1.1                          A bill for an act 
  1.2             relating to education; implementing the 
  1.3             recommendations of the standards advisory panel; 
  1.4             amending profile of learning requirements; eliminating 
  1.5             state performance packages; requiring school districts 
  1.6             to implement core learning areas; allowing districts 
  1.7             to implement other learning areas; limiting the number 
  1.8             of required content standards; comparing 11th grade 
  1.9             students' educational performance with students from 
  1.10            other states and nations; establishing an advisory 
  1.11            group to make recommendations on students who may be 
  1.12            unable to meet high school graduation requirements; 
  1.13            amending Minnesota Statutes 1998, sections 120B.02; 
  1.14            120B.03, subdivisions 1 and 2; and 120B.30, 
  1.15            subdivision 1. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1998, section 120B.02, is 
  1.18  amended to read: 
  1.19     120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS 
  1.20  REQUIREMENTS; PROFILE OF LEARNING.] 
  1.21     (a) The legislature is committed to establishing a 
  1.22  rigorous, results-oriented graduation rule for Minnesota's 
  1.23  public school students.  To that end, the state board shall use 
  1.24  its rulemaking authority under section 127A.66, subdivision 2, 
  1.25  to adopt a statewide, results-oriented graduation rule to be 
  1.26  implemented starting with students beginning ninth grade in the 
  1.27  1996-1997 school year.  The board shall not prescribe in rule or 
  1.28  otherwise the delivery system or form of instruction that local 
  1.29  sites must use to meet the requirements contained in this rule. 
  1.30     (b) To successfully accomplish paragraph (a), the state 
  2.1   board shall set in rule high academic standards for all 
  2.2   students.  The standards must contain the foundational skills in 
  2.3   the three core curricular areas of reading, writing, and 
  2.4   mathematics while meeting requirements for high school 
  2.5   graduation.  The standards must also provide an opportunity for 
  2.6   students to excel by meeting higher academic standards through a 
  2.7   profile of learning that uses curricular requirements to allow 
  2.8   students to expand their knowledge and skills beyond the 
  2.9   foundational skills.  All state board actions regarding the rule 
  2.10  must be premised on the following:  
  2.11     (1) the rule is intended to raise academic expectations for 
  2.12  students, teachers, and schools; 
  2.13     (2) any state action regarding the rule must evidence 
  2.14  consideration of school district autonomy; and 
  2.15     (3) the department of children, families, and learning, 
  2.16  with the assistance of school districts, must make available 
  2.17  information about all state initiatives related to the rule to 
  2.18  students and parents, teachers, and the general public in a 
  2.19  timely format that is appropriate, comprehensive, and readily 
  2.20  understandable. 
  2.21     (c) For purposes of adopting the rule, the state board, in 
  2.22  consultation with the department, recognized psychometric 
  2.23  experts in assessment, and other interested and knowledgeable 
  2.24  educators, using the most current version of professional 
  2.25  standards for educational testing, shall evaluate the 
  2.26  alternative approaches to assessment.  
  2.27     (d) The content of the graduation rule must differentiate 
  2.28  between minimum competencies reflected in the basic requirements 
  2.29  assessment and rigorous profile of learning standards.  When 
  2.30  fully implemented, the requirements for high school graduation 
  2.31  in Minnesota must include both basic requirements and the 
  2.32  required profile of learning.  The profile of learning must 
  2.33  measure student performance using performance-based assessments 
  2.34  compiled over time that integrate higher academic standards, 
  2.35  higher order thinking skills, and application of knowledge from 
  2.36  a variety of content areas.  At a minimum, students shall be 
  3.1   required to successfully complete one content standard in each 
  3.2   of the five core learning areas under section 120B.03, 
  3.3   subdivision 1, and, to the extent a district implements 
  3.4   additional learning areas, students shall be required to 
  3.5   successfully complete one content standard in each additional 
  3.6   learning area.  The profile of learning shall include a broad 
  3.7   range of academic experience and accomplishment necessary to 
  3.8   achieve the goal of preparing students to function effectively 
  3.9   as purposeful thinkers, effective communicators, self-directed 
  3.10  learners, productive group participants, and responsible 
  3.11  citizens.  The commissioner shall develop and disseminate to 
  3.12  school districts a uniform method for reporting student 
  3.13  performance on the profile of learning. 
  3.14     (e) The state board shall periodically review and report on 
  3.15  the assessment process and student achievement with the 
  3.16  expectation of raising the standards and expanding high school 
  3.17  graduation requirements. 
  3.18     (f) The state board shall report in writing to the 
  3.19  legislature annually by January 15 on its progress in developing 
  3.20  and implementing the graduation requirements according to the 
  3.21  requirements of this subdivision and section 120B.10 until such 
  3.22  time as all the graduation requirements are implemented. 
  3.23     Sec. 2.  Minnesota Statutes 1998, section 120B.03, 
  3.24  subdivision 1, is amended to read: 
  3.25     Subdivision 1.  [DISTRICT IMPLEMENTATION OF THE PROFILE OF 
  3.26  LEARNING.] (a) A school district shall implement the profile of 
  3.27  learning of the graduation rule under paragraph (b), (c), or (d).
  3.28     A district may implement the profile of learning under 
  3.29  paragraph (c) or (d) only after the commissioner approves the 
  3.30  district's request for a waiver and approves the local plan for 
  3.31  full implementation. 
  3.32     (b) A school district shall implement the five core 
  3.33  learning areas described in this subdivision and may implement 
  3.34  other learning areas of the profile of learning for 
  3.35  the ~~1998-1999~~ 1999-2000 school year and later.  
  3.36     (c) A school district shall implement the profile of 
  4.1   learning as follows: 
  4.2      (1) for the ~~1998-1999~~ 1999-2000 school year and later, the 
  4.3   district shall implement ~~all~~ at least one required ~~standards~~ 
  4.4   content standard in the five core learning areas at the 
  4.5   preparatory level and implement for ninth grade students a 
  4.6   minimum of ~~six~~ three core learning areas under the profile of 
  4.7   learning ~~with three~~ from the areas of read, listen, and view; 
  4.8   write and speak; mathematical applications; scientific 
  4.9   applications; and people and cultures; and ~~three from the~~ may 
  4.10  implement any of the other learning areas of literature and the 
  4.11  arts; inquiry; decision making; resource management; and world 
  4.12  language; 
  4.13     (2) for the ~~1999-2000~~ 2000-2001 school year and later, the 
  4.14  district shall implement for ninth and tenth grade students 
  4.15  two core learning areas ~~in addition to those~~ not implemented 
  4.16  under clause (1).  The district shall complete the ~~four~~ five 
  4.17  core learning areas of read, listen, and view; write and speak; 
  4.18  mathematical applications; scientific applications; and people 
  4.19  and cultures if the ~~four~~ five areas were not completed in clause 
  4.20  (1); and may implement the ~~remainder from the~~ other learning 
  4.21  areas of literature and the arts; inquiry; decision making; 
  4.22  resource management; and world language~~; and~~ 
  4.23     ~~(3) for the 2000-2001 school year and later, the district~~ 
  4.24  ~~shall implement for ninth, tenth, and eleventh grade students~~ 
  4.25  ~~the two learning areas in the profile of learning that were not~~ 
  4.26  ~~implemented under clauses (1) and (2)~~. 
  4.27     (d) A district shall develop a local plan to implement the 
  4.28  profile of learning and have all ~~ten~~ five core learning areas 
  4.29  fully implemented by the ~~2001-2002~~ 2000-2001 school year.  
  4.30     (e) A district shall notify the commissioner by July 1, 
  4.31  ~~1998~~ 1999, as to whether the district will implement the profile 
  4.32  of learning under paragraph (b), (c), or (d). 
  4.33     ~~(f) An advisory committee of 11 members is established to~~ 
  4.34  ~~advise the governor and commissioner on the implementation of~~ 
  4.35  ~~the graduation rule under this section.  The commissioner shall~~ 
  4.36  ~~appoint 11 members with representatives from education~~ 
  5.1   ~~organizations, business, higher education, parents, and~~ 
  5.2   ~~organizations representing communities of color.~~ 
  5.3      ~~The committee shall review the implementation of the basic~~ 
  5.4   ~~requirements and the profile of learning standards.~~ 
  5.5      ~~The commissioner shall provide technical and other~~ 
  5.6   ~~assistance to the advisory committee.  The committee expires on~~ 
  5.7   ~~December 1, 1998.~~ 
  5.8      Sec. 3.  Minnesota Statutes 1998, section 120B.03, 
  5.9   subdivision 2, is amended to read: 
  5.10     Subd. 2.  [PERFORMANCE PACKAGES.] Teachers are not required 
  5.11  to use a state model performance package.  Teachers are 
  5.12  encouraged to develop and use a performance package that equals 
  5.13  or exceeds the difficulty of the state model performance 
  5.14  package.  Students are not required to complete state 
  5.15  performance packages as a condition of successfully completing a 
  5.16  content standard in any core or other learning area. 
  5.17     Sec. 4.  Minnesota Statutes 1998, section 120B.30, 
  5.18  subdivision 1, is amended to read: 
  5.19     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  5.20  with advice from experts with appropriate technical 
  5.21  qualifications and experience and stakeholders, shall include in 
  5.22  the comprehensive assessment system, for each grade level to be 
  5.23  tested, a single statewide norm-referenced or 
  5.24  criterion-referenced test, or a combination of a norm-referenced 
  5.25  and a criterion-referenced test, which shall be highly 
  5.26  correlated with the state's graduation standards and 
  5.27  administered annually to all students in the third, fifth, and 
  5.28  eighth grades.  The commissioner shall establish one or more 
  5.29  months during which schools shall administer the tests to 
  5.30  students each school year.  Only Minnesota basic skills tests in 
  5.31  reading, mathematics, and writing shall fulfill students' 
  5.32  testing requirements for a passing state notation.  
  5.33     (b) In addition, ~~at the secondary level,~~ districts shall 
  5.34  assess ~~student~~ the performance of 11th grade students in all 
  5.35  ~~required~~ five core learning areas and ~~selected~~ at least one 
  5.36  required ~~standards~~ content standard within each core learning 
  6.1   area of the profile of learning.  The testing instruments and 
  6.2   testing process shall be determined by the commissioner and 
  6.3   shall permit valid and reliable comparisons with other states 
  6.4   and nations.  The results shall be aggregated at the site and 
  6.5   district level and shall include valid and reliable comparisons 
  6.6   with other states and nations.  The testing shall be 
  6.7   administered beginning in the ~~1999-2000~~ 2001-2002 school year 
  6.8   and thereafter. 
  6.9      (c) The comprehensive assessment system shall include an 
  6.10  evaluation of school site and school district performance levels 
  6.11  during the 1997-1998 school year and thereafter using an 
  6.12  established performance baseline developed from students' test 
  6.13  scores under this section that records, at a minimum, students' 
  6.14  unweighted mean test scores in each tested subject, a second 
  6.15  performance baseline that reports, at a minimum, the same 
  6.16  unweighted mean test scores of only those students enrolled in 
  6.17  the school by January 1 of the previous school year, and a third 
  6.18  performance baseline that reports the same unweighted test 
  6.19  scores of all students except those students receiving limited 
  6.20  English proficiency instruction.  The evaluation also shall 
  6.21  record separately, in proximity to the performance baselines, 
  6.22  the percentages of students who are eligible to receive a free 
  6.23  or reduced price school meal, demonstrate limited English 
  6.24  proficiency, or are eligible to receive special education 
  6.25  services. 
  6.26     (d) In addition to the testing and reporting requirements 
  6.27  under paragraphs (a), (b), and (c), the commissioner, in 
  6.28  consultation with the state board of education, shall include 
  6.29  the following components in the statewide educational 
  6.30  accountability and public reporting system: 
  6.31     (1) uniform statewide testing of all third, fifth, eighth, 
  6.32  and ~~post-eighth~~ 11th grade students with exemptions, only with 
  6.33  parent or guardian approval, from the testing requirement only 
  6.34  for those very few students for whom the student's individual 
  6.35  education plan team under sections 125A.05 and 125A.06, 
  6.36  determines that the student is incapable of taking a statewide 
  7.1   test, or a limited English proficiency student under section 
  7.2   124D.59, subdivision 2, if the student has been in the United 
  7.3   States for fewer than 12 months and for whom special language 
  7.4   barriers exist, such as the student's native language does not 
  7.5   have a written form or the district does not have access to 
  7.6   appropriate interpreter services for the student's native 
  7.7   language; 
  7.8      (2) educational indicators that can be aggregated and 
  7.9   compared across school districts and across time on a statewide 
  7.10  basis; 
  7.11     (3) students' scores on the American College Test; 
  7.12     (4) participation in the National Assessment of Educational 
  7.13  Progress so that the state can benchmark its performance against 
  7.14  the nation and other states, and, where possible, against other 
  7.15  countries, and contribute to the national effort to monitor 
  7.16  achievement; and 
  7.17     (5) basic skills and advanced competencies connecting 
  7.18  teaching and learning to high academic standards, assessment, 
  7.19  and transitions to citizenship and employment. 
  7.20     (e) Districts must report exemptions under paragraph (d), 
  7.21  clause (1), to the commissioner consistent with a format 
  7.22  provided by the commissioner. 
  7.23     Sec. 5.  [ADVISORY GROUP.] 
  7.24     (a) The commissioner of children, families, and learning 
  7.25  shall convene an advisory group to make recommendations on 
  7.26  appropriate strategies to address the educational needs of 12th 
  7.27  grade students who fail to meet the requirements of the state's 
  7.28  high school graduation rule or local graduation requirements, 
  7.29  and the educational needs of students in other grades who may 
  7.30  drop out of school because they are failing to meet state or 
  7.31  local high school graduation requirements.  The working group 
  7.32  must include one representative from each of the following 
  7.33  organizations:  the Minnesota school boards association; the 
  7.34  state board of teaching; education Minnesota; the Minnesota 
  7.35  state colleges and universities; the University of Minnesota; 
  7.36  the Minnesota business partnership; communities of color; the 
  8.1   Minneapolis school district; the St. Paul school district; the 
  8.2   association of metropolitan school districts; the Minnesota 
  8.3   rural education association; and other organizations the 
  8.4   commissioner determines are relevant.  By February 15, 2000, the 
  8.5   commissioner shall submit the recommendations of the advisory 
  8.6   group concerning appropriate strategies to address the 
  8.7   educational needs of students who fail to meet the requirements 
  8.8   of the state's high school graduation rule or local graduation 
  8.9   requirements, including recommended statutory changes, to the 
  8.10  education committees of the legislature. 
  8.11     (b) The commissioner shall provide technical and other 
  8.12  assistance to the advisory group.  The group expires on February 
  8.13  15, 2000. 
  8.14     Sec. 6.  [EFFECTIVE DATE.] 
  8.15     Sections 1 to 5 are effective the day following final 
  8.16  enactment.