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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 2-3.64 as follows:
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6 | (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
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7 | Sec. 2-3.64. State goals and assessment.
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8 | (a) Beginning in the 1998-1999 school year, the State Board | ||||||
9 | of Education
shall establish standards and periodically, in | ||||||
10 | collaboration with local school
districts, conduct studies of | ||||||
11 | student performance in the learning areas of fine
arts and | ||||||
12 | physical development/health.
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13 | Beginning with the 1998-1999 school
year until the | ||||||
14 | 2004-2005 school year, the State Board of
Education shall | ||||||
15 | annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th | ||||||
16 | grades in English language arts (reading, writing, and
English | ||||||
17 | grammar) and mathematics; and (ii) all pupils enrolled in the | ||||||
18 | 4th and
7th grades in the biological and physical sciences and | ||||||
19 | the social sciences
(history, geography, civics, economics, | ||||||
20 | and government).
Unless the testing required to be implemented | ||||||
21 | no later than the 2005-2006 school year under this subsection | ||||||
22 | (a) is implemented for the 2004-2005 school year, for the | ||||||
23 | 2004-2005 school year, the State Board of
Education shall test: | ||||||
24 | (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in | ||||||
25 | English language arts (reading and
English grammar) and | ||||||
26 | mathematics and (ii) all pupils enrolled in the 4th and
7th | ||||||
27 | grades in the biological and physical sciences. The maximum | ||||||
28 | time allowed for all actual testing required under this
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29 | paragraph shall not exceed 25 hours, as allocated among the | ||||||
30 | required
tests by the State Board of Education, across all | ||||||
31 | grades tested.
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32 | Beginning no later than the 2005-2006 school year, the |
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1 | State
Board of Education shall annually test: (i) all pupils | ||||||
2 | enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in | ||||||
3 | reading and mathematics
and (ii) all pupils
enrolled in the 4th | ||||||
4 | and 7th grades in the biological and physical
sciences. | ||||||
5 | Beginning with the 2006-2007 school year, the State Board of | ||||||
6 | Education shall also annually test all pupils enrolled in the | ||||||
7 | 3rd, 5th, 6th, and 8th grades in writing. After the addition of | ||||||
8 | grades and change in subjects as delineated in this paragraph | ||||||
9 | and including whatever other
tests that may be approved from | ||||||
10 | time to time no later than the
2005-2006 school year, the | ||||||
11 | maximum time allowed for all State testing in
grades 3 through | ||||||
12 | 8 shall not exceed 38 hours across those grades.
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13 | Beginning with the 2004-2005 school year, the State Board | ||||||
14 | of Education shall not test pupils under this subsection (a) in | ||||||
15 | writing, physical development and health, fine arts, and the | ||||||
16 | social sciences (history, geography, civics, economics, and | ||||||
17 | government). The State Board of Education shall not test pupils | ||||||
18 | under this subsection (a) in writing during the 2005-2006 | ||||||
19 | school year.
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20 | The State Board of
Education shall establish the academic | ||||||
21 | standards that are to be applicable to
pupils who are subject | ||||||
22 | to State tests under this Section beginning with the
1998-1999 | ||||||
23 | school year. However, the State Board of Education shall not
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24 | establish any such standards in final form without first | ||||||
25 | providing
opportunities for public participation and local | ||||||
26 | input in the development
of the final academic standards. Those | ||||||
27 | opportunities shall include a
well-publicized period of public | ||||||
28 | comment, public hearings throughout the State,
and | ||||||
29 | opportunities to file written comments. Beginning with the | ||||||
30 | 1998-99 school
year and thereafter, the State tests will | ||||||
31 | identify pupils in the 3rd grade or
5th grade who do not meet | ||||||
32 | the State standards.
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33 | If, by performance on the State
tests or local assessments | ||||||
34 | or by teacher judgment, a student's performance is
determined | ||||||
35 | to be 2 or more grades below current placement, the student | ||||||
36 | shall be
provided a remediation program developed by the |
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1 | district in consultation with a
parent or guardian. Such | ||||||
2 | remediation programs may include, but shall not be
limited to, | ||||||
3 | increased or concentrated instructional time, a remedial | ||||||
4 | summer
school program of not less than 90 hours, improved | ||||||
5 | instructional approaches,
tutorial sessions, retention in | ||||||
6 | grade, and modifications to instructional
materials. Each | ||||||
7 | pupil for whom a remediation program is developed under this
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8 | subsection shall be required to enroll in and attend whatever | ||||||
9 | program the
district determines is appropriate for the pupil. | ||||||
10 | Districts may combine
students in remediation programs where | ||||||
11 | appropriate and may cooperate with other
districts in the | ||||||
12 | design and delivery of those programs. The parent or guardian
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13 | of a student required to attend a remediation program under | ||||||
14 | this Section shall
be given written notice of that requirement | ||||||
15 | by the school district a reasonable
time prior to commencement | ||||||
16 | of the remediation program that the student is to
attend. The | ||||||
17 | State shall be responsible for providing school districts with | ||||||
18 | the
new and additional funding, under Section 2-3.51.5 or by | ||||||
19 | other or additional
means, that is required to enable the | ||||||
20 | districts to operate remediation programs
for the pupils who | ||||||
21 | are required to enroll in and attend those programs under
this | ||||||
22 | Section. Every individualized educational program as described | ||||||
23 | in Article
14 shall identify if the State test or components | ||||||
24 | thereof are appropriate for
that student. The State Board of | ||||||
25 | Education shall develop rules and
regulations governing the | ||||||
26 | administration of alternative tests prescribed within
each | ||||||
27 | student's individualized educational program which are | ||||||
28 | appropriate to the
disability of each student.
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29 | All pupils who are in a State approved
transitional | ||||||
30 | bilingual education program or transitional program of | ||||||
31 | instruction
shall participate in the State
tests. Any student | ||||||
32 | who has been enrolled in a
State approved bilingual education | ||||||
33 | program less than 3 cumulative academic
years may take an | ||||||
34 | accommodated State test, to be known as the Illinois
Measure of | ||||||
35 | Annual Growth in English
(IMAGE), if the student's lack of | ||||||
36 | English as determined by an English
language
proficiency test |
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1 | would keep the student from understanding the regular
State | ||||||
2 | test. If the
school district determines, on a case-by-case | ||||||
3 | individual basis,
that IMAGE would likely yield more accurate | ||||||
4 | and reliable information on
what the student knows and can do, | ||||||
5 | the school district may make a
determination to assess the | ||||||
6 | student using IMAGE for a period that does
not exceed 2 | ||||||
7 | additional consecutive years, provided that the student has
not | ||||||
8 | yet reached a level of English language proficiency sufficient | ||||||
9 | to yield
valid and reliable information on what the student | ||||||
10 | knows and can do on
the regular State test.
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11 | Reasonable accommodations as prescribed by
the State Board | ||||||
12 | of Education shall be provided for individual students in the
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13 | testing procedure. All test procedures prescribed by the State | ||||||
14 | Board of
Education shall require: (i) that each test used for | ||||||
15 | State and local student
testing under this Section identify by | ||||||
16 | name the pupil taking the test; (ii)
that the name of the pupil | ||||||
17 | taking the test be placed on the test at the time
the test is | ||||||
18 | taken; (iii) that the results or scores of each test taken | ||||||
19 | under
this Section by a pupil of the school district be | ||||||
20 | reported to that district and
identify by name the pupil who | ||||||
21 | received the reported results or scores; and
(iv) that the | ||||||
22 | results or scores of each test taken under this Section be made
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23 | available to the parents of the pupil. In addition, in each | ||||||
24 | school year the highest
scores
attained by
a student on the | ||||||
25 | Prairie State Achievement
Examination administered under | ||||||
26 | subsection (c) of this Section and any Prairie
State | ||||||
27 | Achievement Awards received by the student shall become part
of | ||||||
28 | the student's permanent record and shall be entered on the | ||||||
29 | student's
transcript pursuant to regulations that the State | ||||||
30 | Board of Education shall
promulgate for that purpose in | ||||||
31 | accordance with Section 3 and subsection (e) of
Section 2 of | ||||||
32 | the Illinois School Student Records Act. Beginning with the
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33 | 1998-1999 school year and in every school year thereafter, | ||||||
34 | scores received by
students on the State assessment tests | ||||||
35 | administered in grades 3 through 8 shall
be placed into | ||||||
36 | students' temporary records.
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1 | The State Board of Education shall
establish a
period of | ||||||
2 | time, to be referred to as the State test window, in each | ||||||
3 | school year for which State
testing shall occur to meet the | ||||||
4 | objectives of this Section. However, if the
schools of a | ||||||
5 | district are closed and classes are not scheduled during any | ||||||
6 | week
that is established by the State Board of Education as the | ||||||
7 | State test
window, the school district may
(at the discretion | ||||||
8 | of the State Board of Education) move its State test
window one | ||||||
9 | week earlier or one week later than the established State test
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10 | window, so long as
the school district gives the State Board of | ||||||
11 | Education written notice of its
intention to deviate from the | ||||||
12 | established schedule by December 1 of the school
year in which | ||||||
13 | falls the State test window established by the State
Board of | ||||||
14 | Education for
the testing.
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15 | (a-5) All tests administered pursuant to this Section shall | ||||||
16 | be academically
based. For the purposes of this Section | ||||||
17 | "academically based tests" shall mean
tests consisting of | ||||||
18 | questions and answers that are measurable and quantifiable
to | ||||||
19 | measure the knowledge, skill, and ability of students in the | ||||||
20 | subject matters
covered by tests. The scoring of academically | ||||||
21 | based tests shall be reliable,
valid, unbiased and shall meet | ||||||
22 | the guidelines for test development and use
prescribed by the | ||||||
23 | American Psychological Association, the National Council of
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24 | Measurement and Evaluation, and the American Educational | ||||||
25 | Research Association.
Academically based tests shall not | ||||||
26 | include assessments or evaluations of
attitudes, values, or | ||||||
27 | beliefs, or testing of personality, self-esteem, or
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28 | self-concept. Nothing in this amendatory Act is intended, nor | ||||||
29 | shall it be
construed, to nullify, supersede, or contradict the | ||||||
30 | legislative intent on
academic testing expressed during the | ||||||
31 | passage of HB 1005/P.A. 90-296.
Nothing in this Section is | ||||||
32 | intended, nor shall it be construed, to nullify,
supersede, or | ||||||
33 | contradict the legislative intent on academic testing
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34 | expressed in the preamble of this amendatory Act of the 93rd | ||||||
35 | General
Assembly.
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36 | The State Board of Education shall monitor the use of
short |
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1 | answer
questions in the math
and reading assessments or in | ||||||
2 | other assessments in order to demonstrate that the use of short
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3 | answer questions results in a statistically significant | ||||||
4 | improvement in student
achievement as measured on the State | ||||||
5 | assessments for math and reading or on
other State assessments | ||||||
6 | and is
justifiable in terms of cost and student performance.
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7 | (b) It shall be the policy of the State to encourage school | ||||||
8 | districts
to continuously test pupil proficiency in the | ||||||
9 | fundamental learning areas in
order to: (i) provide timely | ||||||
10 | information on individual students' performance
relative to | ||||||
11 | State standards that is adequate to guide instructional | ||||||
12 | strategies;
(ii) improve future instruction; and (iii) | ||||||
13 | complement the information provided
by the State testing system | ||||||
14 | described in this Section. Each district's school
improvement | ||||||
15 | plan must address specific activities the district intends to
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16 | implement to assist pupils who by teacher judgment and test | ||||||
17 | results as
prescribed in subsection (a) of this Section | ||||||
18 | demonstrate that they are not
meeting State standards or local | ||||||
19 | objectives. Such activities may include, but
shall not be | ||||||
20 | limited to, summer school, extended school day, special | ||||||
21 | homework,
tutorial sessions, modified instructional materials, | ||||||
22 | other modifications in the
instructional program, reduced | ||||||
23 | class size or retention in grade. To assist
school districts in | ||||||
24 | testing pupil proficiency in reading in the primary grades,
the | ||||||
25 | State Board shall make optional reading inventories for | ||||||
26 | diagnostic purposes
available to each school district that | ||||||
27 | requests such assistance. Districts
that administer the | ||||||
28 | reading inventories may develop remediation programs for
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29 | students who perform in the bottom half of the student | ||||||
30 | population. Those
remediation programs may be funded by moneys | ||||||
31 | provided under the School Safety
and Educational Improvement | ||||||
32 | Block Grant Program established under Section
2-3.51.5. | ||||||
33 | Nothing in this Section shall prevent school districts from
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34 | implementing testing and remediation policies for grades not | ||||||
35 | required under
this Section.
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36 | (c) Beginning with the 2000-2001 school year, each school |
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1 | district that
operates a high school program for students in | ||||||
2 | grades 9 through 12 shall
annually administer the Prairie State | ||||||
3 | Achievement Examination
established under this subsection to | ||||||
4 | its students as set forth
below. The Prairie State Achievement | ||||||
5 | Examination shall be developed by
the State Board of Education | ||||||
6 | to measure student performance in the academic
areas of | ||||||
7 | reading, writing, mathematics, science, and social sciences. | ||||||
8 | Beginning with the 2004-2005 school year, however, the State | ||||||
9 | Board of Education shall not test a student in writing and the | ||||||
10 | social sciences (history, geography, civics, economics, and | ||||||
11 | government) as part of the Prairie State Achievement | ||||||
12 | Examination unless the student is retaking the Prairie State | ||||||
13 | Achievement Examination in the fall of 2004. In addition, the | ||||||
14 | State Board of Education shall not test a student in writing as | ||||||
15 | part of the Prairie State Achievement Examination during the | ||||||
16 | 2005-2006 school year. The
State Board of Education shall | ||||||
17 | establish the academic standards that are to
apply in measuring | ||||||
18 | student performance on the Prairie State Achievement
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19 | Examination including the minimum examination score in each | ||||||
20 | area that will
qualify a student to receive a Prairie State | ||||||
21 | Achievement Award from the State
in recognition of the | ||||||
22 | student's excellent performance. Each school district
that is | ||||||
23 | subject to the requirements of this subsection (c) shall afford | ||||||
24 | all
students 2 opportunities to take the Prairie State | ||||||
25 | Achievement Examination
beginning as late as practical during | ||||||
26 | the second semester of grade 11, but in
no event before March | ||||||
27 | 1. The State Board of Education shall annually notify
districts | ||||||
28 | of the weeks during which these test administrations shall be
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29 | required to occur. Every individualized educational program as | ||||||
30 | described in
Article 14 shall identify if the Prairie State | ||||||
31 | Achievement Examination or
components thereof are appropriate | ||||||
32 | for that student. Each student, exclusive of
a student whose | ||||||
33 | individualized educational program developed under Article 14
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34 | identifies the Prairie State Achievement Examination as | ||||||
35 | inappropriate for the
student, shall be required to take the | ||||||
36 | examination in grade 11. For each
academic area the State Board |
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1 | of Education shall establish the score that
qualifies for the | ||||||
2 | Prairie State Achievement Award on that portion of the
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3 | examination. Any student who fails to earn a qualifying score | ||||||
4 | for a Prairie
State Achievement Award in any one or more of the | ||||||
5 | academic areas on the initial
test administration or who wishes | ||||||
6 | to improve his or her score on any portion of
the examination | ||||||
7 | shall be permitted to retake such portion or portions of the
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8 | examination during grade 12. Districts shall inform their | ||||||
9 | students of the
timelines and procedures applicable to their | ||||||
10 | participation in every yearly
administration of the Prairie | ||||||
11 | State Achievement Examination. Students
receiving special | ||||||
12 | education services whose individualized educational programs
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13 | identify the Prairie State Achievement Examination as | ||||||
14 | inappropriate for them
nevertheless shall have the option of | ||||||
15 | taking the examination, which shall be
administered to those | ||||||
16 | students in accordance with standards adopted by the
State | ||||||
17 | Board of Education to accommodate the respective disabilities | ||||||
18 | of those
students. A student who successfully completes all | ||||||
19 | other applicable high
school graduation requirements but fails | ||||||
20 | to receive a score on the Prairie
State Achievement Examination | ||||||
21 | that qualifies the student for receipt of a
Prairie State | ||||||
22 | Achievement Award shall nevertheless qualify for the receipt
of | ||||||
23 | a regular high school diploma. In no case, however, shall a | ||||||
24 | student receive a regular high school diploma without taking | ||||||
25 | the Prairie State Achievement Examination, unless the student | ||||||
26 | is exempted from taking the Prairie State Achievement | ||||||
27 | Examination under this subsection (c) because the student's | ||||||
28 | individualized educational program developed under Article 14 | ||||||
29 | of this Code identifies the Prairie State Achievement | ||||||
30 | Examination as inappropriate for the student, (ii) the student | ||||||
31 | is exempt due to the student's lack of English language | ||||||
32 | proficiency under subsection (a) of this Section, or (iii) the | ||||||
33 | student is enrolled in a program of Adult and Continuing | ||||||
34 | Education as defined in the Adult Education Act.
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35 | (d) Beginning with the 2002-2003 school year, all schools | ||||||
36 | in this
State that are part of the sample drawn by the National |
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1 | Center for
Education Statistics, in collaboration with their | ||||||
2 | school districts and the
State Board of Education, shall | ||||||
3 | administer the biennial State academic
assessments of 4th and | ||||||
4 | 8th grade reading and mathematics under the
National Assessment | ||||||
5 | of Educational Progress carried out under Section
m11(b)(2) of | ||||||
6 | the National Education Statistics Act of 1994 (20 U.S.C.
9010) | ||||||
7 | if the Secretary of Education pays the costs of administering | ||||||
8 | the
assessments.
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9 | (e) Beginning no later than the 2005-2006 school year, | ||||||
10 | subject to
available federal funds to this State for the | ||||||
11 | purpose of student
assessment, the State Board of Education | ||||||
12 | shall provide additional tests
and assessment resources that | ||||||
13 | may be used by school districts for local
diagnostic purposes. | ||||||
14 | These tests and resources shall include without
limitation | ||||||
15 | additional high school writing, physical development and
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16 | health, and fine arts assessments. The State Board of Education | ||||||
17 | shall
annually distribute a listing of these additional tests | ||||||
18 | and resources,
using funds available from appropriations made | ||||||
19 | for student assessment
purposes.
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20 | (f) For the assessment and accountability purposes of this | ||||||
21 | Section,
"all pupils" includes those pupils enrolled in a | ||||||
22 | public or
State-operated elementary school, secondary school, | ||||||
23 | or cooperative or
joint agreement with a governing body or | ||||||
24 | board of control, a charter
school operating in compliance with | ||||||
25 | the Charter Schools Law, a school
operated by a regional office | ||||||
26 | of education under Section 13A-3 of this
Code, or a public | ||||||
27 | school administered by a local public agency or the
Department | ||||||
28 | of Human Services.
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29 | (Source: P.A. 92-604, eff. 7-1-02; 93-426, eff. 8-5-03; 93-838, | ||||||
30 | eff. 7-30-04; 93-857, eff. 8-3-04; revised 10-25-04.)
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31 | Section 99. Effective date. This Act takes effect July 1, | ||||||
32 | 2005.
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