STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1339	By:	Paddack

AS INTRODUCED

An Act relating to schools; amending Section 6, Chapter 432, O.S.L. 2005, as last amended by Section 11, Chapter 456, O.S.L. 2009 (70 O.S. Supp. 2009, Section 1210.523), which relates to mastery of the state academic content standards; providing for approval of alternative tests by State Board of Education; authorizing students to substitute alternative test after first unsuccessful attempt on certain test; specifying certain examinations as alternative tests; directing State Board of Education to review and approve certain examinations; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 6, Chapter 432, O.S.L. 2005, as last amended by Section 11, Chapter 456, O.S.L. 2009 (70 O.S. Supp. 2009, Section 1210.523), 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.  1.  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 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 approved by the State Board of Education.  Students may substitute an alternative test after the first unsuccessful attempt to attain at least a satisfactory score on an end-of-instruction test.
2.  Alternative tests for the tests required in paragraph 3 of subsection A of this section shall include the examinations recommended without reservation by the Southern Regional Education Board in their review of career and technology education state and national tests that may serve as alternatives, provided the test is a state and/or national business- and industry-recognized test that results in a business- and industry-endorsed recognized credential.  The State Board of Education shall review and approve other new and existing career and technology examinations that meet criteria determined by the State Board.
3.  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 State Senate and Speaker of the House of Representatives.
E.  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 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.
F.  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.  This act shall become effective November 1, 2010.

52-2-2650	KM	12/30/2009 12:21:30 PM