Illinois General Assembly - Full Text of HB0306
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Full Text of HB0306  99th General Assembly


Rep. Will Guzzardi

Filed: 4/21/2015





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2    AMENDMENT NO. ______. Amend House Bill 306 by replacing
3everything after the enacting clause with the following:
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.



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1    (b) The State Board of Education shall establish the
2academic standards that are to be applicable to students who
3are subject to State assessments under this Section. The State
4Board of Education shall not establish any such standards in
5final form without first providing opportunities for public
6participation and local input in the development of the final
7academic standards. Those opportunities shall include a
8well-publicized period of public comment and opportunities to
9file written comments.
10    (c) Beginning no later than the 2014-2015 school year, the
11State Board of Education shall annually assess all students
12enrolled in grades 3 through 8 in English language arts and
14    Beginning no later than the 2017-2018 school year, the
15State Board of Education shall annually assess all students in
16science at one grade in grades 3 through 5, at one grade in
17grades 6 through 8, and at one grade in grades 9 through 12.
18    The State Board of Education shall annually assess schools
19that operate a secondary education program, as defined in
20Section 22-22 of this Code, in English language arts and
21mathematics. The State Board of Education shall administer no
22more than 3 assessments, per student, of English language arts
23and mathematics for students in a secondary education program.
24One of these assessments shall include a college and career
25ready determination.
26    Students who are not assessed for college and career ready



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



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1    (c-5) A student is not required to take a particular State
2assessment under this Section if that student's parent or
3guardian requests, in writing, that the student be excused from
4taking the State assessment. The State Board of Education
5shall, by rule, (i) determine the form of the opt-out request;
6(ii) ensure that the State Board of Education, regional
7superintendents of schools, and school boards take no negative
8action against a student, school, school district, or district
9employee, through grades or evaluations, due to a student being
10excused from taking a State assessment other than sanctions for
11encouraging or discouraging opting out of State assessments as
12otherwise prohibited under this subsection (c-5); and (iii)
13ensure that students who are excused from taking a State
14assessment are offered supervised instructional or enrichment
15opportunities during the time the State assessment is being
17    Once each school year, before any State assessments are
18administered, a school district shall communicate with the
19parents and guardians of students to explain the right to opt
20out of a particular State assessment under this subsection
21(c-5) and shall make opt-out forms available. Neither the
22school district, nor any teacher or school in the district, may
23issue additional official correspondence to students or their
24parents or guardians about the right to opt out under this
25subsection (c-5). A school district shall accept any letter
26expressing a parent's or guardian's intent for his or her child



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1to be excused from taking a particular State assessment in lieu
2of the opt-out form as long as the letter is signed by the
3parent or guardian.
4    A school district and its teachers, principals, and other
5administrators are prohibited from encouraging or discouraging
6students or their parents or guardians, either individually or
7collectively, to opt out of State assessments under this
8subsection (c-5). The State Board of Education shall, by rule,
9determine appropriate sanctions for a violation of this
11    (d) Every individualized educational program as described
12in Article 14 shall identify if the State assessment or
13components thereof are appropriate for the student. The State
14Board of Education shall develop rules governing the
15administration of an alternate assessment that may be available
16to students for whom participation in this State's regular
17assessments is not appropriate, even with accommodations as
18allowed under this Section.
19    Students receiving special education services whose
20individualized educational programs identify them as eligible
21for the alternative State assessments nevertheless shall have
22the option of taking this State's regular assessment that
23includes a college and career ready determination, which shall
24be administered in accordance with the eligible accommodations
25appropriate for meeting these students' respective needs.
26    All students determined to be an English language learner,



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1referred to in this Code as a student with limited English
2proficiency, shall participate in the State assessments,
3excepting those students who have been enrolled in schools in
4the United States for less than 12 months. Such students may be
5exempted from participation in one annual administration of the
6English language arts assessment. Any student determined to be
7an English language learner, referred to in this Code as a
8student with limited English proficiency, shall receive
9appropriate assessment accommodations, including language
10supports, which shall be established by rule. Approved
11assessment accommodations must be provided until the student's
12English language skills develop to the extent that the student
13is no longer considered to be an English language learner,
14referred to in this Code as a student with limited English
15proficiency, as demonstrated through a State-identified
16English language proficiency assessment.
17    (e) The results or scores of each assessment taken under
18this Section shall be made available to the parents of each
20    In each school year, the scores attained by a student on
21the State assessment that includes a college and career ready
22determination must be placed in the student's permanent record
23and must be entered on the student's transcript pursuant to
24rules that the State Board of Education shall adopt for that
25purpose in accordance with Section 3 of the Illinois School
26Student Records Act. In each school year, the scores attained



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



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



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1assessments, the collective results of the assessments as
2measured against the stated purpose of assessing student
3performance, and other issues involving the assessments
4identified by the Committee. The Committee shall make periodic
5recommendations to the State Superintendent of Education and
6the General Assembly concerning the assessments.
7    (k) The State Board of Education may adopt rules to
8implement this Section.
9(Source: P.A. 98-972, eff. 8-15-14.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".