Bill 683

                    Current Status

Introducing Body:               Senate
Bill Number:                    683
Primary Sponsor:                Giese
Type of Legislation:            GB
Subject:                        Assessment Educational System
Residing Body:                  Senate
Companion Bill Number:          3958
Computer Document Number:       CYY/15421SD.93
Introduced Date:                19930413
Last History Body:              Senate
Last History Date:              19940414
Last History Type:              Committee Report:  Favorable
                                with amendment
Scope of Legislation:           Statewide
All Sponsors:                   Giese
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

683   Senate  19940414      Committee Report: Favorable     04
                            with amendment
683   Senate  19930413      Introduced, read first time,    04
                            referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 14, 1994

S. 683

S. Printed 4/14/94--S.

Read the first time April 13, 1993.

To whom was referred a Bill (S. 683), to amend the Code of Laws of South Carolina, 1976, by adding Section 59-30-5 so as to provide for the purposes of the State Assessment Educational System, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/ SECTION 1. The 1976 Code of Laws is amended by adding:

"Section 59-30-05. The State Board of Education, through the State Department of Education, shall develop and implement a state assessment system with the purposes of:

(a) Improving classroom instruction and learning;

(b) Providing public accountability by exemplifying expected achievement levels and reporting on student and school performance;

(c) Providing program evaluation data; and

(d) Assisting policy makers in decision making.

To these ends, the State Board shall:

(A) Establish academic content standards for kindergarten through grade twelve and establish academic achievement standards for Grades 3, 6, and 8 in the areas of mathematics, reading/language arts, writing, and science and for grade 11 in the areas of mathematics, reading/language arts, and writing. The achievement standards shall be designed to reflect the subject matter knowledge and analytical skills as determined by the State Board of Education each student needs to succeed at subsequent grade levels.

(B) Establish a state model of a continuous assessment of student performance through each school year of kindergarten through grade three and establish at grade one an assessment that will be designed to measure a student's level of preparation for first grade;

(C) Establish an end of Grade 3 developmentally appropriate assessment designed to measure skills required to perform at the fourth grade level in the areas of mathematics, reading/language arts, writing, and science.

(D) Establish a new exit examination which shall be a requirement for a high school diploma;

(E) Establish a system for providing information on student performance relative to students nationally;

(F) Establish, as a part of the assessment system, a non-secure item bank of questions and tasks to augment the information available from the assessment system which teachers, schools, and districts may use for additional instruction and assessment as needed;

(G) Establish such regulations as are needed during the transition period 1994-95 through 1998-99 to: establish the date of change from the first grade readiness test to the assessment of preparation for first grade; continue testing students at grades 6, 8, and exit exam on certain Basic Skills Assessment Tests; undertake changes in the tests at grade 3; and continue to test students on norm-referenced tests.

(H) Work with this State's colleges of education to develop pre-service education and professional development in the areas of curriculum imbedded assessment and issues of improved classroom assessment and instruction;

(I) Work with school officials and the School Improvement Councils to develop reporting formats most useful to schools in analyzing student performance relative to school improvement, to include longitudinal data, and to work with parents to develop a model format for reporting assessment information to parents that is easily understood and helpful to parents.

(J) For purposes of this act, the following definitions apply:

(1) `content standards' means a compilation of specific statements of what a student should know and be able to do in a particular academic area;

(2) `achievement standards' means standards that describe how well a student achieves relative to the content standards;

(3) `norm referenced test' means a test the results of which are interpreted by comparing an individual's test score to sample, usually a national sample, test scores of individuals taking the same test;

(4) `continuous assessment' means ongoing documentation of a child's academic progress based on observation and measurements of that child's development in areas such as reading and math, and analyzing how well a child is progressing academically;

(5) `measurement' means the process of obtaining a numerical description of the degree to which an individual possesses knowledge and skills;

(6) `assessment' means an analysis and description of student accomplishment relative to content/ achievement standards often using a range of documentary techniques such as tests, performances, questionnaires, and observations.

SECTION 2. Section 59-30-10 of the 1976 Code is amended to read:

"Section 59-30-10. The State Board of Education, through the State Department of Education, shall:

(a) Establish state educational objectives in the basic skills academic content standards for kindergarten through grade twelve and establish minimum academic achievement standards of student achievement for readiness Grades 1, 2, 3, 6, 8, and 11. The term `basic skills' shall include mathematics and the communication skills of reading and writing. The minimum achievement standards for readiness Grades 1, 2, 3, 6, 8, and 11 shall be designed to reflect the level of skill mastery subject matter knowledge and analytical skills as determined by the State Board of Education, each student is expected to have attained at the various grades needs to succeed at subsequent grade levels.

(b) (1)Establish a state basic skills an early childhood assessment system that shall include the administration to all public school students at the beginning of grade one a readiness test an assessment that will be designed to measure a student's readiness to begin the formal school curriculum level of preparation for first grade and a state model of a continuous assessment of student performance through each school year grades K-3 with criteria for districts who choose to develop their own model of continuous assessment. The results of the readiness test first grade preparedness measure shall be used to provide appropriate developmental activities in the first grade and may not be used to restrict school entry nor to restrict academic opportunities for individual students.

(2) Provide for the administration of the readiness test first grade preparedness measure at the beginning of the school year in grade one. Based on the results of the test measure, the school district shall advise suggest to the parents of any student not indicating readiness preparation for first grade work to secure a complete physical examination for that child. Such advice by the school district shall contain information about local governmental health services that are available.

(c) (1) As a part of the basic skills state assessment program, develop or select criterion-referenced standards based tests that can measure student achievement in reading/language arts, and mathematics, writing, and science in grades one, two, and three six and eight against the standards established for each of those respective grades. Pursuant to Section 59-139-60, develop or select a standards based assessment to be administered at the end of grade 3 designed to measure skill levels required to perform academic work considered to be at the fourth grade level in the areas of reading/language arts, mathematics, writing, and science. Information on individual student progress and aggregated information on students' progress must be given to parents and schools as required by Section 59-139-60.

(2) Cause to be administered the tests assessment system provided for herein to all public school students at the end of grades one, two and three and six and eight in mathematics, reading/language arts, writing and science. The purpose of the tests assessment system shall be that of diagnosis of student deficiencies academic difficulties and that of an aid in determining instruction needed by the student in achieving the minimum statewide academic achievement standards established for each respective grade.

(d) (1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading, writing and mathematics in grades six and eight against the standard established for each of those respective grades.

(2) Cause to be administered the test provided for grade six to all public school students at the end of grade six and shall cause to be administered the test provided for grade eight to all public school students at the end of grade eight. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.

(e d) Develop or select, and field test, tests an assessment system that will measure student achievement levels as determined by the State Board of Education, in the basic skills areas of reading/language arts, writing, and mathematics at the end of grade 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.

(f e) Beginning in the school year 1981-82 1996-97 and continuing through the school year 1984-85, administer the test specified in item (d) of this section to all students in grade eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide technical assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test not meeting standards. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86 1998-1999, the eleventh grade examination may no longer by administered and the Board shall cause to be administered an new exit examination to all tenth grade students. Local school districts shall establish remedial academic assistance programs plans and shall to assist those students who do not pass the examination. Passage of this new exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 1999-2000 and thereafter. Additionally, during the that school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll participate in a remedial an academic assistance program until such time as the student, parents/guardians, and school officials determine that the assistance is no longer needed. Students who do not pass the examination in the tenth grade must retake the test at least once in the eleventh grade and may retake the test at least twice in the twelfth grade, thereby providing students with at least four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed. Until school year 1999-2000 when the new exit exam is implemented as a condition for receipt of a state high school diploma, the current exit exam shall continue to be used as a condition for a state high school diploma.

(g f) Administer a test of student academic performance which builds upon prescribed academic standards and provides nationally normative information in at least three grades.

(g) Use utmost care to insure that to the maximum extent feasible, within existing knowledge and technology cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.

(h) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.

(i) Provide for the security and integrity of the tests that are administered under the assessment program.

(j) Revise and update the tests administered under the assessment program as deemed appropriate by the department but not to exceed five years before revisions are made.

(k) Render advice and aid to school districts concerning their curricula and the assessment program.

(l) Report the results of the program annually to the Governor, the General Assembly, the school districts and to the general public, together with any recommendations of the South Carolina Assessment Advisory Committee and the Technical Advisory Group created pursuant to Section 59-30-20.

(m) Consult with such commission the Assessment Advisory Committee and the Technical Group concerning the implementation of, or major changes to, the provisions of this chapter.

(n) Provide school districts with information concerning basic instructional programs which have been demonstrated to be effective in developing readiness skills or in the teaching of reading/language arts, writing, and mathematics, and science. The Department of Education shall provide information and encouragement encourage to school districts to adopt programs that are determined to be appropriate to the needs of their students. Student assessment data must be provided to schools and districts as required by Section 59-139-60 so that program deficiencies can be addressed.

(o) Provide appropriate office space, staff, equipment and supplies support to the Basic Skills Advisory Commission Assessment Advisory Committee and Technical Advisory Group as appropriate."

Establish statewide educational objectives in science for grades one through eight and establish minimum standards of student achievement for grades three, six, and eight. The State Board of Education, through the DOE, also shall develop and field-test, as part of the Basic Skills Assessment Program, criterion-referenced tests that will measure student achievement in science in grades three, six, and eight against the standards established for each of these respective grades and cause to be administered the tests provided for herein to all public school students at the ends of grades three, six, and eight. The purpose of the test is that of diagnosis of student deficiencies and that of an aid in determining instruction needed by he student in achieving he minimum statewide standard established for each respective grade.

SECTION 3. Section 59-30-20 is amended to read:

"Section 59-30-20. (a) There is hereby created the South Carolina Basic Skills Advisory Commission Assessment Advisory Committee composed of twenty-five seventeen members which shall provide recommendations and advice to the Governor, General Assembly and State Board of Education on the implementation of this chapter. The State Superintendent of Education shall appoint six members, one from each congressional district, with the advice and consent of the State Board of Education. His The State Superintendent's appointments shall be persons employed professionally in public education in this State other than employees of the State Department of Education and shall include at least two classroom teachers. The Governor shall appoint seven six lay persons at large from the State known to be actively involved in public education issues, one from each congressional district and one at large. The speaker of the house of the, the chairman of the house education and public works Committee and the Chairman of the Senate Education committee shall each appoint six members from the general public also designate a person to serve on the committee who may not be a member of the General Assembly and who shall serve at the pleasure of the appointing official. The State Board of Education chairman or his designee shall also serve on the committee. Except for their initial terms, t The terms of the members shall be for three years and until their successors are appointed and qualify. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. Every consideration shall be given to insure appropriate racial balance in appointments.

(b) Of the initial six members appointed by the State Superintendent of Education, members from the first and fourth districts shall be appointed to serve for terms of one year; members from the third and sixth districts shall be appointed to serve for terms of two years and members from the second and fifth districts shall be appointed to serve for terms of three years. Of the initial six members appointed by the Governor representing congressional districts, members from the second and fifth districts shall be appointed to serve for terms of one year; members from the third and sixth districts shall be appointed to serve for terms of two years and members from the first and fourth districts shall be appointed to serve for terms of three years , terms shall be staggered for one, two and three years to be determined by drawing lots at the first meeting of the committee. The members shall elect from among the lay members a chairman and such other officers who shall serve for a terms of one two years and until his their successors is are elected and qualifies y. The members of the commission committee shall receive such per diem, mileage and subsistence as is provided by law for members of state boards, committees and commissions to be paid from funds appropriated for the operation of the State Department of Education.

(c) The committee shall be convened no later than August 1, 1994. Issues to be reviewed by the committee should include, but not be limited to: changes needed in the mandated assessment system in order to better meet the intent of the legislation; whether social studies shall be included in the assessment system established by this Act and, if included, the timeline to be followed in establishing the assessments; whether science shall be included in the exit examination and, if included, the timeline to be followed; consideration of different types of response formats, including extended multiple choice and gridded response; review of the continuous assessment established in grades K-3; the type and medium for the item bank to be established for schools and districts; and review of data formats for assessment information sent to districts and schools.

(c d) The commission committee established by this section shall terminate June 30, 1991 2001.

(e) Upon the effective date of this Act, the State Board of Education, through the Department of Education, shall contract with three or more acknowledged authorities in the field of state-wide assessment for the development of the assessment system. This group shall be known as the Technical Advisory Group. The Advisory Group shall be a consultant to the State Department of Education and assist in the development of bid specifications for the assessment system and serve as consultant to the Assessment Advisory Committee. The members of the Technical Advisory Group, and members of their immediate family, shall not be employed by or have ownership or ownership interest in any testing company, except they may be hired on a consulting basis.

SECTION 4. Amend Section 59-30-30 of the 1976 Code to read:

"Section 59-30-30. All public school boards, through their local school districts, shall:

(a) Participate in the basic skills statewide assessment program established by this chapter.

(b) Adopt appropriate policies to ensure that a continuous an assessment is made of an individual student's progress in relation to the statewide minimum achievement standards of student achievement performance for kindergarten through grades 1, 2, 3, 6, 8, and 11; and adopt the state model for K - 3 continuous assessment or submit a district model for approval to the State Board of Education through the State Department of Education.

(c) Prior to the beginning of the 1979-80 1996-97 school year provide appropriate in-service training staff development for all certified personnel implementing the basic skills statewide assessment program to ensure efficient and effective use of assessment results and methods of instruction.

(d) Use the results of the tests administered under the basic skills statewide assessment program system to help in the diagnosis of student deficiencies and review of school performance.

(e) Provide basic instruction academic assistance to aid the student in bringing his performance up to the statewide minimum achievement standards for a particular grade when a deficiency is indicated by the results of the tests administered under the Basic skills assessment system program or the assessment procedures.

(f) (1) Provide in writing test result information to any a parent or guardian of a dependent child when the parent or guardian requests such information.

(2) Provide test information and explanations of deficiencies to a parent or guardian of a dependent child found to have deficiencies and make suggestions for appropriate assistance to be given to the dependent child by the dependent child's parent or guardian."

SECTION 5. Section 59-30-50 of the 1976 Code is amended to read:

"Section 59-30-50. The following timetable applying to the State Department of Education activities shall must be completed not later than the year indicated but nothing herein is intended to prohibit an earlier development or field testing of the tests or use of the test results by school districts to meet their responsibilities under this chapter when test results are made available.

1978-79 (a) Identification of basic skills objectives.

(b) Selection of readiness test for grade one.

1979-80 (a) Test development, field testing and test revision (grades 1 through 3, 6 and 8).

(b) Administration of readiness test--all students, grade one.

1980-81 (a) Administration of tests, (first grade readiness and grades 1 through 3, 6 and 8).

(b) Development or selection and field testing of eleventh grade test.

1981-82 (a) Administration of tests (first grade readiness and grades 1 through 3, 6 and 8).

(b) Administration of eleventh grade test, collection of baseline data.

1982-83 (a) Administration of all tests.

1983-84 and subsequent years. Administration of all tests.

1994-95 (a) Adopt content and achievement standards for reading/language arts, writing, mathematics, and science in Grades 3, 6, and 8 and for reading/language arts, writing, and mathematics in grade 11.

(b) Pilot and field test the K - 3 continuous assessment model.

(c) Adopt or adapt and pilot a new assessment of students' preparation level for first grade; continue first grade readiness test.

(d) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least three grades.

1995-96 (a) Pilot items based on achievement standards in Grades 3, 6, 8, and 11.

(b) Begin phase in of K - 3 continuous assessment model.

(c) Field test new assessment of students' preparation level for first grade. Continue first grade readiness test.

(d) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least three grades.

1996-97 (a) Field test items based on achievement standards Grades 3, 6, 8 and 11.

(b) Continue phase in of K - 3 continuous assessment model.

(c) Implement assessment of students' preparation for grade 1 work.

(d) Continue to administer a test of academic performance which builds upon academic standards and provides nationally normative information in at least three grades.

1997-98 (a) Continue field test items based on achievement standards Grades 3, 6, and 8.

(b) Implement the K-3 continuous assessment.

1998-99 (a) Implement assessments in Grades 3 and 6, and 8.

(b) Administer new exit exam in grade 10.

1999-2000 Implement new exit exam."

SECTION 6. Section 59-30-80 of the 1976 Code is amended to read:

"Section 59-30-80. The parents or guardian of any student who does not meet the minimum academic achievement standards set for any test prescribed in this chapter shall be notified in writing by the school and such notice shall be filed in the scholastic records of the student concerned.

SECTION 7. The 1976 Code of Laws is amended by adding:

"Section 59-30-120. Four year institutions having teacher education programs must work with the State Board of Education and the Department of Education to develop pre-service education and professional development in the areas of curriculum imbedded assessment and issues of improved classroom assessment and instruction. Changes in course offerings and course curriculum shall be reported to the Assessment Advisory Committee by October 1, 1996."

SECTION 8. Section 59-65-40(A)(6) is amended to read:

"Section 59-65-40(A)(6). students must participate in the annual statewide testing program and the Basic Skills Assessment Program assessment program approved by the State Board of Education for their appropriate grade level. The tests standardized achievement tests must be administered by a certified school district employee either with the public school students or by special arrangement at the student's place of instruction, at the parent's option. All assessment other than standardized achievement tests, including the continuous assessment of student performance in grades kindergarten through grade 3, shall be administered by the student's instructor as specified in item (4). The parent is responsible for paying the test administrator if the test is administered at the student's home; and"

SECTION 9. The act takes effect upon approval by the Governor./

Renumber SECTIONS to conform.

Amend title to conform.

NIKKI G. SETZLER, for Committee.

1. Estimated Cost to State-First Year$ See Below

2. Estimated Cost to State-

Annually Thereafter$ See Below

Senate Bill 683 amends Section 59-30-10 of the South Carolina Code of Laws, 1976, to require that the State Board of Education, through the State Department of Education, to develop and implement a state assessment system which shall have a dual purpose of improving student learning and providing public accountability. The system shall provide information regarding:

(1) Student attainment of state educational achievement standards;

(2) Performance of South Carolina's students relative to that of students nationally.

By school year 1998-99, the state board shall implement the following changes:

(A) Establish academic content standards for kindergarten through grade 12 and establish academic achievement standards for grades 3, 6, 8, and 11.

(B) Establish an early childhood assessment system and provide for the administration of the first grade preparedness measure at the beginning of the school year in grade 1.

(C) Develop or select standards based tests to measure achievement in reading, mathematics, science, and social studies in grades 3 and 6.

(D) Develop or select and field test an assessment system that will measure student achievement at basic, proficient and advanced levels in the area of reading, writing, and mathematics at the end of grades 8 and 11.

(E) Beginning in school year 1996-97, administer the test specified in item (D) to all students in grades 8 and 11 for the purpose of collecting baseline data for program assessment. The department shall provide assistance to the schools in which the data indicate that program adjustment is needed.

(F) Administer a test of student academic performance which provides nationally normative information in at least four grades until a standards based assessment system is implemented.

Section 59-30-30 of the Code of Laws, 1976, amended to require all public school boards, through the local school districts, to participate in the statewide assessment program. This amendment further requires the local school boards to ensure an assessment is made in relation to the statewide achievement standards of student performance for kindergarten through grades 3, 6, 8, and 11; and adopt the state model for K-3 continuous assessment or submit a district model for approval to the state board. The local school districts are to provide staff development for all certified personnel implementing the statewide assessment.

Section 59-30-50 is amended to provide a timetable to be completed no later than the year indicated.

Section 59-30-80 is amended to provide for notification of failures or deficiencies to the parents or guardian of any student who does not meet the academic achievement standards set for any test prescribed in this chapter.

Prepared By: Approved By:

JoAnne L. Payton George N. Dorn, Jr.

State Budget Analyst State Budget Division

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 59-30-5. The state assessment system shall have a dual purpose of improving student learning and providing public accountability. The system shall promote the improvement of teaching and learning by providing information regarding:

(1) student attainment of state educational standards; and

(2) the performance of South Carolina's students relative to that of students nationally.

By school year 1998-99, there must be a continuous assessment program for all students grades K-3; a standards based assessment system for all students in grades 4, 8, and 12 (Exit Exam) which contains nationally comparative data; and state sampling across students, subjects, and content areas in grades 5, 6, 7, 9, or 11."

SECTION 2. Section 59-30-10 of the 1976 Code is amended to read:

"Section 59-30-10. The State Board of Education, through the State Department of Education, shall:

(a) Establish statewide educational objectives in the basic skills for kindergarten through grade twelve and establish minimum standards of student achievement for readiness and Grades 1, 2, 3, 6, 8 and 11. The term 'basic skills' shall include mathematics and the communication skills of reading and writing. The minimum standards for readiness and Grades 1, 2, 3, 6, 8 and 11 shall be designed to reflect the level of skill mastery, as determined by the State Board of Education, each student is expected to have attained at the various grades.

(b) (1) Establish a state basic skills assessment program that shall include the administration to all public school students at the beginning of grade one a readiness test that will be designed to measure a student's readiness to begin the formal school curriculum. The results of the readiness test shall be used to provide appropriate developmental activities in the first grade.

(2) Provide for the administration of the readiness test at the beginning of the school year in grade one. Based on the results of the test, the school district shall advise the parents of any student not indicating readiness for first grade work to secure a complete physical examination for that child. Such advice by the school district shall contain information about local governmental health services that are available.

(c) (1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading and mathematics in grades one, two and three against the standard established for each of those respective grades.

(2) Cause to be administered the tests provided for herein to all public school students at the end of grades one, two and three. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.

(d) (1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading, writing and mathematics in grades six and eight against the standard established for each of those respective grades.

(2) Cause to be administered the test provided for grade six to all public school students at the end of grade six and shall cause to be administered the test provided for grade eight to all public school students at the end of grade eight. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.

(e) Develop or select, and field test, tests that will measure student achievement in the basic skills areas of reading, writing, and mathematics at the end of grade 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.

(f) Beginning in the school year 1981-82 and continuing through the school year 1984-85, administer the test specified in item (e) of this section to all students in grade eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86, the eleventh grade examination may be no longer administered and the Board shall cause to be administered an exit examination to all tenth grade students. Local school districts shall establish remedial programs to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 and thereafter. Additionally, during the school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll in a remedial program. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed.

(g) Use utmost care to insure that to the maximum extent feasible, within existing knowledge and technology cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.

(h) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.

(i) Provide for the security and integrity of the tests that are administered under the assessment program.

(j) Revise and update the tests administered under the assessment program as deemed appropriate by the department.

(k) Render advice and aid to school districts concerning their curricula and the assessment program.

(l) Report the results of the program annually to the Governor, the General Assembly, the school districts and to the general public, together with any recommendations of the South Carolina Basic Skills Advisory Commission created pursuant to Section 59-30-20.

(m) Consult with such commission concerning the implementation of, or major changes to, the provisions of this chapter.

(n) Provide school districts with information concerning basic instructional programs which have been demonstrated to be effective in developing readiness skills or in the teaching of reading, writing and mathematics. The Department of Education shall encourage school districts to adopt programs that are determined to be appropriate to the needs of their students.

(o) Provide appropriate office space, staff, equipment and supplies to the Basic Skills Advisory Commission.

Establish statewide educational objectives in science for grades one through eight and establish minimum standards of student achievement for grades three, six, and eight. The State Board of Education, through the Department of Education, also shall develop and field-test, as part of the Basic Skills Assessment Program, criterion-referenced tests that will measure student achievement in science in grades three, six, and eight against the standards established for each of these respective grades and cause to be administered the tests provided for herein to all public school students at the end of grades three, six, and eight. The purpose of the test is that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.

(A) Establish state educational standards for student performance for kindergarten through grade twelve no later than school year 1994-95. Standards must be designed to reflect the level of performance, as determined by the State Board of Education through the Department of Education for the various grade level ranges.

(B) Establish a K-3 continuous assessment system which shall focus on individual student development in the cognitive, physical, and behavioral areas and shall contain components to measure progress toward meeting state standards. The system shall include a state model for K-3 continuous assessment and State Board of Education criteria for district developed models. Each district must be given the option to use the state model or to develop its own model based upon State Board of Education criteria. The primary component of each model must be an ongoing record of student performance over the course of a school year. Multiple indicators of student performance to be determined by the State Board of Education, must be included. The assessment of student performance may not rely solely on paper and pencil testing nor on information collected on every student throughout the K-3 schooling years and the results of the continuous assessment may not be used to restrict school entry nor to track individual students.

(1) The ongoing record of student performance referenced above shall include, but not be limited to:

(a) A profile of a student's level of preparation at the beginning of each school year.

(b) A record of student performance collected throughout the year based on performance on various measures such as individually administered tasks as measured against developmentally appropriate levels of performance in the cognitive, physical, and behavioral areas; samples of student work; teacher observations, information from parents; and individual performance within a group on developmentally appropriate activities.

(c) A summative record at the end of the school year that documents the child's level of achievement, progress made during the year, and instructional recommendations for the subsequent year.

(2) Districts shall be required to report student level of preparation for grade one to the Department of Education based upon criteria as established by the State Board of Education through the Department of Education.

(3) For purposes of accountability, elements from the K-3 continuous assessment record must be aggregated and reported at the state, district, and school level.

(C) Establish a grades 4-12 assessment system which measures student performance in relation to standards as established by the State Board of Education through the Department of Education. Specific content shall include mathematics, language arts (reading, writing, listening, and speaking), science, and social studies. For the purpose of instructional improvement, the assessment of each student's achievement shall include the standards based test results and other measures of student performance such as teacher observations, samples of classroom work, and interviews.

(1) Standards based tests must be administered to all students in grades 4, 8, and 12. The standards based tests shall include the assessment of process and thinking skills such as organizing and analyzing information, evaluating information, and problem solving. In addition, the assessment of workplace readiness skills must be included where appropriate. The tests shall include a variety of assessment formats such as constructed response, modified free response, essay, and performance tasks.

(2) State sampling must be conducted periodically across students, subjects, and content areas in grades 5, 6, 7, 9 and 11. The purpose of the tests is to identify student strengths and aid in determining instruction needed by students to achieve the statewide standards established for each grade.

(3) Students shall have their first opportunity to take the grade twelve standards based examination, referred to as the exit examination, in the tenth grade. Students who do not pass the exit examination in the tenth grade may retake the test in the eleventh and twelfth grades. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he must be awarded an appropriate state certificate indicating the number of credits earned and grades completed.

(D) Use utmost care to ensure that to the maximum extent feasible, within existing knowledge and technology, cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.

(E) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.

(F) Provide for the security and integrity of the tests that are administered under the assessment program.

(G) Review the state assessment system on a five-year cycle and report the results to the General Assembly.

(H) Render advice and aid to school districts concerning their curricula and the assessment program.

(I) Report the results of the program annually to the Governor, the General Assembly, the school districts and to the general public.

(J) Provide school districts with information concerning current research and strategies demonstrated to be effective in curriculum, instruction and assessment. The Department of Education shall encourage school districts to adopt strategies that are determined to be appropriate to the needs of their students."

SECTION 3. Section 59-30-30 of the 1976 Code is amended to read:

"Section 59-30-30. All public school boards, through their local school districts, shall:

(a) Participate in the basic skills assessment program established by this chapter.

(b) Adopt appropriate policies to ensure that a continuous assessment is made of an individual student's progress in relation to the statewide minimum standards of student achievement for kindergarten through grades 1, 2, 3, 6, 8 and 11.

(c) Prior to the beginning of the 1979-80 school year provide appropriate in-service training for all certified personnel implementing the basic skills assessment program to insure efficient and effective methods of instruction.

(d) Use the results of the tests administered under the basic skills assessment program to help in the diagnosis of student deficiencies.

(e) Provide basic instruction to aid the student in bringing his performance up to the statewide minimum standards for a particular grade when a deficiency is indicated by the results of the tests administered under the basic skills assessment program or other assessment procedures.

(f) (1) Provide in writing test result information to any parent or guardian of a dependent child when the parent or guardian requests such information.

(2) Provide test information and explanations of deficiencies to a parent or guardian of a dependent child found to have deficiencies and make suggestions for appropriate assistance to be given to the dependent child by the dependent child's parent or guardian.

(a) Participate in the statewide student assessment program established by this chapter.

(b) Adopt the state model for K-3 continuous assessment model or submit a district model for approval to the State Board of Education, through the State Department of Education.

(c) Provide appropriate in-service training for all certified personnel implementing the student assessment system to ensure efficient and effective methods of instruction.

(d) Use the results of the tests administered under the student assessment program to help in the diagnosis of student deficiencies.

(e) Provide basic instruction to aid the student in bringing his performance up to the statewide standards for a particular grade when a deficiency is indicated by the results of the tests administered under the student assessment program or other assessment procedures."

SECTION 4. Section 59-30-50 of the 1976 Code is amended to read:

"Section 59-30-50. The following timetable applying to the State Department of Education activities shall must be completed not later than the year indicated but nothing herein is intended to prohibit an earlier development or field testing of the tests or use of the test results by school districts to meet their responsibilities under this chapter when test results are made available.

1978-79 (a) Identification of basic skills objectives.

(b) Selection of readiness test for grade one.

1979-80 (a) Test development, field testing and test revision (grades 1 through 3, 6 and 8).

(b) Administration of readiness test--all students, grade one.

1980-81 (a) Administration of tests, (first grade readiness and grades 1 through 3, 6 and 8).

(b) Development or selection and field testing of eleventh grade test.

1981-82 (a) Administration of tests (first grade readiness and grades 1 through 3, 6 and 8).

(b) Administration of eleventh grade test, collection of baseline data.

1982-83 (a) Administration of all tests.

1983-84 and subsequent years. Administration of all tests.

Before the assessment system described in Section 59-30-10 is fully implemented an interim system must be in place. Therefore, effective for school years 1993-98 the following assessment system stipulated by year must be used for purposes of accountability.

(4) Standards based assessments which incorporate assessment of process and thinking skills and broader content conducted on a sampling basis across students, grades, and subject areas in grades 5, 6, 7, 9, and 11."

SECTION 5. This act takes effect upon approval by the Governor.