HB5285 EngrossedLRB102 23977 CMG 33182 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 adding Section
52-3.64a-15 as follows:
6    (105 ILCS 5/2-3.64a-15 new)
7    Sec. 2-3.64a-15. Restrictions on prekindergarten through
8grade 2 assessments.
9    (a) In this Section:
10    "Diagnostic and screening purposes" means for the purpose
11of determining if individual students need remedial
12instruction or to determine eligibility for special education,
13early intervention, bilingual education, dyslexia services, or
14other related educational services. Any assessment used to
15determine eligibility for special education or related
16services must be consistent with Section 614 of the federal
17Individuals with Disabilities Education Act. "Diagnostic and
18screening purposes" includes the identification and evaluation
19of students with disabilities. "Diagnostic and screening
20purposes" does not include any assessment in which student
21scores are used to rate or rank a classroom, program, teacher,
22school, school district, or jurisdiction.
23    "Standardized assessment" means an assessment that



HB5285 Engrossed- 2 -LRB102 23977 CMG 33182 b

1requires all student test takers to answer the same questions,
2or a selection of questions from a common bank of questions, in
3the same manner or substantially the same questions in the
4same manner. "Standardized assessment" does not include an
5observational assessment tool used to satisfy the requirements
6of Section 2-3.64a-10.
7    (b) The State Board of Education may not develop,
8purchase, or require a school district to administer, develop,
9or purchase a standardized assessment for students enrolled or
10preparing to enroll in prekindergarten through grade 2, other
11than for diagnostic and screening purposes.
12    (c) The State Board of Education may not provide funding
13for any standardized assessment of students enrolled or
14preparing to enroll in prekindergarten through grade 2, other
15than for diagnostic and screening purposes.
16    (d) Nothing in this Section shall be construed to limit
17the ability of a classroom teacher or school district to
18develop, purchase, administer, or score an assessment for an
19individual classroom, grade level, or group of grade levels in
20any subject area in prekindergarten through grade 2.
21    (e) Nothing in this Section limits procedures used by a
22school or school district for Child Find under 34 C.F.R.
23300.111(c) or evaluation under 34 C.F.R. 300.304.
24    (f) Nothing in this Section restricts the use of an annual
25assessment of English proficiency of all English learners to
26comply with Section 1111(b)(2)(G) of the federal Elementary



HB5285 Engrossed- 3 -LRB102 23977 CMG 33182 b

1and Secondary Education Act of 1965.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.