STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2427	By:	Condit

AS INTRODUCED

An Act relating to schools; directing the State Board of Education to readopt the Academic Performance Index by a certain date; listing indicators to be included in the index; requiring data to be disaggregated; requiring certain test score to constitute certain value; directing the State Board to adopt growth targets; providing for the separate reporting of certain online students; amending 70 O.S. 2011, Section 1210.545, as last amended by Section 1, Chapter 321, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.545), which relates to the Oklahoma School Testing Program annual reports; deleting certain components for calculating school grades; deleting certain components used for granting bonus points; changing calculation of school grades to be based on the Academic Performance Index score; changing basis for the grading scale; deleting obsolete language; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-150.1 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  By January 1, 2015, the State Board of Education shall readopt the Academic Performance Index (API) which was in effect prior to July 1, 2013, and which shall be used to measure performance of schools, including the academic performance of students.  The index shall consist of a variety of indicators including, but not limited to:
1.  Attendance rates for students;
2.  Dropout rates;
3.  Results of the Oklahoma School Testing Program administered pursuant to Section 1210.508 of this title;
4.  Advanced Placement participation and scores;
5.  Graduation rates for secondary school students;
6.  Scores of the American College Test (ACT) and SAT test administered by the College Board; and
7.  College remediation rates.
B.  The data collected for the API shall be disaggregated, when available, by socioeconomic status and ethnic group.  Oklahoma School Testing Program results shall constitute no less than sixty percent (60%) of the value of the index.
C.  Based on the API, the State Board of Education shall adopt expected annual percentage growth targets for the state level, school districts, and all school sites based on their API baseline score.  The minimum percentage growth target shall be five percent (5%) annually.  However, the State Board of Education may set differential growth targets based on grade level of instruction.
D.  The academic performance of students who are enrolled full-time in an online program that is offered by a school district or charter school that is not the district of residence or is not located in the district of residence of the student shall be reported separately by the school district or charter school and shall not be included when determining the Academic Performance Index of the school district or charter school.
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 1210.545, as last amended by Section 1, Chapter 321, O.S.L. 2013 (70 O.S. Supp. 2013, Section 1210.545), is amended to read as follows:
Section 1210.545  A.  As part of the accountability system developed as provided for in Section 1210.541 of this title, the State Board of Education shall prepare annual reports of the results of the Oklahoma School Testing Program which describe student achievement in the state, each school district, and each school site.  The Board shall prescribe the design and content of the reports, which shall include, without limitation, descriptions of the performance of all schools participating in the Oklahoma School Testing Program and all of the major student populations as determined by the Board, and shall also include the median scores of all eligible students who scored at or in the lowest twenty-fifth percentile of the state in the previous school year.  The confidentiality of individual student records shall be preserved as required by law.
B.  The annual report as required pursuant to subsection A of this section shall identify school districts and school sites as having one of the following grades, defined according to rules of the State Board of Education:
1.  "A" means schools making excellent progress;
2.  "B" means schools making above average progress;
3.  "C" means schools making satisfactory progress;
4.  "D" means schools making less than satisfactory progress; and
5.  "F" means schools failing to make adequate progress.
C.  Each school that has students who are tested and included in the school grading system as provided for in this section shall receive a school grade, except as follows:
1.  A school shall not receive a school grade if the number of students tested and included in the school grading system is less than the minimum sample size necessary for statistical reliability and prevention of the unlawful release of personally identifiable student data.  The State Board of Education is directed to establish the lowest minimum sample size necessary to meet the requirements of this paragraph;
2.  A school that serves any combination of students in kindergarten through grade three which does not receive a school grade because the students are not tested and included in the school grading system shall receive the school grade designation of a feeder pattern school identified by the State Department of Education and verified by the school district.  A school feeder pattern exists if at least sixty percent (60%) of the students in the school serving a combination of students in kindergarten through grade three are scheduled to be assigned to the graded school; and
3.  The academic performance of students who are enrolled full-time in an online program that is offered by a school district or charter school that is not the district of residence or is not located in the district of residence of the student shall be reported separately by the school district or charter school and shall not be included when determining the grade of the school district or charter school.
D.  The grade of a school shall be based on a combination of:
1.  Fifty percent (50%) on whole school performance, as measured by allocating one point for each student who scores proficient or advanced on the criterion-referenced tests and end-of-instruction tests administered under Section 1210.508 of this title and alternative test scores administered to students pursuant to Section 1210.523 of this title divided by the number of students taking the tests;
2.  Twenty-five percent (25%) on whole school growth, as measured by allocating one point for each student who improves proficiency levels or improves substantially within a proficiency level on criterion-referenced tests and end-of-instruction tests administered under Section 1210.508 of this title divided by the number of students taking the tests; and
3.  Twenty-five percent (25%) on growth in the bottom quartile of students, as measured by allocating one point for each student in the bottom quartile who improves proficiency levels or improves substantially within a proficiency level on criterion-referenced tests and end-of-instruction tests administered under Section 1210.508 of this title divided by the number of students taking the tests.
E.  In addition to the components outlined in subsection D of this section, the following bonus points shall be considered in determining the grade of a school site:
1.  For schools comprised of high school grades:
a.	five points for meeting the criteria for an "A" for the high school graduation rate of the school, as defined by rules adopted by the Board,
b.	one point for meeting the criteria for an "A" for performance or participation of students in College Board Advanced Placement courses, International Baccalaureate courses, concurrent enrollment courses, Advanced International Certificate of Education courses, or the achievement of students on national industry certification, as defined by rules adopted by the Board,
c.	one point for meeting the criteria for an "A" for participation or performance in SAT tests administered by the College Board or the American College Test (ACT), as defined by rules adopted by the Board,
d.	one point for meeting the criteria for an "A" for the high school graduation rate of students who scored at limited knowledge or unsatisfactory on the eighth-grade criterion-referenced tests in reading and mathematics,
e.	as valid data becomes available, one point for the performance of students on the end-of-instruction tests administered under Section 1210.508 of this title, as defined by rules adopted by the Board, and
f.	one point for the growth or decline in the components listed in subparagraphs a through e of this paragraph from year to year, as defined by rules adopted by the Board;
2.  For schools comprised of middle school grades:
a.	two points for meeting the criteria for an "A" for the drop-out rate of the school, as defined by rules adopted by the Board,
b.	two points for meeting the criteria for an "A" for the percentage of students who are taking higher level coursework at a satisfactory or higher level, as defined by rules adopted by the Board, and
c.	six points for meeting the criteria for an "A" for attendance, as defined by rules adopted by the Board; and
3.  For schools comprised of elementary school grades, ten points for meeting the criteria for an "A" for attendance, as defined by rules adopted by the Board.
F.  Student test data used in determining school grades shall include:
1.  The aggregate scores of all eligible students enrolled in the school who have been administered the criterion-referenced tests and end-of-instruction tests administered under Section 1210.508 of this title; and
2.  For schools comprised of high school grades, the data listed in paragraph 1 of this subsection, and the following data as the State Department of Education determines the data are valid and available:
a.	the high school graduation rate of the school as calculated by the Department,
b.	the participation rate of all eligible students enrolled in the school in College Board Advanced Placement courses whether taught at a high school, a technology center school, or a regional site of the Oklahoma School of Science and Mathematics, International Baccalaureate courses, concurrent enrollment courses, Advanced International Certificate of Education courses, courses or sequence of courses leading to national industry certification identified pursuant to rules adopted by the Board, courses or sequence of courses granted cooperative college alliance credit taken at a technology center school, and science, technology, engineering and mathematics courses taken at a regional site of the Oklahoma School of Science and Mathematics,
c.	the aggregate scores of all eligible students enrolled in the school in College Board Advanced Placement courses whether taught at a high school, a technology center school, or a regional site of the Oklahoma School of Science and Mathematics, International Baccalaureate courses, and Advanced International Certificate of Education courses,
d.	earning of college credit by all eligible students enrolled in the school in concurrent enrollment programs as provided for in Section 628.13 of this title and in cooperative college alliance courses taken at a technology center school,
e.	earning of a national industry certification identified pursuant to rules adopted by the Board,
f.	the aggregate scores of all eligible students enrolled in the school in reading, mathematics, and other subjects as measured by the SAT test administered by the College Board and the ACT,
g.	the high school graduation rate of all eligible students enrolled in the school who scored at limited knowledge or unsatisfactory on the eighth-grade criterion-referenced tests in reading and mathematics,
h.	the performance of students on statewide end-of-instruction tests administered under Section 1210.508 of this title, and
i.	the growth or decline in the data components listed in subparagraphs a through h of this paragraph from year to year.
G. E.  Grades shall be calculated by combining the points earned for whole school performance, whole school growth and growth in the bottom quartile of students, measured pursuant to subsection D of this section, and any bonus points earned pursuant to subsection E of this section based on the student data as listed in subsection D of this section as calculated in the Academic Performance Index (API) scores of the school and school district as set forth in Section 1 of this act.  Grades shall be assigned based on the following scale:
1.  Ninety-seven percent (97%) to one hundred percent (100%) = A+;
2.  Ninety-three percent (93%) to ninety-six percent (96%) An API score of 1,350-1,500 = A;
3.  Ninety percent (90%) to ninety-two percent (92%) = A-;
4.  Eighty-seven percent (87%) to eighty-nine percent (89%) = B+;
5.  Eighty-three percent (83%) to eighty-six percent (86%)
2.  An API score of 1,200-1,349 = B;
6.  Eighty percent (80%) to eighty-two percent (82%) = B-;
7.  Seventy-seven percent (77%) to seventy-nine percent (79%) = C+;
8.  Seventy-three percent (73%) to seventy-six percent (76%)
3.  An API score of 1,050-1,199 = C;
9.  Seventy percent (70%) to seventy-two percent (72%) = C-;
10.  Sixty-seven percent (67%) to sixty-nine percent (69%) = D+;
11.  Sixty-three percent (63%) to sixty-six percent (66%)
4.  An API score of 900-1,049 = D; 
12.  Sixty percent (60%) to sixty-two percent (62%) = D-; and
13.  Fifty-nine percent (59%) and
5.  An API score below 899 = F.
H. F.  The annual report shall identify the performance of each school as having improved, remained the same, or declined.  This school improvement rating shall be based on a comparison of the student and school performance data of the current year to the previous year data.  Schools that improve at least one grade level are eligible for school recognition as established by the Board through the accountability system developed pursuant to Section 1210.541 of this title.
I. G.  The State Department of Education shall annually develop, in collaboration with school districts and the Office of Accountability prior to July 1, 2013, and the Office of Educational Quality and Accountability after July 1, 2013, a school site report card to be delivered to parents throughout each school district.  The report card shall include the grade for the school, information regarding school improvement, an explanation of school performance as evaluated 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, and indicators of return on investment.  The report card for each school site shall be published annually by the Department on its website, and every school district shall provide the school site report card to the parent or guardian of each student enrolled in the school site.
J. H.  The annual district report card required by subsection B of this section shall be aggregated at the student level and calculated pursuant to subsection D E of this section.
K. I.  The Legislature may factor in the performance of schools in calculating any performance-based funding policy that is provided to public school districts.
L. J.  The State Board of Education shall promulgate rules to implement the provisions of this section.
SECTION 3.  This act shall become effective July 1, 2014.
SECTION 4.  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.

54-2-8335	KB	01/07/14