Illinois General Assembly - Full Text of HB0131
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Full Text of HB0131  99th General Assembly

HB0131 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0131

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.64a-5

    Amends the School Code. With respect to the administration of State assessments, prohibits the State Board of Education from assessing any student whose parent or guardian has requested that the student not be assessed. Requires the State Board to develop a form that allows for such requests, which form must be distributed by school districts to their students. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
52-3.64a-5 as follows:
 
6    (105 ILCS 5/2-3.64a-5)
7    Sec. 2-3.64a-5. State goals and assessment.
8    (a) For the assessment and accountability purposes of this
9Section, "students" includes those students enrolled in a
10public or State-operated elementary school, secondary school,
11or cooperative or joint agreement with a governing body or
12board of control, a charter school operating in compliance with
13the Charter Schools Law, a school operated by a regional office
14of education under Section 13A-3 of this Code, or a public
15school administered by a local public agency or the Department
16of Human Services.
17    (b) The State Board of Education shall establish the
18academic standards that are to be applicable to students who
19are subject to State assessments under this Section. The State
20Board of Education shall not establish any such standards in
21final form without first providing opportunities for public
22participation and local input in the development of the final
23academic standards. Those opportunities shall include a

 

 

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1well-publicized period of public comment and opportunities to
2file written comments.
3    (c) Beginning no later than the 2014-2015 school year, the
4State Board of Education shall annually assess all students
5enrolled in grades 3 through 8 in English language arts and
6mathematics.
7    Beginning no later than the 2017-2018 school year, the
8State Board of Education shall annually assess all students in
9science at one grade in grades 3 through 5, at one grade in
10grades 6 through 8, and at one grade in grades 9 through 12.
11    The State Board of Education shall annually assess schools
12that operate a secondary education program, as defined in
13Section 22-22 of this Code, in English language arts and
14mathematics. The State Board of Education shall administer no
15more than 3 assessments, per student, of English language arts
16and mathematics for students in a secondary education program.
17One of these assessments shall include a college and career
18ready determination.
19    Students who are not assessed for college and career ready
20determinations may not receive a regular high school diploma
21unless the student's parent or guardian has requested that the
22student not be assessed under subsection (c-5) of this Section
23or the student is exempted from taking State assessments under
24subsection (d) of this Section because (i) the student's
25individualized educational program developed under Article 14
26of this Code identifies the State assessment as inappropriate

 

 

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1for the student, (ii) the student is enrolled in a program of
2adult and continuing education, as defined in the Adult
3Education Act, (iii) the school district is not required to
4assess the individual student for purposes of accountability
5under federal No Child Left Behind Act of 2001 requirements,
6(iv) the student has been determined to be an English language
7learner, referred to in this Code as a student with limited
8English proficiency, and has been enrolled in schools in the
9United States for less than 12 months, or (v) the student is
10otherwise identified by the State Board of Education, through
11rules, as being exempt from the assessment.
12    The State Board of Education shall not assess students
13under this Section in subjects not required by this Section.
14    Districts shall inform their students of the timelines and
15procedures applicable to their participation in every yearly
16administration of the State assessments. The State Board of
17Education shall establish periods of time in each school year
18during which State assessments shall occur to meet the
19objectives of this Section.
20    (c-5) The State Board of Education may not assess any
21student under this Section whose parent or guardian has
22requested that the student not be assessed under this Section.
23The State Board of Education shall develop a form that allows
24for such requests, which form must be distributed by school
25districts to their students.
26    (d) Every individualized educational program as described

 

 

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1in Article 14 shall identify if the State assessment or
2components thereof are appropriate for the student. The State
3Board of Education shall develop rules governing the
4administration of an alternate assessment that may be available
5to students for whom participation in this State's regular
6assessments is not appropriate, even with accommodations as
7allowed under this Section.
8    Students receiving special education services whose
9individualized educational programs identify them as eligible
10for the alternative State assessments nevertheless shall have
11the option of taking this State's regular assessment that
12includes a college and career ready determination, which shall
13be administered in accordance with the eligible accommodations
14appropriate for meeting these students' respective needs.
15    All students determined to be an English language learner,
16referred to in this Code as a student with limited English
17proficiency, shall participate in the State assessments,
18excepting those students who have been enrolled in schools in
19the United States for less than 12 months. Such students may be
20exempted from participation in one annual administration of the
21English language arts assessment. Any student determined to be
22an English language learner, referred to in this Code as a
23student with limited English proficiency, shall receive
24appropriate assessment accommodations, including language
25supports, which shall be established by rule. Approved
26assessment accommodations must be provided until the student's

 

 

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1English language skills develop to the extent that the student
2is no longer considered to be an English language learner,
3referred to in this Code as a student with limited English
4proficiency, as demonstrated through a State-identified
5English language proficiency assessment.
6    (e) The results or scores of each assessment taken under
7this Section shall be made available to the parents of each
8student.
9    In each school year, the scores attained by a student on
10the State assessment that includes a college and career ready
11determination must be placed in the student's permanent record
12and must be entered on the student's transcript pursuant to
13rules that the State Board of Education shall adopt for that
14purpose in accordance with Section 3 of the Illinois School
15Student Records Act. In each school year, the scores attained
16by a student on the State assessments administered in grades 3
17through 8 must be placed in the student's temporary record.
18    (f) All schools shall administer an academic assessment of
19English language proficiency in oral language (listening and
20speaking) and reading and writing skills to all children
21determined to be English language learners, referred to in
22Section 14C-3 of this Code as children with limited
23English-speaking ability.
24    (g) All schools in this State that are part of the sample
25drawn by the National Center for Education Statistics, in
26collaboration with their school districts and the State Board

 

 

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1of Education, shall administer the biennial academic
2assessments under the National Assessment of Educational
3Progress carried out under Section 411(b)(2) of the federal
4National Education Statistics Act of 1994 (20 U.S.C. 9010) if
5the U.S. Secretary of Education pays the costs of administering
6the assessments.
7    (h) Subject to available funds to this State for the
8purpose of student assessment, the State Board of Education
9shall provide additional assessments and assessment resources
10that may be used by school districts for local assessment
11purposes. The State Board of Education shall annually
12distribute a listing of these additional resources.
13    (i) For the purposes of this subsection (i), "academically
14based assessments" means assessments consisting of questions
15and answers that are measurable and quantifiable to measure the
16knowledge, skills, and ability of students in the subject
17matters covered by the assessments. All assessments
18administered pursuant to this Section must be academically
19based assessments. The scoring of academically based
20assessments shall be reliable, valid, and fair and shall meet
21the guidelines for assessment development and use prescribed by
22the American Psychological Association, the National Council
23on Measurement in Education, and the American Educational
24Research Association.
25    The State Board of Education shall review the use of all
26assessment item types in order to ensure that they are valid

 

 

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1and reliable indicators of student performance aligned to the
2learning standards being assessed and that the development,
3administration, and scoring of these item types are justifiable
4in terms of cost.
5    (j) The State Superintendent of Education shall appoint a
6committee of no more than 21 members, consisting of parents,
7teachers, school administrators, school board members,
8assessment experts, regional superintendents of schools, and
9citizens, to review the State assessments administered by the
10State Board of Education. The Committee shall select one of its
11members as its chairperson. The Committee shall meet on an
12ongoing basis to review the content and design of the
13assessments (including whether the requirements of subsection
14(i) of this Section have been met), the time and money expended
15at the local and State levels to prepare for and administer the
16assessments, the collective results of the assessments as
17measured against the stated purpose of assessing student
18performance, and other issues involving the assessments
19identified by the Committee. The Committee shall make periodic
20recommendations to the State Superintendent of Education and
21the General Assembly concerning the assessments.
22    (k) The State Board of Education may adopt rules to
23implement this Section.
24(Source: P.A. 98-972, eff. 8-15-14.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.