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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
52-3.64a-15 as follows:
6 (105 ILCS 5/2-3.64a-15)
7 Sec. 2-3.64a-15. Restrictions on prekindergarten through
8grade 2 assessments.
9 (a) In this Section:
10 "Diagnostic and screening purposes" means for the purpose
11of determining if individual students need remedial
12instruction or to determine eligibility for special education,
13early intervention, bilingual education, dyslexia services,
14advanced academic programs as defined in Section 14A-17 of
15this Code, or other related educational services. Any
16assessment used to determine eligibility for special education
17or related services must be consistent with Section 614 of the
18federal Individuals with Disabilities Education Act.
19"Diagnostic and screening purposes" includes the
20identification and evaluation of students with disabilities.
21"Diagnostic and screening purposes" does not include any
22assessment in which student scores are used to rate or rank a
23classroom, program, teacher, school, school district, or

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1jurisdiction.
2 "Standardized assessment" means an assessment that
3requires all student test takers to answer the same questions,
4or a selection of questions from a common bank of questions, in
5the same manner or substantially the same questions in the
6same manner. "Standardized assessment" does not include an
7observational assessment tool used to satisfy the requirements
8of Section 2-3.64a-10.
9 (b) The State Board of Education may not develop,
10purchase, or require a school district to administer, develop,
11or purchase a standardized assessment for students enrolled or
12preparing to enroll in prekindergarten through grade 2, other
13than for diagnostic and screening purposes.
14 (c) The State Board of Education may not provide funding
15for any standardized assessment of students enrolled or
16preparing to enroll in prekindergarten through grade 2, other
17than for diagnostic and screening purposes.
18 (d) Nothing in this Section shall be construed to limit
19the ability of a classroom teacher or school district to
20develop, purchase, administer, or score an assessment for an
21individual classroom, grade level, or group of grade levels in
22any subject area in prekindergarten through the grade 2.
23 (e) Nothing in this Section limits procedures used by a
24school or school district for child find under 34 CFR
25300.111(c) or evaluation under 34 CFR 300.304.
26 (f) Nothing in this Section restricts the use of an annual

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1assessment of English proficiency of all English learners to
2comply with Section 1111(b)(2)(G) of the federal Elementary
3and Secondary Education Act of 1965.
4(Source: P.A. 102-875, eff. 5-13-22.)
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