State of Illinois
90th General Assembly
Legislation

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90_SB0560

          Amends the School Code.  Prohibits  the  State  Board  of
      Education  from  promulgating,  distributing,  or  basing any
      Board action on any list of  State  education  goals  or  any
      final  academic standards until such goals and standards have
      been  reviewed  and  ratified  by   the   General   Assembly.
      Effective immediately.
                                                     SRS90S0028KSsa
                                               SRS90S0028KSsa
 1        AN  ACT  to  amend  the  School Code in relation to State
 2    goals for education and academic standards.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.  The School Code is amended by adding Section
 6    2-3.63a and changing Section 2-3.64 as follows:
 7        (105 ILCS 5/2-3.63a new)
 8        Sec.  2-3.63a.   State  education   goals.    After   the
 9    effective  date  of  this  amendatory  Act of 1997, the State
10    Board of Education shall  be  prohibited  from  promulgating,
11    distributing,  or  basing  any  Board  action  on any list or
12    compilation of State goals for education,  by  whatever  name
13    called, unless such list has first been reviewed and ratified
14    by   the  General  Assembly  with  the  passage  of  a  joint
15    resolution.
16        (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
17        Sec. 2-3.64.  State standards goals and assessment.
18        (a)  Beginning in the  1992-93  school  year,  the  State
19    Board  of  Education  shall establish standards and annually,
20    through the 1997-1998 school year,   assess  the  performance
21    of:   (i)  all pupils enrolled in the 3rd, 6th, 8th, and 10th
22    grades  in  language   arts   (reading   and   writing)   and
23    mathematics;  and  (ii)  all pupils enrolled in the 4th, 7th,
24    and 11th grades  in  the  biological,  physical,  and  social
25    sciences.    Beginning  in the 1995-96 school year, the State
26    Board of Education shall establish standards and periodically
27    conduct,  through  the  1997-1998  school  year,  studies  of
28    student performance in the learning areas of  fine  arts  and
29    physical  development/health.    Beginning with the 1998-1999
30    school year, the State  Board  of  Education  shall  annually
                            -2-                SRS90S0028KSsa
 1    assess  the performance of all pupils enrolled in the 3rd and
 2    5th grades in the basic subjects  of  reading,  writing,  and
 3    mathematics.  The State Board of Education shall recommend to
 4    the General Assembly establish, in final form  by  August  6,
 5    1997  and  within  one  year after the effective date of this
 6    amendatory Act of 1996, the academic standards that are to be
 7    applicable to pupils who  are  subject  to  State  assessment
 8    under  this Section beginning with the 1998-1999 school year.
 9    However, The State Board of  Education  shall  not  recommend
10    establish  any  such  standards  in  final form without first
11    providing opportunities for public  participation  and  local
12    input  in  the  development  of the final academic standards.
13    Those opportunities shall include a well-publicized period of
14    public comment, public hearings  throughout  the  State,  and
15    opportunities  to file written comments.  Upon receipt of the
16    academic  standards  recommended  by  the  State   Board   of
17    Education,  the  General Assembly shall review the standards,
18    conduct public hearings, and ratify the standards, either  in
19    whole,  in  part,  or as amended, with the passage of a joint
20    resolution by no later than December 31, 1997.   No  academic
21    standards may be promulgated or distributed as final academic
22    standards,  nor  shall  the State Board of Education take any
23    action to implement such standards as final until  such  time
24    as  the standards have been ratified by the General Assembly.
25    Beginning with the 1998-99 school year and thereafter, pupils
26    in the 3rd grade or 5th grade  who,  by  performance  on  the
27    State assessment tests or by teacher judgement, demonstrate a
28    proficiency level comparable to the average pupil performance
29    2  or more grades below current placement shall be provided a
30    remediation program developed by the district in consultation
31    with a parent or  guardian.  Such  remediation  programs  may
32    include,   but   shall   not  be  limited  to,  increased  or
33    concentrated instructional time,  a  remedial  summer  school
34    program  of  not  less  than 90 hours, improved instructional
                            -3-                SRS90S0028KSsa
 1    approaches,  tutorial  sessions,  retention  in  grade,   and
 2    modifications to instructional materials. Each pupil for whom
 3    a  remediation  program  is  developed  under this subsection
 4    shall be required to enroll in and  attend  whatever  program
 5    the   district  determines  is  appropriate  for  the  pupil.
 6    Districts may combine students in remediation programs  where
 7    appropriate  and  may  cooperate  with other districts in the
 8    design  and  delivery  of  those  programs.   The  parent  or
 9    guardian of  a  student  required  to  attend  a  remediation
10    program  under  this Section shall be given written notice of
11    that requirement by the school  district  a  reasonable  time
12    prior  to  commencement  of  the remediation program that the
13    student is to attend. The  State  shall  be  responsible  for
14    providing  school  districts  with  the  new  and  additional
15    funding,  under  Section  2-3.51.5  or by other or additional
16    means, that is required to enable the  districts  to  operate
17    remediation  programs  for  the  pupils  who  are required to
18    enroll in and attend those programs under this Section. Every
19    individualized educational program as described in Article 14
20    shall identify if the State test or  components  thereof  are
21    appropriate  for that student.  For those pupils for whom the
22    State test or components thereof  are  not  appropriate,  the
23    State  Board of Education shall develop rules and regulations
24    governing  the  administration  of  alternative   assessments
25    prescribed  within  each student's individualized educational
26    program which are  appropriate  to  the  disability  of  each
27    student.  All pupils who are in a State approved transitional
28    bilingual   education  program  or  transitional  program  of
29    instruction shall participate in the State  assessment.   Any
30    student  who  has been enrolled in a State approved bilingual
31    education  program  less  than  3  academic  years  shall  be
32    exempted if the student's lack of English as determined by an
33    English language proficiency test would keep the student from
34    understanding the test, and  that  student's  district  shall
                            -4-                SRS90S0028KSsa
 1    have  an  alternative  assessment  program  in place for that
 2    student. The State Board of Education shall  appoint  a  task
 3    force  of  concerned parents, teachers, school administrators
 4    and  other  professionals  to  assist  in  identifying   such
 5    alternative assessment programs. Reasonable accommodations as
 6    prescribed  by the State Board of Education shall be provided
 7    for individual students in  the  assessment  procedure.   All
 8    assessment  procedures  prescribed  by  the  State  Board  of
 9    Education  shall  require:  (i) that each test used for State
10    and local  student  assessment  testing  under  this  Section
11    identify  by  name  the  pupil taking the test; (ii) that the
12    name of the pupil taking the test be placed on  the  test  at
13    the  time the test is taken; (iii) that the results or scores
14    of each test taken under this  Section  by  a  pupil  of  the
15    school  district be reported to that district and identify by
16    name the pupil who received the reported results  of  scores;
17    and  (iv) that the results or scores of each test taken under
18    this Section be made available to the parents of  the  pupil.
19    In  addition, beginning with the 1998-1999 school year and in
20    each school year thereafter, all scores received by a student
21    on  the  Illinois  Goals   and   Assessment   Program   tests
22    administered  by  the  State  Board  of  Education under this
23    Section and, beginning with the 1999-2000 school year and  in
24    each school year thereafter, on the Prairie State Achievement
25    Examination administered under subsection (c) of this Section
26    shall become part of the student's permanent record and shall
27    be  entered  therein  pursuant  to regulations that the State
28    Board of Education  shall  promulgate  for  that  purpose  in
29    accordance  with Section 3 and subsection (e) of Section 2 of
30    the Illinois School Student Records Act. The State  Board  of
31    Education  shall establish a common month in each school year
32    for which State testing shall occur to meet the objectives of
33    this Section.  However, if the  schools  of  a  district  are
34    closed  and classes are not scheduled during any week that is
                            -5-                SRS90S0028KSsa
 1    established by the State Board of Education as  the  week  of
 2    the  month when State testing under this Section shall occur,
 3    the school district may administer the required State testing
 4    at any time up to 2 weeks following the week  established  by
 5    the  State Board of Education for the testing, so long as the
 6    school district gives the State Board  of  Education  written
 7    notice  of  its  intention  to  deviate  from the established
 8    schedule by January 2 of the year in  which  falls  the  week
 9    established  by the State Board of Education for the testing.
10    The maximum time allowed  for  all  actual  testing  required
11    under this subsection during the school year shall not exceed
12    25  hours  as allocated among the required tests by the State
13    Board of Education.
14        (a-5)  The State Board  of  Education  shall  review  the
15    current   assessment   testing   schedule   applicable  under
16    subsection (a) on the effective date of this  amendatory  Act
17    of  1996  and  submit  a  plan to the General Assembly, on or
18    before December 31, 1996, to increase  the  effectiveness  of
19    the State assessment tests administered under that subsection
20    with respect to student diagnosis and to reduce the amount of
21    classroom  time spent administering those tests.  The General
22    Assembly may enact the  recommendations  made  by  the  State
23    Board of Education to maximize effectiveness and minimize the
24    hours and grade levels of testing.
25        (b)  It  shall  be  the  policy of the State to encourage
26    school districts to continuously  assess  pupil  proficiency.
27    Each district's school improvement plan must address specific
28    activities the district intends to implement to assist pupils
29    who by teacher judgement and assessment results as prescribed
30    in  subsection  (a) of this Section demonstrate that they are
31    not meeting State goals or local objectives. Such  activities
32    may  include,  but  shall  not  be limited to, summer school,
33    extended school day,  special  homework,  tutorial  sessions,
34    modified  instructional materials, other modifications in the
                            -6-                SRS90S0028KSsa
 1    instructional program, reduced class  size  or  retention  in
 2    grade.     To  assist  school  districts  in  assessing pupil
 3    proficiency in reading in the primary grades, the State Board
 4    shall  make  optional  reading  inventories  for   diagnostic
 5    purposes available to each school district that requests such
 6    assistance.     Districts   that   administer   the   reading
 7    inventories may develop remediation programs for students who
 8    perform in the bottom half of the student population.   Those
 9    remediation  programs  may be funded by moneys provided under
10    the School Safety and  Educational  Improvement  Block  Grant
11    Program  established  under Section 2-3.51.5. Nothing in this
12    Section shall  prevent  school  districts  from  implementing
13    testing  and  remediation  policies  for  grades not required
14    under this Section.
15        (c)  Beginning  with  the  1999-2000  school  year,  each
16    school district that  operates  a  high  school  program  for
17    students  in  grades  9 through 12 shall administer a Prairie
18    State Achievement Examination each year  to  its  12th  grade
19    students.   The  Prairie  State Achievement Examination shall
20    measure student performance in  the  5  fundamental  academic
21    areas  of  reading, writing, mathematics, science, and social
22    studies.  The State Board of Education  shall  establish  the
23    academic  standards  that  are  to apply in measuring student
24    performance on the Prairie State Achievement  Examination  in
25    those  5  fundamental  academic  areas, including the minimum
26    examination score that will  qualify  for  purposes  of  this
27    Section  as  a score that is excellent. A student whose score
28    on the Prairie State Achievement Examination is determined to
29    be excellent by the State Board of  Education  shall  receive
30    the  Prairie  State  Achievement  Award  from  the  State  in
31    recognition of the student's excellent performance. Each 12th
32    grade  student,  exclusive  of a student whose individualized
33    educational program  developed  under  Article  14  does  not
34    identify   the   Prairie  State  Achievement  Examination  as
                            -7-                SRS90S0028KSsa
 1    appropriate for the student, shall be required  to  take  the
 2    examination,  which  each school district shall administer to
 3    its 12th grade students in January of each school year.   The
 4    Prairie  State  Achievement Examination shall be administered
 5    by each school district a  second  time,  in  March  of  each
 6    school  year,  for  those  12th  grade  students  who fail to
 7    receive a score on the January examination that would qualify
 8    them to receive the Prairie State Achievement Award  and  who
 9    elect  to  take  the  March  examination  for  the purpose of
10    attempting to earn a score that will qualify them to  receive
11    that  award.  Students  who  will  graduate  from high school
12    before  entering  grade  12  shall  take  the  Prairie  State
13    Achievement Examination during the school year in which  they
14    will  graduate  from high school.  Students receiving special
15    education services whose individualized educational  programs
16    do  not identify the Prairie State Achievement Examination as
17    appropriate for them nevertheless shall have  the  option  of
18    taking  the examination, which shall be administered to those
19    students in accordance with standards adopted  by  the  State
20    Board of Education to accommodate the respective disabilities
21    of  those students.  A student who successfully completes all
22    other applicable  high  school  graduation  requirements  but
23    fails  to  receive  a  score on the Prairie State Achievement
24    Examination that qualifies the student  for  receipt  of  the
25    Prairie  State  Achievement  Award shall nevertheless qualify
26    for the receipt of a regular high school diploma.
27    (Source:  P.A. 88-192; 88-227; 88-670, eff. 12-2-94;  88-686,
28    eff. 1-24-95; 89-610, eff. 8-6-96.)
29        Section 99.  This Act takes effect upon becoming law.

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