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H. B. No. 629 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Brenner, Gonzales
Cosponsors:
Representatives Becker, Boose, Derickson, Grossman, Henne, Hill, Perales, Ruhl, Wachtmann
A BILL
To amend sections 3301.0710 and 3301.0715 and to
enact section 3301.132 of the Revised Code, and to
amend Section 10 of Am. Sub. H.B. 487 of the 130th
General Assembly with regard to the administration
of state primary and secondary education
assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0710 and 3301.0715 be amended
and section 3301.132 of the Revised Code be enacted to read as
follows:
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to assess student
achievement. The state board shall ensure that all assessments
administered under the program are aligned with the academic
standards and model curricula adopted by the state board and are
created with input from Ohio parents, Ohio classroom teachers,
Ohio school administrators, and other Ohio school personnel
pursuant to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that
students who receive a high school diploma demonstrate at least
high school levels of achievement in English language arts,
mathematics, science, and social studies.
(A)(1) The state board shall prescribe all of the following:
(a) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of third grade;
(b) Three statewide achievement assessments, one each
designed to measure the level of English language arts,
mathematics, and social studies skill expected at the end of
fourth grade;
(c) Three statewide achievement assessments, one each
designed to measure the level of English language arts,
mathematics, and science skill expected at the end of fifth grade;
(d) Three statewide achievement assessments, one each
designed to measure the level of English language arts,
mathematics, and social studies skill expected at the end of sixth
grade;
(e) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of seventh grade;
(f) Three statewide achievement assessments, one each
designed to measure the level of English language arts,
mathematics, and science skill expected at the end of eighth
grade.
(2) The state board shall determine and designate at least
five ranges of scores on each of the achievement assessments
described in divisions (A)(1) and (B)(1) of this section. Each
range of scores shall be deemed to demonstrate a level of
achievement so that any student attaining a score within such
range has achieved one of the following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e) A limited level of skill.
(3) For the purpose of implementing division (A) of section
3313.608 of the Revised Code, the state board shall determine and
designate a level of achievement, not lower than the level
designated in division (A)(2)(e) of this section, on the third
grade English language arts assessment for a student to be
promoted to the fourth grade. The state board shall review and
adjust upward the level of achievement designated under this
division each year the test is administered until the level is set
equal to the level designated in division (A)(2)(c) of this
section.
(B)(1) The assessments prescribed under division (B)(1) of
this section shall collectively be known as the Ohio graduation
tests. The state board shall prescribe five statewide high school
achievement assessments, one each designed to measure the level of
reading, writing, mathematics, science, and social studies skill
expected at the end of tenth grade. The state board shall
designate a score in at least the range designated under division
(A)(2)(c) of this section on each such assessment that shall be
deemed to be a passing score on the assessment as a condition
toward granting high school diplomas under sections 3313.61,
3313.611, 3313.612, and 3325.08 of the Revised Code until the
assessment system prescribed by section 3301.0712 of the Revised
Code is implemented in accordance with division (B)(2) of this
section.
(2) The state board shall prescribe an assessment system in
accordance with section 3301.0712 of the Revised Code that shall
replace the Ohio graduation tests beginning with students who
enter the ninth grade for the first time on or after July 1, 2014.
(3) The state board may enter into a reciprocal agreement
with the appropriate body or agency of any other state that has
similar statewide achievement assessment requirements for
receiving high school diplomas, under which any student who has
met an achievement assessment requirement of one state is
recognized as having met the similar requirement of the other
state for purposes of receiving a high school diploma. For
purposes of this section and sections 3301.0711 and 3313.61 of the
Revised Code, any student enrolled in any public high school in
this state who has met an achievement assessment requirement
specified in a reciprocal agreement entered into under this
division shall be deemed to have attained at least the applicable
score designated under this division on each assessment required
by division (B)(1) or (2) of this section that is specified in the
agreement.
(C) The superintendent of public instruction shall designate
dates and times for the administration of the assessments
prescribed by divisions (A) and (B) of this section.
In prescribing administration dates pursuant to this
division, the superintendent shall designate the dates in such a
way as to allow a reasonable length of time between the
administration of assessments prescribed under this section and
any administration of the national assessment of educational
progress given to students in the same grade level pursuant to
section 3301.27 of the Revised Code or federal law.
The duration of the administration for each assessment
prescribed by division (A) of this section and for each assessment
prescribed by division (B)(2) of section 3301.0712 of the Revised
Code shall not exceed four hours per year. The limitation
prescribed by this paragraph shall not apply to assessments for
students with disabilities, the English language arts assessment
prescribed by division (A)(1)(a) of section 3301.0710 of the
Revised Code or any related diagnostic assessment for students who
failed to attain a passing score on that English language arts
achievement assessment, the nationally standardized assessment
that measures college and career readiness as prescribed by
division (B)(1) of section 3301.0712 of the Revised Code, or
substitute examinations as prescribed by division (B)(4) of
section 3301.0712 of the Revised Code.
(D) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B)(1) of this
section that is of comparable length to the actual test.
(E) Any committee established by the department of education
for the purpose of making recommendations to the state board
regarding the state board's designation of scores on the
assessments described by this section shall inform the state board
of the probable percentage of students who would score in each of
the ranges established under division (A)(2) of this section on
the assessments if the committee's recommendations are adopted by
the state board. To the extent possible, these percentages shall
be disaggregated by gender, major racial and ethnic groups,
limited English proficient students, economically disadvantaged
students, students with disabilities, and migrant students.
Sec. 3301.0715. (A) Except as otherwise required under
division (B)(1) of section 3313.608 of the Revised Code, the board
of education of each city, local, and exempted village school
district shall administer each applicable diagnostic assessment
developed and provided to the district in accordance with section
3301.079 of the Revised Code to the following:
(1) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student. However, if a student
transfers into the district prior to the administration of the
diagnostic assessments to all students under division (B) of this
section, the district may administer the diagnostic assessments to
that student on the date or dates determined under that division.
(2) Each kindergarten student, not earlier than the first day
of the school year August and not later than the first day of
November, except that the language and reading skills portion of
the assessment shall be administered by the thirtieth day of
September to fulfill the requirements of division (B) of section
3313.608 of the Revised Code.
For the purpose of division (A)(2) of this section, the
district shall administer the kindergarten readiness assessment
provided by the department of education. In no case shall the
results of the readiness assessment be used to prohibit a student
from enrolling in kindergarten.
A district or school may administer the kindergarten
readiness diagnostic assessment all at one time or may administer
it in portions at different times, so long as the assessment has
been administered in its entirety not later than the first day of
November.
(3) Each student enrolled in first, second, or third grade.
Division (A) of this section does not apply to students with
significant cognitive disabilities, as defined by the department
of education.
(B) Each district board shall administer each diagnostic
assessment when the board deems appropriate, provided the
administration complies with section 3313.608 of the Revised Code.
However, the board shall administer any diagnostic assessment at
least once annually to all students in the appropriate grade
level. A district board may administer any diagnostic assessment
in the fall and spring of a school year to measure the amount of
academic growth attributable to the instruction received by
students during that school year.
(C) Any district that received a grade of "A" or "B" for the
performance index score under division (A)(1)(b), (B)(1)(b), or
(C)(1)(b) of section 3302.03 of the Revised Code or for the
value-added progress dimension under division (A)(1)(e),
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for
the immediately preceding school year may use different diagnostic
assessments from those adopted under division (D) of section
3301.079 of the Revised Code in order to satisfy the requirements
of division (A)(3) of this section.
(D) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
After the administration of any diagnostic assessment, each
district shall provide a student's completed diagnostic
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student, and shall include all
such documents and information in any plan developed for the
student under division (C) of section 3313.608 of the Revised
Code. Each district shall submit to the department, in the manner
the department prescribes, the results of the diagnostic
assessments administered under this section, regardless of the
type of assessment used under section 3313.608 of the Revised
Code. The department may issue reports with respect to the data
collected. The department may report school and district level
kindergarten diagnostic assessment data and use diagnostic
assessment data to calculate the measure prescribed by divisions
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.
(E) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
Sec. 3301.132. (A) The department of education shall
determine which components of the resident educator
performance-based assessment, as prescribed by rule of the state
board of education for purposes of the Ohio teacher residency
program established under section 3319.223 of the Revised Code,
may be used as part of the teacher evaluations required by section
3319.111 of the Revised Code.
(B) The department shall develop a table of assessments that
may be used for multiple purposes for which a measure of student
performance or aptitude is required, in order to reduce the total
number of assessments administered by a district or school. The
table shall include achievement assessments, diagnostic
assessments, end-of-course examinations, substitute examinations,
examinations related to student academic growth measures, and
other assessments. The department shall make the table available
to school districts, community schools established under Chapter
3314. of the Revised Code, STEM schools established under Chapter
3326. of the Revised Code, college-preparatory boarding schools
established under Chapter 3328. of the Revised Code, and chartered
nonpublic schools.
Section 2. That existing sections 3301.0710 and 3301.0715 of
the Revised Code are hereby repealed.
Section 3. That Section 10 of Am. Sub. H.B. 487 of the 130th
General Assembly be amended to read as follows:
Sec. 10. (A) For the 2014-2015 and 2015-2016 school year
years, no school district, community school, STEM school,
college-preparatory boarding school, or chartered nonpublic school
shall be required to administer in an online format any
assessments prescribed by sections 3301.0710 and 3301.0712 of the
Revised Code. However, a district or school may administer any of
those assessments in an online format at the discretion of the
district board or school governing authority, or in any
combination of online and paper formats. The Department of
Education shall furnish, free of charge, all such assessments for
that school year regardless of the format selected by the district
or school.
(B) Not later than December 31, 2014, the Department shall
submit a report to the Governor and the General Assembly, in
accordance with section 101.68 of the Revised Code, on the
security of student data with regard to the administration of
online assessments.
(C) Not later than July 1, 2015, the Department shall publish
the number of districts and schools that administered the
assessments required under sections 3301.0710 and 3301.0712 of the
Revised Code in all of the following formats:
(1) Completely in an online format;
(2) Completely in a paper format;
(3) In any combination of online and paper formats.
Section 4. That existing Section 10 of Am. Sub. H.B. 487 of
the 130th General Assembly is hereby repealed.
Section 5. (A) The Department of Education shall study the
impact on student performance of the online administration of the
state assessments prescribed under sections 3301.0710 and
3301.0712 of the Revised Code. Not later than June 30, 2015, the
Department shall submit the results of its study to the General
Assembly, in accordance with section 101.68 of the Revised Code,
and to the Governor.
(B)(1) The Department shall conduct a comprehensive survey of
the capacity and readiness of each school district for online
administration of the assessments prescribed by sections 3301.0710
and 3301.0712 of the Revised Code based on recommended
specifications for such administration of the assessments. The
survey conducted under this section shall include information
regarding hardware, software, bandwidth, technical support,
security requirements, training for teachers regarding the
administration of assessments, and training for students regarding
taking the assessments.
(2) Not later than June 30, 2015, the Department shall
compile and present to the Governor, the chairpersons and ranking
members of the Education Committees of the Senate and House of
Representatives, and the State Board of Education the results of
the survey conducted under this section and a detailed
implementation plan to address any issues or problems identified
in the survey.
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