1.1.................... moves to amend H.F. No. 3163 as follows:
1.2Page 10, after line 14, insert:

1.3    "Sec. 6. Minnesota Statutes 2009 Supplement, section 120B.35, subdivision 3, is
1.4amended 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 success of school districts, charter
2.30schools, and alternative program providers in improving the graduation outcomes of
2.31students 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 (i) the four- and six-year graduation rates of students throughout the
2.34state who are identified as at-risk of not graduating or off-track to graduate, including
2.35students who are eligible to participate in a program under section 123A.05 or section
3.1124D.68, among other students, and (ii) the success that school districts, charter schools,
3.2and alternative program providers experience in:
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;
3.5(3) providing successful recuperative and recovery or reenrollment strategies for
3.6off-track students; and
3.7(4) improving the graduation outcomes of at-risk and off-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. 7. 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 throughout the state under section 120B.35, subdivision 3,
4.4paragraph (e), and the success that school districts, charter schools, and alternative
4.5program providers experience in their efforts to improve the graduation outcomes of
4.6those students; two separate student-to-teacher ratios that clearly indicate the definition
4.7of teacher consistent with sections 122A.06 and 122A.15 for purposes of determining
4.8these ratios; staff characteristics excluding salaries; student enrollment demographics;
4.9district mobility; and extracurricular activities. The report also must indicate a school's
4.10adequate yearly progress status, and must not set any designations applicable to high- and
4.11low-performing schools due 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."
4.25Page 22, after line 18, insert:

4.26    "Sec. 16. IMPLEMENTING DIFFERENTIATED GRADUATION RATE
4.27MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A STANDARD
4.28DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
4.29(a) To implement the requirements of Minnesota Statutes, section 120B.35,
4.30subdivision 3, paragraph (e), the commissioner of education must convene a group
4.31of recognized and qualified experts on improving differentiated graduation rates and
4.32establishing alternative routes to a standard high school diploma for at-risk and off-track
4.33students throughout the state. The commissioner must assist the group, as requested,
4.34to explore and recommend to the commissioner and the legislature (i) research-based
4.35measures that demonstrate the relative success of school districts, charter schools, and
5.1alternative program providers in improving the graduation outcomes of at-risk and
5.2off-track students, and (ii) state options for establishing alternative routes to a standard
5.3diploma that take into account the demographic and geographic characteristics of students
5.4who pursue an alternative route and the rates at which these students either drop out of
5.5school or receive a standard diploma in four to six years, among other factors. When
5.6proposing alternative routes to a standard diploma, the group also must identify highly
5.7reliable variables that generate summary data to comply with Minnesota Statutes,
5.8section 120B.35, subdivision 3, paragraph (e), including: who initiates the request for
5.9an alternative route; who approves the request for an alternative route; the parameters
5.10of the alternative route process, including whether a student first must fail a regular,
5.11state-mandated exam; the comparability of the academic and achievement criteria reflected
5.12in the alternative route and the standard route for a standard diploma. The group is also
5.13encouraged to identify the data, time lines, and methods needed to evaluate and report on
5.14the alternative routes to a standard diploma once they are implemented and the students
5.15outcomes that result from those routes.
5.16(b) The commissioner must convene the first meeting of this group by September
5.1715, 2010. Group members must include: one administrator of, one teacher from,
5.18and one parent of a student currently enrolled in state-approved alternative program
5.19selected by the Minnesota Association of Alternative Programs; one representative
5.20selected by the Minnesota Online Learning Alliance; one representative selected by
5.21the Metropolitan Federation of Alternative Schools; one representative selected by the
5.22Minnesota Association of Charter Schools; one representative selected by the Minnesota
5.23School Board Association; one representative selected by Education Minnesota; one
5.24representative selected by the Association of Metropolitan School Districts; one
5.25representative selected by the Minnesota Rural Education Association; two faculty
5.26members selected by the dean of the college of education at the University of Minnesota
5.27with expertise in serving and assessing at-risk and off-track students; two Minnesota State
5.28Colleges and Universities faculty members selected by the Minnesota State Colleges
5.29and Universities chancellor with expertise in serving and assessing at-risk and off-track
5.30students; one currently-serving superintendent from a school district selected by the
5.31Minnesota Association of School Administrators; one currently-serving high school
5.32principal selected by the Minnesota Association of Secondary School Principals; and
5.33two public members selected by the commissioner. The group may seek input from
5.34representatives of other interested stakeholders and organizations with expertise to help
5.35inform the group's work. The group must meet at least monthly. Group members do
6.1not receive compensation or reimbursement of expenses for participating in this group.
6.2The group expires on February 16, 2012.
6.3(c) The group, by February 15, 2012, must develop and submit to the commissioner
6.4and the education policy and finance committees of the legislature recommendations
6.5and legislation, consistent with this section and Minnesota Statutes, section 120B.35,
6.6subdivision 3, paragraph (e), for:
6.7(1) measuring and reporting differentiated graduation rates for at-risk and off-track
6.8students throughout the state and the success and costs that school districts, charter
6.9schools, and alternative program providers experience in identifying and serving at-risk or
6.10off-track student populations; and
6.11(2) establishing alternative routes to a standard diploma.
6.12EFFECTIVE DATE.This section is effective the day following final enactment
6.13and applies to school report cards beginning July 1, 2013."
6.14Renumber the sections in sequence and correct the internal references
6.15Amend the title accordingly