Bill Text For HB3274 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 2, 2024                              |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 3274                  By: Baker and McBride of the      |
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  |                                         and                           |
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  |                                         Pugh of the Senate            |
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 9|       [ schools - statewide system of student assessments -           |
  |       cost - graduation plan - window dates - effective               |
10|       date -       emergency ]                                        |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 1210.508, is   |
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15|amended to read as follows:                                            |
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16|    Section 1210.508.  A.  1.  By no later than December 31, 2016,     |
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17|the State Board of Education shall adopt a statewide system of         |
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18|student assessments in compliance with the Elementary and Secondary    |
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19|Education Act of 1965 (ESEA), as reauthorized and amended by P.L.      |
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20|No. 114-95, also known as the Every Student Succeeds Act (ESSA).       |
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21|    2.  The statewide student assessment system adopted by the Board   |
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22|pursuant to this subsection shall be aligned with the Oklahoma         |
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23|Academic Standards as adopted by the Board and which prepare           |
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24|students for college and careers.                                      |
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 1|    B.  1.  The Board shall issue a request for proposals for the      |
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 2|selection of assessments to be administered to students in grades      |
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 3|three through twelve as a part of the statewide student assessment     |
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 4|system adopted by the Board pursuant to this section.                  |
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 5|    2.  The Board shall adopt assessments from the selected            |
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 6|proposals that were submitted pursuant to paragraph 1 of this          |
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 7|subsection.  The adopted assessments shall be administered by the      |
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 8|Board for a period that is in coordination with the six-year subject   |
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 9|area textbook adoption cycle unless the vendor does not fulfill the    |
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10|terms of the contract or fails to comply with or violates the terms    |
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11|of the contract.  The Board shall administer the assessments           |
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12|beginning with the 2017-2018 school year.                              |
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13|    C.  The statewide student assessment system adopted by the Board   |
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14|pursuant to this section shall include assessments that:               |
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15|    1.  Are aligned with the Oklahoma subject matter standards as      |
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16|adopted by the Board;                                                  |
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17|    2.  Provide a measure of comparability among other states;         |
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18|    3.  Yield both norm-referenced scores and criterion-referenced     |
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19|scores;                                                                |
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20|    4.  Have a track record of statistical reliability and accuracy;   |
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21|and                                                                    |
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22|    5.  For assessments administered in high school, provide a         |
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23|measure of future academic performance.                                |
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 1|    D.  For the 2016-2017 school year, the Board shall administer      |
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 2|assessments in:                                                        |
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 3|    1.  English Language Arts or Reading and Mathematics in grades     |
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 4|three through eight and at least once in high school, during the       |
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 5|grade span of nine through twelve;                                     |
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 6|    2.  Science not less than once during each grade span of three     |
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 7|through five, six through nine and ten through twelve; and             |
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 8|    3.  United States History not less than once during the grade      |
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 9|span of nine through twelve.                                           |
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10|    E.  1.  Beginning with the 2017-2018 school year, the statewide    |
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11|student assessment system shall include assessments in:                |
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12|         a.    English Language Arts and Mathematics in grades three   |
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13|              through eight and at least once in high school, during   |
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14|              the grade span of nine through twelve,                   |
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15|         b.    Science not less than once during each grade span of    |
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16|              three through five, six through nine and ten through     |
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17|              twelve, and                                              |
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18|         c.    United States History, with an emphasis on civics,      |
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19|              not less than once during the grade span of nine         |
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20|              through twelve.                                          |
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21|    2.  Beginning with the 2017-2018 school year, the statewide        |
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22|student assessment system may include:                                 |
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23|         a.    assessments in Reading and Writing in certain grades    |
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24|              as determined by the Board, and                          |
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 1|         b.    contingent upon the availability of funds, an           |
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 2|              additional nationally recognized college- and            |
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 3|              career-readiness assessment or assessments as            |
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 4|              recommended by the State Department of Education which   |
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 5|              will be administered to students in high school at no    |
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 6|              cost to the student.                                     |
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 7|    3.   a.    Beginning with the 2024-2025 school year, the           |
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 8|              statewide student assessment system may include:         |
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 9|              (1)   a retest of the nationally recognized college-     |
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10|                   and career-readiness assessment administered        |
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11|                   pursuant to subparagraph b of paragraph 2 of this   |
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12|                   subsection,                                         |
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13|              (2)   administration of nationally recognized,           |
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14|                   portable career-readiness assessments that lead     |
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15|                   to a National Career Readiness Certificate, or      |
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16|              (3)   administration of the Armed Services Vocational    |
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17|                   Aptitude Battery (ASVAB) to students in grades      |
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18|                   ten through twelve as provided for in Section       |
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19|                   1210.508-5 of this title.                           |
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20|         b.    Except as provided for in division 3 of subparagraph    |
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21|              a of this paragraph, assessments described in this       |
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22|              paragraph shall be available for students in the fall    |
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23|              semester of their twelfth-grade year and shall be        |
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24|              administered at no cost to the students.                 |
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 1|    F.  1.  Beginning with students entering the ninth grade in the    |
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 2|2017-2018 school year, each student shall take the assessment or       |
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 3|assessments included in the statewide student assessment system        |
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 4|adopted by the Board pursuant to subsection A of this section in       |
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 5|order to graduate from a public high school with a standard diploma.   |
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 6| All students shall take the assessment or assessments prior to        |
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 7|graduation, unless otherwise exempt by law.                            |
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 8|    2.  Beginning with students entering the ninth grade in the        |
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 9|2017-2018 school year, each student, in addition to taking the         |
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10|assessment or assessments included in the statewide student            |
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11|assessment system adopted by the Board pursuant to subsection A of     |
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12|this section, shall meet any other high school graduation              |
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13|requirements adopted by the Board pursuant to Section 5 of Enrolled    |
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14|House Bill No. 3218 of the 2nd Session of the 55th Oklahoma            |
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15|Legislature in order to graduate from a public high school with a      |
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16|standard diploma.                                                      |
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17|    3.  For students who start the ninth grade prior to or during      |
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18|the 2016-2017 school year, school districts shall adopt a plan that    |
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19|establishes the assessment or assessments those students are           |
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20|required to take in order to graduate from a public high school with   |
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21|a standard diploma.  The plan may also include any or all of the       |
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22|other high school graduation requirements adopted by the Board         |
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23|pursuant to Section 5 of Enrolled House Bill No. 3218 of the 2nd       |
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24|Session of the 55th Oklahoma Legislature that those students will be   |
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 1|required to meet in order to graduate from a public high school with   |
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 2|a standard diploma.  A student who has taken a nationally recognized   |
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 3|college- and career-readiness assessment administered pursuant to      |
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 4|subparagraph b of paragraph 2 of subsection E of this section prior    |
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 5|to the assessment window dates adopted pursuant to subsection J of     |
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 6|this section shall be exempt from taking the assessment during the     |
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 7|dates established in subsection J of this section if the student's     |
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 8|assessment score information is provided to his or her school          |
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 9|district for the purposes of calculating the annual report required    |
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10|by Section 1210.545 of this title.                                     |
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11|    4.  The Board shall promulgate rules to ensure that students who   |
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12|transfer into an Oklahoma school district from out-of-state after      |
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13|the junior year of high school shall not be denied the opportunity     |
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14|to be awarded a standard diploma due to differing testing              |
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15|requirements.                                                          |
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16|    G.  In order to provide an indication of the levels of             |
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17|competency attained by the student in a permanent record for           |
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18|potential future employers and institutions of higher education,       |
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19|school districts shall report on the high school transcript of the     |
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20|student the highest-achieved score on the assessment or assessments    |
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21|included in the statewide student assessment system adopted by the     |
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22|Board pursuant to subsection A of this section and any business- and   |
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23|industry-recognized endorsements attained.                             |
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 1|    H.  Students who do not perform at a proficiency level on          |
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 2|assessments shall be remediated as established in the assessment       |
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 3|requirements adopted by the Board pursuant to Section 5 of Enrolled    |
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 4|House Bill No. 3218 of the 2nd Session of the 55th Oklahoma            |
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 5|Legislature, subject to the availability of funding.                   |
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 6|    I.  1.  All assessments required by this section shall measure     |
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 7|academic competencies in correlation with the subject matter           |
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 8|standards adopted by the Board pursuant to Sections 11-103.6 and       |
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 9|11-103.6a of this title and referred to as the Oklahoma Academic       |
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10|Standards.  The State Board of Education shall evaluate the subject    |
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11|matter standards to ensure the competencies reflect high standards,    |
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12|are specific, well-defined, measurable, challenging, and will          |
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13|prepare elementary students for next-grade-level course work and       |
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14|secondary students for postsecondary studies at institutions of        |
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15|higher education or technology center schools without the need for     |
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16|remediation.  All subject matter standards shall reflect the goals     |
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17|as set forth in Section 11-103.6 of this title and of improving the    |
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18|state average ACT score.                                               |
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19|    2.  The State Department of Education shall annually evaluate      |
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20|the results of the assessments.  The State Board of Education shall    |
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21|ensure that preliminary results for all statewide assessments are      |
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22|reported to districts no later than June 20 of each year and are       |
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23|presented in a manner that yields detailed, diagnostic information     |
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24|for the purpose of guiding instruction and student remediation.  As    |
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 1|improvements are made to the assessments required by this section,     |
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 2|the Board shall seek to increase the depth of knowledge assessed for   |
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 3|each subject.  The State Board of Education shall seek to ensure       |
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 4|that data yielded from the assessments required in this section are    |
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 5|utilized at the school district level to inform instruction,           |
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 6|professional development, school improvement and remediation for       |
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 7|students.                                                              |
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 8|    3.  The Commission for Educational Quality and Accountability      |
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 9|shall determine the cut scores for the performance levels on all       |
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10|statewide assessments.  The Commission shall conduct an ongoing        |
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11|review to compare the statewide assessment content and performance     |
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12|descriptors with those of other states.  Upon receipt of the review,   |
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13|the Commission may adjust the cut scores as necessary.                 |
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14|    4.  The State Board of Education, for the purposes of conducting   |
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15|reliability and validity studies, monitoring contractor adherence to   |
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16|professionally accepted testing standards, and providing               |
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17|recommendations for testing program improvement, shall retain the      |
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18|services of an established, independent agency or organization that    |
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19|is nationally recognized for its technical expertise in educational    |
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20|testing but is not engaged in the development of aptitude or           |
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21|achievement tests for elementary or secondary level grades.  These     |
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22|national assessment experts shall annually conduct studies of the      |
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23|reliability and validity of the statewide assessments administered     |
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 1|pursuant to this section.  Validity studies shall include studies of   |
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 2|decision validity and concurrent validity.                             |
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 3|    J.  1.  The State Board of Education shall promulgate rules        |
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 4|setting the assessment window dates for each statewide assessment so   |
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 5|that the assessments are administered according to recommended         |
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 6|testing protocols, and so that the assessment results are reported     |
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 7|back to school districts in a timely manner.  The vendor shall         |
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 8|provide a final electronic data file of all school site, school        |
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 9|district, and state results to the State Department of Education and   |
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10|the Office of Educational Quality and Accountability prior to August   |
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11|20 of each year.  The Department shall forward the final data files    |
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12|for each school district and each school site in that district to      |
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13|the school district.  The Board shall ensure the contract with the     |
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14|vendor includes a provision that the vendor report assessment          |
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15|results directly to the Office of Educational Quality and              |
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16|Accountability at the same time it is reported to the Board.           |
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17|    2.  State, district, and site level results of all assessments     |
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18|required in this section shall be disaggregated by gender, race,       |
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19|ethnicity, disability status, migrant status, English proficiency,     |
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20|and status as economically disadvantaged, except that such             |
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21|disaggregation shall not be required in a case in which the number     |
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22|of students in a category is insufficient to yield statistically       |
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23|reliable information or the results would reveal personally            |
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24|identifiable information about an individual student.  Each school     |
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 1|site shall notify the student's parents of the school's performance    |
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 2|levels in the Oklahoma School Testing Program as reported in the       |
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 3|Oklahoma Educational Indicators Program at the end of each school      |
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 4|year.                                                                  |
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 5|    K.  The State Board of Education shall be responsible for the      |
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 6|field-testing and validation of the statewide assessment system        |
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 7|required in subsection A of this section.                              |
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 8|    L.  The State Board of Education shall develop, administer, and    |
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 9|incorporate as a part of the Oklahoma School Testing Program, other    |
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10|assessment programs or procedures, including appropriate               |
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11|accommodations for the assessment of students with disabilities as     |
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12|required by the Individuals with Disabilities Education Act (IDEA),    |
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13|20 U.S.C., Section 1400 et seq.                                        |
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14|    M.  For purposes of developing and administering alternate         |
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15|assessments for students with the most significant cognitive           |
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16|disabilities, the State Board of Education shall not be subject to     |
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17|subsections D and E of Section 11-103.6a of this title.                |
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18|    SECTION 2.  This act shall become effective July 1, 2024.          |
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19|    SECTION 3.  It being immediately necessary for the preservation    |
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20|of the public peace, health, or safety, an emergency is hereby         |
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21|declared to exist, by reason whereof this act shall take effect and    |
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22|be in full force from and after its passage and approval.              |
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23|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 2, 2024 - DO PASS AS AMENDED BY CS                               |
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