SB69.html

Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs under the "Quality Basic Education Act," is amended by striking in its entirety Code Section 20-2-281, relating to the assessment of the effectiveness of educational programs, and inserting in lieu thereof the following:
"20-2-281.
(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.
(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state´s performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the ~~beginning of the subsequent school year~~ end of the school year in which the assessment instrument is administered.
(c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student´s Individualized Education Program team. A student´s Individualized Education Program may serve as an alternate assessment for that student. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article.
(2) A student´s Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
~~(e)~~(d) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student´s Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
~~(f)~~(e) Under rules adopted by the State Board of Education, the Department of Education shall release the questions and answer keys to each criterion-referenced competency test administered under subsection (a) of this Code section and each end-of-course test administered under subsection ~~(e)~~ (d) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the student´s score on the instrument.
~~(g)~~(f) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000.
~~(h)~~(g) The Department of Education shall develop study guides for the criterion-referenced tests and end-of-course assessments administered pursuant to subsections (a) and ~~(e)~~ (d) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
~~(i)~~(h)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board.
(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test.
(3) Local boards of education shall have the option of allowing scores on end-of-course assessments to be counted as part of a student´s grade in the course.
~~(j)~~(i)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state´s adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.
(2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection ~~(f)~~ (e) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests.
~~(k)~~(j) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential.
~~(l)~~(k) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.
~~(m)~~(l) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system.
~~(n)~~(m) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers.
~~(o)~~(n) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students´ academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."

Said part is further amended by adding at the end thereof two new Code sections, to be designated as Code Sections 20-2-282 and 20-2-283, to read as follows:
"20-2-282.
(a) A local school system shall notify the parent or guardian of each student in kindergarten who is determined, on the basis of results of the first grade readiness instrument administered under paragraph (2) of subsection (b) of Code Section 20-2-151, to be at risk for dyslexia or other reading difficulties. A local school system shall notify the parent or guardian of each student in first or second grade who is determined, on the basis of results of criterion-referenced competency tests in reading administered under Code Section 20-2-281, to be at risk for dyslexia or other reading difficulties. The local school system shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies in those students and shall determine the form, content, and timing of that program. The Individualized Education Program team of a student who receives special education services pursuant to Code Section 20-2-152 and who does not perform satisfactorily on the first grade readiness instrument or the criterion-referenced competency tests under this Code section shall determine the manner in which the student will participate in an accelerated reading instruction program under this subsection.
(b) The local school system shall report in writing to a student´s parent or guardian the student´s results on the first grade readiness instrument or the criterion-referenced competency tests in reading. The local school system shall make a good faith effort to ensure that the notice required under this Code section is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English and in the parent or guardian´s native language.
(c) The provisions of this Code section relating to parental notification of a student´s results on the readiness instrument or competency test and implementation of an accelerated reading instruction program may be implemented only if the State Board of Education certifies that funds have been appropriated during a school year for administering the accelerated reading instruction program specified under this Code section.
(d) Each local school system shall provide the accelerated reading instruction described in subsection (a) of this Code section to students in:
(1) Kindergarten beginning with the 2003-2004 school year;
(2) Kindergarten and first grade beginning with the 2005-2006 school year; and
(3) Kindergarten and first and second grades beginning with the 2008-2009 school year.

20-2-283.
(a) Except as provided by subsection (b) or (e) of this Code section, a student may not be promoted to:
(1) The fourth grade if the student does not perform satisfactorily on the third grade criterion-referenced competency test in reading administered under Code Section 20-2-281;
(2) The sixth grade if the student does not perform satisfactorily on the fifth grade criterion-referenced competency tests in mathematics and reading administered under Code Section 20-2-281; or
(3) The ninth grade if the student does not perform satisfactorily on the eighth grade criterion-referenced competency tests in mathematics and reading administered under Code Section 20-2-281.
(b) A local school system shall provide to a student who initially fails to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section at least two additional opportunities to take the test. A local school system may administer a different assessment instrument to a student who has failed a criterion-referenced competency test specified under subsection (a) of this Code section on the previous two opportunities. Notwithstanding any other provision of this Code section, a student may be promoted if the student performs at grade level on a different assessment instrument under this subsection that is appropriate for the student´s grade level and approved by the State Board of Education.
(c) Each time a student fails to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section, the local school system in which the student attends school shall provide to the student accelerated instruction in the applicable subject area, including reading instruction for a student who fails to perform satisfactorily on a reading test. After a student fails to perform satisfactorily on a criterion-referenced competency test a second time, a grade placement committee shall be established to prescribe the accelerated instruction the local school system shall provide to the student before the student is administered the test the third time. The grade placement committee shall be composed of the principal or the principal´s designee, the student´s parent or guardian, and the teacher of the subject of a test on which the student failed to perform satisfactorily. The local school system shall notify the parent or guardian of the time and place for convening the grade placement committee and the purpose of the committee. An accelerated instruction group administered by a local school system under this Code section may not have a ratio of more than ten students for each teacher.
(d) In addition to providing accelerated instruction to a student under subsection (c) of this Code section, the local school system shall notify the student´s parent or guardian of:
(1) The student´s failure to perform satisfactorily on the criterion-referenced competency test;
(2) The accelerated instruction program to which the student is assigned; and
(3) The possibility that the student might be retained at the same grade level for the next school year.
(e) A student who, after at least three attempts, fails to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section shall be retained at the same grade level for the next school year in accordance with subsection (a) of this Code section. The student´s parent or guardian may appeal the student´s retention by submitting a request to the grade placement committee established under subsection (c) of this Code section. The local school system shall give the parent or guardian written notice of the opportunity to appeal. The grade placement committee may decide in favor of a student´s promotion only if the committee concludes, using standards adopted by the local board of education, that if promoted and given accelerated instruction, the student is likely to perform at grade level. A student may not be promoted on the basis of the grade placement committee´s decision unless that decision is unanimous. The State Board of Education by rule shall establish a timeline for making the placement determination. This subsection does not create a property interest in promotion. The decision of the grade placement committee is final and may not be appealed.
(f) A local school system shall provide to a student who, after three attempts, has failed to perform satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section accelerated instruction during the next school year as prescribed by an educational plan developed for the student by the student´s grade placement committee established under subsection (c) of this Code section. The local school system shall provide that accelerated instruction regardless of whether the student has been promoted or retained. The educational plan must be designed to enable the student to perform at the appropriate grade level by the conclusion of the school year. During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan. The local school system shall administer to the student the criterion-referenced competency test for the grade level in which the student is placed at the time the local school system regularly administers the criterion-referenced competency tests for that school year.
(g) This Code section does not preclude the retention at a grade level, in accordance with state law or local board of education policy, of a student who performs satisfactorily on a criterion-referenced competency test specified under subsection (a) of this Code section.
(h) In each instance under this Code section in which a local school system is specifically required to provide notice to a parent or guardian of a student, the local school system shall make a good faith effort to ensure that such notice is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English and the parent or guardian´s native language.
(i) The Individualized Education Program team of a student who receives special education services pursuant to Code Section 20-2-152 and who does not perform satisfactorily on an assessment instrument specified under subsection (a) of this Code section shall determine:
(1) The manner in which the student will participate in an accelerated instruction program under this Code section; and
(2) Whether the student will be promoted or retained under this Code section.
(j) A local school system shall provide students required to attend accelerated instruction programs under this Code section with transportation to those programs if the programs occur outside of regular school hours.
(k) The State Board of Education shall adopt rules as necessary to implement this Code section, including rules concerning when local school systems shall administer criterion-referenced competency tests required under this Code section.
(l) The State Board of Education shall issue a report to the General Assembly not later than December 1, 2006, that reviews the enrollment of students in accelerated instruction programs and the quality and availability of accelerated instruction programs, including accelerated instruction related teacher professional development programs.
(m) The State Board of Education shall certify, not later than July 1 of each school year or as soon as practicable thereafter, whether sufficient funds have been appropriated state wide for the purposes of this Code section. A determination by the State Board of Education is final and may not be appealed. For purposes of certification, the State Board of Education may not consider Quality Basic Education Program funds. This Code section may be implemented only if the State Board of Education certifies that sufficient funds have been appropriated during a school year for administering the accelerated instruction programs specified under this Code section.
(n) This Code section applies to the criterion-referenced competency tests administered to students in:
(1) The third grade beginning with the 2003-2004 school year;
(2) The fifth grade beginning with the 2005-2006 school year; and
(3) The eighth grade beginning with the 2008-2009 school year.
(o) Satisfactory performance on the criterion-referenced competency tests described in this Code section shall be as established by the State Board of Education.
(p) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, a local school system shall comply with the requirements of this Code section."