HB3759 EngrossedLRB103 30252 RJT 56680 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
52-3.64a-5 and 10-20.5a as follows:
6    (105 ILCS 5/2-3.64a-5)
7    Sec. 2-3.64a-5. State goals and assessment.
8    (a) For the assessment and accountability purposes of this
9Section, "students" includes those students enrolled in a
10public or State-operated elementary school, secondary school,
11or cooperative or joint agreement with a governing body or
12board of control, a charter school operating in compliance
13with the Charter Schools Law, a school operated by a regional
14office of education under Section 13A-3 of this Code, or a
15public school administered by a local public agency or the
16Department of Human Services.
17    (b) The State Board of Education shall establish the
18academic standards that are to be applicable to students who
19are subject to State assessments under this Section. The State
20Board of Education shall not establish any such standards in
21final form without first providing opportunities for public
22participation and local input in the development of the final
23academic standards. Those opportunities shall include a



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1well-publicized period of public comment and opportunities to
2file written comments.
3    (c) Beginning no later than the 2014-2015 school year, the
4State Board of Education shall annually assess all students
5enrolled in grades 3 through 8 in English language arts and
7    Beginning no later than the 2017-2018 school year, the
8State Board of Education shall annually assess all students in
9science at one grade in grades 3 through 5, at one grade in
10grades 6 through 8, and at one grade in grades 9 through 12.
11    The State Board of Education shall annually assess schools
12that operate a secondary education program, as defined in
13Section 22-22 of this Code, in English language arts and
14mathematics. The State Board of Education shall administer no
15more than 3 assessments, per student, of English language arts
16and mathematics for students in a secondary education program.
17One of these assessments shall be recognized by this State's
18public institutions of higher education, as defined in the
19Board of Higher Education Act, for the purpose of student
20application or admissions consideration. The assessment
21administered by the State Board of Education for the purpose
22of student application to or admissions consideration by
23institutions of higher education must be administered on a
24school day during regular student attendance hours, and
25student profile information collected by the assessment shall
26be made available to the State's public institutions of higher



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1education in a timely manner.
2    Students who do not take the State's final accountability
3assessment or its approved alternate assessment may not
4receive a regular high school diploma unless the student is
5exempted from taking the State assessments under subsection
6(d) of this Section because the student is enrolled in a
7program of adult and continuing education, as defined in the
8Adult Education Act, or the student is identified by the State
9Board of Education, through rules, as being exempt from the
11    The State Board of Education shall not assess students
12under this Section in subjects not required by this Section.
13    Districts shall inform their students of the timelines and
14procedures applicable to their participation in every yearly
15administration of the State assessments. The State Board of
16Education shall establish periods of time in each school year
17during which State assessments shall occur to meet the
18objectives of this Section.
19    The requirements of this subsection do not apply if the
20State Board of Education has received a waiver from the
21administration of assessments from the U.S. Department of
23    (d) Every individualized educational program as described
24in Article 14 shall identify if the State assessment or
25components thereof require accommodation for the student. The
26State Board of Education shall develop rules governing the



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1administration of an alternate assessment that may be
2available to students for whom participation in this State's
3regular assessments is not appropriate, even with
4accommodations as allowed under this Section.
5    Students receiving special education services whose
6individualized educational programs identify them as eligible
7for the alternative State assessments nevertheless shall have
8the option of also taking this State's regular final
9accountability assessment, which shall be administered in
10accordance with the eligible accommodations appropriate for
11meeting these students' respective needs.
12    All students determined to be English learners shall
13participate in the State assessments. The scores of those
14students who have been enrolled in schools in the United
15States for less than 12 months may not be used for the purposes
16of accountability. Any student determined to be an English
17learner shall receive appropriate assessment accommodations,
18including language supports, which shall be established by
19rule. Approved assessment accommodations must be provided
20until the student's English language skills develop to the
21extent that the student is no longer considered to be an
22English learner, as demonstrated through a State-identified
23English language proficiency assessment.
24    (e) The results or scores of each assessment taken under
25this Section shall be made available to the parents of each



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1    In each school year, the scores attained by a student on
2the final accountability assessment must be placed in the
3student's permanent record pursuant to rules that the State
4Board of Education shall adopt for that purpose in accordance
5with Section 3 of the Illinois School Student Records Act. In
6each school year, the scores attained by a student on the State
7assessments administered in grades 3 through 8 must be placed
8in the student's temporary record.
9    (f) All schools shall administer the State's academic
10assessment of English language proficiency to all children
11determined to be English learners.
12    (g) All schools in this State that are part of the sample
13drawn by the National Center for Education Statistics, in
14collaboration with their school districts and the State Board
15of Education, shall administer the academic assessments under
16the National Assessment of Educational Progress carried out
17under Section 411(b)(2) of the federal National Education
18Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
19of Education pays the costs of administering the assessments.
20    (h) (Blank).
21    (i) For the purposes of this subsection (i), "academically
22based assessments" means assessments consisting of questions
23and answers that are measurable and quantifiable to measure
24the knowledge, skills, and ability of students in the subject
25matters covered by the assessments. All assessments
26administered pursuant to this Section must be academically



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1based assessments. The scoring of academically based
2assessments shall be reliable, valid, and fair and shall meet
3the guidelines for assessment development and use prescribed
4by the American Psychological Association, the National
5Council on Measurement in Education, and the American
6Educational Research Association.
7    The State Board of Education shall review the use of all
8assessment item types in order to ensure that they are valid
9and reliable indicators of student performance aligned to the
10learning standards being assessed and that the development,
11administration, and scoring of these item types are
12justifiable in terms of cost.
13    (j) The State Superintendent of Education shall appoint a
14committee of no more than 21 members, consisting of parents,
15teachers, school administrators, school board members,
16assessment experts, regional superintendents of schools, and
17citizens, to review the State assessments administered by the
18State Board of Education. The Committee shall select one of
19its members as its chairperson. The Committee shall meet on an
20ongoing basis to review the content and design of the
21assessments (including whether the requirements of subsection
22(i) of this Section have been met), the time and money expended
23at the local and State levels to prepare for and administer the
24assessments, the collective results of the assessments as
25measured against the stated purpose of assessing student
26performance, and other issues involving the assessments



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1identified by the Committee. The Committee shall make periodic
2recommendations to the State Superintendent of Education and
3the General Assembly concerning the assessments.
4    (k) The State Board of Education may adopt rules to
5implement this Section.
6(Source: P.A. 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
7100-863, eff. 8-14-18; 100-1046, eff. 8-23-18; 101-643, eff.
9    (105 ILCS 5/10-20.5a)  (from Ch. 122, par. 10-20.5a)
10    Sec. 10-20.5a. Access to high school campus.
11    (a) For school districts maintaining grades 10 through 12,
12to provide, on an equal basis, and consistent with the federal
13Educational Rights and Privacy Act, access to a high school
14campus and student directory information to the official
15recruiting representatives of the armed forces of Illinois and
16the United States, and State public institutions of higher
17education for the purpose of informing students of the
18educational and career opportunities available in the military
19if the board has provided such access to persons or groups
20whose purpose is to acquaint students with educational or
21occupational opportunities available to them. The board is not
22required to give greater notice regarding the right of access
23to recruiting representatives than is given to other persons
24and groups. In this Section, "directory information" means a
25high school student's name, address, and telephone number.



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1    (b) If a student or his or her parent or guardian submits a
2signed, written request to the high school before the end of
3the student's sophomore year (or if the student is a transfer
4student, by another time set by the high school) that
5indicates that the student or his or her parent or guardian
6does not want the student's directory information to be
7provided to official recruiting representatives under
8subsection (a) of this Section, the high school may not
9provide access to the student's directory information to these
10recruiting representatives. The high school shall notify its
11students and their parents or guardians of the provisions of
12this subsection (b).
13    (c) A high school may require official recruiting
14representatives of the armed forces of Illinois and the United
15States to pay a fee for copying and mailing a student's
16directory information in an amount that is not more than the
17actual costs incurred by the high school.
18    (d) Information received by an official recruiting
19representative under this Section may be used only to provide
20information to students concerning educational and career
21opportunities available in the military and may not be
22released to a person who is not involved in recruiting
23students for the armed forces of Illinois or the United
24States, or State institutions of higher education.
25    (e) By January 1, 2024, student directory information
26shall be made electronically accessible through a secure



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1centralized data system for official recruiting
2representatives of the armed forces of Illinois and the United
3States, and State public institutions of higher education.
4(Source: P.A. 92-527, eff. 6-1-02.)