (e) School districts must score student work on a 
  3.28  four-point scale where "4" means the student's work exceeds 
  3.29  state performance standards, "3" means the student's work meets 
  3.30  state performance standards, "2" means the student completed the 
  3.31  required work but the work does not meet state performance 
  3.32  standards, and "1" means the student completed the required work 
  3.33  but the work is significantly below state performance 
  3.34  standards.  A student who does not receive a score between "4" 
  3.35  and "1" fails to meet state performance standards.  Students' 
  3.36  individual grades must be recorded to reflect the actual work 
  4.1   each student completed as part of a group assignment or other 
  4.2   group work.  Districts are encouraged to use outstanding work 
  4.3   from each grade level as exemplars for measuring student work in 
  4.4   that grade.  School districts must record a grade of "pass" for 
  4.5   students who complete adjusted performance packages.  Districts 
  4.6   must record a grade of "pass-individual" for students who 
  4.7   complete all the specifications of a modified content standard 
  4.8   contained in an IEP or Section 504 accommodation plan.  Students 
  4.9   exempted from a content standard under an IEP or Section 504 
  4.10  accommodation plan are recorded as "exempt."  LEP students 
  4.11  receive a "pass-LEP" for completing the specifications of a 
  4.12  content standard contained in an LEP individual graduation plan 
  4.13  or for completing all specifications of a content standard in a 
  4.14  language other than English.  Districts each school year may 
  4.15  combine the four-point scores a student receives for completing 
  4.16  state performance standards and the five-letter grades a student 
  4.17  receives for completing course or class requirements to 
  4.18  establish the student's annual average grade. 
  4.19     (f) The commissioner shall periodically review and report 
  4.20  on the assessment process and student achievement with the 
  4.21  expectation of raising the standards and expanding high school 
  4.22  graduation requirements. 
  4.23     ~~(f)~~ (g) The commissioner shall report in writing to the 
  4.24  legislature annually by January 15 on its progress in developing 
  4.25  and implementing the graduation requirements according to the 
  4.26  requirements of this subdivision and section 120B.10 until such 
  4.27  time as all the graduation requirements are implemented. 
  4.28     Sec. 3.  Minnesota Statutes 1998, section 120B.03, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [DISTRICT IMPLEMENTATION OF THE PROFILE OF 
  4.31  LEARNING.] (a) A school district shall implement the profile of 
  4.32  learning of the graduation rule under paragraph (b)~~,~~ or (c)~~, or~~ 
  4.33  ~~(d)~~. 
  4.34     ~~A district may implement the profile of learning under~~ 
  4.35  ~~paragraph (c) or (d) only after the commissioner approves the~~ 
  4.36  ~~district's request for a waiver and approves the local plan for~~ 
  5.1   ~~full implementation.~~ 
  5.2      ~~(b) A school district shall implement the profile of~~ 
  5.3   ~~learning for the 1998-1999 school year and later.~~  
  5.4      ~~(c)~~ (b) A school district shall implement the profile of 
  5.5   learning as follows: 
  5.6      (1) for the ~~1998-1999~~ 2000-2001 school year and later, the 
  5.7   district shall implement all required standards in learning 
  5.8   areas at the preparatory level and implement for ninth grade 
  5.9   students a minimum of six learning areas under the profile of 
  5.10  learning with three from the areas of read, listen, and view; 
  5.11  write and speak; mathematical applications; scientific 
  5.12  applications; and people and cultures; and three from the areas 
  5.13  of literature and the arts; inquiry; decision making; resource 
  5.14  management; and world language; 
  5.15     (2) for the ~~1999-2000~~ 2001-2002 school year and later, the 
  5.16  district shall implement for ninth and tenth grade students two 
  5.17  learning areas in addition to those implemented under clause 
  5.18  (1).  The district shall complete the four learning areas of 
  5.19  read, listen, and view; write and speak; mathematical 
  5.20  applications; scientific applications; and people and cultures 
  5.21  if the four areas were not completed in clause (1); and the 
  5.22  remainder from the areas of literature and the arts; inquiry; 
  5.23  decision making; resource management; and world language; and 
  5.24     (3) for the ~~2000-2001~~ 2002-2003 school year and later, the 
  5.25  district shall implement for ninth, tenth, and eleventh grade 
  5.26  students the two learning areas in the profile of learning that 
  5.27  were not implemented under clauses (1) and (2). 
  5.28     ~~(d)~~ (c) A district shall develop a local plan to implement 
  5.29  the profile of learning and have all ten learning areas fully 
  5.30  implemented by the ~~2001-2002~~ 2002-2003 school year.  
  5.31     ~~(e)~~ (d) A district shall notify the commissioner by July 1, 
  5.32  ~~1998~~ 2000, as to whether the district will implement the profile 
  5.33  of learning under paragraph (b), (c), or (d). 
  5.34     ~~(f) An advisory committee of 11 members is established to~~ 
  5.35  ~~advise the governor and commissioner on the implementation of~~ 
  5.36  ~~the graduation rule under this section.  The commissioner shall~~ 
  6.1   ~~appoint 11 members with representatives from education~~ 
  6.2   ~~organizations, business, higher education, parents, and~~ 
  6.3   ~~organizations representing communities of color.~~ 
  6.4      ~~The committee shall review the implementation of the basic~~ 
  6.5   ~~requirements and the profile of learning standards.~~ 
  6.6      ~~The commissioner shall provide technical and other~~ 
  6.7   ~~assistance to the advisory committee.  The committee expires on~~ 
  6.8   ~~December 1, 1998.~~ (e) The commissioner must immediately evaluate 
  6.9   the software available to implement scoring criteria and 
  6.10  recordkeeping practices under the profile of learning and 
  6.11  certify to all districts and the legislature that the software 
  6.12  needed to record and report performance levels is readily 
  6.13  available to all districts at minimal cost.  The commissioner 
  6.14  must disseminate software information and information on the 
  6.15  Minnesota electronic curriculum repository and distribute 
  6.16  software samples to school administrations in all school 
  6.17  districts.  Districts' obligation to report school site and 
  6.18  school district performance levels under the profile of learning 
  6.19  arises the first school year after which the districts and the 
  6.20  legislature receive notice of the commissioner's certification. 
  6.21     (f) The commissioner, in consultation with the office of 
  6.22  educational accountability and licensed K-12 teachers currently 
  6.23  employed to teach in public schools, must periodically review 
  6.24  software districts need to record and report performance levels 
  6.25  under the profile of learning and ensure that the software is 
  6.26  periodically upgraded to reflect current use and made available 
  6.27  to all districts at minimal cost. 
  6.28     Sec. 4.  Minnesota Statutes 1998, section 120B.03, 
  6.29  subdivision 2, is amended to read: 
  6.30     Subd. 2.  [PERFORMANCE PACKAGES ASSESSING STUDENT 
  6.31  PERFORMANCE.] Performance packages must measure students' 
  6.32  knowledge and skills related to district curriculum and 
  6.33  instruction.  Teachers are not required to use a state model 
  6.34  performance package.  Teachers are encouraged to develop and use 
  6.35  a performance package that equals or exceeds the difficulty of 
  6.36  the state model performance package and that integrates 
  7.1   teachers' own curriculum and instructional practices.  Students 
  7.2   are not required to complete state model performance packages as 
  7.3   a condition of successfully completing a content standard in any 
  7.4   learning area. 
  7.5      Sec. 5.  Minnesota Statutes 1998, section 120B.03, is 
  7.6   amended by adding a subdivision to read: 
  7.7      Subd. 2a.  [ADVANCED PLACEMENT AND INTERNATIONAL 
  7.8   BACCALAUREATE COURSES ALIGNED WITH CONTENT STANDARDS.] The 
  7.9   commissioner shall align required and elective content standards 
  7.10  under the profile of learning with advanced placement and 
  7.11  international baccalaureate curriculum.  Districts must waive 
  7.12  the content standards aligned with particular advanced placement 
  7.13  and international baccalaureate curriculum for any student who 
  7.14  satisfactorily completes an advanced placement or international 
  7.15  baccalaureate course. 
  7.16     Sec. 6.  [DISSEMINATING INFORMATION.] 
  7.17     The commissioner, in a timely fashion using readily 
  7.18  accessible formats, must disseminate information to all teachers 
  7.19  employed on the effective date of this section in Minnesota 
  7.20  school districts about the changes made in this act. 
  7.21     Sec. 7.  [EFFECTIVE DATE.] 
  7.22     (a) Sections 1 to 4 and 6 are effective the day following 
  7.23  final enactment. 
  7.24     (b) Section 5 is effective the day following final 
  7.25  enactment.  The commissioner shall align required and elective 
  7.26  content standards under the profile of learning with advanced 
  7.27  placement and international baccalaureate curriculum by June 1, 
  7.28  2000.  If the commissioner is unable to align advanced placement 
  7.29  and international baccalaureate courses with profile of learning 
  7.30  content standards by that date, students who satisfactorily 
  7.31  complete an advanced placement or international baccalaureate 
  7.32  course are exempt from the content standard, assessments, and 
  7.33  performance packages for that course of study until the 
  7.34  alignment is completed.