Illinois General Assembly - Full Text of HB4380
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Full Text of HB4380  99th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Legislative intent. It is the intent of the
5General Assembly to set forth in law that:
6        (1) students ought to spend the maximum amount of time
7    learning;
8        (2) time spent getting tested or preparing for tests
9    threatens the ability of a school to perform as a place of
10    learning; and
11        (3) existing non-PARCC (Partnership for Assessment of
12    Readiness for College and Careers) standardized tests
13    administered in high schools, including without limitation
14    standardized tests used to test potential college
15    applicants, provide adequate information to policymakers
16    of the educational efficacy of each individual high school
17    and school district and make additional testing redundant
18    and unnecessary.
19    Section 5. The School Code is amended by changing Section
202-3.64a-5 as follows:
21    (105 ILCS 5/2-3.64a-5)
22    Sec. 2-3.64a-5. State goals and assessment.



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1    (a) For the assessment and accountability purposes of this
2Section, "students" includes those students enrolled in a
3public or State-operated elementary school, secondary school,
4or cooperative or joint agreement with a governing body or
5board of control, a charter school operating in compliance with
6the Charter Schools Law, a school operated by a regional office
7of education under Section 13A-3 of this Code, or a public
8school administered by a local public agency or the Department
9of Human Services.
10    (b) The State Board of Education shall establish the
11academic standards that are to be applicable to students who
12are subject to State assessments under this Section. The State
13Board of Education shall not establish any such standards in
14final form without first providing opportunities for public
15participation and local input in the development of the final
16academic standards. Those opportunities shall include a
17well-publicized period of public comment and opportunities to
18file written comments.
19    (c) Beginning no later than the 2014-2015 school year, the
20State Board of Education shall annually assess all students
21enrolled in grades 3 through 8 in English language arts and
23    Beginning no later than the 2017-2018 school year, the
24State Board of Education shall annually assess all students in
25science at one grade in grades 3 through 5, at one grade in
26grades 6 through 8, and at one grade in grades 9 through 12.



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1    The State Board of Education shall annually assess schools
2that operate a secondary education program, as defined in
3Section 22-22 of this Code, in English language arts and
4mathematics. The State Board of Education shall administer no
5more than 3 assessments, per student, of English language arts
6and mathematics for students in a secondary education program
7until the expiration of any contracts entered into before the
8effective date of this amendatory Act of the 99th General
9Assembly between the State Board of Education and the company
10or companies that operate the PARCC (Partnership for Assessment
11of Readiness for College and Careers) tests, with one . One of
12these assessments including shall include a college and career
13ready determination that shall be accepted by this State's
14public institutions of higher education, as defined in the
15Board of Higher Education Act, for the purpose of student
16application or admissions consideration. After the expiration
17of any contracts entered into before the effective date of this
18amendatory Act of the 99th General Assembly between the State
19Board of Education and the company or companies that operate
20the PARCC tests, the State Board of Education shall enter into
212 separate contracts, one to administer the ACT and one to
22administer the SAT. Each school district must be offered the
23opportunity to choose between the 2 examinations. This
24examination shall constitute a secondary education program
25annual assessment for the purpose of implementing this Section.
26Subject to appropriation, the State Board of Education is



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1required to cover all expenses for each student to take one of
2the 2 examinations for the purpose of college application or
3admissions consideration. If the student chooses to take both
4examinations, the student or his or her parent or guardian is
5required to cover expenses for the other examination. The State
6Board of Education shall take whatever may be appropriate ways
7and means, including a request for a federal waiver or waivers
8if required, to ensure that, should a waiver or waivers be
9granted pursuant to this request, no State assessments other
10than these 2 examinations may be administered to students in a
11secondary education program after the expiration of any
12contracts entered into before the effective date of this
13amendatory Act of the 99th General Assembly between the State
14Board of Education and the company or companies that operate
15the PARCC tests. Notwithstanding the mandate to administer
16these 2 examinations, should the PARCC test continue to be
17required of Illinois high schools by federal mandate, the PARCC
18test shall continue to be administered to students in a
19secondary education program.
20    Students who are not assessed for college and career ready
21determinations may not receive a regular high school diploma
22unless the student is exempted from taking State assessments
23under subsection (d) of this Section because (i) the student's
24individualized educational program developed under Article 14
25of this Code identifies the State assessment as inappropriate
26for the student, (ii) the student is enrolled in a program of



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1adult and continuing education, as defined in the Adult
2Education Act, (iii) the school district is not required to
3assess the individual student for purposes of accountability
4under federal No Child Left Behind Act of 2001 requirements,
5(iv) the student has been determined to be an English learner
6and has been enrolled in schools in the United States for less
7than 12 months, or (v) the student is otherwise identified by
8the State Board of Education, through rules, as being exempt
9from the assessment.
10    The State Board of Education shall not assess students
11under this Section in subjects not required by this Section.
12    Districts shall inform their students of the timelines and
13procedures applicable to their participation in every yearly
14administration of the State assessments. The State Board of
15Education shall establish periods of time in each school year
16during which State assessments shall occur to meet the
17objectives of this Section.
18    (d) Every individualized educational program as described
19in Article 14 shall identify if the State assessment or
20components thereof are appropriate for the student. The State
21Board of Education shall develop rules governing the
22administration of an alternate assessment that may be available
23to students for whom participation in this State's regular
24assessments is not appropriate, even with accommodations as
25allowed under this Section.
26    Students receiving special education services whose



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1individualized educational programs identify them as eligible
2for the alternative State assessments nevertheless shall have
3the option of taking this State's regular assessment that
4includes a college and career ready determination, which shall
5be administered in accordance with the eligible accommodations
6appropriate for meeting these students' respective needs.
7    All students determined to be English learners shall
8participate in the State assessments, excepting those students
9who have been enrolled in schools in the United States for less
10than 12 months. Such students may be exempted from
11participation in one annual administration of the English
12language arts assessment. Any student determined to be an
13English learner shall receive appropriate assessment
14accommodations, including language supports, which shall be
15established by rule. Approved assessment accommodations must
16be provided until the student's English language skills develop
17to the extent that the student is no longer considered to be an
18English learner, as demonstrated through a State-identified
19English language proficiency assessment.
20    (e) The results or scores of each assessment taken under
21this Section shall be made available to the parents of each
23    In each school year, the scores attained by a student on
24the State assessment that includes a college and career ready
25determination must be placed in the student's permanent record
26and must be entered on the student's transcript pursuant to



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1rules that the State Board of Education shall adopt for that
2purpose in accordance with Section 3 of the Illinois School
3Student Records Act. In each school year, the scores attained
4by a student on the State assessments administered in grades 3
5through 8 must be placed in the student's temporary record.
6    (f) All schools shall administer an academic assessment of
7English language proficiency in oral language (listening and
8speaking) and reading and writing skills to all children
9determined to be English learners.
10    (g) All schools in this State that are part of the sample
11drawn by the National Center for Education Statistics, in
12collaboration with their school districts and the State Board
13of Education, shall administer the biennial academic
14assessments under the National Assessment of Educational
15Progress carried out under Section 411(b)(2) of the federal
16National Education Statistics Act of 1994 (20 U.S.C. 9010) if
17the U.S. Secretary of Education pays the costs of administering
18the assessments.
19    (h) Subject to available funds to this State for the
20purpose of student assessment, the State Board of Education
21shall provide additional assessments and assessment resources
22that may be used by school districts for local assessment
23purposes. The State Board of Education shall annually
24distribute a listing of these additional resources.
25    (i) For the purposes of this subsection (i), "academically
26based assessments" means assessments consisting of questions



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



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1at the local and State levels to prepare for and administer the
2assessments, the collective results of the assessments as
3measured against the stated purpose of assessing student
4performance, and other issues involving the assessments
5identified by the Committee. The Committee shall make periodic
6recommendations to the State Superintendent of Education and
7the General Assembly concerning the assessments.
8    (k) The State Board of Education may adopt rules to
9implement this Section.
10(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
1199-185, eff. 1-1-16; revised 10-16-15.)
12    Section 99. Effective date. This Act takes effect July 1,