1.1                          A bill for an act 
  1.2             relating to education; repealing the profile of 
  1.3             learning as a state graduation requirement; requiring 
  1.4             new state academic standards; creating a panel to 
  1.5             recommend new academic standards and state graduation 
  1.6             requirements; amending Minnesota Statutes 2002, 
  1.7             sections 120B.02; 120B.11, subdivisions 2, 3, 5; 
  1.8             120B.30, subdivision 1; 120B.31, subdivision 1; 
  1.9             repealing Minnesota Statutes 2002, section 120B.031; 
  1.10            Minnesota Rules, parts 3501.0300; 3501.0310; 
  1.11            3501.0320; 3501.0330; 3501.0340; 3501.0350; 3501.0370; 
  1.12            3501.0390; 3501.0420; 3501.0442; 3501.0443; 3501.0445; 
  1.13            3501.0447; 3501.0448; 3501.0449; 3501.0450; 3501.0461; 
  1.14            3501.0462; 3501.0464; 3501.0466; 3501.0467; 3501.0468; 
  1.15            3501.0469. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 120B.02, is 
  1.18  amended to read: 
  1.19     120B.02 [~~RESULTS-ORIENTED GRADUATION RULE~~ STATE ACADEMIC 
  1.20  STANDARDS; BASIC SKILLS REQUIREMENTS~~; PROFILE OF LEARNING~~.] 
  1.21     (a) The legislature is committed to establishing ~~a~~ 
  1.22  ~~rigorous, results-oriented graduation rule~~ high academic 
  1.23  standards for Minnesota's public school students.  To that end, 
  1.24  the commissioner shall use its rulemaking authority under 
  1.25  section 127A.05, subdivision 4, to adopt ~~a~~ statewide~~,~~ 
  1.26  ~~results-oriented graduation rule to be implemented starting with~~ 
  1.27  ~~students beginning ninth grade in the 1996-1997 school~~ 
  1.28  ~~year~~ academic standards.  The commissioner shall not prescribe 
  1.29  in rule or otherwise the delivery system or form of instruction 
  1.30  that school sites must use to meet the requirements contained in 
  2.1   this rule.  For purposes of this chapter, a school site is a 
  2.2   separate facility, or a separate program within a facility that 
  2.3   a local school board recognizes as a school site.  
  2.4      (b) To successfully accomplish paragraph (a), the 
  2.5   commissioner shall set in rule high academic standards for all 
  2.6   students~~.  The standards must contain the foundational skills~~ in 
  2.7   the ~~three core~~ curricular areas of ~~reading, writing, and~~ 
  2.8   mathematics ~~while meeting requirements for high school~~ 
  2.9   ~~graduation.  The standards must also provide an opportunity for~~ 
  2.10  ~~students to excel by meeting higher academic standards through a~~ 
  2.11  ~~profile of learning that uses curricular requirements to allow~~ 
  2.12  ~~students to expand their knowledge and skills beyond the~~ 
  2.13  ~~foundational skills~~, language arts, science, and social studies 
  2.14  and history.  All commissioner actions regarding the ~~rule~~ 
  2.15  standards must be premised on the following:  
  2.16     (1) the ~~rule is~~ standards are intended to raise academic 
  2.17  expectations for students, teachers, and schools; 
  2.18     (2) any state action regarding the ~~rule~~ standards must 
  2.19  evidence consideration of school district autonomy; and 
  2.20     (3) the department of children, families, and learning, 
  2.21  with the assistance of school districts, must make available 
  2.22  information about all state initiatives related to the ~~rule~~ 
  2.23  standards to students and parents, teachers, and the general 
  2.24  public in a timely format that is appropriate, comprehensive, 
  2.25  and readily understandable. 
  2.26     (c) For purposes of adopting the ~~rule~~ standards, the 
  2.27  commissioner, in consultation with the department, recognized 
  2.28  psychometric experts in assessment, and other interested and 
  2.29  knowledgeable educators, using the most current version of 
  2.30  professional standards for educational testing, shall evaluate 
  2.31  the alternative approaches to assessment.  
  2.32     (d) ~~The content of the graduation rule must differentiate~~ 
  2.33  ~~between minimum competencies reflected in the basic requirements~~ 
  2.34  ~~assessment and rigorous profile of learning standards.  When~~ 
  2.35  ~~fully implemented, the requirements for high school graduation~~ 
  2.36  ~~in Minnesota must include both basic requirements and the~~ 
  3.1   ~~required profile of learning.  The profile of learning must~~ 
  3.2   ~~measure student performance using performance-based assessments~~ 
  3.3   ~~compiled over time that integrate higher academic standards,~~ 
  3.4   ~~higher order thinking skills, and application of knowledge from~~ 
  3.5   ~~a variety of content areas.  The profile of learning shall~~ 
  3.6   ~~include a broad range of academic experience and accomplishment~~ 
  3.7   ~~necessary to achieve the goal of preparing students to function~~ 
  3.8   ~~effectively as purposeful thinkers, effective communicators,~~ 
  3.9   ~~self-directed learners, productive group participants, and~~ 
  3.10  ~~responsible citizens.~~  
  3.11     ~~(e) The profile of learning contains the following learning~~ 
  3.12  ~~areas:~~ 
  3.13     ~~(1) read, listen, and view;~~ 
  3.14     ~~(2) write and speak;~~ 
  3.15     ~~(3) arts and literature;~~ 
  3.16     ~~(4) mathematical concepts and applications;~~ 
  3.17     ~~(5) inquiry and research;~~ 
  3.18     ~~(6) scientific concepts and applications;~~ 
  3.19     ~~(7) social studies;~~ 
  3.20     ~~(8) physical education and lifetime fitness;~~ 
  3.21     ~~(9) economics and business;~~ 
  3.22     ~~(10) world languages; and~~ 
  3.23     ~~(11) technical and vocational education.~~ 
  3.24     ~~(f)~~ The commissioner shall periodically review and report 
  3.25  on the assessment process and student achievement with the 
  3.26  expectation of raising the standards and expanding high school 
  3.27  graduation requirements. 
  3.28     ~~(g) Beginning August 31, 2000, the commissioner must~~ 
  3.29  ~~publish, including in electronic format for the Internet, a~~ 
  3.30  ~~report, by school site, area learning center, and charter~~ 
  3.31  ~~school, of:~~ 
  3.32     ~~(1) the required preparatory content standards;~~ 
  3.33     ~~(2) the high school content standards required for~~ 
  3.34  ~~graduation; and~~ 
  3.35     ~~(3) the number of student waivers the district, area~~ 
  3.36  ~~learning center, or charter school approves under section~~ 
  4.1   ~~120B.031, subdivisions 4, 5, and 6, based on information each~~ 
  4.2   ~~district, area learning center, and charter school provides.~~ 
  4.3      ~~(h) School districts must integrate required and elective~~ 
  4.4   ~~content standards in the scope and sequence of the district~~ 
  4.5   ~~curriculum.~~ 
  4.6      ~~(i)~~ (e) School districts are not required to adopt specific 
  4.7   provisions of the Goals 2000 and the federal School-to-Work 
  4.8   programs. 
  4.9      Sec. 2.  Minnesota Statutes 2002, section 120B.11, 
  4.10  subdivision 2, is amended to read: 
  4.11     Subd. 2.  [ADOPTING POLICIES.] (a) A school board shall 
  4.12  adopt annually a written policy that includes the following: 
  4.13     (1) district graduation requirements in addition to state 
  4.14  basic skills requirements, which may include completion of 
  4.15  content standards implemented at the district as of January 1, 
  4.16  2003; 
  4.17     (2) district goals for instruction and curriculum; 
  4.18     ~~(2)~~ (3) a process for evaluating each student's progress 
  4.19  toward meeting graduation standards and identifying the 
  4.20  strengths and weaknesses of instruction and curriculum affecting 
  4.21  students' progress; 
  4.22     ~~(3)~~ (4) a system for periodically reviewing all instruction 
  4.23  and curriculum; 
  4.24     ~~(4)~~ (5) a plan for improving instruction and curriculum; 
  4.25  and 
  4.26     ~~(5)~~ (6) an instruction plan that includes education 
  4.27  effectiveness processes developed under section 122A.625 and 
  4.28  integrates instruction, curriculum, and technology. 
  4.29     Sec. 3.  Minnesota Statutes 2002, section 120B.11, 
  4.30  subdivision 3, is amended to read: 
  4.31     Subd. 3.  [INSTRUCTION AND CURRICULUM ADVISORY COMMITTEE.] 
  4.32  Each school board shall establish an instruction and curriculum 
  4.33  advisory committee to ensure active community participation in 
  4.34  all phases of planning and improving the instruction and 
  4.35  curriculum affecting state ~~graduation~~ academic standards.  A 
  4.36  district advisory committee, to the extent possible, shall 
  5.1   reflect the diversity of the district and its learning sites, 
  5.2   and shall include teachers, parents, support staff, pupils, and 
  5.3   other community residents.  The district may establish building 
  5.4   teams as subcommittees of the district advisory committee under 
  5.5   subdivision 4.  The district advisory committee shall recommend 
  5.6   to the school board districtwide education standards, 
  5.7   assessments, ~~and~~ program evaluations, and graduation 
  5.8   requirements.  Learning sites may expand upon district 
  5.9   evaluations of instruction, curriculum, assessments, or 
  5.10  programs.  Whenever possible, parents and other community 
  5.11  residents shall comprise at least two-thirds of advisory 
  5.12  committee members. 
  5.13     Sec. 4.  Minnesota Statutes 2002, section 120B.11, 
  5.14  subdivision 5, is amended to read: 
  5.15     Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
  5.16  school board shall use standard statewide reporting procedures 
  5.17  the commissioner develops and adopt a report that includes the 
  5.18  following: 
  5.19     (1) ~~student performance goals for meeting state~~ district 
  5.20  graduation ~~standards~~ requirements adopted for that year; 
  5.21     (2) results of local assessment data, and any additional 
  5.22  test data; 
  5.23     (3) the annual school district improvement plans; 
  5.24     (4) information about district and learning site progress 
  5.25  in realizing previously adopted improvement plans; and 
  5.26     (5) the amount and type of revenue attributed to each 
  5.27  education site as defined in section 123B.04. 
  5.28     (b) The school board shall publish the report in the local 
  5.29  newspaper with the largest circulation in the district or by 
  5.30  mail.  The board shall make a copy of the report available to 
  5.31  the public for inspection.  The board shall send a copy of the 
  5.32  report to the commissioner of children, families, and learning 
  5.33  by October 15 of each year. 
  5.34     (c) The title of the report shall contain the name and 
  5.35  number of the school district and read "Annual Report on 
  5.36  Curriculum, Instruction, and Student Performance."  The report 
  6.1   must include at least the following information about advisory 
  6.2   committee membership: 
  6.3      (1) the name of each committee member and the date when 
  6.4   that member's term expires; 
  6.5      (2) the method and criteria the school board uses to select 
  6.6   committee members; and 
  6.7      (3) the date by which a community resident must apply to 
  6.8   next serve on the committee. 
  6.9      Sec. 5.  Minnesota Statutes 2002, section 120B.30, 
  6.10  subdivision 1, is amended to read: 
  6.11     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
  6.12  with advice from experts with appropriate technical 
  6.13  qualifications and experience and stakeholders, shall include in 
  6.14  the comprehensive assessment system, for each grade level to be 
  6.15  tested, a test, which shall be aligned with the 
  6.16  state's ~~graduation~~ academic standards and administered annually 
  6.17  to all students in the third, fifth, seventh, and eighth 
  6.18  grades.  The commissioner shall establish one or more months 
  6.19  during which schools shall administer the tests to students each 
  6.20  school year.  Only Minnesota basic skills tests in reading, 
  6.21  mathematics, and writing shall fulfill students' basic skills 
  6.22  testing requirements for a passing state notation.  The passing 
  6.23  scores of the state tests in reading and mathematics are the 
  6.24  equivalent of:  
  6.25     (1) 70 percent correct for students entering grade 9 in 
  6.26  1996; and 
  6.27     (2) 75 percent correct for students entering grade 9 in 
  6.28  1997 and thereafter, as based on the first uniform test 
  6.29  administration of February 1998.  
  6.30     (b) Third, fifth, and seventh grade test results shall be 
  6.31  available to districts for diagnostic purposes affecting student 
  6.32  learning and district instruction and curriculum, and for 
  6.33  establishing educational accountability.  The commissioner must 
  6.34  disseminate to the public the third, fifth, and seventh grade 
  6.35  test results upon receiving those results. 
  6.36     (c) ~~In addition, at the high school level, districts shall~~ 
  7.1   ~~assess student performance in all required learning areas and~~ 
  7.2   ~~selected required standards within each area of the profile of~~ 
  7.3   ~~learning.  The testing instruments, the testing process, and the~~ 
  7.4   ~~order of administration shall be determined by the~~ 
  7.5   ~~commissioner.  The results shall be aggregated at the site and~~ 
  7.6   ~~district level.~~  
  7.7      ~~(d)~~ The commissioner shall report school site and school 
  7.8   district student academic achievement levels of the current and 
  7.9   two immediately preceding school years.  The report shall 
  7.10  include students' unweighted mean test scores in each tested 
  7.11  subject, the unweighted mean test scores of only those students 
  7.12  enrolled in the school by October 1 of the current school year, 
  7.13  and the unweighted test scores of all students except those 
  7.14  students receiving limited English proficiency instruction.  The 
  7.15  report also shall record separately, in proximity to the 
  7.16  reported performance levels, the percentage of students of each 
  7.17  gender and the percentages of students who are eligible to 
  7.18  receive a free or reduced price school meal, demonstrate limited 
  7.19  English proficiency, are identified as migrant students, are a 
  7.20  member of a major ethnic or racial population, or are eligible 
  7.21  to receive special education services. 
  7.22     ~~(e)~~ (d) In addition to the testing and reporting 
  7.23  requirements under paragraphs (a), (b), and (c), ~~and (d),~~ the 
  7.24  commissioner shall include the following components in the 
  7.25  statewide public reporting system: 
  7.26     (1) uniform statewide testing of all third, fifth, seventh, 
  7.27  and eighth~~, and post-eighth~~ grade students that provides 
  7.28  exemptions, only with parent or guardian approval, for those 
  7.29  very few students for whom the student's individual education 
  7.30  plan team under sections 125A.05 and 125A.06, determines that 
  7.31  the student is incapable of taking a statewide test, or for a 
  7.32  limited English proficiency student under section 124D.59, 
  7.33  subdivision 2, if the student has been in the United States for 
  7.34  fewer than 12 months and for whom special language barriers 
  7.35  exist, such as the student's native language does not have a 
  7.36  written form or the district does not have access to appropriate 
  8.1   interpreter services for the student's native language; 
  8.2      (2) educational indicators that can be aggregated and 
  8.3   compared across school districts and across time on a statewide 
  8.4   basis, including average daily attendance, high school 
  8.5   graduation rates, and high school drop-out rates by age and 
  8.6   grade level; 
  8.7      (3) students' scores on the American College Test; and 
  8.8      (4) participation in the National Assessment of Educational 
  8.9   Progress so that the state can benchmark its performance against 
  8.10  the nation and other states, and, where possible, against other 
  8.11  countries, and contribute to the national effort to monitor 
  8.12  achievement. 
  8.13     (f) Districts must report exemptions under paragraph (e), 
  8.14  clause (1), to the commissioner consistent with a format 
  8.15  provided by the commissioner. 
  8.16     Sec. 6.  Minnesota Statutes 2002, section 120B.31, 
  8.17  subdivision 1, is amended to read: 
  8.18     Subdivision 1.  [EDUCATIONAL ACCOUNTABILITY AND PUBLIC 
  8.19  REPORTING.] Consistent with the process to adopt ~~a~~ 
  8.20  ~~results-oriented graduation rule~~ state academic standards under 
  8.21  section 120B.02, the department, in consultation with education 
  8.22  and other system stakeholders, must establish a coordinated and 
  8.23  comprehensive system of educational accountability and public 
  8.24  reporting that promotes higher academic achievement.  
  8.25     Sec. 7.  [PANEL TO ESTABLISH STATEWIDE ACADEMIC STANDARDS 
  8.26  AND GRADUATION REQUIREMENTS.] 
  8.27     The commissioner of children, families, and learning shall 
  8.28  establish a panel to examine and recommend statewide academic 
  8.29  standards and graduation requirements to be required for all 
  8.30  Minnesota public school students.  The panel shall recommend 
  8.31  statewide academic standards that conform to federal education 
  8.32  requirements and will be adopted by rule.  The commissioner 
  8.33  shall also recommend statewide graduation requirements that are 
  8.34  in addition to basic skill requirements in reading, writing, and 
  8.35  mathematics.  The panel shall recommend statewide academic 
  8.36  standards and higher graduation requirements in the areas of 
  9.1   language arts, mathematics, science, and social studies and 
  9.2   history.  The panel may make additional recommendations in other 
  9.3   subject areas.  At a minimum, the panel shall be composed of: 
  9.4      (1) teachers currently licensed in the state of Minnesota; 
  9.5      (2) representatives of higher education institutions in 
  9.6   Minnesota; 
  9.7      (3) experts in curriculum, assessment, and academic 
  9.8   standards; 
  9.9      (4) representatives of Minnesota school boards and charter 
  9.10  school boards; 
  9.11     (5) representatives of elementary and secondary principals; 
  9.12     (6) representatives of the Minnesota business community; 
  9.13  and 
  9.14     (7) parents of school-age children and members of the 
  9.15  public throughout the state. 
  9.16  The panel shall make its recommendations to the commissioner and 
  9.17  the legislature by January 15, 2004. 
  9.18     Sec. 8.  [RULEMAKING AUTHORITY.] 
  9.19     The commissioner of children, families, and learning may 
  9.20  amend rules to conform to federal education requirements and to 
  9.21  modify statewide academic standards in the subject areas of 
  9.22  reading, mathematics, and science in Minnesota Rules, parts 
  9.23  3501.0380; 3501.0400; 3501.0410; 3501.0440; 3501.0441; 
  9.24  3501.0444; 3501.0446; 3501.0460; 3501.0463; and 3501.0465. 
  9.25     Sec. 9.  [REPEALER.] 
  9.26     (a) Minnesota Statutes 2002, section 120B.031, is repealed 
  9.27  effective July 1, 2003. 
  9.28     (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320; 
  9.29  3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0390; 
  9.30  3501.0420; 3501.0442; 3501.0443; 3501.0445; 3501.0447; 
  9.31  3501.0448; 3501.0449; 3501.0450; 3501.0461; 3501.0462; 
  9.32  3501.0464; 3501.0466; 3501.0467; 3501.0468; and 3501.0469, are 
  9.33  repealed effective July 1, 2003.