1.1.................... moves to amend H.F. No. 3421 as follows:
1.2Page 4, delete section 2 and insert:

1.3    "Sec. 2. Minnesota Statutes 2009 Supplement, section 120B.30, is amended by adding
1.4a subdivision to read:
1.5    Subd. 1b. High school assessments. (a) Notwithstanding other law to the contrary,
1.6the commissioner shall establish a system of high school assessments for students entering
1.7grade 8 in the 2010-2011 school year and later that provides information on the college and
1.8career readiness of Minnesota students and fulfills federal accountability requirements,
1.9consistent with this subdivision and related rules.
1.10(b) The commissioner shall establish and administer a high school reading and
1.11writing exam at the end of grade 10. The reading and writing exam must conform with
1.12the following:
1.13(1) align to the most recently revised academic content standards under section
1.14120B.023, subdivision 2;
1.15(2) produce independent scores for each content area;
1.16(3) include both multiple-choice and open-ended items on the reading portion of the
1.17exam to assess skills defined in the state's academic content standards;
1.18(4) be designed for computer administration and scoring;
1.19(5) allow for remediation and frequent computer retests of the reading and writing
1.20portions of the exam;
1.21(6) use achievement level descriptors in reading and writing that define a student's
1.22readiness for college or a career;
1.23(7) require all general education students, as a condition of graduating, to achieve
1.24passing scores in reading and writing established through a professionally-recognized
1.25methodology, consistent with this paragraph;
1.26(8) require general education students to participate in a locally-developed
1.27remediation plan if they do not achieve a passing score after two retest opportunities;
2.1(9) provide a state-level student appeals process that accommodates alternative
2.2measures to demonstrate students' college and career readiness and is available only to
2.3those limited number of students in the second semester of their senior year who are unable
2.4to demonstrate reading or writing proficiency on the assessment but can demonstrate
2.5equivalent levels of knowledge and skill based on the alternative measures; and
2.6(10) allow an eligible student to meet this exam requirement through an alternative
2.7method:
2.8(i) for high school students who transfer into Minnesota from another state, pass that
2.9state's high school graduation requirements in reading or writing, as applicable;
2.10(ii) allow a student who has an active individualized education program to achieve a
2.11passing status at an individual level as prescribed by the commissioner;
2.12(iii) waive the required exam for a high school student who is an English language
2.13learner under section 124D.59 and who has been enrolled for four or fewer school years in
2.14a school in which English is the primary language of instruction; or
2.15(iv) other alternative methods recommended by the assessment advisory committee
2.16that the commissioner includes in rules to implement the high school assessment system
2.17under this subdivision.
2.18All general education students must receive a passing score in both reading and
2.19writing to graduate, consistent with paragraph (e). A score below "passing" means that
2.20there is a high likelihood that the student does not have the reading and writing skills
2.21needed to succeed in postsecondary education or the work place. The commissioner
2.22must establish the passing score based on: the recommendations of both K-12 and
2.23postsecondary educators with relevant language arts expertise and employers and other
2.24community leaders who understand the knowledge and skills that individuals need for
2.25work and citizenship; and an established statistical relationship between two consecutive
2.26years of students' exam results and other indicators of college and career readiness that the
2.27commissioner develops in consultation with the assessment advisory committee under
2.28section 120B.365.
2.29(c) The commissioner shall establish statewide end-of-course exams in subjects
2.30equivalent to (i) high school algebra and (ii) biology. These exams must conform with
2.31the following:
2.32(1) align with the most recently revised academic content standards under section
2.33120B.023, subdivision 2;
2.34(2) include both multiple-choice and open-ended items that assess the appropriate
2.35algebra and biology knowledge and skills contained in the state's academic content
2.36standards;
3.1(3) be designed for computer administration and scoring;
3.2(4) be administered at regular intervals that align with high school schedules;
3.3(5) generate achievement levels established through a professionally-recognized
3.4methodology;
3.5(6) use achievement level descriptors that define a student's readiness for college or
3.6a career;
3.7(7) comprise 25 percent of the student's overall course grade in the corresponding
3.8course;
3.9(8) require a student who does not pass a high school algebra or biology course to (i)
3.10retake the course or complete a district-authorized credit recovery class, (ii) opt, at the
3.11student's election, to retake the end-of-course assessment within a regularly scheduled
3.12administration window, and (iii) have the student select the exam score on the initial test
3.13or the retest to count as the equivalent of 25 percent of the student's overall course grade;
3.14(9) allow an eligible student to meet this requirement through an alternative method
3.15that demonstrates students' college and career readiness:
3.16(i) for high school students who transfer into Minnesota from another state, pass that
3.17state's high school graduation requirements in algebra or biology, as applicable;
3.18(ii) allow a student who has an active individualized education program to achieve a
3.19passing status at an individual level as prescribed by the commissioner;
3.20(iii) waive the required exam for a high school student who is an English language
3.21learner under section 124D.59 and who has been enrolled for four or fewer years in a
3.22school in which English is the primary language of instruction; or
3.23(iv) other alternative methods recommended by the assessment advisory committee
3.24that the commissioner includes in rules to implement the high school assessment system
3.25under this subdivision;
3.26(10) use three consecutive school years of research and analysis through the
3.272014-2015 school year, as prescribed by the commissioner, to calculate and report
3.28an alignment index that compares students' final grades in these courses with their
3.29end-of-course exam scores;
3.30(11) subsequent to calculating and reporting the alignment index under clause (10),
3.31require schools that are highly misaligned for two or more consecutive school years to
3.32transmit written notice of the misalignment to all parents of students enrolled in the
3.33school, as prescribed by the commissioner;
3.34(12) when schools are highly misaligned for two or more consecutive years under
3.35clause (11), use school district funds under section 122A.60, subdivision 1a, paragraph
3.36(a), to address the misalignment; and
4.1(13) require schools and school districts designated under clause (10) as highly
4.2misaligned in the course of record to reimburse any Minnesota institution of higher
4.3education where their graduates are required to enroll in a remedial or developmental
4.4course before enrolling in a credit-bearing algebra or biology course, provided the student
4.5enrolls in the institution within 12 months of graduating.
4.6(d) The requirements of this subdivision apply to students in public schools,
4.7including charter schools, who enter grade 8 in the 2010-2011 school year or later. The
4.8commissioner may establish a transition period where students who enter grade 8 in the
4.92010-2011 or 2011-2012 school year graduate either under the Graduation-Required
4.10Assessment for Diploma requirements under section 120B.30, subdivision 1, or through a
4.11staggered implementation of this subdivision. During the transition period, the proficiency
4.12of any federal or state-required interim passing score in reading or writing must be
4.13comparable in rigor to the passing scores currently required for reading and writing under
4.14the Graduation-Required Assessment for Diploma. The commissioner may seek authority
4.15from the legislature to adjust the time line under this paragraph if circumstances such as
4.16changes in federal law governing educational accountability and assessment warrant
4.17such an adjustment.
4.18(e) To fully implement this subdivision and enable school districts to provide
4.19intervention and support to struggling students and improve instruction for all students,
4.20the commissioner must provide districts with:
4.21(i) at least two benchmark assessments that are aligned with the high school reading
4.22and writing assessment and algebra and biology end-of-course exams; and
4.23(ii) an item bank available to teachers for creating formative assessments to help
4.24students prepare for the high school reading and writing assessment and algebra and
4.25biology end-of-course exams. The benchmark assessments must be available to districts
4.26for at least two full school years before students are required to achieve a passing score on
4.27the reading and writing exam to graduate from high school.
4.28(f) The commissioner shall expand the membership and purpose of the Assessment
4.29Advisory Committee established under section 120B.365 to include assessment experts
4.30and practitioners from both secondary and postsecondary systems, and other appropriate
4.31stakeholders to monitor the implementation of and student outcomes based on the
4.32end-of-course exams and policies and the state support available to districts, including
4.33small or rural districts, under this subdivision. This committee shall report annually by
4.34February 15 to the commissioner and the legislature on the implementation of and student
4.35outcomes based on the exams and policies under this subdivision.
5.1(g) Using a solicitation process that includes a "request for proposal" process and
5.2multiple responses, the commissioner shall contract for at least two independent studies
5.3at two-year intervals to evaluate (1) the implementation of the requirements, and (2) the
5.4availability and efficacy of resources to support and improve student outcomes based on
5.5student achievement data under this subdivision. The commissioner must submit the
5.6results of the first study to the education policy and finance committees of the legislature
5.7by the February 15, 2015. The commissioner must submit the results of the second study
5.8to the legislature by February 15, 2017.
5.9(h) The commissioner must not begin to develop additional statewide end-of-course
5.10exams in geometry, chemistry, or physics until specifically authorized in law to do so.
5.11EFFECTIVE DATE.This section is effective the day following final enactment.

5.12    Sec. 3. ASSESSMENT ADVISORY COMMITTEE RECOMMENDATIONS;
5.13ALTERNATIVES TO READING AND WRITING EXAMS AND ADVANCED
5.14HIGH SCHOOL ALGEBRA AND BIOLOGY REQUIREMENTS; UNIVERSALLY
5.15DESIGNED ASSESSMENTS.
5.16(a) The Assessment Advisory Committee under Minnesota Statutes, section
5.17120B.365, must develop recommendations for alternative methods by which students meet
5.18the reading and writing exam requirement under Minnesota Statutes, section 120B.30,
5.19subdivision 1b, paragraph (b), clause (10). The Assessment Advisory Committee, among
5.20other alternative methods and if consistent with federal educational accountability law,
5.21must consider allowing students to:
5.22(1) achieve a college-credit score on a College-Level Examination Program (CLEP)
5.23for reading and writing; or
5.24(2) achieve a college readiness score in the relevant subject area on the American
5.25College Test (ACT) or Scholastic Aptitude Test (SAT) exam.
5.26(b) The Assessment Advisory Committee must develop recommendations for
5.27alternative methods by which students satisfy the advanced high school algebra and
5.28biology requirements under Minnesota Statutes, section 120B.30, subdivision 1b,
5.29paragraph (c), clause (9), and demonstrate their college and career readiness. The
5.30Assessment Advisory Committee, among other alternative methods and if consistent with
5.31federal educational accountability law, must consider allowing students to:
5.32(1) achieve the mathematics or science college readiness score on the American
5.33College Test (ACT) or Scholastic Aptitude Test (SAT) exam;
5.34(2) achieve a college-credit score on a College-Level Examination Program (CLEP)
5.35for algebra or biology;
6.1(3) achieve a score on an equivalent Advanced Placement or International
6.2Baccalaureate exam that would earn credit at a four-year college or university; or
6.3(4) pass a credit-bearing course in college algebra or college biology or a more
6.4advanced course in either subject with a grade of 'C' or better under Minnesota Statutes,
6.5section 124D.09, including Minnesota Statutes, section 124D.09, subdivision 10.
6.6(c) The Assessment Advisory Committee, in the context of the high school
6.7assessments under Minnesota Statutes, section 120B.30, subdivision 1b, must develop
6.8recommendations on integrating universal design principles to improve access to learning
6.9and assessments for all students, more accurately understand what students know and can
6.10do, provide Minnesota with more cost-effective assessments, and provide educators with
6.11more valid inferences about students' achievement levels.
6.12(d) The Assessment Advisory Committee by February 15, 2011, must submit its
6.13recommendations under this section to the education commissioner and the education
6.14policy and finance committees of the legislature.
6.15(e) The commissioner may use the submitted recommendations of the assessment
6.16advisory committee to adopt rules under Minnesota Statutes, chapter 14, to allow
6.17additional alternative methods for meeting the high school reading and writing exam
6.18requirement or the advanced high school algebra or biology end-of-course requirement or
6.19to incorporate universal design principles into these requirements to enhance the validity of
6.20student achievement measures and improve students' access to learning and assessments.
6.21EFFECTIVE DATE.This section is effective the day following final enactment.

6.22    Sec. 4. RULEMAKING; COMMISSIONER OF EDUCATION.
6.23(a) The commissioner of education must adopt rules under Minnesota Statutes,
6.24chapter 14, required to implement the high school assessment system under Minnesota
6.25Statutes, section 120B.20, subdivision 1b. Among other considerations related to adopting
6.26these rules, the commissioner must describe:
6.27(1) the assessment purposes underlying open-ended test questions, the format for
6.28the open-ended test questions and the writing test, and how computer scoring allows the
6.29assessment purposes to be realized;
6.30(2) the definitions of college and career readiness;
6.31(3) the administrative structure, criteria, and processes for implementing the
6.32state-level student appeals process;
6.33(4) the definition of "25 percent" in the context of a student's grade, including the
6.34effect of extra credit and the opportunity to retake a course and improve the course grade,
6.35among other considerations;
7.1(5) how the alignment index is calculated, including how questions about validity
7.2and reliability are resolved;
7.3(6) the definitions of "misaligned" and "highly misaligned" and when and under
7.4what specific circumstances misalignments occur.
7.5(b) The commissioner by February 15, 2011, must submit to the education policy
7.6and finance committees of the legislature the proposed rules under this section."
7.7Renumber the sections in sequence and correct the internal references
7.8Amend the title accordingly