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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 |
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| 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 |
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| of Education
shall establish standards and periodically, in |
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| collaboration with local school
districts, conduct studies of |
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| student performance in the learning areas of fine
arts and |
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| physical development/health.
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| Beginning with the 1998-1999 school
year until the |
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| 2004-2005 school year, the State Board of
Education shall |
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| annually test: (i) all pupils enrolled
in the 3rd, 5th, and 8th |
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| grades in English language arts (reading, writing, and
English |
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| grammar) and mathematics; and (ii) all pupils enrolled in the |
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| 4th and
7th grades in the biological and physical sciences and |
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| the social sciences
(history, geography, civics, economics, |
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| and government).
Unless the testing required to be implemented |
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| no later than the 2005-2006 school year under this subsection |
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| (a) is implemented for the 2004-2005 school year, for the |
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| 2004-2005 school year, the State Board of
Education shall test: |
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| (i) all pupils enrolled
in the 3rd, 5th, and 8th grades in |
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| English language arts (reading and
English grammar) and |
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| mathematics and (ii) all pupils enrolled in the 4th and
7th |
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| grades in the biological and physical sciences. The maximum |
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| time allowed for all actual testing required under this
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| paragraph shall not exceed 25 hours, as allocated among the |
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| required
tests by the State Board of Education, across all |
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| grades tested.
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| Beginning no later than the 2005-2006 school year, the |
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| State
Board of Education shall annually test: (i) all pupils |
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| enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in |
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| reading and mathematics
and (ii) all pupils
enrolled in the 4th |
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| and 7th grades in the biological and physical
sciences. In |
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| addition, the State Board of Education shall test (1) all |
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| pupils enrolled in the 5th and 8th grades in writing during the |
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| 2006-2007 school year; (2) all pupils enrolled in the 5th, 6th, |
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| and 8th grades in writing during the 2007-2008 school year; and |
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| (3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in |
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| writing during the 2008-2009 school year and each school year |
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| thereafter. After the addition of grades and change in subjects |
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| 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 |
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| testing in
grades 3 through 8 shall not exceed 38 hours across |
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| those grades.
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| Beginning with the 2004-2005 school year, the State Board |
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| of Education shall not test pupils under this subsection (a) in |
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| physical development and health, fine arts, and the social |
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| sciences (history, geography, civics, economics, and |
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| government). The State Board of Education shall not test pupils |
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| under this subsection (a) in writing during the 2005-2006 |
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| school year.
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| The State Board of
Education shall establish the academic |
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| standards that are to be applicable to
pupils who are subject |
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| to State tests under this Section beginning with the
1998-1999 |
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| school year. However, the State Board of Education shall not
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| establish any such standards in final form without first |
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| providing
opportunities for public participation and local |
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| input in the development
of the final academic standards. Those |
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| opportunities shall include a
well-publicized period of public |
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| comment, public hearings throughout the State,
and |
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| opportunities to file written comments. Beginning with the |
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| 1998-99 school
year and thereafter, the State tests will |
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| identify pupils in the 3rd grade or
5th grade who do not meet |
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| the State standards.
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| If, by performance on the State
tests or local assessments |
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| or by teacher judgment, a student's performance is
determined |
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| to be 2 or more grades below current placement, the student |
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| shall be
provided a remediation program developed by the |
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| district in consultation with a
parent or guardian. Such |
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| remediation programs may include, but shall not be
limited to, |
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| increased or concentrated instructional time, a remedial |
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| summer
school program of not less than 90 hours, improved |
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| instructional approaches,
tutorial sessions, retention in |
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| grade, and modifications to instructional
materials. Each |
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| pupil for whom a remediation program is developed under this
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| subsection shall be required to enroll in and attend whatever |
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| program the
district determines is appropriate for the pupil. |
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| Districts may combine
students in remediation programs where |
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| appropriate and may cooperate with other
districts in the |
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| design and delivery of those programs. The parent or guardian
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| of a student required to attend a remediation program under |
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| this Section shall
be given written notice of that requirement |
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| by the school district a reasonable
time prior to commencement |
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| of the remediation program that the student is to
attend. The |
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| State shall be responsible for providing school districts with |
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| the
new and additional funding, under Section 2-3.51.5 or by |
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| other or additional
means, that is required to enable the |
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| districts to operate remediation programs
for the pupils who |
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| are required to enroll in and attend those programs under
this |
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| Section. Every individualized educational program as described |
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| in Article
14 shall identify if the State test or components |
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| thereof are appropriate for
that student. The State Board of |
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| Education shall develop rules and
regulations governing the |
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| administration of alternative tests prescribed within
each |
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| student's individualized educational program which are |
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| appropriate to the
disability of each student.
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| All pupils who are in a State approved
transitional |
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| bilingual education program or transitional program of |
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| instruction
shall participate in the State
tests. The time |
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| 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 |
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| who has been enrolled in a
State approved bilingual education |
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| program less than 3 cumulative academic
years may take an |
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| accommodated Limited English Proficient student academic |
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| content assessment, as determined by the State Board of |
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| Education, if the student's lack of English as determined by an |
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| English
language
proficiency test would keep the student from |
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| understanding the regular
State test. If the
school district |
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| determines, on a case-by-case individual basis,
that a Limited |
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| English Proficient student academic content assessment would |
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| likely yield more accurate and reliable information on
what the |
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| student knows and can do, the school district may make a
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| determination to assess the student using a Limited English |
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| Proficient student academic content assessment for a period |
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| that does
not exceed 2 additional consecutive years, provided |
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| that the student has
not yet reached a level of English |
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| language proficiency sufficient to yield
valid and reliable |
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| information on what the student knows and can do on
the regular |
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| State test.
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| Reasonable accommodations as prescribed by
the State Board |
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| of Education shall be provided for individual students in the
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| testing procedure. All test procedures prescribed by the State |
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| Board of
Education shall require: (i) that each test used for |
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| State and local student
testing under this Section identify by |
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| name the pupil taking the test; (ii)
that the name of the pupil |
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| taking the test be placed on the test at the time
the test is |
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| taken; (iii) that the results or scores of each test taken |
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| under
this Section by a pupil of the school district be |
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| reported to that district and
identify by name the pupil who |
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| received the reported results or scores; and
(iv) that the |
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| 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 |
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| school year the highest
scores
attained by
a student on the |
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| Prairie State Achievement
Examination administered under |
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| subsection (c) of this Section and any Prairie
State |
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| Achievement Awards received by the student shall become part
of |
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| the student's permanent record and shall be entered on the |
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| student's
transcript pursuant to regulations that the State |
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| Board of Education shall
promulgate for that purpose in |
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| accordance with Section 3 and subsection (e) of
Section 2 of |
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| the Illinois School Student Records Act. Beginning with the
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| 1998-1999 school year and in every school year thereafter, |
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| scores received by
students on the State assessment tests |
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| administered in grades 3 through 8 shall
be placed into |
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| students' temporary records.
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| The State Board of Education shall
establish a
period of |
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| time, to be referred to as the State test window, in each |
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| school year for which State
testing shall occur to meet the |
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| objectives of this Section. However, if the
schools of a |
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| district are closed and classes are not scheduled during any |
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| week
that is established by the State Board of Education as the |
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| State test
window, the school district may
(at the discretion |
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| of the State Board of Education) move its State test
window one |
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| 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 |
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| Education written notice of its
intention to deviate from the |
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| established schedule by December 1 of the school
year in which |
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| falls the State test window established by the State
Board of |
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| Education for
the testing.
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| (a-5) All tests administered pursuant to this Section shall |
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| be academically
based. For the purposes of this Section |
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| "academically based tests" shall mean
tests consisting of |
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| questions and answers that are measurable and quantifiable
to |
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| measure the knowledge, skill, and ability of students in the |
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| subject matters
covered by tests. The scoring of academically |
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| based tests shall be reliable,
valid, unbiased and shall meet |
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| the guidelines for test development and use
prescribed by the |
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| American Psychological Association, the National Council of
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| Measurement and Evaluation, and the American Educational |
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| Research Association.
Academically based tests shall not |
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| include assessments or evaluations of
attitudes, values, or |
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| beliefs, or testing of personality, self-esteem, or
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| self-concept. Nothing in this amendatory Act is intended, nor |
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| shall it be
construed, to nullify, supersede, or contradict the |
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| legislative intent on
academic testing expressed during the |
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| passage of HB 1005/P.A. 90-296.
Nothing in this Section is |
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| intended, nor shall it be construed, to nullify,
supersede, or |
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| contradict the legislative intent on academic testing
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| expressed in the preamble of this amendatory Act of the 93rd |
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| General
Assembly.
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| The State Board of Education shall monitor the use of
short |
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| answer
questions in the math
and reading assessments or in |
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| other assessments in order to demonstrate that the use of short
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| answer questions results in a statistically significant |
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| improvement in student
achievement as measured on the State |
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| assessments for math and reading or on
other State assessments |
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| 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 |
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| districts
to continuously test pupil proficiency in the |
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| fundamental learning areas in
order to: (i) provide timely |
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| information on individual students' performance
relative to |
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| State standards that is adequate to guide instructional |
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| strategies;
(ii) improve future instruction; and (iii) |
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| complement the information provided
by the State testing system |
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| described in this Section. To assist
school districts in |
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| testing pupil proficiency in reading in the primary grades,
the |
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| State Board shall make optional reading inventories for |
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| diagnostic purposes
available to each school district that |
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| requests such assistance. Districts
that administer the |
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| reading inventories may develop remediation programs for
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| students who perform in the bottom half of the student |
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| population. Those
remediation programs may be funded by moneys |
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| provided under the School Safety
and Educational Improvement |
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| Block Grant Program established under Section
2-3.51.5.
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| (c) Beginning with the 2000-2001 school year, each school |
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| district that
operates a high school program for students in |
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| grades 9 through 12 shall
annually administer the Prairie State |
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| Achievement Examination
established under this subsection to |
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| its students as set forth
below. The Prairie State Achievement |
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| Examination shall be developed by
the State Board of Education |
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| to measure student performance in the academic
areas of |
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| reading, writing, mathematics, science, and social sciences. |
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| Beginning with the 2004-2005 school year, however, the State |
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| Board of Education shall not test a student in the social |
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| sciences (history, geography, civics, economics, and |
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| government) as part of the Prairie State Achievement |
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| Examination unless the student is retaking the Prairie State |
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| Achievement Examination in the fall of 2004. In addition, the |
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| State Board of Education shall not test a student in writing as |
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| part of the Prairie State Achievement Examination during the |
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| 2005-2006 school year. The
State Board of Education shall |
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| establish the academic standards that are to
apply in measuring |
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| student performance on the Prairie State Achievement
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| Examination including the minimum examination score in each |
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| area that will
qualify a student to receive a Prairie State |
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| Achievement Award from the State
in recognition of the |
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| student's excellent performance. Each school district
that is |
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| subject to the requirements of this subsection (c) shall afford |
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| all
students one opportunity 2 opportunities to take the |
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| Prairie State Achievement Examination
beginning as late as |
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| 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 |
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| annually notify
districts of the weeks during which this test |
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| administration these test administrations shall be
required to |
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| occur. Every individualized educational program as described |
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| in
Article 14 shall identify if the Prairie State Achievement |
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| Examination or
components thereof are appropriate for that |
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| student. Each student, exclusive of
a student whose |
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| individualized educational program developed under Article 14
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| identifies the Prairie State Achievement Examination as |
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| inappropriate for the
student, shall be required to take the |
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| examination in grade 11. For each
academic area the State Board |
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| of Education shall establish the score that
qualifies for the |
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| Prairie State Achievement Award on that portion of the
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| examination. Any student who fails to earn a qualifying score |
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| for a Prairie
State Achievement Award in any one or more of the |
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| academic areas on the initial
test administration or who wishes |
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| to improve his or her score on any portion of
the examination |
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| shall be permitted to retake such portion or portions of the
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| examination during grade 12. Districts shall inform their |
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| students of the
timelines and procedures applicable to their |
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| participation in every yearly
administration of the Prairie |
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| State Achievement Examination. Students
receiving special |
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| education services whose individualized educational programs
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| identify the Prairie State Achievement Examination as |
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| inappropriate for them
nevertheless shall have the option of |
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| taking the examination, which shall be
administered to those |
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| students in accordance with standards adopted by the
State |
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| Board of Education to accommodate the respective disabilities |
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| of those
students. A student who successfully completes all |
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| other applicable high
school graduation requirements but fails |
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| to receive a score on the Prairie
State Achievement Examination |
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| that qualifies the student for receipt of a
Prairie State |
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| Achievement Award shall nevertheless qualify for the receipt
of |
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| a regular high school diploma. In no case, however, shall a |
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| student receive a regular high school diploma without taking |
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| the Prairie State Achievement Examination, unless the student |
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| is exempted from taking the Prairie State Achievement |
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| Examination under this subsection (c) because (i) the student's |
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| individualized educational program developed under Article 14 |
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| of this Code identifies the Prairie State Achievement |
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| Examination as inappropriate for the student, (ii) the student |
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| is exempt due to the student's lack of English language |
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| proficiency under subsection (a) of this Section, or (iii) the |
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| student is enrolled in a program of Adult and Continuing |
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| Education as defined in the Adult Education Act , (iv) the |
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| school district is not required to test the individual student |
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| for purposes of accountability under federal No Child Left |
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| Behind Act of 2001 requirements, or (v) the student is |
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| otherwise identified by the State Board of Education through |
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| rules as being exempt from the assessment .
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| (d) Beginning with the 2002-2003 school year, all schools |
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| in this
State that are part of the sample drawn by the National |
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| Center for
Education Statistics, in collaboration with their |
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| school districts and the
State Board of Education, shall |
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| administer the biennial State academic
assessments of 4th and |
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| 8th grade reading and mathematics under the
National Assessment |
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| of Educational Progress carried out under Section
m11(b)(2) of |
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| the National Education Statistics Act of 1994 (20 U.S.C.
9010) |
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| if the Secretary of Education pays the costs of administering |
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| the
assessments.
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| (e) Beginning no later than the 2005-2006 school year, |
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| subject to
available federal funds to this State for the |
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| purpose of student
assessment, the State Board of Education |
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| shall provide additional tests
and assessment resources that |
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| may be used by school districts for local
diagnostic purposes. |
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| These tests and resources shall include without
limitation |
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| additional high school writing, physical development and
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| health, and fine arts assessments. The State Board of Education |
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| shall
annually distribute a listing of these additional tests |
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| and resources,
using funds available from appropriations made |
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| for student assessment
purposes.
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| (f) For the assessment and accountability purposes of this |
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| Section,
"all pupils" includes those pupils enrolled in a |
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| public or
State-operated elementary school, secondary school, |
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| or cooperative or
joint agreement with a governing body or |
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| board of control, a charter
school operating in compliance with |
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| the Charter Schools Law, a school
operated by a regional office |
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| of education under Section 13A-3 of this
Code, or a public |
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| school administered by a local public agency or the
Department |
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| of Human Services.
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| (Source: P.A. 93-426, eff. 8-5-03; 93-838, eff. 7-30-04; |
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| 93-857, eff. 8-3-04; 94-69, eff. 7-1-05; 94-642, eff. 1-1-06; |
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| 94-875, eff. 7-1-06.)
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2009.
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