ENROLLED HOUSE
BILL NO. 1756	By:	Nollan, Sherrer, Hoskin, Hulbert and Pittman of the House

				and

		Ford of the Senate

An Act relating to schools; amending 70 O.S. 2011, Section 1210.523, as last amended by Section 1 of Enrolled Senate Bill No. 251 of the 1st Session of the 54th Oklahoma Legislature, which relates to the Achieving Classroom Excellence Act of 2005; clarifying statutory language; allowing certain students with an individualized education program to graduate with a standard diploma under certain circumstances; specifying criteria for graduation with a standard diploma; and declaring an emergency.

SUBJECT:  Achieving Classroom Excellence Act of 2005

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

SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1210.523, as last amended by Section 1 of Enrolled Senate Bill No. 251 of the 1st Session of the 54th Oklahoma Legislature, is amended to read as follows:

Section 1210.523  A.  Except as provided in subsections D and E of this section, beginning with students entering the ninth grade in the 2008-2009 school year, every student shall demonstrate mastery of the state academic content standards in the following subject areas in order to graduate from a public high school with a standard diploma:

1.  Algebra I;

2.  English II; and

3.  Two of the following five:

a.	Algebra II,

b.	Biology I,

c.	English III,

d.	Geometry, and

e.	United States History.

B.  To demonstrate mastery, the student shall attain at least a proficient score on the end-of-instruction criterion-referenced tests administered pursuant to Section 1210.508 of this title.

C.  Notwithstanding any other provision of law, students who do not attain at least a proficient score on any end-of-instruction test shall be provided remediation or intervention and the opportunity to retake the test until at least a proficient score is attained on the tests of Algebra I, English II and two of the tests required in paragraph 3 of subsection A of this section or an approved alternative test.  Technology center schools shall be authorized to provide intervention and remediation in Algebra I, Algebra II, Geometry, English II, English III, United States History, and Biology I to students enrolled in technology center schools, with the approval of the independent school district board.

D.  1.  Students who do not meet the requirements of subsection A of this section may graduate from a public high school with a standard diploma by demonstrating mastery of state academic content standards by alternative methods as approved by the State Board of Education.

2.  The State Board of Education shall adopt rules providing for necessary student exceptions and exemptions to the requirements of this section.  The Board shall collect data by school site and district on the number of students provided and categories of exceptions and exemptions granted.  Beginning October 1, 2012, the Board shall provide an annual report of this data to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives.

E.  1.  The State Board of Education shall adopt rules establishing an appeal process for students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of this section.  A student who has been denied a standard diploma by the school district in which the student is enrolled shall have thirty (30) days after denial of the standard diploma in which to file a petition for an appeal to the State Board of Education.  The State Board of Education shall take action on a petition for an appeal no later than forty-five (45) days after receiving the petition.

2.  The State Board of Education shall collect data by school site and school district on the number of students petitioning for an appeal and the number of appeals approved by the State Board of Education pursuant to this subsection.  Beginning October 1, 2012, the State Board of Education shall provide an annual report of this data to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives.

F.  1.  Students who have individualized education programs pursuant to the Individuals with Disabilities Education Act (IDEA) shall have an appropriate statement on the student's individualized education program requiring administration of the assessment with or without accommodations or an alternate assessment.  Any accommodations normally employed for the assessment shall be approved by the State Board of Education and be provided for in the individualized education program.  All documentation for each student shall be on file in the school prior to administration of the assessment.

2.  Students with disabilities whose individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA) indicates that the student is to be assessed with alternate achievement standards through the Oklahoma Alternate Assessment Program (OAAP) may be eligible to graduate from a public high school with a standard diploma after failing to meet the requirements of subsection A of this section upon the determination of the school district that the student meets the following criteria: 

a.	obtains a written recommendation from the student’s teacher of record in consultation with the teacher in each subject in which the student failed to meet the requirements of subsection A of this section.  The recommendation shall be supported by the principal and by documentation demonstrating the acquired knowledge of the student by alternate measures as required by the individualized education program (IEP),

b.	completes remediation opportunities to the extent required by the individualized education program (IEP),

c.	retakes the exam in each subject in which the student failed to meet the requirements of subsection A of this section if the individualized education program (IEP) requires retake opportunities,

d.	maintains at least a C average or the equivalent in each subject in which the student failed to meet the requirements of subsection A of this section, and

e.	meets all other graduation requirements of the school district in which the student is enrolled.

3.  The Oklahoma School for the Blind and the Oklahoma School for the Deaf shall be considered local education agencies solely for the purposes of purchasing, administering and obtaining test results under this section for the students attending their schools.

~~3.~~ 4.  Students identified as English language learners shall be assessed in a valid and reliable manner with the state academic assessments with acceptable accommodations as necessary or, to the extent practicable, with alternate assessments aligned to the state assessment provided by the school district in the language and form most likely to yield accurate data of the student's knowledge of the content areas.

G.  The State Board of Education shall be authorized to contract with an entity to develop and advise on the implementation of a communications campaign to build public understanding of and support for the testing requirements of this section.

SECTION 2.  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 28th day of February, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 16th day of April, 2013.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________