093_HB2352eng

 
HB2352 Engrossed                     LRB093 03343 NHT 03361 b

 1        AN  ACT to implement the federal No Child Left Behind Act
 2    of 2001.

 3        WHEREAS, The General Assembly supports enhancement of the
 4    current State  assessment  system  in  order  to  develop  an
 5    appropriate,  high-quality, statewide K-12 assessment system,
 6    based on the Illinois Learning Standards; and

 7        WHEREAS, This enhanced statewide assessment  system  must
 8    have  a  high level of credibility, reliability, and validity
 9    and must provide continuity with  the  assessment  system  in
10    place prior to the changes made by this amendatory Act of the
11    93rd General Assembly; and

12        WHEREAS,  The  changes  in  the assessment system made by
13    this amendatory Act of the 93rd General Assembly are a direct
14    result of the federal  No  Child  Left  Behind  Act  of  2001
15    (Public  Law  107-110),  which  requires  the  testing of all
16    students as well as enhancements to the system  in  order  to
17    provide  timely results that are meaningful and educationally
18    useful for educators, parents,  and  the  broader  community;
19    therefore

20        Be  it  enacted  by  the People of the State of Illinois,
21    represented in the General Assembly:

22        Section 5.   The  School  Code  is  amended  by  changing
23    Section 2-3.64 as follows:

24        (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
25        Sec. 2-3.64.  State goals and assessment.
26        (a)  Beginning  in  the  1998-1999 school year, the State
27    Board   of   Education   shall   establish   standards    and
28    periodically,  in  collaboration with local school districts,
29    conduct studies of student performance in the learning  areas
30    of fine arts and physical development/health.
 
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 1        Beginning  with  the  1998-1999  school  year  until  the
 2    2005-2006  school  year  at  the  latest,  the State Board of
 3    Education shall annually test: (i) all pupils enrolled in the
 4    3rd, 5th, and 8th grades in English language  arts  (reading,
 5    writing,  and  English grammar) and mathematics; and (ii) all
 6    pupils enrolled in the 4th and 7th grades in  the  biological
 7    and  physical  sciences  and  the  social  sciences (history,
 8    geography, civics, economics, and  government).  The  maximum
 9    time  allowed  for  all  actual  testing  required under this
10    paragraph shall not exceed 25 hours, as allocated  among  the
11    required  tests  by  the State Board of Education, across all
12    grades tested.
13        Beginning no later than the 2005-2006  school  year,  the
14    State  Board of Education shall annually test: (i) all pupils
15    enrolled in the 3rd, 4th, 5th, 6th, 7th, and  8th  grades  in
16    reading  and  mathematics;  (ii)  all pupils enrolled in 3rd,
17    4th, 6th,  and  8th  grades  in  writing;  (iii)  all  pupils
18    enrolled  in  the  4th  and  7th grades in the biological and
19    physical sciences; and (iv) all pupils enrolled  in  5th  and
20    8th  grades  in  the  social  sciences  (history,  geography,
21    economics,  civics,  and  government).  The  State  Board  of
22    Education  shall  sample  student performance in the learning
23    area of physical development and health in  grades  4  and  7
24    through  the  science  tests and in the learning area of fine
25    arts in grades 5 and 8 through  the  social  sciences  tests.
26    After  the  addition  of subjects and grades as delineated in
27    this paragraph and including whatever other tests that may be
28    approved from time to time no later than the 2005-2006 school
29    year, the maximum time  allowed  for  all  State  testing  in
30    grades  3  through  8  shall not exceed 40 hours across those
31    grades.
32        The State Board of Education shall establish the academic
33    standards that are to be applicable to pupils who are subject
34    to  State  tests  under  this  Section  beginning  with   the
 
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 1    1998-1999 school year.  However, the State Board of Education
 2    shall  not establish any such standards in final form without
 3    first providing opportunities for  public  participation  and
 4    local   input  in  the  development  of  the  final  academic
 5    standards.    Those    opportunities    shall    include    a
 6    well-publicized  period  of  public  comment, public hearings
 7    throughout the  State,  and  opportunities  to  file  written
 8    comments.    Beginning  with  the  1998-99  school  year  and
 9    thereafter, the State tests will identify pupils in  the  3rd
10    grade or 5th grade who do not meet the State standards.
11        If,   by   performance   on  the  State  tests  or  local
12    assessments or by teacher judgment, a  student's  performance
13    is determined to be 2 or more grades below current placement,
14    the student shall be provided a remediation program developed
15    by  the  district  in consultation with a parent or guardian.
16    Such remediation programs  may  include,  but  shall  not  be
17    limited  to,  increased or concentrated instructional time, a
18    remedial summer school program of not  less  than  90  hours,
19    improved   instructional   approaches,   tutorial   sessions,
20    retention   in  grade,  and  modifications  to  instructional
21    materials.  Each pupil for  whom  a  remediation  program  is
22    developed  under  this subsection shall be required to enroll
23    in and attend whatever program  the  district  determines  is
24    appropriate for the pupil.  Districts may combine students in
25    remediation programs where appropriate and may cooperate with
26    other districts in the design and delivery of those programs.
27    The  parent  or  guardian  of  a student required to attend a
28    remediation program under this Section shall be given written
29    notice  of  that  requirement  by  the  school   district   a
30    reasonable  time  prior  to  commencement  of the remediation
31    program that the student is to attend.  The  State  shall  be
32    responsible  for  providing school districts with the new and
33    additional funding, under Section 2-3.51.5  or  by  other  or
34    additional means, that is required to enable the districts to
 
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 1    operate  remediation programs for the pupils who are required
 2    to enroll in and attend those programs  under  this  Section.
 3    Every  individualized  educational  program  as  described in
 4    Article 14 shall identify if the  State  test  or  components
 5    thereof  are  appropriate  for that student. For those pupils
 6    for whom the  State  tests  or  components  thereof  are  not
 7    appropriate, The State Board of Education shall develop rules
 8    and  regulations  governing the administration of alternative
 9    tests  prescribed  within   each   student's   individualized
10    educational  program  which are appropriate to the disability
11    of each student.
12        All pupils who  are  in  a  State  approved  transitional
13    bilingual   education  program  or  transitional  program  of
14    instruction  shall  participate  in  the  State  tests.   Any
15    student who has been enrolled in a State  approved  bilingual
16    education  program  less than 3 cumulative academic years may
17    take an accommodated State test, to be known as the  Illinois
18    Measure  of  Annual  Growth  in  English  (IMAGE),  shall  be
19    exempted if the student's lack of English as determined by an
20    English language proficiency test would keep the student from
21    understanding  the regular State test. If the school district
22    determines, on a case-by-case individual  basis,  that  IMAGE
23    would  likely yield more accurate and reliable information on
24    what the student knows and can do, the  school  district  may
25    make  a determination to assess the student using IMAGE for a
26    period that does not exceed 2 additional  consecutive  years,
27    provided  that  the  student  has  not yet reached a level of
28    English language proficiency sufficient to  yield  valid  and
29    reliable  information on what the student knows and can do on
30    the regular State test., and that  student's  district  shall
31    have  an  alternative test program in place for that student.
32    The State Board of Education shall appoint a  task  force  of
33    concerned  parents, teachers, school administrators and other
34    professionals  to  assist  in  identifying  such  alternative
 
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 1    tests.
 2        Reasonable accommodations  as  prescribed  by  the  State
 3    Board  of Education shall be provided for individual students
 4    in the testing procedure.  All test procedures prescribed  by
 5    the  State  Board  of  Education shall require: (i) that each
 6    test used for State and  local  student  testing  under  this
 7    Section identify by name the pupil taking the test; (ii) that
 8    the  name  of the pupil taking the test be placed on the test
 9    at the time the test is taken;  (iii)  that  the  results  or
10    scores  of  each  test taken under this Section by a pupil of
11    the school district be reported to that district and identify
12    by name the  pupil  who  received  the  reported  results  or
13    scores;  and  (iv)  that  the  results or scores of each test
14    taken under this Section be made available to the parents  of
15    the  pupil.  In addition, beginning with the 2000-2001 school
16    year and in each school year thereafter, the  highest  scores
17    and  performance  levels attained by a student on the Prairie
18    State Achievement Examination administered  under  subsection
19    (c)  of this Section and any Prairie State Achievement Awards
20    received by the student shall become part  of  the  student's
21    permanent  record  and  shall  be  entered  on  the student's
22    transcript pursuant to regulations that the  State  Board  of
23    Education  shall  promulgate  for  that purpose in accordance
24    with Section 3  and  subsection  (e)  of  Section  2  of  the
25    Illinois  School  Student  Records  Act.   Beginning with the
26    1998-1999 school year and in every  school  year  thereafter,
27    scores  received  by  students  on the State assessment tests
28    administered in grades 3  through  8  shall  be  placed  into
29    students' temporary records.
30        The  State Board of Education shall establish a period of
31    time, to be referred to as  the  State  test  window,  common
32    month in each school year for which State testing shall occur
33    to  meet  the  objectives  of  this Section.  However, if the
34    schools  of  a  district  are  closed  and  classes  are  not
 
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 1    scheduled during any week that is established  by  the  State
 2    Board of Education as the State test window week of the month
 3    when State testing under this Section shall occur, the school
 4    district  may  (at  the  discretion  of  the  State  Board of
 5    Education) move its State test window one week earlier or one
 6    week later than the established State test window, administer
 7    the required  State  testing  at  any  time  up  to  2  weeks
 8    following   the  week  established  by  the  State  Board  of
 9    Education for the testing, so long  as  the  school  district
10    gives  the  State  Board  of  Education written notice of its
11    intention  to  deviate  from  the  established  schedule   by
12    December  1  of the school year in which falls the State test
13    window week established by the State Board of  Education  for
14    the testing.  The maximum time allowed for all actual testing
15    required  under  this subsection during the school year shall
16    not exceed 25 hours as allocated among the required tests  by
17    the State Board of Education.
18        (a-5)  All  tests  administered  pursuant to this Section
19    shall be  academically  based.   For  the  purposes  of  this
20    Section   "academically   based   tests"   shall  mean  tests
21    consisting of questions and answers that are  measurable  and
22    quantifiable  to measure the knowledge, skill, and ability of
23    students in  the  subject  matters  covered  by  tests.   The
24    scoring of academically based tests shall be reliable, valid,
25    unbiased  and  shall meet the guidelines for test development
26    and use prescribed by the American Psychological Association,
27    the National Council of Measurement and Evaluation,  and  the
28    American Educational Research Association. Academically based
29    tests   shall  not  include  assessments  or  evaluations  of
30    attitudes, values, or beliefs,  or  testing  of  personality,
31    self-esteem,  or self-concept. Nothing in this amendatory Act
32    is  intended,  nor  shall  it  be  construed,   to   nullify,
33    supersede,  or  contradict the legislative intent on academic
34    testing expressed during the passage of HB 1005/P.A.  90-296.
 
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 1    Nothing  in  this  Section  is  intended,  nor  shall  it  be
 2    construed,   to   nullify,   supersede,   or  contradict  the
 3    legislative intent  on  academic  testing  expressed  in  the
 4    preamble of this amendatory Act of the 93rd General Assembly.
 5        Beginning  in  the 1998-1999 school year, the State Board
 6    of Education may, on a pilot  basis,  include  in  the  State
 7    assessments in reading and math at each grade level tested no
 8    more  than  2  short answer questions, where students have to
 9    respond  in  brief  to   questions   or   prompts   or   show
10    computations,  rather  than select from alternatives that are
11    presented.  In the first year that such questions  are  used,
12    scores on the short answer questions shall not be reported on
13    an  individual student basis but shall be aggregated for each
14    school building in which the tests are  given.   State-level,
15    school,  and  district scores shall be reported both with and
16    without the results of the short answer questions so that the
17    effect of short  answer  questions  is  clearly  discernible.
18    Beginning in the second year of this pilot program, scores on
19    the  short  answer  questions  shall  be  reported both on an
20    individual student basis and on a school  building  basis  in
21    order   to  monitor  the  effects  of  teacher  training  and
22    curriculum improvements on score results.
23        The State Board of Education shall monitor  not  continue
24    the  use  of  short  answer questions in the math and reading
25    assessments or in other assessments in order to  demonstrate,
26    or   extend   the  use  of  such  questions  to  other  State
27    assessments, unless this pilot project demonstrates that  the
28    use  of  short  answer  questions  results in a statistically
29    significant improvement in student achievement as measured on
30    the State assessments for math and reading or on other  State
31    assessments  and  is justifiable in terms of cost and student
32    performance.
33        (b)  It shall be the policy of  the  State  to  encourage
34    school  districts  to  continuously test pupil proficiency in
 
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 1    the fundamental learning areas  in  order  to:   (i)  provide
 2    timely   information   on  individual  students'  performance
 3    relative  to  State  standards  that  is  adequate  to  guide
 4    instructional strategies; (ii)  improve  future  instruction;
 5    and  (iii)  complement  the information provided by the State
 6    testing system described in this  Section.   Each  district's
 7    school  improvement plan must address specific activities the
 8    district intends to implement to assist pupils who by teacher
 9    judgment and test results as prescribed in subsection (a)  of
10    this  Section  demonstrate  that  they  are not meeting State
11    standards or local objectives. Such activities  may  include,
12    but  shall  not be limited to, summer school, extended school
13    day,   special   homework,   tutorial   sessions,    modified
14    instructional   materials,   other   modifications   in   the
15    instructional  program,  reduced  class  size or retention in
16    grade.   To  assist  school  districts   in   testing   pupil
17    proficiency in reading in the primary grades, the State Board
18    shall   make  optional  reading  inventories  for  diagnostic
19    purposes available to each school district that requests such
20    assistance.    Districts   that   administer   the    reading
21    inventories may develop remediation programs for students who
22    perform  in the bottom half of the student population.  Those
23    remediation programs may be funded by moneys  provided  under
24    the  School  Safety  and  Educational Improvement Block Grant
25    Program established under Section 2-3.51.5.  Nothing in  this
26    Section  shall  prevent  school  districts  from implementing
27    testing and remediation  policies  for  grades  not  required
28    under this Section.
29        (c)  Beginning  with  the  2000-2001  school  year,  each
30    school  district  that  operates  a  high  school program for
31    students in grades 9 through 12 shall annually administer the
32    Prairie State Achievement Examination established under  this
33    subsection  to  its students as set forth below.  The Prairie
34    State Achievement Examination shall be developed by the State
 
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 1    Board of Education to  measure  student  performance  in  the
 2    academic areas of reading, writing, mathematics, science, and
 3    social   sciences.    The  State  Board  of  Education  shall
 4    establish  the  academic  standards  that  are  to  apply  in
 5    measuring  student   performance   on   the   Prairie   State
 6    Achievement  Examination  including  the  minimum examination
 7    score in each area that will qualify a student to  receive  a
 8    Prairie State Achievement Award from the State in recognition
 9    of the student's excellent performance.  Each school district
10    that  is  subject  to the requirements of this subsection (c)
11    shall afford all students 2 opportunities to take the Prairie
12    State Achievement Examination beginning as late as  practical
13    during  the  second  semester  of  grade  11, but in no event
14    before March 1.  The State Board of Education shall  annually
15    notify  districts  of  the  weeks  during  which  these  test
16    administrations   shall   be   required   to   occur.   Every
17    individualized educational program as described in Article 14
18    shall identify if the Prairie State  Achievement  Examination
19    or  components thereof are appropriate for that student. Each
20    student,  exclusive  of  a   student   whose   individualized
21    educational program developed under Article 14 identifies the
22    Prairie  State  Achievement  Examination as inappropriate for
23    the student, shall be required to  take  the  examination  in
24    grade  11.   For  each  academic  area  the  State  Board  of
25    Education  shall  establish  the score that qualifies for the
26    Prairie State  Achievement  Award  on  that  portion  of  the
27    examination.   Any  student  who  fails  to earn a qualifying
28    score for a Prairie State Achievement Award  in  any  one  or
29    more of the academic areas on the initial test administration
30    or  who  wishes to improve his or her score on any portion of
31    the examination shall be permitted to retake such portion  or
32    portions of the examination during grade 12.  Districts shall
33    inform   their  students  of  the  timelines  and  procedures
34    applicable   to   their   participation   in   every   yearly
 
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 1    administration of the Prairie State Achievement  Examination.
 2    Students   receiving   special   education   services   whose
 3    individualized  educational  programs  identify  the  Prairie
 4    State  Achievement  Examination  as  inappropriate  for  them
 5    nevertheless shall have the option of taking the examination,
 6    which  shall  be administered to those students in accordance
 7    with standards adopted  by the State Board  of  Education  to
 8    accommodate the respective disabilities of those students.  A
 9    student  who successfully completes all other applicable high
10    school graduation requirements but fails to receive  a  score
11    on  the  Prairie State Achievement Examination that qualifies
12    the student for receipt of a Prairie State Achievement  Award
13    shall  nevertheless qualify for the receipt of a regular high
14    school diploma.
15        (d)  Beginning  with  the  2002-2003  school  year,   all
16    schools  in  this  State that are part of the sample drawn by
17    the   National   Center   for   Education   Statistics,    in
18    collaboration with their school districts and the State Board
19    of  Education,  shall  administer the biennial State academic
20    assessments of 4th and  8th  grade  reading  and  mathematics
21    under the National Assessment of Educational Progress carried
22    out   under  Section  m11(b)(2)  of  the  National  Education
23    Statistics Act of 1994 (20 U.S.C. 9010) if the  Secretary  of
24    Education pays the costs of administering the assessments.
25        (e)  Beginning  no  later than the 2005-2006 school year,
26    subject to available federal funds  to  this  State  for  the
27    purpose  of  student assessment, the State Board of Education
28    shall provide additional tests and assessment resources  that
29    may   be  used  by  school  districts  for  local  diagnostic
30    purposes. These tests and  resources  shall  include  without
31    limitation   additional   high   school   writing,   physical
32    development  and health, and fine arts assessments. The State
33    Board of Education shall annually  distribute  a  listing  of
34    these  additional  tests and resources, using funds available
 
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 1    from appropriations made for student assessment purposes.
 2        (f) For the assessment  and  accountability  purposes  of
 3    this  Section, "all pupils" includes those pupils enrolled in
 4    a  public  or  State-operated  elementary  school,  secondary
 5    school, or cooperative or joint agreement  with  a  governing
 6    body  or  board  of  control,  a  charter school operating in
 7    compliance with the Charter Schools Law, a school operated by
 8    a regional office of education under Section  13A-3  of  this
 9    Code,  a  public  university laboratory school, Department of
10    Corrections  School  District  428,  a   residential   school
11    operated  by a State agency, and the Illinois Mathematics and
12    Science Academy.
13    (Source:  P.A. 91-283, eff. 7-29-99; 92-604, eff. 7-1-02.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.