April 23, 2009: Legislative Report #57

Federation of State Education and Unconstitutional Vote

I will make this report short and to the point on House File #02. Two issues to report under this heading: 

ISSUE ONE
Our legislative leadership is shafting local educational control. The text below is from House File 02, and subrogates to the federal government national achievement standards provided below. The federal government has no constitutional authority to make such demands on Minnesota. Our elected leadership is required under the federal and state constitutions to resist the federal control. 

Subd. 2. Federal expectations for student academic achievement. (a) Each school 42.22 year, a school district must determine if the student achievement levels at each school site 42.23 meet state and local federal expectations. If student achievement levels at a school site do 42.24 not meet state and local federal expectations and the site has not made adequate yearly 42.25 progress for two consecutive school years, beginning with the 2001-2002 school year

42.26 The district must work with the school site to adopt a plan to raise student achievement 42.27 levels to meet state and local federal expectations. The commissioner of education shall 42.28 establish student academic achievement levels to comply with this paragraph.

42.29(b) School sites identified as not meeting federal expectations must develop 42.30continuous improvement plans in order to meet state and local federal expectations for 42.31 student academic achievement. The department, at a district's request, must assist the 42.32 district and the school site in developing a plan to improve student achievement. The plan 42.33 must include parental involvement components.

42.34(c) The commissioner must:

42.35(1) Provide assistance to assist school sites and districts identified as not meeting 42.36 federal expectations; and

43.1(2) Provide technical assistance to schools that integrate student progress 43.2achievement measures under subdivision 3 in into the school continuous improvement 43.3plan.

43.4(d) The commissioner shall establish and maintain a continuous improvement Web 43.5site designed to make data on every school and district available to parents, teachers, 43.6administrators, community members, and the general public.

43.7 Subd. 3. Student progress assessment State growth target; other state measures.

43.8(a) The state's educational assessment system component measuring individual students'

43.9 Educational progress must be growth is based, to the extent annual tests are administered, 43.10on indicators of achievement growth that show an individual student's prior achievement.

43.11 Indicators of achievement and prior achievement must be based on highly reliable 43.12statewide or district wide assessments...

ISSUE TWO
Our elected leadership is required under the Minnesota Constitution to vote on one subject bill at a time. H.F. 02 is now a behemoth legal nightmare of multiple bills unrelated to *the “ONE SUBJECT” requirement of our state constitution. H.F. 2 should be voted down 134 to 0 just on constitutional grounds alone. How will our leadership vote, even of more concern how will Carolyn Laine vote on H.F. 2, for the rule of law and principle or convenience? 

Overview content of HF #02

H.F. No. 2, 2nd Engrossment - 86th Legislative Session (2009-2010) Posted on Apr 20, 2009 

1.1 A bill for an act

1.2 Relating to education; providing for policy and funding for family, adult, and 1.3 pre-kindergarten through grade 12 education including general education, 1.4 education excellence, special programs, facilities and technology, libraries, 1.5 nutrition, accounting, self-sufficiency and lifelong learning, state agencies, 1.6 pupil transportation, school finance system changes, forecast adjustments, 1.7 and technical corrections; providing for advisory groups; requiring reports; 1.8 appropriating money; amending Minnesota Statutes 2008, sections 6.74; 16A.06,   

*The Minnesota Constitution clearly states:
Article 4, Sec. 17, LAWS TO EMBRACE ONLY ONE SUBJECT. No law shall embrace more than one subject, which shall be expressed in its title.