ENGROSSED SENATE
BILL NO. 348	By:	Jolley, Ford, Stanislawski and Brecheen of the Senate

			and

		Denney of the House

[ school performance - requiring reports - exception - criteria for grading - parental notification - rules - codification ]

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 5-149 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  The State Department of Education shall prepare annual reports of the results of the statewide assessment program to describe student achievement in the state, each district, and each district and charter school.  The State Department of Education shall prescribe the design of these reports, which shall include descriptions of the performance of all schools participating in the assessment program and all of their major student populations as determined by the State Department of Education.  These reports must also include the median scores of all eligible students who scored at or in the lowest 25th percentile of the state in the previous school year; provided, however, that the provisions of Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g pertaining to student records and any similar state legislation apply to this section.
B.  The annual report shall identify schools and districts as having one of the following grades:
1.  “A,” schools making excellent progress;
2.  “B,” schools making above average progress;
3.  “C,” schools making satisfactory progress;
4.  “D,” schools making less than satisfactory progress;
5.  “F,” schools failing to make adequate progress.
C.  Designation of School Grades.  Each school that has students who are tested and included in the school grading system shall receive a school grade, except as follows: A school shall not receive a school grade if the number of its students tested and included in the school grading system is less than the minimum sample size necessary, based on accepted professional practice, for statistical reliability and prevention of the unlawful release of personally identifiable student data under 20 U.S.C. Section 1232g and similar state privacy laws.
D.  A school’s grade shall be based:
1.  Fifty percent (50%) on student achievement scores on the state annual accountability assessment for all students;
2.  Twenty-five percent (25%) on gains in student achievement scores for all students in reading and mathematics as measured by the state annual accountability assessments; and
3.  Twenty-five percent (25%) on gains in student achievement scores of the lowest 25th percentile of students in the school in reading and mathematics on the state annual accountability assessment;
E.  Student assessment data used in determining school grades shall include:
1.  The aggregate scores of all eligible students enrolled in the school who have been assessed on the state annual accountability assessment;
2.  The gains in student achievement scores of all eligible students enrolled in the school who have been assessed on the state annual accountability assessment and who have scored at or in the lowest 25th percentile of students in the school in reading and mathematics;
3.  The gains in student achievement scores of all eligible students;
4.  The term “eligible students” in this subparagraph does not include students attending an alternative school who are subject to district school board policies for expulsion for repeated or serious offenses, who are in dropout retrieval programs serving students who have officially been designated as dropouts, or who are in programs operated or contracted by the Office of Juvenile Affairs.
F.  The State Department of Education shall develop school awards for schools that improve at least one grade level or maintain an A school grade.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5-149.1 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  The State Department of Education shall annually develop, in collaboration with the school districts and the Office of Accountability, a single school report card to be delivered to parents throughout each school district.  The report card shall include the school’s grade, the district’s grade, information regarding school improvement, an explanation of school performance as evaluated by the federal No Child Left Behind Act of 2001, and indicators of return on investment.  The department on its website shall publish each school’s report card annually, and the school district shall provide the school report card to each parent.
B.  The Legislature may consider the performance of schools in calculating any performance-based funding policy.
C.  In any year in which eighty percent (80%) or more of the statewide aggregate of elementary, middle and/or high schools earn a grade of A or B, the Department shall raise the number of points required to earn a school grade for that level of school by five percent (5%) statewide.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 5-149.2 of Title 70, unless there is created a duplication in numbering, reads as follows:
The State Board of Education shall promulgate rules to implement the provisions of this act.
Passed the Senate the 14th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives