Full Text of HB6893 96th General Assembly
HB6893 96TH GENERAL ASSEMBLY |
| | 96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6893 Introduced , by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.64 | from Ch. 122, par. 2-3.64 |
|
Amends the School Code. With respect to students in grades kindergarten, one, 2, 4, 5, and 7, prohibits the Chicago school district from using a State test that is designed for students who are in a grade that is more than 2 grade levels higher than the grade the student is currently in or was in when he or she previously took a State test, whichever is applicable for the student's particular grade.
|
| |
| | A BILL FOR |
|
| | | HB6893 | | LRB096 23242 NHT 42592 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 2-3.64 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 | 9 | | of Education
shall establish standards and periodically, in | 10 | | collaboration with local school
districts, conduct studies of | 11 | | student performance in the learning areas of fine
arts and | 12 | | physical development/health.
| 13 | | Beginning with the 1998-1999 school
year until the | 14 | | 2004-2005 school year, the State Board of
Education shall | 15 | | annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th | 16 | | grades in English language arts (reading, writing, and
English | 17 | | grammar) and mathematics; and (ii) all pupils enrolled in the | 18 | | 4th and
7th grades in the biological and physical sciences and | 19 | | the social sciences
(history, geography, civics, economics, | 20 | | and government).
Unless the testing required to be implemented | 21 | | no later than the 2005-2006 school year under this subsection | 22 | | (a) is implemented for the 2004-2005 school year, for the | 23 | | 2004-2005 school year, the State Board of
Education shall test: |
| | | HB6893 | - 2 - | LRB096 23242 NHT 42592 b |
|
| 1 | | (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in | 2 | | English language arts (reading and
English grammar) and | 3 | | mathematics and (ii) all pupils enrolled in the 4th and
7th | 4 | | grades in the biological and physical sciences. The maximum | 5 | | time allowed for all actual testing required under this
| 6 | | paragraph shall not exceed 25 hours, as allocated among the | 7 | | required
tests by the State Board of Education, across all | 8 | | grades tested.
| 9 | | Beginning no later than the 2005-2006 school year, the | 10 | | State
Board of Education shall annually test: (i) all pupils | 11 | | enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in | 12 | | reading and mathematics
and (ii) all pupils
enrolled in the 4th | 13 | | and 7th grades in the biological and physical
sciences. In | 14 | | addition, the State Board of Education shall test (1) all | 15 | | pupils enrolled in the 5th and 8th grades in writing during the | 16 | | 2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, | 17 | | and 8th grades in writing during the 2007-2008 school year; and | 18 | | (3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in | 19 | | writing during the 2008-2009 school year and each school year | 20 | | thereafter. After the addition of grades and change in subjects | 21 | | as delineated in this paragraph and including whatever other
| 22 | | tests that may be approved from time to time no later than the
| 23 | | 2005-2006 school year, the maximum time allowed for all State | 24 | | testing in
grades 3 through 8 shall not exceed 38 hours across | 25 | | those grades.
| 26 | | Beginning with the 2004-2005 school year, the State Board |
| | | HB6893 | - 3 - | LRB096 23242 NHT 42592 b |
|
| 1 | | of Education shall not test pupils under this subsection (a) in | 2 | | physical development and health, fine arts, and the social | 3 | | sciences (history, geography, civics, economics, and | 4 | | government). The State Board of Education shall not test pupils | 5 | | under this subsection (a) in writing during the 2005-2006 | 6 | | school year.
| 7 | | The State Board of
Education shall establish the academic | 8 | | standards that are to be applicable to
pupils who are subject | 9 | | to State tests under this Section beginning with the
1998-1999 | 10 | | school year. However, the State Board of Education shall not
| 11 | | establish any such standards in final form without first | 12 | | providing
opportunities for public participation and local | 13 | | input in the development
of the final academic standards. Those | 14 | | opportunities shall include a
well-publicized period of public | 15 | | comment, public hearings throughout the State,
and | 16 | | opportunities to file written comments. Beginning with the | 17 | | 1998-99 school
year and thereafter, the State tests will | 18 | | identify pupils in the 3rd grade or
5th grade who do not meet | 19 | | the State standards.
| 20 | | If, by performance on the State
tests or local assessments | 21 | | or by teacher judgment, a student's performance is
determined | 22 | | to be 2 or more grades below current placement, the student | 23 | | shall be
provided a remediation program developed by the | 24 | | district in consultation with a
parent or guardian. Such | 25 | | remediation programs may include, but shall not be
limited to, | 26 | | increased or concentrated instructional time, a remedial |
| | | HB6893 | - 4 - | LRB096 23242 NHT 42592 b |
|
| 1 | | summer
school program of not less than 90 hours, improved | 2 | | instructional approaches,
tutorial sessions, retention in | 3 | | grade, and modifications to instructional
materials. Each | 4 | | pupil for whom a remediation program is developed under this
| 5 | | subsection shall be required to enroll in and attend whatever | 6 | | program the
district determines is appropriate for the pupil. | 7 | | Districts may combine
students in remediation programs where | 8 | | appropriate and may cooperate with other
districts in the | 9 | | design and delivery of those programs. The parent or guardian
| 10 | | of a student required to attend a remediation program under | 11 | | this Section shall
be given written notice of that requirement | 12 | | by the school district a reasonable
time prior to commencement | 13 | | of the remediation program that the student is to
attend. The | 14 | | State shall be responsible for providing school districts with | 15 | | the
new and additional funding, under Section 2-3.51.5 or by | 16 | | other or additional
means, that is required to enable the | 17 | | districts to operate remediation programs
for the pupils who | 18 | | are required to enroll in and attend those programs under
this | 19 | | Section. Every individualized educational program as described | 20 | | in Article
14 shall identify if the State test or components | 21 | | thereof are appropriate for
that student. The State Board of | 22 | | Education shall develop rules and
regulations governing the | 23 | | administration of alternative tests prescribed within
each | 24 | | student's individualized educational program which are | 25 | | appropriate to the
disability of each student.
| 26 | | All pupils who are in a State approved
transitional |
| | | HB6893 | - 5 - | LRB096 23242 NHT 42592 b |
|
| 1 | | bilingual education program or transitional program of | 2 | | instruction
shall participate in the State
tests. The time | 3 | | allotted to take the State tests, however, may be extended as
| 4 | | determined by the State Board of Education by rule. Any student | 5 | | who has been enrolled in a
State approved bilingual education | 6 | | program less than 3 cumulative academic
years may take an | 7 | | accommodated Limited English Proficient student academic | 8 | | content assessment, as determined by the State Board of | 9 | | Education, if the student's lack of English as determined by an | 10 | | English
language
proficiency test would keep the student from | 11 | | understanding the regular
State test. If the
school district | 12 | | determines, on a case-by-case individual basis,
that a Limited | 13 | | English Proficient student academic content assessment would | 14 | | likely yield more accurate and reliable information on
what the | 15 | | student knows and can do, the school district may make a
| 16 | | determination to assess the student using a Limited English | 17 | | Proficient student academic content assessment for a period | 18 | | that does
not exceed 2 additional consecutive years, provided | 19 | | that the student has
not yet reached a level of English | 20 | | language proficiency sufficient to yield
valid and reliable | 21 | | information on what the student knows and can do on
the regular | 22 | | State test.
| 23 | | Reasonable accommodations as prescribed by
the State Board | 24 | | of Education shall be provided for individual students in the
| 25 | | testing procedure. All test procedures prescribed by the State | 26 | | Board of
Education shall require: (i) that each test used for |
| | | HB6893 | - 6 - | LRB096 23242 NHT 42592 b |
|
| 1 | | State and local student
testing under this Section identify by | 2 | | name the pupil taking the test; (ii)
that the name of the pupil | 3 | | taking the test be placed on the test at the time
the test is | 4 | | taken; (iii) that the results or scores of each test taken | 5 | | under
this Section by a pupil of the school district be | 6 | | reported to that district and
identify by name the pupil who | 7 | | received the reported results or scores; and
(iv) that the | 8 | | results or scores of each test taken under this Section be made
| 9 | | available to the parents of the pupil. In addition, in each | 10 | | school year the
scores
attained by
a student on the Prairie | 11 | | State Achievement
Examination administered under subsection | 12 | | (c) of this Section and any Prairie
State Achievement Awards | 13 | | received by the student shall become part
of the student's | 14 | | permanent record and shall be entered on the student's
| 15 | | transcript pursuant to regulations that the State Board of | 16 | | Education shall
promulgate for that purpose in accordance with | 17 | | Section 3 and subsection (e) of
Section 2 of the Illinois | 18 | | School Student Records Act. Beginning with the
1998-1999 school | 19 | | year and in every school year thereafter, scores received by
| 20 | | students on the State assessment tests administered in grades 3 | 21 | | through 8 shall
be placed into students' temporary records.
| 22 | | The State Board of Education shall
establish a
period of | 23 | | time, to be referred to as the State test window, in each | 24 | | school year for which State
testing shall occur to meet the | 25 | | objectives of this Section. However, if the
schools of a | 26 | | district are closed and classes are not scheduled during any |
| | | HB6893 | - 7 - | LRB096 23242 NHT 42592 b |
|
| 1 | | week
that is established by the State Board of Education as the | 2 | | State test
window, the school district may
(at the discretion | 3 | | of the State Board of Education) move its State test
window one | 4 | | week earlier or one week later than the established State test
| 5 | | window, so long as
the school district gives the State Board of | 6 | | Education written notice of its
intention to deviate from the | 7 | | established schedule by December 1 of the school
year in which | 8 | | falls the State test window established by the State
Board of | 9 | | Education for
the testing.
| 10 | | (a-5) All tests administered pursuant to this Section shall | 11 | | be academically
based. For the purposes of this Section | 12 | | "academically based tests" shall mean
tests consisting of | 13 | | questions and answers that are measurable and quantifiable
to | 14 | | measure the knowledge, skill, and ability of students in the | 15 | | subject matters
covered by tests. The scoring of academically | 16 | | based tests shall be reliable,
valid, unbiased and shall meet | 17 | | the guidelines for test development and use
prescribed by the | 18 | | American Psychological Association, the National Council of
| 19 | | Measurement and Evaluation, and the American Educational | 20 | | Research Association.
Academically based tests shall not | 21 | | include assessments or evaluations of
attitudes, values, or | 22 | | beliefs, or testing of personality, self-esteem, or
| 23 | | self-concept. Nothing in this amendatory Act is intended, nor | 24 | | shall it be
construed, to nullify, supersede, or contradict the | 25 | | legislative intent on
academic testing expressed during the | 26 | | passage of HB 1005/P.A. 90-296.
Nothing in this Section is |
| | | HB6893 | - 8 - | LRB096 23242 NHT 42592 b |
|
| 1 | | intended, nor shall it be construed, to nullify,
supersede, or | 2 | | contradict the legislative intent on academic testing
| 3 | | expressed in the preamble of this amendatory Act of the 93rd | 4 | | General
Assembly.
| 5 | | The State Board of Education shall monitor the use of
short | 6 | | answer
questions in the math
and reading assessments or in | 7 | | other assessments in order to demonstrate that the use of short
| 8 | | answer questions results in a statistically significant | 9 | | improvement in student
achievement as measured on the State | 10 | | assessments for math and reading or on
other State assessments | 11 | | and is
justifiable in terms of cost and student performance.
| 12 | | (b) It shall be the policy of the State to encourage school | 13 | | districts
to continuously test pupil proficiency in the | 14 | | fundamental learning areas in
order to: (i) provide timely | 15 | | information on individual students' performance
relative to | 16 | | State standards that is adequate to guide instructional | 17 | | strategies;
(ii) improve future instruction; and (iii) | 18 | | complement the information provided
by the State testing system | 19 | | described in this Section. To assist
school districts in | 20 | | testing pupil proficiency in reading in the primary grades,
the | 21 | | State Board shall make optional reading inventories for | 22 | | diagnostic purposes
available to each school district that | 23 | | requests such assistance. Districts
that administer the | 24 | | reading inventories may develop remediation programs for
| 25 | | students who perform in the bottom half of the student | 26 | | population. Those
remediation programs may be funded by moneys |
| | | HB6893 | - 9 - | LRB096 23242 NHT 42592 b |
|
| 1 | | provided under the School Safety
and Educational Improvement | 2 | | Block Grant Program established under Section
2-3.51.5.
| 3 | | (c) Beginning with the 2000-2001 school year, each school | 4 | | district that
operates a high school program for students in | 5 | | grades 9 through 12 shall
annually administer the Prairie State | 6 | | Achievement Examination
established under this subsection to | 7 | | its students as set forth
below. The Prairie State Achievement | 8 | | Examination shall be developed by
the State Board of Education | 9 | | to measure student performance in the academic
areas of | 10 | | reading, writing, mathematics, science, and social sciences. | 11 | | Beginning with the 2004-2005 school year, however, the State | 12 | | Board of Education shall not test a student in the social | 13 | | sciences (history, geography, civics, economics, and | 14 | | government) as part of the Prairie State Achievement | 15 | | Examination unless the student is retaking the Prairie State | 16 | | Achievement Examination in the fall of 2004. In addition, the | 17 | | State Board of Education shall not test a student in writing as | 18 | | part of the Prairie State Achievement Examination during the | 19 | | 2005-2006 school year. The
State Board of Education shall | 20 | | establish the academic standards that are to
apply in measuring | 21 | | student performance on the Prairie State Achievement
| 22 | | Examination including the minimum examination score in each | 23 | | area that will
qualify a student to receive a Prairie State | 24 | | Achievement Award from the State
in recognition of the | 25 | | student's excellent performance. Each school district
that is | 26 | | subject to the requirements of this subsection (c) shall afford |
| | | HB6893 | - 10 - | LRB096 23242 NHT 42592 b |
|
| 1 | | all
students one opportunity to take the Prairie State | 2 | | Achievement Examination
beginning as late as practical during | 3 | | the spring semester of grade 11, but in
no event before March | 4 | | 1. The State Board of Education shall annually notify
districts | 5 | | of the weeks during which this test administration shall be
| 6 | | required to occur. Every individualized educational program as | 7 | | described in
Article 14 shall identify if the Prairie State | 8 | | Achievement Examination or
components thereof are appropriate | 9 | | for that student. Each student, exclusive of
a student whose | 10 | | individualized educational program developed under Article 14
| 11 | | identifies the Prairie State Achievement Examination as | 12 | | inappropriate for the
student, shall be required to take the | 13 | | examination in grade 11. For each
academic area the State Board | 14 | | of Education shall establish the score that
qualifies for the | 15 | | Prairie State Achievement Award on that portion of the
| 16 | | examination. Districts shall inform their students of the
| 17 | | timelines and procedures applicable to their participation in | 18 | | every yearly
administration of the Prairie State Achievement | 19 | | Examination. Students
receiving special education services | 20 | | whose individualized educational programs
identify the Prairie | 21 | | State Achievement Examination as inappropriate for them
| 22 | | nevertheless shall have the option of taking the examination, | 23 | | which shall be
administered to those students in accordance | 24 | | with standards adopted by the
State Board of Education to | 25 | | accommodate the respective disabilities of those
students. A | 26 | | student who successfully completes all other applicable high
|
| | | HB6893 | - 11 - | LRB096 23242 NHT 42592 b |
|
| 1 | | school graduation requirements but fails to receive a score on | 2 | | the Prairie
State Achievement Examination that qualifies the | 3 | | student for receipt of a
Prairie State Achievement Award shall | 4 | | nevertheless qualify for the receipt
of a regular high school | 5 | | diploma. In no case, however, shall a student receive a regular | 6 | | high school diploma without taking the Prairie State | 7 | | Achievement Examination, unless the student is exempted from | 8 | | taking the Prairie State Achievement Examination under this | 9 | | subsection (c) because (i) the student's individualized | 10 | | educational program developed under Article 14 of this Code | 11 | | identifies the Prairie State Achievement Examination as | 12 | | inappropriate for the student, (ii) the student is exempt due | 13 | | to the student's lack of English language proficiency under | 14 | | subsection (a) of this Section, (iii) the student is enrolled | 15 | | in a program of Adult and Continuing Education as defined in | 16 | | the Adult Education Act, (iv) the school district is not | 17 | | required to test the individual student for purposes of | 18 | | accountability under federal No Child Left Behind Act of 2001 | 19 | | requirements, or (v) the student is otherwise identified by the | 20 | | State Board of Education through rules as being exempt from the | 21 | | assessment.
| 22 | | (d) Beginning with the 2002-2003 school year, all schools | 23 | | in this
State that are part of the sample drawn by the National | 24 | | Center for
Education Statistics, in collaboration with their | 25 | | school districts and the
State Board of Education, shall | 26 | | administer the biennial State academic
assessments of 4th and |
| | | HB6893 | - 12 - | LRB096 23242 NHT 42592 b |
|
| 1 | | 8th grade reading and mathematics under the
National Assessment | 2 | | of Educational Progress carried out under Section 411(b)(2)
| 3 | | m11(b)(2) of the National Education Statistics Act of 1994 (20 | 4 | | U.S.C.
9010) if the Secretary of Education pays the costs of | 5 | | administering the
assessments.
| 6 | | (e) Beginning no later than the 2005-2006 school year, | 7 | | subject to
available federal funds to this State for the | 8 | | purpose of student
assessment, the State Board of Education | 9 | | shall provide additional tests
and assessment resources that | 10 | | may be used by school districts for local
diagnostic purposes. | 11 | | These tests and resources shall include without
limitation | 12 | | additional high school writing, physical development and
| 13 | | health, and fine arts assessments. The State Board of Education | 14 | | shall
annually distribute a listing of these additional tests | 15 | | and resources,
using funds available from appropriations made | 16 | | for student assessment
purposes.
| 17 | | (f) For the assessment and accountability purposes of this | 18 | | Section,
"all pupils" includes those pupils enrolled in a | 19 | | public or
State-operated elementary school, secondary school, | 20 | | or cooperative or
joint agreement with a governing body or | 21 | | board of control, a charter
school operating in compliance with | 22 | | the Charter Schools Law, a school
operated by a regional office | 23 | | of education under Section 13A-3 of this
Code, or a public | 24 | | school administered by a local public agency or the
Department | 25 | | of Human Services.
| 26 | | (g) With respect to students in grades kindergarten, one, |
| | | HB6893 | - 13 - | LRB096 23242 NHT 42592 b |
|
| 1 | | 2, 4, 5, and 7, a school district organized under Article 34 of | 2 | | this Code is prohibited from using a State test under this | 3 | | Section that is designed for students who are in a grade that | 4 | | is more than 2 grade levels higher than the grade the student | 5 | | is currently in or was in when he or she previously took a | 6 | | State test under this Section, whichever is applicable for the | 7 | | student's particular grade. | 8 | | (Source: P.A. 96-430, eff. 8-13-09; revised 11-3-09.)
|
|