Illinois General Assembly - Full Text of Public Act 102-0875
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Public Act 102-0875


Public Act 0875 102ND GENERAL ASSEMBLY



Public Act 102-0875
SB3986 EnrolledLRB102 23502 NLB 32682 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 adding Section
2-3.64a-15 as follows:
    (105 ILCS 5/2-3.64a-15 new)
    Sec. 2-3.64a-15. Restrictions on prekindergarten through
grade 2 assessments.
    (a) In this Section:
    "Diagnostic and screening purposes" means for the purpose
of determining if individual students need remedial
instruction or to determine eligibility for special education,
early intervention, bilingual education, dyslexia services, or
other related educational services. Any assessment used to
determine eligibility for special education or related
services must be consistent with Section 614 of the federal
Individuals with Disabilities Education Act. "Diagnostic and
screening purposes" includes the identification and evaluation
of students with disabilities. "Diagnostic and screening
purposes" does not include any assessment in which student
scores are used to rate or rank a classroom, program, teacher,
school, school district, or jurisdiction.
    "Standardized assessment" means an assessment that
requires all student test takers to answer the same questions,
or a selection of questions from a common bank of questions, in
the same manner or substantially the same questions in the
same manner. "Standardized assessment" does not include an
observational assessment tool used to satisfy the requirements
of Section 2-3.64a-10.
    (b) The State Board of Education may not develop,
purchase, or require a school district to administer, develop,
or purchase a standardized assessment for students enrolled or
preparing to enroll in prekindergarten through grade 2, other
than for diagnostic and screening purposes.
    (c) The State Board of Education may not provide funding
for any standardized assessment of students enrolled or
preparing to enroll in prekindergarten through grade 2, other
than for diagnostic and screening purposes.
    (d) Nothing in this Section shall be construed to limit
the ability of a classroom teacher or school district to
develop, purchase, administer, or score an assessment for an
individual classroom, grade level, or group of grade levels in
any subject area in prekindergarten through the grade 2.
    (e) Nothing in this Section limits procedures used by a
school or school district for child find under 34 CFR
300.111(c) or evaluation under 34 CFR 300.304.
    (f) Nothing in this Section restricts the use of an annual
assessment of English proficiency of all English learners to
comply with Section 1111(b)(2)(G) of the federal Elementary
and Secondary Education Act of 1965.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022