HB5285 102ND GENERAL ASSEMBLY

LRB102 23977 CMG 33182 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5285

Introduced 1/31/2022, by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.64a-15 new

Amends the School Code. Prohibits the State Board of Education from developing, purchasing, or requiring a school district to administer, develop, or purchase a standardized assessment for students enrolled or preparing to enroll in prekindergarten through grade 2, other than for diagnostic purposes. Prohibits the State Board of Education from providing funding for any standardized assessment of students enrolled or preparing to enroll in prekindergarten through grade 2. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 2-3.64a-15 as follows:

(105 ILCS 5/2-3.64a-15 new)

Sec. 2-3.64a-15. Restrictions on prekindergarten through grade 2 assessments.

(a) In this Section:

"Diagnostic purposes" means for the purpose of determining if individual students need remedial instruction or to determine eligibility for special education, early intervention, or related services. Any assessment used to determine eligibility for special education or related services must be consistent with Section 614 of the federal Individuals with Disabilities Education Act. "Diagnostic purposes" includes child find and the identification and evaluation of students with disabilities. "Diagnostic purposes" does not include any assessment in which student scores are used to rate or rank a classroom, program, teacher, school, school district, or jurisdiction.

"Standardized assessment" means an assessment that requires all student test takers to answer the same questions, or a selection of questions from a common bank of questions, in the same manner or substantially the same questions in the same manner. "Standardized assessment" does not include an observational assessment tool used to satisfy the requirements of Section 2-3.64a-10.

(b) The State Board of Education may not develop, purchase, or require a school district to administer, develop, or purchase a standardized assessment for students enrolled or preparing to enroll in prekindergarten through grade 2, other than for diagnostic purposes.

(c) The State Board of Education may not provide funding for any standardized assessment of students enrolled or preparing to enroll in prekindergarten through grade 2.

(d) Nothing in this Section shall be construed to limit the ability of a classroom teacher or school district to develop, purchase, administer, or score an assessment for an individual classroom, grade level, or group of grade levels in any subject area in prekindergarten through the grade 2.

(e) Nothing in this Section limits procedures used by a school or school district for Child Find under 34 C.F.R. 300.111(c) or evaluation under 34 C.F.R. 300.304.

(f) Nothing in this Section restricts the use of an annual assessment of English proficiency of all English learners to comply with Section 1111(b)(2)(G) of the federal Elementary and Secondary Education Act of 1965.

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