Bill Text: IL SB3164 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. In provisions concerning restrictions on prekindergarten through grade 2 assessments, provides that the term "diagnostic and screening purposes" includes to determine eligibility for advanced academic programs, as defined in the Gifted and Talented Children and Children Eligible for Accelerated Placement Article of the Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0946 [SB3164 Detail]

Download: Illinois-2023-SB3164-Engrossed.html

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SB3164 Engrossed LRB103 37201 RJT 67320 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 Section
2-3.64a-15 as follows:
(105 ILCS 5/2-3.64a-15)
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,
advanced academic programs as defined in Section 14A-17 of
this Code, 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

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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

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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.
(Source: P.A. 102-875, eff. 5-13-22.)