SENATE FLOOR VERSION - HB3274 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB3274 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB3274 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3274 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB3274 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3274 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. SENATE FLOOR VERSION - HB3274 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3274 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3274 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3274 SFLR Page 10 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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