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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 2-3.64 as follows:
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6 | (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
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7 | Sec. 2-3.64. State goals and assessment.
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8 | (a) Beginning in the
the 1998-1999 school year, the State | |||||||||||||||||||
9 | Board of Education
shall establish standards and periodically, | |||||||||||||||||||
10 | in collaboration with local school
districts, conduct studies | |||||||||||||||||||
11 | of student performance in the learning areas of fine
arts and | |||||||||||||||||||
12 | physical development/health. | |||||||||||||||||||
13 | Beginning with the 1998-1999 school
year until the | |||||||||||||||||||
14 | 2004-2005 school year, the State Board of
Education shall | |||||||||||||||||||
15 | annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th | |||||||||||||||||||
16 | grades in English language arts (reading, writing, and
English | |||||||||||||||||||
17 | grammar) and mathematics; and (ii) all pupils enrolled in the | |||||||||||||||||||
18 | 4th and
7th grades in the biological and physical sciences and | |||||||||||||||||||
19 | the social sciences
(history, geography, civics, economics, | |||||||||||||||||||
20 | and government).
Unless the testing required to be implemented | |||||||||||||||||||
21 | no later than the 2005-2006 school year under this subsection | |||||||||||||||||||
22 | (a) is implemented for the 2004-2005 school year, for the | |||||||||||||||||||
23 | 2004-2005 school year, the State Board of
Education shall test: |
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1 | (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in | ||||||
2 | English language arts (reading and
English grammar) and | ||||||
3 | mathematics and (ii) all pupils enrolled in the 4th and
7th | ||||||
4 | grades in the biological and physical sciences. The maximum | ||||||
5 | time allowed for all actual testing required under this
| ||||||
6 | paragraph shall not exceed 25 hours, as allocated among the | ||||||
7 | required
tests by the State Board of Education, across all | ||||||
8 | grades tested.
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9 | Beginning no later than the 2005-2006 school year, the | ||||||
10 | State
Board of Education shall annually test: (i) all pupils | ||||||
11 | enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in | ||||||
12 | reading and mathematics
and (ii) all pupils
enrolled in the 4th | ||||||
13 | and 7th grades in the biological and physical
sciences. In | ||||||
14 | addition, the State Board of Education shall test (1) all | ||||||
15 | pupils enrolled in the 5th and 8th grades in writing during the | ||||||
16 | 2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, | ||||||
17 | and 8th grades in writing during the 2007-2008 school year; and | ||||||
18 | (3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in | ||||||
19 | writing during the 2008-2009 school year and each school year | ||||||
20 | thereafter. After the addition of grades and change in subjects | ||||||
21 | as delineated in this paragraph and including whatever other
| ||||||
22 | tests that may be approved from time to time no later than the
| ||||||
23 | 2005-2006 school year, the maximum time allowed for all State | ||||||
24 | testing in
grades 3 through 8 shall not exceed 38 hours across | ||||||
25 | those grades.
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26 | Beginning with the 2004-2005 school year, the State Board |
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1 | of Education shall not test pupils under this subsection (a) in | ||||||
2 | physical development and health, fine arts, and the social | ||||||
3 | sciences (history, geography, civics, economics, and | ||||||
4 | government). The State Board of Education shall not test pupils | ||||||
5 | under this subsection (a) in writing during the 2005-2006 | ||||||
6 | school year.
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7 | The State Board of
Education shall establish the academic | ||||||
8 | standards that are to be applicable to
pupils who are subject | ||||||
9 | to State tests under this Section beginning with the
1998-1999 | ||||||
10 | school year. However, the State Board of Education shall not
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11 | establish any such standards in final form without first | ||||||
12 | providing
opportunities for public participation and local | ||||||
13 | input in the development
of the final academic standards. Those | ||||||
14 | opportunities shall include a
well-publicized period of public | ||||||
15 | comment, public hearings throughout the State,
and | ||||||
16 | opportunities to file written comments. Beginning with the | ||||||
17 | 1998-99 school
year and thereafter, the State tests will | ||||||
18 | identify pupils in the 3rd grade or
5th grade who do not meet | ||||||
19 | the State standards.
| ||||||
20 | If, by performance on the State
tests or local assessments | ||||||
21 | or by teacher judgment, a student's performance is
determined | ||||||
22 | to be 2 or more grades below current placement, the student | ||||||
23 | shall be
provided a remediation program developed by the | ||||||
24 | district in consultation with a
parent or guardian. Such | ||||||
25 | remediation programs may include, but shall not be
limited to, | ||||||
26 | increased or concentrated instructional time, a remedial |
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1 | summer
school program of not less than 90 hours (with an | ||||||
2 | emphasis on reading and mathematics if the student has | ||||||
3 | performed below grade level for 2 consecutive school years), | ||||||
4 | improved instructional approaches,
tutorial sessions, | ||||||
5 | retention in grade, and modifications to instructional
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6 | materials. Each pupil for whom a remediation program is | ||||||
7 | developed under this
subsection shall be required to enroll in | ||||||
8 | and attend whatever program the
district determines is | ||||||
9 | appropriate for the pupil. Districts may combine
students in | ||||||
10 | remediation programs where appropriate and may cooperate with | ||||||
11 | other
districts in the design and delivery of those programs. | ||||||
12 | The parent or guardian
of a student required to attend a | ||||||
13 | remediation program under this Section shall
be given written | ||||||
14 | notice of that requirement by the school district a reasonable
| ||||||
15 | time prior to commencement of the remediation program that the | ||||||
16 | student is to
attend. The State shall be responsible for | ||||||
17 | providing school districts with the
new and additional funding, | ||||||
18 | under Section 2-3.51.5 or by other or additional
means, that is | ||||||
19 | required to enable the districts to operate remediation | ||||||
20 | programs
for the pupils who are required to enroll in and | ||||||
21 | attend those programs under
this Section. Every individualized | ||||||
22 | educational program as described in Article
14 shall identify | ||||||
23 | if the State test or components thereof are appropriate for
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24 | that student. The State Board of Education shall develop rules | ||||||
25 | and
regulations governing the administration of alternative | ||||||
26 | tests prescribed within
each student's individualized |
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1 | educational program which are appropriate to the
disability of | ||||||
2 | each student.
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3 | All pupils who are in a State approved
transitional | ||||||
4 | bilingual education program or transitional program of | ||||||
5 | instruction
shall participate in the State
tests. The time | ||||||
6 | allotted to take the State tests, however, may be extended as
| ||||||
7 | determined by the State Board of Education by rule. Any student | ||||||
8 | who has been enrolled in a
State approved bilingual education | ||||||
9 | program less than 3 cumulative academic
years may take an | ||||||
10 | accommodated Limited English Proficient student academic | ||||||
11 | content assessment, as determined by the State Board of | ||||||
12 | Education, if the student's lack of English as determined by an | ||||||
13 | English
language
proficiency test would keep the student from | ||||||
14 | understanding the regular
State test. If the
school district | ||||||
15 | determines, on a case-by-case individual basis,
that a Limited | ||||||
16 | English Proficient student academic content assessment would | ||||||
17 | likely yield more accurate and reliable information on
what the | ||||||
18 | student knows and can do, the school district may make a
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19 | determination to assess the student using a Limited English | ||||||
20 | Proficient student academic content assessment for a period | ||||||
21 | that does
not exceed 2 additional consecutive years, provided | ||||||
22 | that the student has
not yet reached a level of English | ||||||
23 | language proficiency sufficient to yield
valid and reliable | ||||||
24 | information on what the student knows and can do on
the regular | ||||||
25 | State test.
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26 | Reasonable accommodations as prescribed by
the State Board |
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1 | of Education shall be provided for individual students in the
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2 | testing procedure. All test procedures prescribed by the State | ||||||
3 | Board of
Education shall require: (i) that each test used for | ||||||
4 | State and local student
testing under this Section identify by | ||||||
5 | name the pupil taking the test; (ii)
that the name of the pupil | ||||||
6 | taking the test be placed on the test at the time
the test is | ||||||
7 | taken; (iii) that the results or scores of each test taken | ||||||
8 | under
this Section by a pupil of the school district be | ||||||
9 | reported to that district and
identify by name the pupil who | ||||||
10 | received the reported results or scores; and
(iv) that the | ||||||
11 | results or scores of each test taken under this Section be made
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12 | available to the parents of the pupil. In addition, in each | ||||||
13 | school year the
scores
attained by
a student on the Prairie | ||||||
14 | State Achievement
Examination administered under subsection | ||||||
15 | (c) of this Section and any Prairie
State Achievement Awards | ||||||
16 | received by the student shall become part
of the student's | ||||||
17 | permanent record and shall be entered on the student's
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18 | transcript pursuant to regulations that the State Board of | ||||||
19 | Education shall
promulgate for that purpose in accordance with | ||||||
20 | Section 3 and subsection (e) of
Section 2 of the Illinois | ||||||
21 | School Student Records Act. Beginning with the
1998-1999 school | ||||||
22 | year and in every school year thereafter, scores received by
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23 | students on the State assessment tests administered in grades 3 | ||||||
24 | through 8 shall
be placed into students' temporary records.
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25 | The State Board of Education shall
establish a
period of | ||||||
26 | time, to be referred to as the State test window, in each |
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1 | school year for which State
testing shall occur to meet the | ||||||
2 | objectives of this Section. However, if the
schools of a | ||||||
3 | district are closed and classes are not scheduled during any | ||||||
4 | week
that is established by the State Board of Education as the | ||||||
5 | State test
window, the school district may
(at the discretion | ||||||
6 | of the State Board of Education) move its State test
window one | ||||||
7 | week earlier or one week later than the established State test
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8 | window, so long as
the school district gives the State Board of | ||||||
9 | Education written notice of its
intention to deviate from the | ||||||
10 | established schedule by December 1 of the school
year in which | ||||||
11 | falls the State test window established by the State
Board of | ||||||
12 | Education for
the testing.
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13 | (a-5) All tests administered pursuant to this Section shall | ||||||
14 | be academically
based. For the purposes of this Section | ||||||
15 | "academically based tests" shall mean
tests consisting of | ||||||
16 | questions and answers that are measurable and quantifiable
to | ||||||
17 | measure the knowledge, skill, and ability of students in the | ||||||
18 | subject matters
covered by tests. The scoring of academically | ||||||
19 | based tests shall be reliable,
valid, unbiased and shall meet | ||||||
20 | the guidelines for test development and use
prescribed by the | ||||||
21 | American Psychological Association, the National Council of
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22 | Measurement and Evaluation, and the American Educational | ||||||
23 | Research Association.
Academically based tests shall not | ||||||
24 | include assessments or evaluations of
attitudes, values, or | ||||||
25 | beliefs, or testing of personality, self-esteem, or
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26 | self-concept. Nothing in this amendatory Act is intended, nor |
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1 | shall it be
construed, to nullify, supersede, or contradict the | ||||||
2 | legislative intent on
academic testing expressed during the | ||||||
3 | passage of HB 1005/P.A. 90-296.
Nothing in this Section is | ||||||
4 | intended, nor shall it be construed, to nullify,
supersede, or | ||||||
5 | contradict the legislative intent on academic testing
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6 | expressed in the preamble of this amendatory Act of the 93rd | ||||||
7 | General
Assembly.
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8 | The State Board of Education shall monitor the use of
short | ||||||
9 | answer
questions in the math
and reading assessments or in | ||||||
10 | other assessments in order to demonstrate that the use of short
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11 | answer questions results in a statistically significant | ||||||
12 | improvement in student
achievement as measured on the State | ||||||
13 | assessments for math and reading or on
other State assessments | ||||||
14 | and is
justifiable in terms of cost and student performance.
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15 | (b) It shall be the policy of the State to encourage school | ||||||
16 | districts
to continuously test pupil proficiency in the | ||||||
17 | fundamental learning areas in
order to: (i) provide timely | ||||||
18 | information on individual students' performance
relative to | ||||||
19 | State standards that is adequate to guide instructional | ||||||
20 | strategies;
(ii) improve future instruction; and (iii) | ||||||
21 | complement the information provided
by the State testing system | ||||||
22 | described in this Section. To assist
school districts in | ||||||
23 | testing pupil proficiency in reading in the primary grades,
the | ||||||
24 | State Board shall make optional reading inventories for | ||||||
25 | diagnostic purposes
available to each school district that | ||||||
26 | requests such assistance. Districts
that administer the |
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1 | reading inventories may develop remediation programs for
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2 | students who perform in the bottom half of the student | ||||||
3 | population. Those
remediation programs may be funded by moneys | ||||||
4 | provided under the School Safety
and Educational Improvement | ||||||
5 | Block Grant Program established under Section
2-3.51.5.
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6 | (c) Beginning with the 2000-2001 school year, each school | ||||||
7 | district that
operates a high school program for students in | ||||||
8 | grades 9 through 12 shall
annually administer the Prairie State | ||||||
9 | Achievement Examination
established under this subsection to | ||||||
10 | its students as set forth
below. The Prairie State Achievement | ||||||
11 | Examination shall be developed by
the State Board of Education | ||||||
12 | to measure student performance in the academic
areas of | ||||||
13 | reading, writing, mathematics, science, and social sciences. | ||||||
14 | Beginning with the 2004-2005 school year, however, the State | ||||||
15 | Board of Education shall not test a student in the social | ||||||
16 | sciences (history, geography, civics, economics, and | ||||||
17 | government) as part of the Prairie State Achievement | ||||||
18 | Examination unless the student is retaking the Prairie State | ||||||
19 | Achievement Examination in the fall of 2004. In addition, the | ||||||
20 | State Board of Education shall not test a student in writing as | ||||||
21 | part of the Prairie State Achievement Examination during the | ||||||
22 | 2005-2006 school year. The
State Board of Education shall | ||||||
23 | establish the academic standards that are to
apply in measuring | ||||||
24 | student performance on the Prairie State Achievement
| ||||||
25 | Examination including the minimum examination score in each | ||||||
26 | area that will
qualify a student to receive a Prairie State |
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1 | Achievement Award from the State
in recognition of the | ||||||
2 | student's excellent performance. Each school district
that is | ||||||
3 | subject to the requirements of this subsection (c) shall afford | ||||||
4 | all
students one opportunity to take the Prairie State | ||||||
5 | Achievement Examination
beginning as late as practical during | ||||||
6 | the spring semester of grade 11, but in
no event before March | ||||||
7 | 1. The State Board of Education shall annually notify
districts | ||||||
8 | of the weeks during which this test administration shall be
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9 | required to occur. Every individualized educational program as | ||||||
10 | described in
Article 14 shall identify if the Prairie State | ||||||
11 | Achievement Examination or
components thereof are appropriate | ||||||
12 | for that student. Each student, exclusive of
a student whose | ||||||
13 | individualized educational program developed under Article 14
| ||||||
14 | identifies the Prairie State Achievement Examination as | ||||||
15 | inappropriate for the
student, shall be required to take the | ||||||
16 | examination in grade 11. For each
academic area the State Board | ||||||
17 | of Education shall establish the score that
qualifies for the | ||||||
18 | Prairie State Achievement Award on that portion of the
| ||||||
19 | examination. Districts shall inform their students of the
| ||||||
20 | timelines and procedures applicable to their participation in | ||||||
21 | every yearly
administration of the Prairie State Achievement | ||||||
22 | Examination. Students
receiving special education services | ||||||
23 | whose individualized educational programs
identify the Prairie | ||||||
24 | State Achievement Examination as inappropriate for them
| ||||||
25 | nevertheless shall have the option of taking the examination, | ||||||
26 | which shall be
administered to those students in accordance |
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1 | with standards adopted by the
State Board of Education to | ||||||
2 | accommodate the respective disabilities of those
students. A | ||||||
3 | student who successfully completes all other applicable high
| ||||||
4 | school graduation requirements but fails to receive a score on | ||||||
5 | the Prairie
State Achievement Examination that qualifies the | ||||||
6 | student for receipt of a
Prairie State Achievement Award shall | ||||||
7 | nevertheless qualify for the receipt
of a regular high school | ||||||
8 | diploma. In no case, however, shall a student receive a regular | ||||||
9 | high school diploma without taking the Prairie State | ||||||
10 | Achievement Examination, unless the student is exempted from | ||||||
11 | taking the Prairie State Achievement Examination under this | ||||||
12 | subsection (c) because (i) the student's individualized | ||||||
13 | educational program developed under Article 14 of this Code | ||||||
14 | identifies the Prairie State Achievement Examination as | ||||||
15 | inappropriate for the student, (ii) the student is exempt due | ||||||
16 | to the student's lack of English language proficiency under | ||||||
17 | subsection (a) of this Section, (iii) the student is enrolled | ||||||
18 | in a program of Adult and Continuing Education as defined in | ||||||
19 | the Adult Education Act, (iv) the school district is not | ||||||
20 | required to test the individual student for purposes of | ||||||
21 | accountability under federal No Child Left Behind Act of 2001 | ||||||
22 | requirements, or (v) the student is otherwise identified by the | ||||||
23 | State Board of Education through rules as being exempt from the | ||||||
24 | assessment.
| ||||||
25 | (d) Beginning with the 2002-2003 school year, all schools | ||||||
26 | in this
State that are part of the sample drawn by the National |
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1 | Center for
Education Statistics, in collaboration with their | ||||||
2 | school districts and the
State Board of Education, shall | ||||||
3 | administer the biennial State academic
assessments of 4th and | ||||||
4 | 8th grade reading and mathematics under the
National Assessment | ||||||
5 | of Educational Progress carried out under Section 411(b)(2)
of | ||||||
6 | the National Education Statistics Act of 1994 (20 U.S.C.
9010) | ||||||
7 | if the Secretary of Education pays the costs of administering | ||||||
8 | the
assessments.
| ||||||
9 | (e) Beginning no later than the 2005-2006 school year, | ||||||
10 | subject to
available federal funds to this State for the | ||||||
11 | purpose of student
assessment, the State Board of Education | ||||||
12 | shall provide additional tests
and assessment resources that | ||||||
13 | may be used by school districts for local
diagnostic purposes. | ||||||
14 | These tests and resources shall include without
limitation | ||||||
15 | additional high school writing, physical development and
| ||||||
16 | health, and fine arts assessments. The State Board of Education | ||||||
17 | shall
annually distribute a listing of these additional tests | ||||||
18 | and resources,
using funds available from appropriations made | ||||||
19 | for student assessment
purposes.
| ||||||
20 | (f) For the assessment and accountability purposes of this | ||||||
21 | Section,
"all pupils" includes those pupils enrolled in a | ||||||
22 | public or
State-operated elementary school, secondary school, | ||||||
23 | or cooperative or
joint agreement with a governing body or | ||||||
24 | board of control, a charter
school operating in compliance with | ||||||
25 | the Charter Schools Law, a school
operated by a regional office | ||||||
26 | of education under Section 13A-3 of this
Code, or a public |
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| |||||||
1 | school administered by a local public agency or the
Department | ||||||
2 | of Human Services.
| ||||||
3 | (Source: P.A. 96-430, eff. 8-13-09; 96-1000, eff. 7-2-10; | ||||||
4 | 97-86, eff. 1-1-12.)
|