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| Public Act 093-0857 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
2-3.64 as follows:
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(105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
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Sec. 2-3.64. State goals and assessment.
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(a) Beginning in the 1998-1999 school year, the State Board | ||||
of Education
shall establish standards and periodically, in | ||||
collaboration with local school
districts, conduct studies of | ||||
student performance in the learning areas of fine
arts and | ||||
physical development/health.
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Beginning with the 1998-1999 school
year until the | ||||
2005-2006 school year at the latest, the State Board of
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Education shall annually test: (i) all pupils enrolled
in the | ||||
3rd, 5th, and 8th grades in English language arts (reading, | ||||
writing, and
English grammar) and mathematics; and (ii) all | ||||
pupils enrolled in the 4th and
7th grades in the biological and | ||||
physical sciences and the social sciences
(history, geography, | ||||
civics, economics, and government).
The maximum time allowed | ||||
for all actual testing required under this
paragraph shall not | ||||
exceed 25 hours, as allocated among the required
tests by the | ||||
State Board of Education, across all grades tested.
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Beginning no later than the 2005-2006 school year, the | ||||
State
Board of Education shall annually test: (i) all pupils | ||||
enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in | ||||
reading and mathematics; (ii) all
pupils enrolled in 3rd, 4th, | ||||
6th, and 8th grades in writing; (iii) all pupils
enrolled in | ||||
the 4th and 7th grades in the biological and physical
sciences; | ||||
and (iv) all pupils enrolled in 5th and 8th grades in the | ||||
social
sciences (history, geography, economics, civics, and | ||||
government). The
State Board of Education shall sample student | ||||
performance in the
learning area of physical development and | ||
health in grades 4 and 7
through the science tests and in the | ||
learning area of fine arts in grades 5
and 8 through the social | ||
sciences tests. After the addition of subjects
and grades as | ||
delineated in this paragraph and including whatever other
tests | ||
that may be approved from time to time no later than the
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2005-2006 school year, the maximum time allowed for all State | ||
testing in
grades 3 through 8 shall not exceed 38 hours across | ||
those grades.
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The State Board of
Education shall establish the academic | ||
standards that are to be applicable to
pupils who are subject | ||
to State tests under this Section beginning with the
1998-1999 | ||
school year. However, the State Board of Education shall not
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establish any such standards in final form without first | ||
providing
opportunities for public participation and local | ||
input in the development
of the final academic standards. Those | ||
opportunities shall include a
well-publicized period of public | ||
comment, public hearings throughout the State,
and | ||
opportunities to file written comments. Beginning with the | ||
1998-99 school
year and thereafter, the State tests will | ||
identify pupils in the 3rd grade or
5th grade who do not meet | ||
the State standards.
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If, by performance on the State
tests or local assessments | ||
or by teacher judgment, a student's performance is
determined | ||
to be 2 or more grades below current placement, the student | ||
shall be
provided a remediation program developed by the | ||
district in consultation with a
parent or guardian. Such | ||
remediation programs may include, but shall not be
limited to, | ||
increased or concentrated instructional time, a remedial | ||
summer
school program of not less than 90 hours, improved | ||
instructional approaches,
tutorial sessions, retention in | ||
grade, and modifications to instructional
materials. Each | ||
pupil for whom a remediation program is developed under this
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subsection shall be required to enroll in and attend whatever | ||
program the
district determines is appropriate for the pupil. | ||
Districts may combine
students in remediation programs where | ||
appropriate and may cooperate with other
districts in the | ||
design and delivery of those programs. The parent or guardian
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of a student required to attend a remediation program under | ||
this Section shall
be given written notice of that requirement | ||
by the school district a reasonable
time prior to commencement | ||
of the remediation program that the student is to
attend. The | ||
State shall be responsible for providing school districts with | ||
the
new and additional funding, under Section 2-3.51.5 or by | ||
other or additional
means, that is required to enable the | ||
districts to operate remediation programs
for the pupils who | ||
are required to enroll in and attend those programs under
this | ||
Section. Every individualized educational program as described | ||
in Article
14 shall identify if the State test or components | ||
thereof are appropriate for
that student. The State Board of | ||
Education shall develop rules and
regulations governing the | ||
administration of alternative tests prescribed within
each | ||
student's individualized educational program which are | ||
appropriate to the
disability of each student.
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All pupils who are in a State approved
transitional | ||
bilingual education program or transitional program of | ||
instruction
shall participate in the State
tests. Any student | ||
who has been enrolled in a
State approved bilingual education | ||
program less than 3 cumulative academic
years may take an | ||
accommodated State test, to be known as the Illinois
Measure of | ||
Annual Growth in English
(IMAGE), if the student's lack of | ||
English as determined by an English
language
proficiency test | ||
would keep the student from understanding the regular
State | ||
test. If the
school district determines, on a case-by-case | ||
individual basis,
that IMAGE would likely yield more accurate | ||
and reliable information on
what the student knows and can do, | ||
the school district may make a
determination to assess the | ||
student using IMAGE for a period that does
not exceed 2 | ||
additional consecutive years, provided that the student has
not | ||
yet reached a level of English language proficiency sufficient | ||
to yield
valid and reliable information on what the student | ||
knows and can do on
the regular State test.
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Reasonable accommodations as prescribed by
the State Board | ||
of Education shall be provided for individual students in the
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testing procedure. All test procedures prescribed by the State | ||
Board of
Education shall require: (i) that each test used for | ||
State and local student
testing under this Section identify by | ||
name the pupil taking the test; (ii)
that the name of the pupil | ||
taking the test be placed on the test at the time
the test is | ||
taken; (iii) that the results or scores of each test taken | ||
under
this Section by a pupil of the school district be | ||
reported to that district and
identify by name the pupil who | ||
received the reported results or scores; and
(iv) that the | ||
results or scores of each test taken under this Section be made
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available to the parents of the pupil. In addition, in each | ||
school year the highest
scores
attained by
a student on the | ||
Prairie State Achievement
Examination administered under | ||
subsection (c) of this Section and any Prairie
State | ||
Achievement Awards received by the student shall become part
of | ||
the student's permanent record and shall be entered on the | ||
student's
transcript pursuant to regulations that the State | ||
Board of Education shall
promulgate for that purpose in | ||
accordance with Section 3 and subsection (e) of
Section 2 of | ||
the Illinois School Student Records Act. Beginning with the
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1998-1999 school year and in every school year thereafter, | ||
scores received by
students on the State assessment tests | ||
administered in grades 3 through 8 shall
be placed into | ||
students' temporary records.
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The State Board of Education shall
establish a
period of | ||
time, to be referred to as the State test window, in each | ||
school year for which State
testing shall occur to meet the | ||
objectives of this Section. However, if the
schools of a | ||
district are closed and classes are not scheduled during any | ||
week
that is established by the State Board of Education as the | ||
State test
window, the school district may
(at the discretion | ||
of the State Board of Education) move its State test
window one | ||
week earlier or one week later than the established State test
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window, so long as
the school district gives the State Board of | ||
Education written notice of its
intention to deviate from the | ||
established schedule by December 1 of the school
year in which | ||
falls the State test window established by the State
Board of | ||
Education for
the testing.
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(a-5) All tests administered pursuant to this Section shall | ||
be academically
based. For the purposes of this Section | ||
"academically based tests" shall mean
tests consisting of | ||
questions and answers that are measurable and quantifiable
to | ||
measure the knowledge, skill, and ability of students in the | ||
subject matters
covered by tests. The scoring of academically | ||
based tests shall be reliable,
valid, unbiased and shall meet | ||
the guidelines for test development and use
prescribed by the | ||
American Psychological Association, the National Council of
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Measurement and Evaluation, and the American Educational | ||
Research Association.
Academically based tests shall not | ||
include assessments or evaluations of
attitudes, values, or | ||
beliefs, or testing of personality, self-esteem, or
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self-concept. Nothing in this amendatory Act is intended, nor | ||
shall it be
construed, to nullify, supersede, or contradict the | ||
legislative intent on
academic testing expressed during the | ||
passage of HB 1005/P.A. 90-296.
Nothing in this Section is | ||
intended, nor shall it be construed, to nullify,
supersede, or | ||
contradict the legislative intent on academic testing
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expressed in the preamble of this amendatory Act of the 93rd | ||
General
Assembly.
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The State Board of Education shall monitor the use of
short | ||
answer
questions in the math
and reading assessments or in | ||
other assessments in order to demonstrate that the use of short
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answer questions results in a statistically significant | ||
improvement in student
achievement as measured on the State | ||
assessments for math and reading or on
other State assessments | ||
and is
justifiable in terms of cost and student performance.
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(b) It shall be the policy of the State to encourage school | ||
districts
to continuously test pupil proficiency in the | ||
fundamental learning areas in
order to: (i) provide timely | ||
information on individual students' performance
relative to | ||
State standards that is adequate to guide instructional | ||
strategies;
(ii) improve future instruction; and (iii) | ||
complement the information provided
by the State testing system | ||
described in this Section. Each district's school
improvement | ||
plan must address specific activities the district intends to
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implement to assist pupils who by teacher judgment and test | ||
results as
prescribed in subsection (a) of this Section | ||
demonstrate that they are not
meeting State standards or local | ||
objectives. Such activities may include, but
shall not be | ||
limited to, summer school, extended school day, special | ||
homework,
tutorial sessions, modified instructional materials, | ||
other modifications in the
instructional program, reduced | ||
class size or retention in grade. To assist
school districts in | ||
testing pupil proficiency in reading in the primary grades,
the | ||
State Board shall make optional reading inventories for | ||
diagnostic purposes
available to each school district that | ||
requests such assistance. Districts
that administer the | ||
reading inventories may develop remediation programs for
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students who perform in the bottom half of the student | ||
population. Those
remediation programs may be funded by moneys | ||
provided under the School Safety
and Educational Improvement | ||
Block Grant Program established under Section
2-3.51.5. | ||
Nothing in this Section shall prevent school districts from
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implementing testing and remediation policies for grades not | ||
required under
this Section.
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(c) Beginning with the 2000-2001 school year, each school | ||
district that
operates a high school program for students in | ||
grades 9 through 12 shall
annually administer the Prairie State | ||
Achievement Examination
established under this subsection to | ||
its students as set forth
below. The Prairie State Achievement | ||
Examination shall be developed by
the State Board of Education | ||
to measure student performance in the academic
areas of | ||
reading, writing, mathematics, science, and social sciences. | ||
The
State Board of Education shall establish the academic | ||
standards that are to
apply in measuring student performance on | ||
the Prairie State Achievement
Examination including the | ||
minimum examination score in each area that will
qualify a | ||
student to receive a Prairie State Achievement Award from the | ||
State
in recognition of the student's excellent performance. | ||
Each school district
that is subject to the requirements of | ||
this subsection (c) shall afford all
students 2 opportunities | ||
to take the Prairie State Achievement Examination
beginning as | ||
late as practical during the second semester of grade 11, but | ||
in
no event before March 1. The State Board of Education shall | ||
annually notify
districts of the weeks during which these test | ||
administrations shall be
required to occur. Every | ||
individualized educational program as described in
Article 14 | ||
shall identify if the Prairie State Achievement Examination or
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components thereof are appropriate for that student. Each | ||
student, exclusive of
a student whose individualized | ||
educational program developed under Article 14
identifies the | ||
Prairie State Achievement Examination as inappropriate for the
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student, shall be required to take the examination in grade 11. | ||
For each
academic area the State Board of Education shall | ||
establish the score that
qualifies for the Prairie State | ||
Achievement Award on that portion of the
examination. Any | ||
student who fails to earn a qualifying score for a Prairie
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State Achievement Award in any one or more of the academic | ||
areas on the initial
test administration or who wishes to | ||
improve his or her score on any portion of
the examination | ||
shall be permitted to retake such portion or portions of the
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examination during grade 12. Districts shall inform their | ||
students of the
timelines and procedures applicable to their | ||
participation in every yearly
administration of the Prairie | ||
State Achievement Examination. Students
receiving special | ||
education services whose individualized educational programs
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identify the Prairie State Achievement Examination as | ||
inappropriate for them
nevertheless shall have the option of | ||
taking the examination, which shall be
administered to those | ||
students in accordance with standards adopted by the
State | ||
Board of Education to accommodate the respective disabilities | ||
of those
students. A student who successfully completes all | ||
other applicable high
school graduation requirements but fails | ||
to receive a score on the Prairie
State Achievement Examination | ||
that qualifies the student for receipt of a
Prairie State | ||
Achievement Award shall nevertheless qualify for the receipt
of | ||
a regular high school diploma. In no case, however, shall a | ||
student receive a regular high school diploma without taking | ||
the Prairie State Achievement Examination, unless the student | ||
is exempted from taking the Prairie State Achievement | ||
Examination under this subsection (c) because the student's | ||
individualized educational program developed under Article 14 | ||
of this Code identifies the Prairie State Achievement | ||
Examination as inappropriate for the student, (ii) the student | ||
is exempt due to the student's lack of English language | ||
proficiency under subsection (a) of this Section, or (iii) the | ||
student is enrolled in a program of Adult and Continuing | ||
Education as defined in the Adult Education Act.
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(d) Beginning with the 2002-2003 school year, all schools | ||
in this
State that are part of the sample drawn by the National | ||
Center for
Education Statistics, in collaboration with their | ||
school districts and the
State Board of Education, shall | ||
administer the biennial State academic
assessments of 4th and | ||
8th grade reading and mathematics under the
National Assessment | ||
of Educational Progress carried out under Section
m11(b)(2) of | ||
the National Education Statistics Act of 1994 (20 U.S.C.
9010) | ||
if the Secretary of Education pays the costs of administering | ||
the
assessments.
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(e) Beginning no later than the 2005-2006 school year, | ||
subject to
available federal funds to this State for the | ||
purpose of student
assessment, the State Board of Education | ||
shall provide additional tests
and assessment resources that | ||
may be used by school districts for local
diagnostic purposes. | ||
These tests and resources shall include without
limitation | ||
additional high school writing, physical development and
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health, and fine arts assessments. The State Board of Education | ||
shall
annually distribute a listing of these additional tests | ||
and resources,
using funds available from appropriations made | ||
for student assessment
purposes.
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(f) For the assessment and accountability purposes of this | ||
Section,
"all pupils" includes those pupils enrolled in a | ||
public or
State-operated elementary school, secondary school, | ||
or cooperative or
joint agreement with a governing body or | ||
board of control, a charter
school operating in compliance with | ||
the Charter Schools Law, a school
operated by a regional office | ||
of education under Section 13A-3 of this
Code, or a public | ||
school administered by a local public agency or the
Department | ||
of Human Services.
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(Source: P.A. 92-604, eff. 7-1-02; 93-426, eff. 8-5-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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