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


Rep. David McSweeney

Filed: 3/23/2016





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2    AMENDMENT NO. ______. Amend House Bill 4380 by replacing
3everything after the enacting clause with the following:
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



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1    and unnecessary.
2    Section 5. The School Code is amended by changing Section
32-3.64a-5 as follows:
4    (105 ILCS 5/2-3.64a-5)
5    Sec. 2-3.64a-5. State goals and assessment.
6    (a) For the assessment and accountability purposes of this
7Section, "students" includes those students enrolled in a
8public or State-operated elementary school, secondary school,
9or cooperative or joint agreement with a governing body or
10board of control, a charter school operating in compliance with
11the Charter Schools Law, a school operated by a regional office
12of education under Section 13A-3 of this Code, or a public
13school administered by a local public agency or the Department
14of Human Services.
15    (b) The State Board of Education shall establish the
16academic standards that are to be applicable to students who
17are subject to State assessments under this Section. The State
18Board of Education shall not establish any such standards in
19final form without first providing opportunities for public
20participation and local input in the development of the final
21academic standards. Those opportunities shall include a
22well-publicized period of public comment and opportunities to
23file written comments.
24    (c) Beginning no later than the 2014-2015 school year, the



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1State Board of Education shall annually assess all students
2enrolled in grades 3 through 8 in English language arts and
4    Beginning no later than the 2017-2018 school year, the
5State Board of Education shall annually assess all students in
6science at one grade in grades 3 through 5, at one grade in
7grades 6 through 8, and at one grade in grades 9 through 12.
8    The State Board of Education shall annually assess schools
9that operate a secondary education program, as defined in
10Section 22-22 of this Code, in English language arts and
11mathematics. The State Board of Education shall administer no
12more than 3 assessments, per student, of English language arts
13and mathematics for students in a secondary education program
14until the expiration of any contracts entered into before the
15effective date of this amendatory Act of the 99th General
16Assembly between the State Board of Education and the company
17or companies that operate the PARCC (Partnership for Assessment
18of Readiness for College and Careers) tests, with one . One of
19these assessments including shall include a college and career
20ready determination that shall be accepted by this State's
21public institutions of higher education, as defined in the
22Board of Higher Education Act, for the purpose of student
23application or admissions consideration. After the expiration
24of any contracts entered into before the effective date of this
25amendatory Act of the 99th General Assembly between the State
26Board of Education and the company or companies that operate



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1the PARCC tests, the State Board of Education shall enter into
22 separate contracts, one to administer the ACT and one to
3administer the SAT. Each school district must be offered the
4opportunity to choose between the 2 examinations. This
5examination shall constitute a secondary education program
6annual assessment for the purpose of implementing this Section.
7Subject to appropriation, the State Board of Education is
8required to cover all expenses for each student to take one of
9the 2 examinations for the purpose of college application or
10admissions consideration. If the student chooses to take both
11examinations, the student or his or her parent or guardian is
12required to cover expenses for the other examination. The State
13Board of Education shall take whatever may be appropriate ways
14and means, including a request for a federal waiver or waivers
15if required, to ensure that, should a waiver or waivers be
16granted pursuant to this request, no State assessments other
17than these 2 examinations may be administered to students in a
18secondary education program after the expiration of any
19contracts entered into before the effective date of this
20amendatory Act of the 99th General Assembly between the State
21Board of Education and the company or companies that operate
22the PARCC tests. Notwithstanding the mandate to administer
23these 2 examinations, should the PARCC test continue to be
24required of Illinois high schools by federal mandate, the PARCC
25test shall continue to be administered to students in a
26secondary education program.



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1    Students who are not assessed for college and career ready
2determinations may not receive a regular high school diploma
3unless the student is exempted from taking State assessments
4under subsection (d) of this Section because (i) the student's
5individualized educational program developed under Article 14
6of this Code identifies the State assessment as inappropriate
7for the student, (ii) the student is enrolled in a program of
8adult and continuing education, as defined in the Adult
9Education Act, (iii) the school district is not required to
10assess the individual student for purposes of accountability
11under federal No Child Left Behind Act of 2001 requirements,
12(iv) the student has been determined to be an English learner
13and has been enrolled in schools in the United States for less
14than 12 months, or (v) the student is otherwise identified by
15the State Board of Education, through rules, as being exempt
16from the assessment.
17    The State Board of Education shall not assess students
18under this Section in subjects not required by this Section.
19    Districts shall inform their students of the timelines and
20procedures applicable to their participation in every yearly
21administration of the State assessments. The State Board of
22Education shall establish periods of time in each school year
23during which State assessments shall occur to meet the
24objectives of this Section.
25    (d) Every individualized educational program as described
26in Article 14 shall identify if the State assessment or



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1components thereof are appropriate for the student. The State
2Board of Education shall develop rules governing the
3administration of an alternate assessment that may be available
4to students for whom participation in this State's regular
5assessments is not appropriate, even with accommodations as
6allowed under this Section.
7    Students receiving special education services whose
8individualized educational programs identify them as eligible
9for the alternative State assessments nevertheless shall have
10the option of taking this State's regular assessment that
11includes a college and career ready determination, which shall
12be administered in accordance with the eligible accommodations
13appropriate for meeting these students' respective needs.
14    All students determined to be English learners shall
15participate in the State assessments, excepting those students
16who have been enrolled in schools in the United States for less
17than 12 months. Such students may be exempted from
18participation in one annual administration of the English
19language arts assessment. Any student determined to be an
20English learner shall receive appropriate assessment
21accommodations, including language supports, which shall be
22established by rule. Approved assessment accommodations must
23be provided until the student's English language skills develop
24to the extent that the student is no longer considered to be an
25English learner, as demonstrated through a State-identified
26English language proficiency assessment.



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1    (e) The results or scores of each assessment taken under
2this Section shall be made available to the parents of each
4    In each school year, the scores attained by a student on
5the State assessment that includes a college and career ready
6determination must be placed in the student's permanent record
7and must be entered on the student's transcript pursuant to
8rules that the State Board of Education shall adopt for that
9purpose in accordance with Section 3 of the Illinois School
10Student Records Act. In each school year, the scores attained
11by a student on the State assessments administered in grades 3
12through 8 must be placed in the student's temporary record.
13    (f) All schools shall administer an academic assessment of
14English language proficiency in oral language (listening and
15speaking) and reading and writing skills to all children
16determined to be English learners.
17    (g) All schools in this State that are part of the sample
18drawn by the National Center for Education Statistics, in
19collaboration with their school districts and the State Board
20of Education, shall administer the biennial academic
21assessments under the National Assessment of Educational
22Progress carried out under Section 411(b)(2) of the federal
23National Education Statistics Act of 1994 (20 U.S.C. 9010) if
24the U.S. Secretary of Education pays the costs of administering
25the assessments.
26    (h) Subject to available funds to this State for the



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1purpose of student assessment, the State Board of Education
2shall provide additional assessments and assessment resources
3that may be used by school districts for local assessment
4purposes. The State Board of Education shall annually
5distribute a listing of these additional resources.
6    (i) For the purposes of this subsection (i), "academically
7based assessments" means assessments consisting of questions
8and answers that are measurable and quantifiable to measure the
9knowledge, skills, and ability of students in the subject
10matters covered by the assessments. All assessments
11administered pursuant to this Section must be academically
12based assessments. The scoring of academically based
13assessments shall be reliable, valid, and fair and shall meet
14the guidelines for assessment development and use prescribed by
15the American Psychological Association, the National Council
16on Measurement in Education, and the American Educational
17Research Association.
18    The State Board of Education shall review the use of all
19assessment item types in order to ensure that they are valid
20and reliable indicators of student performance aligned to the
21learning standards being assessed and that the development,
22administration, and scoring of these item types are justifiable
23in terms of cost.
24    (j) The State Superintendent of Education shall appoint a
25committee of no more than 21 members, consisting of parents,
26teachers, school administrators, school board members,



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1assessment experts, regional superintendents of schools, and
2citizens, to review the State assessments administered by the
3State Board of Education. The Committee shall select one of its
4members as its chairperson. The Committee shall meet on an
5ongoing basis to review the content and design of the
6assessments (including whether the requirements of subsection
7(i) of this Section have been met), the time and money expended
8at the local and State levels to prepare for and administer the
9assessments, the collective results of the assessments as
10measured against the stated purpose of assessing student
11performance, and other issues involving the assessments
12identified by the Committee. The Committee shall make periodic
13recommendations to the State Superintendent of Education and
14the General Assembly concerning the assessments.
15    (k) The State Board of Education may adopt rules to
16implement this Section.
17(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
1899-185, eff. 1-1-16; revised 10-16-15.)
19    Section 99. Effective date. This Act takes effect July 1,