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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 3274 By: Baker and McBride of the
House
and
Pugh of the Senate
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O. S. 2021,
Section 1210.508, which relates to the statewide
system of student assessments; allowing the system to
include certain retest, administration of certain
career-readiness assessment, and administration of
certain armed services assessment for certa in
students; requiring assessments to be administered at
no cost to students; removing language regarding
adoption of certain graduation plan for certain
students; exempting a student who has taken certain
assessment prior to certain window dates from taki ng
certain assessment during certain window dates;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.508, is
amended to read as follows:
Section 1210.508. A. 1. By no later than December 31, 2016,
the State Board of Edu cation shall adopt a statewide system of
student assessments in compliance with the Elementary and Secondary
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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 aligned with the Oklahoma
Academic Standards as adopted by the Board and which prepare
students for college and careers.
B. 1. The Board shall issue a request for propo sals for the
selection of assessments to be administered to students in grades
three through twelve as a part of the statewide student assessm ent
system adopted by the Board pursuant to this section.
2. The Board shall adopt assessments from the selected
proposals that were submitted pursuant to paragraph 1 of this
subsection. The adopted assessments shall be administered by the
Board for a period that is in coordination with the six -year subject
area textbook adoption cycle unless the vendor does not ful fill 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 other states;
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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 high 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 least once in high school, during the
grade span of nine t hrough twelve;
2. Science not less than once during each grade span of three
through five, six through nine and t en through twelve; and
3. United States History not less than once during the grade
span of nine through twelve.
E. 1. Beginning with the 2 017-2018 school year, the statewide
student assessment system shall include assessments in:
a. English Language Arts and Mathematics in grades three
through eight and at least once in high school, during
the grade span of nine through twelve,
b. Science not less than once during each grade span of
three through five, six through nine and ten through
twelve, and
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c. United States History, with an emphasis on civics, not
less than once during the grade span of nine through
twelve.
2. Beginning with the 2017 -2018 school year, the statewide
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 funds, an
additional nationally recognized college - and career-
readiness assessment or assessments as rec ommended by
the State Department of Education which will be
administered to students in high school at no cost to
the student.
3. a. Beginning with the 2024 -2025 school year, the
statewide student assessment sy stem may include:
(1) a retest of the nationally recognized college -
and career-readiness assessment administered
pursuant to subparagraph b of paragraph 2 of this
subsection,
(2) administration of nationally recognized, portable
career-readiness assessments that lead to a
National Career Readiness Ce rtificate, or
(3) administration of the Armed Services Vocational
Aptitude Battery (ASVAB) to students in grades
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ten through twelve as provided for in Section
1210.508-5 of this title.
b. Except as provided for in division 3 of subparagraph a
of this paragraph, assessments described in this
paragraph shall be available for students in the fall
semester of their twelfth -grade year and shall be
administered at no cost to the students.
F. 1. Beginning with studen ts entering the ninth grade in the
2017-2018 school year, each student shall take the assessment or
assessments included in the statewide student assessment system
adopted by the Board pursuant to subsection A of this section in
order to graduate from a pu blic high school with a standard diploma.
All students shall take the assessment 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 additi on to taking the
assessment or assessments inc luded in the statewide student
assessment system adopted by the Boar d pursuant to subsection A of
this section, shall meet any other high school graduation
requirements adopted by the Board pursuant to Section 5 of Enrolled
House Bill No. 3218 of the 2nd Session of the 55th Oklahoma
Legislature in order to graduate from a public high school with a
standard diploma.
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3. For students who start the ninth grade prior to or during
the 2016-2017 school year, school di stricts shall adopt a plan that
establishes the assessment or assessments those students are
required to take in o rder to graduate from a public high school with
a standard diploma. The plan may also include any or all of the
other high school graduation requirements adopted by the Board
pursuant to Section 5 of Enrolled House Bill No. 3218 of the 2nd
Session of the 55th Oklahoma Legislature that those students will be
required to meet in order to graduate from a public high school with
a standard diploma. A student who has taken a nationally recogni zed
college- and career-readiness assessment administered pursuant t o
subparagraph b of paragraph 2 of subsection E of this section prior
to the assessment window dates adopted pursuant to subsection J of
this section shall be exempt from taking the assessment during the
dates established in subsection J of this section if the student ’s
assessment score information is provided to his or her school
district for the purposes of calculating the annual report requir ed
by Section 1210.545 of this title.
4. The Board shall promulgate rules 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 stan dard diploma due to differing testing
requirements.
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G. In order to provide an indication of the levels of
competency attained by the student in a permanent record for
potential future employers and institutions of higher education,
school districts shall report on the high school transcript of the
student the highest-achieved score on the assessment or assessments
included in the statewide student assessment system adopted by the
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 remediated 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 require d by this section shall measure
academic competencies in correlation with the subject matter
standards adopted by the Board pursuant to Sectio ns 11-103.6 and 11-
103.6a of this title and referred to as the Oklahoma Academic
Standards. The State Board of Education shall evaluate the subject
matter standards to ensure the competencies reflect high standards,
are specific, well-defined, measurable, challenging, and will
prepare elementary stud ents for next-grade-level course work and
secondary students for pos tsecondary studies at institutions of
higher education or technology center schools without the need for
remediation. All subject matter stan dards shall reflect the goals
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as set forth in Section 11 -103.6 of this title and of improving the
state average ACT score.
2. The State Department of Education 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 yields detailed, diagnostic information
for the purpose of guiding instruction and student remediatio n. As
improvements are made to the assessments required by this section,
the Board shall seek to increase the depth 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 dis trict level to inform instruction,
professional development, school improvement 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 statewide assessment content and performance
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 purposes of conducting
reliability and validit y studies, monitoring contractor adherence to
professionally accepted testing standards, and providing
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recommendations for testing program imp rovement, shall retain the
services of an established, independent agency or organization that
is nationally recognized for its technical expertise in educational
testing but is not engaged in the development of aptitude or
achievement tests for elementary or secondary level grades. These
national assessment experts shall annually conduct studies of the
reliability and validity of the statewide assessments administered
pursuant to this section. Validity studies shall include studies of
decision validity and concurrent validity.
J. 1. The State Board of Education shall promulgate rules
setting the assessment window dates for each statewide assessment so
that the assessments are administered according to recommended
testing protocols, and so that the asses sment results are reported
back to school districts in a timely manner. The vendor shall
provide a final electron ic 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 August
20 of each year. The Department shall forward the final data files
for each school district and each school site in that district to
the school district. The Board shall ensure the contract with the
vendor includes a provision that the vendor report assessment
results directly to the Office of Educational Quality and
Accountability at the same time it is reported to the Board.
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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 statistically
reliable information or the results would reveal personally
identifiable information about an individual student. Each school
site shall notify the student ’s parents of the school ’s performance
levels in the Oklahoma Sc hool Testing Program as reported in the
Oklahoma Educational Indicators Program at the end of each school
year.
K. The State Board of Education shall be responsible 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 t he Oklahoma School Testing Program, other
assessment programs or procedures, including appropriate
accommodations for the assessment of studen ts with disabilities as
required by the Individuals with Disabilities Education 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
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disabilities, the State Board of Education shall not be su bject to
subsections D and E of Section 11 -103.6a of this title.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the pres ervation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3689 EB 4/2/2024 12:05:18 PM