Illinois General Assembly - Full Text of HB2944
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Full Text of HB2944  98th General Assembly

HB2944 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2944

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.64  from Ch. 122, par. 2-3.64

    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,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
52-3.64 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
9of Education shall establish standards and periodically, in
10collaboration with local school districts, conduct studies of
11student performance in the learning areas of fine arts and
12physical development/health.
13    Beginning with the 1998-1999 school year until the
142004-2005 school year, the State Board of Education shall
15annually test: (i) all pupils enrolled in the 3rd, 5th, and 8th
16grades in English language arts (reading, writing, and English
17grammar) and mathematics; and (ii) all pupils enrolled in the
184th and 7th grades in the biological and physical sciences and
19the social sciences (history, geography, civics, economics,
20and government). Unless the testing required to be implemented
21no later than the 2005-2006 school year under this subsection
22(a) is implemented for the 2004-2005 school year, for the
232004-2005 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
2English language arts (reading and English grammar) and
3mathematics and (ii) all pupils enrolled in the 4th and 7th
4grades in the biological and physical sciences. The maximum
5time allowed for all actual testing required under this
6paragraph shall not exceed 25 hours, as allocated among the
7required tests by the State Board of Education, across all
8grades tested.
9    Beginning no later than the 2005-2006 school year, the
10State Board of Education shall annually test: (i) all pupils
11enrolled in the 3rd, 4th, 5th, 6th, 7th, and 8th grades in
12reading and mathematics and (ii) all pupils enrolled in the 4th
13and 7th grades in the biological and physical sciences. In
14addition, the State Board of Education shall test (1) all
15pupils enrolled in the 5th and 8th grades in writing during the
162006-2007 school year; (2) all pupils enrolled in the 5th, 6th,
17and 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
19writing during the 2008-2009 school year and each school year
20thereafter. After the addition of grades and change in subjects
21as delineated in this paragraph and including whatever other
22tests that may be approved from time to time no later than the
232005-2006 school year, the maximum time allowed for all State
24testing in grades 3 through 8 shall not exceed 38 hours across
25those grades.
26    Beginning with the 2004-2005 school year, the State Board

 

 

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1of Education shall not test pupils under this subsection (a) in
2physical development and health, fine arts, and the social
3sciences (history, geography, civics, economics, and
4government). The State Board of Education shall not test pupils
5under this subsection (a) in writing during the 2005-2006
6school year.
7    The State Board of Education shall establish the academic
8standards that are to be applicable to pupils who are subject
9to State tests under this Section beginning with the 1998-1999
10school year. However, the State Board of Education shall not
11establish any such standards in final form without first
12providing opportunities for public participation and local
13input in the development of the final academic standards. Those
14opportunities shall include a well-publicized period of public
15comment, public hearings throughout the State, and
16opportunities to file written comments. Beginning with the
171998-99 school year and thereafter, the State tests will
18identify pupils in the 3rd grade or 5th grade who do not meet
19the State standards.
20    If, by performance on the State tests or local assessments
21or by teacher judgment, the performance of a student, other
22than a student of a nonpublic school, a student's performance
23is determined to be 2 or more grades below current placement,
24the student shall be provided a remediation program developed
25by the district in consultation with a parent or guardian. Such
26remediation programs may include, but shall not be limited to,

 

 

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1increased or concentrated instructional time, a remedial
2summer school program of not less than 90 hours (with an
3emphasis on reading and mathematics if the student has
4performed below grade level for 2 consecutive school years),
5improved instructional approaches, tutorial sessions,
6retention in grade, and modifications to instructional
7materials. Each pupil for whom a remediation program is
8developed under this subsection shall be required to enroll in
9and attend whatever program the district determines is
10appropriate for the pupil. Districts may combine students in
11remediation programs where appropriate and may cooperate with
12other districts in the design and delivery of those programs.
13The parent or guardian of a student required to attend a
14remediation program under this Section shall be given written
15notice of that requirement by the school district a reasonable
16time prior to commencement of the remediation program that the
17student is to attend. The State shall be responsible for
18providing school districts with the new and additional funding,
19under Section 2-3.51.5 or by other or additional means, that is
20required to enable the districts to operate remediation
21programs for the pupils who are required to enroll in and
22attend those programs under this Section. Every individualized
23educational program as described in Article 14 shall identify
24if the State test or components thereof are appropriate for
25that student. The State Board of Education shall develop rules
26and regulations governing the administration of alternative

 

 

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1tests prescribed within each student's individualized
2educational program which are appropriate to the disability of
3each student.
4    All pupils who are in a State approved transitional
5bilingual education program or transitional program of
6instruction shall participate in the State tests. The time
7allotted to take the State tests, however, may be extended as
8determined by the State Board of Education by rule. Any student
9who has been enrolled in a State approved bilingual education
10program less than 3 cumulative academic years may take an
11accommodated Limited English Proficient student academic
12content assessment, as determined by the State Board of
13Education, if the student's lack of English as determined by an
14English language proficiency test would keep the student from
15understanding the regular State test. If the school district
16determines, on a case-by-case individual basis, that a Limited
17English Proficient student academic content assessment would
18likely yield more accurate and reliable information on what the
19student knows and can do, the school district may make a
20determination to assess the student using a Limited English
21Proficient student academic content assessment for a period
22that does not exceed 2 additional consecutive years, provided
23that the student has not yet reached a level of English
24language proficiency sufficient to yield valid and reliable
25information on what the student knows and can do on the regular
26State test.

 

 

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1    Reasonable accommodations as prescribed by the State Board
2of Education shall be provided for individual students in the
3testing procedure. All test procedures prescribed by the State
4Board of Education shall require: (i) that each test used for
5State and local student testing under this Section identify by
6name the pupil taking the test; (ii) that the name of the pupil
7taking the test be placed on the test at the time the test is
8taken; (iii) that the results or scores of each test taken
9under this Section by a pupil of the school district or
10nonpublic school be reported to that district or nonpublic
11school and identify by name the pupil who received the reported
12results or scores; and (iv) that the results or scores of each
13test taken under this Section be made available to the parents
14of the pupil. In addition, in each school year the scores
15attained by a student on the Prairie State Achievement
16Examination administered under subsection (c) of this Section
17and any Prairie State Achievement Awards received by the
18student shall become part of the student's permanent record and
19shall be entered on the student's transcript pursuant to
20regulations that the State Board of Education shall promulgate
21for that purpose in accordance with Section 3 and subsection
22(e) of Section 2 of the Illinois School Student Records Act.
23Beginning with the 1998-1999 school year and in every school
24year thereafter, scores received by students on the State
25assessment tests administered in grades 3 through 8 shall be
26placed into students' temporary records.

 

 

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1    The State Board of Education shall establish a period of
2time, to be referred to as the State test window, in each
3school year for which State testing shall occur to meet the
4objectives of this Section. However, if the schools of a
5district are closed and classes are not scheduled during any
6week that is established by the State Board of Education as the
7State test window, the school district may (at the discretion
8of the State Board of Education) move its State test window one
9week earlier or one week later than the established State test
10window, so long as the school district gives the State Board of
11Education written notice of its intention to deviate from the
12established schedule by December 1 of the school year in which
13falls the State test window established by the State Board of
14Education for the testing.
15    (a-5) All tests administered pursuant to this Section shall
16be academically based. For the purposes of this Section
17"academically based tests" shall mean tests consisting of
18questions and answers that are measurable and quantifiable to
19measure the knowledge, skill, and ability of students in the
20subject matters covered by tests. The scoring of academically
21based tests shall be reliable, valid, unbiased and shall meet
22the guidelines for test development and use prescribed by the
23American Psychological Association, the National Council of
24Measurement and Evaluation, and the American Educational
25Research Association. Academically based tests shall not
26include assessments or evaluations of attitudes, values, or

 

 

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1beliefs, or testing of personality, self-esteem, or
2self-concept. Nothing in this amendatory Act is intended, nor
3shall it be construed, to nullify, supersede, or contradict the
4legislative intent on academic testing expressed during the
5passage of HB 1005/P.A. 90-296. Nothing in this Section is
6intended, nor shall it be construed, to nullify, supersede, or
7contradict the legislative intent on academic testing
8expressed in the preamble of this amendatory Act of the 93rd
9General Assembly.
10    The State Board of Education shall monitor the use of short
11answer questions in the math and reading assessments or in
12other assessments in order to demonstrate that the use of short
13answer questions results in a statistically significant
14improvement in student achievement as measured on the State
15assessments for math and reading or on other State assessments
16and is justifiable in terms of cost and student performance.
17    (b) It shall be the policy of the State to encourage school
18districts to continuously test pupil proficiency in the
19fundamental learning areas in order to: (i) provide timely
20information on individual students' performance relative to
21State standards that is adequate to guide instructional
22strategies; (ii) improve future instruction; and (iii)
23complement the information provided by the State testing system
24described in this Section. To assist school districts in
25testing pupil proficiency in reading in the primary grades, the
26State Board shall make optional reading inventories for

 

 

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1diagnostic purposes available to each school district that
2requests such assistance. Districts that administer the
3reading inventories may develop remediation programs for
4students who perform in the bottom half of the student
5population. Those remediation programs may be funded by moneys
6provided under the School Safety and Educational Improvement
7Block Grant Program established under Section 2-3.51.5.
8    (c) Beginning with the 2000-2001 school year, each school
9district that operates a high school program for students in
10grades 9 through 12 shall annually administer the Prairie State
11Achievement Examination established under this subsection to
12its students as set forth below. The Prairie State Achievement
13Examination shall be developed by the State Board of Education
14to measure student performance in the academic areas of
15reading, writing, mathematics, science, and social sciences.
16Beginning with the 2004-2005 school year, however, the State
17Board of Education shall not test a student in the social
18sciences (history, geography, civics, economics, and
19government) as part of the Prairie State Achievement
20Examination unless the student is retaking the Prairie State
21Achievement Examination in the fall of 2004. In addition, the
22State Board of Education shall not test a student in writing as
23part of the Prairie State Achievement Examination during the
242005-2006 school year. The State Board of Education shall
25establish the academic standards that are to apply in measuring
26student performance on the Prairie State Achievement

 

 

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1Examination including the minimum examination score in each
2area that will qualify a student to receive a Prairie State
3Achievement Award from the State in recognition of the
4student's excellent performance. Each school district that is
5subject to the requirements of this subsection (c) shall afford
6all students one opportunity to take the Prairie State
7Achievement Examination beginning as late as practical during
8the spring semester of grade 11, but in no event before March
91. The State Board of Education shall annually notify districts
10of the weeks during which this test administration shall be
11required to occur. Every individualized educational program as
12described in Article 14 shall identify if the Prairie State
13Achievement Examination or components thereof are appropriate
14for that student. Each student, exclusive of a student whose
15individualized educational program developed under Article 14
16identifies the Prairie State Achievement Examination as
17inappropriate for the student, shall be required to take the
18examination in grade 11. For each academic area the State Board
19of Education shall establish the score that qualifies for the
20Prairie State Achievement Award on that portion of the
21examination. Districts shall inform their students of the
22timelines and procedures applicable to their participation in
23every yearly administration of the Prairie State Achievement
24Examination. Students receiving special education services
25whose individualized educational programs identify the Prairie
26State Achievement Examination as inappropriate for them

 

 

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1nevertheless shall have the option of taking the examination,
2which shall be administered to those students in accordance
3with standards adopted by the State Board of Education to
4accommodate the respective disabilities of those students. A
5student who successfully completes all other applicable high
6school graduation requirements but fails to receive a score on
7the Prairie State Achievement Examination that qualifies the
8student for receipt of a Prairie State Achievement Award shall
9nevertheless qualify for the receipt of a regular high school
10diploma. In no case, however, shall a student receive a regular
11high school diploma without taking the Prairie State
12Achievement Examination, unless the student is exempted from
13taking the Prairie State Achievement Examination under this
14subsection (c) because (i) the student's individualized
15educational program developed under Article 14 of this Code
16identifies the Prairie State Achievement Examination as
17inappropriate for the student, (ii) the student is exempt due
18to the student's lack of English language proficiency under
19subsection (a) of this Section, (iii) the student is enrolled
20in a program of Adult and Continuing Education as defined in
21the Adult Education Act, (iv) the school district is not
22required to test the individual student for purposes of
23accountability under federal No Child Left Behind Act of 2001
24requirements, or (v) the student is otherwise identified by the
25State Board of Education through rules as being exempt from the
26assessment.

 

 

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1    (d) Beginning with the 2002-2003 school year, all schools
2in this State that are part of the sample drawn by the National
3Center for Education Statistics, in collaboration with their
4school districts and the State Board of Education, shall
5administer the biennial State academic assessments of 4th and
68th grade reading and mathematics under the National Assessment
7of Educational Progress carried out under Section 411(b)(2) of
8the National Education Statistics Act of 1994 (20 U.S.C. 9010)
9if the Secretary of Education pays the costs of administering
10the assessments.
11    (e) Beginning no later than the 2005-2006 school year,
12subject to available federal funds to this State for the
13purpose of student assessment, the State Board of Education
14shall provide additional tests and assessment resources that
15may be used by school districts for local diagnostic purposes.
16These tests and resources shall include without limitation
17additional high school writing, physical development and
18health, and fine arts assessments. The State Board of Education
19shall annually distribute a listing of these additional tests
20and resources, using funds available from appropriations made
21for student assessment purposes.
22    (f) For the assessment and accountability purposes of this
23Section, "all pupils" includes those pupils enrolled in a
24public or State-operated elementary school, secondary school,
25or cooperative or joint agreement with a governing body or
26board of control, a charter school operating in compliance with

 

 

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1the Charter Schools Law, a school operated by a regional office
2of education under Section 13A-3 of this Code, or a public
3school administered by a local public agency or the Department
4of Human Services, or a nonpublic school recognized by the
5State Board of Education. With respect to the testing of pupils
6attending nonpublic schools, testing of a pupil is at the
7discretion of his or her parent or guardian. The testing of
8nonpublic school pupils must be administered at a public school
9in the school district where the nonpublic school is located at
10the same time as the test is administered at that public
11school. The State Board of Education and the school district
12may charge a reasonable fee to nonpublic school pupils to cover
13the costs of test administration.
14    The State Board of Education shall adopt rules to implement
15the changes to this Section made by this amendatory Act of the
1698th General Assembly.
17(Source: P.A. 96-430, eff. 8-13-09; 96-1000, eff. 7-2-10;
1897-86, eff. 1-1-12.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202013.