Full Text of HB1652 095th General Assembly
HB1652 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1652
Introduced 2/22/2007, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.64 |
from Ch. 122, par. 2-3.64 |
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Amends the School Code. In the Section concerning State goals and assessment, requires that State test results or scores be reported to a school district on or before August 1 of the same year the test is given. Effective immediately.
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A BILL FOR
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HB1652 |
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LRB095 08341 NHT 31814 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 2-3.64 as follows:
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| (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
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| Sec. 2-3.64. State goals and assessment.
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| (a) Beginning in the 1998-1999 school year, the State Board | 9 |
| of Education
shall establish standards and periodically, in | 10 |
| collaboration with local school
districts, conduct studies of | 11 |
| student performance in the learning areas of fine
arts and | 12 |
| physical development/health.
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| Beginning with the 1998-1999 school
year until the | 14 |
| 2004-2005 school year, the State Board of
Education shall | 15 |
| annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th | 16 |
| grades in English language arts (reading, writing, and
English | 17 |
| grammar) and mathematics; and (ii) all pupils enrolled in the | 18 |
| 4th and
7th grades in the biological and physical sciences and | 19 |
| the social sciences
(history, geography, civics, economics, | 20 |
| and government).
Unless the testing required to be implemented | 21 |
| no later than the 2005-2006 school year under this subsection | 22 |
| (a) is implemented for the 2004-2005 school year, for the | 23 |
| 2004-2005 school year, the State Board of
Education shall test: |
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| (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in | 2 |
| English language arts (reading and
English grammar) and | 3 |
| mathematics and (ii) all pupils enrolled in the 4th and
7th | 4 |
| grades in the biological and physical sciences. The maximum | 5 |
| time allowed for all actual testing required under this
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| paragraph shall not exceed 25 hours, as allocated among the | 7 |
| required
tests by the State Board of Education, across all | 8 |
| grades tested.
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| Beginning no later than the 2005-2006 school year, the | 10 |
| State
Board of Education shall annually test: (i) all pupils | 11 |
| enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in | 12 |
| reading and mathematics
and (ii) all pupils
enrolled in the 4th | 13 |
| and 7th grades in the biological and physical
sciences. In | 14 |
| addition, the State Board of Education shall test (1) all | 15 |
| pupils enrolled in the 5th and 8th grades in writing during the | 16 |
| 2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, | 17 |
| and 8th grades in writing during the 2007-2008 school year; and | 18 |
| (3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in | 19 |
| writing during the 2008-2009 school year and each school year | 20 |
| thereafter. After the addition of grades and change in subjects | 21 |
| as delineated in this paragraph and including whatever other
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| tests that may be approved from time to time no later than the
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| 2005-2006 school year, the maximum time allowed for all State | 24 |
| testing in
grades 3 through 8 shall not exceed 38 hours across | 25 |
| those grades.
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| Beginning with the 2004-2005 school year, the State Board |
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| of Education shall not test pupils under this subsection (a) in | 2 |
| physical development and health, fine arts, and the social | 3 |
| sciences (history, geography, civics, economics, and | 4 |
| government). The State Board of Education shall not test pupils | 5 |
| under this subsection (a) in writing during the 2005-2006 | 6 |
| school year.
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| The State Board of
Education shall establish the academic | 8 |
| standards that are to be applicable to
pupils who are subject | 9 |
| to State tests under this Section beginning with the
1998-1999 | 10 |
| school year. However, the State Board of Education shall not
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| establish any such standards in final form without first | 12 |
| providing
opportunities for public participation and local | 13 |
| input in the development
of the final academic standards. Those | 14 |
| opportunities shall include a
well-publicized period of public | 15 |
| comment, public hearings throughout the State,
and | 16 |
| opportunities to file written comments. Beginning with the | 17 |
| 1998-99 school
year and thereafter, the State tests will | 18 |
| identify pupils in the 3rd grade or
5th grade who do not meet | 19 |
| the State standards.
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| If, by performance on the State
tests or local assessments | 21 |
| or by teacher judgment, a student's performance is
determined | 22 |
| to be 2 or more grades below current placement, the student | 23 |
| shall be
provided a remediation program developed by the | 24 |
| district in consultation with a
parent or guardian. Such | 25 |
| remediation programs may include, but shall not be
limited to, | 26 |
| increased or concentrated instructional time, a remedial |
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| summer
school program of not less than 90 hours, improved | 2 |
| instructional approaches,
tutorial sessions, retention in | 3 |
| grade, and modifications to instructional
materials. Each | 4 |
| pupil for whom a remediation program is developed under this
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| subsection shall be required to enroll in and attend whatever | 6 |
| program the
district determines is appropriate for the pupil. | 7 |
| Districts may combine
students in remediation programs where | 8 |
| appropriate and may cooperate with other
districts in the | 9 |
| design and delivery of those programs. The parent or guardian
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| of a student required to attend a remediation program under | 11 |
| this Section shall
be given written notice of that requirement | 12 |
| by the school district a reasonable
time prior to commencement | 13 |
| of the remediation program that the student is to
attend. The | 14 |
| State shall be responsible for providing school districts with | 15 |
| the
new and additional funding, under Section 2-3.51.5 or by | 16 |
| other or additional
means, that is required to enable the | 17 |
| districts to operate remediation programs
for the pupils who | 18 |
| are required to enroll in and attend those programs under
this | 19 |
| Section. Every individualized educational program as described | 20 |
| in Article
14 shall identify if the State test or components | 21 |
| thereof are appropriate for
that student. The State Board of | 22 |
| Education shall develop rules and
regulations governing the | 23 |
| administration of alternative tests prescribed within
each | 24 |
| student's individualized educational program which are | 25 |
| appropriate to the
disability of each student.
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| All pupils who are in a State approved
transitional |
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| bilingual education program or transitional program of | 2 |
| instruction
shall participate in the State
tests. The time | 3 |
| allotted to take the State tests, however, may be extended as
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| determined by the State Board of Education by rule. Any student | 5 |
| who has been enrolled in a
State approved bilingual education | 6 |
| program less than 3 cumulative academic
years may take an | 7 |
| accommodated Limited English Proficient student academic | 8 |
| content assessment, as determined by the State Board of | 9 |
| Education, if the student's lack of English as determined by an | 10 |
| English
language
proficiency test would keep the student from | 11 |
| understanding the regular
State test. If the
school district | 12 |
| determines, on a case-by-case individual basis,
that a Limited | 13 |
| English Proficient student academic content assessment would | 14 |
| likely yield more accurate and reliable information on
what the | 15 |
| student knows and can do, the school district may make a
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| determination to assess the student using a Limited English | 17 |
| Proficient student academic content assessment for a period | 18 |
| that does
not exceed 2 additional consecutive years, provided | 19 |
| that the student has
not yet reached a level of English | 20 |
| language proficiency sufficient to yield
valid and reliable | 21 |
| information on what the student knows and can do on
the regular | 22 |
| State test.
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| Reasonable accommodations as prescribed by
the State Board | 24 |
| of Education shall be provided for individual students in the
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| testing procedure. All test procedures prescribed by the State | 26 |
| Board of
Education shall require: (i) that each test used for |
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| State and local student
testing under this Section identify by | 2 |
| name the pupil taking the test; (ii)
that the name of the pupil | 3 |
| taking the test be placed on the test at the time
the test is | 4 |
| taken; (iii) that the results or scores of each test taken | 5 |
| under
this Section by a pupil of the school district be | 6 |
| reported to that district on or before August 1 of the same | 7 |
| year the test is given and
identify by name the pupil who | 8 |
| received the reported results or scores; and
(iv) that the | 9 |
| results or scores of each test taken under this Section be made
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| available to the parents of the pupil. In addition, in each | 11 |
| school year the highest
scores
attained by
a student on the | 12 |
| Prairie State Achievement
Examination administered under | 13 |
| subsection (c) of this Section and any Prairie
State | 14 |
| Achievement Awards received by the student shall become part
of | 15 |
| the student's permanent record and shall be entered on the | 16 |
| student's
transcript pursuant to regulations that the State | 17 |
| Board of Education shall
promulgate for that purpose in | 18 |
| accordance with Section 3 and subsection (e) of
Section 2 of | 19 |
| the Illinois School Student Records Act. Beginning with the
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| 1998-1999 school year and in every school year thereafter, | 21 |
| scores received by
students on the State assessment tests | 22 |
| administered in grades 3 through 8 shall
be placed into | 23 |
| students' temporary records.
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| The State Board of Education shall
establish a
period of | 25 |
| time, to be referred to as the State test window, in each | 26 |
| school year for which State
testing shall occur to meet the |
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| objectives of this Section. However, if the
schools of a | 2 |
| district are closed and classes are not scheduled during any | 3 |
| week
that is established by the State Board of Education as the | 4 |
| State test
window, the school district may
(at the discretion | 5 |
| of the State Board of Education) move its State test
window one | 6 |
| week earlier or one week later than the established State test
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| window, so long as
the school district gives the State Board of | 8 |
| Education written notice of its
intention to deviate from the | 9 |
| established schedule by December 1 of the school
year in which | 10 |
| falls the State test window established by the State
Board of | 11 |
| Education for
the testing.
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| (a-5) All tests administered pursuant to this Section shall | 13 |
| be academically
based. For the purposes of this Section | 14 |
| "academically based tests" shall mean
tests consisting of | 15 |
| questions and answers that are measurable and quantifiable
to | 16 |
| measure the knowledge, skill, and ability of students in the | 17 |
| subject matters
covered by tests. The scoring of academically | 18 |
| based tests shall be reliable,
valid, unbiased and shall meet | 19 |
| the guidelines for test development and use
prescribed by the | 20 |
| American Psychological Association, the National Council of
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| Measurement and Evaluation, and the American Educational | 22 |
| Research Association.
Academically based tests shall not | 23 |
| include assessments or evaluations of
attitudes, values, or | 24 |
| beliefs, or testing of personality, self-esteem, or
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| self-concept. Nothing in this amendatory Act is intended, nor | 26 |
| shall it be
construed, to nullify, supersede, or contradict the |
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| legislative intent on
academic testing expressed during the | 2 |
| passage of HB 1005/P.A. 90-296.
Nothing in this Section is | 3 |
| intended, nor shall it be construed, to nullify,
supersede, or | 4 |
| contradict the legislative intent on academic testing
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| expressed in the preamble of this amendatory Act of the 93rd | 6 |
| General
Assembly.
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| The State Board of Education shall monitor the use of
short | 8 |
| answer
questions in the math
and reading assessments or in | 9 |
| other assessments in order to demonstrate that the use of short
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| answer questions results in a statistically significant | 11 |
| improvement in student
achievement as measured on the State | 12 |
| assessments for math and reading or on
other State assessments | 13 |
| and is
justifiable in terms of cost and student performance.
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| (b) It shall be the policy of the State to encourage school | 15 |
| districts
to continuously test pupil proficiency in the | 16 |
| fundamental learning areas in
order to: (i) provide timely | 17 |
| information on individual students' performance
relative to | 18 |
| State standards that is adequate to guide instructional | 19 |
| strategies;
(ii) improve future instruction; and (iii) | 20 |
| complement the information provided
by the State testing system | 21 |
| described in this Section. To assist
school districts in | 22 |
| testing pupil proficiency in reading in the primary grades,
the | 23 |
| State Board shall make optional reading inventories for | 24 |
| diagnostic purposes
available to each school district that | 25 |
| requests such assistance. Districts
that administer the | 26 |
| reading inventories may develop remediation programs for
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| students who perform in the bottom half of the student | 2 |
| population. Those
remediation programs may be funded by moneys | 3 |
| provided under the School Safety
and Educational Improvement | 4 |
| Block Grant Program established under Section
2-3.51.5.
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| (c) Beginning with the 2000-2001 school year, each school | 6 |
| district that
operates a high school program for students in | 7 |
| grades 9 through 12 shall
annually administer the Prairie State | 8 |
| Achievement Examination
established under this subsection to | 9 |
| its students as set forth
below. The Prairie State Achievement | 10 |
| Examination shall be developed by
the State Board of Education | 11 |
| to measure student performance in the academic
areas of | 12 |
| reading, writing, mathematics, science, and social sciences. | 13 |
| Beginning with the 2004-2005 school year, however, the State | 14 |
| Board of Education shall not test a student in the social | 15 |
| sciences (history, geography, civics, economics, and | 16 |
| government) as part of the Prairie State Achievement | 17 |
| Examination unless the student is retaking the Prairie State | 18 |
| Achievement Examination in the fall of 2004. In addition, the | 19 |
| State Board of Education shall not test a student in writing as | 20 |
| part of the Prairie State Achievement Examination during the | 21 |
| 2005-2006 school year. The
State Board of Education shall | 22 |
| establish the academic standards that are to
apply in measuring | 23 |
| student performance on the Prairie State Achievement
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| Examination including the minimum examination score in each | 25 |
| area that will
qualify a student to receive a Prairie State | 26 |
| Achievement Award from the State
in recognition of the |
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| student's excellent performance. Each school district
that is | 2 |
| subject to the requirements of this subsection (c) shall afford | 3 |
| all
students 2 opportunities to take the Prairie State | 4 |
| Achievement Examination
beginning as late as practical during | 5 |
| the second semester of grade 11, but in
no event before March | 6 |
| 1. The State Board of Education shall annually notify
districts | 7 |
| of the weeks during which these test administrations shall be
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| required to occur. Every individualized educational program as | 9 |
| described in
Article 14 shall identify if the Prairie State | 10 |
| Achievement Examination or
components thereof are appropriate | 11 |
| for that student. Each student, exclusive of
a student whose | 12 |
| individualized educational program developed under Article 14
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| identifies the Prairie State Achievement Examination as | 14 |
| inappropriate for the
student, shall be required to take the | 15 |
| examination in grade 11. For each
academic area the State Board | 16 |
| of Education shall establish the score that
qualifies for the | 17 |
| Prairie State Achievement Award on that portion of the
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| examination. Any student who fails to earn a qualifying score | 19 |
| for a Prairie
State Achievement Award in any one or more of the | 20 |
| academic areas on the initial
test administration or who wishes | 21 |
| to improve his or her score on any portion of
the examination | 22 |
| shall be permitted to retake such portion or portions of the
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| examination during grade 12. Districts shall inform their | 24 |
| students of the
timelines and procedures applicable to their | 25 |
| participation in every yearly
administration of the Prairie | 26 |
| State Achievement Examination. Students
receiving special |
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| education services whose individualized educational programs
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| identify the Prairie State Achievement Examination as | 3 |
| inappropriate for them
nevertheless shall have the option of | 4 |
| taking the examination, which shall be
administered to those | 5 |
| students in accordance with standards adopted by the
State | 6 |
| Board of Education to accommodate the respective disabilities | 7 |
| of those
students. A student who successfully completes all | 8 |
| other applicable high
school graduation requirements but fails | 9 |
| to receive a score on the Prairie
State Achievement Examination | 10 |
| that qualifies the student for receipt of a
Prairie State | 11 |
| Achievement Award shall nevertheless qualify for the receipt
of | 12 |
| a regular high school diploma. In no case, however, shall a | 13 |
| student receive a regular high school diploma without taking | 14 |
| the Prairie State Achievement Examination, unless the student | 15 |
| is exempted from taking the Prairie State Achievement | 16 |
| Examination under this subsection (c) because (i) the student's | 17 |
| individualized educational program developed under Article 14 | 18 |
| of this Code identifies the Prairie State Achievement | 19 |
| Examination as inappropriate for the student, (ii) the student | 20 |
| is exempt due to the student's lack of English language | 21 |
| proficiency under subsection (a) of this Section, or (iii) the | 22 |
| student is enrolled in a program of Adult and Continuing | 23 |
| Education as defined in the Adult Education Act.
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| (d) Beginning with the 2002-2003 school year, all schools | 25 |
| in this
State that are part of the sample drawn by the National | 26 |
| Center for
Education Statistics, in collaboration with their |
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| school districts and the
State Board of Education, shall | 2 |
| administer the biennial State academic
assessments of 4th and | 3 |
| 8th grade reading and mathematics under the
National Assessment | 4 |
| of Educational Progress carried out under Section
m11(b)(2) of | 5 |
| the National Education Statistics Act of 1994 (20 U.S.C.
9010) | 6 |
| if the Secretary of Education pays the costs of administering | 7 |
| the
assessments.
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| (e) Beginning no later than the 2005-2006 school year, | 9 |
| subject to
available federal funds to this State for the | 10 |
| purpose of student
assessment, the State Board of Education | 11 |
| shall provide additional tests
and assessment resources that | 12 |
| may be used by school districts for local
diagnostic purposes. | 13 |
| These tests and resources shall include without
limitation | 14 |
| additional high school writing, physical development and
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| health, and fine arts assessments. The State Board of Education | 16 |
| shall
annually distribute a listing of these additional tests | 17 |
| and resources,
using funds available from appropriations made | 18 |
| for student assessment
purposes.
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| (f) For the assessment and accountability purposes of this | 20 |
| Section,
"all pupils" includes those pupils enrolled in a | 21 |
| public or
State-operated elementary school, secondary school, | 22 |
| or cooperative or
joint agreement with a governing body or | 23 |
| board of control, a charter
school operating in compliance with | 24 |
| the Charter Schools Law, a school
operated by a regional office | 25 |
| of education under Section 13A-3 of this
Code, or a public | 26 |
| school administered by a local public agency or the
Department |
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| of Human Services.
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| (Source: P.A. 93-426, eff. 8-5-03; 93-838, eff. 7-30-04; | 3 |
| 93-857, eff. 8-3-04; 94-69, eff. 7-1-05; 94-642, eff. 1-1-06; | 4 |
| 94-875, eff. 7-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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