Purpose

• The bill would give a school district or charter school board the authority to opt out of all statewide assessments for the 2025-2026 and 2026-2027 school years. This opt-out would be allowed because of the effects of federal Immigration and Customs Enforcement (ICE) activity on students, staff, and the school community. If a district or charter chooses to opt out, it must notify the Minnesota Department of Education (the commissioner of education) as soon as practicable.

Main Provisions

• Timeframe: The opt-out option applies only for the 2025-2026 and 2026-2027 school years.
• Scope of opt-out: A school district or charter school board may opt out of all statewide assessments, including:
  • statewide standardized tests,
  • alternate assessments, and
  • English language proficiency (ELP) assessments.
• Trigger: The opt-out is allowed due to the effects of ICE activity on students, staff, and the school community.
• Notification: The district or charter school must notify the commissioner of education as soon as practicable about the decision to opt out.

Significant Changes to Existing Law

• Adds a local opt-out authority: Allows individual school districts or charter schools to decide to stop administering all statewide assessments for two school years, rather than requiring participation in testing.
• Overrides conflicting laws for the specified years: The language uses a "Notwithstanding any law to the contrary" clause, clarifying that this opt-out can override other statutes for the two years.
• Shifts decision-making to local boards: Rather than a statewide standard requiring participation, decisions are made at the district or charter school board level.
• Adds an administrative step: Requires timely notification to the commissioner of education about the opt-out decision.

Rationale (context)

• The bill is designed to address safety and community concerns stemming from ICE activity by giving districts flexibility to respond to the impact on students, staff, and the school environment.

Potential Considerations

• Implications for accountability metrics and reporting during the two opt-out years (not specified in the text but typically affected by opting out of statewide testing).

Relevant Terms - statewide assessments - opt out - alternate assessments - English language proficiency assessments (ELP) - federal Immigration and Customs Enforcement activity (ICE activity) - students - staff - school community - school district - charter school - board (district/charter) - commissioner of education - notify - 2025-2026 school year - 2026-2027 school year - notwithstanding any law to the contrary