093_HB2497

 
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 1        AN ACT regarding 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
 5    Section 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
 9    Board    of   Education   shall   establish   standards   and
10    periodically, in collaboration with local  school  districts,
11    conduct  studies of student performance in the learning areas
12    of fine arts and physical development/health.  Beginning with
13    the 1998-1999 school year, the State Board of Education shall
14    annually test: (i) all pupils enrolled in the 3rd,  5th,  and
15    8th  grades  in  English language arts (reading, writing, and
16    English  grammar)  and  mathematics;  and  (ii)  all   pupils
17    enrolled  in  the  4th  and  7th grades in the biological and
18    physical  sciences  and   the   social   sciences   (history,
19    geography,  civics,  economics,  and  government).  The State
20    Board of Education shall  establish  the  academic  standards
21    that  are to be applicable to pupils who are subject to State
22    tests under this Section beginning with the 1998-1999  school
23    year.   However,  the  State  Board  of  Education  shall not
24    establish any such standards  in  final  form  without  first
25    providing  opportunities  for  public participation and local
26    input in the development of  the  final  academic  standards.
27    Those opportunities shall include a well-publicized period of
28    public  comment,  public  hearings  throughout the State, and
29    opportunities to file written comments.  Beginning  with  the
30    1998-99  school  year  and  thereafter,  the State tests will
31    identify pupils in the 3rd grade or 5th grade who do not meet
 
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 1    the State standards.  If, by performance on the  State  tests
 2    or  local  assessments  or  by  teacher judgment, a student's
 3    performance is determined  to  be  2  or  more  grades  below
 4    current   placement,   the   student   shall  be  provided  a
 5    remediation program developed by the district in consultation
 6    with a parent or  guardian.  Such  remediation  programs  may
 7    include,   but   shall   not  be  limited  to,  increased  or
 8    concentrated instructional time,  a  remedial  summer  school
 9    program  of  not  less  than 90 hours, improved instructional
10    approaches,  tutorial  sessions,  retention  in  grade,   and
11    modifications  to  instructional  materials.   Each pupil for
12    whom a remediation program is developed under this subsection
13    shall be required to enroll in and  attend  whatever  program
14    the   district  determines  is  appropriate  for  the  pupil.
15    Districts may combine students in remediation programs  where
16    appropriate  and  may  cooperate  with other districts in the
17    design  and  delivery  of  those  programs.   The  parent  or
18    guardian of  a  student  required  to  attend  a  remediation
19    program  under  this Section shall be given written notice of
20    that requirement by the school  district  a  reasonable  time
21    prior  to  commencement  of  the remediation program that the
22    student is to attend.  The State  shall  be  responsible  for
23    providing  school  districts  with  the  new  and  additional
24    funding,  under  Section  2-3.51.5  or by other or additional
25    means, that is required to enable the  districts  to  operate
26    remediation  programs  for  the  pupils  who  are required to
27    enroll in and  attend  those  programs  under  this  Section.
28    Every  individualized  educational  program  as  described in
29    Article 14 shall identify if the  State  test  or  components
30    thereof  are  appropriate for that student.  For those pupils
31    for whom the  State  tests  or  components  thereof  are  not
32    appropriate, the State Board of Education shall develop rules
33    and  regulations  governing the administration of alternative
34    tests  prescribed  within   each   student's   individualized
 
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 1    educational  program  which are appropriate to the disability
 2    of each student.  All pupils who  are  in  a  State  approved
 3    transitional  bilingual  education  program  or  transitional
 4    program  of instruction shall participate in the State tests.
 5    Any student  who  has  been  enrolled  in  a  State  approved
 6    bilingual  education program less than 3 academic years shall
 7    be exempted if the student's lack of English as determined by
 8    an English language proficiency test would keep  the  student
 9    from  understanding  the  test,  and  that student's district
10    shall have an alternative test  program  in  place  for  that
11    student.   The  State Board of Education shall appoint a task
12    force of concerned parents, teachers,  school  administrators
13    and   other  professionals  to  assist  in  identifying  such
14    alternative tests.  Reasonable accommodations  as  prescribed
15    by  the  State  Board  of  Education  shall  be  provided for
16    individual students  in  the  testing  procedure.   All  test
17    procedures  prescribed  by the State Board of Education shall
18    require: (i) that each test used for State and local  student
19    testing  under this Section identify by name the pupil taking
20    the test; (ii) that the name of the pupil taking the test  be
21    placed  on the test at the time the test is taken; (iii) that
22    the results or scores of each test taken under  this  Section
23    by  a  pupil  of  the  school  district  be  reported to that
24    district and identify by name  the  pupil  who  received  the
25    reported  results  or  scores;  and  (iv) that the results or
26    scores  of  each  test  taken  under  this  Section  be  made
27    available  to  the  parents  of  the  pupil.   In   addition,
28    beginning  with  the 2000-2001 school year and in each school
29    year thereafter, the highest scores  and  performance  levels
30    attained  by  a  student  on  the  Prairie  State Achievement
31    Examination administered under subsection (c) of this Section
32    shall become part of the student's permanent record and shall
33    be  entered  on  the   student's   transcript   pursuant   to
34    regulations   that   the   State  Board  of  Education  shall
 
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 1    promulgate for that purpose in accordance with Section 3  and
 2    subsection  (e)  of  Section 2 of the Illinois School Student
 3    Records Act.  Beginning with the 1998-1999 school year and in
 4    every school year thereafter, scores received by students  on
 5    the State assessment tests administered in grades 3 through 8
 6    shall  be placed into students' temporary records.  The State
 7    Board of Education shall establish a  common  month  in  each
 8    school  year  for which State testing shall occur to meet the
 9    objectives of this Section.  However, if  the  schools  of  a
10    district  are closed and classes are not scheduled during any
11    week that is established by the State Board of  Education  as
12    the  week  of the month when State testing under this Section
13    shall occur, the school district may administer the  required
14    State  testing  at  any time up to 2 weeks following the week
15    established by the State Board of Education for the  testing,
16    so  long  as  the  school  district  gives the State Board of
17    Education written notice of its intention to deviate from the
18    established schedule by December 1  of  the  school  year  in
19    which  falls  the  week  established  by  the  State Board of
20    Education for the testing.  The maximum time allowed for  all
21    actual  testing  required  under  this  subsection during the
22    school year shall not exceed 25 hours as allocated among  the
23    required tests by the State Board of Education.
24        (a-5)  All  tests  administered  pursuant to this Section
25    shall be  academically  based.   For  the  purposes  of  this
26    Section   "academically   based   tests"   shall  mean  tests
27    consisting of questions and answers that are  measurable  and
28    quantifiable  to measure the knowledge, skill, and ability of
29    students in  the  subject  matters  covered  by  tests.   The
30    scoring of academically based tests shall be reliable, valid,
31    unbiased  and  shall meet the guidelines for test development
32    and use prescribed by the American Psychological Association,
33    the National Council of Measurement and Evaluation,  and  the
34    American Educational Research Association. Academically based
 
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 1    tests   shall  not  include  assessments  or  evaluations  of
 2    attitudes, values, or beliefs,  or  testing  of  personality,
 3    self-esteem,  or self-concept. Nothing in this amendatory Act
 4    is  intended,  nor  shall  it  be  construed,   to   nullify,
 5    supersede,  or  contradict the legislative intent on academic
 6    testing expressed during the passage of HB 1005/P.A. 90-296.
 7        Beginning in the 1998-1999 school year, the  State  Board
 8    of  Education  may,  on  a  pilot basis, include in the State
 9    assessments in reading and math at each grade level tested no
10    more than 2 short answer questions, where  students  have  to
11    respond   in   brief   to   questions   or  prompts  or  show
12    computations, rather than select from alternatives  that  are
13    presented.   In  the first year that such questions are used,
14    scores on the short answer questions shall not be reported on
15    an individual student basis but shall be aggregated for  each
16    school  building  in which the tests are given.  State-level,
17    school, and district scores shall be reported both  with  and
18    without the results of the short answer questions so that the
19    effect  of  short  answer  questions  is clearly discernible.
20    Beginning in the second year of this pilot program, scores on
21    the short answer questions  shall  be  reported  both  on  an
22    individual  student  basis  and on a school building basis in
23    order  to  monitor  the  effects  of  teacher  training   and
24    curriculum improvements on score results.
25        The  State  Board of Education shall not continue the use
26    of  short  answer  questions  in   the   math   and   reading
27    assessments,  or  extend  the  use of such questions to other
28    State assessments, unless  this  pilot  project  demonstrates
29    that   the  use  of  short  answer  questions  results  in  a
30    statistically significant improvement in student  achievement
31    as measured on the State assessments for math and reading and
32    is justifiable in terms of cost and student performance.
33        (b)  It  shall  be  the  policy of the State to encourage
34    school districts to continuously test  pupil  proficiency  in
 
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 1    the  fundamental  learning  areas  in  order to:  (i) provide
 2    timely  information  on  individual   students'   performance
 3    relative  to  State  standards  that  is  adequate  to  guide
 4    instructional  strategies;  (ii)  improve future instruction;
 5    and (iii) complement the information provided  by  the  State
 6    testing  system  described  in this Section.  Each district's
 7    school improvement plan must address specific activities  the
 8    district intends to implement to assist pupils who by teacher
 9    judgment  and test results as prescribed in subsection (a) of
10    this Section demonstrate that  they  are  not  meeting  State
11    standards  or  local objectives. Such activities may include,
12    but shall not be limited to, summer school,  extended  school
13    day,    special   homework,   tutorial   sessions,   modified
14    instructional   materials,   other   modifications   in   the
15    instructional program, reduced class  size  or  retention  in
16    grade.    To   assist   school  districts  in  testing  pupil
17    proficiency in reading in the primary grades, the State Board
18    shall  make  optional  reading  inventories  for   diagnostic
19    purposes available to each school district that requests such
20    assistance.     Districts   that   administer   the   reading
21    inventories may develop remediation programs for students who
22    perform in the bottom half of the student population.   Those
23    remediation  programs  may be funded by moneys provided under
24    the School Safety and  Educational  Improvement  Block  Grant
25    Program  established under Section 2-3.51.5.  Nothing in this
26    Section shall  prevent  school  districts  from  implementing
27    testing  and  remediation  policies  for  grades not required
28    under this Section.
29        (c)  Beginning  with  the  2000-2001  school  year,  each
30    school district that  operates  a  high  school  program  for
31    students in grades 9 through 12 shall annually administer the
32    Prairie  State Achievement Examination established under this
33    subsection to its students as set forth below.   The  Prairie
34    State Achievement Examination shall be developed by the State
 
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 1    Board  of  Education  to  measure  student performance in the
 2    academic areas of reading, writing, mathematics, science, and
 3    social  sciences.   The  State  Board  of   Education   shall
 4    establish  the  academic  standards  that  are  to  apply  in
 5    measuring   student   performance   on   the   Prairie  State
 6    Achievement Examination  including  the  minimum  examination
 7    score  in  each area that will qualify a student to receive a
 8    Prairie State Achievement Award from the State in recognition
 9    of the student's excellent performance.  Each school district
10    that is subject to the requirements of  this  subsection  (c)
11    shall afford all students 2 opportunities to take the Prairie
12    State  Achievement Examination beginning as late as practical
13    during the second semester of  grade  11,  but  in  no  event
14    before  March 1.  The State Board of Education shall annually
15    notify  districts  of  the  weeks  during  which  these  test
16    administrations  shall   be   required   to   occur.    Every
17    individualized educational program as described in Article 14
18    shall  identify  if the Prairie State Achievement Examination
19    or components thereof are appropriate for that student.  Each
20    student,   exclusive   of   a  student  whose  individualized
21    educational program developed under Article 14 identifies the
22    Prairie State Achievement Examination  as  inappropriate  for
23    the  student,  shall  be  required to take the examination in
24    grade  11.   For  each  academic  area  the  State  Board  of
25    Education shall establish the score that  qualifies  for  the
26    Prairie  State  Achievement  Award  on  that  portion  of the
27    examination.  Any student who  fails  to  earn  a  qualifying
28    score  for  a  Prairie  State Achievement Award in any one or
29    more of the academic areas on the initial test administration
30    or who wishes to improve his or her score on any  portion  of
31    the  examination shall be permitted to retake such portion or
32    portions of the examination during grade 12.  Districts shall
33    inform  their  students  of  the  timelines  and   procedures
34    applicable   to   their   participation   in   every   yearly
 
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 1    administration  of the Prairie State Achievement Examination.
 2    Students   receiving   special   education   services   whose
 3    individualized  educational  programs  identify  the  Prairie
 4    State  Achievement  Examination  as  inappropriate  for  them
 5    nevertheless shall have the option of taking the examination,
 6    which shall be administered to those students  in  accordance
 7    with  standards  adopted   by the State Board of Education to
 8    accommodate the respective disabilities of those students.  A
 9    student who successfully completes all other applicable  high
10    school  graduation  requirements but fails to receive a score
11    on the Prairie State Achievement Examination  that  qualifies
12    the  student for receipt of a Prairie State Achievement Award
13    shall nevertheless qualify for the receipt of a regular  high
14    school diploma.
15        (d)  Beginning   with  the  2002-2003  school  year,  all
16    schools in this State that are part of the  sample  drawn  by
17    the    National   Center   for   Education   Statistics,   in
18    collaboration with their school districts and the State Board
19    of Education, shall administer the  biennial  State  academic
20    assessments  of  4th  and  8th  grade reading and mathematics
21    under the National Assessment of Educational Progress carried
22    out  under  Section  411(b)(2)  of  the  National   Education
23    Statistics  Act  of 1994 (20 U.S.C. 9010) if the Secretary of
24    Education pays the costs of administering the assessments.
25        (e)  Every year, the State Board of Education shall  make
26    available  a  representative  form  of  each  test instrument
27    required  under  this  Section  for  public  review  and  for
28    formative student evaluation.
29    (Source:  P.A. 91-283, eff. 7-29-99; 92-604, eff. 7-1-02.)

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