§ 6-15-2009 - Public school assessments and remediation.
               	 		
6-15-2009.    Public school assessments and remediation.
    (a)    (1)  Each  student shall participate in the statewide program of educational  assessment required in      6-15-419, 6-15-433, and this section and by  the State Board of Education.
      (2)  Each  student in grades three through eight (3-8) shall participate in those  benchmark assessments required in      6-15-419, 6-15-433, and this  section and by the state board.
      (3)  Students  in appropriate grades shall participate in the general end-of-course  assessments and high-stakes end-of-course assessments required by       6-15-419 and 6-15-433 as established by the state board and this  section.
      (4)    (A)  The  state board shall determine the requisite scale score of student  performance on each assessment required in subdivisions (a)(1)-(3) of  this section.
            (B)  The  requisite scale score for any high-stakes end-of-course assessment shall  be set only at the cut score necessary to demonstrate the minimum  satisfactory passing level of that subject.
      (5)  The  state board shall establish by rule the requisite scale score for a  general end-of-course assessment and the requisite scale score for  high-stakes end-of-course assessments.
(b)    (1)  Each  student identified as not meeting the satisfactory pass levels in the  immediate previously administered benchmark assessment shall participate  in the remediation activities as required in the student's  individualized academic improvement plan beginning in the school year  the assessment results are reported.
      (2)  The  Department of Education may determine that an individualized education  program for a student with disabilities identified under the Individuals  with Disabilities Education Act, 20 U.S.C.    1400 et seq., meets the  requirements of an individualized academic improvement plan under this  section if the individualized education program addresses one (1) or  more academic areas in which the student is not proficient on  state-mandated augmented, criterion-referenced, or norm-referenced  assessments.
      (3)    (A)  The  public school district where the student is enrolled shall notify the  student's parent, guardian, or caregiver of the parent's role and  responsibilities as well as the consequences for the student's failure  to participate in the plan.
            (B)  This notice may be provided via student handbooks issued to students.
      (4)  A  student in grades three through eight (3-8) identified as not passing a  benchmark assessment and who fails to participate in the subsequent  academic improvement plan shall be retained and shall not be promoted to  the next appropriate grade until:
            (A)  The student is deemed to have participated in an academic improvement plan; or
            (B)  The student passes the benchmark assessment for the current grade level in which the student is retained.
(c)    (1)  Beginning  with the 2009-2010 school year, a student required to take a general  end-of-course assessment who is identified as not meeting the requisite  scale score for a particular assessment shall participate in the  remediation activities as required in the student's individualized  academic improvement plan in the school year that the assessment results  are reported in order to receive academic credit on his or her  transcript for the course related to the end-of-course assessment.
      (2)  The  individualized academic improvement plan shall include remediation  activities focused on those areas in which a student failed to pass a  general end-of-course assessment.
      (3)    (A)  A  student who is identified as not meeting the requisite scale score for a  general end-of-course assessment shall not receive academic credit on  his or her transcript for the course related to the general  end-of-course assessment until the student is identified as having  participated in remediation through an individualized academic  improvement plan.
            (B)  For the  purpose of a general end-of-course assessment, remediation does not  require that a student pass a subsequent end-of-course assessment in  order to receive academic credit for a course.
(d)    (1)    (A)    (i)  Beginning  with the 2009-2010 school year, all initial high-stakes end-of-course  assessments for Algebra I shall be administered by grade ten (10).
                  (ii)  Beginning  with the 2013-2014 school year, all initial high-stakes end-of-course  assessments for English II shall be administered by grade ten (10).
                  (iii)  A  student from an Arkansas public school who completed and received  academic credit on an end-of-course assessment for Algebra I before the  2009-2010 school year or for English II before the 2013-2014 school year  is not required to participate in and receive academic credit from a  high-stakes end-of-course assessment on or after the 2009-2010 school  year for Algebra I or on or after the 2013-2014 school year for English  II.
                  (iv)  A student  transferring into an Arkansas public school on or after 2009-2010 for  Algebra I or 2013-2014 for English II who can demonstrate by official  transcript from an out-of-state public, private, or home school or an  Arkansas private or home school that he or she has previously obtained  academic credit for Algebra I or English II is not required to  participate in and receive academic credit from an initial high-stakes  end-of-course assessment unless the public school district assesses the  student's educational status and determines the student does not possess  the requisite passing knowledge of Algebra I or English II.
            (B)    (i)  Beginning  with the 2009-2010 school year, an Arkansas public school student who  is not in grade ten (10), grade eleven (11), or grade twelve (12) in an  Arkansas public school and has not previously received proper academic  credit on his or her transcript for Algebra I but has successfully  completed an Algebra I course is required to complete and successfully  meet the requisite scale score on a high-stakes end-of-course assessment  before the student is entitled to receive academic credit on his or her  transcript for Algebra I.
                  (ii)  Only  a student who is in grade ten (10), grade eleven (11), or grade twelve  (12) in an Arkansas public school in the 2009-2010 school year is exempt  from the requirement of taking a high-stakes Algebra I end-of-course  assessment, but the student shall meet any general end-of-course  assessment requirements for Algebra I.
                  (iii)  Any  other student, regardless of the school year or the grade level in  which he or she completes an Algebra I course or, beginning with the  2013-2014 school year, the English II course, shall successfully  complete an Algebra I and English II high-stakes end-of-course  assessment and meet the requisite scale score in order to be entitled to  receive academic credit for Algebra I or English II on the student's  transcript, unless exempted under an individualized education program.
                  (iv)  A  student transferring into an Arkansas public school district without  having obtained academic credit on his or her transcript in or after the  2009-2010 school year for Algebra I and in or after the 2013-2014  school year for English II is not exempt from the requirements of  subdivision (d)(1)(B)(iii) of this section.
            (C)  Beginning  with the 2013-2014 school year, an Arkansas public school student who  is in grade ten (10) and who has not previously received academic credit  under (d)(1)(A) for English II shall successfully complete the course  and meet the requisite scale score on the English II high-stakes  end-of-course assessment in order for the student to be entitled to  receive academic credit for English II on the student's transcript.
            (D)    (i)  A  student who does not meet the requisite scale score on the relevant  high-stakes end-of-course assessment shall participate in an  individualized academic improvement plan.
                  (ii)  An  individualized academic improvement plan shall include research-based  remediation activities and multiple opportunities for the student to  take and pass subsequent high-stakes end-of-course assessments as long  as the student remains enrolled in an Arkansas public school and has not  reached twenty-one (21) years of age.
                  (iii)  If  after two subsequent high-stakes end-of-course assessments a student  does not meet the requisite scale score on the initial high-stakes  end-of-course assessment, the student shall participate in strand  analysis or formative analysis remediation provided and supported by the  department before taking a third or subsequent high-stakes  end-of-course assessment.
                  (iv)  Subsequent  high-stakes end-of-course assessments and associated remediation  programs may be administered in an electronic format.
      (2)  For  a student required to participate in an individualized academic  improvement plan in subdivision (d)(1)(D) of this section, the  individualized academic improvement plan shall identify the student's  specific areas of deficiency on the high-stakes end-of-course  assessment, the desired levels of performance necessary for the student  to meet the satisfactory pass levels, and the instructional and support  services to be provided to meet the desired levels of performance.
      (3)    (A)  A public school also shall provide frequent monitoring of the student's progress in meeting the desired levels of performance.
            (B)  Remedial  activities and instruction provided during high school shall not be in  lieu of English, mathematics, science, history, or other core courses  required for graduation.
(e)    (1)  Beginning  with the 2009-2010 school year for Algebra I and the 2013-2014 school  year for English II, a student identified as not passing an initial  high-stakes end-of-course assessment shall not receive academic credit  on his or her transcript for the course related to the end-of-course  assessment and is not entitled to graduate from an Arkansas public high  school until:
            (A)  The student is identified as meeting the requisite scale score on a subsequent high-stakes end-of-course assessment; or
            (B)    (i)  The student is identified as meeting the requisite score established by state board rule on an alternative assessment.
                  (ii)  An  alternative assessment shall be an ACT assessment, SAT assessment,  advanced placement test, or International Baccalaureate test.
      (2)    (A)  A  student identified as having not met the requisite scale score for a  high-stakes end-of-course assessment shall not receive academic credit  on his or her transcript for the related course until the student meets  the requirements of subdivision (e)(1) of this section.
            (B)  If  a student does not meet the requisite scale score on an end-of-course  assessment and does not satisfy the remedial requirements of subsection  (c) of this section for general end-of-course assessments and  subdivision (e)(1) of this section for high-stakes end-of-course  assessments, the student shall not be entitled to graduate with a high  school diploma from an Arkansas public high school or public charter  school.
(f)    (1)    (A)  The  state board shall establish the high-stakes end-of-course assessment  program required in subsection (d) of this section for Algebra I  beginning in the 2009-2010 school year and for English II beginning in  the 2013-2014 school year.
            (B)  Throughout  this process, the end-of-course assessment program shall be maintained  in such a manner as to meet the requirements of state and federal law,  including the full range of students with disabilities.
      (2)    (A)  The  superintendent of each public school district shall be responsible for  the proper administration of this section and the rules promulgated by  the state board to implement the requirements of this section.
            (B)  To  the extent that a public school district is determined to have  knowingly failed to administer these provisions of law or rules, the  superintendent's license shall be subject to probation, suspension, or  revocation under    6-17-410.
      (3)  Each  year the department shall make public at least fifty percent (50%) of  the test questions on the most recent initial benchmark and  end-of-course assessments.
      (4)  The  state board shall promulgate rules to establish cut scores, remediation  programs required in (d)(1)(D), and other components of the general  end-of-course assessment program and high-stakes end-of-course  assessment program necessary to administer the provisions of this  subsection.
      (5)    (A)  Each  school year, the department shall establish and publish by  commissioner's memo an end-of-course assessment cycle for general  end-of-course assessments and high-stakes end-of-course assessments that  a public school district shall follow unless the public school district  has obtained a written waiver from the department.
            (B)  The  end-of-course assessment cycle shall include an assessment cycle for a  student who does not meet the requisite scale score for an initial  high-stakes end-of-course assessment and is required under this section  to pass a subsequent end-of-course assessment before receiving academic  credit on the student's transcript for the course that corresponds to  the initial end-of-course assessment.
      (6)    (A)  The  department shall develop the form of end-of-course assessments and  subsequent end-of-course assessments with the documents, manuals, forms,  and protocols necessary for the proper administration, completion,  submission, and scoring of the assessment.
            (B)  The assessment shall be composed of sections that may include both multiple choice and open-response test items.
      (7)  For  the 2009-2010 school year and each school year thereafter, the  department shall take steps to ensure that the end-of-course assessments  are aligned with state standards and that professional development  training is available to teachers of courses for which an end-of-course  assessment is required.
      (8)  Within  fifteen (15) business days from the date a public school district  receives a student's score that indicates the student did not meet the  requisite scale score on an initial and subsequent end-of-course  assessment required by this section, the public school district shall  provide written notice of the failure to the student's parent or  guardian.
      (9)  If a student with  disabilities identified under the Individuals with Disabilities  Education Act, 20 U.S.C.    1400 et seq. is unable to meet the  requirements of this section because of the nature of the student's  disabilities, the student may graduate from high school by demonstrating  alternative competencies or alternative levels of competency under the  student's individualized education program.
      (10)  In  administering the assessments under this section, the public school  district shall provide state-approved accommodations for students with  state-recognized disabilities and for English language learners as  allowed by law and state board rules.