093_HB2352ham001

 










                                     LRB093 03343 NHT 12272 a

 1                    AMENDMENT TO HOUSE BILL 2352

 2        AMENDMENT NO.     .  Amend House  Bill  2352  immediately
 3    below the title, by inserting the following:

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

 8        WHEREAS, This enhanced statewide assessment  system  must
 9    have  a  high level of credibility, reliability, and validity
10    and must provide continuity with  the  assessment  system  in
11    place prior to the changes made by this amendatory Act of the
12    93rd General Assembly; and

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

21    by  replacing  everything  after the enacting clause with the
22    following:
 
                            -2-      LRB093 03343 NHT 12272 a
 1        "Section 5.  The  School  Code  is  amended  by  changing
 2    Section 2-3.64 as follows:

 3        (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
 4        Sec. 2-3.64.  State goals and assessment.
 5        (a)  Beginning  in  the  1998-1999 school year, the State
 6    Board   of   Education   shall   establish   standards    and
 7    periodically,  in  collaboration with local school districts,
 8    conduct studies of student performance in the learning  areas
 9    of fine arts and physical development/health.
10        Beginning  with  the  1998-1999  school  year  until  the
11    2005-2006  school  year  at  the  latest,  the State Board of
12    Education shall annually test: (i) all pupils enrolled in the
13    3rd, 5th, and 8th grades in English language  arts  (reading,
14    writing,  and  English grammar) and mathematics; and (ii) all
15    pupils enrolled in the 4th and 7th grades in  the  biological
16    and  physical  sciences  and  the  social  sciences (history,
17    geography, civics, economics, and  government).  The  maximum
18    time  allowed  for  all  actual  testing  required under this
19    paragraph shall not exceed 25 hours, as allocated  among  the
20    required  tests  by  the State Board of Education, across all
21    grades tested.
22        Beginning no later than the 2005-2006  school  year,  the
23    State  Board of Education shall annually test: (i) all pupils
24    enrolled in the 3rd, 4th, 5th, 6th, 7th, and  8th  grades  in
25    reading  and  mathematics;  (ii)  all pupils enrolled in 3rd,
26    4th, 6th,  and  8th  grades  in  writing;  (iii)  all  pupils
27    enrolled  in  the  4th  and  7th grades in the biological and
28    physical sciences; and (iv) all pupils enrolled  in  5th  and
29    8th  grades  in  the  social  sciences  (history,  geography,
30    economics,  civics,  and  government).  The  State  Board  of
31    Education  shall  sample  student performance in the learning
32    area of physical development and health in  grades  4  and  7
33    through  the  science  tests and in the learning area of fine
 
                            -3-      LRB093 03343 NHT 12272 a
 1    arts in grades 5 and 8 through  the  social  sciences  tests.
 2    After  the  addition  of subjects and grades as delineated in
 3    this paragraph and including whatever other tests that may be
 4    approved from time to time no later than the 2005-2006 school
 5    year, the maximum time  allowed  for  all  State  testing  in
 6    grades  3  through  8  shall not exceed 40 hours across those
 7    grades.
 8        The State Board of Education shall establish the academic
 9    standards that are to be applicable to pupils who are subject
10    to  State  tests  under  this  Section  beginning  with   the
11    1998-1999 school year.  However, the State Board of Education
12    shall  not establish any such standards in final form without
13    first providing opportunities for  public  participation  and
14    local   input  in  the  development  of  the  final  academic
15    standards.    Those    opportunities    shall    include    a
16    well-publicized  period  of  public  comment, public hearings
17    throughout the  State,  and  opportunities  to  file  written
18    comments.    Beginning  with  the  1998-99  school  year  and
19    thereafter, the State tests will identify pupils in  the  3rd
20    grade or 5th grade who do not meet the State standards.
21        If,   by   performance   on  the  State  tests  or  local
22    assessments or by teacher judgment, a  student's  performance
23    is determined to be 2 or more grades below current placement,
24    the student shall be provided a remediation program developed
25    by  the  district  in consultation with a parent or guardian.
26    Such remediation programs  may  include,  but  shall  not  be
27    limited  to,  increased or concentrated instructional time, a
28    remedial summer school program of not  less  than  90  hours,
29    improved   instructional   approaches,   tutorial   sessions,
30    retention   in  grade,  and  modifications  to  instructional
31    materials.  Each pupil for  whom  a  remediation  program  is
32    developed  under  this subsection shall be required to enroll
33    in and attend whatever program  the  district  determines  is
34    appropriate for the pupil.  Districts may combine students in
 
                            -4-      LRB093 03343 NHT 12272 a
 1    remediation programs where appropriate and may cooperate with
 2    other districts in the design and delivery of those programs.
 3    The  parent  or  guardian  of  a student required to attend a
 4    remediation program under this Section shall be given written
 5    notice  of  that  requirement  by  the  school   district   a
 6    reasonable  time  prior  to  commencement  of the remediation
 7    program that the student is to attend.  The  State  shall  be
 8    responsible  for  providing school districts with the new and
 9    additional funding, under Section 2-3.51.5  or  by  other  or
10    additional means, that is required to enable the districts to
11    operate  remediation programs for the pupils who are required
12    to enroll in and attend those programs  under  this  Section.
13    Every  individualized  educational  program  as  described in
14    Article 14 shall identify if the  State  test  or  components
15    thereof  are  appropriate  for that student. For those pupils
16    for whom the  State  tests  or  components  thereof  are  not
17    appropriate, The State Board of Education shall develop rules
18    and  regulations  governing the administration of alternative
19    tests  prescribed  within   each   student's   individualized
20    educational  program  which are appropriate to the disability
21    of each student.
22        All pupils who  are  in  a  State  approved  transitional
23    bilingual   education  program  or  transitional  program  of
24    instruction  shall  participate  in  the  State  tests.   Any
25    student who has been enrolled in a State  approved  bilingual
26    education  program  less than 3 cumulative academic years may
27    take an accommodated State test, to be known as the  Illinois
28    Measure  of  Annual  Growth  in  English  (IMAGE),  shall  be
29    exempted if the student's lack of English as determined by an
30    English language proficiency test would keep the student from
31    understanding  the regular State test. If the school district
32    determines, on a case-by-case individual  basis,  that  IMAGE
33    would  likely yield more accurate and reliable information on
34    what the student knows and can do, the  school  district  may
 
                            -5-      LRB093 03343 NHT 12272 a
 1    make  a determination to assess the student using IMAGE for a
 2    period that does not exceed 2 additional  consecutive  years,
 3    provided  that  the  student  has  not yet reached a level of
 4    English language proficiency sufficient to  yield  valid  and
 5    reliable  information on what the student knows and can do on
 6    the regular State test., and that  student's  district  shall
 7    have  an  alternative test program in place for that student.
 8    The State Board of Education shall appoint a  task  force  of
 9    concerned  parents, teachers, school administrators and other
10    professionals  to  assist  in  identifying  such  alternative
11    tests.
12        Reasonable accommodations  as  prescribed  by  the  State
13    Board  of Education shall be provided for individual students
14    in the testing procedure.  All test procedures prescribed  by
15    the  State  Board  of  Education shall require: (i) that each
16    test used for State and  local  student  testing  under  this
17    Section identify by name the pupil taking the test; (ii) that
18    the  name  of the pupil taking the test be placed on the test
19    at the time the test is taken;  (iii)  that  the  results  or
20    scores  of  each  test taken under this Section by a pupil of
21    the school district be reported to that district and identify
22    by name the  pupil  who  received  the  reported  results  or
23    scores;  and  (iv)  that  the  results or scores of each test
24    taken under this Section be made available to the parents  of
25    the  pupil.  In addition, beginning with the 2000-2001 school
26    year and in each school year thereafter, the  highest  scores
27    and  performance  levels attained by a student on the Prairie
28    State Achievement Examination administered  under  subsection
29    (c)  of this Section and any Prairie State Achievement Awards
30    received by the student shall become part  of  the  student's
31    permanent  record  and  shall  be  entered  on  the student's
32    transcript pursuant to regulations that the  State  Board  of
33    Education  shall  promulgate  for  that purpose in accordance
34    with Section 3  and  subsection  (e)  of  Section  2  of  the
 
                            -6-      LRB093 03343 NHT 12272 a
 1    Illinois  School  Student  Records  Act.   Beginning with the
 2    1998-1999 school year and in every  school  year  thereafter,
 3    scores  received  by  students  on the State assessment tests
 4    administered in grades 3  through  8  shall  be  placed  into
 5    students' temporary records.
 6        The  State Board of Education shall establish a period of
 7    time, to be referred to as  the  State  test  window,  common
 8    month in each school year for which State testing shall occur
 9    to  meet  the  objectives  of  this Section.  However, if the
10    schools  of  a  district  are  closed  and  classes  are  not
11    scheduled during any week that is established  by  the  State
12    Board of Education as the State test window week of the month
13    when State testing under this Section shall occur, the school
14    district  may  (at  the  discretion  of  the  State  Board of
15    Education) move its State test window one week earlier or one
16    week later than the established State test window, administer
17    the required  State  testing  at  any  time  up  to  2  weeks
18    following   the  week  established  by  the  State  Board  of
19    Education for the testing, so long  as  the  school  district
20    gives  the  State  Board  of  Education written notice of its
21    intention  to  deviate  from  the  established  schedule   by
22    December  1  of the school year in which falls the State test
23    window week established by the State Board of  Education  for
24    the testing.  The maximum time allowed for all actual testing
25    required  under  this subsection during the school year shall
26    not exceed 25 hours as allocated among the required tests  by
27    the State Board of Education.
28        (a-5)  All  tests  administered  pursuant to this Section
29    shall be  academically  based.   For  the  purposes  of  this
30    Section   "academically   based   tests"   shall  mean  tests
31    consisting of questions and answers that are  measurable  and
32    quantifiable  to measure the knowledge, skill, and ability of
33    students in  the  subject  matters  covered  by  tests.   The
34    scoring of academically based tests shall be reliable, valid,
 
                            -7-      LRB093 03343 NHT 12272 a
 1    unbiased  and  shall meet the guidelines for test development
 2    and use prescribed by the American Psychological Association,
 3    the National Council of Measurement and Evaluation,  and  the
 4    American Educational Research Association. Academically based
 5    tests   shall  not  include  assessments  or  evaluations  of
 6    attitudes, values, or beliefs,  or  testing  of  personality,
 7    self-esteem,  or self-concept. Nothing in this amendatory Act
 8    is  intended,  nor  shall  it  be  construed,   to   nullify,
 9    supersede,  or  contradict the legislative intent on academic
10    testing expressed during the passage of HB 1005/P.A.  90-296.
11    Nothing  in  this  Section  is  intended,  nor  shall  it  be
12    construed,   to   nullify,   supersede,   or  contradict  the
13    legislative intent  on  academic  testing  expressed  in  the
14    preamble of this amendatory Act of the 93rd General Assembly.
15        Beginning  in  the 1998-1999 school year, the State Board
16    of Education may, on a pilot  basis,  include  in  the  State
17    assessments in reading and math at each grade level tested no
18    more  than  2  short answer questions, where students have to
19    respond  in  brief  to   questions   or   prompts   or   show
20    computations,  rather  than select from alternatives that are
21    presented.  In the first year that such questions  are  used,
22    scores on the short answer questions shall not be reported on
23    an  individual student basis but shall be aggregated for each
24    school building in which the tests are  given.   State-level,
25    school,  and  district scores shall be reported both with and
26    without the results of the short answer questions so that the
27    effect of short  answer  questions  is  clearly  discernible.
28    Beginning in the second year of this pilot program, scores on
29    the  short  answer  questions  shall  be  reported both on an
30    individual student basis and on a school  building  basis  in
31    order   to  monitor  the  effects  of  teacher  training  and
32    curriculum improvements on score results.
33        The State Board of Education shall monitor  not  continue
34    the  use  of  short  answer questions in the math and reading
 
                            -8-      LRB093 03343 NHT 12272 a
 1    assessments or in other assessments in order to  demonstrate,
 2    or   extend   the  use  of  such  questions  to  other  State
 3    assessments, unless this pilot project demonstrates that  the
 4    use  of  short  answer  questions  results in a statistically
 5    significant improvement in student achievement as measured on
 6    the State assessments for math and reading or on other  State
 7    assessments  and  is justifiable in terms of cost and student
 8    performance.
 9        (b)  It shall be the policy of  the  State  to  encourage
10    school  districts  to  continuously test pupil proficiency in
11    the fundamental learning areas  in  order  to:   (i)  provide
12    timely   information   on  individual  students'  performance
13    relative  to  State  standards  that  is  adequate  to  guide
14    instructional strategies; (ii)  improve  future  instruction;
15    and  (iii)  complement  the information provided by the State
16    testing system described in this  Section.   Each  district's
17    school  improvement plan must address specific activities the
18    district intends to implement to assist pupils who by teacher
19    judgment and test results as prescribed in subsection (a)  of
20    this  Section  demonstrate  that  they  are not meeting State
21    standards or local objectives. Such activities  may  include,
22    but  shall  not be limited to, summer school, extended school
23    day,   special   homework,   tutorial   sessions,    modified
24    instructional   materials,   other   modifications   in   the
25    instructional  program,  reduced  class  size or retention in
26    grade.   To  assist  school  districts   in   testing   pupil
27    proficiency in reading in the primary grades, the State Board
28    shall   make  optional  reading  inventories  for  diagnostic
29    purposes available to each school district that requests such
30    assistance.    Districts   that   administer   the    reading
31    inventories may develop remediation programs for students who
32    perform  in the bottom half of the student population.  Those
33    remediation programs may be funded by moneys  provided  under
34    the  School  Safety  and  Educational Improvement Block Grant
 
                            -9-      LRB093 03343 NHT 12272 a
 1    Program established under Section 2-3.51.5.  Nothing in  this
 2    Section  shall  prevent  school  districts  from implementing
 3    testing and remediation  policies  for  grades  not  required
 4    under this Section.
 5        (c)  Beginning  with  the  2000-2001  school  year,  each
 6    school  district  that  operates  a  high  school program for
 7    students in grades 9 through 12 shall annually administer the
 8    Prairie State Achievement Examination established under  this
 9    subsection  to  its students as set forth below.  The Prairie
10    State Achievement Examination shall be developed by the State
11    Board of Education to  measure  student  performance  in  the
12    academic areas of reading, writing, mathematics, science, and
13    social   sciences.    The  State  Board  of  Education  shall
14    establish  the  academic  standards  that  are  to  apply  in
15    measuring  student   performance   on   the   Prairie   State
16    Achievement  Examination  including  the  minimum examination
17    score in each area that will qualify a student to  receive  a
18    Prairie State Achievement Award from the State in recognition
19    of the student's excellent performance.  Each school district
20    that  is  subject  to the requirements of this subsection (c)
21    shall afford all students 2 opportunities to take the Prairie
22    State Achievement Examination beginning as late as  practical
23    during  the  second  semester  of  grade  11, but in no event
24    before March 1.  The State Board of Education shall  annually
25    notify  districts  of  the  weeks  during  which  these  test
26    administrations   shall   be   required   to   occur.   Every
27    individualized educational program as described in Article 14
28    shall identify if the Prairie State  Achievement  Examination
29    or  components thereof are appropriate for that student. Each
30    student,  exclusive  of  a   student   whose   individualized
31    educational program developed under Article 14 identifies the
32    Prairie  State  Achievement  Examination as inappropriate for
33    the student, shall be required to  take  the  examination  in
34    grade  11.   For  each  academic  area  the  State  Board  of
 
                            -10-     LRB093 03343 NHT 12272 a
 1    Education  shall  establish  the score that qualifies for the
 2    Prairie State  Achievement  Award  on  that  portion  of  the
 3    examination.   Any  student  who  fails  to earn a qualifying
 4    score for a Prairie State Achievement Award  in  any  one  or
 5    more of the academic areas on the initial test administration
 6    or  who  wishes to improve his or her score on any portion of
 7    the examination shall be permitted to retake such portion  or
 8    portions of the examination during grade 12.  Districts shall
 9    inform   their  students  of  the  timelines  and  procedures
10    applicable   to   their   participation   in   every   yearly
11    administration of the Prairie State Achievement  Examination.
12    Students   receiving   special   education   services   whose
13    individualized  educational  programs  identify  the  Prairie
14    State  Achievement  Examination  as  inappropriate  for  them
15    nevertheless shall have the option of taking the examination,
16    which  shall  be administered to those students in accordance
17    with standards adopted  by the State Board  of  Education  to
18    accommodate the respective disabilities of those students.  A
19    student  who successfully completes all other applicable high
20    school graduation requirements but fails to receive  a  score
21    on  the  Prairie State Achievement Examination that qualifies
22    the student for receipt of a Prairie State Achievement  Award
23    shall  nevertheless qualify for the receipt of a regular high
24    school diploma.
25        (d)  Beginning  with  the  2002-2003  school  year,   all
26    schools  in  this  State that are part of the sample drawn by
27    the   National   Center   for   Education   Statistics,    in
28    collaboration with their school districts and the State Board
29    of  Education,  shall  administer the biennial State academic
30    assessments of 4th and  8th  grade  reading  and  mathematics
31    under the National Assessment of Educational Progress carried
32    out   under  Section  m11(b)(2)  of  the  National  Education
33    Statistics Act of 1994 (20 U.S.C. 9010) if the  Secretary  of
34    Education pays the costs of administering the assessments.
 
                            -11-     LRB093 03343 NHT 12272 a
 1        (e)  Beginning  no  later than the 2005-2006 school year,
 2    subject to available federal funds  to  this  State  for  the
 3    purpose  of  student assessment, the State Board of Education
 4    shall provide additional tests and assessment resources  that
 5    may   be  used  by  school  districts  for  local  diagnostic
 6    purposes. These tests and  resources  shall  include  without
 7    limitation   additional   high   school   writing,   physical
 8    development  and health, and fine arts assessments. The State
 9    Board of Education shall annually  distribute  a  listing  of
10    these  additional  tests and resources, using funds available
11    from appropriations made for student assessment purposes.
12        (f) For the assessment  and  accountability  purposes  of
13    this  Section, "all pupils" includes those pupils enrolled in
14    a  public  or  State-operated  elementary  school,  secondary
15    school, or cooperative or joint agreement  with  a  governing
16    body  or  board  of  control,  a  charter school operating in
17    compliance with the Charter Schools Law, a school operated by
18    a regional office of education under Section  13A-3  of  this
19    Code,  a  public  university laboratory school, Department of
20    Corrections  School  District  428,  a   residential   school
21    operated  by a State agency, and the Illinois Mathematics and
22    Science Academy.
23    (Source:  P.A. 91-283, eff. 7-29-99; 92-604, eff. 7-1-02.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.".