Current Status Introducing Body:
HouseBill Number: 3958Primary Sponsor: WrightType of Legislation: GBSubject: Assessment educational systemResiding Body: HouseCompanion Bill Number: 683Computer Document Number: CYY/15440SD.93Introduced Date: 19930414Date of Last Amendment: 19940414Last History Body: HouseLast History Date: 19940518Last History Type: Objection withdrawn by RepresentativeScope of Legislation: StatewideAll Sponsors: Wright ShissiasType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3958 House 19940518 Objection withdrawn by Haskins Representative 3958 House 19940419 Objection by Representative Anderson Haskins Moody-Lawrence Hines Kennedy Inabinett Williams Whipper 3958 House 19940414 Debate adjourned until Tuesday, April 19, 1994 3958 House 19940414 Amended 3958 House 19940413 Debate interrupted 3958 House 19940412 Debate adjourned until Wednesday, April 13, 1994 3958 House 19940407 Debate adjourned until Tuesday, April 12, 1994 3958 House 19940407 Amended 3958 House 19940406 Debate adjourned until Thursday, April 7, 1994 3958 House 19940405 Debate adjourned until Wednesday, April 6, 1994 3958 House 19940329 Debate adjourned until Tuesday, April 5, 1994 3958 House 19940301 Committee Report: Favorable 21 with amendment 3958 House 19930414 Introduced, read first time, 21 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
(Doc Name L:\council\legis\amend\GJK\20690SD.94)
(Doc Name L:\council\legis\amend\GJK\20667SD.94)
April 14, 1994
S. Printed 3/1/94--H.
Read the first time April 14, 1993.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-30-5. For purposes of Section 59-30-10, the following definitions apply:
(1) `Content standards' means a compilation of specific statements of what a student should know and be able to do relative to a particular academic area;
(2) `achievement standards' means standards that describe how well a student achieves relative to the content standards;
(3) `norm referenced test' means a test which compares an individual's test score to national sample test scores of individuals taking the same test;
(4) `continuous assessment' means ongoing documentation of a child's academic progress based on observation and measurements of that child's development in areas such as reading and math, and analyzing how well a child is progressing academically;
(5) `standardized test' means an assessment in which testing materials, instruction, and scoring procedures are the same across test settings and examiners;
(6) `measurement' means the process of obtaining a numerical description of the degree to which an individual possesses knowledge and skills;
(7) `assessment' means an analysis of student accomplishment often using a range of documentary techniques such as tests, performances, questionnaires, and observations."
SECTION 2. Section 59-30-10 of the 1976 Code is amended to read:
"Section 59-30-10. The State Board of Education, through the State Department of Education, shall develop and implement a state assessment system which shall have a dual purpose of improving student learning and providing public accountability. The system shall promote the improvement of teaching and learning by providing information regarding:
(1) student attainment of state educational achievement standards; and
(2) performance of South Carolina's students relative to that of students nationally. By school year 1998-99, the State Board shall:
(a) Establish state educational objectives in the basic skills academic content standards for kindergarten through grade twelve and establish minimum academic achievement standards of student achievement for readiness first grade preparedness and Grades 1, 2, 3, 6, 8, and 11. The term `basic skills' shall include mathematics and the communication skills of reading and writing. The minimum achievement standards for readiness first grade preparedness and Grades 1, 2, 3, 6, 8, and 11 shall be designed to reflect the level of skill mastery subject matter knowledge and analytical skills as determined by the State Board of Education, each student is expected to have attained at the various grades needs to succeed at subsequent grade levels.
(b) (1) Establish a state basic skills an early childhood assessment program system that shall include the administration to all public school students at the beginning of grade one a readiness test an assessment that will be designed to measure a student's readiness to begin the formal school curriculum level of preparation for first grade; a state model of a continuous assessment of student performance through each school year grades K-3 and criteria for districts who choose to develop their own model of continuous assessment. The results of the readiness test first grade preparedness measure shall be used to provide appropriate developmental activities in the first grade and may not be used to restrict school entry nor to restrict academic opportunities for individual students.
(2) Provide for the administration of the readiness test first grade preparedness measure at the beginning of the school year in grade one. Based on the results of the test measure, the school district shall advise the parents of any student not indicating readiness preparedness for first grade work to secure a complete physical examination for that child. Such advice by the school district shall contain information about local governmental health services that are available.
(c) (1) As a part of the basic skills state assessment program, develop or select criterion-referenced standards based tests that can measure student achievement in reading, and mathematics, science, and social studies in grades one, two, and three and six against the basic, advanced, and proficient standard standards established for each of those respective grades.
(2) Cause to be administered the tests assessment system provided for herein to all public school students at the end of grades one, two, and three and six in mathematics, English/language arts, science, and social studies. The purpose of the tests assessment system shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide academic achievement standard standards established for each respective grade.
(d) (1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading, writing and mathematics in grades six and eight against the standard established for each of those respective grades.
(2) Cause to be administered the test provided for grade six to all public school students at the end of grade six and shall cause to be administered the test provided for grade eight to all public school students at the end of grade eight. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.
(e) Develop or select, and field test, tests that will measure student achievement in the basic skills areas of reading, writing, and mathematics at the end of grade 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.
(d) Develop or select, and field test, an assessment system that will measure student achievement at basic, proficient, and advanced levels as determined by the State Board of Education, in the areas of reading, writing, and mathematics at the end of grades 8 and 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.
(f)(e) Beginning in the school year 1981-82 1996-97 and continuing through the school year 1984-85, administer the test specified in item (d) of this section to all students in grade grades eight and eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86 1997-98, the eleventh grade examination may be no longer administered and the Board shall cause to be administered an a new exit examination to all tenth grade students. Local school districts shall establish remedial academic assistance programs plans to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 2000-2001 and thereafter. Additionally, during the that school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll in a remedial an academic assistance program. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed. Until such time as the new exit exam is implemented as a condition for receipt of a state high school diploma, the current exit exam shall continue to be used as a condition for a state high school diploma. Completion of the requisite number of Carnegie units and the satisfactory achievement of the exit examination will continue to be the standard to determine a student's eligibility to graduate. Demonstrating a mastery of predetermined nonacademic outcomes shall not become a condition for progressing from one grade level to the next nor shall it be a condition for graduation. A student may not exit the school system through means of a certificate until such time as he has completed twelve grades. Adult education programs and the GED certification process are not affected.
(f) Administer a test of student academic performance which builds upon basic skills and provides nationally normative information in at least four grades until a standards-based assessment system is implemented.
(g) Use utmost care to insure that to the maximum extent feasible, within existing knowledge and technology cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.
(h) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.
(i) Provide for the security and integrity of the tests that are administered under the assessment program.
(j) Revise and update the tests administered under the assessment program as deemed appropriate by the department.
(k) Render advice and aid to school districts concerning their curricula and the assessment program.
(l) Report the results of the program annually to the Governor, the General Assembly, the school districts, and to the general public, together with any recommendations of the South Carolina Basic Skills Assessment Advisory Committee Commission created pursuant to Section 59-30-20. However, under no circumstances shall any school district that has legal standing lose its authority or autonomy by virtue of a regulation or by a failure to meet a state imposed standard except as currently specified in Section 59-18-30. Nor shall a duly appointed or elected school board lose its governing authority by virtue of a regulation or by a failure of the district under its jurisdiction to achieve a certain state imposed standard except as currently specified in Section 59-18-30.
(m) Consult with such commission the Assessment Advisory Committee hereinafter established concerning the implementation of, or major changes to, the provisions of this chapter. The committee shall identify and approve criteria and year-end assessment appropriate for testing student academic progress at the end of grades 1 and 2. Until such time as the committee identifies the criteria and assessment, the State Department of Education shall provide these tests which shall begin in school year 1994-95. The South Carolina Assessment Advisory Committee shall be composed of seventeen members which shall provide recommendations and advice to the Governor, General Assembly, and the State Board of Education on the implementation of this chapter. The State Superintendent of Education shall appoint six members, one from each congressional district, with the advice and consent of the State Board of Education. The State Superintendent's appointments shall be persons employed professionally in public education in this State other than employees of the State Department of Education and shall include at least two classroom teachers. The Governor shall appoint six lay persons at large from the State. The Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Education and Public Works Committee and the Chairman of the Senate Education Committee shall also designate a person to serve on the committee who may not be a member of the General Assembly and who shall serve at the pleasure of the appointing official. The State Board of Education chairman or his designee shall also serve on the committee. Except for their initial terms, the terms of the members shall be for three years and until their successors are appointed and qualified. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. Every consideration shall be given to ensure appropriate racial balance in appointments.
Of the initial six members appointed by the State Superintendent of Education, members from the first and fourth districts shall be appointed for terms of one year, members from the third and sixth districts shall be appointed for terms of two years, and members from the second and fifth districts shall be appointed for terms of three years. Of the initial six members appointed by the Governor, terms shall be staggered for one, two and three years to be determined by drawing lots at the first meeting of the committee. The members shall elect from among the lay members a chairman and such other officers who shall serve for terms of two years and until their successors are elected and qualified. The members of the committee shall receive the usual per diem, mileage, and subsistence as is provided by law for members of state boards, committees, and commissions to be paid from funds appropriated for the operation of the State Department of Education. The committee established by this section shall terminate June 30, 2001.
(n) Provide school districts with information concerning basic instructional programs which have been demonstrated to be effective in developing readiness skills or in the teaching of reading, writing, and mathematics, science, and social studies. The Department of Education shall encourage school districts to adopt programs that are determined to be appropriate to the needs of their students.
(o) Provide appropriate office space, staff, equipment and supplies to the Basic Skills Advisory Commission.
Establish statewide educational objectives in science for grades one through eight and establish minimum standards of student achievement for grades three, six, and eight. The State Board of Education, through the DOE, also shall develop and field-test, as part of the Basic Skills Assessment Program, criterion-referenced tests that will measure student achievement in science in grades three, six, and eight against the standards established for each of these respective grades and cause to be administered the tests provided for herein to all public school students at the ends of grades three, six, and eight. The purpose of the test is that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.
(o) Not cause or allow any agency to test or survey attitudes, values, beliefs, or sexual behaviors. This proscription does not apply when the parent or legal guardian of the student has given written consent for the student's attitudes, values, beliefs, or sexual behavior to be tested. Written permission is not needed, however, for course scheduling, career, or college counseling. Nothing in this section prohibits a counselor from discussing a student's circumstances with that student to determine the need for further counseling or for referring the student to another agency or counseling discipline. If a referral is made, it must be made as prescribed or proscribed by law. If extended counseling is to be done by school personnel, permission must be obtained from the parent or legal guardian of the student. Permission is not needed for the student who has been refereed to an outside agency. Permission is not needed for a counselor to meet with a student who has been determined to be in imminent danger or threat of harm.
Parental permission or notification is required for school personnel to work with those students in need of immediate conflict resolution or when the safety of the student is involved or a crime is thought to have been committed.
Psychological treatment at school may be administered only by individuals who have been licensed by the State to administer psychological treatment or certified by the State Department of Education as a School Psychologist. Such psychological treatment also must have the written permission of the parent or legal guardian of the student. Psychological treatment may not be done in groups of two or more without the written consent of the parent or legal guardian of the students involved.
Students may be withdrawn from self-esteem programs for religious reasons."
SECTION 3. Section 59-30-30 of the 1976 Code is amended to read:
"Section 59-30-30. All public school boards, through their local school districts, shall:
(a) Participate in the basic skills statewide assessment program established by this chapter.
(b) Adopt appropriate policies to ensure that a continuous an assessment is made of an individual student's progress in relation to the statewide minimum achievement standards of student achievement performance for kindergarten through grades 1, 2, 3, 6, 8, and 11; and adopt the state model for K - 3 continuous assessment or submit a district model for approval to the State Board of Education through the State Department of Education.
(c) Prior to the beginning of the 1979-80 1996-97 school year provide appropriate in-service training staff development for all certified personnel implementing the basic skills statewide assessment program to ensure efficient and effective methods of instruction.
(d) Use the results of the tests administered under the basic skills statewide assessment program system to help in the diagnosis of student deficiencies.
(e) Provide basic instruction academic assistance to aid the student in bringing his performance up to the statewide minimum achievement standards for a particular grade when a deficiency is indicated by the results of the tests administered under the Basic skills assessment system program or the assessment procedures.
(f) (1) Provide in writing test result information to any parent or guardian of a dependent child when the parent or guardian requests such information.
(2) Provide test information and explanations of deficiencies to a parent or guardian of a dependent child found to have deficiencies and make suggestions for appropriate assistance to be given to the dependent child by the dependent child's parent or guardian.
(g) Not release test information on a student that refers to that student by name or by other identification methods without the written permission of the parent or legal guardian or other legal adult authority or the emancipated student himself. Written permission must be granted for each request. Additionally, the permission form must state that compliance with the request is voluntary and that the information being requested may be used to decide the future placement of the person in question. This does not affect interdistrict access of student test scores."
SECTION 4. Section 59-30-50 of the 1976 Code is amended to read:
"Section 59-30-50. The following timetable applying to the State Department of Education activities shall must be completed not later than the year indicated but nothing herein is intended to prohibit an earlier development or field testing of the tests or use of the test results by school districts to meet their responsibilities under this chapter when test results are made available.
1978-79 (a) Identification of basic skills objectives.
(b) Selection of readiness test for grade one.
1979-80 (a) Test development, field testing and test revision (grades 1 through 3, 6 and 8).
(b) Administration of readiness test--all students, grade one.
1980-81 (a) Administration of tests, (first grade readiness and grades 1 through 3, 6 and 8).
(b) Development or selection and field testing of eleventh grade test.
1981-82 (a) Administration of tests (first grade readiness and grades 1 through 3, 6 and 8).
(b) Administration of eleventh grade test, collection of baseline data.
1982-83 (a) Administration of all tests.
1983-84 and subsequent years. Administration of all tests.
1994-95 (a) Adopt content and achievement standards for Mathematics, Science, English/language arts and Social Studies in Grades 3 and 6.
(b) Adopt new exit exam and new Grade 8 test linked to exit exam.
(c) Phase in K - 3 continuous assessment model.
(d) Field test a new assessment of students' preparation level for first grade; continue CSAB.
(e) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1995-96 (a) Pilot items based on achievement standards in Grades 3 and 6.
(b) Pilot new exit exam and Grade 8 test.
(c) Continue phase in of K - 3 continuous assessment model.
(d) Implement new assessment of students' preparation level for first grade.
(e) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1996-97 (a) Field test items based on achievement standards Grades 3 and 6.
(b) Field test new exit exam and Grade 8 test.
(c) Complete phase in of K - 3 continuous assessment model.
(d) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1997-98 (a) Continue field test items based on achievement standards Grades 3 and 6.
(b) Implement new exit exam and Grade 8 test.
(c) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1998-99 Implement assessments in Grades 3 and 6, 8 and exit."
SECTION 5. Section 59-30-80 of the 1976 Code is amended to read:
"Section 59-30-80. The parents or guardian of any student who does not meet the minimum academic achievement standards set for any test prescribed in this chapter shall be notified in writing by the school and such notice shall be filed in the scholastic records of the student concerned.
The scholastic records may not leave the district either physically or electronically without the expressed written consent of the parent or the legal guardian or other legal adult authority or the emancipated student. The permission request form must state the release of the records are voluntary and that the information being sent may be used for the future placement of the student. A district within South Carolina may admit a student pending receipt of the student's scholastic records. A district may send a letter upon request of another school district either within this State or outside the State to confirm the current grade level of the student."
SECTION 6. This act takes effect upon approval by the Governor.