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COMMITTEE REPORT
March 19, 2014
S. 888
Introduced by Senators Campsen, Courson, Hayes, Grooms, Peeler, L. Martin, Verdin and Turner
S. Printed 3/19/14--S.
Read the first time January 14, 2014.
To whom was referred a Bill (S. 888) to amend the Code of Laws of South Carolina, 1976, so as to enact the "Academic Standards Accountability Act"; by adding Section 59-18-355 so as to provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-490. The State Board of Education, the South Carolina Department of Education, the Education Oversight Committee, and all other agencies and political subdivisions of the State are prohibited from providing any individual student data or any data that may be used to identify individual students to the United States Department of Education, any other agency of the federal government, or any third party without permission expressly provided for by the General Assembly through a joint resolution."
SECTION 2. Article 3, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-355. (A)(1) A revision to a state content standard recommended pursuant to Section 59-18-350(A), as well as a new standard or a change in a current standard that the State Board of Education otherwise considers for approval as an accountability measure, may not be adopted and implemented without the:
(a) advice and consent of the Education Oversight Committee; and
(b) approval by a Joint Resolution of the General Assembly.
(2) General Assembly approval required by item (1)(b) does not apply to a revision recommended pursuant to Section 59-18-350(A), other approval of a new standard, and other changes to an old standard if the revision, new standard, or changed standard is developed by the State Department of Education.
(B) A revision to an assessment recommended pursuant to Section 59-18-350(A), as well as a new assessment or a change in a current assessment that the State Board of Education otherwise considers for approval as an accountability measure, may not be adopted and implemented without the advice and consent of the Education Oversight Committee.
(C) Upon initiating a change to an existing standard, including a cyclical review, the Education Oversight Committee and the Department of Education shall provide notice of their plans and intent to the General Assembly and the Governor.
(D) Nothing in this section may be interpreted to prevent the Department of Education, Board of Education, and Education Oversight Committee from considering best practices in education standards and assessments while developing its own standards and assessments."
SECTION 3. Section 59-18-310(B) of the 1976 Code is amended to read:
"(B)(1) The statewide assessment program must include the subjects of English/language arts, mathematics, science, and social studies in grades three through eight, as delineated in Section 59-18-320(B), to be first administered in 2009, an exit examination in English/language arts and mathematics to be first administered in a student's second year of high school enrollment beginning with grade nine, and end-of-course tests for gateway courses awarded units of credit in English/language arts, mathematics, science, and social studies. Student performance targets must be established following the 2009 administration. The assessment program must be used for school and school district accountability purposes beginning with the 2008-2009 school year. The publication of the annual school and school district report card may be delayed for the 2008-2009 school year until no later than February 15, 2010. A student's score on an end-of-year assessment may not be the sole criterion for placing the student on academic probation, retaining the student in his current grade, or requiring the student to attend summer school. Beginning with the graduating class of 2010, students are required to pass a high school credit course in science and a course in United States history in which end-of-course examinations are administered to receive the state high school diploma. Beginning with the graduating class of 2015, students are no longer required to meet the exit examination requirements set forth in this section and State Regulation to earn a South Carolina high school diploma.
(2) A person who is no longer enrolled in a public school and who previously failed to receive a high school diploma or was denied graduation solely for failing to meet the exit exam requirements set forth in Section 59-18-310(B) and State Regulation, may petition the local school board to determine the student's eligibility to receive a high school diploma pursuant to this chapter. The local school board will transmit diploma requests to the South Carolina Department of Education in accordance with department procedures. Petitions under this section must be submitted to the local school district by December 31, 2015. Students receiving diplomas in accordance with this section shall not be counted as graduates in the graduation rate calculations for affected schools and districts, either retroactively or in current or future calculations. On or before January 31, 2017, the South Carolina Department of Education shall report to the State Board of Education and the General Assembly, the number of diplomas granted, by school district, under the provision. The State Board of Education shall remove any conflicting requirement and promulgate conforming changes in its applicable regulations."
SECTION 4. Article 3, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-325. (A) With the approval of the State Board of Education and the Education Oversight Committee, in the 2014-2015 school year, the South Carolina Department of Education shall administer:
(1) a summative assessment and optional interim formative assessments to students in grades three through eight that assess those students in English/Language Arts and math. The summative assessment, provided by a vendor procured by the department, using emergency procurement regulations if needed, must:
(a) be a vertically-articulated, benchmarked, standards-based system of summative assessments;
(b) document student progress toward national college and career benchmarks derived from empirical research evidence and state standards;
(c) be available in paper and pencil and computer-based formats by 2015-2016; and
(d) be anchored to a national college readiness assessment already used in the State; and
(2) state-developed or adopted and approved assessments in social studies and science to all students in grades four through eight.
(B)(1) All students entering the eleventh grade for the first time in school year 2014-2015 and subsequent years, and all students entering the twelfth grade for the first time in school year 2014-2015 only, must be administered a career readiness assessment and a college readiness assessment that are provided by vendors and are procured by the department. The results of the assessments must be provided to each student, their respective schools, and to the State to:
(a) assist students, parents, teachers, and guidance counselors in developing individual graduation plan and in selecting courses aligned with each student's future ambitions;
(b) promote South Carolina's Work Ready Communities initiative; and
(c) meet federal and state accountability requirements.
(2) Students may subsequently use the results of these assessments to apply to college or to enter careers. The results must be added as part of each student's permanent record and maintained at the department for at least ten years. The purpose of the results is to provide instructional information to assist students, parents, and teachers to plan for each student's course selection. This course selection might include remediation courses, dual-enrollment courses, advanced placement courses, internships, or other options during the remaining semesters in high school.
(C) Within thirty days after providing the data to the school districts, the department shall provide to the oversight committee student performance results on assessments authorized in this section and end-of-course assessments in a format agreed upon by the department and the oversight committee. The oversight committee shall use the results of these assessments in school years 2014-2015 and 2015-2016 to report on student academic performance in each school and district pursuant to Section 59-18-900. The oversight committee may not determine ratings for schools or districts using the results of these new assessments pursuant to Section 59-18-900 until after the conclusion of the 2015-2016 school year for public reporting beginning in the fall of 2016. The oversight committee also shall develop and recommend a single accountability system that meets federal and state accountability requirements by the fall of 2016.
(D) The department shall submit a plan for approval and implementation to the oversight committee and the board to mitigate the impact that changes in assessments are projected to have on teacher evaluation systems. If such an impact can be reasonably mitigated by delaying evaluations, the department shall seek a waiver if necessary for federal approval.
(E) After school year 2014-2015 and when standards are revised, the department and the oversight committee shall approve assessments pursuant to Section 59-18-320."
SECTION 5. Section 59-18-350 of the 1976 Code, as last amended by Act 282 of 2008, is further amended to read:
"Section 59-18-350. (A) The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee and the State Board of Education for consideration. After approval by the Education Oversight Committee and the State Board of Education, the recommendations may be implemented. However, The previous content standards shall remain in effect until approval has been given by both entities the recommended revisions are adopted pursuant to Section 59-18-355. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, shall examine the standards and assessment system to determine rigor and relevancy.
(B) Beginning no later than July 1, 2018, a cyclical review shall be performed pursuant to subsection (A) for English Language Arts and Mathematics state standards not developed by the South Carolina Department of Education.
(BC) The State Department of Education annually shall convene a team of curriculum experts to analyze the results of the assessments, including performance item by item. This analysis must yield a plan for disseminating additional information about the assessment results and instruction and the information must be disseminated to districts not later than January fifteenth of the subsequent year."
SECTION 6. Section 59-18-950 of the 1976 Code is amended to read:
"Section 59-18-950. Notwithstanding another provision of law to the contrary, the Education Oversight Committee may base ratings for school districts and high schools on criteria that include graduation rates, exit examination performance, and other criteria identified by technical experts and appropriate groups of educators and workforce advocates."
SECTION 7. Section 59-48-35 of the 1976 Code is amended to read:
"Section 59-48-35. The students enrolled in the Special School of Science and Mathematics who earn a total of twenty units of credit distributed as specified in the Defined Minimum Program for South Carolina school districts, who pass the exit examination described in Section 59-30-10(f), and who meet the school's requirements for graduation are eligible to receive a state high school diploma. The board of the Special School, in its discretion, may issue its own high school diploma."
SECTION 8. Section 59-139-60 of the 1976 Code is repealed.
SECTION 9. Upon passage of this legislation, South Carolina will no longer be a governing or advisory state in the Smarter Balanced Assessment Consortium. Furthermore, the State of South Carolina may not adopt or administer the Smarter Balanced Assessment.
SECTION 10. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOHN E. COURSON C. BRADLEY HUTTO
For Majority. For Minority.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ACADEMIC STANDARDS ACCOUNTABILITY ACT"; BY ADDING SECTION 59-18-355 SO AS TO PROVIDE THAT CERTAIN RECOMMENDED REVISIONS AND OTHER CHANGES OR ADDITIONS TO A STATEWIDE CORE ACADEMIC AREA CONTENT STANDARD THAT THE STATE BOARD OF EDUCATION OTHERWISE CONSIDERS FOR APPROVAL AS AN ACCOUNTABILITY MEASURE MUST RECEIVE BOTH THE ADVICE AND CONSENT OF THE EDUCATION OVERSIGHT COMMITTEE AND THE APPROVAL OF THE GENERAL ASSEMBLY BY JOINT RESOLUTION TO BE ADOPTED AND IMPLEMENTED, EXCEPT THAT GENERAL ASSEMBLY APPROVAL IS NOT NEEDED FOR A REVISION, CHANGE, OR ADDITION DEVELOPED BY THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE THAT CERTAIN RECOMMENDED REVISIONS AND OTHER CHANGES OR ADDITIONS TO STATEWIDE ACADEMIC ASSESSMENTS THAT THE BOARD OTHERWISE CONSIDERS FOR APPROVAL AS AN ACCOUNTABILITY MEASURE MUST RECEIVE THE ADVICE AND CONSENT OF THE COMMITTEE TO BE ADOPTED AND IMPLEMENTED, TO PROVIDE THE COMMITTEE AND THE DEPARTMENT SHALL NOTIFY THE GENERAL ASSEMBLY AND THE GOVERNOR BEFORE INITIATING A CHANGE TO AN EXISTING STATEWIDE ACADEMIC CONTENT STANDARD OR STATEWIDE ACADEMIC ASSESSMENT, AND TO PROVIDE THAT THE CODE SECTION MAY NOT BE INTERPRETED TO PREVENT THE DEPARTMENT, BOARD, AND COMMITTEE FROM CONSIDERING THE BEST PRACTICES IN EDUCATION STANDARDS AND ASSESSMENTS WHILE DEVELOPING ITS OWN STANDARDS; TO AMEND SECTION 59-18-320, AS AMENDED, RELATING TO THE REQUIREMENT THAT NEW STANDARDS AND ASSESSMENTS REQUIRED TO BE DEVELOPED AND ADOPTED BY THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF EDUCATION FOR USE AS AN ACCOUNTABILITY MEASURE MUST BE DEVELOPED AND ADOPTED UPON THE ADVICE AND CONSENT OF THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO DELETE THE REQUIREMENT; AND TO AMEND SECTION 59-18-350, AS AMENDED, RELATING TO A MANDATORY CYCLICAL REVIEW OF STATE STANDARDS AND ASSESSMENTS, SO AS TO MAKE CONFORMING CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be known and may be cited as the "Academic Standards Accountability Act".
SECTION 2. Article 3, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-355. (A)(1) A revision to a state content standard recommended pursuant to Section 59-18-350(A), as well as a new standard or a change in a current standard that the State Board of Education otherwise considers for approval as an accountability measure, may not be adopted and implemented without the:
(a) advice and consent of the Education Oversight Committee; and
(b) approval by a Joint Resolution of the General Assembly.
(2) General Assembly approval required by item (1)(b) does not apply to a revision recommended pursuant to Section 59-18-350(A), other approval of a new standard, and other changes to an old standard if the revision, new standard, or changed standard is developed by the State Department of Education.
(B) A revision to an assessment recommended pursuant to Section 59-18-350(A), as well as a new assessment or a change in a current assessment that the State Board of Education otherwise considers for approval as an accountability measure, may not be adopted and implemented without the advice and consent of the Education Oversight Committee.
(C) Upon initiating a change to an existing standard, including a cyclical review, the Education Oversight Committee and the Department of Education shall provide notice of their plans and intent to the General Assembly and the Governor.
(D) Nothing in this section may be interpreted to prevent the Department of Education, Board of Education, and Education Oversight Committee from considering best practices in education standards and assessments while developing its own standards and assessments."
SECTION 3. Section 59-18-320 of the 1976 Code, as last amended by Act 282 of 2008, is further amended to read:
"Section 59-18-320. (A) After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of high school credit courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(B) After review and approval by the Education Oversight Committee, the standards based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students in grades three through eight, to include those students as required by the federal Individuals with Disabilities Education Improvement Act and by Title 1 of the Elementary and Secondary Education Act. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments. In accordance with the requirements of the federal No Child Left Behind Act, science assessments must be administered annually to all students in one elementary and one middle school grade. The State Department of Education shall develop a sampling plan to administer science and social studies assessments to all other elementary and middle school students. The plan shall provide for all students and both content areas to be assessed annually; however, individual students, except in census testing grades, are not required to take both tests. In the sampling plan, approximately half of the assessments must be administered in science and the other half in social studies in each class. To ensure that school districts maintain the high standard of accountability established in the Education Accountability Act, performance level results reported on school and district report cards must meet consistently high levels in all four core content areas. The core areas must remain consistent with the following percentage weightings established and approved by the Education Oversight Committee: in grades three through five, thirty percent each for English/language arts and math, and twenty percent each for science and social studies; and in grades six through eight, twenty-five percent each for English/language arts and math, and twenty-five percent each for science and social studies. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities.
(C) After review and approval by the Education Oversight Committee, the end of course assessments of high school credit courses will be administered to all public school students as they complete each course.
(D) Any new standards and assessments required to be developed and adopted by the State Board of Education, through the Department of Education for use as an accountability measure, must be developed and adopted upon the advice and consent of the Education Oversight Committee."
SECTION 4. Section 59-18-350(A) of the 1976 Code, as last amended by Act 282 of 2008, is further amended to read:
"(A) The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee and the State Board of Education for consideration. After approval by the Education Oversight Committee and the State Board of Education, the recommendations may be implemented. However, The previous content standards shall remain in effect until approval has been given by both entities the recommended revisions are adopted pursuant to Section 59-18-355. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, shall examine the standards and assessment system to determine rigor and relevancy."
SECTION 5. This act takes effect upon approval by the Governor.
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