State of Illinois
92nd General Assembly

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 1        AN ACT to create a moratorium on new State testing.

 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
                            -2-                LRB9206473NTpc
 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
                            -3-                LRB9206473NTpc
 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
                            -4-                LRB9206473NTpc
 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
                            -5-                LRB9206473NTpc
 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
                            -6-                LRB9206473NTpc
 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
                            -7-                LRB9206473NTpc
 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
                            -8-                LRB9206473NTpc
 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)  The State Board of Education  may  not,  before  the
16    2005-2006  school  year,  plan, develop, or implement any new
17    State assessment system for kindergarten through  12th  grade
18    that  is  not required by law on or before the effective date
19    of this amendatory Act of the 92nd General Assembly.
20    (Source:  P.A. 90-566, eff.  1-2-98;  90-789,  eff.  8-14-98;
21    91-283, eff. 7-29-99.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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