ENROLLED HOUSE
BILL NO. 1461	By:	Sears, Cannaday and Martin (Steve) of the House

			     and

		Ford of the Senate

An Act relating to schools; amending 70 O.S. 2001, Section 1210.541, as amended by Section 3, Chapter 428, O.S.L. 2003 (70 O.S. Supp. 2008, Section 1210.541), which relates to student performance levels and accountability system; requiring certain schools identified as in need of improvement to utilize school support team assistance; specifying types of assistance to be provided to schools; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     70 O.S. 2001, Section 1210.541, as amended by Section 3, Chapter 428, O.S.L. 2003 (70 O.S. Supp. 2008, Section 1210.541), is amended to read as follows:

Section 1210.541  A.  The State Board of Education shall determine and adopt a series of student performance levels for the criterion-referenced tests administered pursuant to the Oklahoma School Testing Program Act, Section 1210.505 et seq. of this title.  The performance levels shall be set by a method similar to that used for the achievement levels on the National Assessment of Educational Progress.  The State Board of Education shall ensure that the criterion-referenced tests developed and administered pursuant to the Oklahoma School Testing Program Act in grades three through eight are vertically aligned by content across grade levels to ensure consistency, continuity, alignment and clarity.  Student performance levels shall be labeled:  advanced, satisfactory, limited knowledge, and unsatisfactory.

B.  The State Board of Education shall develop and implement in accordance with the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, an accountability system as provided for in 20 U.S.C., 6311 and any related federal regulations.  The accountability system shall be implemented beginning with the 2002-2003 school year and shall be based on the Academic Performance Index data as established pursuant to Section 3-150 of this title and as modified to meet the mandates of the ESEA.  For the 2002-2003 school year and every year thereafter the State Board of Education shall publish and ensure that each local education agency is provided with Academic Performance Index data annually by site and by district so that the local education agency can make Adequate Yearly Progress determinations to identify schools for rewards and sanctions.  The State Board of Education shall establish a system of recognition, rewards, sanctions and technical assistance.

C.  A school that does not make adequate yearly progress (AYP) for two (2) consecutive years, as AYP is defined by the accountability system developed by the State Board of Education pursuant to this section, because of failure to meet either an academic performance target or an attendance or graduation performance target, or both, and is identified for school improvement shall utilize the assistance of a school support team or other similar team formed by the State Department of Education to provide support for schools in need of improvement, subject to school support team capacity.  The school support team shall review and analyze all facets of operation of the school including the design and operation of the instructional program.  The school support team shall assist the school in:

1.  Incorporating strategies based on scientifically based research that will strengthen the core academic subjects in the school and address the specific academic issues that caused the school to be identified for school improvement;

2.  Incorporating strategies to promote high quality professional development; and

3.  Training teachers to analyze classroom and school-level data and use the data to inform instruction.

SECTION 2.  This act shall become effective July 1, 2009.

SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the House of Representatives the 10th day of February, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 6th day of April, 2009.

	
Presiding Officer of the Senate