Superintendent Ed Graff and Academic Decision-Makers at the Minneapolis Public Schools Are Most Likely Legally Vulnerable for Failure to Follow Minnesota State Curriculum and Instruction Policy

My investigation into the inner workings of the Minneapolis Public Schools has revealed widespread failure to implement state academic standards and to follow legally mandated policy with regard to curriculum.  I will be consulting with my pro bono attorneys to determine if this apparent violation has potential for litigation.  If this should turn out to be the case, then academic decision-makers at the Minneapolis Public Schools are not only morally culpable for failure to provide a knowledge-intensive education of excellence to the students of the Minneapolis Public Schools:  They are in all likelihood legally culpable, as well.

 

Here is the state policy concerning which Superintendent Ed Graff and the district of the Minneapolis Public Schools is in all likelihood in violation of the law;  as I proceed with my investigation, I will keep my readers apprised of the strength of that likelihood and actions that I plan to take regarding the violation:

 

Curriculum and Instruction Policy 6200

 

Original Adoption: 04/25/1967 Effective Date: 11/28/2012

Revision Dates: 09/25/1973, 12/16/1975, 08/13/1985, 5/24/2011, 11/27/2012

 

I. PURPOSE

 

The District recognizes that a curriculum with clearly established learning targets is a necessity in fulfilling the district’s mission and reaching its academic goals. Curriculum is the collective term for learning materials used in instruction. An established curriculum enables the school district to make maximum use of its financial and human resources to affect the academic success of its students. The purpose of this policy is to establish the direction for the continuous review, adoption and improvement of the school curriculum for the benefit of our students.

 

II. GENERAL STATEMENT OF POLICY

 

A. The superintendent shall be responsible for:

 

1. curriculum development;

 

2. determining the most effective way of conducting research on the school district’s curriculum needs;

 

3. establishing a long range curriculum development program, and

 

4. determining timelines that provide for periodic review of curriculum for each content area.

 

B. Curriculum, instruction and assessments for Pre-Kindergarten through graduation shall be aligned to achieve a goal of graduating students who are college and career ready. Curriculum and programs shall be:

 

1. centrally developed in alignment with State and National Standards or centrally approved within a District approved program;

 

2. delivered with fidelity by the teaching staff;

 

3. assessed with assessments aligned with the designed curriculum.

 

C. A student with special needs shall be provided the opportunity to meet all State standards.

 

1. Accommodations and modifications shall be written in the student’s Individualized Education Plan (IEP) or Section 504 Accommodation Plan.

 

2. The decision(s) regarding accommodations and modifications shall be made in accordance with District Policy by the student’s IEP or 504 advisory team, with written parent consent.

 

D. A student who receives English Language Learner (ELL) services shall be provided the opportunity to meet all State standards.

 

E. The superintendent shall keep the school board informed of all state-mandated curriculum changes, as well as recommended discretionary changes.

 

 

F. The superintendent shall periodically present recommended modifications of curriculum for school board review and approval.

 

III. RESPONSIBILITY

 

A. The Superintendent shall establish a District Curriculum Advisory Committee as a Superintendent’s Advisory to assist in the development and review of :

 

1. Local academic standards;

 

2. Student achievement goals and measures;

 

3. Assessments; and

 

4. Program evaluations.

 

B. The Superintendent is authorized to promulgate regulations for the implementation of this policy.

 

Legal References:

 

20 U.S.C. §6301 et seq. (No Child Left Behind Act)

Minn. Stat. §120B.02 (Educational Expectations for Minnesota’s Students)

Minn. Stat. §120B.11 (School District Process for Reviewing Curriculum, Instruction and Student Achievement)

Minn. Stat. §123B.02 (General Powers of Independent School Districts)

Minn. Stat. §128D. 02 (Board of Education Like Independent District’s)

Minn. Stat. §128D. 04 (District Like Independent District)

Minn. Rules Part 3500.0550 (Inclusive Educational Program)

Minn. Rules Part 3501.0010 -3501.0180 (Graduation Standards – Reading and Mathematics)

Minn. Rules Parts 3501-0200 -3501.0290 (Graduation Standards – Written Composition)

Minn. Rules Parts 3501.0505 - 3501.0635 (K-12 Standards)

Cross References:

MPS Policy 2305 (Superintendent Advisories)

MPS Policy 6000 (Mission of the Educational Program)

MPS Policy 6110 (Academic Goals)

MPS Policy 6276 (Curriculum Evaluation)