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Public Act 097-0086
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| HB0139 Enrolled | LRB097 05197 NHT 45246 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
2-3.64 as follows:
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(105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
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Sec. 2-3.64. State goals and assessment.
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(a) Beginning in the 1998-1999 school year, the State Board |
of Education
shall establish standards and periodically, in |
collaboration with local school
districts, conduct studies of |
student performance in the learning areas of fine
arts and |
physical development/health.
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Beginning with the 1998-1999 school
year until the |
2004-2005 school year, the State Board of
Education shall |
annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th |
grades in English language arts (reading, writing, and
English |
grammar) and mathematics; and (ii) all pupils enrolled in the |
4th and
7th grades in the biological and physical sciences and |
the social sciences
(history, geography, civics, economics, |
and government).
Unless the testing required to be implemented |
no later than the 2005-2006 school year under this subsection |
(a) is implemented for the 2004-2005 school year, for the |
2004-2005 school year, the State Board of
Education shall test: |
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(i) all pupils enrolled
in the 3rd, 5th, and 8th grades in |
English language arts (reading and
English grammar) and |
mathematics and (ii) all pupils enrolled in the 4th and
7th |
grades in the biological and physical sciences. The maximum |
time allowed for all actual testing required under this
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paragraph shall not exceed 25 hours, as allocated among the |
required
tests by the State Board of Education, across all |
grades tested.
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Beginning no later than the 2005-2006 school year, the |
State
Board of Education shall annually test: (i) all pupils |
enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in |
reading and mathematics
and (ii) all pupils
enrolled in the 4th |
and 7th grades in the biological and physical
sciences. In |
addition, the State Board of Education shall test (1) all |
pupils enrolled in the 5th and 8th grades in writing during the |
2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, |
and 8th grades in writing during the 2007-2008 school year; and |
(3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in |
writing during the 2008-2009 school year and each school year |
thereafter. After the addition of grades and change in subjects |
as delineated in this paragraph and including whatever other
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tests that may be approved from time to time no later than the
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2005-2006 school year, the maximum time allowed for all State |
testing in
grades 3 through 8 shall not exceed 38 hours across |
those grades.
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Beginning with the 2004-2005 school year, the State Board |
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of Education shall not test pupils under this subsection (a) in |
physical development and health, fine arts, and the social |
sciences (history, geography, civics, economics, and |
government). The State Board of Education shall not test pupils |
under this subsection (a) in writing during the 2005-2006 |
school year.
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The State Board of
Education shall establish the academic |
standards that are to be applicable to
pupils who are subject |
to State tests under this Section beginning with the
1998-1999 |
school year. However, the State Board of Education shall not
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establish any such standards in final form without first |
providing
opportunities for public participation and local |
input in the development
of the final academic standards. Those |
opportunities shall include a
well-publicized period of public |
comment, public hearings throughout the State,
and |
opportunities to file written comments. Beginning with the |
1998-99 school
year and thereafter, the State tests will |
identify pupils in the 3rd grade or
5th grade who do not meet |
the State standards.
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If, by performance on the State
tests or local assessments |
or by teacher judgment, a student's performance is
determined |
to be 2 or more grades below current placement, the student |
shall be
provided a remediation program developed by the |
district in consultation with a
parent or guardian. Such |
remediation programs may include, but shall not be
limited to, |
increased or concentrated instructional time, a remedial |
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summer
school program of not less than 90 hours (with an |
emphasis on reading and mathematics if the student has |
performed below grade level for 2 consecutive school years), |
improved instructional approaches,
tutorial sessions, |
retention in grade, and modifications to instructional
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materials. Each pupil for whom a remediation program is |
developed under this
subsection shall be required to enroll in |
and attend whatever program the
district determines is |
appropriate for the pupil. Districts may combine
students in |
remediation programs where appropriate and may cooperate with |
other
districts in the design and delivery of those programs. |
The parent or guardian
of a student required to attend a |
remediation program under this Section shall
be given written |
notice of that requirement by the school district a reasonable
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time prior to commencement of the remediation program that the |
student is to
attend. The State shall be responsible for |
providing school districts with the
new and additional funding, |
under Section 2-3.51.5 or by other or additional
means, that is |
required to enable the districts to operate remediation |
programs
for the pupils who are required to enroll in and |
attend those programs under
this Section. Every individualized |
educational program as described in Article
14 shall identify |
if the State test or components thereof are appropriate for
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that student. The State Board of Education shall develop rules |
and
regulations governing the administration of alternative |
tests prescribed within
each student's individualized |
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educational program which are appropriate to the
disability of |
each student.
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All pupils who are in a State approved
transitional |
bilingual education program or transitional program of |
instruction
shall participate in the State
tests. The time |
allotted to take the State tests, however, may be extended as
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determined by the State Board of Education by rule. Any student |
who has been enrolled in a
State approved bilingual education |
program less than 3 cumulative academic
years may take an |
accommodated Limited English Proficient student academic |
content assessment, as determined by the State Board of |
Education, if the student's lack of English as determined by an |
English
language
proficiency test would keep the student from |
understanding the regular
State test. If the
school district |
determines, on a case-by-case individual basis,
that a Limited |
English Proficient student academic content assessment would |
likely yield more accurate and reliable information on
what the |
student knows and can do, the school district may make a
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determination to assess the student using a Limited English |
Proficient student academic content assessment for a period |
that does
not exceed 2 additional consecutive years, provided |
that the student has
not yet reached a level of English |
language proficiency sufficient to yield
valid and reliable |
information on what the student knows and can do on
the regular |
State test.
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Reasonable accommodations as prescribed by
the State Board |
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of Education shall be provided for individual students in the
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testing procedure. All test procedures prescribed by the State |
Board of
Education shall require: (i) that each test used for |
State and local student
testing under this Section identify by |
name the pupil taking the test; (ii)
that the name of the pupil |
taking the test be placed on the test at the time
the test is |
taken; (iii) that the results or scores of each test taken |
under
this Section by a pupil of the school district be |
reported to that district and
identify by name the pupil who |
received the reported results or scores; and
(iv) that the |
results or scores of each test taken under this Section be made
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available to the parents of the pupil. In addition, in each |
school year the
scores
attained by
a student on the Prairie |
State Achievement
Examination administered under subsection |
(c) of this Section and any Prairie
State Achievement Awards |
received by the student shall become part
of the student's |
permanent record and shall be entered on the student's
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transcript pursuant to regulations that the State Board of |
Education shall
promulgate for that purpose in accordance with |
Section 3 and subsection (e) of
Section 2 of the Illinois |
School Student Records Act. Beginning with the
1998-1999 school |
year and in every school year thereafter, scores received by
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students on the State assessment tests administered in grades 3 |
through 8 shall
be placed into students' temporary records.
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The State Board of Education shall
establish a
period of |
time, to be referred to as the State test window, in each |
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school year for which State
testing shall occur to meet the |
objectives of this Section. However, if the
schools of a |
district are closed and classes are not scheduled during any |
week
that is established by the State Board of Education as the |
State test
window, the school district may
(at the discretion |
of the State Board of Education) move its State test
window one |
week earlier or one week later than the established State test
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window, so long as
the school district gives the State Board of |
Education written notice of its
intention to deviate from the |
established schedule by December 1 of the school
year in which |
falls the State test window established by the State
Board of |
Education for
the testing.
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(a-5) All tests administered pursuant to this Section shall |
be academically
based. For the purposes of this Section |
"academically based tests" shall mean
tests consisting of |
questions and answers that are measurable and quantifiable
to |
measure the knowledge, skill, and ability of students in the |
subject matters
covered by tests. The scoring of academically |
based tests shall be reliable,
valid, unbiased and shall meet |
the guidelines for test development and use
prescribed by the |
American Psychological Association, the National Council of
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Measurement and Evaluation, and the American Educational |
Research Association.
Academically based tests shall not |
include assessments or evaluations of
attitudes, values, or |
beliefs, or testing of personality, self-esteem, or
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self-concept. Nothing in this amendatory Act is intended, nor |
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shall it be
construed, to nullify, supersede, or contradict the |
legislative intent on
academic testing expressed during the |
passage of HB 1005/P.A. 90-296.
Nothing in this Section is |
intended, nor shall it be construed, to nullify,
supersede, or |
contradict the legislative intent on academic testing
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expressed in the preamble of this amendatory Act of the 93rd |
General
Assembly.
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The State Board of Education shall monitor the use of
short |
answer
questions in the math
and reading assessments or in |
other assessments in order to demonstrate that the use of short
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answer questions results in a statistically significant |
improvement in student
achievement as measured on the State |
assessments for math and reading or on
other State assessments |
and is
justifiable in terms of cost and student performance.
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(b) It shall be the policy of the State to encourage school |
districts
to continuously test pupil proficiency in the |
fundamental learning areas in
order to: (i) provide timely |
information on individual students' performance
relative to |
State standards that is adequate to guide instructional |
strategies;
(ii) improve future instruction; and (iii) |
complement the information provided
by the State testing system |
described in this Section. To assist
school districts in |
testing pupil proficiency in reading in the primary grades,
the |
State Board shall make optional reading inventories for |
diagnostic purposes
available to each school district that |
requests such assistance. Districts
that administer the |
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reading inventories may develop remediation programs for
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students who perform in the bottom half of the student |
population. Those
remediation programs may be funded by moneys |
provided under the School Safety
and Educational Improvement |
Block Grant Program established under Section
2-3.51.5.
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(c) Beginning with the 2000-2001 school year, each school |
district that
operates a high school program for students in |
grades 9 through 12 shall
annually administer the Prairie State |
Achievement Examination
established under this subsection to |
its students as set forth
below. The Prairie State Achievement |
Examination shall be developed by
the State Board of Education |
to measure student performance in the academic
areas of |
reading, writing, mathematics, science, and social sciences. |
Beginning with the 2004-2005 school year, however, the State |
Board of Education shall not test a student in the social |
sciences (history, geography, civics, economics, and |
government) as part of the Prairie State Achievement |
Examination unless the student is retaking the Prairie State |
Achievement Examination in the fall of 2004. In addition, the |
State Board of Education shall not test a student in writing as |
part of the Prairie State Achievement Examination during the |
2005-2006 school year. The
State Board of Education shall |
establish the academic standards that are to
apply in measuring |
student performance on the Prairie State Achievement
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Examination including the minimum examination score in each |
area that will
qualify a student to receive a Prairie State |
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Achievement Award from the State
in recognition of the |
student's excellent performance. Each school district
that is |
subject to the requirements of this subsection (c) shall afford |
all
students one opportunity to take the Prairie State |
Achievement Examination
beginning as late as practical during |
the spring semester of grade 11, but in
no event before March |
1. The State Board of Education shall annually notify
districts |
of the weeks during which this test administration shall be
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required to occur. Every individualized educational program as |
described in
Article 14 shall identify if the Prairie State |
Achievement Examination or
components thereof are appropriate |
for that student. Each student, exclusive of
a student whose |
individualized educational program developed under Article 14
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identifies the Prairie State Achievement Examination as |
inappropriate for the
student, shall be required to take the |
examination in grade 11. For each
academic area the State Board |
of Education shall establish the score that
qualifies for the |
Prairie State Achievement Award on that portion of the
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examination. Districts shall inform their students of the
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timelines and procedures applicable to their participation in |
every yearly
administration of the Prairie State Achievement |
Examination. Students
receiving special education services |
whose individualized educational programs
identify the Prairie |
State Achievement Examination as inappropriate for them
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nevertheless shall have the option of taking the examination, |
which shall be
administered to those students in accordance |
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with standards adopted by the
State Board of Education to |
accommodate the respective disabilities of those
students. A |
student who successfully completes all other applicable high
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school graduation requirements but fails to receive a score on |
the Prairie
State Achievement Examination that qualifies the |
student for receipt of a
Prairie State Achievement Award shall |
nevertheless qualify for the receipt
of a regular high school |
diploma. In no case, however, shall a student receive a regular |
high school diploma without taking the Prairie State |
Achievement Examination, unless the student is exempted from |
taking the Prairie State Achievement Examination under this |
subsection (c) because (i) the student's individualized |
educational program developed under Article 14 of this Code |
identifies the Prairie State Achievement Examination as |
inappropriate for the student, (ii) the student is exempt due |
to the student's lack of English language proficiency under |
subsection (a) of this Section, (iii) the student is enrolled |
in a program of Adult and Continuing Education as defined in |
the Adult Education Act, (iv) the school district is not |
required to test the individual student for purposes of |
accountability under federal No Child Left Behind Act of 2001 |
requirements, or (v) the student is otherwise identified by the |
State Board of Education through rules as being exempt from the |
assessment.
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(d) Beginning with the 2002-2003 school year, all schools |
in this
State that are part of the sample drawn by the National |
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Center for
Education Statistics, in collaboration with their |
school districts and the
State Board of Education, shall |
administer the biennial State academic
assessments of 4th and |
8th grade reading and mathematics under the
National Assessment |
of Educational Progress carried out under Section 411(b)(2)
of |
the National Education Statistics Act of 1994 (20 U.S.C.
9010) |
if the Secretary of Education pays the costs of administering |
the
assessments.
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(e) Beginning no later than the 2005-2006 school year, |
subject to
available federal funds to this State for the |
purpose of student
assessment, the State Board of Education |
shall provide additional tests
and assessment resources that |
may be used by school districts for local
diagnostic purposes. |
These tests and resources shall include without
limitation |
additional high school writing, physical development and
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health, and fine arts assessments. The State Board of Education |
shall
annually distribute a listing of these additional tests |
and resources,
using funds available from appropriations made |
for student assessment
purposes.
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(f) For the assessment and accountability purposes of this |
Section,
"all pupils" includes those pupils enrolled in a |
public or
State-operated elementary school, secondary school, |
or cooperative or
joint agreement with a governing body or |
board of control, a charter
school operating in compliance with |
the Charter Schools Law, a school
operated by a regional office |
of education under Section 13A-3 of this
Code, or a public |