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90_SB0560 Amends the School Code. Prohibits the State Board of Education from promulgating, distributing, or basing any Board action on any list of State education goals or any final academic standards until such goals and standards have been reviewed and ratified by the General Assembly. Effective immediately. SRS90S0028KSsa SRS90S0028KSsa 1 AN ACT to amend the School Code in relation to State 2 goals for education and academic standards. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. The School Code is amended by adding Section 6 2-3.63a and changing Section 2-3.64 as follows: 7 (105 ILCS 5/2-3.63a new) 8 Sec. 2-3.63a. State education goals. After the 9 effective date of this amendatory Act of 1997, the State 10 Board of Education shall be prohibited from promulgating, 11 distributing, or basing any Board action on any list or 12 compilation of State goals for education, by whatever name 13 called, unless such list has first been reviewed and ratified 14 by the General Assembly with the passage of a joint 15 resolution. 16 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64) 17 Sec. 2-3.64. State standardsgoalsand assessment. 18 (a) Beginning in the 1992-93 school year, the State 19 Board of Education shallestablish standards andannually, 20 through the 1997-1998 school year, assess the performance 21 of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th 22 grades in language arts (reading and writing) and 23 mathematics; and (ii) all pupils enrolled in the 4th, 7th, 24 and 11th grades in the biological, physical, and social 25 sciences. Beginning in the 1995-96 school year, the State 26 Board of Education shallestablish standards andperiodically 27 conduct, through the 1997-1998 school year, studies of 28 student performance in the learning areas of fine arts and 29 physical development/health. Beginning with the 1998-1999 30 school year, the State Board of Education shall annually -2- SRS90S0028KSsa 1 assess the performance of all pupils enrolled in the 3rd and 2 5th grades in the basic subjects of reading, writing, and 3 mathematics. The State Board of Education shall recommend to 4 the General Assemblyestablish, in final form by August 6, 5 1997and within one year after the effective date of this6amendatory Act of 1996, the academic standards that are to be 7 applicable to pupils who are subject to State assessment 8 under this Section beginning with the 1998-1999 school year. 9However,The State Board of Education shall not recommend 10establishany such standards in final form without first 11 providing opportunities for public participation and local 12 input in the development of the final academic standards. 13 Those opportunities shall include a well-publicized period of 14 public comment, public hearings throughout the State, and 15 opportunities to file written comments. Upon receipt of the 16 academic standards recommended by the State Board of 17 Education, the General Assembly shall review the standards, 18 conduct public hearings, and ratify the standards, either in 19 whole, in part, or as amended, with the passage of a joint 20 resolution by no later than December 31, 1997. No academic 21 standards may be promulgated or distributed as final academic 22 standards, nor shall the State Board of Education take any 23 action to implement such standards as final until such time 24 as the standards have been ratified by the General Assembly. 25 Beginning with the 1998-99 school year and thereafter, pupils 26 in the 3rd grade or 5th grade who, by performance on the 27 State assessment tests or by teacher judgement, demonstrate a 28 proficiency level comparable to the average pupil performance 29 2 or more grades below current placement shall be provided a 30 remediation program developed by the district in consultation 31 with a parent or guardian. Such remediation programs may 32 include, but shall not be limited to, increased or 33 concentrated instructional time, a remedial summer school 34 program of not less than 90 hours, improved instructional -3- SRS90S0028KSsa 1 approaches, tutorial sessions, retention in grade, and 2 modifications to instructional materials. Each pupil for whom 3 a remediation program is developed under this subsection 4 shall be required to enroll in and attend whatever program 5 the district determines is appropriate for the pupil. 6 Districts may combine students in remediation programs where 7 appropriate and may cooperate with other districts in the 8 design and delivery of those programs. The parent or 9 guardian of a student required to attend a remediation 10 program under this Section shall be given written notice of 11 that requirement by the school district a reasonable time 12 prior to commencement of the remediation program that the 13 student is to attend. The State shall be responsible for 14 providing school districts with the new and additional 15 funding, under Section 2-3.51.5 or by other or additional 16 means, that is required to enable the districts to operate 17 remediation programs for the pupils who are required to 18 enroll in and attend those programs under this Section. Every 19 individualized educational program as described in Article 14 20 shall identify if the State test or components thereof are 21 appropriate for that student. For those pupils for whom the 22 State test or components thereof are not appropriate, the 23 State Board of Education shall develop rules and regulations 24 governing the administration of alternative assessments 25 prescribed within each student's individualized educational 26 program which are appropriate to the disability of each 27 student. All pupils who are in a State approved transitional 28 bilingual education program or transitional program of 29 instruction shall participate in the State assessment. Any 30 student who has been enrolled in a State approved bilingual 31 education program less than 3 academic years shall be 32 exempted if the student's lack of English as determined by an 33 English language proficiency test would keep the student from 34 understanding the test, and that student's district shall -4- SRS90S0028KSsa 1 have an alternative assessment program in place for that 2 student. The State Board of Education shall appoint a task 3 force of concerned parents, teachers, school administrators 4 and other professionals to assist in identifying such 5 alternative assessment programs. Reasonable accommodations as 6 prescribed by the State Board of Education shall be provided 7 for individual students in the assessment procedure. All 8 assessment procedures prescribed by the State Board of 9 Education shall require: (i) that each test used for State 10 and local student assessment testing under this Section 11 identify by name the pupil taking the test; (ii) that the 12 name of the pupil taking the test be placed on the test at 13 the time the test is taken; (iii) that the results or scores 14 of each test taken under this Section by a pupil of the 15 school district be reported to that district and identify by 16 name the pupil who received the reported results of scores; 17 and (iv) that the results or scores of each test taken under 18 this Section be made available to the parents of the pupil. 19 In addition, beginning with the 1998-1999 school year and in 20 each school year thereafter, all scores received by a student 21 on the Illinois Goals and Assessment Program tests 22 administered by the State Board of Education under this 23 Section and, beginning with the 1999-2000 school year and in 24 each school year thereafter, on the Prairie State Achievement 25 Examination administered under subsection (c) of this Section 26 shall become part of the student's permanent record and shall 27 be entered therein pursuant to regulations that the State 28 Board of Education shall promulgate for that purpose in 29 accordance with Section 3 and subsection (e) of Section 2 of 30 the Illinois School Student Records Act. The State Board of 31 Education shall establish a common month in each school year 32 for which State testing shall occur to meet the objectives of 33 this Section. However, if the schools of a district are 34 closed and classes are not scheduled during any week that is -5- SRS90S0028KSsa 1 established by the State Board of Education as the week of 2 the month when State testing under this Section shall occur, 3 the school district may administer the required State testing 4 at any time up to 2 weeks following the week established by 5 the State Board of Education for the testing, so long as the 6 school district gives the State Board of Education written 7 notice of its intention to deviate from the established 8 schedule by January 2 of the year in which falls the week 9 established by the State Board of Education for the testing. 10 The maximum time allowed for all actual testing required 11 under this subsection during the school year shall not exceed 12 25 hours as allocated among the required tests by the State 13 Board of Education. 14 (a-5) The State Board of Education shall review the 15 current assessment testing schedule applicable under 16 subsection (a) on the effective date of this amendatory Act 17 of 1996 and submit a plan to the General Assembly, on or 18 before December 31, 1996, to increase the effectiveness of 19 the State assessment tests administered under that subsection 20 with respect to student diagnosis and to reduce the amount of 21 classroom time spent administering those tests. The General 22 Assembly may enact the recommendations made by the State 23 Board of Education to maximize effectiveness and minimize the 24 hours and grade levels of testing. 25 (b) It shall be the policy of the State to encourage 26 school districts to continuously assess pupil proficiency. 27 Each district's school improvement plan must address specific 28 activities the district intends to implement to assist pupils 29 who by teacher judgement and assessment results as prescribed 30 in subsection (a) of this Section demonstrate that they are 31 not meeting State goals or local objectives. Such activities 32 may include, but shall not be limited to, summer school, 33 extended school day, special homework, tutorial sessions, 34 modified instructional materials, other modifications in the -6- SRS90S0028KSsa 1 instructional program, reduced class size or retention in 2 grade. To assist school districts in assessing pupil 3 proficiency in reading in the primary grades, the State Board 4 shall make optional reading inventories for diagnostic 5 purposes available to each school district that requests such 6 assistance. Districts that administer the reading 7 inventories may develop remediation programs for students who 8 perform in the bottom half of the student population. Those 9 remediation programs may be funded by moneys provided under 10 the School Safety and Educational Improvement Block Grant 11 Program established under Section 2-3.51.5. Nothing in this 12 Section shall prevent school districts from implementing 13 testing and remediation policies for grades not required 14 under this Section. 15 (c) Beginning with the 1999-2000 school year, each 16 school district that operates a high school program for 17 students in grades 9 through 12 shall administer a Prairie 18 State Achievement Examination each year to its 12th grade 19 students. The Prairie State Achievement Examination shall 20 measure student performance in the 5 fundamental academic 21 areas of reading, writing, mathematics, science, and social 22 studies. The State Board of Education shall establish the 23 academic standards that are to apply in measuring student 24 performance on the Prairie State Achievement Examination in 25 those 5 fundamental academic areas, including the minimum 26 examination score that will qualify for purposes of this 27 Section as a score that is excellent. A student whose score 28 on the Prairie State Achievement Examination is determined to 29 be excellent by the State Board of Education shall receive 30 the Prairie State Achievement Award from the State in 31 recognition of the student's excellent performance. Each 12th 32 grade student, exclusive of a student whose individualized 33 educational program developed under Article 14 does not 34 identify the Prairie State Achievement Examination as -7- SRS90S0028KSsa 1 appropriate for the student, shall be required to take the 2 examination, which each school district shall administer to 3 its 12th grade students in January of each school year. The 4 Prairie State Achievement Examination shall be administered 5 by each school district a second time, in March of each 6 school year, for those 12th grade students who fail to 7 receive a score on the January examination that would qualify 8 them to receive the Prairie State Achievement Award and who 9 elect to take the March examination for the purpose of 10 attempting to earn a score that will qualify them to receive 11 that award. Students who will graduate from high school 12 before entering grade 12 shall take the Prairie State 13 Achievement Examination during the school year in which they 14 will graduate from high school. Students receiving special 15 education services whose individualized educational programs 16 do not identify the Prairie State Achievement Examination as 17 appropriate for them nevertheless shall have the option of 18 taking the examination, which shall be administered to those 19 students in accordance with standards adopted by the State 20 Board of Education to accommodate the respective disabilities 21 of those students. A student who successfully completes all 22 other applicable high school graduation requirements but 23 fails to receive a score on the Prairie State Achievement 24 Examination that qualifies the student for receipt of the 25 Prairie State Achievement Award shall nevertheless qualify 26 for the receipt of a regular high school diploma. 27 (Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686, 28 eff. 1-24-95; 89-610, eff. 8-6-96.) 29 Section 99. This Act takes effect upon becoming law.