Full Text of HB0306 99th General Assembly
HB0306eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 2-3.64a-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 | 9 | | Section, "students" includes those students enrolled in a | 10 | | public or State-operated elementary school, secondary school, | 11 | | or cooperative or joint agreement with a governing body or | 12 | | board of control, a charter school operating in compliance with | 13 | | the Charter Schools Law, a school operated by a regional office | 14 | | of education under Section 13A-3 of this Code, or a public | 15 | | school administered by a local public agency or the Department | 16 | | of Human Services. | 17 | | (b) The State Board of Education shall establish the | 18 | | academic standards that are to be applicable to students who | 19 | | are subject to State assessments under this Section. The State | 20 | | Board of Education shall not establish any such standards in | 21 | | final form without first providing opportunities for public | 22 | | participation and local input in the development of the final | 23 | | academic standards. Those opportunities shall include a |
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| 1 | | well-publicized period of public comment and opportunities to | 2 | | file written comments. | 3 | | (c) Beginning no later than the 2014-2015 school year, the | 4 | | State Board of Education shall annually assess all students | 5 | | enrolled in grades 3 through 8 in English language arts and | 6 | | mathematics. | 7 | | Beginning no later than the 2017-2018 school year, the | 8 | | State Board of Education shall annually assess all students in | 9 | | science at one grade in grades 3 through 5, at one grade in | 10 | | grades 6 through 8, and at one grade in grades 9 through 12. | 11 | | The State Board of Education shall annually assess schools | 12 | | that operate a secondary education program, as defined in | 13 | | Section 22-22 of this Code, in English language arts and | 14 | | mathematics. The State Board of Education shall administer no | 15 | | more than 3 assessments, per student, of English language arts | 16 | | and mathematics for students in a secondary education program. | 17 | | One of these assessments shall include a college and career | 18 | | ready determination. | 19 | | Students who are not assessed for college and career ready | 20 | | determinations may not receive a regular high school diploma | 21 | | unless the student is excused from taking a State assessment | 22 | | under subsection (c-5) of this Section or the student is | 23 | | exempted from taking State assessments under subsection (d) of | 24 | | this Section because (i) the student's individualized | 25 | | educational program developed under Article 14 of this Code | 26 | | identifies the State assessment as inappropriate for the |
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| 1 | | student, (ii) the student is enrolled in a program of adult and | 2 | | continuing education, as defined in the Adult Education Act, | 3 | | (iii) the school district is not required to assess the | 4 | | individual student for purposes of accountability under | 5 | | federal No Child Left Behind Act of 2001 requirements, (iv) the | 6 | | student has been determined to be an English language learner, | 7 | | referred to in this Code as a student with limited English | 8 | | proficiency, and has been enrolled in schools in the United | 9 | | States for less than 12 months, or (v) the student is otherwise | 10 | | identified by the State Board of Education, through rules, as | 11 | | being exempt from the assessment. | 12 | | The State Board of Education shall not assess students | 13 | | under this Section in subjects not required by this Section. | 14 | | Districts shall inform their students of the timelines and | 15 | | procedures applicable to their participation in every yearly | 16 | | administration of the State assessments.
The State Board of | 17 | | Education shall establish periods of time in each school year | 18 | | during which State assessments shall occur to meet the | 19 | | objectives of this Section. | 20 | | (c-5) A student is not required to take a particular State | 21 | | assessment under this Section if that student's parent or | 22 | | guardian requests, in writing, that the student be excused from | 23 | | taking the State assessment. The State Board of Education | 24 | | shall, by rule, (i) determine the form of the opt-out request; | 25 | | (ii) ensure that the State Board of Education, regional | 26 | | superintendents of schools, and school boards take no negative |
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| 1 | | action against a student, school, school district, or district | 2 | | employee, through grades or evaluations, due to a student being | 3 | | excused from taking a State assessment other than sanctions for | 4 | | encouraging or discouraging opting out of State assessments as | 5 | | otherwise prohibited under this subsection (c-5); and (iii) | 6 | | ensure that students who are excused from taking a State | 7 | | assessment are offered supervised instructional or enrichment | 8 | | opportunities during the time the State assessment is being | 9 | | administered. | 10 | | Once each school year, before any State assessments are | 11 | | administered, a school district shall communicate with the | 12 | | parents and guardians of students to explain the right to opt | 13 | | out of a particular State assessment under this subsection | 14 | | (c-5) and shall make opt-out forms available. Neither the | 15 | | school district, nor any teacher or school in the district, may | 16 | | issue additional official correspondence to students or their | 17 | | parents or guardians about the right to opt out under this | 18 | | subsection (c-5). A school district shall accept any letter | 19 | | expressing a parent's or guardian's intent for his or her child | 20 | | to be excused from taking a particular State assessment in lieu | 21 | | of the opt-out form as long as the letter is signed by the | 22 | | parent or guardian. | 23 | | A school district and its teachers, principals, and other | 24 | | administrators are prohibited from encouraging or discouraging | 25 | | students or their parents or guardians, either individually or | 26 | | collectively, to opt out of State assessments under this |
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| 1 | | subsection (c-5). The State Board of Education shall, by rule, | 2 | | determine appropriate sanctions for a violation of this | 3 | | prohibition. | 4 | | (d) Every individualized educational program as described | 5 | | in Article 14 shall identify if the State assessment or | 6 | | components thereof are appropriate for the student. The State | 7 | | Board of Education shall develop rules governing the | 8 | | administration of an alternate assessment that may be available | 9 | | to students for whom participation in this State's regular | 10 | | assessments is not appropriate, even with accommodations as | 11 | | allowed under this Section. | 12 | | Students receiving special education services whose | 13 | | individualized educational programs identify them as eligible | 14 | | for the alternative State assessments nevertheless shall have | 15 | | the option of taking this State's regular assessment that | 16 | | includes a college and career ready determination, which shall | 17 | | be administered in accordance with the eligible accommodations | 18 | | appropriate for meeting these students' respective needs. | 19 | | All students determined to be an English language learner, | 20 | | referred to in this Code as a student with limited English | 21 | | proficiency, shall participate in the State assessments, | 22 | | excepting those students who have been enrolled in schools in | 23 | | the United States for less than 12 months. Such students may be | 24 | | exempted from participation in one annual administration of the | 25 | | English language arts assessment. Any student determined to be | 26 | | an English language learner, referred to in this Code as a |
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| 1 | | student with limited English proficiency, shall receive | 2 | | appropriate assessment accommodations, including language | 3 | | supports, which shall be established by rule. Approved | 4 | | assessment accommodations must be provided until the student's | 5 | | English language skills develop to the extent that the student | 6 | | is no longer considered to be an English language learner, | 7 | | referred to in this Code as a student with limited English | 8 | | proficiency, as demonstrated through a State-identified | 9 | | English language proficiency assessment. | 10 | | (e) The results or scores of each assessment taken under | 11 | | this Section shall be made available to the parents of each | 12 | | student. | 13 | | In each school year, the scores attained by a student on | 14 | | the State assessment that includes a college and career ready | 15 | | determination must be placed in the student's permanent record | 16 | | and must be entered on the student's transcript pursuant to | 17 | | rules that the State Board of Education shall adopt for that | 18 | | purpose in accordance with Section 3 of the Illinois School | 19 | | Student Records Act. In each school year, the scores attained | 20 | | by a student on the State assessments administered in grades 3 | 21 | | through 8 must be placed in the student's temporary record. | 22 | | (f) All schools shall administer an academic assessment of | 23 | | English language proficiency in oral language (listening and | 24 | | speaking) and reading and writing skills to all children | 25 | | determined to be English language learners, referred to in | 26 | | Section 14C-3 of this Code as children with limited |
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| 1 | | English-speaking ability. | 2 | | (g) All schools in this State that are part of the sample | 3 | | drawn by the National Center for Education Statistics, in | 4 | | collaboration with their school districts and the State Board | 5 | | of Education, shall administer the biennial academic | 6 | | assessments under the National Assessment of Educational | 7 | | Progress carried out under Section 411(b)(2) of the federal | 8 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | 9 | | the U.S. Secretary of Education pays the costs of administering | 10 | | the assessments. | 11 | | (h) Subject to available funds to this State for the | 12 | | purpose of student assessment, the State Board of Education | 13 | | shall provide additional assessments and assessment resources | 14 | | that may be used by school districts for local assessment | 15 | | purposes. The State Board of Education shall annually | 16 | | distribute a listing of these additional resources. | 17 | | (i) For the purposes of this subsection (i), "academically | 18 | | based assessments" means assessments consisting of questions | 19 | | and answers that are measurable and quantifiable to measure the | 20 | | knowledge, skills, and ability of students in the subject | 21 | | matters covered by the assessments. All assessments | 22 | | administered pursuant to this Section must be academically | 23 | | based assessments. The scoring of academically based | 24 | | assessments shall be reliable, valid, and fair and shall meet | 25 | | the guidelines for assessment development and use prescribed by | 26 | | the American Psychological Association, the National Council |
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| 1 | | on Measurement in Education, and the American Educational | 2 | | Research Association. | 3 | | The State Board of Education shall review the use of all | 4 | | assessment item types in order to ensure that they are valid | 5 | | and reliable indicators of student performance aligned to the | 6 | | learning standards being assessed and that the development, | 7 | | administration, and scoring of these item types are justifiable | 8 | | in terms of cost. | 9 | | (j) The State Superintendent of Education shall appoint a | 10 | | committee of no more than 21 members, consisting of parents, | 11 | | teachers, school administrators, school board members, | 12 | | assessment experts, regional superintendents of schools, and | 13 | | citizens, to review the State assessments administered by the | 14 | | State Board of Education. The Committee shall select one of its | 15 | | members as its chairperson. The Committee shall meet on an | 16 | | ongoing basis to review the content and design of the | 17 | | assessments (including whether the requirements of subsection | 18 | | (i) of this Section have been met), the time and money expended | 19 | | at the local and State levels to prepare for and administer the | 20 | | assessments, the collective results of the assessments as | 21 | | measured against the stated purpose of assessing student | 22 | | performance, and other issues involving the assessments | 23 | | identified by the Committee. The Committee shall make periodic | 24 | | recommendations to the State Superintendent of Education and | 25 | | the General Assembly concerning the assessments. | 26 | | (k) The State Board of Education may adopt rules to |
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| 1 | | implement this Section.
| 2 | | (Source: P.A. 98-972, eff. 8-15-14.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
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