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| Public Act 096-0430 |
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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 | ||||
2004-2005 school year, the State Board of
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).
Unless the testing required to be implemented | ||||
no later than the 2005-2006 school year under this subsection | ||||
(a) is implemented for the 2004-2005 school year, for the | ||||
2004-2005 school year, the State Board of
Education shall test: | ||||
(i) all pupils enrolled
in the 3rd, 5th, and 8th grades in | ||
English language arts (reading and
English grammar) and | ||
mathematics and (ii) all pupils enrolled in the 4th and
7th | ||
grades in the biological and physical sciences. The maximum | ||
time allowed for all actual testing required under this
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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
and (ii) all pupils
enrolled in the 4th | ||
and 7th grades in the biological and physical
sciences. In | ||
addition, the State Board of Education shall test (1) all | ||
pupils enrolled in the 5th and 8th grades in writing during the | ||
2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, | ||
and 8th grades in writing during the 2007-2008 school year; and | ||
(3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in | ||
writing during the 2008-2009 school year and each school year | ||
thereafter. After the addition of grades and change in subjects | ||
as delineated in this paragraph and including whatever other
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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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Beginning with the 2004-2005 school year, the State Board | ||
of Education shall not test pupils under this subsection (a) in | ||
physical development and health, fine arts, and the social | ||
sciences (history, geography, civics, economics, and | ||
government). The State Board of Education shall not test pupils | ||
under this subsection (a) in writing during the 2005-2006 | ||
school year.
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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. The time | ||
allotted to take the State tests, however, may be extended as
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determined by the State Board of Education by rule. Any student | ||
who has been enrolled in a
State approved bilingual education | ||
program less than 3 cumulative academic
years may take an | ||
accommodated Limited English Proficient student academic | ||
content assessment, as determined by the State Board of | ||
Education, 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 a Limited | ||
English Proficient student academic content assessment would | ||
likely yield more accurate and reliable information on
what the | ||
student knows and can do, the school district may make a
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determination to assess the student using a Limited English | ||
Proficient student academic content assessment 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. 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.
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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. | ||
Beginning with the 2004-2005 school year, however, the State | ||
Board of Education shall not test a student in the social | ||
sciences (history, geography, civics, economics, and | ||
government) as part of the Prairie State Achievement | ||
Examination unless the student is retaking the Prairie State | ||
Achievement Examination in the fall of 2004. In addition, the | ||
State Board of Education shall not test a student in writing as | ||
part of the Prairie State Achievement Examination during the | ||
2005-2006 school year. The
State Board of Education shall | ||
establish the academic standards that are to
apply in measuring | ||
student performance on the Prairie State Achievement
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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 one opportunity 2 opportunities to take the | ||
Prairie State Achievement Examination
beginning as late as | ||
practical during the spring second semester of grade 11, but in
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no event before March 1. The State Board of Education shall | ||
annually notify
districts of the weeks during which this test | ||
administration 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
components thereof are appropriate for that | ||
student. Each student, exclusive of
a student whose | ||
individualized educational program developed under Article 14
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identifies the Prairie State Achievement Examination as | ||
inappropriate for the
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
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examination. Any student who fails to earn a qualifying score | ||
for a Prairie
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 (i) 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, (iv) the | ||
school district is not required to test the individual student | ||
for purposes of accountability under federal No Child Left | ||
Behind Act of 2001 requirements, or (v) the student is | ||
otherwise identified by the State Board of Education through | ||
rules as being exempt from the assessment.
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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. 93-426, eff. 8-5-03; 93-838, eff. 7-30-04; | ||
93-857, eff. 8-3-04; 94-69, eff. 7-1-05; 94-642, eff. 1-1-06; | ||
94-875, eff. 7-1-06.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2009.
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