This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.
Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].
| State |
Status/Date |
Level |
Summary |
|
 LA | Adopted 09/2012 | P-12 | Provides that where retests on an assessment required for accountability are available, LEAs may request that School Performance Score (SPS) calculations include retest results through a waiver request to the state board for accountability purposes. In such waiver request, requires the LEA to demonstrate that it financed retests for all affected students and that it took corrective action as necessary to prevent a recurrence of the irregularity, including specific measures regarding any employee found to have willfully caused the irregularity. Page 61 of 153: http://www.doa.louisiana.gov/osr/reg/1209/1209.pdf
Title: LAC 28:CXI.312
Source: www.doa.louisiana.gov
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| GA | Signed into law 04/2012 | P-12 | Provides for the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores falsified or known or caused to be falsified by such teacher or professional. http://www.legis.ga.gov/Legislation/20112012/126996.pdf
Title: H.B. 692
Source: www.legis.ga.gov
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| FL | Signed into law 05/2009 | P-12
Postsec. | Provides an exemption from public records requirements for personally identifiable information of any personnel of any school district or postsecondary educational institution, or any specific allegations of misconduct obtained or reported in connection with an investigation of a testing impropriety conducted by the Department of Education; provides that the exemption applies until the investigation is concluded or becomes inactive; provides for future legislative review and repeal of the exemption under the Open Government Sunset Review Act.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0895er.xml&DocumentType=Bill&BillNumber=0895&Session=2009
Title: H.B. 895
Source: http://www.myfloridahouse.gov
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| KY | Signed into law 03/2009 | P-12 | Repeals language referring to the Commonwealth Accountability Testing System (CATS). Directs the state board, using the revised content standards to be approved by December 15, 2010, to implement an annual statewide assessment system for implementation in the 2011-12 school year. Requires the board, in developing the assessment system, to also seek the advice of the Education Assessment and Accountability Review Subcommittee within the Legislative Research Commission. Calls for the implementation of:
(1) Grades 3-8 criterion-referenced assessments in reading and math, augmented with a customized or commercially available norm-referenced test to provide national profiles
(2) Criterion-referenced assessments in science and social studies, to be administered once each in the elementary and middle grades, augmented with a customized or commercially available norm-referenced test to provide national profiles
(3) An on-demand writing assessment to be administered once in the elementary grades, twice in the middle grades, and twice in the high school grades
(4) An editing and mechanics test for writing, using multiple choice and constructed response items, to be administered once each in the elementary and middle grades, and twice in the high school grades
(5) A grade 8 high school readiness exam in English, reading, math and science; except the readiness assessment may be administered in grade 9 if the state board determines moving the test would be in students' best interest
(6) A criterion-referenced test in math, reading and science administered once during high school grades, that measures the depth and breadth of the academic content standards that are not covered in the ACT administered to all juniors
(7) A criterion-referenced social studies test administered once during high school grades, augmented with a customized or commercially available norm-referenced test to provide national profiles
(8) A grade 10 college-readiness test in English, reading, math and science
(9) The ACT, testing English, reading, math and science, administered in grade 11.
Adds that student scores on the grade 8 high school readiness or grade 10 college-readiness test indicate advanced work is required in English, reading or math must have intervention strategies for accelerated learning incorporated into his or her learning plan.
Provides the criterion-referenced assessments must have constructed response and multiple choice items, and that the nationally normed assessments must be multiple-choice. Permits the state board to adopt end-of-course exams in lieu of criterion-referenced tests. Provides that assessment results must be used to determine appropriate instructional modifications to allow all students to make continuous progress, including students who are advanced learners. Requires the state board to conduct periodic alignment studies that compare the norm-referenced tests with the breadth and depth of the standards. Authorizes the state board, based on the findings of these studies, to decrease the number of criterion-referenced items.
Beginning in the 2011-12 school year, requires all districts to administer the statewide assessments during the last 14 days of school. Provides testing may take no more than five days. Directs the state board to adopt regulations on the procedures to be used during the testing process to ensure test security, including procedures for testing makeup days. Requires the state board, in revising the assessment system for implementation in 2011-12, to ensure that a technically sound longitudinal comparison of the assessment results for the same students be made available.
New KRS 158.6453(1)(e) defines formative assessment as a process used by teachers and students during instruction to adjust ongoing teaching and learning to improve students' achievement of intended instructional outcomes. Specifies formative assessments may be commercial assessments, classroom observations, teacher-designed classroom tests and assessments, and other processes and assignments to gain information about individual student learning.
Provides the assessment program may include formative and summative (i.e., semester- or year-end) assessments that:
(1) Measure student achievement in language, reading, English, mathematics, science and social studies
(2) Provide diagnostic information identifying individual students' strengths and academic deficiencies in the content areas
(3) Provide comparisons with national norms for math, reading, social studies, and science, and where available, comparisons to other states
(4) Provide teachers with information that can enable them to improve instruction for current and future students
(5) Provide longitudinal profiles for students
(6) Ensure school and district accountability for meeting state education goals.
Beginning with the 2011-12 school year, requires every school serving primary-level students to use developmentally appropriate diagnostic assessments and prompts to measure readiness in reading and mathematics. Provides the results must be used to inform teachers and parents of each student's skill level.
Adds that one use of Commonwealth school improvement grant funds may be to help teachers and administrators make better use of formative and summative, performance-based assessments.
Requires the assessment program to include state and local program reviews and audits in selected content areas. Provides that state and local program reviews and audits must provide schools with annual feedback on selected programs and serve as indicators of the quality of students' educational experiences. Requires program reviews and audits to provide recommendations for improving teaching and assessment, and to ensure school and district accountability for student achievement. Beginning in the 2011-12 school year, the state assessment program must include program reviews and program audits for arts and humanities, practical living skills and career studies, and the writing programs, the results of which to be included in the state accountability system.
Directs the department of eductation to provide guidelines for (1) arts and humanities programs, (2) practical living skills and career studies, and (3) effective writing programs, and for the integration of the arts and humanities and practical living skills and career studies guidelines into every school's curriculum. Also requires (1) practical living skills and career studies and (2) effective writing program guidelines to be integrated into the curriculum of all teacher preparation programs. Directs the department of education to establish (1) arts and humanities program, (2) practical living skills and career studies and (3) effective writing program criteria for use in program review and audit processes, along with the procedures recommended for local district and department program reviews and program audits. Requires the department to distribute the criteria and procedures for program reviews and audits to all schools and teacher preparation programs. Directs every district to conduct an annual program review, and the department of education to review every school's programs in these three areas within a two-year period. Requires every school-based decision making council to analyze its school's program review findings and determine how it will address program recommendations to improve the program for students. Requires the department to ensure that all schools and districts understand how the program review and audit results will be included in the accountability system, and to provide assistance to improve the quality of such programs.
Specifies that the writing program must incorporate a variety of language resources, technological tools and multiple opportunities for students to develop complex communication skills for a variety of purposes. Provides that writing portfolios must be part of any K-12 writing program, must be part of the required criteria for the writing program review and audit process, and must be maintained for each student, following the student from grade to grade and to any school the student may enroll in.
Requires the state board to adopt rules that prohibit inappropriate test preparation activities by district employees charged with test administration and oversight, including the issue of teachers being required to do test practice in lieu of regular classroom instruction and test practice outside the normal work day. Provides the revisions must include disciplinary sanctions that may be taken toward a school or individuals.
Amends KRS 158.816 to replace CATS with reference to revised assessment system (in provision requiring annual analysis of and report on achievement of technical education students who have completed or are enrolled in an at least 3-credit sequence of a technical program.
Pages 6-23 [Section 2(3)], 31-32 [Section 6], 40-42 [Section 9], and 44-45 [Section 11] of 76: http://www.lrc.ky.gov/record/09RS/SB1/bill.doc
Title: S.B. 1 Section 2(3), 6, 9 and 11
Source: www.lrc.ky.gov
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| NV | Signed into law 06/2007 | P-12 | Establishes an Advisory Council on Parental Involvement and prescribes the membership and duties of the council. State accountability law requires that support teams must be established for each public school that is designated as demonstrating need for improvement for 3 consecutive years or more. Requires each support team to review certain information pertaining to the school and revise the school's plan to improve accordingly. Authorizes a teacher in an elementary school to provide to each parent and legal guardian of a pupil enrolled in the school a report containing certain information about the pupil and the involvement of the parent or legal guardian in the education of his child. Requires principals of schools designated as demonstrating need for improvement for 3 consecutive years or more to provide aggregate information concerning the educational involvement accords to the support team established for the school. Requires provision of the code of honor relating to cheating to the pupil as well as his parent or legal guardian for their signature on that document.
http://www.leg.state.nv.us/74th/Bills/SB/SB143_EN.pdf
Title: S.B. 143
Source: http://www.leg.state.nv.us
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| AR | Signed into law 04/2007 | P-12 | Section 11 concerns sanctions to be imposed for violation of security or confidentiality on a state-mandated assessment by school district personnel.
Section 23 concerns the revocation of certification for teachers violating the security or confidentiality on a state-mandated assessment.
Section 24 concerns the sanction for superintendents for falsified information on state-mandated assessments. (Act No. 1573)
http://www.arkleg.state.ar.us/ftproot/bills/2007/public/SB274.pdf
Title: S.B. 274 (Cheating)
Source: http://www.arkleg.state.ar.us
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| SD | Signed into law 02/2007 | P-12 | Establishes process for following up on allegations of certified personnel and teachers for compromising the integrity of a state-required academic achievement test. Allows the suspension or revocation of the certificate of any certified staff person who knowingly compromises the integrity of a state-required academic achievement test provided to students.
http://www.legis.state.sd.us/sessions/2007/bills/HB1033enr.pdf
Title: H.B. 1033
Source: http://www.legis.state.sd.us
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| CA | Signed into law 08/2006 | P-12 | Requires a school district's education technology plan to include a component to educate pupils and teachers on the appropriate and ethical use of information technology, in the classroom, Internet security, avoiding plagiarism, the concept, purpose, and significance of a copyright for pupils, and implications of illegal peer-to-peer network file sharing. Exempts a district that has a certain plan from compliance with this requirement until the plan expires or is replaced, then the district is subject.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0301-0350/ab_307_bill_20060823_enrolled.pdf
Title: A.B. 307
Source: California Legislature
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| VA | Signed into law 03/2006 | P-12 | Authorizes the Board of Education to initiate a review of any alleged violation of its regulations by a local school board or local school board employee responsible for the distribution or administration of tests. The bill also allows the Board to recover the reasonable costs of any review or investigation conducted because of violations of test security from any person who violates test security procedures.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0095
Title: H.B. 348
Source: http://leg1.state.va.us
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| VA | Signed into law 02/2006 | P-12 | Authorizes the Board of Education to initiate a review of any alleged violation of its regulations by a local school board or local school board employee responsible for implementing the regulations of the Board, including the distribution or administration of tests. The bill also allows the Board to recover the costs of any investigation conducted because of violations of test security from any person who violates test security procedures. Any person who violates the provisions of this bill may be assessed a civil penalty not to exceed $1,000 for each violation.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0025
Title: S.B. 39
Source: http://leg1.state.va.us/
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| NV | Signed into law 06/2005 | P-12 | Establishes a monitoring system for the statewide system of accountability; revises various provisions governing the statewide system of accountability; requires the Department of Education to prescribe an educational involvement accord for use in all public schools which includes a description of how the parent or legal guardian will be involved in the education of the pupil; requires the Department of Education to prescribe a code of honor relating to cheating.
http://leg.state.nv.us/73rd/bills/SB/SB214_EN.pdf
Title: S.B. 214
Source: StateNet
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| MI | Signed into law 12/2002 | P-12 | Requires the department of treasury or any other state agency which suspects irregularities in the administration of or the preparation of pupils for, a Michigan Education Assessment Program test, not to report the irregularities to any person or entity not involved in the scoring or administration of the test before notifying the school district or public school academy of the suspected irregularities and allowing a timeframe for response. http://www.michiganlegislature.org/documents/2001-2002/publicact/pdf/2002-PA-0640.pdf
Title: H.B. 5049
Source: StateNet
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| LA | Signed into law 05/2001 | P-12 | Requires each city, parish and other local public school board to adopt a policy establishing uniform procedures for the investigation of employees accused of irregularities or improprieties in the administration of standardized tests.
Title: H.B. 482
Source: Lexis-Nexis/StateNet
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| NH | Signed into law 05/2001 | P-12
Postsec. | Creates the class A misdemeanor of false academic documentation.
Title: S.B. 44
Source: Lexis-Nexis/StateNet
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| VA | Signed into law 03/2000 | P-12 | Authorizes the Board of Education to suspend or revoke the teaching or administrative license of any person who knowingly and willfully commits specified acts regarding secure mandatory tests administered to students required by the Code of Virginia or by the Board of Education.
Title: H.B. 867
Source: Lexis-Nexis/StateNet
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| VA | Signed into law 03/2000 | P-12 | Permits the Office of the Attorney General, on behalf of the Board of Education to bring a cause of action for injunctive relief or civil penalty, or both, against any person who knowingly and willfully commits specified acts regarding secure mandatory tests administered to students required by the specified code or by the Board of Education; provides for civil penalties of specified amounts; suspends or revokes license of persons who knowingly commit specific acts.
Title: S.B. 548
Source: Lexis-Nexis/StateNet
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