Bill Text: MI HB4162 | 2019-2020 | 100th Legislature | Engrossed

---

Bill Title: Education; examinations; administration of certain assessments; prohibit certain state agencies from requiring. Amends sec. 1279g of 1976 PA 451 (MCL 380.1279g) & adds sec. 1279i.

Spectrum: Slight Partisan Bill (Republican 9-5)

Status: (Engrossed - Dead) 2019-08-20 - Referred To Committee On Government Operations [HB4162 Detail]

Download: Michigan-2019-HB4162-Engrossed.html

---

HB-4162, As Passed House, June 20, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4162

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1279g (MCL 380.1279g), as amended by 2016 PA

 

170, and by adding section 1279i.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1279g. (1) The board of a school district or board of

 

directors of a public school academy shall comply with this section

 

and shall administer the Michigan merit examination to pupils in

 

grade 11, and to pupils in grade 12 who did not take the complete

 

Michigan merit examination in grade 11, as provided in this

 

section.

 

     (2) For the purposes of this section, the department of

 

technology, management, and budget shall contract with 1 or more

 

providers to develop, supply, and score the Michigan merit

examination. The Michigan merit examination shall must consist of

 

all of the following:

 

     (a) Assessment instruments that measure English language arts,

 

mathematics, reading, and science and are used by colleges and

 

universities in this state for entrance or placement purposes. This

 

shall must include a writing component in which the pupil produces

 

an extended writing sample. The Michigan merit examination shall

 

must not require any other extended writing sample.

 

     (b) One or more tests from 1 or more test developers that

 

assess a pupil's ability to apply at least reading and mathematics

 

skills in a manner that is intended to allow employers to use the

 

results in making employment decisions. The department of

 

technology, management, and budget and the superintendent of public

 

instruction shall ensure that any test or tests selected under this

 

subdivision have all the components necessary to allow a pupil to

 

be eligible to receive the results of a nationally recognized

 

evaluation of workforce readiness if the pupil's test performance

 

is adequate.

 

     (b) (c) A social studies component.

 

     (c) (d) Any other component that is necessary to obtain the

 

approval of the United States Department of Education to use the

 

Michigan merit examination for the purposes of the no child left

 

behind act of 2001, Public Law 107-110, or the every student

 

succeeds act, Public Law 114-95.

 

     (3) In addition to all other requirements of this section, all

 

of the following apply to the Michigan merit examination:

 

     (a) The department of technology, management, and budget and

the superintendent of public instruction shall ensure that any

 

contractor used for scoring the Michigan merit examination supplies

 

an individual report for each pupil that will identify for the

 

pupil's parents and teachers whether the pupil met expectations or

 

failed to meet expectations for each standard, to allow the pupil's

 

parents and teachers to assess and remedy problems before the pupil

 

moves to the next grade.

 

     (b) The department of technology, management, and budget and

 

the superintendent of public instruction shall ensure that any

 

contractor used for scoring, developing, or processing the Michigan

 

merit examination meets quality management standards commonly used

 

in the assessment industry, including at least meeting level 2 of

 

the capability maturity model developed by the Software Engineering

 

Institute of Carnegie Mellon University for the first year the

 

Michigan merit examination is offered to all grade 11 pupils and at

 

least meeting level 3 of the capability maturity model for

 

subsequent years.

 

     (c) The department of technology, management, and budget and

 

the superintendent of public instruction shall ensure that any

 

contract for scoring, administering, or developing the Michigan

 

merit examination includes specific deadlines for all steps of the

 

assessment process, including, but not limited to, deadlines for

 

the correct testing materials to be supplied to schools and for the

 

correct results to be returned to schools, and includes penalties

 

for noncompliance with these deadlines.

 

     (d) The superintendent of public instruction shall ensure that

 

the Michigan merit examination meets all of the following:

     (i) Is designed to test pupils on grade level content

 

expectations or course content expectations, as appropriate, in all

 

subjects tested.

 

     (ii) Complies with requirements of the no child left behind

 

act of 2001, Public Law 107-110, or the every student succeeds act,

 

Public Law 114-95, as applicable.

 

     (iii) Is consistent with the code of fair testing practices in

 

education prepared by the joint committee on testing practices of

 

the American Psychological Association.

 

     (iv) Is factually accurate. If the superintendent of public

 

instruction determines that a question is not factually accurate

 

and should be excluded from scoring, the state board and the

 

superintendent of public instruction shall ensure that the question

 

is excluded from scoring.

 

     (4) A school district or public school academy that operates a

 

high school shall include on each pupil's high school transcript

 

all both of the following:

 

     (a) For each high school graduate who has completed the

 

Michigan merit examination under this section, the pupil's scaled

 

score on each subject area component of the Michigan merit

 

examination.

 

     (b) The number of school days the pupil was in attendance at

 

school each school year during high school and the total number of

 

school days in session for each of those school years.

 

     (5) The superintendent of public instruction shall work with

 

the provider or providers of the Michigan merit examination to

 

produce Michigan merit examination subject area scores for each

pupil participating in the Michigan merit examination, including

 

scaling and merging of test items for the different subject area

 

components. The superintendent of public instruction shall design

 

and distribute to school districts, public school academies,

 

intermediate school districts, and nonpublic schools a simple and

 

concise document that describes the scoring for each subject area

 

and indicates the scaled score ranges for each subject area.

 

     (6) The Michigan merit examination shall must be administered

 

each year after March 1 and before June 1 to pupils in grade 11.

 

The superintendent of public instruction shall ensure that the

 

Michigan merit examination is scored and the scores are returned to

 

pupils, their parents or legal guardians, and schools not later

 

than the beginning of the pupil's first semester of grade 12. The

 

returned scores shall must indicate at least the pupil's scaled

 

score for each subject area component and the range of scaled

 

scores for each subject area. In reporting the scores to pupils,

 

parents, and schools, the superintendent of public instruction

 

shall provide standards-specific, meaningful, and timely feedback

 

on the pupil's performance on the Michigan merit examination.

 

     (7) A school district or public school academy shall

 

administer the complete Michigan merit examination to a pupil only

 

once and shall not administer the complete Michigan merit

 

examination to the same pupil more than once. If a pupil does not

 

take the complete Michigan merit examination in grade 11, the

 

school district or public school academy shall administer the

 

complete Michigan merit examination to the pupil in grade 12. If a

 

pupil chooses to retake the college entrance examination component

of the Michigan merit examination, as described in subsection

 

(2)(a), the pupil may do so through the provider of the college

 

entrance examination component and the cost of the retake is the

 

responsibility of the pupil unless all of the following are met:

 

     (a) The pupil has taken the complete Michigan merit

 

examination.

 

     (b) The pupil meets the income eligibility criteria for free

 

breakfast, lunch, or milk, as determined under the Richard B.

 

Russell national school lunch act, 42 USC 1751 to 1769j.

 

     (c) The pupil has applied to the provider of the college

 

entrance examination component for a scholarship or fee waiver to

 

cover the cost of the retake and that application has been denied.

 

     (d) After taking the complete Michigan merit examination, the

 

pupil has not already received a free retake of the college

 

entrance examination component paid for either by this state or

 

through a scholarship or fee waiver by the provider.

 

     (8) The superintendent of public instruction shall ensure that

 

the length of the Michigan merit examination and the combined total

 

time necessary to administer all of the components of the Michigan

 

merit examination are the shortest possible that will still

 

maintain the degree of reliability and validity of the Michigan

 

merit examination results determined necessary by the

 

superintendent of public instruction. The superintendent of public

 

instruction shall ensure that the maximum total combined length of

 

time that schools are required to set aside for pupils to answer

 

all test questions on the Michigan merit examination does not

 

exceed 8 hours if the superintendent of public instruction

determines that sufficient alignment to applicable Michigan merit

 

curriculum content standards can be achieved within that time

 

limit.

 

     (9) A school district or public school academy shall provide

 

accommodations to a pupil with disabilities for the Michigan merit

 

examination, as provided under section 504 of title V of the

 

rehabilitation act of 1973, 29 USC 794; subtitle A of title II of

 

the Americans with disabilities act of 1990, 42 USC 12131 to 12134;

 

the individuals with disabilities education act amendments of 1997,

 

Public Law 105-17; and the implementing regulations for those

 

statutes. The provider or providers of the Michigan merit

 

examination and the superintendent of public instruction shall

 

mutually agree upon the accommodations to be provided under this

 

subsection.

 

     (10) To the greatest extent possible, the Michigan merit

 

examination shall must be based on grade level content expectations

 

or course content expectations, as appropriate. Not later than July

 

1, 2008, the department shall identify specific grade level content

 

expectations to be taught before and after the middle of grade 11,

 

so that teachers will know what content will be covered within the

 

Michigan merit examination.

 

     (11) A child who is a student in a nonpublic school or home

 

school may take the Michigan merit examination under this section.

 

To take the Michigan merit examination, a child who is a student in

 

a home school shall contact the school district in which the child

 

resides, and that school district shall administer the Michigan

 

merit examination, or the child may take the Michigan merit

examination at a nonpublic school if allowed by the nonpublic

 

school. Upon request from a nonpublic school, the superintendent of

 

public instruction shall direct the provider or providers to supply

 

the Michigan merit examination to the nonpublic school and the

 

nonpublic school may administer the Michigan merit examination. If

 

a school district administers the Michigan merit examination under

 

this subsection to a child who is not enrolled in the school

 

district, the scores for that child are not considered for any

 

purpose to be scores of a pupil of the school district.

 

     (12) In contracting under subsection (2), the department of

 

technology, management, and budget shall consider a contractor that

 

provides electronically-scored essays with the ability to score

 

constructed response feedback in multiple languages and provide

 

ongoing instruction and feedback.

 

     (13) The purpose of the Michigan merit examination is to

 

assess pupil performance in mathematics, science, social studies,

 

and English language arts for the purpose of improving academic

 

achievement and establishing a statewide standard of competency.

 

The assessment under this section provides a common measure of data

 

that will contribute to the improvement of Michigan schools'

 

curriculum and instruction by encouraging alignment with Michigan's

 

curriculum framework standards and promotes pupil participation in

 

higher level mathematics, science, social studies, and English

 

language arts courses. These standards are based upon the

 

expectations of what pupils should learn through high school and

 

are aligned with national standards.

 

     (14) In addition to the other requirements of this section and

the requirements of 1970 PA 38, MCL 388.1081 to 388.1086, beginning

 

with assessments conducted during the 2016-2017 school year, the

 

superintendent of public instruction shall ensure that the Michigan

 

merit examination social studies component and the M-STEP and any

 

successor state assessment for social studies, as appropriate,

 

include questions related to the learning objectives in the state

 

board recommended model core academic curriculum standards

 

concerning genocide, including, but not limited to, the Holocaust

 

and the Armenian Genocide.

 

     (15) As used in this section:

 

     (a) "Armenian Genocide", "genocide", and "Holocaust" mean

 

those terms as defined in section 1168.

 

     (b) "English language arts" means reading and writing.

 

     (c) "Social studies" means United States history, world

 

history, world geography, economics, and American government.

 

     Sec. 1279i. (1) The department shall not require the

 

administration of an assessment that assesses a pupil's ability to

 

apply reading and mathematics skills in a manner that is intended

 

to allow employers to use the results in making employment

 

decisions.

 

     (2) The board of a school district or the board of directors

 

of a public school academy may provide pupils with an opportunity

 

to take an assessment described under subsection (1).

 

     (3) The legislature shall appropriate funds to the department

 

to reimburse school districts and public school academies that

 

offer pupils the opportunity to take an assessment described under

 

subsection (1). By June 1, 2020, and by June 1 of each year

thereafter, the department shall submit a report to the legislature

 

that includes both of the following:

 

     (a) The number of school districts and public school academies

 

that offered pupils the opportunity to take an assessment described

 

under subsection (1) during the immediately preceding school year.

 

     (b) The number of pupils who took an assessment described

 

under subsection (1) during the immediately preceding school year.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.