Full Text of HB2944 098th General Assembly
HB2944 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2944 Introduced , by Rep. Scott Drury 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 State goals and assessment provisions of the School Code. With respect to the testing of all pupils enrolled in 3rd through 8th grade, provides that for assessment and accountability purposes,
"all pupils" includes those pupils enrolled in a nonpublic school recognized by the State Board of Education. Provides that testing of a nonpublic school pupil is at the discretion of his or her parent or guardian. Provides that the testing of nonpublic school pupils must be administered at a public school in the school district where the nonpublic school is located at the same time as the test is administered at that public school. Allows the State Board of Education and the school district to charge a reasonable fee to nonpublic school pupils to cover the costs of test administration. Makes related changes. Requires the State Board to adopt rules to implement the amendatory changes.
Effective July 1, 2013.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 | | 2-3.64 as follows:
| 6 | | (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
| 7 | | Sec. 2-3.64. State goals and assessment.
| 8 | | (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.
| 13 | | 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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| 1 | | (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
| 6 | | paragraph shall not exceed 25 hours, as allocated among the | 7 | | required
tests by the State Board of Education, across all | 8 | | grades tested.
| 9 | | 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
| 22 | | tests that may be approved from time to time no later than the
| 23 | | 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.
| 26 | | Beginning with the 2004-2005 school year, the State Board |
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| 1 | | 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.
| 7 | | 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
| 11 | | 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.
| 20 | | If, by performance on the State
tests or local assessments | 21 | | or by teacher judgment, the performance of a student, other | 22 | | than a student of a nonpublic school, a student's performance | 23 | | is
determined to be 2 or more grades below current placement, | 24 | | the student shall be
provided a remediation program developed | 25 | | by the district in consultation with a
parent or guardian. Such | 26 | | remediation programs may include, but shall not be
limited to, |
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| 1 | | increased or concentrated instructional time, a remedial | 2 | | summer
school program of not less than 90 hours (with an | 3 | | emphasis on reading and mathematics if the student has | 4 | | performed below grade level for 2 consecutive school years), | 5 | | improved instructional approaches,
tutorial sessions, | 6 | | retention in grade, and modifications to instructional
| 7 | | materials. Each pupil for whom a remediation program is | 8 | | developed under this
subsection shall be required to enroll in | 9 | | and attend whatever program the
district determines is | 10 | | appropriate for the pupil. Districts may combine
students in | 11 | | remediation programs where appropriate and may cooperate with | 12 | | other
districts in the design and delivery of those programs. | 13 | | The parent or guardian
of a student required to attend a | 14 | | remediation program under this Section shall
be given written | 15 | | notice of that requirement by the school district a reasonable
| 16 | | time prior to commencement of the remediation program that the | 17 | | student is to
attend. The State shall be responsible for | 18 | | providing school districts with the
new and additional funding, | 19 | | under Section 2-3.51.5 or by other or additional
means, that is | 20 | | required to enable the districts to operate remediation | 21 | | programs
for the pupils who are required to enroll in and | 22 | | attend those programs under
this Section. Every individualized | 23 | | educational program as described in Article
14 shall identify | 24 | | if the State test or components thereof are appropriate for
| 25 | | that student. The State Board of Education shall develop rules | 26 | | and
regulations governing the administration of alternative |
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| 1 | | tests prescribed within
each student's individualized | 2 | | educational program which are appropriate to the
disability of | 3 | | each student.
| 4 | | All pupils who are in a State approved
transitional | 5 | | bilingual education program or transitional program of | 6 | | instruction
shall participate in the State
tests. The time | 7 | | allotted to take the State tests, however, may be extended as
| 8 | | determined by the State Board of Education by rule. Any student | 9 | | who has been enrolled in a
State approved bilingual education | 10 | | program less than 3 cumulative academic
years may take an | 11 | | accommodated Limited English Proficient student academic | 12 | | content assessment, as determined by the State Board of | 13 | | Education, if the student's lack of English as determined by an | 14 | | English
language
proficiency test would keep the student from | 15 | | understanding the regular
State test. If the
school district | 16 | | determines, on a case-by-case individual basis,
that a Limited | 17 | | English Proficient student academic content assessment would | 18 | | likely yield more accurate and reliable information on
what the | 19 | | student knows and can do, the school district may make a
| 20 | | determination to assess the student using a Limited English | 21 | | Proficient student academic content assessment for a period | 22 | | that does
not exceed 2 additional consecutive years, provided | 23 | | that the student has
not yet reached a level of English | 24 | | language proficiency sufficient to yield
valid and reliable | 25 | | information on what the student knows and can do on
the regular | 26 | | State test.
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| 1 | | Reasonable accommodations as prescribed by
the State Board | 2 | | of Education shall be provided for individual students in the
| 3 | | testing procedure. All test procedures prescribed by the State | 4 | | Board of
Education shall require: (i) that each test used for | 5 | | State and local student
testing under this Section identify by | 6 | | name the pupil taking the test; (ii)
that the name of the pupil | 7 | | taking the test be placed on the test at the time
the test is | 8 | | taken; (iii) that the results or scores of each test taken | 9 | | under
this Section by a pupil of the school district or | 10 | | nonpublic school be reported to that district or nonpublic | 11 | | school and
identify by name the pupil who received the reported | 12 | | results or scores; and
(iv) that the results or scores of each | 13 | | test taken under this Section be made
available to the parents | 14 | | of the pupil. In addition, in each school year the
scores
| 15 | | attained by
a student on the Prairie State Achievement
| 16 | | Examination administered under subsection (c) of this Section | 17 | | and any Prairie
State Achievement Awards received by the | 18 | | student shall become part
of the student's permanent record and | 19 | | shall be entered on the student's
transcript pursuant to | 20 | | regulations that the State Board of Education shall
promulgate | 21 | | for that purpose in accordance with Section 3 and subsection | 22 | | (e) of
Section 2 of the Illinois School Student Records Act. | 23 | | Beginning with the
1998-1999 school year and in every school | 24 | | year thereafter, scores received by
students on the State | 25 | | assessment tests administered in grades 3 through 8 shall
be | 26 | | placed into students' temporary records.
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| 1 | | The State Board of Education shall
establish a
period of | 2 | | time, to be referred to as the State test window, in each | 3 | | school year for which State
testing shall occur to meet the | 4 | | objectives of this Section. However, if the
schools of a | 5 | | district are closed and classes are not scheduled during any | 6 | | week
that is established by the State Board of Education as the | 7 | | State test
window, the school district may
(at the discretion | 8 | | of the State Board of Education) move its State test
window one | 9 | | week earlier or one week later than the established State test
| 10 | | window, so long as
the school district gives the State Board of | 11 | | Education written notice of its
intention to deviate from the | 12 | | established schedule by December 1 of the school
year in which | 13 | | falls the State test window established by the State
Board of | 14 | | Education for
the testing.
| 15 | | (a-5) All tests administered pursuant to this Section shall | 16 | | be academically
based. For the purposes of this Section | 17 | | "academically based tests" shall mean
tests consisting of | 18 | | questions and answers that are measurable and quantifiable
to | 19 | | measure the knowledge, skill, and ability of students in the | 20 | | subject matters
covered by tests. The scoring of academically | 21 | | based tests shall be reliable,
valid, unbiased and shall meet | 22 | | the guidelines for test development and use
prescribed by the | 23 | | American Psychological Association, the National Council of
| 24 | | Measurement and Evaluation, and the American Educational | 25 | | Research Association.
Academically based tests shall not | 26 | | include assessments or evaluations of
attitudes, values, or |
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| 1 | | beliefs, or testing of personality, self-esteem, or
| 2 | | self-concept. Nothing in this amendatory Act is intended, nor | 3 | | shall it be
construed, to nullify, supersede, or contradict the | 4 | | legislative intent on
academic testing expressed during the | 5 | | passage of HB 1005/P.A. 90-296.
Nothing in this Section is | 6 | | intended, nor shall it be construed, to nullify,
supersede, or | 7 | | contradict the legislative intent on academic testing
| 8 | | expressed in the preamble of this amendatory Act of the 93rd | 9 | | General
Assembly.
| 10 | | The State Board of Education shall monitor the use of
short | 11 | | answer
questions in the math
and reading assessments or in | 12 | | other assessments in order to demonstrate that the use of short
| 13 | | answer questions results in a statistically significant | 14 | | improvement in student
achievement as measured on the State | 15 | | assessments for math and reading or on
other State assessments | 16 | | and is
justifiable in terms of cost and student performance.
| 17 | | (b) It shall be the policy of the State to encourage school | 18 | | districts
to continuously test pupil proficiency in the | 19 | | fundamental learning areas in
order to: (i) provide timely | 20 | | information on individual students' performance
relative to | 21 | | State standards that is adequate to guide instructional | 22 | | strategies;
(ii) improve future instruction; and (iii) | 23 | | complement the information provided
by the State testing system | 24 | | described in this Section. To assist
school districts in | 25 | | testing pupil proficiency in reading in the primary grades,
the | 26 | | State Board shall make optional reading inventories for |
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| 1 | | diagnostic purposes
available to each school district that | 2 | | requests such assistance. Districts
that administer the | 3 | | reading inventories may develop remediation programs for
| 4 | | students who perform in the bottom half of the student | 5 | | population. Those
remediation programs may be funded by moneys | 6 | | provided under the School Safety
and Educational Improvement | 7 | | Block Grant Program established under Section
2-3.51.5.
| 8 | | (c) Beginning with the 2000-2001 school year, each school | 9 | | district that
operates a high school program for students in | 10 | | grades 9 through 12 shall
annually administer the Prairie State | 11 | | Achievement Examination
established under this subsection to | 12 | | its students as set forth
below. The Prairie State Achievement | 13 | | Examination shall be developed by
the State Board of Education | 14 | | to measure student performance in the academic
areas of | 15 | | reading, writing, mathematics, science, and social sciences. | 16 | | Beginning with the 2004-2005 school year, however, the State | 17 | | Board of Education shall not test a student in the social | 18 | | sciences (history, geography, civics, economics, and | 19 | | government) as part of the Prairie State Achievement | 20 | | Examination unless the student is retaking the Prairie State | 21 | | Achievement Examination in the fall of 2004. In addition, the | 22 | | State Board of Education shall not test a student in writing as | 23 | | part of the Prairie State Achievement Examination during the | 24 | | 2005-2006 school year. The
State Board of Education shall | 25 | | establish the academic standards that are to
apply in measuring | 26 | | student performance on the Prairie State Achievement
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| 1 | | Examination including the minimum examination score in each | 2 | | area that will
qualify a student to receive a Prairie State | 3 | | Achievement Award from the State
in recognition of the | 4 | | student's excellent performance. Each school district
that is | 5 | | subject to the requirements of this subsection (c) shall afford | 6 | | all
students one opportunity to take the Prairie State | 7 | | Achievement Examination
beginning as late as practical during | 8 | | the spring semester of grade 11, but in
no event before March | 9 | | 1. The State Board of Education shall annually notify
districts | 10 | | of the weeks during which this test administration shall be
| 11 | | required to occur. Every individualized educational program as | 12 | | described in
Article 14 shall identify if the Prairie State | 13 | | Achievement Examination or
components thereof are appropriate | 14 | | for that student. Each student, exclusive of
a student whose | 15 | | individualized educational program developed under Article 14
| 16 | | identifies the Prairie State Achievement Examination as | 17 | | inappropriate for the
student, shall be required to take the | 18 | | examination in grade 11. For each
academic area the State Board | 19 | | of Education shall establish the score that
qualifies for the | 20 | | Prairie State Achievement Award on that portion of the
| 21 | | examination. Districts shall inform their students of the
| 22 | | timelines and procedures applicable to their participation in | 23 | | every yearly
administration of the Prairie State Achievement | 24 | | Examination. Students
receiving special education services | 25 | | whose individualized educational programs
identify the Prairie | 26 | | State Achievement Examination as inappropriate for them
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| 1 | | nevertheless shall have the option of taking the examination, | 2 | | which shall be
administered to those students in accordance | 3 | | with standards adopted by the
State Board of Education to | 4 | | accommodate the respective disabilities of those
students. A | 5 | | student who successfully completes all other applicable high
| 6 | | school graduation requirements but fails to receive a score on | 7 | | the Prairie
State Achievement Examination that qualifies the | 8 | | student for receipt of a
Prairie State Achievement Award shall | 9 | | nevertheless qualify for the receipt
of a regular high school | 10 | | diploma. In no case, however, shall a student receive a regular | 11 | | high school diploma without taking the Prairie State | 12 | | Achievement Examination, unless the student is exempted from | 13 | | taking the Prairie State Achievement Examination under this | 14 | | subsection (c) because (i) the student's individualized | 15 | | educational program developed under Article 14 of this Code | 16 | | identifies the Prairie State Achievement Examination as | 17 | | inappropriate for the student, (ii) the student is exempt due | 18 | | to the student's lack of English language proficiency under | 19 | | subsection (a) of this Section, (iii) the student is enrolled | 20 | | in a program of Adult and Continuing Education as defined in | 21 | | the Adult Education Act, (iv) the school district is not | 22 | | required to test the individual student for purposes of | 23 | | accountability under federal No Child Left Behind Act of 2001 | 24 | | requirements, or (v) the student is otherwise identified by the | 25 | | State Board of Education through rules as being exempt from the | 26 | | assessment.
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| 1 | | (d) Beginning with the 2002-2003 school year, all schools | 2 | | in this
State that are part of the sample drawn by the National | 3 | | Center for
Education Statistics, in collaboration with their | 4 | | school districts and the
State Board of Education, shall | 5 | | administer the biennial State academic
assessments of 4th and | 6 | | 8th grade reading and mathematics under the
National Assessment | 7 | | of Educational Progress carried out under Section 411(b)(2)
of | 8 | | the National Education Statistics Act of 1994 (20 U.S.C.
9010) | 9 | | if the Secretary of Education pays the costs of administering | 10 | | the
assessments.
| 11 | | (e) Beginning no later than the 2005-2006 school year, | 12 | | subject to
available federal funds to this State for the | 13 | | purpose of student
assessment, the State Board of Education | 14 | | shall provide additional tests
and assessment resources that | 15 | | may be used by school districts for local
diagnostic purposes. | 16 | | These tests and resources shall include without
limitation | 17 | | additional high school writing, physical development and
| 18 | | health, and fine arts assessments. The State Board of Education | 19 | | shall
annually distribute a listing of these additional tests | 20 | | and resources,
using funds available from appropriations made | 21 | | for student assessment
purposes.
| 22 | | (f) For the assessment and accountability purposes of this | 23 | | Section,
"all pupils" includes those pupils enrolled in a | 24 | | public or
State-operated elementary school, secondary school, | 25 | | or cooperative or
joint agreement with a governing body or | 26 | | board of control, a charter
school operating in compliance with |
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| 1 | | the Charter Schools Law, a school
operated by a regional office | 2 | | of education under Section 13A-3 of this
Code, or a public | 3 | | school administered by a local public agency or the
Department | 4 | | of Human Services , or a nonpublic school recognized by the | 5 | | State Board of Education . With respect to the testing of pupils | 6 | | attending nonpublic schools, testing of a pupil is at the | 7 | | discretion of his or her parent or guardian. The testing of | 8 | | nonpublic school pupils must be administered at a public school | 9 | | in the school district where the nonpublic school is located at | 10 | | the same time as the test is administered at that public | 11 | | school. The State Board of Education and the school district | 12 | | may charge a reasonable fee to nonpublic school pupils to cover | 13 | | the costs of test administration.
| 14 | | The State Board of Education shall adopt rules to implement | 15 | | the changes to this Section made by this amendatory Act of the | 16 | | 98th General Assembly. | 17 | | (Source: P.A. 96-430, eff. 8-13-09; 96-1000, eff. 7-2-10; | 18 | | 97-86, eff. 1-1-12.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2013.
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