1.1.................... moves to amend H.F. No. 1630 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 120B.30, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts
1.6with appropriate technical qualifications and experience and stakeholders, consistent
1.7with subdivision 1a, shall include in the comprehensive assessment system, for each
1.8grade level to be tested, state-constructed tests developed from and computer-adaptive
1.9reading, mathematics, and science assessments that are aligned with the state's required
1.10academic standards under section 120B.021 and administered annually to all students in
1.11grades 3 through 8 and at the high school level. A state-developed high school level test
1.12in a subject other than writing, developed after the 2002-2003 school year, must include
1.13both machine-scoreable and constructed response questions. The commissioner shall
1.14establish one or more months during which schools shall administer the tests to students
1.15each school year. For students enrolled in grade 8 before the 2005-2006 school year, only
1.16Minnesota basic skills tests in reading, mathematics, and writing shall fulfill students'
1.17basic skills testing requirements for a passing state notation. The passing scores of basic
1.18skills tests in reading and mathematics are the equivalent of 75 percent correct for students
1.19entering grade 9 in 1997 and thereafter, as based on the first uniform test administration
1.20of February 1998.
1.21    (b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
1.22following options shall fulfill students' state graduation test requirements:
1.23    (1) for reading and mathematics:
1.24    (i) obtaining an achievement level equivalent to or greater than proficient as
1.25determined through a standard setting process on the Minnesota comprehensive
1.26assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
1.27score as determined through a standard setting process on the graduation-required
2.1assessment for diploma in grade 10 for reading and grade 11 for mathematics or
2.2subsequent retests;
2.3    (ii) achieving a passing score as determined through a standard setting process on the
2.4state-identified language proficiency test in reading and the mathematics test for English
2.5language learners or the graduation-required assessment for diploma equivalent of those
2.6assessments for students designated as English language learners;
2.7    (iii) achieving an individual passing score on the graduation-required assessment
2.8for diploma as determined by appropriate state guidelines for students with an individual
2.9education plan or 504 plan;
2.10    (iv) obtaining achievement level equivalent to or greater than proficient as
2.11determined through a standard setting process on the state-identified alternate assessment
2.12or assessments in grade 10 for reading and grade 11 for mathematics for students with
2.13an individual education plan; or
2.14    (v) achieving an individual passing score on the state-identified alternate assessment
2.15or assessments as determined by appropriate state guidelines for students with an
2.16individual education plan; and
2.17    (2) for writing:
2.18    (i) achieving a passing score on the graduation-required assessment for diploma;
2.19    (ii) achieving a passing score as determined through a standard setting process on
2.20the state-identified language proficiency test in writing for students designated as English
2.21language learners;
2.22    (iii) achieving an individual passing score on the graduation-required assessment
2.23for diploma as determined by appropriate state guidelines for students with an individual
2.24education plan or 504 plan; or
2.25    (iv) achieving an individual passing score on the state-identified alternate assessment
2.26or assessments as determined by appropriate state guidelines for students with an
2.27individual education plan.
2.28     (c) The 3rd through 8th grade computer-adaptive assessments and high school level
2.29test results shall be available to districts for diagnostic purposes affecting student learning
2.30and district instruction and curriculum, and for establishing educational accountability.
2.31The commissioner must disseminate to the public the computer-adaptive assessments and
2.32high school level test results upon receiving those results.
2.33     (d) State The 3rd through 8th grade computer-adaptive assessments and the high
2.34school level tests must be constructed and aligned with state academic standards. The
2.35commissioner shall determine the testing process and the order of administration shall be
3.1determined by the commissioner. The statewide results shall be aggregated at the site and
3.2district level, consistent with subdivision 1a.
3.3     (e) In addition to the testing and reporting requirements under this section, the
3.4commissioner shall include the following components in the statewide public reporting
3.5system:
3.6    (1) uniform statewide testing of all students in grades 3 through 8 and at the high
3.7school level that provides appropriate, technically sound accommodations, alternate
3.8assessments, or exemptions consistent with applicable federal law, only with parent or
3.9guardian approval, for those very few students for whom the student's individual education
3.10plan team under sections 125A.05 and 125A.06 determines that the general statewide test
3.11is inappropriate for a student, or for a limited English proficiency student under section
3.12124D.59, subdivision 2;
3.13    (2) educational indicators that can be aggregated and compared across school
3.14districts and across time on a statewide basis, including average daily attendance, high
3.15school graduation rates, and high school drop-out rates by age and grade level;
3.16    (3) state results on the American College Test; and
3.17    (4) state results from participation in the National Assessment of Educational
3.18Progress so that the state can benchmark its performance against the nation and other
3.19states, and, where possible, against other countries, and contribute to the national effort
3.20to monitor achievement.
3.21EFFECTIVE DATE.This section is effective the day following final enactment
3.22and applies to the 2010-2011 school year and later.

3.23    Sec. 2. Minnesota Statutes 2008, section 120B.30, subdivision 1a, is amended to read:
3.24    Subd. 1a. Statewide and local assessments; results. (a) For purposes of
3.25this section, "computer-adaptive assessments" means fully-adaptive assessments and
3.26partially-adaptive assessments. "Fully-adaptive assessments" include test items that are
3.27on-grade level and may be above or below a student's grade level. "Partially-adaptive
3.28assessments" include two portions of test items, where one portion is limited to on-grade
3.29level test items and a second portion may include test items that are on-grade level or above
3.30or below a student's grade level. The computer-adaptive assessments that include test
3.31items above or below a student's grade level are considered to be aligned to state academic
3.32standards if the content represented in the test items is aligned with the content represented
3.33in state academic standards for any grade level, notwithstanding the grade level of the
3.34student taking the assessment. Administering out-of-grade-level test items to a student
3.35does not violate the requirement that the assessment must be aligned with state standards.
4.1(b) The commissioner must develop implement computer-adaptive reading,
4.2mathematics, and science assessments for grades 3 through 8 and state-developed reading,
4.3mathematics, and science tests for high school aligned with state academic standards that
4.4districts and sites must use to monitor student growth toward achieving those standards.
4.5The commissioner must not develop statewide assessments for academic standards in
4.6social studies, health and physical education, and the arts. The commissioner must require:
4.7    (1) annual computer-adaptive reading and mathematics assessments in grades 3
4.8through 8, and reading and math tests at the high school level for the 2005-2006 school
4.9year and later; and
4.10    (2) annual computer-adaptive science assessments in one grade in the grades 3
4.11through 5 span, and in the grades 6 through 9 span, and a life sciences assessment test in
4.12the grades 10 through 12 span for the 2007-2008 school year and later.
4.13The commissioner must ensure, to the maximum extent feasible, that with annual
4.14computer-adaptive assessments:
4.15(1) students' test scores are immediately available after they take an assessment;
4.16(2) performance data are available within one school day of when students take
4.17an assessment;
4.18(3) achievement and summary reports are available within three school days of
4.19when students take an assessment;
4.20(4) growth information is available for each student from school year to school
4.21year using a constant measurement scale;
4.22(5) teachers and school administrators are able to use elementary and middle school
4.23student performance data to project student achievement in high school;
4.24(6) a diagnostic system is available that indicates to teachers the specific skills and
4.25concepts that students at given score levels need introduced and developed, organized by
4.26strands within subject areas and linked to state academic standards; and
4.27(7) useful diagnostic information about areas of students' academic strengths and
4.28weaknesses is available to teachers and school administrators for purposes of improving
4.29student instruction.
4.30    (b) (c) The commissioner must ensure that all statewide tests administered to
4.31elementary and secondary students measure students' academic knowledge and skills and
4.32not students' values, attitudes, and beliefs.
4.33    (c) (d) Reporting of assessment results must:
4.34    (1) provide timely, useful, and understandable information on the performance of
4.35individual students, schools, school districts, and the state;
5.1    (2) include, by no later than the 2008-2009 school year, a value-added component
5.2that is in addition to a measure for student achievement growth over time; and
5.3    (3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
5.4whether students have met the state's basic skills requirements; and
5.5    (ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
5.6whether students have met the state's academic standards.
5.7    (d) (e) Consistent with applicable federal law and subdivision 1, paragraph (d),
5.8clause (1), the commissioner must include appropriate, technically sound accommodations
5.9or alternative assessments for the very few students with disabilities for whom statewide
5.10assessments are inappropriate and for students with limited English proficiency.
5.11    (e) (f) A school, school district, and charter school must administer statewide
5.12assessments under this section, as the assessments become available, to evaluate student
5.13progress in achieving the academic standards. If a state assessment is not available, a
5.14school, school district, and charter school must determine locally if a student has met
5.15the required academic standards. A school, school district, or charter school may use a
5.16student's performance on a statewide assessment as one of multiple criteria to determine
5.17grade promotion or retention. A school, school district, or charter school may use a high
5.18school student's performance on a statewide assessment as a percentage of the student's
5.19final grade in a course, or place a student's assessment score on the student's transcript.
5.20EFFECTIVE DATE.This section is effective the day following final enactment
5.21and applies to the 2010-2011 school year and later.

5.22    Sec. 3. EFFICIENCY; COST.
5.23(a) The commissioner of education shall ensure that the assessments required under
5.24Minnesota Statutes, section 120B.30, subdivisions 1 and 1a, do not substantially duplicate
5.25the computer-adaptive assessments that school districts already give to students in grade 2
5.26through grade 10, whether or not those assessments are state or locally funded.
5.27(b) Consistent with paragraph (a), the commissioner shall eliminate duplication of
5.28testing, minimize potentially costly transition issues, and maximize cost-efficiencies
5.29by using contracting criteria that heavily weight proposals by existing vendors already
5.30providing the computer-adaptive assessments under paragraph (a). The commissioner
5.31shall:
5.32(1) heavily weight proposals by vendors able to satisfy the testing requirements
5.33under Minnesota Statutes, section 120B.30, subdivision 1a, at the lowest combined total
5.34cost to the state and local schools and districts;
6.1(2) calculate and include the costs incurred by local schools and districts in
6.2transitioning from existing computer hardware and software to the hardware and software
6.3required under Minnesota Statutes, section 120B.30, subdivision 1a;
6.4(3) heavily weight proposals by vendors that have at least ten years of experience
6.5in implementing computer-adaptive assessments and have succeeded in fielding
6.6computer-adaptive assessments serving at least one million students in grades 2 through
6.710;
6.8(4) limit the development and implementation of test items that must be hand-scored;
6.9(5) limit the development and implementation of new types of test items that require
6.10hardware and software upgrades by more than five percent of all Minnesota schools; and
6.11(6) balance the benefits of developing and implementing new types of test items
6.12against their costs.
6.13EFFECTIVE DATE.This section is effective the day following final enactment
6.14and applies to the 2010-2011 school year and later."