Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3274 Amended / Bill

Filed 04/03/2024

                     
 
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SENATE FLOOR VERSION 
April 2, 2024 
 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL NO. 3274 	By: Baker and McBride of the 
House 
 
  and 
 
  Pugh of the Senate 
 
 
 
 
[ schools - statewide system of student assessments - 
cost - graduation plan - window dates - effective 
date -  
 	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 Education shall adopt a statewide system of 
student assessments in compliance with the Elementary 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 aligned with the Oklahoma 
Academic Standards as adopted by the Board and which prepare 
students for college and careers.   
 
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B.  1.  The Board sha ll issue a request for proposals for the 
selection of assessments to be administered to students in grades 
three through twelve as a part of the statewide student assessment 
system adopted by the Board pursuant to this section. 
2.  The Board shall adopt as sessments 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 un less 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 adop ted 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; 
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.   
 
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D.  For the 2016-2017 school year, the Board shall admin ister 
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 through twelve; 
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 twelve. 
E.  1.  Beginning with the 2017 -2018 school year, the statewide 
student assessment system shall include assessment s in: 
a. English Language Art s 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 te n through 
twelve, and 
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 cert ain grades 
as determined by the Board, and   
 
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b. contingent upon the availability of funds, an 
additional nationally recognized college - and career-
readiness assessment or assessments as recommended by 
the State Department of Educ ation 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 system 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 Certificate, or 
(3) administration of the Armed Services Vocational 
Aptitude Battery (ASVAB) to students in grades 
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.   
 
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F.  1.  Beginning with students 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 public high school with a standard diploma.  
All students shall take the assessment or a ssessments 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 addition to taking the 
assessment or assessments included in the statewide student 
assessment system adopted by the Board 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 p ublic high school with a 
standard diploma. 
3.  For students who start the ninth grade prior to or during 
the 2016-2017 school year, school districts shall adopt a plan that 
establishes the assessment or assessments those studen ts 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 graduation requirements adopted by the Board 
pursuant to Section 5 of Enrolled House Bill No. 321 8 of the 2nd 
Session of the 55th Oklahoma Legislature that those students will be   
 
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required to meet in order to graduate from a public high school with 
a standard diploma. A student who has taken a nationally recognized 
college- and career-readiness assessment administered pursuant to 
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 sub section 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 required 
by Section 1210.545 of this title. 
4.  The Board shall promulgate rules to ensure t hat 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 testing 
requirements. 
G.  In order to provide an indicat ion 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.   
 
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H.  Students who do not perform at a proficiency le vel 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 an d 
secondary students for postsecondary 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 im proving 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 n o 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 remediation.  As   
 
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improvements are made to the assessments required by this section, 
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 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 ong oing 
review to compare the st atewide 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 conduc ting 
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 agency or organizat ion that 
is nationally recogn ized 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   
 
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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 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 sh all 
provide a final electronic 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 Education al Quality and 
Accountability at the same time it is reported to the Board. 
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, Englis h 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 p ersonally 
identifiable information about an individual student.  Each school   
 
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site shall notify the student ’s parents of the school ’s performance 
levels in the Oklahoma School 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, an d 
incorporate as a part of the 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 Education Act (I DEA), 
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 shall not be subject 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 preservation 
of the public peace, health , or safety, an emergency is hereby 
declared to exist, by reason whereof this a ct shall take effect and 
be in full force from and after its passage and approval. 
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION 
April 2, 2024 - DO PASS AS AMENDED BY CS