North Carolina § 115C-174 - 11. Components of the testing program.

§ 115C-174. 11. Components of the testing program.

Assessment Instruments for Kindergarten, First, Second, and Third Grades. - The State Board of Education shall develop, adopt, and provide to the local school administrative units developmentally appropriate individualized assessment instruments aligned with the standard course of study and Part 1A of Article 8 of this Chapter for the kindergarten, first, second, and third grades. Local school administrative units shall use these assessment instruments provided to them by the State Board for kindergarten, first, second, and third grade students to assess progress, diagnose difficulties, and inform instruction and remediation needs. Local school administrative units shall not use standardized tests for summative assessment of kindergarten, first, and second grade students except as required as a condition of receiving federal grants. Repealed by Session Laws 2009-451, s. 7.20(c), effective July 1, 2009. Annual Testing Program. - The State Board of Education shall adopt the tests for grades three through 12 that are required by federal law or as a condition of a federal grant. These tests shall be designed to measure progress toward reading, communication skills, and mathematics for grades three through eight, and toward competencies for grades nine through 12. Students who do not pass the tests adopted for eighth grade shall be provided remedial instruction in the ninth grade. If the State Board of Education finds that additional testing in grades three through 12 is desirable to allow comparisons with national indicators of student achievement, that testing shall be conducted with the smallest size sample of students necessary to assure valid comparisons with other states. Repealed by Session Laws 2014-78, s. 3(a), effective July 1, 2014. (For applicability, see editor's note) To the extent funds are made available, the State Board of Education shall use a competitive bid process to adopt one nationally norm-referenced college admissions test to make available to local school administrative units, regional schools, and charter schools to administer to all students in the eleventh grade unless the student has already taken a comparable test and scored at or above a level set by the State Board. The State Board of Education shall require the administration of an alternate to the nationally norm-referenced college admissions test or an alternate precursor test to the nationally norm-referenced college admissions test to a student who (i) exhibits severe and pervasive delays in all areas of conceptual, linguistic, and academic development and in adaptive behaviors, including communication, daily living skills, and self-care, (ii) is following the extended content standards of the Standard Course of Study as provided in G.S. 115C-81, 115C-81.5, or is following a course of study that, upon completing high school, may not lead to admission into a college-level course of study resulting in a college degree, and (iii) has a written parental request for an alternate assessment. Except as provided in subsection (c) of this section, the State Board of Education shall not require the public schools to administer any standardized tests except for those required by federal law or as a condition of a federal grant. The State Board of Education shall ensure that parents of students enrolled in all public schools, including charter and regional schools, have the necessary information to make informed decisions regarding participation in the nationally norm-referenced college admissions test and precursor test. Alternate assessment and nationally norm-referenced college admissions test assessment results of students with disabilities shall be included in school accountability reports, including charter and regional schools, provided by the State Board of Education. The State Board of Education shall adopt and provide to local school administrative units all tests required by federal law or as a condition of a federal grant. History (1977, c. 522, s. 1; c. 541, s. 1; 1981, c. 423, s. 1; 1983, c. 627, s. 1; 1985, c. 409, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 1014, s. 74(a); 1987, c. 738, s. 180(a); 1987 (Reg. Sess., 1988), c. 1086, s. 77(a); 1989, c. 778, ss. 4, 5; 1995, c. 524, s. 3; 1996, 2nd Ex. Sess., c. 18, s. 18.14; 1998-212, s. 9.15(b); 1998-220, ss. 6, 11; 2000-140, s. 21(a), (b); 2003-275, s. 1; 2004-124, ss. 7.11, 7.27; 2005-458, s. 3; 2009-451, s. 7.20(c); 2010-31, s. 7.30; 2011-8, s. 1; 2011-145, s. 7.30(a); 2011-280, ss. 1, 2.1; 2012-142, s. 7A.1(e); 2013-208, s. 1; 2014-78, s. 3(a); 2017-57, s. 7.26C(a); 2017-126, ss. 14, 15.) Editor's Note. - Session Laws 2002-126, s. 7.44, as amended by Session Laws 2002-159, s. 70.5(a), provides: "Notwithstanding G.S. 115C-174.11(a) , the Department of Public Instruction may administer a standardized reading test measure for a pilot study of the comparative predictive validity of the reading assessment used in kindergarten through second grade. This standardized measure may be administered to students in eligible public schools, including charter schools, and is limited to the extent necessary to receive funds as part of the federal Reading First Grant. The results of this standardized measure shall not be used to evaluate, promote, or retain any student." Session Laws 2002-159, s. 70.5(b), provides: "This section applies only to the extent that and at such times as it is necessary to receive and retain funds as part of the federal Reading First Grant. This section expires at the time that the federal Reading First Grant expires. In the event that the State is not awarded funds as a part of the federal Reading First Grant, the Department shall not continue to implement Section 7.44 of S.L. 2002-126, as rewritten by this section." Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'." Session Laws 2002-126, s. 31.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year." Session Laws 2002-126, s. 31.6, is a severability clause. Session Laws 2003-275, s. 2, as amended by Session Laws 2004-124, s. 7.27, provides: "This act becomes effective July 1, 2003. G.S. 115C-174.11(b) (3a), as created in Section 1 of this act, shall be implemented no later than the 2004-2005 school year. The State Board of Education shall adopt or develop and validate the alternate tests required under G.S. 115C-174.11(b)(3) , as amended by Section 1 of this act, no later than April 15, 2005, and shall implement these alternate tests beginning with the 2005-2006 school year." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, is a severability clause. Session Laws 2009-451, s. 7.18(b), as amended by Session Laws 2009-575, s. 3F, provides: "Notwithstanding G.S. 115C-174.11 , the State Board of Education shall investigate and pilot a developmentally appropriate diagnostic assessment for students in elementary grades during the 2009-2010 school year. This assessment will (i) enable teachers to determine student learning needs and individualize instruction and (ii) ensure that students are adequately prepared for the next level of coursework as set out by the standard course of study. "The State Board of Education shall report the results of the pilot to the Joint Legislative Education Oversight Committee, the Fiscal Research Division, and the Office of State Budget and Management, by December 1, 2010. "Savings that result from eliminating tests shall be used to implement this section." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2011-8, s. 2, effective July 1, 2011, provides: "The following end-of-course tests are hereby eliminated: "(1) United States History. "(2) Civics and Economics. "(3) Algebra II. "(4) Physical Science." Session Laws 2011-8, s. 3, effective July 1, 2011, provides: "The State Board of Education in conjunction with the Department of Public Instruction shall consider alternative assessment strategies for measuring the academic performance of students and for evaluating teachers. The Department shall report its proposals on any such strategies to Education Committee of the House of Representatives and the Education/Higher Education Committee of the Senate by June 1, 2011." Session Laws 2011-145, s. 7.30(a), effective July 1, 2011, made identical changes to this section as Session Laws 2011-280, s. 1; however, Sessions Laws 2011-280, s. 2.1 repealed Sessions Laws 2011-145, s. 7.30, effective July 1, 2011. Session Laws 2012-142, s. 7A.1(i), made the amendments to this section (rewrote subsection (a)) by Session Laws 2012-142, s. 7A.1(e), effective July 2, 2012, and applicable beginning with the 2013-2014 school year. The developmental screening and kindergarten entry assessment required by this section shall be administered beginning with the 2014-2015 school year. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-208, s. 3, provides: "The State Board of Education shall develop an alternate assessment to measure career and college readiness for students who are not required to take the ACT or PLAN under this act. Pilot testing for the alternate ACT assessment shall occur simultaneously with the ACT administration during the 2013-2014 school year. Pilot testing for the alternate PLAN assessment shall occur simultaneously with the PLAN administration during the 2014-2015 school year. Students who participate in the pilot testing shall not be administered the ACT or PLAN, and where possible, results from the ACT pilot will be included in the accountability reports." Session Laws 2013-360, s. 9.2(b), provides: "Notwithstanding the provisions of G.S. 115C-174.11(c) , the State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to the purchase and implementation of a new assessment instrument to assess student achievement on the Common Core State Standards, including the Common Core Smarter Balance Consortium Assessments. The State Board shall not purchase such an assessment instrument without the enactment of legislation by the General Assembly authorizing the purchase." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2014-78, s. 3(b), provides: "The State Board of Education shall continue to develop and update the North Carolina Standard Course of Study in accordance with G.S. 115C-12 (9c), including a review of standards in other states and of national assessments aligned with those standards, and shall implement the assessments the State Board deems most aligned to assess student achievement on the North Carolina Standard Course of Study, in accordance with Section 9.2(b) of S.L. 2013-360 and Section 5 of this act." Session Laws 2017-57, s. 7.9(a)-(c), provides: "(a) From the funds appropriated to implement Section 7A.1 of S.L. 2012-142, as amended, for the 2017-2019 fiscal biennium only, the Department of Public Instruction shall use those funds for the following 13 time-limited positions that support the kindergarten through third grade assessments pursuant to G.S. 115C-174.11 : "Position Title 65017164 Project Administrator 65017165 Project Lead 65017166 Project Lead 65017167 Program Assistant V 65017169 Northeast Consultant 65017170 Southeast Consultant 65017171 North Central Consultant 65017172 Sandhills Consultant 65017173 Piedmont Triad Consultant 65017174 Southwest Consultant 65017250 Northwest Consultant 65017251 Western Consultant 65021990 Project Coordinator "(b) The positions listed in subsection (a) of this section shall be in addition to the 11 permanent, full-time positions authorized by Section 7A.12 of S.L. 2012-142. "(c) This section expires June 30, 2019." Session Laws 2017-57, s. 7.26C(c), provides: "The State Board of Education shall solicit bids through a competitive bid process to adopt one nationally norm-referenced college admissions test as required by G.S. 115C-174.11(c)(4) , as amended by subsection (a) of this section, to be administered beginning with the 2019-2020 school year. The State Board of Education shall report on the results of the competitive bid process to the Joint Legislative Education Oversight Committee and the Fiscal Research Division no later than May 15, 2019." Session Laws 2017-57, s. 7.26C(d), made the amendment to subdivision (c)(4) of this section by Session Laws 2017-57, s. 7.26C(a), applicable beginning with the 2019-2020 school year. Session Laws 2017-57, s. 7.27(b), (c), provides: "(b) By October 1, 2017, the State Superintendent shall issue a Request for Proposals (RFP) to vendors of diagnostic reading assessment instruments to provide one or more valid, reliable, formative, and diagnostic reading assessment instrument or instruments for use pursuant to G.S. 115C-174.11 . At a minimum, the diagnostic reading assessment instrument or instruments provided by the selected vendor shall meet all of the following criteria: "(1) Yield data that can be used with the Education Value-Added Assessment System (EVAAS). "(2) Demonstrate close alignment with student performance on State assessments, including all assessments required in kindergarten through third grade by Part 2 of Article 10A of Chapter 115C of the General Statutes. "(3) Demonstrate high rates of predictability as to student performance on State assessments, including all assessments required in kindergarten through third grade by Part 2 of Article 10A of Chapter 115C of the General Statutes. "(c) The State Superintendent shall form and supervise an Evaluation Panel to review the proposals received pursuant to the RFP issued in accordance with subsection (b) of this section. The Evaluation Panel shall be composed of persons employed within the Department of Public Instruction. By March 1, 2018, the Evaluation Panel, with the approval of the State Superintendent, shall select one vendor to provide the assessment instrument or instruments for the 2018-2019 school year. In determining which vendor to select, the Evaluation Panel shall consider, at a minimum, all of the following factors: "(1) The time required to conduct formative and diagnostic assessments with the intention of minimizing the impact on instructional time. "(2) The level of integration of assessment results with instructional support for teachers and students. "(3) The timeliness in reporting assessment results to teachers and administrators. "(4) The ability to provide timely assessment results to parents and guardians." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 2.3(a)-(d), provides: "(a) EOGs and EOCs. - Consistent with the provisions of G.S. 115C-174.11(d) , for the 2019-2020 school year, end-of-grade and end-of-course tests are waived. "(b) ACT. - Notwithstanding G.S. 115C-174.11(c)(4) , during the fall semester of the 2020-2021 school year, public school units shall administer the norm-referenced college admissions test made available by the State Board to all students who were in the eleventh grade during the 2019-2020 school year who were not administered the test during the 2019-2020 school year, unless a student has already taken a comparable test and scored at or above a level set by the State Board. "(c) Diagnostic and Formative Assessments. - For the 2019-2020 school year, for the diagnostic and formative reading assessments for kindergarten, first, second, and third grade students described in G.S. 115C-83.6 and G.S. 115C-174.11(a) , additional assessments beyond those administered prior to March 16, 2020, are not required. "(d) WorkKeys. - For the spring semester of the 2019-2020 school year only, notwithstanding G.S. 115C-174.25 , a local school administrative unit shall not be required to administer the WorkKeys tests to any students who complete a concentration in career and technical education courses." Session Laws 2020-3, s. 2.7(d), provides: "Fourth Grade Reading Assessment. - No later than the tenth day that school buildings are open to students for the 2020-2021 school year, public school units shall administer to all fourth grade students the end-of-year diagnostic assessment otherwise required for third grade students pursuant to G.S. 115C-174.11(a) and State Board policy. The results of the assessment shall be used to identify reading deficiencies and inform instruction and remediation needs in order to ensure that all students achieve proficiency at the earliest date possible." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2004-124, s. 7.11, effective July 1, 2004, added "except as required as a condition of receiving a federal grant under the Reading First Program" at the end of subsection (a). Session Laws 2005-458, s. 3, effective October 2, 2005, rewrote subdivision (c)(1). Session Laws 2009-451, s. 7.20(c), effective July 1, 2009, deleted subsection (b), regarding competency testing program; and in subdivision (c)(1), deleted the former last sentence, which read: "This assistance shall be calculated to prepare the students to pass the competency test administered under subsection (b) of this section." Session Laws 2010-31, s. 7.30, effective July 1, 2010, substituted "except as required as a condition of receiving federal grants" for "except as required as a condition of receiving a federal grant under the Reading First Program" in subsection (a). Session Laws 2011-8, s. 1, effective July 1, 2011, and applicable beginning with the 2011-2012 school year, in subdivision (c)(1), in the first sentence, substituted "shall adopt the tests for grades three through 12 that are required by federal law or as a condition of a federal grant" for "shall adopt a system of annual testing for grades three through 12," in the second sentence, deleted "designated by the State Board" following "competencies," and deleted the former third sentence, which read: "The State Board may develop and implement a plan for high school end of course tests that must be aligned with the content standards developed under G.S. 115C-12 (9c)"; and added subsection (d). Session Laws 2011-280, s. 1, effective July 1, 2011, and applicable beginning with the 2011-2012 school year, added subdivisions (c)(3) and (c)(4); and deleted "subdivision (2) of" preceding "subsection (c)" in the first paragraph of subsection (d). Session Laws 2012-142, s. 7A.1(e), effective July 2, 2012, rewrote subsection (a). For applicability, see editor's note. Session Laws 2013-208, s. 1, effective June 26, 2013, in subdivision (c)(4), inserted "of Education" in the first sentence, and added the second sentence and the second and third paragraphs. Session Laws 2014-78, s. 3(a), effective July 1, 2014, deleted subdivision (c)(3). Session Laws 2017-57, s. 7.26C(a), effective July 1, 2017, in subdivision (c)(4), substituted "use a competitive bid process to adopt one nationally norm-referenced college admissions test to make available to local school administrative units, regional schools, and charter schools to administer to" for "plan for and require the administration of the ACT test for" in the first sentence, substituted "nationally norm-referenced college admissions test" for "ACT" throughout, deleted "to the PLAN" prior to "precursor" in the second sentence, and substituted "and precursor test" for "and the PLAN precursor test to the ACT" in the second paragraph. For applicability see editor's note. Session Laws 2017-126, ss. 14 and 15, effective July 20, 2017, substituted "aligned with the standard course of study" for "consistent with the Basic Education Program" in the first sentence of subsection (a); and substituted "G.S. 115C-81.5" for "G.S. 115C-81" in clause (ii) of the first paragraph in subdivision (c)(4).