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Public Act 103-0204


 

Public Act 0204 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0204
 
HB3759 EnrolledLRB103 30252 RJT 56680 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
2-3.64a-5 and 10-20.5a as follows:
 
    (105 ILCS 5/2-3.64a-5)
    Sec. 2-3.64a-5. State goals and assessment.
    (a) For the assessment and accountability purposes of this
Section, "students" includes those students 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.
    (b) The State Board of Education shall establish the
academic standards that are to be applicable to students who
are subject to State assessments under this Section. The State
Board of Education shall not 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 and opportunities to
file written comments.
    (c) Beginning no later than the 2014-2015 school year, the
State Board of Education shall annually assess all students
enrolled in grades 3 through 8 in English language arts and
mathematics.
    Beginning no later than the 2017-2018 school year, the
State Board of Education shall annually assess all students in
science at one grade in grades 3 through 5, at one grade in
grades 6 through 8, and at one grade in grades 9 through 12.
    The State Board of Education shall annually assess schools
that operate a secondary education program, as defined in
Section 22-22 of this Code, in English language arts and
mathematics. The State Board of Education shall administer no
more than 3 assessments, per student, of English language arts
and mathematics for students in a secondary education program.
One of these assessments shall be recognized by this State's
public institutions of higher education, as defined in the
Board of Higher Education Act, for the purpose of student
application or admissions consideration. The assessment
administered by the State Board of Education for the purpose
of student application to or admissions consideration by
institutions of higher education must be administered on a
school day during regular student attendance hours, and
student profile information collected by the assessment shall
be made available to the State's public institutions of higher
education in a timely manner.
    Students who do not take the State's final accountability
assessment or its approved alternate assessment may not
receive a regular high school diploma unless the student is
exempted from taking the State assessments under subsection
(d) of this Section because the student is enrolled in a
program of adult and continuing education, as defined in the
Adult Education Act, or the student is identified by the State
Board of Education, through rules, as being exempt from the
assessment.
    The State Board of Education shall not assess students
under this Section in subjects not required by this Section.
    Districts shall inform their students of the timelines and
procedures applicable to their participation in every yearly
administration of the State assessments. The State Board of
Education shall establish periods of time in each school year
during which State assessments shall occur to meet the
objectives of this Section.
    The requirements of this subsection do not apply if the
State Board of Education has received a waiver from the
administration of assessments from the U.S. Department of
Education.
    (d) Every individualized educational program as described
in Article 14 shall identify if the State assessment or
components thereof require accommodation for the student. The
State Board of Education shall develop rules governing the
administration of an alternate assessment that may be
available to students for whom participation in this State's
regular assessments is not appropriate, even with
accommodations as allowed under this Section.
    Students receiving special education services whose
individualized educational programs identify them as eligible
for the alternative State assessments nevertheless shall have
the option of also taking this State's regular final
accountability assessment, which shall be administered in
accordance with the eligible accommodations appropriate for
meeting these students' respective needs.
    All students determined to be English learners shall
participate in the State assessments. The scores of those
students who have been enrolled in schools in the United
States for less than 12 months may not be used for the purposes
of accountability. Any student determined to be an English
learner shall receive appropriate assessment accommodations,
including language supports, which shall be established by
rule. Approved assessment accommodations must be provided
until the student's English language skills develop to the
extent that the student is no longer considered to be an
English learner, as demonstrated through a State-identified
English language proficiency assessment.
    (e) The results or scores of each assessment taken under
this Section shall be made available to the parents of each
student.
    In each school year, the scores attained by a student on
the final accountability assessment must be placed in the
student's permanent record pursuant to rules that the State
Board of Education shall adopt for that purpose in accordance
with Section 3 of the Illinois School Student Records Act. In
each school year, the scores attained by a student on the State
assessments administered in grades 3 through 8 must be placed
in the student's temporary record.
    (f) All schools shall administer the State's academic
assessment of English language proficiency to all children
determined to be English learners.
    (g) 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 academic assessments under
the National Assessment of Educational Progress carried out
under Section 411(b)(2) of the federal National Education
Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary
of Education pays the costs of administering the assessments.
    (h) (Blank).
    (i) For the purposes of this subsection (i), "academically
based assessments" means assessments consisting of questions
and answers that are measurable and quantifiable to measure
the knowledge, skills, and ability of students in the subject
matters covered by the assessments. All assessments
administered pursuant to this Section must be academically
based assessments. The scoring of academically based
assessments shall be reliable, valid, and fair and shall meet
the guidelines for assessment development and use prescribed
by the American Psychological Association, the National
Council on Measurement in Education, and the American
Educational Research Association.
    The State Board of Education shall review the use of all
assessment item types in order to ensure that they are valid
and reliable indicators of student performance aligned to the
learning standards being assessed and that the development,
administration, and scoring of these item types are
justifiable in terms of cost.
    (j) The State Superintendent of Education shall appoint a
committee of no more than 21 members, consisting of parents,
teachers, school administrators, school board members,
assessment experts, regional superintendents of schools, and
citizens, to review the State assessments administered by the
State Board of Education. The Committee shall select one of
its members as its chairperson. The Committee shall meet on an
ongoing basis to review the content and design of the
assessments (including whether the requirements of subsection
(i) of this Section have been met), the time and money expended
at the local and State levels to prepare for and administer the
assessments, the collective results of the assessments as
measured against the stated purpose of assessing student
performance, and other issues involving the assessments
identified by the Committee. The Committee shall make periodic
recommendations to the State Superintendent of Education and
the General Assembly concerning the assessments.
    (k) The State Board of Education may adopt rules to
implement this Section.
(Source: P.A. 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
100-863, eff. 8-14-18; 100-1046, eff. 8-23-18; 101-643, eff.
6-18-20.)
 
    (105 ILCS 5/10-20.5a)  (from Ch. 122, par. 10-20.5a)
    Sec. 10-20.5a. Access to high school campus.
    (a) For school districts maintaining grades 10 through 12,
to provide, on an equal basis, and consistent with the federal
Educational Rights and Privacy Act, access to a high school
campus and student directory information to the official
recruiting representatives of the armed forces of Illinois and
the United States, and State public institutions of higher
education for the purpose of informing students of the
educational and career opportunities available in the military
if the board has provided such access to persons or groups
whose purpose is to acquaint students with educational or
occupational opportunities available to them. The board is not
required to give greater notice regarding the right of access
to recruiting representatives than is given to other persons
and groups. In this Section, "directory information" means a
high school student's name, address, and telephone number.
    (b) If a student or his or her parent or guardian submits a
signed, written request to the high school before the end of
the student's sophomore year (or if the student is a transfer
student, by another time set by the high school) that
indicates that the student or his or her parent or guardian
does not want the student's directory information to be
provided to official recruiting representatives under
subsection (a) of this Section, the high school may not
provide access to the student's directory information to these
recruiting representatives. The high school shall notify its
students and their parents or guardians of the provisions of
this subsection (b).
    (c) A high school may require official recruiting
representatives of the armed forces of Illinois and the United
States to pay a fee for copying and mailing a student's
directory information in an amount that is not more than the
actual costs incurred by the high school.
    (d) Information received by an official recruiting
representative under this Section may be used only to provide
information to students concerning educational and career
opportunities available in the military and may not be
released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States, or State institutions of higher education.
    (e) By January 1, 2024, student directory information
shall be made electronically accessible through a secure
centralized data system for official recruiting
representatives of the armed forces of Illinois and the United
States, and State public institutions of higher education.
(Source: P.A. 92-527, eff. 6-1-02.)

Effective Date: 1/1/2024