Illinois General Assembly - Full Text of HB0266
Illinois General Assembly

Previous General Assemblies

Full Text of HB0266  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Mary E. Flowers


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.

LRB100 05541 MLM 15555 b






HB0266LRB100 05541 MLM 15555 b

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



HB0266- 2 -LRB100 05541 MLM 15555 b

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 these assessments shall include a college and career
18ready determination that shall be accepted by this State's
19public institutions of higher education, as defined in the
20Board of Higher Education Act, for the purpose of student
21application or admissions consideration.
22    Students who are not assessed for college and career ready
23determinations may not receive a regular high school diploma
24unless the student's parent or guardian has requested that the
25student not be assessed under subsection (c-5) of this Section
26or the student is exempted from taking State assessments under



HB0266- 3 -LRB100 05541 MLM 15555 b

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



HB0266- 4 -LRB100 05541 MLM 15555 b

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



HB0266- 5 -LRB100 05541 MLM 15555 b

1to the extent that the student is no longer considered to be an
2English learner, as demonstrated through a State-identified
3English language proficiency assessment.
4    (e) The results or scores of each assessment taken under
5this Section shall be made available to the parents of each
7    In each school year, the scores attained by a student on
8the State assessment that includes a college and career ready
9determination must be placed in the student's permanent record
10and must be entered on the student's transcript pursuant to
11rules that the State Board of Education shall adopt for that
12purpose in accordance with Section 3 of the Illinois School
13Student Records Act. In each school year, the scores attained
14by a student on the State assessments administered in grades 3
15through 8 must be placed in the student's temporary record.
16    (f) All schools shall administer an academic assessment of
17English language proficiency in oral language (listening and
18speaking) and reading and writing skills to all children
19determined to be English learners.
20    (g) All schools in this State that are part of the sample
21drawn by the National Center for Education Statistics, in
22collaboration with their school districts and the State Board
23of Education, shall administer the biennial academic
24assessments under the National Assessment of Educational
25Progress carried out under Section 411(b)(2) of the federal
26National Education Statistics Act of 1994 (20 U.S.C. 9010) if



HB0266- 6 -LRB100 05541 MLM 15555 b

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



HB0266- 7 -LRB100 05541 MLM 15555 b

1    (j) The State Superintendent of Education shall appoint a
2committee of no more than 21 members, consisting of parents,
3teachers, school administrators, school board members,
4assessment experts, regional superintendents of schools, and
5citizens, to review the State assessments administered by the
6State Board of Education. The Committee shall select one of its
7members as its chairperson. The Committee shall meet on an
8ongoing basis to review the content and design of the
9assessments (including whether the requirements of subsection
10(i) of this Section have been met), the time and money expended
11at the local and State levels to prepare for and administer the
12assessments, the collective results of the assessments as
13measured against the stated purpose of assessing student
14performance, and other issues involving the assessments
15identified by the Committee. The Committee shall make periodic
16recommendations to the State Superintendent of Education and
17the General Assembly concerning the assessments.
18    (k) The State Board of Education may adopt rules to
19implement this Section.
20(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
2199-185, eff. 1-1-16; 99-642, eff. 7-28-16.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.