North Carolina § 115C-174 - 12. Responsibilities of agencies.

§ 115C-174. 12. Responsibilities of agencies.

The State Board of Education shall establish policies and guidelines necessary for minimizing the time students spend taking tests administered through State and local testing programs, for minimizing the frequency of field testing at any one school, and for otherwise carrying out the provisions of this Article. These policies and guidelines shall include the following: Schools shall devote no more than two days of instructional time per year to the taking of practice tests that do not have the primary purpose of assessing current student learning; Students in a school shall not be subject to field tests or national tests during the two-week period preceding the administration of end-of-grade tests, end-of-course tests, or the school's regularly scheduled final exams; and No school shall participate in more than two field tests at any one grade level during a school year; [and] All annual assessments of student achievement adopted by the State Board of Education pursuant to G.S. 115C-174.11(c)(1) and (3) and all final exams for courses shall be administered within the final 10 instructional days of the school year for year-long courses and within the final five instructional days of the semester for semester courses. Exceptions shall be permitted to accommodate a student's individualized education program and section 504 (29 U.S.C. § 794) plans and for the administration of final exams for courses with national or international curricula required to be held at designated times. The Superintendent of Public Instruction shall be responsible, under policies adopted by the State Board of Education, for the statewide administration of the testing program provided by this Article. The Superintendent shall notify local boards of education by October 1 of each year of any field tests that will be administered in their schools during the school year, the schools at which the field tests will be administered, and the specific field tests that will be administered at each school. Local boards of education shall cooperate with the State Board of Education in implementing the provisions of this Article, including the regulations and policies established by the State Board of Education. Local school administrative units shall use the annual tests to fulfill the purposes set out in this Article. By October 1 of each year, each local board of education shall notify the State Board of Education of any local standardized testing to be administered to students by the local school administrative unit at the direction of the local board of education in its schools and the calendar for administering those tests. The local board of education shall include the following information: The source of funds supporting the local testing program. The time allotted to administer each test. Whether the test is a computer-based test or a paper-based test. The grade level or subject area associated with the test. The date the test results are expected to be available to teachers and parents. The type of test, the purpose of the test, and the use of the test results. Estimates of average time for administering tests required by the local board of education by grade level. In each even-numbered year, each local board of education shall review all local standardized testing administered to students by the local school administrative unit at the direction of the local board of education for the prior two school years, in order to determine the number of tests administered to students and the number of hours required for students to complete the tests. If the average over the prior two-year period of either (i) the number of tests administered or (ii) the number of hours required for students to complete the tests exceeds the State average over the prior two-year period, as published pursuant to subsection (e1) of this section, the local board of education shall submit to the Department of Public Instruction and the State Board of Education, by October 1 of the even-numbered year, a plan to eliminate certain local standardized testing in order to ensure that neither the number of tests nor the number of hours required for students to complete the tests exceeds the State average. The State Board of Education shall waive the requirement that a local board develop and submit a plan if the State Board finds that the local board has made significant progress toward reducing local testing to the State average. By December 15 of each year, the State Board of Education shall submit a report to the Joint Legislative Education Oversight Committee containing information regarding the statewide administration of the testing program, including the number and type of tests and the testing schedule, and a summary of any local testing programs reported by local boards of education to the State Board of Education in accordance with subsection (d) of this section. The report shall also include a summary of any local plans provided to the State Board in accordance with subsection (d1) of this section. By September 1 of each year, the Superintendent of Public Instruction shall publish on the Web site of the Department of Public Instruction the following: A uniform calendar that includes schedules for State-required testing and reporting results of tests for at least the next two school years, including estimates of the average time for administering State-required standardized tests. The uniform calendar shall be provided to local boards of education in an electronic format that allows each local board of education to populate the calendar with, at a minimum, the information required by subsection (d) of this section. The uniform calendar shall be searchable by local school administrative unit and denote whether a test on the calendar is required by the State or required by a local board of education. For the local standardized testing information populated by local boards of education under subdivision (1) of this subsection, a summary of the nature and extent of the local testing, including the average over the prior two-year period of (i) the number of tests administered and (ii) the number of hours required for students to complete the tests. These policies shall reflect standard testing practices to insure reliability and validity of the sample testing. The results of the field tests shall be used in the final design of each test. The State Board of Education's policies regarding the testing of children with disabilities shall (i) provide broad accommodations and alternate methods of assessment that are consistent with a student's individualized education program and section 504 (29 U.S.C. § 794) plans, (ii) prohibit the use of statewide tests as the sole determinant of decisions about a student's graduation or promotion, and (iii) provide parents with information about the Statewide Testing Program and options for children with disabilities. The State Board shall report its proposed policies and proposed changes in policies to the Joint Legislative Education Oversight Committee prior to adoption. The State Board of Education may appoint an Advisory Council on Testing to assist in carrying out its responsibilities under this Article. The local board of education shall meet the requirements of this subsection by inputting the information into the uniform calendar published by the Department of Public Instruction pursuant to subsection (e1) of this section. History (1977, c. 522, ss. 4-6; c. 541, ss. 2, 5-7; 1981, c. 423, s. 1; 1985 (Reg. Sess., 1986), c. 1014, s. 74(a); 1995, c. 524, s. 4; 2001-424, s. 28.17(f); 2002-126, s. 7.30; 2002-159, s. 70; 2005-276, s. 7.37; 2009-451, s. 7.20(d); 2011-145, s. 7.13(q); 2011-391, s. 14(b); 2013-360, s. 9.2(a); 2016-94, s. 8.32(b); 2017-10, s. 2.14; 2017-57, s. 7.28A(b); 2019-165, s. 2.1; 2019-212, s. 3(a).) Fairness in Testing Program. - Session Laws 2001-424, s. 28.17(a), provides: "The State Board of Education shall provide the Joint Legislative Education Oversight Committee with a detailed analysis of the current resources allocated to meet the needs of all students subject to the Statewide Student Accountability Standards, and in addition, shall submit recommendations regarding other resources that would best assist students in meeting these new standards." Session Laws 2001-424, s. 28.17(g), provides: "Schools shall devote no more than two days of instructional time per year to the taking of practice tests that do not have the primary purpose of assessing current student learning." Session Laws 2001-424, s. 28.17(h), as amended by 2001-487, s. 116, provides: "Students in a local school shall not be subject to field tests or national tests during the two-week period preceding the administration of the end-of-grade tests, end-of-course tests, or the school's regularly scheduled final exams. No school shall participate in more than two field tests at any one grade level during a school year unless: "(1) That school volunteers, through a vote of its school improvement team, to participate in an expanded number of field tests; or "(2) The State Board of Education makes written findings, based on information provided by the Department of Public Instruction, that an additional field test must be administered at that school to ensure the reliability and validity of a specific test." Session Laws 2001-424, s. 28.17(j), provides: "The State Board of Education shall develop and report to the Joint Legislative Education Oversight Committee on its objectives for the Statewide Testing Program and on the implementation of that Program. The report shall include: "(1) A statement of the relationship between these objectives and the tests currently administered under the Program; "(2) An analysis of whether the current tests appropriately achieve these objectives; "(3) A statement of any actions that may be needed to coordinate the objectives and the tests more effectively; and "(4) Strategies for communicating the objectives of the Program, the tests administered under the Program, and the relationship between these objectives and tests to principals, teachers, parents, and students throughout the State." Editor's Note. - Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2013-360, s. 9.2(c), made the amendment to subsection (a) by Session Laws 2013-360, s. 9.2(a), applicable beginning with the 2013-2014 school year. 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. 38.5, is a severability clause. Session Laws 2016-94, s. 8.32(j), made the deletion of the last sentence in subsection (c), and the addition of subsections (d) and (e) by Session Laws 2016-94, s. 8.32(b), effective July 14, 2016, and applicable beginning with the 2016-2017 school year. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 7.28A(a), provides: "(a) The State Superintendent of Public Instruction shall study and make recommendations regarding the extent to which the SAT and ACT tests align with the English language arts and mathematics portions of the Standard Course of Study. By February 1, 2018, the Superintendent shall report findings and recommendations to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Education Oversight Committee." Session Laws 2017-57, s. 7.28A(e), provides that the amendment to this section by Session Laws 2017-57, s. 7.28A(b), is applicable beginning with the 2018-2019 school year. 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 2019-212, s. 3(b), made the amendments to subsections (d1)-(e1) of this section by Session Laws 2019-212, s. 3(a), applicable beginning with reports issued in 2020 based on data from the 2019-2020 school year. Effect of Amendments. - Session Laws 2002-126, s. 7.30, as amended by Session Laws 2002-159, s. 70, effective January 1, 2003, in subsection (a), added "for minimizing the frequency of field testing at any one school" in the first sentence, and added the second and third sentences; and added subsection (b1). Session Laws 2005-276, s. 7.37, effective July 1, 2005, in subsection (a), added the last sentence in the introductory paragraph and added subdivisions (a)(1) through (a)(3). Session Laws 2009-451, s. 7.20(d), effective July 1, 2009, in subsection (c), in the second sentence, substituted "annual tests" for "annual and competency testing programs" and in the last sentence, deleted "further" from the end. Session Laws 2013-360, s. 9.2(a), effective July 1, 2013, deleted "unless that school volunteers, through a vote of its school improvement team, to participate in an expanded number of field tests" following "year" at the end of subdivision (a)(3); added subdivision (a)(4); and in the second full paragraph of subsection (a), substituted "student's" for "child's" twice, and "children" for "students" once. For applicability, see Editor's note. Session Laws 2016-94, s. 8.32(b), effective July 14, 2016, deleted the last sentence in subsection (c), which read "Local school administrative units are encouraged to continue to develop local testing programs designed to diagnose student needs"; and added subsections (d) and (e). Session Laws 2017-10, s. 2.14, effective May 4, 2017, deleted the last sentence of (c), which formerly read "Local school administrative units are encouraged to continue to develop local testing programs designed to diagnose student needs." Session Laws 2017-57, s. 7.28A(b), effective July 1, 2017, in subsection (d), substituted "October 1" for "September 1," inserted "standardized" and "at the direction of the local board of education" in the first sentence, and substituted "the following information" for "information on" in the second sentence; inserted the subdivision (d)(1) designation and added subdivisions (d)(2) through (7), and added the last paragraph; in subsection (e), substituted "November 1" for "October 15"; added subsection (e1). For applicability, see editor's note. Session Laws 2019-165, s. 2.1, effective July 26, 2019, substituted "December 15" for "November 1" in subsection (e). Session Laws 2019-212, s. 3(a), effective September 4, 2019, added subsection (d1); added the last sentence in subsection (e); designated subsection (e1) as subsection (e1) and subdivision (e1)(1) and made related changes; and added subdivision (e1)(2). For applicability, see editor's note.