| The commissioner shall establish a statewide assessment |
| program to measure and evaluate on a continuing basis the |
| academic achievements of students at grades 4, 8 and 11 in the |
| content areas of the system of learning results established in |
| section 6209 specified by the commissioner. The commissioner may |
| elect to provide for the use of alternative measures of student |
| achievement in grade 11, except that any alternative measure must |
| be submitted to the Legislature for its approval prior to being |
| used. This assessment applies to students in the public |
| elementary and secondary schools and in all private schools |
| approved for tuition whose school enrollments include at least |
| 60% publicly-funded students, as determined by the previous |
| school year's October and April average enrollment. The |
| assessment program must be adapted to meet the needs of |
| exceptional students as defined in section 7001, subsection 2 or |
| other students as defined under rules by the commissioner. |