State of Illinois
90th General Assembly
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90_HB1325

      105 ILCS 5/2-3.64         from Ch. 122, par. 2-3.64
          Amends the School Code.  Replaces provisions that require
      3rd and 5th grade pupils who fall  2  or  more  grades  below
      current   grade   placement  on  State  assessment  tests  to
      participate in a remediation program developed by the  school
      district  with  provisions  that  require  3rd  and 5th grade
      students whose composite score on the State assessment  tests
      in reading, writing, and math is below statewide standards to
      enroll  in  and attend 90 hours of summer school.  Requires a
      third grade pupil who has not yet repeated third  grade,  who
      must  attend  summer  school,  and  who  fails  to attain the
      required composite score by the  end  of  the  summer  school
      session to repeat third grade.
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                                               LRB9004683THpk
 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    2-3.64.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  School  Code  is  amended  by changing
 6    Section 2-3.64 as follows:
 7        (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
 8        Sec. 2-3.64.  State goals and assessment.
 9        (a)  Beginning in the  1992-93  school  year,  the  State
10    Board  of  Education  shall establish standards and annually,
11    through the 1997-1998 school year,   assess  the  performance
12    of:   (i)  all pupils enrolled in the 3rd, 6th, 8th, and 10th
13    grades  in  language   arts   (reading   and   writing)   and
14    mathematics;  and  (ii)  all pupils enrolled in the 4th, 7th,
15    and 11th grades  in  the  biological,  physical,  and  social
16    sciences.    Beginning  in the 1995-96 school year, the State
17    Board of Education shall establish standards and periodically
18    conduct,  through  the  1997-1998  school  year,  studies  of
19    student performance in the learning areas of  fine  arts  and
20    physical  development/health.    Beginning with the 1998-1999
21    school year, the State  Board  of  Education  shall  annually
22    assess  the performance of all pupils enrolled in the 3rd and
23    5th grades in the basic subjects  of  reading,  writing,  and
24    mathematics. The State Board of Education shall establish, in
25    final  form  and  within one year after the effective date of
26    this amendatory Act of 1996, the academic standards that  are
27    to   be  applicable  to  pupils  who  are  subject  to  State
28    assessment under this Section beginning  with  the  1998-1999
29    school year.  However, the State Board of Education shall not
30    establish  any  such  standards  in  final form without first
31    providing opportunities for public  participation  and  local
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 1    input  in  the  development  of the final academic standards.
 2    Those opportunities shall include a well-publicized period of
 3    public comment, public hearings  throughout  the  State,  and
 4    opportunities  to  file  written comments. Beginning with the
 5    1998-99 school year and thereafter, a pupil  in  grade  3  or
 6    grade  5  whose composite score on the State assessment tests
 7    in reading, writing, and mathematics is below a standard that
 8    the State Board of Education  shall  by  rule  establish  for
 9    purposes  of  this  subsection shall be enrolled in and shall
10    attend not less than 90 hours of  summer  school  during  the
11    summer school session that begins at the close of the regular
12    term  of  the  school year in which the pupil fails to attain
13    the required composite score. If a  pupil  from  grade  3  or
14    grade  5 who is required by the provisions of this subsection
15    to attend summer school fails  to  attend  summer  school  as
16    required,  the  school  district  shall require that pupil to
17    repeat grade 3 or grade 5, as the case may  be.  Each  school
18    district  with  a  pupil  whose  grade 3 or grade 5 composite
19    score on the State assessment tests in reading, writing,  and
20    mathematics  is  below  the standard established by the State
21    Board of  Education  is  required,  unless  the  district  is
22    operating under a full year school plan approved by the State
23    Board  of  Education, to provide a summer school session that
24    will enable the pupil to meet the  summer  school  attendance
25    requirements  of  this  subsection.  Further  if a pupil from
26    grade 3 who is required to attend the summer  school  session
27    under the provisions of this subsection attends summer school
28    but  fails  to  attain,  by  the  end  of  that summer school
29    session, a composite score on the State assessment  tests  in
30    reading,  writing,  and mathematics that is at least equal to
31    the standards established by the State  Board  of  Education,
32    and if the pupil has not previously been required to repeat a
33    grade  level, the school district shall require that pupil to
34    repeat grade 3. pupils in the 3rd grade or 5th grade who,  by
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 1    performance  on  the  State  assessment  tests  or by teacher
 2    judgement, demonstrate a proficiency level comparable to  the
 3    average  pupil  performance  2  or  more grades below current
 4    placement shall be provided a remediation  program  developed
 5    by  the  district  in consultation with a parent or guardian.
 6    Such remediation programs  may  include,  but  shall  not  be
 7    limited  to,  increased or concentrated instructional time, a
 8    remedial summer school program of not  less  than  90  hours,
 9    improved   instructional   approaches,   tutorial   sessions,
10    retention   in  grade,  and  modifications  to  instructional
11    materials. Each pupil  for  whom  a  remediation  program  is
12    developed  under  this subsection shall be required to enroll
13    in and attend whatever program  the  district  determines  is
14    appropriate  for the pupil. Districts may combine students in
15    providing  a  summer  school  session  as  required  in  this
16    subsection remediation programs  where  appropriate  and  may
17    cooperate  with other districts in the design and delivery of
18    a required summer school session those programs.  The  parent
19    or  guardian  of a student required to attend a summer school
20    session remediation program under this Section shall be given
21    written notice of that requirement by the school  district  a
22    reasonable  time  prior  to  commencement  of the remediation
23    program that session the student  is  to  attend.  The  State
24    shall  be responsible for providing school districts with the
25    new and additional funding,  under  Section  2-3.51.5  or  by
26    other  or  additional  means,  that is required to enable the
27    districts  to  operate  summer  school  sessions  remediation
28    programs for the pupils who are required  to  enroll  in  and
29    attend  those  sessions  programs  under  this Section. Every
30    individualized educational program as described in Article 14
31    shall identify if the State test or  components  thereof  are
32    appropriate  for that student.  For those pupils for whom the
33    State test or components thereof  are  not  appropriate,  the
34    State  Board of Education shall develop rules and regulations
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 1    governing  the  administration  of  alternative   assessments
 2    prescribed  within  each student's individualized educational
 3    program which are  appropriate  to  the  disability  of  each
 4    student.  All pupils who are in a State approved transitional
 5    bilingual   education  program  or  transitional  program  of
 6    instruction shall participate in the State  assessment.   Any
 7    student  who  has been enrolled in a State approved bilingual
 8    education  program  less  than  3  academic  years  shall  be
 9    exempted if the student's lack of English as determined by an
10    English language proficiency test would keep the student from
11    understanding the test, and  that  student's  district  shall
12    have  an  alternative  assessment  program  in place for that
13    student. The State Board of Education shall  appoint  a  task
14    force  of  concerned parents, teachers, school administrators
15    and  other  professionals  to  assist  in  identifying   such
16    alternative assessment programs. Reasonable accommodations as
17    prescribed  by the State Board of Education shall be provided
18    for individual students in  the  assessment  procedure.   All
19    assessment  procedures  prescribed  by  the  State  Board  of
20    Education  shall  require:  (i) that each test used for State
21    and local  student  assessment  testing  under  this  Section
22    identify  by  name  the  pupil taking the test; (ii) that the
23    name of the pupil taking the test be placed on  the  test  at
24    the  time the test is taken; (iii) that the results or scores
25    of each test taken under this  Section  by  a  pupil  of  the
26    school  district be reported to that district and identify by
27    name the pupil who received the reported results  of  scores;
28    and  (iv) that the results or scores of each test taken under
29    this Section be made available to the parents of  the  pupil.
30    In  addition, beginning with the 1998-1999 school year and in
31    each school year thereafter, all scores received by a student
32    on  the  Illinois  Goals   and   Assessment   Program   tests
33    administered  by  the  State  Board  of  Education under this
34    Section and, beginning with the 1999-2000 school year and  in
                            -5-                LRB9004683THpk
 1    each school year thereafter, on the Prairie State Achievement
 2    Examination administered under subsection (c) of this Section
 3    shall become part of the student's permanent record and shall
 4    be  entered  therein  pursuant  to regulations that the State
 5    Board of Education  shall  promulgate  for  that  purpose  in
 6    accordance  with Section 3 and subsection (e) of Section 2 of
 7    the Illinois School Student Records Act. The State  Board  of
 8    Education  shall establish a common month in each school year
 9    for which State testing shall occur to meet the objectives of
10    this Section.  However, if the  schools  of  a  district  are
11    closed  and classes are not scheduled during any week that is
12    established by the State Board of Education as  the  week  of
13    the  month when State testing under this Section shall occur,
14    the school district may administer the required State testing
15    at any time up to 2 weeks following the week  established  by
16    the  State Board of Education for the testing, so long as the
17    school district gives the State Board  of  Education  written
18    notice  of  its  intention  to  deviate  from the established
19    schedule by January 2 of the year in  which  falls  the  week
20    established  by the State Board of Education for the testing.
21    The maximum time allowed  for  all  actual  testing  required
22    under this subsection during the school year shall not exceed
23    25  hours  as allocated among the required tests by the State
24    Board of Education.
25        (a-5)  The State Board  of  Education  shall  review  the
26    current   assessment   testing   schedule   applicable  under
27    subsection (a) on the effective date of this  amendatory  Act
28    of  1996  and  submit  a  plan to the General Assembly, on or
29    before December 31, 1996, to increase  the  effectiveness  of
30    the State assessment tests administered under that subsection
31    with respect to student diagnosis and to reduce the amount of
32    classroom  time spent administering those tests.  The General
33    Assembly may enact the  recommendations  made  by  the  State
34    Board of Education to maximize effectiveness and minimize the
                            -6-                LRB9004683THpk
 1    hours and grade levels of testing.
 2        (b)  It  shall  be  the  policy of the State to encourage
 3    school districts to continuously  assess  pupil  proficiency.
 4    Each district's school improvement plan must address specific
 5    activities the district intends to implement to assist pupils
 6    who by teacher judgement and assessment results as prescribed
 7    in  subsection  (a) of this Section demonstrate that they are
 8    not meeting State goals or local objectives. Such  activities
 9    may  include,  but  shall  not  be limited to, summer school,
10    extended school day,  special  homework,  tutorial  sessions,
11    modified  instructional materials, other modifications in the
12    instructional program, reduced class  size  or  retention  in
13    grade.     To  assist  school  districts  in  assessing pupil
14    proficiency in reading in the primary grades, the State Board
15    shall  make  optional  reading  inventories  for   diagnostic
16    purposes available to each school district that requests such
17    assistance.     Districts   that   administer   the   reading
18    inventories may develop remediation programs for students who
19    perform in the bottom half of the student population.   Those
20    remediation  programs  may be funded by moneys provided under
21    the School Safety and  Educational  Improvement  Block  Grant
22    Program  established  under Section 2-3.51.5. Nothing in this
23    Section shall  prevent  school  districts  from  implementing
24    testing  and  remediation  policies  for  grades not required
25    under this Section.
26        (c)  Beginning  with  the  1999-2000  school  year,  each
27    school district that  operates  a  high  school  program  for
28    students  in  grades  9 through 12 shall administer a Prairie
29    State Achievement Examination each year  to  its  12th  grade
30    students.   The  Prairie  State Achievement Examination shall
31    measure student performance in  the  5  fundamental  academic
32    areas  of  reading, writing, mathematics, science, and social
33    studies.  The State Board of Education  shall  establish  the
34    academic  standards  that  are  to apply in measuring student
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 1    performance on the Prairie State Achievement  Examination  in
 2    those  5  fundamental  academic  areas, including the minimum
 3    examination score that will  qualify  for  purposes  of  this
 4    Section  as  a score that is excellent. A student whose score
 5    on the Prairie State Achievement Examination is determined to
 6    be excellent by the State Board of  Education  shall  receive
 7    the  Prairie  State  Achievement  Award  from  the  State  in
 8    recognition of the student's excellent performance. Each 12th
 9    grade  student,  exclusive  of a student whose individualized
10    educational program  developed  under  Article  14  does  not
11    identify   the   Prairie  State  Achievement  Examination  as
12    appropriate for the student, shall be required  to  take  the
13    examination,  which  each school district shall administer to
14    its 12th grade students in January of each school year.   The
15    Prairie  State  Achievement Examination shall be administered
16    by each school district a  second  time,  in  March  of  each
17    school  year,  for  those  12th  grade  students  who fail to
18    receive a score on the January examination that would qualify
19    them to receive the Prairie State Achievement Award  and  who
20    elect  to  take  the  March  examination  for  the purpose of
21    attempting to earn a score that will qualify them to  receive
22    that  award.  Students  who  will  graduate  from high school
23    before  entering  grade  12  shall  take  the  Prairie  State
24    Achievement Examination during the school year in which  they
25    will  graduate  from high school.  Students receiving special
26    education services whose individualized educational  programs
27    do  not identify the Prairie State Achievement Examination as
28    appropriate for them nevertheless shall have  the  option  of
29    taking  the examination, which shall be administered to those
30    students in accordance with standards adopted  by  the  State
31    Board of Education to accommodate the respective disabilities
32    of  those students.  A student who successfully completes all
33    other applicable  high  school  graduation  requirements  but
34    fails  to  receive  a  score on the Prairie State Achievement
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 1    Examination that qualifies the student  for  receipt  of  the
 2    Prairie  State  Achievement  Award shall nevertheless qualify
 3    for the receipt of a regular high school diploma.
 4    (Source:  P.A. 88-192; 88-227; 88-670, eff. 12-2-94;  88-686,
 5    eff. 1-24-95; 89-610, eff. 8-6-96.)

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