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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 3274 By: Baker and McBride of the
House
and
Pugh of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 1210.508, which relates to the statewide
system of student assessme nts; adding optional
career-readiness and armed services assessments for
certain students; requiring assessment to be
administered at no cost to students; providing an
effective date; and declaring an emergency .
AMENDMENT NO. 1. Page 1, strike the tit le, enacting clause and
entire bill and insert
“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 certain
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 taking
certain assessment during certain window dates;
providing an effective date; and declaring an
emergency.
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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.
B. 1. The Board shall 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 assessments from the selected
proposals that were submitted pursuant to paragraph 1 of th is
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 fulfill the
terms of the contract or fails to comply with or v iolates the terms
of the contract. The Board shall administer the assessments
beginning with the 2017 -2018 school year.
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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;
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 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 t han 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 assessments in:
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a. English Language Arts and Mathematics in grades three
through eight and at lea st 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
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 recommended 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 system may include:
(1) administration of an additional nationally
recognized college- and career-readiness
assessment, which may include a retest of the
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assessment administer ed pursuant to subparagraph
b of paragraph 2 of this subsection,
(2) administration of a career-readiness assessment
chosen from a list approved by the State
Department of Education, 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.
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 st atewide 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 assessments prior to
graduation, unless other wise 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
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assessment system adopted by the Board pursuant to su bsection 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 scho ol 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 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 graduation requirements adopted by the Board
pursuant to Section 5 of Enrolled House Bill No. 3218 of the 2nd
Session of the 55th Oklahoma Le gislature 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 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 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 required
by Section 1210.545 of this title.
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4. The Board shall promulgate rules to ensure that students who
transfer into an Oklahoma s chool 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 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 es tablished 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 sectio n 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 Education shall ev aluate the subject
matter standards to ensure the competencies reflect high standards,
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are specific, well-defined, measurable, challenging, and will
prepare elementary students for next -grade-level course work and
secondary students for postsecondary studi es 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 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 remediation. 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 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 ongoing
review to compare the statewide assessm ent 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 purposes of conducting
reliability and validity studies, monit oring contractor adherence to
professionally accepted testing standards, and providing
recommendations for testing program improvement, shall retain the
services of an established, independent agency or organization that
is nationally recognized for its te chnical 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 t he 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 s tatewide 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 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 a nd each school site in that district to
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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 ti me 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, English proficiency,
and status as economically di sadvantaged, 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 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, and
incorporate as a part of the Oklahoma Scho ol Testing Program, other
assessment programs or procedures, including appropriate
accommodations for the assessment of students with disabilities as
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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
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 act shall take e ffect and
be in full force from and after its passage and approval. ”
Passed the Senate the 25th day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the H ouse
of Representatives
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ENGROSSED HOUSE
BILL NO. 3274 By: Baker and McBride of the
House
and
Pugh of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 1210.508, which relates t o the statewide
system of student assessments; adding optional
career-readiness and armed services assessments for
certain students; requiring assessment to be
administered at no cost to students; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY 70 O.S. 2021, Section 1210.5 08, 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
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Academic Standards as ado pted 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 to students in grades
three through twelve as a part of the statewide student as sessment
system adopted by the Board pursuant to this section.
2. The Board shall adopt assessments from the sele cted
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 no t 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 other states;
3. Yield both norm-referenced scores and criterion -referenced
scores;
4. Have a track record of statistical reliability and accuracy;
and
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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 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 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
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 2 017-2018 school year, the statewide
student assessment system may include:
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a. assessments in Reading and Writing i n 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 recommended 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 system m ay include:
(1) a retest of the nati onally recognized college -
and career-readiness assessment administered
pursuant to subparagraph b of paragraph 2 of this
subsection,
(2) nationally recognized, portable career-readiness
assessments that lead to a National Career
Readiness Certificate, or
(3) the Armed Services Voc ational Aptitude Battery
(ASVAB).
b. The 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 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 addition to taking the
assessment or assessments includ ed in the statewide student
assessment system adopted by the Board pursuant to subsection A of
this section, shall meet any other high school gra duation
requirements adopted by the Board pursuant to Section 5 of Enrolled
House Bill No. 3218 of the 2nd Sess ion of the 55th Oklahoma
Legislature in order to grad uate from a public 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 students are
required to take in order to graduate from a public high school with
a standard diploma. The plan ma y 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
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required to meet in order to graduate from a public high school with
a standard diploma.
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 opportu nity
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 stude nt 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 s tudent assessment system adopted by the
Board pursuant to subsection A of this section and a ny business- and
industry-recognized endorsements attained.
H. Students who do not perform at a proficiency le vel 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 required by this section shall m easure
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
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Standards. The State Board of Education shall evaluate th e 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 ins titutions 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 instructi on and student remediation. 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 district level to inform instruction,
professional development, school improvement and remediati on for
students.
3. The Commission for Educational Quality and Accountability
shall determine the cut scores for the performance levels on all
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statewide assessments. The Commission shall conduct an ong oing
review to compare the statewide assessment conte nt 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 con tractor 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 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 statew ide assessments administered
pursuant to this section. Validity studies shall include studi es 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 assessment results are reported
back to school districts in a timely manner. The vendor sh all
provide a final electronic data file of all schoo l site, school
district, and state results to the State Department of Education and
the Office of Educational Quality and Accountability prior to August
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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 disadvantag ed, 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 individua l student. Each school
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 Testin g Program, other
assessment programs or procedures, including appropriate
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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 5. This act shall become effective July 1, 2024.
SECTION 6. It being immediate ly necessary for the preservation
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.
Passed the House of Representatives the 4th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate