Rep. La Shawn K. Ford

Filed: 3/22/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 497

2    AMENDMENT NO. ______. Amend House Bill 497 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1grammar) and mathematics; and (ii) all pupils enrolled in the
24th and 7th grades in the biological and physical sciences and
3the social sciences (history, geography, civics, economics,
4and government). Unless the testing required to be implemented
5no later than the 2005-2006 school year under this subsection
6(a) is implemented for the 2004-2005 school year, for the
72004-2005 school year, the State Board of Education shall test:
8(i) all pupils enrolled in the 3rd, 5th, and 8th grades in
9English language arts (reading and English grammar) and
10mathematics and (ii) all pupils enrolled in the 4th and 7th
11grades in the biological and physical sciences. The maximum
12time allowed for all actual testing required under this
13paragraph shall not exceed 25 hours, as allocated among the
14required tests by the State Board of Education, across all
15grades tested.
16    Beginning no later than the 2005-2006 school year, the
17State Board of Education shall annually test: (i) all pupils
18enrolled in the 3rd, 4th, 5th, 6th, 7th, and 8th grades in
19reading and mathematics and (ii) all pupils enrolled in the 4th
20and 7th grades in the biological and physical sciences. In
21addition, the State Board of Education shall test (1) all
22pupils enrolled in the 5th and 8th grades in writing during the
232006-2007 school year; (2) all pupils enrolled in the 5th, 6th,
24and 8th grades in writing during the 2007-2008 school year; and
25(3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in
26writing during the 2008-2009 school year and each school year

 

 

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1thereafter. After the addition of grades and change in subjects
2as delineated in this paragraph and including whatever other
3tests that may be approved from time to time no later than the
42005-2006 school year, the maximum time allowed for all State
5testing in grades 3 through 8 shall not exceed 38 hours across
6those grades.
7    Beginning with the 2004-2005 school year, the State Board
8of Education shall not test pupils under this subsection (a) in
9physical development and health, fine arts, and the social
10sciences (history, geography, civics, economics, and
11government). The State Board of Education shall not test pupils
12under this subsection (a) in writing during the 2005-2006
13school year.
14    The State Board of Education shall establish the academic
15standards that are to be applicable to pupils who are subject
16to State tests under this Section beginning with the 1998-1999
17school year. However, the State Board of Education shall not
18establish any such standards in final form without first
19providing opportunities for public participation and local
20input in the development of the final academic standards. Those
21opportunities shall include a well-publicized period of public
22comment, public hearings throughout the State, and
23opportunities to file written comments. Beginning with the
241998-99 school year and thereafter, the State tests will
25identify pupils in the 3rd grade or 5th grade who do not meet
26the State standards.

 

 

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1    If, by performance on the State tests or local assessments
2or by teacher judgment, a student's performance is determined
3to be 2 or more grades below current placement, the student
4shall be provided a remediation program developed by the
5district in consultation with a parent or guardian. Such
6remediation programs may include, but shall not be limited to,
7increased or concentrated instructional time, a remedial
8summer school program of not less than 90 hours (with an
9emphasis on reading and mathematics if the student has
10performed below grade level for 2 consecutive school years),
11improved instructional approaches, tutorial sessions,
12retention in grade, and modifications to instructional
13materials. Each pupil for whom a remediation program is
14developed under this subsection shall be required to enroll in
15and attend whatever program the district determines is
16appropriate for the pupil. Districts may combine students in
17remediation programs where appropriate and may cooperate with
18other districts in the design and delivery of those programs.
19The parent or guardian of a student required to attend a
20remediation program under this Section shall be given written
21notice of that requirement by the school district a reasonable
22time prior to commencement of the remediation program that the
23student is to attend. The State shall be responsible for
24providing school districts with the new and additional funding,
25under Section 2-3.51.5 or by other or additional means, that is
26required to enable the districts to operate remediation

 

 

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1programs for the pupils who are required to enroll in and
2attend those programs under this Section. Every individualized
3educational program as described in Article 14 shall identify
4if the State test or components thereof are appropriate for
5that student. The State Board of Education shall develop rules
6and regulations governing the administration of alternative
7tests prescribed within each student's individualized
8educational program which are appropriate to the disability of
9each student.
10    All pupils who are in a State approved transitional
11bilingual education program or transitional program of
12instruction shall participate in the State tests. The time
13allotted to take the State tests, however, may be extended as
14determined by the State Board of Education by rule. Any student
15who has been enrolled in a State approved bilingual education
16program less than 3 cumulative academic years may take an
17accommodated Limited English Proficient student academic
18content assessment, as determined by the State Board of
19Education, if the student's lack of English as determined by an
20English language proficiency test would keep the student from
21understanding the regular State test. If the school district
22determines, on a case-by-case individual basis, that a Limited
23English Proficient student academic content assessment would
24likely yield more accurate and reliable information on what the
25student knows and can do, the school district may make a
26determination to assess the student using a Limited English

 

 

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1Proficient student academic content assessment for a period
2that does not exceed 2 additional consecutive years, provided
3that the student has not yet reached a level of English
4language proficiency sufficient to yield valid and reliable
5information on what the student knows and can do on the regular
6State test.
7    Reasonable accommodations as prescribed by the State Board
8of Education shall be provided for individual students in the
9testing procedure. All test procedures prescribed by the State
10Board of Education shall require: (i) that each test used for
11State and local student testing under this Section identify by
12name the pupil taking the test; (ii) that the name of the pupil
13taking the test be placed on the test at the time the test is
14taken; (iii) that the results or scores of each test taken
15under this Section by a pupil of the school district be
16reported to that district and identify by name the pupil who
17received the reported results or scores; and (iv) that the
18results or scores of each test taken under this Section be made
19available to the parents of the pupil. In addition, in each
20school year the scores attained by a student on the Prairie
21State Achievement Examination administered under subsection
22(c) of this Section and any Prairie State Achievement Awards
23received by the student shall become part of the student's
24permanent record and shall be entered on the student's
25transcript pursuant to regulations that the State Board of
26Education shall promulgate for that purpose in accordance with

 

 

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1Section 3 and subsection (e) of Section 2 of the Illinois
2School Student Records Act. Beginning with the 1998-1999 school
3year and in every school year thereafter, scores received by
4students on the State assessment tests administered in grades 3
5through 8 shall be placed into students' temporary records.
6    The State Board of Education shall establish a period of
7time, to be referred to as the State test window, in each
8school year for which State testing shall occur to meet the
9objectives of this Section. However, if the schools of a
10district are closed and classes are not scheduled during any
11week that is established by the State Board of Education as the
12State test window, the school district may (at the discretion
13of the State Board of Education) move its State test window one
14week earlier or one week later than the established State test
15window, so long as the school district gives the State Board of
16Education written notice of its intention to deviate from the
17established schedule by December 1 of the school year in which
18falls the State test window established by the State Board of
19Education for the testing.
20    (a-5) All tests administered pursuant to this Section shall
21be academically based. For the purposes of this Section
22"academically based tests" shall mean tests consisting of
23questions and answers that are measurable and quantifiable to
24measure the knowledge, skill, and ability of students in the
25subject matters covered by tests. The scoring of academically
26based tests shall be reliable, valid, unbiased and shall meet

 

 

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1the guidelines for test development and use prescribed by the
2American Psychological Association, the National Council of
3Measurement and Evaluation, and the American Educational
4Research Association. Academically based tests shall not
5include assessments or evaluations of attitudes, values, or
6beliefs, or testing of personality, self-esteem, or
7self-concept. Nothing in this amendatory Act is intended, nor
8shall it be construed, to nullify, supersede, or contradict the
9legislative intent on academic testing expressed during the
10passage of HB 1005/P.A. 90-296. Nothing in this Section is
11intended, nor shall it be construed, to nullify, supersede, or
12contradict the legislative intent on academic testing
13expressed in the preamble of this amendatory Act of the 93rd
14General Assembly.
15    The State Board of Education shall monitor the use of short
16answer questions in the math and reading assessments or in
17other assessments in order to demonstrate that the use of short
18answer questions results in a statistically significant
19improvement in student achievement as measured on the State
20assessments for math and reading or on other State assessments
21and is justifiable in terms of cost and student performance.
22    (b) It shall be the policy of the State to encourage school
23districts to continuously test pupil proficiency in the
24fundamental learning areas in order to: (i) provide timely
25information on individual students' performance relative to
26State standards that is adequate to guide instructional

 

 

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1strategies; (ii) improve future instruction; and (iii)
2complement the information provided by the State testing system
3described in this Section. To assist school districts in
4testing pupil proficiency in reading in the primary grades, the
5State Board shall make optional reading inventories for
6diagnostic purposes available to each school district that
7requests such assistance. Districts that administer the
8reading inventories may develop remediation programs for
9students who perform in the bottom half of the student
10population. Those remediation programs may be funded by moneys
11provided under the School Safety and Educational Improvement
12Block Grant Program established under Section 2-3.51.5.
13    (c) Beginning with the 2000-2001 school year, each school
14district that operates a high school program for students in
15grades 9 through 12 shall annually administer the Prairie State
16Achievement Examination established under this subsection to
17its students as set forth below. The Prairie State Achievement
18Examination shall be developed by the State Board of Education
19to measure student performance in the academic areas of
20reading, writing, mathematics, science, and social sciences.
21Beginning with the 2004-2005 school year, however, the State
22Board of Education shall not test a student in the social
23sciences (history, geography, civics, economics, and
24government) as part of the Prairie State Achievement
25Examination unless the student is retaking the Prairie State
26Achievement Examination in the fall of 2004. In addition, the

 

 

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1State Board of Education shall not test a student in writing as
2part of the Prairie State Achievement Examination during the
32005-2006 school year. The State Board of Education shall
4establish the academic standards that are to apply in measuring
5student performance on the Prairie State Achievement
6Examination including the minimum examination score in each
7area that will qualify a student to receive a Prairie State
8Achievement Award from the State in recognition of the
9student's excellent performance. Each school district that is
10subject to the requirements of this subsection (c) shall afford
11all students one opportunity to take the Prairie State
12Achievement Examination beginning as late as practical during
13the spring semester of grade 11, but in no event before March
141. The State Board of Education shall annually notify districts
15of the weeks during which this test administration shall be
16required to occur. Every individualized educational program as
17described in Article 14 shall identify if the Prairie State
18Achievement Examination or components thereof are appropriate
19for that student. Each student, exclusive of a student whose
20individualized educational program developed under Article 14
21identifies the Prairie State Achievement Examination as
22inappropriate for the student, shall be required to take the
23examination in grade 11. For each academic area the State Board
24of Education shall establish the score that qualifies for the
25Prairie State Achievement Award on that portion of the
26examination. Districts shall inform their students of the

 

 

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1timelines and procedures applicable to their participation in
2every yearly administration of the Prairie State Achievement
3Examination. Students receiving special education services
4whose individualized educational programs identify the Prairie
5State Achievement Examination as inappropriate for them
6nevertheless shall have the option of taking the examination,
7which shall be administered to those students in accordance
8with standards adopted by the State Board of Education to
9accommodate the respective disabilities of those students. A
10student who successfully completes all other applicable high
11school graduation requirements but fails to receive a score on
12the Prairie State Achievement Examination that qualifies the
13student for receipt of a Prairie State Achievement Award shall
14nevertheless qualify for the receipt of a regular high school
15diploma. In no case, however, shall a student receive a regular
16high school diploma without taking the Prairie State
17Achievement Examination, unless the student is exempted from
18taking the Prairie State Achievement Examination under this
19subsection (c) because (i) the student's individualized
20educational program developed under Article 14 of this Code
21identifies the Prairie State Achievement Examination as
22inappropriate for the student, (ii) the student is exempt due
23to the student's lack of English language proficiency under
24subsection (a) of this Section, (iii) the student is enrolled
25in a program of Adult and Continuing Education as defined in
26the Adult Education Act, (iv) the school district is not

 

 

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1required to test the individual student for purposes of
2accountability under federal No Child Left Behind Act of 2001
3requirements, or (v) the student is otherwise identified by the
4State Board of Education through rules as being exempt from the
5assessment.
6    (d) Beginning with the 2002-2003 school year, all schools
7in this State that are part of the sample drawn by the National
8Center for Education Statistics, in collaboration with their
9school districts and the State Board of Education, shall
10administer the biennial State academic assessments of 4th and
118th grade reading and mathematics under the National Assessment
12of Educational Progress carried out under Section 411(b)(2) of
13the National Education Statistics Act of 1994 (20 U.S.C. 9010)
14if the Secretary of Education pays the costs of administering
15the assessments.
16    (e) Beginning no later than the 2005-2006 school year,
17subject to available federal funds to this State for the
18purpose of student assessment, the State Board of Education
19shall provide additional tests and assessment resources that
20may be used by school districts for local diagnostic purposes.
21These tests and resources shall include without limitation
22additional high school writing, physical development and
23health, and fine arts assessments. The State Board of Education
24shall annually distribute a listing of these additional tests
25and resources, using funds available from appropriations made
26for student assessment purposes.

 

 

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1    (f) For the assessment and accountability purposes of this
2Section, "all pupils" includes those pupils enrolled in a
3public or State-operated elementary school, secondary school,
4or cooperative or joint agreement with a governing body or
5board of control, a charter school operating in compliance with
6the Charter Schools Law, a school operated by a regional office
7of education under Section 13A-3 of this Code, or a public
8school administered by a local public agency or the Department
9of Human Services.
10    (g) The State Board of Education shall conduct a study on
11the impact and effectiveness of standardized testing. The study
12shall report on (i) the cost of tests, (ii) the results of
13tests by race, gender, and zip code, and (iii) school board
14action plans for students not meeting State benchmarks and for
15those students exceeding State benchmarks.
16(Source: P.A. 96-430, eff. 8-13-09; 96-1000, eff. 7-2-10;
1797-86, eff. 1-1-12.)".