127A.095 IMPLEMENTATION OF NO CHILD LEFT BEHIND ACT.
    Subdivision 1. Continued implementation. The Department of Education shall continue to
implement the federal No Child Left Behind Act, Public Law 107-110, without interruption.
    Subd. 2. No Child Left Behind review. (a) The legislature intends to require the Department
of Education to conduct a comprehensive review of the consolidated state plan the state submitted
to the federal Department of Education to implement the No Child Left Behind Act. The
Minnesota Department of Education shall seek waivers under paragraph (b). If the Department
of Education is unable to obtain waivers under paragraph (b), it should recommend in its report
under paragraph (b) whether the state should opt out of the No Child Left Behind Act.
    (b) The commissioner, by January 15, 2008, shall report to the house of representatives and
senate committees having jurisdiction over kindergarten through grade 12 education policy and
finance whether the department has received approval from the federal Department of Education
to:
    (1) participate in the growth model pilot program;
    (2) exclude from sanctions schools that have not made adequate yearly progress due solely to
a subgroup of students with disabilities not testing at a proficient level;
    (3) identify a school as not making adequate yearly progress only after the school has missed
the adequate yearly progress targets in the same subgroup for two consecutive years;
    (4) determine when to hold schools accountable for including a student with limited English
proficiency in adequate yearly progress calculations;
    (5) allow a district not making adequate yearly progress to offer supplemental educational
services as an option before offering school choice;
    (6) allow a district not making adequate yearly progress to also be the supplemental
educational services provider;
    (7) allow the state to maintain a subgroup size to 40 for the purposes of calculating adequate
yearly progress for subgroups of students with limited English proficiency and subgroups of
students with disabilities; and
    (8) create flexibility to enable the state to define and identify highly qualified teachers.
    Subd. 3. Department of Finance certification. If the federal Department of Education does
not transmit to the commissioner of education its approval of the conditions in subdivision 2,
paragraph (b), the commissioner of finance shall certify and report to the legislature annually
beginning January 1, 2008, the amount of federal revenue, if any, that the federal government may
withhold as a result of a potential state decision to discontinue implementation of the No Child
Left Behind Act. The report shall also specify the intended purpose of the federal revenue and the
amount of revenue that the federal government may withhold from the state, each school district,
and each charter school in each fiscal year.
History: 1Sp2005 c 5 art 2 s 72; 2007 c 146 art 2 s 32