An Act
ENROLLED SENATE
BILL NO. 419 By: Dossett (J.J.) of the
Senate
and
Waldron of the House
An Act relating to student assessments; amending 70
O.S. 2011, Section 1210.50 8, as last amended by
Section 1, Chapter 479, O.S.L . 2019 (70 O.S. Supp.
2020, Section 1210.508), which relates to the
statewide system of student assessments; and allowing
a teacher beginning in certain school year to use
certain assessment score to calculate a student’s
final grade for certain course.
SUBJECT: Student assessments
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 1210.508, as
last amended by Section 1, Chapter 479, O.S.L. 2019 (70 O.S. Su pp.
2020, Section 1210.508), is amended to read a s follows:
Section 1210.508. A. 1. By no later than December 31, 2016,
the State Board of Education shall adopt a statewide system of
student assessments in compliance with the Elem entary and Secondary
Education Act of 1965 (ESEA), as reauthorized and amended by P.L.
No. 114-95, also known as the Every Student Succeeds Act (ESSA).
2. The statewide student assessment system adopted by the Board
pursuant to this subsection shall be al igned with the Oklahoma
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Academic Standards as adopted by the Board and which prepare
students for college and careers.
B. 1. The Board shall issue a request for proposals for the
selection of assessments to be administered t o students in grades
three through twelve as a part o f the statewide student assessment
system adopted by the Board pur suant to this section.
2. The Board shall adopt assessments from the selected
proposals that were submitted pursuant to paragraph 1 of t his
subsection. The adopted a ssessments shall be adm inistered by the
Board for a period that is in coordination with t he six-year subject
area textbook adoption cycle unless the vendor does not fulfill the
terms of the contract or fails to comply with or violates the terms
of the contract. The Board shall administer the assessments
beginning with the 2017-2018 school year.
C. The statewide student assessment system adopted by the Board
pursuant to this section shall include assessments that:
1. Are aligned with the Oklahoma subject matter standards as
adopted by the Board;
2. Provide a measure of comparability among ot her states;
3. Yield both norm-referenced scores and criterion -referenced
scores;
4. Have a track record of statistical reliability and accuracy;
and
5. For assessments administered in hi gh school, provide a
measure of future academic performance.
D. For the 2016-2017 school year, the Board shall administer
assessments in:
1. English Language Arts or Reading and Mathematics in grades
three through eight and at leas t once in high school, during the
grade span of nine through twelve;
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2. Science not less than once during each grade span of three
through five, six through nine and ten through twelve; and
3. United States History not less than once during the grade
span of nine through twelv e.
E. 1. Beginning with the 2017-2018 school year, the statewide
student assessment system shall include assessments in:
a. English Language Arts and Mathematics in grades three
through eight and at le ast once in high school, durin g
the grade span of nin e through twelve,
b. Science not less than once during each gr ade span of
three through five, six through nine and ten through
twelve, and
c. United States History, with an emphasis on civics, not
less than once during the grade span of nine through
twelve. Beginning in the 2021-2022 school year, a
school district shall not prohibit a teacher from
using the highest-achieved score on the assessment
required by this subparagraph to calculate the final
grade for the applicable social st udies, history or
citizenship skills unit taken by the student in
accordance with the provisions of Section 11 -103.6 of
this title in the school year the assessment is
administered.
2. Beginning with the 2017-2018 school year, the sta tewide
student assessment system may include :
a. assessments in Reading and Writing in certain grades
as determined by the Board, and
b. contingent upon the availability of f unds, an
additional nationally recogni zed college- and career-
readiness assessment or assessments as recommended by
the State Department of Education which will be
administered to students in high school at no cost to
the student.
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F. 1. Beginning with st udents entering the ninth grade in the
2017-2018 school year, each student shall t ake the assessment or
assessments included i n the statewide student assessment system
adopted by the Board pursuant to subsection A of this section in
order to graduate from a public high school with a standard d iploma.
All students shall take the assessm ent or assessments prior to
graduation, unless otherwise exempt by law.
2. Beginning with students entering the ninth grade in the
2017-2018 school year, each student, in ad dition to taking the
assessment or assessments included in the statewide student
assessment system adopted by the Board pursua nt to subsection A of
this section, shall meet any other high school graduation
requirements adopted by the Board pursuant to Sect ion 5 of Enrolled
House Bill No. 3218 of the 2nd Session of the 55th Oklahoma
Legislature in order to graduate from a public h igh school with a
standard diploma.
3. For students who start the ninth grade prior to or during
the 2016-2017 school year, schoo l districts shall adopt a plan that
establishes the assessment or assessments thos e students are
required to take in order to graduate from a public high school with
a standard diploma. The plan may also include any or all of the
other high school graduat ion requirements adopted by the Board
pursuant to Section 5 of Enrolled House Bill No. 3218 of the 2nd
Session of the 55th Okl ahoma Legislature that those students will be
required to meet in order to graduate from a public high school with
a standard diploma.
4. The Board shall promulgate ru les to ensure that students who
transfer into an Oklahoma school district from out-of-state after
the junior year of high school shall not be denied the opportunity
to be awarded a standard diploma due to differing tes ting
requirements.
G. In order to provide an indication of the levels of
competency attained by the student in a permanent re cord for
potential future employers and institutions of higher education,
school districts shall report on the high school transcr ipt of the
student the highest-achieved score on the assessment or assessments
included in the statewide student assessment sy stem adopted by the
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Board pursuant to subsection A of this section and any business - and
industry-recognized endorsements attained .
H. Students who do not perform at a proficiency level on
assessments shall be r emediated as established in the assessment
requirements adopted by the Board pursuant to Section 5 of Enrolled
House Bill No. 3218 of the 2nd Session of the 55th Oklahoma
Legislature, subject to the availability of funding.
I. 1. All assessments required by this section shall measure
academic competencies in correlation with the subject matter
standards adopted by the Board pursuant to Sections 11 -103.6 and 11-
103.6a of this title and referred to as the Oklahoma Academic
Standards. The State Board of Edu cation shall evaluate the subject
matter standards to ensure the competencies reflect high standards,
are specific, well-defined, measurable, challenging, and will
prepare elementary students for next -grade-level course work and
secondary students for post secondary studies at institutions of
higher education or technology center schools without the need for
remediation. All subject matter standards shall reflect the goals
as set forth in Section 11 -103.6 of this title and of improving the
state average ACT score.
2. The State Department of Educatio n shall annually evaluate
the results of the assessments. The State Board of Education shall
ensure that preliminary results for all statewide assessments are
reported to districts no later than June 20 of each year and are
presented in a manner that yiel ds detailed, diagnostic information
for the purpose of guiding instruction and student remediation. As
improvements are made to t he assessments required by this sectio n,
the Board shall seek to increase the dept h of knowledge assessed for
each subject. The State Board of Education shall seek to ensure
that data yielded from the assessments required in this section are
utilized at the school district level to inform ins truction,
professional development, school i mprovement and remediation for
students.
3. The Commission for Educational Quality and Accountability
shall determine the cut scores for the performance levels on all
statewide assessments. The Commission shall conduct an ongoing
review to compare the st atewide assessment content and performance
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descriptors with those of other states. Upon receipt of the review,
the Commission may adjust the cut scores as necessary.
4. The State Board of Education, for the pur poses of conducting
reliability and validity studies, monitoring contractor adherence to
professionally accepted testing standards, and providing
recommendations for testing program improvement, shall retain the
services of an established, independent agen cy or organization that
is nationally recogn ized for its technical expertise in educatio nal
testing but is not engaged in the development of aptitude or
achievement tests for elementary or secondary level grades. Thes e
national assessment experts shall an nually conduct studies of the
reliability and validity of the statewide assessments admi nistered
pursuant to this section. Validity studies shall include studies of
decision validity and concurrent validity.
J. 1. The State Board of Education shall prom ulgate rules
setting the assessment window d ates for each statewide assessment so
that the assessments are administered according to recommended
testing protocols, and so that the assessment results are reported
back to school districts in a timely manner. The vendor shall
provide a final electroni c data file of all school site, school
district, and state results to the State Department of Education and
the Office of Educational Quality and Accountability prior to Augu st
20 of each year. The Department sh all forward the final data files
for each school district and each school site in that d istrict to
the school district. The Board shall ensure the contract with the
vendor includes a provision that the vendor report a ssessment
results directly to the Offi ce of Educational Quality and
Accountability at the same time it is reported to the Boar d.
2. State, district, and site level results of all assessments
required in this section shall be disaggregated by gender, race,
ethnicity, disability status, migrant status, English proficiency,
and status as economically disadvantaged, except that such
disaggregation shall not be required in a case in which the number
of students in a category is insufficient to yield statistical ly
reliable information or the results would reveal personally
identifiable information about an individual student. Each sch ool
site shall notify the student’s parents of the school ’s performance
levels in the Oklahoma School Testing Program as reported in the
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Oklahoma Educational Indicators Program at the end of each school
year.
K. The State Board of Education shall be respo nsible for the
field-testing and validation of the statewide assessment system
required in subsection A of this section.
L. The State Board of Education shall develop, administer, and
incorporate as a part of th e Oklahoma School Testing Program, other
assessment programs or procedures, including appropriate
accommodations for the assessment of students with disabilities as
required by the Individuals with Disabilities E ducation Act (IDEA),
20 U.S.C., Section 1400 et seq.
M. For purposes of developing and administering alternate
assessments for students with the most significant cognitive
disabilities, the State Board of Education sh all not be subject to
subsections D and E of Section 11-103.6a of this title.
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Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ______________ _____, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __