1.1.................... moves to amend H.F. No. 2106 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2009 Supplement, section 120B.35, subdivision 3,
1.4is amended to read:
1.5    Subd. 3. State growth target; other state measures. (a) The state's educational
1.6assessment system measuring individual students' educational growth is based on
1.7indicators of achievement growth that show an individual student's prior achievement.
1.8Indicators of achievement and prior achievement must be based on highly reliable
1.9statewide or districtwide assessments.
1.10(b) The commissioner, in consultation with a stakeholder group that includes
1.11assessment and evaluation directors and staff and researchers must implement a model
1.12that uses a value-added growth indicator and includes criteria for identifying schools
1.13and school districts that demonstrate medium and high growth under section 120B.299,
1.14subdivisions 8 and 9, and may recommend other value-added measures under section
1.15120B.299, subdivision 3 . The model may be used to advance educators' professional
1.16development and replicate programs that succeed in meeting students' diverse learning
1.17needs. Data on individual teachers generated under the model are personnel data under
1.18section 13.43. The model must allow users to:
1.19(1) report student growth consistent with this paragraph; and
1.20(2) for all student categories, report and compare aggregated and disaggregated state
1.21growth data using the nine student categories identified under the federal 2001 No Child
1.22Left Behind Act and two student gender categories of male and female, respectively,
1.23following appropriate reporting practices to protect nonpublic student data.
1.24The commissioner must report separate measures of student growth and proficiency,
1.25consistent with this paragraph.
1.26(c) When reporting student performance under section 120B.36, subdivision 1, the
1.27commissioner annually, beginning July 1, 2011, must report two core measures indicating
2.1the extent to which current high school graduates are being prepared for postsecondary
2.2academic and career opportunities:
2.3(1) a preparation measure indicating the number and percentage of high school
2.4graduates in the most recent school year who completed course work important to
2.5preparing them for postsecondary academic and career opportunities, consistent with
2.6the core academic subjects required for admission to Minnesota's public colleges and
2.7universities as determined by the Office of Higher Education under chapter 136A; and
2.8(2) a rigorous coursework measure indicating the number and percentage of high
2.9school graduates in the most recent school year who successfully completed one or more
2.10college-level advanced placement, international baccalaureate, postsecondary enrollment
2.11options including concurrent enrollment, other rigorous courses of study under section
2.12120B.021, subdivision 1a , or industry certification courses or programs.
2.13When reporting the core measures under clauses (1) and (2), the commissioner must also
2.14analyze and report separate categories of information using the nine student categories
2.15identified under the federal 2001 No Child Left Behind Act and two student gender
2.16categories of male and female, respectively, following appropriate reporting practices to
2.17protect nonpublic student data.
2.18(d) When reporting student performance under section 120B.36, subdivision 1, the
2.19commissioner annually, beginning July 1, 2014, must report summary data on school
2.20safety and students' engagement and connection at school. The summary data under this
2.21paragraph are separate from and must not be used for any purpose related to measuring
2.22or evaluating the performance of classroom teachers. The commissioner, in consultation
2.23with qualified experts on student engagement and connection and classroom teachers,
2.24must identify highly reliable variables that generate summary data under this paragraph.
2.25The summary data may be used at school, district, and state levels only. Any data on
2.26individuals received, collected, or created that are used to generate the summary data
2.27under this paragraph are nonpublic data under section 13.02, subdivision 9.
2.28(e) For purposes of statewide educational accountability, the commissioner must
2.29identify and report measures that demonstrate the relative success of school districts,
2.30charter schools, and alternative program providers in improving the graduation outcomes
2.31of students under this paragraph. When reporting student performance under section
2.32120B.36, subdivision 1, the commissioner, beginning July 1, 2013, annually must report
2.33summary data on the four and six-year graduation rates of students who are identified
2.34as at-risk of not graduating or off-track to graduate, including students who eligible to
2.35participate in a program under section 123A.05 or section 124D.68, and the academic
3.1success that school districts, charter schools, and alternative program providers experience
3.2in:
3.3(1) identifying at-risk and off-track student populations by grade;
3.4(2) providing successful prevention and intervention strategies for at-risk students;
3.5and
3.6(3) providing successful recuperative and recovery or reenrollment strategies for
3.7off-track students.
3.8For purposes of this paragraph, a student who is at-risk of not graduating is a student in
3.9eighth or ninth grade who meets one or more of the following criteria:
3.10(1) first enrolled in an English language learners program in eighth or ninth grade
3.11and may be older than other students enrolled in the same grade;
3.12(2) as an eighth grader, is absent from school for at least 20 percent of the days of
3.13instruction during the school year, is two or more years older than other students enrolled
3.14in the same grade, or fails multiple core academic courses; or
3.15(3) as a ninth grader, fails multiple ninth grade core academic courses in English
3.16language arts, math, science, or social studies.
3.17For purposes of this paragraph, a student who is off-track to graduate is a student who
3.18meets one or more of the following criteria:
3.19(1) first enrolled in an English language learners program in high school and is older
3.20than other students enrolled in the same grade;
3.21(2) is a returning dropout;
3.22(3) is 16 or 17 years old and two or more academic years off-track to graduate;
3.23(4) is 18 years or older and two or more academic years off-track to graduate; or
3.24(5) is 18 years or older and may graduate with in one school year.
3.25EFFECTIVE DATE.Subdivision 3, paragraph (e), applies to data that are collected
3.26in the 2012-2013 school year and later and reported annually beginning July 1, 2013,
3.27consistent with the recommendations the commissioner receives from recognized and
3.28qualified experts on improving differentiated graduation rates, and establishing alternative
3.29routes to a standard high school diploma for at-risk and off-track students.

3.30    Sec. 2. Minnesota Statutes 2009 Supplement, section 120B.36, subdivision 1, is
3.31amended to read:
3.32    Subdivision 1. School performance report cards. (a) The commissioner
3.33shall report student academic performance under section 120B.35, subdivision 2; the
3.34percentages of students showing low, medium, and high growth under section 120B.35,
3.35subdivision 3
, paragraph (b); school safety and student engagement and connection
4.1under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
4.2120B.35, subdivision 3 , paragraph (c); the four and six-year graduation rates of at-risk
4.3and off-track students and the academic success that school districts, charter schools,
4.4and alternative program providers experience in their efforts to improve the graduation
4.5outcomes of those students under section 120B.35, subdivision 3, paragraph (e); two
4.6separate student-to-teacher ratios that clearly indicate the definition of teacher consistent
4.7with sections 122A.06 and 122A.15 for purposes of determining these ratios; staff
4.8characteristics excluding salaries; student enrollment demographics; district mobility; and
4.9extracurricular activities. The report also must indicate a school's adequate yearly progress
4.10status, and must not set any designations applicable to high- and low-performing schools
4.11due solely to adequate yearly progress status.
4.12    (b) The commissioner shall develop, annually update, and post on the department
4.13Web site school performance report cards.
4.14    (c) The commissioner must make available performance report cards by the
4.15beginning of each school year.
4.16    (d) A school or district may appeal its adequate yearly progress status in writing to
4.17the commissioner within 30 days of receiving the notice of its status. The commissioner's
4.18decision to uphold or deny an appeal is final.
4.19    (e) School performance report card data are nonpublic data under section 13.02,
4.20subdivision 9
, until not later than ten days after the appeal procedure described in
4.21paragraph (d) concludes. The department shall annually post school performance report
4.22cards to its public Web site no later than September 1.
4.23EFFECTIVE DATE.This section is effective the day following final enactment
4.24and applies to annual reports beginning July 1, 2013.

4.25    Sec. 3. IMPLEMENTING DIFFERENTIATED GRADUATION RATE
4.26MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A STANDARD
4.27DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
4.28(a) To implement the requirements of Minnesota Statutes, section 120B.35,
4.29subdivision 3, paragraph (e), the commissioner of education must convene a group
4.30of recognized and qualified experts on improving differentiated graduation rates and
4.31establishing alternative routes to a standard high school diploma for at-risk and off-track
4.32students. The commissioner must assist the group, as requested, to explore and recommend
4.33to the commissioner and the legislature (1) research-based measures that demonstrate
4.34the academic success of and costs to school districts, charter schools, and alternative
4.35program providers in improving the graduation outcomes of at-risk and off-track students,
5.1and (2) state and local options for establishing alternative routes to a standard diploma,
5.2consistent with Minnesota's statewide accountability system under Minnesota Statutes,
5.3chapter 120B, and Minnesota Statutes, sections 123A.05, and 124D.68. When proposing
5.4alternative routes to a standard diploma, the group also must identify highly reliable
5.5variables that generate summary data to comply with Minnesota Statutes, section 120B.35,
5.6subdivision 3, paragraph (e), including: who initiates the request for an alternative route;
5.7who approves the request for an alternative route; the specific parameters of the alternative
5.8route process, including whether a student first must fail a regular, state-mandated exam;
5.9the comparability of the academic and achievement criteria reflected in the alternative
5.10route and the standard route for a standard diploma.
5.11(b) The commissioner must convene the first meeting of this group by September
5.1215, 2010. Group members must include: four teachers and administrators from, and two
5.13parents of students currently enrolled in state-approved alternative programs selected by
5.14the Minnesota Association of Alternative Programs; one representative selected by the
5.15Minnesota On-line Learning Alliance; one representative selected by the Metropolitan
5.16Federation of Alternative Schools; one representative of the Minnesota Association of
5.17Charter Schools; two faculty members selected by the dean of the College of Education at
5.18the University of Minnesota with expertise in serving and assessing at-risk and off-track
5.19students; two Minnesota State Colleges and Universities faculty member selected by
5.20the Minnesota State Colleges and Universities chancellor with expertise in serving and
5.21assessing at-risk and off-track students; one currently-serving superintendent selected by
5.22the Minnesota Association of School Administrators; one currently-serving high school
5.23principal selected by the Minnesota Association of Secondary School Principals; and
5.24two public members selected by the commissioner. The group may seek input from
5.25representatives of other interested stakeholders and organizations with expertise to help
5.26inform the group's work. The group must meet at least quarterly. Group members do
5.27not receive compensation or reimbursement of expenses for participating in this group.
5.28The group expires on February 16, 2012.
5.29(c) The group, by February 15, 2012, must develop and submit to the commissioner
5.30and the Education Policy and Finance Committees of the legislature recommendations
5.31and legislation, consistent with this section and Minnesota Statutes, section 120B.35,
5.32subdivision 3, paragraph (e), for:
5.33(1) measuring and reporting differentiated graduation rates for at-risk and off-track
5.34students and the success and costs that school districts, charter schools, and alternative
5.35program providers experience in identifying and serving at-risk or off-track student
5.36populations; and
6.1(2) establishing alternative routes to a standard diploma.
6.2EFFECTIVE DATE.This section is effective the day following final enactment
6.3and applies to school report cards beginning July 1, 2013."
6.4Delete the title and insert:
6.5"A bill for an act
6.6relating to education; establishing state accountability measures to improve
6.7graduation outcomes for students who are at-risk of not graduating and
6.8students significantly off-track to graduate;amending Minnesota Statutes 2009
6.9Supplement, sections 120B.35, subdivision 3; 120B.36, subdivision 1."