Illinois General Assembly - Full Text of HB4362
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Full Text of HB4362  99th General Assembly




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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
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 which shall be the designated State assessment as
18selected by the State Board of Education. The State Board of
19Education shall follow a competitive procurement process
20pursuant to the Illinois Procurement Code to seek bids from at
21least 2 separate vendors for a college entrance exam. The State
22Board of Education shall offer separate contracts to all
23qualified bidders to administer at least 2 college entrance
24exams, including, but not limited to, one that is accepted by
25all of this State's public institutions of higher education, as
26defined under the Board of Higher Education Act, as well as all



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1of this State's post-secondary educational institutions, as
2defined under the Private College Act, for the purpose of
3student application or admissions. Each school district shall
4administer one of these 2 college entrance exams to all
5eligible students during a regularly scheduled school day.
6Subject to appropriations for a college entrance exam, the
7State Board of Education shall pay for each student to take one
8college entrance exam's base product that renders a college
9reportable score. One of these assessments shall include a
10college and career ready determination that shall be accepted
11by this State's public institutions of higher education, as
12defined in the Board of Higher Education Act, for the purpose
13of student application or admissions consideration.
14    Students who are not assessed for college and career ready
15determinations may not receive a regular high school diploma
16unless the student is exempted from taking State assessments
17under subsection (d) of this Section because (i) the student's
18individualized educational program developed under Article 14
19of this Code identifies the State assessment as inappropriate
20for the student, (ii) the student is enrolled in a program of
21adult and continuing education, as defined in the Adult
22Education Act, (iii) the school district is not required to
23assess the individual student for purposes of accountability
24under federal No Child Left Behind Act of 2001 requirements,
25(iv) the student has been determined to be an English learner
26and has been enrolled in schools in the United States for less



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1than 12 months, or (v) the student is otherwise identified by
2the State Board of Education, through rules, as being exempt
3from the assessment.
4    The State Board of Education shall not assess students
5under this Section in subjects not required by this Section.
6    Districts shall inform their students of the timelines and
7procedures applicable to their participation in every yearly
8administration of the State assessments. The State Board of
9Education shall establish periods of time in each school year
10during which State assessments shall occur to meet the
11objectives of this Section.
12    (d) Every individualized educational program as described
13in Article 14 shall identify if the State assessment or
14components thereof are appropriate for the student. The State
15Board of Education shall develop rules governing the
16administration of an alternate assessment that may be available
17to students for whom participation in this State's regular
18assessments is not appropriate, even with accommodations as
19allowed under this Section.
20    Students receiving special education services whose
21individualized educational programs identify them as eligible
22for the alternative State assessments nevertheless shall have
23the option of taking this State's regular assessment that
24includes a college and career ready determination, which shall
25be administered in accordance with the eligible accommodations
26appropriate for meeting these students' respective needs.



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1    All students determined to be English learners shall
2participate in the State assessments, excepting those students
3who have been enrolled in schools in the United States for less
4than 12 months. Such students may be exempted from
5participation in one annual administration of the English
6language arts assessment. Any student determined to be an
7English learner shall receive appropriate assessment
8accommodations, including language supports, which shall be
9established by rule. Approved assessment accommodations must
10be provided until the student's English language skills develop
11to the extent that the student is no longer considered to be an
12English learner, as demonstrated through a State-identified
13English language proficiency assessment.
14    (e) The results or scores of each assessment taken under
15this Section shall be made available to the parents of each
17    In each school year, the scores attained by a student on
18the State assessment that includes a college and career ready
19determination must be placed in the student's permanent record
20and must be entered on the student's transcript pursuant to
21rules that the State Board of Education shall adopt for that
22purpose in accordance with Section 3 of the Illinois School
23Student Records Act. In each school year, the scores attained
24by a student on the State assessments administered in grades 3
25through 8 must be placed in the student's temporary record.
26    (f) All schools shall administer an academic assessment of



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1English language proficiency in oral language (listening and
2speaking) and reading and writing skills to all children
3determined to be English learners.
4    (g) All schools in this State that are part of the sample
5drawn by the National Center for Education Statistics, in
6collaboration with their school districts and the State Board
7of Education, shall administer the biennial academic
8assessments under the National Assessment of Educational
9Progress carried out under Section 411(b)(2) of the federal
10National Education Statistics Act of 1994 (20 U.S.C. 9010) if
11the U.S. Secretary of Education pays the costs of administering
12the assessments.
13    (h) Subject to available funds to this State for the
14purpose of student assessment, the State Board of Education
15shall provide additional assessments and assessment resources
16that may be used by school districts for local assessment
17purposes. The State Board of Education shall annually
18distribute a listing of these additional resources.
19    (i) For the purposes of this subsection (i), "academically
20based assessments" means assessments consisting of questions
21and answers that are measurable and quantifiable to measure the
22knowledge, skills, and ability of students in the subject
23matters covered by the assessments. All assessments
24administered pursuant to this Section must be academically
25based assessments. The scoring of academically based
26assessments shall be reliable, valid, and fair and shall meet



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1the guidelines for assessment development and use prescribed by
2the American Psychological Association, the National Council
3on Measurement in Education, and the American Educational
4Research Association.
5    The State Board of Education shall review the use of all
6assessment item types in order to ensure that they are valid
7and reliable indicators of student performance aligned to the
8learning standards being assessed and that the development,
9administration, and scoring of these item types are justifiable
10in terms of cost.
11    (j) The State Superintendent of Education shall appoint a
12committee of no more than 21 members, consisting of parents,
13teachers, school administrators, school board members,
14assessment experts, regional superintendents of schools, and
15citizens, to review the State assessments administered by the
16State Board of Education. The Committee shall select one of its
17members as its chairperson. The Committee shall meet on an
18ongoing basis to review the content and design of the
19assessments (including whether the requirements of subsection
20(i) of this Section have been met), the time and money expended
21at the local and State levels to prepare for and administer the
22assessments, the collective results of the assessments as
23measured against the stated purpose of assessing student
24performance, and other issues involving the assessments
25identified by the Committee. The Committee shall make periodic
26recommendations to the State Superintendent of Education and



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1the General Assembly concerning the assessments.
2    (k) The State Board of Education may adopt rules to
3implement this Section.
4(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
599-185, eff. 1-1-16; revised 10-16-15.)