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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-510 SO AS TO PROVIDE THAT UNDER THE EDUCATION ACCOUNTABILITY ACT TEST PERFORMANCE MUST NOT BE THE SOLE DETERMINANT IN DECISIONS REGARDING PROMOTION, RETENTION, OR GROUPING OF STUDENTS OR THE PERFORMANCE OF SCHOOLS, AND TO PROVIDE FOR THE MANNER IN WHICH STANDARDIZED TESTS MAY BE CONSIDERED FOR THESE DECISION-MAKING PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-510. (A) If performance on a standardized test is considered under the Education Accountability Act as part of a decision about the promotion, retention, graduation, tracking, or within-class ability grouping of an individual student, the test performance:
(1) must not be the sole determinant in the decision;
(2) must be used as one of multiple measures of student achievement; and
(3) may not have determinative weight in the decision-making process.
(B) Performance on a standardized test may be considered in making the decisions pursuant to subsection (A) only if the test:
(1) meets professional standards of validity and reliability of a core or performance standard set or established for use on the test or another purpose for which the test's results are being used;
(2) allows a user to make a score interpretation in relation to a functional performance level, as distinguished from an interpretation made in relation to the performance of others;
(3) is based on state or local content and performance standards;
(4) is aligned with the curriculum and classroom instruction;
(5) is just one of multiple measures of student achievement utilized including grades and evaluations by teachers; and
(6) covers subject matter in which the student has had multiple opportunities to demonstrate proficiency."
SECTION 2. This act takes effect upon approval by the Governor.
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