Full Text of HB6042 96th General Assembly
HB6042 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6042
Introduced 2/10/2010, 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. Beginning with the 2010-2011 school year, removes the requirement that the State Board of Education test pupils in the 3rd, 5th, 6th, and 8th grades in writing. Provides that beginning with the 2010-2011 school year, the State Board shall not test a student in writing as part of the Prairie State Achievement Examination. Effective July 1, 2010.
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A BILL FOR
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HB6042 |
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LRB096 19754 NHT 35182 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 until the 2010-2011 school year . After the addition | 21 |
| of grades and change in subjects as delineated in this | 22 |
| paragraph and including whatever other
tests that may be | 23 |
| approved from time to time no later than the
2005-2006 school | 24 |
| year, the maximum time allowed for all State testing in
grades | 25 |
| 3 through 8 shall not exceed 38 hours across 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 and beginning with the 2010-2011 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 and
identify by name the pupil who | 7 |
| received the reported results or scores; and
(iv) that the | 8 |
| 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 | 10 |
| school year the
scores
attained by
a student on the Prairie | 11 |
| State Achievement
Examination administered under subsection | 12 |
| (c) of this Section and any Prairie
State Achievement Awards | 13 |
| received by the student shall become part
of the student's | 14 |
| permanent record and shall be entered on the student's
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| transcript pursuant to regulations that the State Board of | 16 |
| Education shall
promulgate for that purpose in accordance with | 17 |
| Section 3 and subsection (e) of
Section 2 of the Illinois | 18 |
| School Student Records Act. Beginning with the
1998-1999 school | 19 |
| year and in every school year thereafter, scores received by
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| students on the State assessment tests administered in grades 3 | 21 |
| through 8 shall
be placed into students' temporary records.
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| The State Board of Education shall
establish a
period of | 23 |
| time, to be referred to as the State test window, in each | 24 |
| school year for which State
testing shall occur to meet the | 25 |
| objectives of this Section. However, if the
schools of a | 26 |
| district are closed and classes are not scheduled during any |
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| week
that is established by the State Board of Education as the | 2 |
| State test
window, the school district may
(at the discretion | 3 |
| of the State Board of Education) move its State test
window one | 4 |
| 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 | 6 |
| Education written notice of its
intention to deviate from the | 7 |
| established schedule by December 1 of the school
year in which | 8 |
| falls the State test window established by the State
Board of | 9 |
| Education for
the testing.
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| (a-5) All tests administered pursuant to this Section shall | 11 |
| be academically
based. For the purposes of this Section | 12 |
| "academically based tests" shall mean
tests consisting of | 13 |
| questions and answers that are measurable and quantifiable
to | 14 |
| measure the knowledge, skill, and ability of students in the | 15 |
| subject matters
covered by tests. The scoring of academically | 16 |
| based tests shall be reliable,
valid, unbiased and shall meet | 17 |
| the guidelines for test development and use
prescribed by the | 18 |
| American Psychological Association, the National Council of
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| Measurement and Evaluation, and the American Educational | 20 |
| Research Association.
Academically based tests shall not | 21 |
| include assessments or evaluations of
attitudes, values, or | 22 |
| beliefs, or testing of personality, self-esteem, or
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| self-concept. Nothing in this amendatory Act is intended, nor | 24 |
| shall it be
construed, to nullify, supersede, or contradict the | 25 |
| legislative intent on
academic testing expressed during the | 26 |
| passage of HB 1005/P.A. 90-296.
Nothing in this Section is |
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| intended, nor shall it be construed, to nullify,
supersede, or | 2 |
| contradict the legislative intent on academic testing
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| expressed in the preamble of this amendatory Act of the 93rd | 4 |
| General
Assembly.
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| The State Board of Education shall monitor the use of
short | 6 |
| answer
questions in the math
and reading assessments or in | 7 |
| other assessments in order to demonstrate that the use of short
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| answer questions results in a statistically significant | 9 |
| improvement in student
achievement as measured on the State | 10 |
| assessments for math and reading or on
other State assessments | 11 |
| 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 | 13 |
| districts
to continuously test pupil proficiency in the | 14 |
| fundamental learning areas in
order to: (i) provide timely | 15 |
| information on individual students' performance
relative to | 16 |
| State standards that is adequate to guide instructional | 17 |
| strategies;
(ii) improve future instruction; and (iii) | 18 |
| complement the information provided
by the State testing system | 19 |
| described in this Section. To assist
school districts in | 20 |
| testing pupil proficiency in reading in the primary grades,
the | 21 |
| State Board shall make optional reading inventories for | 22 |
| diagnostic purposes
available to each school district that | 23 |
| requests such assistance. Districts
that administer the | 24 |
| reading inventories may develop remediation programs for
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| students who perform in the bottom half of the student | 26 |
| population. Those
remediation programs may be funded by moneys |
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| provided under the School Safety
and Educational Improvement | 2 |
| Block Grant Program established under Section
2-3.51.5.
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| (c) Beginning with the 2000-2001 school year, each school | 4 |
| district that
operates a high school program for students in | 5 |
| grades 9 through 12 shall
annually administer the Prairie State | 6 |
| Achievement Examination
established under this subsection to | 7 |
| its students as set forth
below. The Prairie State Achievement | 8 |
| Examination shall be developed by
the State Board of Education | 9 |
| to measure student performance in the academic
areas of | 10 |
| reading, writing, mathematics, science, and social sciences. | 11 |
| Beginning with the 2004-2005 school year, however, the State | 12 |
| Board of Education shall not test a student in the social | 13 |
| sciences (history, geography, civics, economics, and | 14 |
| government) as part of the Prairie State Achievement | 15 |
| Examination unless the student is retaking the Prairie State | 16 |
| Achievement Examination in the fall of 2004. In addition, the | 17 |
| State Board of Education shall not test a student in writing as | 18 |
| part of the Prairie State Achievement Examination during the | 19 |
| 2005-2006 school year and beginning with the 2010-2011 school | 20 |
| year . The
State Board of Education shall establish the academic | 21 |
| standards that are to
apply in measuring student performance on | 22 |
| the Prairie State Achievement
Examination including the | 23 |
| minimum examination score in each area that will
qualify a | 24 |
| student to receive a Prairie State Achievement Award from the | 25 |
| State
in recognition of the student's excellent performance. | 26 |
| Each school district
that is subject to the requirements of |
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| this subsection (c) shall afford all
students one opportunity | 2 |
| to take the Prairie State Achievement Examination
beginning as | 3 |
| late as practical during the spring semester of grade 11, but | 4 |
| in
no event before March 1. The State Board of Education shall | 5 |
| annually notify
districts of the weeks during which this test | 6 |
| administration shall be
required to occur. Every | 7 |
| individualized educational program as described in
Article 14 | 8 |
| shall identify if the Prairie State Achievement Examination or
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| components thereof are appropriate for that student. Each | 10 |
| student, exclusive of
a student whose individualized | 11 |
| educational program developed under Article 14
identifies the | 12 |
| Prairie State Achievement Examination as inappropriate for the
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| student, shall be required to take the examination in grade 11. | 14 |
| For each
academic area the State Board of Education shall | 15 |
| establish the score that
qualifies for the Prairie State | 16 |
| Achievement Award on that portion of the
examination. Districts | 17 |
| shall inform their students of the
timelines and procedures | 18 |
| applicable to their participation in every yearly
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| administration of the Prairie State Achievement Examination. | 20 |
| Students
receiving special education services whose | 21 |
| individualized educational programs
identify the Prairie State | 22 |
| Achievement Examination as inappropriate for them
nevertheless | 23 |
| shall have the option of taking the examination, which shall be
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| administered to those students in accordance with standards | 25 |
| adopted by the
State Board of Education to accommodate the | 26 |
| respective disabilities of those
students. A student who |
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| successfully completes all other applicable high
school | 2 |
| graduation requirements but fails to receive a score on the | 3 |
| Prairie
State Achievement Examination that qualifies the | 4 |
| student for receipt of a
Prairie State Achievement Award shall | 5 |
| nevertheless qualify for the receipt
of a regular high school | 6 |
| diploma. In no case, however, shall a student receive a regular | 7 |
| high school diploma without taking the Prairie State | 8 |
| Achievement Examination, unless the student is exempted from | 9 |
| taking the Prairie State Achievement Examination under this | 10 |
| subsection (c) because (i) the student's individualized | 11 |
| educational program developed under Article 14 of this Code | 12 |
| identifies the Prairie State Achievement Examination as | 13 |
| inappropriate for the student, (ii) the student is exempt due | 14 |
| to the student's lack of English language proficiency under | 15 |
| subsection (a) of this Section, (iii) the student is enrolled | 16 |
| in a program of Adult and Continuing Education as defined in | 17 |
| the Adult Education Act, (iv) the school district is not | 18 |
| required to test the individual student for purposes of | 19 |
| accountability under federal No Child Left Behind Act of 2001 | 20 |
| requirements, or (v) the student is otherwise identified by the | 21 |
| State Board of Education through rules as being exempt from the | 22 |
| assessment.
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| (d) Beginning with the 2002-2003 school year, all schools | 24 |
| in this
State that are part of the sample drawn by the National | 25 |
| Center for
Education Statistics, in collaboration with their | 26 |
| school districts and the
State Board of Education, shall |
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| administer the biennial State academic
assessments of 4th and | 2 |
| 8th grade reading and mathematics under the
National Assessment | 3 |
| of Educational Progress carried out under Section 411(b)(2)
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| m11(b)(2) of the National Education Statistics Act of 1994 (20 | 5 |
| U.S.C.
9010) if the Secretary of Education pays the costs of | 6 |
| administering the
assessments.
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| (e) Beginning no later than the 2005-2006 school year, | 8 |
| subject to
available federal funds to this State for the | 9 |
| purpose of student
assessment, the State Board of Education | 10 |
| shall provide additional tests
and assessment resources that | 11 |
| may be used by school districts for local
diagnostic purposes. | 12 |
| These tests and resources shall include without
limitation | 13 |
| additional high school writing, physical development and
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| health, and fine arts assessments. The State Board of Education | 15 |
| shall
annually distribute a listing of these additional tests | 16 |
| and resources,
using funds available from appropriations made | 17 |
| for student assessment
purposes.
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| (f) For the assessment and accountability purposes of this | 19 |
| Section,
"all pupils" includes those pupils enrolled in a | 20 |
| public or
State-operated elementary school, secondary school, | 21 |
| or cooperative or
joint agreement with a governing body or | 22 |
| board of control, a charter
school operating in compliance with | 23 |
| the Charter Schools Law, a school
operated by a regional office | 24 |
| of education under Section 13A-3 of this
Code, or a public | 25 |
| school administered by a local public agency or the
Department | 26 |
| of Human Services.
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| (Source: P.A. 96-430, eff. 8-13-09; revised 11-3-09.)
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| Section 99. Effective date. This Act takes effect July 1, | 3 |
| 2010.
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