Rep. LaShawn K. Ford

Filed: 2/17/2011





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2    AMENDMENT NO. ______. Amend House Bill 139 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 below standards or at the academic warning level after a
4State test 2 or more grades below current placement, the
5student shall be provided a remediation program developed by
6the district in consultation with a parent or guardian. Such
7remediation programs may include, but shall not be limited to,
8increased or concentrated instructional time, a remedial
9summer school program of not less than 90 hours, improved
10instructional approaches, tutorial sessions, retention in
11grade, and modifications to instructional materials. If a
12student is below standards or at the academic warning level for
132 consecutive school years, then the student shall attend a
14basic skills summer school program for not less than 90 hours
15in reading and mathematics. The student's teacher may waive
16this summer school requirement if it is found that the student
17is learning at grade level. Children with disabilities, as
18defined in Article 14 of this Code, are exempt from attending a
19basic skills summer school program. Each pupil for whom a
20remediation program is developed under this subsection shall be
21required to enroll in and attend whatever program the district
22determines is appropriate for the pupil. Districts may combine
23students in remediation programs where appropriate and may
24cooperate with other districts in the design and delivery of
25those programs. The parent or guardian of a student required to
26attend a remediation program under this Section shall be given



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1written notice of that requirement by the school district a
2reasonable time prior to commencement of the remediation
3program that the student is to attend. The State shall be
4responsible for providing school districts with the new and
5additional funding, under Section 2-3.51.5 or by other or
6additional means, that is required to enable the districts to
7operate remediation programs for the pupils who are required to
8enroll in and attend those programs under this Section. Every
9individualized educational program as described in Article 14
10shall identify if the State test or components thereof are
11appropriate for that student. The State Board of Education
12shall develop rules and regulations governing the
13administration of alternative tests prescribed within each
14student's individualized educational program which are
15appropriate to the disability of each student.
16    All pupils who are in a State approved transitional
17bilingual education program or transitional program of
18instruction shall participate in the State tests. The time
19allotted to take the State tests, however, may be extended as
20determined by the State Board of Education by rule. Any student
21who has been enrolled in a State approved bilingual education
22program less than 3 cumulative academic years may take an
23accommodated Limited English Proficient student academic
24content assessment, as determined by the State Board of
25Education, if the student's lack of English as determined by an
26English language proficiency test would keep the student from



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1understanding the regular State test. If the school district
2determines, on a case-by-case individual basis, that a Limited
3English Proficient student academic content assessment would
4likely yield more accurate and reliable information on what the
5student knows and can do, the school district may make a
6determination to assess the student using a Limited English
7Proficient student academic content assessment for a period
8that does not exceed 2 additional consecutive years, provided
9that the student has not yet reached a level of English
10language proficiency sufficient to yield valid and reliable
11information on what the student knows and can do on the regular
12State test.
13    Reasonable accommodations as prescribed by the State Board
14of Education shall be provided for individual students in the
15testing procedure. All test procedures prescribed by the State
16Board of Education shall require: (i) that each test used for
17State and local student testing under this Section identify by
18name the pupil taking the test; (ii) that the name of the pupil
19taking the test be placed on the test at the time the test is
20taken; (iii) that the results or scores of each test taken
21under this Section by a pupil of the school district be
22reported to that district and identify by name the pupil who
23received the reported results or scores; and (iv) that the
24results or scores of each test taken under this Section be made
25available to the parents of the pupil. In addition, in each
26school year the scores attained by a student on the Prairie



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1State Achievement Examination administered under subsection
2(c) of this Section and any Prairie State Achievement Awards
3received by the student shall become part of the student's
4permanent record and shall be entered on the student's
5transcript pursuant to regulations that the State Board of
6Education shall promulgate for that purpose in accordance with
7Section 3 and subsection (e) of Section 2 of the Illinois
8School Student Records Act. Beginning with the 1998-1999 school
9year and in every school year thereafter, scores received by
10students on the State assessment tests administered in grades 3
11through 8 shall be placed into students' temporary records.
12    The State Board of Education shall establish a period of
13time, to be referred to as the State test window, in each
14school year for which State testing shall occur to meet the
15objectives of this Section. However, if the schools of a
16district are closed and classes are not scheduled during any
17week that is established by the State Board of Education as the
18State test window, the school district may (at the discretion
19of the State Board of Education) move its State test window one
20week earlier or one week later than the established State test
21window, so long as the school district gives the State Board of
22Education written notice of its intention to deviate from the
23established schedule by December 1 of the school year in which
24falls the State test window established by the State Board of
25Education for the testing.
26    (a-5) All tests administered pursuant to this Section shall



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1be academically based. For the purposes of this Section
2"academically based tests" shall mean tests consisting of
3questions and answers that are measurable and quantifiable to
4measure the knowledge, skill, and ability of students in the
5subject matters covered by tests. The scoring of academically
6based tests shall be reliable, valid, unbiased and shall meet
7the guidelines for test development and use prescribed by the
8American Psychological Association, the National Council of
9Measurement and Evaluation, and the American Educational
10Research Association. Academically based tests shall not
11include assessments or evaluations of attitudes, values, or
12beliefs, or testing of personality, self-esteem, or
13self-concept. Nothing in this amendatory Act is intended, nor
14shall it be construed, to nullify, supersede, or contradict the
15legislative intent on academic testing expressed during the
16passage of HB 1005/P.A. 90-296. Nothing in this Section is
17intended, nor shall it be construed, to nullify, supersede, or
18contradict the legislative intent on academic testing
19expressed in the preamble of this amendatory Act of the 93rd
20General Assembly.
21    The State Board of Education shall monitor the use of short
22answer questions in the math and reading assessments or in
23other assessments in order to demonstrate that the use of short
24answer questions results in a statistically significant
25improvement in student achievement as measured on the State
26assessments for math and reading or on other State assessments



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1and is justifiable in terms of cost and student performance.
2    (b) It shall be the policy of the State to encourage school
3districts to continuously test pupil proficiency in the
4fundamental learning areas in order to: (i) provide timely
5information on individual students' performance relative to
6State standards that is adequate to guide instructional
7strategies; (ii) improve future instruction; and (iii)
8complement the information provided by the State testing system
9described in this Section. To assist school districts in
10testing pupil proficiency in reading in the primary grades, the
11State Board shall make optional reading inventories for
12diagnostic purposes available to each school district that
13requests such assistance. Districts that administer the
14reading inventories may develop remediation programs for
15students who perform in the bottom half of the student
16population. Those remediation programs may be funded by moneys
17provided under the School Safety and Educational Improvement
18Block Grant Program established under Section 2-3.51.5.
19    (c) Beginning with the 2000-2001 school year, each school
20district that operates a high school program for students in
21grades 9 through 12 shall annually administer the Prairie State
22Achievement Examination established under this subsection to
23its students as set forth below. The Prairie State Achievement
24Examination shall be developed by the State Board of Education
25to measure student performance in the academic areas of
26reading, writing, mathematics, science, and social sciences.



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1Beginning with the 2004-2005 school year, however, the State
2Board of Education shall not test a student in the social
3sciences (history, geography, civics, economics, and
4government) as part of the Prairie State Achievement
5Examination unless the student is retaking the Prairie State
6Achievement Examination in the fall of 2004. In addition, the
7State Board of Education shall not test a student in writing as
8part of the Prairie State Achievement Examination during the
92005-2006 school year. The State Board of Education shall
10establish the academic standards that are to apply in measuring
11student performance on the Prairie State Achievement
12Examination including the minimum examination score in each
13area that will qualify a student to receive a Prairie State
14Achievement Award from the State in recognition of the
15student's excellent performance. Each school district that is
16subject to the requirements of this subsection (c) shall afford
17all students one opportunity to take the Prairie State
18Achievement Examination beginning as late as practical during
19the spring semester of grade 11, but in no event before March
201. The State Board of Education shall annually notify districts
21of the weeks during which this test administration shall be
22required to occur. Every individualized educational program as
23described in Article 14 shall identify if the Prairie State
24Achievement Examination or components thereof are appropriate
25for that student. Each student, exclusive of a student whose
26individualized educational program developed under Article 14



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1identifies the Prairie State Achievement Examination as
2inappropriate for the student, shall be required to take the
3examination in grade 11. For each academic area the State Board
4of Education shall establish the score that qualifies for the
5Prairie State Achievement Award on that portion of the
6examination. Districts shall inform their students of the
7timelines and procedures applicable to their participation in
8every yearly administration of the Prairie State Achievement
9Examination. Students receiving special education services
10whose individualized educational programs identify the Prairie
11State Achievement Examination as inappropriate for them
12nevertheless shall have the option of taking the examination,
13which shall be administered to those students in accordance
14with standards adopted by the State Board of Education to
15accommodate the respective disabilities of those students. A
16student who successfully completes all other applicable high
17school graduation requirements but fails to receive a score on
18the Prairie State Achievement Examination that qualifies the
19student for receipt of a Prairie State Achievement Award shall
20nevertheless qualify for the receipt of a regular high school
21diploma. In no case, however, shall a student receive a regular
22high school diploma without taking the Prairie State
23Achievement Examination, unless the student is exempted from
24taking the Prairie State Achievement Examination under this
25subsection (c) because (i) the student's individualized
26educational program developed under Article 14 of this Code



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1identifies the Prairie State Achievement Examination as
2inappropriate for the student, (ii) the student is exempt due
3to the student's lack of English language proficiency under
4subsection (a) of this Section, (iii) the student is enrolled
5in a program of Adult and Continuing Education as defined in
6the Adult Education Act, (iv) the school district is not
7required to test the individual student for purposes of
8accountability under federal No Child Left Behind Act of 2001
9requirements, or (v) the student is otherwise identified by the
10State Board of Education through rules as being exempt from the
12    (d) Beginning with the 2002-2003 school year, all schools
13in this State that are part of the sample drawn by the National
14Center for Education Statistics, in collaboration with their
15school districts and the State Board of Education, shall
16administer the biennial State academic assessments of 4th and
178th grade reading and mathematics under the National Assessment
18of Educational Progress carried out under Section 411(b)(2) of
19the National Education Statistics Act of 1994 (20 U.S.C. 9010)
20if the Secretary of Education pays the costs of administering
21the assessments.
22    (e) Beginning no later than the 2005-2006 school year,
23subject to available federal funds to this State for the
24purpose of student assessment, the State Board of Education
25shall provide additional tests and assessment resources that
26may be used by school districts for local diagnostic purposes.



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1These tests and resources shall include without limitation
2additional high school writing, physical development and
3health, and fine arts assessments. The State Board of Education
4shall annually distribute a listing of these additional tests
5and resources, using funds available from appropriations made
6for student assessment purposes.
7    (f) For the assessment and accountability purposes of this
8Section, "all pupils" includes those pupils enrolled in a
9public or State-operated elementary school, secondary school,
10or cooperative or joint agreement with a governing body or
11board of control, a charter school operating in compliance with
12the Charter Schools Law, a school operated by a regional office
13of education under Section 13A-3 of this Code, or a public
14school administered by a local public agency or the Department
15of Human Services.
16(Source: P.A. 96-430, eff. 8-13-09; 96-1000, eff. 7-2-10.)".