State of Illinois
91st General Assembly

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HB2188 Engrossed                              LRB9103417NTsbA

 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 1998-1999 school year, the State
17    Board   of   Education   shall   establish   standards    and
18    periodically,  in  collaboration with local school districts,
19    conduct studies of student performance in the learning  areas
20    of fine arts and physical development/health.  Beginning with
21    the 1998-1999 school year, the State Board of Education shall
22    annually  test: (i) all pupils enrolled in the 3rd, 5th, 8th,
23    and 10th grades in English language arts  (reading,  writing,
24    and  English  grammar)  and  mathematics; and (ii) all pupils
25    enrolled in the 4th, 7th, and 11th grades in  the  biological
26    and  physical  sciences  and  the  social  sciences (history,
27    geography, civics,  economics,  and  government).  The  State
28    Board  of Education shall establish, in final form and within
29    one year after the effective date of this amendatory  Act  of
30    1996,  the  academic  standards  that are to be applicable to
31    pupils who are subject to  State  tests  under  this  Section
HB2188 Engrossed            -2-               LRB9103417NTsbA
 1    beginning with the 1998-1999 school year.  However, the State
 2    Board  of Education shall not establish any such standards in
 3    final form without first providing opportunities  for  public
 4    participation and local input in the development of the final
 5    academic  standards.   Those  opportunities  shall  include a
 6    well-publicized period of  public  comment,  public  hearings
 7    throughout  the  State,  and  opportunities  to  file written
 8    comments. Beginning with the 1999-2000  1998-99  school  year
 9    and thereafter, the State tests shall will identify pupils in
10    the 3rd grade, or 5th grade, 8th grade, and 10th grade who do
11    not  meet  the  State  standards.   If, by performance on the
12    State tests or local assessments or by  teacher  judgment,  a
13    student's  performance  is  determined to be 2 or more grades
14    below current placement, the  student  shall  be  provided  a
15    remediation program developed by the district in consultation
16    with  a  parent  or  guardian.  Such remediation programs may
17    include,  but  shall  not  be  limited   to,   increased   or
18    concentrated  instructional  time,  a  remedial summer school
19    program of not less than  90  hours,  improved  instructional
20    approaches,   tutorial  sessions,  retention  in  grade,  and
21    modifications to instructional materials. Each pupil for whom
22    a remediation program  is  developed  under  this  subsection
23    shall  be  required  to enroll in and attend whatever program
24    the  district  determines  is  appropriate  for  the   pupil.
25    Districts  may combine students in remediation programs where
26    appropriate and may cooperate with  other  districts  in  the
27    design  and  delivery  of  those  programs.   The  parent  or
28    guardian  of  a  student  required  to  attend  a remediation
29    program under this Section shall be given written  notice  of
30    that  requirement  by  the  school district a reasonable time
31    prior to commencement of the  remediation  program  that  the
32    student  is  to  attend.  The  State shall be responsible for
33    providing  school  districts  with  the  new  and  additional
34    funding, under Section 2-3.51.5 or  by  other  or  additional
HB2188 Engrossed            -3-               LRB9103417NTsbA
 1    means,  that  is  required to enable the districts to operate
 2    remediation programs for  the  pupils  who  are  required  to
 3    enroll in and attend those programs under this Section. Every
 4    individualized educational program as described in Article 14
 5    shall  identify  if  the State test or components thereof are
 6    appropriate for that student.  For those pupils for whom  the
 7    State  test  or  components  thereof are not appropriate, the
 8    State Board of Education shall develop rules and  regulations
 9    governing  the administration of alternative tests prescribed
10    within  each  student's  individualized  educational  program
11    which are appropriate to the disability of each student.  All
12    pupils who are in a  State  approved  transitional  bilingual
13    education  program  or  transitional  program  of instruction
14    shall participate in the State tests.  Any  student  who  has
15    been enrolled in a State approved bilingual education program
16    less than 3 academic years shall be exempted if the student's
17    lack   of  English  as  determined  by  an  English  language
18    proficiency test would keep the  student  from  understanding
19    the   test,   and  that  student's  district  shall  have  an
20    alternative test program in place for that student. The State
21    Board of Education shall appoint a task  force  of  concerned
22    parents,    teachers,   school   administrators   and   other
23    professionals  to  assist  in  identifying  such  alternative
24    tests. Reasonable accommodations as prescribed by  the  State
25    Board  of Education shall be provided for individual students
26    in the testing procedure.  All test procedures prescribed  by
27    the  State  Board  of  Education shall require: (i) that each
28    test used for State and  local  student  testing  under  this
29    Section identify by name the pupil taking the test; (ii) that
30    the  name  of the pupil taking the test be placed on the test
31    at the time the test is taken;  (iii)  that  the  results  or
32    scores  of  each  test taken under this Section by a pupil of
33    the school district be reported to that district and identify
34    by name the  pupil  who  received  the  reported  results  or
HB2188 Engrossed            -4-               LRB9103417NTsbA
 1    scores;  and  (iv)  that  the  results or scores of each test
 2    taken under this Section be made available to the parents  of
 3    the  pupil.  In addition, beginning with the 1998-1999 school
 4    year and in each school year thereafter, all scores  received
 5    by  a  student  on  the Illinois Goals and Assessment Program
 6    tests administered in grades 10 and 11 by the State Board  of
 7    Education   under   this  Section  and,  beginning  with  the
 8    1999-2000 school year and in each school year thereafter, the
 9    scores received by a student on the Prairie State Achievement
10    Examination administered under subsection (c) of this Section
11    shall become part of the student's permanent record and shall
12    be entered therein pursuant to  regulations  that  the  State
13    Board  of  Education  shall  promulgate  for  that purpose in
14    accordance with Section 3 and subsection (e) of Section 2  of
15    the  Illinois  School Student Records Act. Scores received by
16    students on the Illinois Goals and Assessment  Program  tests
17    administered  in  other grades shall be placed into students'
18    temporary records.  Except as provided in subsection  (c)  of
19    this  Section, the State Board of Education shall establish a
20    common month in each school  year  for  which  State  testing
21    shall occur to meet the objectives of this Section.  However,
22    if  the  schools of a district are closed and classes are not
23    scheduled during any week that is established  by  the  State
24    Board  of  Education  as  the  week  of  the month when State
25    testing under this Section shall occur, the  school  district
26    may administer the required State testing at any time up to 2
27    weeks  following  the  week established by the State Board of
28    Education for the testing, so long  as  the  school  district
29    gives  the  State  Board  of  Education written notice of its
30    intention to deviate from the established schedule by January
31    2 of the year in which falls  the  week  established  by  the
32    State  Board  of Education for the testing.  The maximum time
33    allowed for all actual testing required under this subsection
34    during the school year shall not exceed 25 hours as allocated
HB2188 Engrossed            -5-               LRB9103417NTsbA
 1    among the required tests by the State Board of Education.
 2        (a-5) All tests administered  pursuant  to  this  Section
 3    shall  be  academically  based.   For  the  purposes  of this
 4    Section  "academically  based   tests"   shall   mean   tests
 5    consisting  of  questions and answers that are measurable and
 6    quantifiable to measure the knowledge, skill, and ability  of
 7    students in the subject matters covered by tests. The scoring
 8    of   academically  based  tests  shall  be  reliable,  valid,
 9    unbiased and shall meet the guidelines for  test  development
10    and use prescribed by the American Psychological Association,
11    the  National  Council of Measurement and Evaluation, and the
12    American Educational Research Association. Academically based
13    tests  shall  not  include  assessments  or  evaluations   of
14    attitudes,  values,  or  beliefs,  or testing of personality,
15    self-esteem, or self-concept. Nothing in this amendatory  Act
16    is   intended,   nor  shall  it  be  construed,  to  nullify,
17    supersede, or contradict the legislative intent  on  academic
18    testing expressed during the passage of HB 1005/P.A. 90-296.
19        Beginning  in  the 1998-1999 school year, the State Board
20    of Education may, on a pilot  basis,  include  in  the  State
21    assessments in reading and math at each grade level tested no
22    more  than  2  short answer questions, where students have to
23    respond  in  brief  to   questions   or   prompts   or   show
24    computations,  rather  than select from alternatives that are
25    presented.  In the first year that such questions  are  used,
26    scores on the short answer questions shall not be reported on
27    an  individual student basis but shall be aggregated for each
28    school building in which the tests are  given.   State-level,
29    school,  and  district scores shall be reported both with and
30    without the results of the short answer questions so that the
31    effect of short  answer  questions  is  clearly  discernible.
32    Beginning in the second year of this pilot program, scores on
33    the  short  answer  questions  shall  be  reported both on an
34    individual student basis and on a school  building  basis  in
HB2188 Engrossed            -6-               LRB9103417NTsbA
 1    order   to  monitor  the  effects  of  teacher  training  and
 2    curriculum improvements on score results.
 3        The State Board of Education shall not continue  the  use
 4    of   short   answer   questions   in  the  math  and  reading
 5    assessments, or extend the use of  such  questions  to  other
 6    State  assessments,  unless  this  pilot project demonstrates
 7    that  the  use  of  short  answer  questions  results  in   a
 8    statistically  significant improvement in student achievement
 9    as measured on the State assessments for math and reading and
10    is justifiable in terms of cost and student performance.
11        (b)  It shall be the policy of  the  State  to  encourage
12    school  districts  to  continuously test pupil proficiency in
13    the fundamental learning areas  in  order  to:   (i)  provide
14    timely   information   on  individual  students'  performance
15    relative  to  State  standards  that  is  adequate  to  guide
16    instructional strategies; (ii)  improve  future  instruction;
17    and  (iii)  complement  the information provided by the State
18    testing system described in this  Section.   Each  district's
19    school  improvement plan must address specific activities the
20    district intends to implement to assist pupils who by teacher
21    judgment and test results as prescribed in subsection (a)  of
22    this  Section  demonstrate  that  they  are not meeting State
23    goals or local objectives. Such activities may  include,  but
24    shall  not be limited to, summer school, extended school day,
25    special homework, tutorial sessions,  modified  instructional
26    materials,  other modifications in the instructional program,
27    reduced class size or retention in grade.   To assist  school
28    districts  in  testing  pupil  proficiency  in reading in the
29    primary grades, the State Board shall make  optional  reading
30    inventories  for diagnostic purposes available to each school
31    district  that  requests  such  assistance.   Districts  that
32    administer the reading inventories  may  develop  remediation
33    programs  for  students who perform in the bottom half of the
34    student population.  Those remediation programs may be funded
HB2188 Engrossed            -7-               LRB9103417NTsbA
 1    by moneys provided under the School  Safety  and  Educational
 2    Improvement  Block  Grant  Program  established under Section
 3    2-3.51.5.  Nothing  in  this  Section  shall  prevent  school
 4    districts from implementing testing and remediation  policies
 5    for grades not required under this Section.
 6        (c)  Beginning  with  the  1999-2000  school  year,  each
 7    school  district  that  operates  a  high  school program for
 8    students in grades 9 through 12 shall annually administer the
 9    Prairie State Achievement Examination established under  this
10    subsection  to  its  12th  grade students as set forth below.
11    The Prairie State Achievement Examination shall be  developed
12    by   the   State   Board  of  Education  to  measure  student
13    performance in the 5 fundamental academic areas  of  reading,
14    writing,  mathematics,  science,  and  social  sciences.  The
15    State  Board  of  Education  shall  establish  the   academic
16    standards  that are to apply in measuring student performance
17    on the Prairie  State  Achievement  Examination  in  those  5
18    fundamental  academic  areas, including the minimum composite
19    examination score and the minimum score in  each  area  that,
20    taken  together,  will  qualify  a  student  to  receive  the
21    Prairie State Achievement Award from the State in recognition
22    of the student's excellent performance. Each school  district
23    that  is  subject  to the requirements of this subsection (c)
24    shall afford a graduating student 2 opportunities to take the
25    Prairie State Achievement Examination during the semester  in
26    which  the  student  will  graduate.    The  State  Board  of
27    Education shall annually notify districts of the weeks during
28    which  these test administrations shall be required to occur.
29    Each student, exclusive of  a  student  whose  individualized
30    educational program developed under Article 14 identifies the
31    Prairie  State  Achievement  Examination as inappropriate for
32    the student, shall be required to take the examination in the
33    final semester before his or her graduation.   Score  reports
34    for  each  fundamental academic area shall indicate the score
HB2188 Engrossed            -8-               LRB9103417NTsbA
 1    that qualifies as an excellent score on that portion  of  the
 2    examination.    Any   student   who  attains  a  satisfactory
 3    composite score but who fails to earn a qualifying  score  in
 4    any  one  or  more  of  the fundamental academic areas on the
 5    initial test administration for the semester during which the
 6    student will graduate from high school shall be permitted  to
 7    retake such portion or portions of the examination during the
 8    second  test  of that semester.  Districts shall inform their
 9    students of the timelines and procedures applicable to  their
10    optional  participation in such additional administrations of
11    the Prairie State Achievement Examination. Students receiving
12    special education services whose  individualized  educational
13    programs  identify  the Prairie State Achievement Examination
14    as inappropriate for them nevertheless shall have the  option
15    of  taking  the  examination,  which shall be administered to
16    those students in accordance with standards adopted   by  the
17    State  Board  of  Education  to  accommodate  the  respective
18    disabilities  of  those students.  A student who successfully
19    completes  all  other  applicable  high   school   graduation
20    requirements  but  fails  to  receive  a score on the Prairie
21    State Achievement Examination that qualifies the student  for
22    receipt   of   the  Prairie  State  Achievement  Award  shall
23    nevertheless qualify for the receipt of a regular high school
24    diploma.
25    (Source:  P.A. 89-610,  eff.  8-6-96;  90-566,  eff.  1-2-98;
26    90-789, eff. 8-14-98.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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