HOUSE BILL No. 5228 October 7, 1997, Introduced by Reps. Gire, Dalman, LeTarte, Jelinek, Agee, Schauer, Bogardus, Kilpatrick, Callahan, Kaza, Martinez, Goschka, Brackenridge, Cherry, Schermesser, London, Middleton, LaForge, Oxender, Wojno, Hammerstrom, Byl, Sikkema, Scranton and Raczkowski and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 25, and by adding section 1279a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1279. (1) The board of a school district or public 2 school academy shall award astate-endorsed high school diploma3 STATE ENDORSEMENT to an eligible high school graduate as provided 4 in this section. 5 (2)For pupils scheduled to graduate from high school in61997, if a pupil achieves the academic objectives required by the7state board, as measured by an assessment developed under8subsection (7), for a state-endorsed high school diploma, or9meets the requirements described in former subsection (1)(c) for10a state-endorsed diploma, in 1 or more of the subject areas of04214'97 TAV 2 1communications skills, mathematics, and science, the pupil's2school district or public school academy shall award a state3endorsement on the pupil's diploma in each of the subject areas4in which the pupil demonstrated the required proficiency.5Beginning with pupils scheduled to graduate in 1998, ifIF a 6 pupil achieves the objectives required by the state board, as 7 measured by an assessment instrument developed under subsection 8(7)(9), for astate-endorsed high school diplomaSTATE 9 ENDORSEMENT in 1 or more of the subject areas of communications 10 skills, mathematics, science, and, beginning with pupils sched- 11 uled to graduate in 2000, social studies, the pupil's school dis- 12 trict or public school academy shallaward aINCLUDE THE 13 APPLICABLE state endorsement on the pupil'sdiplomaTRANSCRIPT 14 in each of the subject areas in which the pupil demonstrated the 15 required proficiency. THE STATE BOARD SHALL DEVELOP 3 CATEGORIES 16 OF STATE ENDORSEMENT FOR EACH SUBJECT AREA INDICATING BASIC COM- 17 PETENCY, ABOVE AVERAGE, AND OUTSTANDING AND USING TERMINOLOGY FOR 18 THE CATEGORIES AND REQUIRED ASSESSMENT SCORES FOR EACH AS DETER- 19 MINED BY THE STATE BOARD. A school district or public school 20 academy shall not award a state endorsement to a pupil unless the 21 pupil meets the applicable requirements for the endorsement, as 22 described in thissubsectionSECTION. A school district or 23 public school academy may award a high school diploma to a pupil 24 who successfully completes local school district or public school 25 academy requirements established in accordance with state law for 26 high school graduation, regardless of whether the pupil is 27 eligible for any state endorsement. 04214'97 3 1 (3) THE ASSESSMENTS ADMINISTERED FOR THE PURPOSES OF THIS 2 SECTION SHALL BE ADMINISTERED TO PUPILS DURING THE FIRST SEMESTER 3 OF GRADE 12. THE DEPARTMENT SHALL ENSURE THAT THE ASSESSMENTS 4 ARE SCORED AND THE SCORES ARE RETURNED TO PUPILS, THEIR PARENTS 5 OR LEGAL GUARDIANS, AND SCHOOL DISTRICTS OR PUBLIC SCHOOL ACADE- 6 MIES NOT LATER THAN THE END OF THE PUPIL'S FIRST SEMESTER OF 7 GRADE 12. THE RETURNED SCORES SHALL INDICATE THE PUPIL'S NUMERI- 8 CAL SCORE FOR EACH SUBJECT AREA AND THE RANGE OF SCORES NECESSARY 9 FOR EACH CATEGORY OF STATE ENDORSEMENT FOR EACH SUBJECT AREA. TO 10 THE GREATEST EXTENT THE DEPARTMENT DETERMINES TO BE PRACTICABLE, 11 THE DEPARTMENT SHALL ARRANGE FOR THOSE PORTIONS OF A PUPIL'S 12 ASSESSMENT THAT CANNOT BE SCORED MECHANICALLY TO BE SCORED BY 13 MICHIGAN TEACHERS WHO HAVE BEEN TRAINED IN SCORING THE 14 ASSESSMENTS. IN REPORTING THE SCORES TO PUPILS, PARENTS, AND 15 SCHOOLS, THE DEPARTMENT SHALL PROVIDE SPECIFIC, MEANINGFUL, AND 16 TIMELY FEEDBACK ON THE AREAS IN WHICH A PUPIL MUST IMPROVE IN 17 ORDER TO ACHIEVE PROFICIENCY AND A STATE ENDORSEMENT. 18 (4)(3)A pupil who does not achieve the requirements of 19 subsection (2) FOR A STATE ENDORSEMENT may be reevaluated,each20 WITHOUT COST TO THE PUPIL, LATER IN THE school year OR AFTER 21 GRADUATION until the pupil achieves an applicable requirement for 22 astate-endorsed diplomaSTATE ENDORSEMENT. In addition, the 23 board of the school district or public school academy in which 24 the pupil is enrolled shall provide that there be at least 1 25 meeting attended by at least the pupil and a member of the school 26 district's or public school academy's staff or a local or 27 intermediate school district consultant who is proficient in the 04214'97 4 1 measurement and evaluation of pupils. The school district or 2 public school academy may provide the meeting as a group meeting 3 for pupils in similar circumstances. If the pupil is a minor, 4 the school district or public school academy shall invite and 5 encourage the pupil's parent, legal guardian, or person in loco 6 parentis to attend the meeting and shall mail a notice of the 7 meeting to the pupil's parent, legal guardian, or person in loco 8 parentis. The purpose of this meeting and any subsequent meeting 9 under this subsection shall be to determine an educational pro- 10 gram for the pupil designed tohaveASSIST the pupil TO reach 11 proficiency in each subject or skill area in which he or she was 12 assessed by the testing as not proficient. In addition, a school 13 district or public school academy may provide for subsequent 14 meetings with the pupil conducted by a high school counselor or 15 teacher designated by the pupil's high school principal, and 16 shall invite and encourage the pupil's parent, legal guardian, or 17 person in loco parentis to attend the subsequent meetings. The 18 school district or public school academy shall provide special 19 programs for the pupil or develop a program using the educational 20 programs regularly provided by the district unless the board of 21 the school district or public school academy decides otherwise 22 and publishes and explains its decision in a public justification 23 report. A pupil may be reevaluated at any time the school dis- 24 trict or public school academy administers an applicable assess- 25 ment instrument OR DURING A RETESTING PERIOD UNDER 26 SUBSECTION (7). 04214'97 5 1 (5) THE DEPARTMENT SHALL ENSURE THAT THE LENGTH OF THE 2 ASSESSMENTS USED FOR THE PURPOSES OF THIS SECTION AND THE 3 COMBINED TOTAL TIME NECESSARY TO ADMINISTER ALL OF THE ASSESS- 4 MENTS, INCLUDING SOCIAL STUDIES, ARE THE SHORTEST POSSIBLE THAT 5 WILL STILL MAINTAIN THE DEGREE OF RELIABILITY OF THE ASSESSMENT 6 RESULTS DETERMINED NECESSARY BY THE DEPARTMENT. 7 (6)(4)For astate-endorsed diplomaSTATE ENDORSEMENT, 8 a pupil must achieve the requirementsofESTABLISHED UNDER 9 subsection (2) in addition to any other requirements established 10 by law or by the board of the school district or public school 11 academy for a high school diploma. If the board of a school dis- 12 trict or public school academy determines that a pupil qualifies 13 for astate-endorsed diplomaSTATE ENDORSEMENT, the board shall 14 indicate on the pupil's high schooldiploma andtranscript that 15 the pupil achieved the proficiency necessary for receipt of a 16state-endorsed diplomaSTATE ENDORSEMENT AND THE CATEGORY OF 17 ENDORSEMENT EARNED FOR EACH SUBJECT AREA. 18 (7)(5)An individual may repeat any of thetests or19 assessment instrumentsspecified in subsection (2)USED FOR THE 20 PURPOSES OF THIS SECTION at any timethe school district or21public school academy regularly offers the test or assessment22 ESTABLISHED BY THE DEPARTMENT UNDER THIS SUBSECTION AS A RETEST- 23 ING PERIOD. If an individual described in this subsection 24 achieves the requirements of subsection (2),and completes all25other applicable requirements for a high school diploma,the 26 individual shall be awarded astate-endorsed diplomaSTATE 27 ENDORSEMENT as otherwise provided in this section. THE 04214'97 6 1 DEPARTMENT SHALL ESTABLISH, SCHEDULE, AND ARRANGE PERIODIC 2 RETESTING PERIODS THROUGHOUT THE YEAR FOR INDIVIDUALS WHO DESIRE 3 TO REPEAT AN ASSESSMENT UNDER THIS SECTION. THE DEPARTMENT SHALL 4 COORDINATE THE ARRANGEMENTS FOR ADMINISTERING THE REPEAT ASSESS- 5 MENTS AND SHALL ENSURE THAT THE RETESTING IS MADE AVAILABLE AT 6 LEAST WITHIN EACH INTERMEDIATE SCHOOL DISTRICT AND, TO THE EXTENT 7 POSSIBLE, WITHIN EACH SCHOOL DISTRICT. 8 (8)(6)A school district or public school academy shall 9 provide accommodations to a pupil with disabilities for the pro- 10 ficiencytesting orassessment required under this section, as 11 provided under section 504 of title V of the rehabilitation act 12 of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II 13 of the Americans with disabilities act of 1990, Public Law 14 101-336, 42 U.S.C. 12131 to 12134; and the implementing regula- 15 tions for those statutes. 16 (9)(7)For the purposes of this section, the state board 17 shall develop or select and approve assessment instruments to 18 determine pupil proficiency in communications skills, mathemat- 19 ics, social studies, and science. The assessment instruments 20 shall be based on the state board model core academic content 21 standards objectives. 22 (10)(8)All assessment instruments developed or selected 23 and approved by the state under any statute or rule for a purpose 24 related to K to 12 education shall be objective-oriented and con- 25 sistent with the state board model core academic content stan- 26 dards objectives. 04214'97 7 1 (11)(9)Upon payment of a reasonable fee any person WHO 2 HAS GRADUATED FROM HIGH SCHOOL WITHOUT AN ENDORSEMENT UNDER THIS 3 SECTION AND WHO HAS NOT PREVIOUSLY TAKEN AN ASSESSMENT UNDER THIS 4 SECTION may take thestate-endorsed diploma testASSESSMENTS 5 USED FOR THE PURPOSES OF THIS SECTION DURING A RETESTING PERIOD 6 SCHEDULED UNDER SUBSECTION (7) and, upon demonstrating the 7 required proficiency in a subject area, have A STATE ENDORSEMENT 8 FOR THAT SUBJECT AREA INCLUDED ON his or her high schooldiploma9state-endorsed for that subject areaTRANSCRIPT. 10 (12) AT LEAST EVERY 6 MONTHS UNTIL 2000, AND NOT LATER THAN 11 JULY 1 OF EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A 12 REPORT TO THE LEGISLATURE ON THE STATUS OF THE STATE ENDORSEMENT 13 PROGRAM UNDER THIS SECTION. THE REPORT SHALL INCLUDE AT LEAST 14 ALL OF THE FOLLOWING: 15 (A) STATISTICS FOR EACH SCHOOL DISTRICT AND PUBLIC SCHOOL 16 ACADEMY ON THE NUMBER AND PERCENTAGE OF PUPILS ACHIEVING STATE 17 ENDORSEMENTS IN EACH OF THE APPLICABLE SUBJECT AREAS. 18 (B) A DESCRIPTION OF HOW THE ASSESSMENTS ARE ADMINISTERED, 19 INCLUDING, BUT NOT LIMITED TO, THE LENGTH OF EACH ASSESSMENT AND 20 EACH DISTINCT PORTION OF EACH ASSESSMENT, THE AMOUNT OF ADDI- 21 TIONAL TIME REQUIRED FOR ADMINISTRATION, TEST SECURITY, AND 22 INFORMATION ON REPEAT ASSESSMENTS. 23 (C) A DESCRIPTION OF THE SCORING OF EACH ASSESSMENT, THE 24 CATEGORIES OF ENDORSEMENT, AND THE REQUIRED SCORE FOR EACH CATE- 25 GORY FOR EACH SUBJECT AREA. 04214'97 8 1 (D) A DESCRIPTION OF THE FEEDBACK PROVIDED TO PUPILS, 2 PARENTS, AND SCHOOLS ON INDIVIDUAL AND AGGREGATE PUPIL 3 PERFORMANCE ON THE ASSESSMENTS. 4 (E) A DESCRIPTION OF AND RESPONSE TO ISSUES CONCERNING THE 5 STATE ENDORSEMENTS OR ASSESSMENTS THAT HAVE BEEN RAISED TO THE 6 DEPARTMENT OR STATE BOARD. 7 (F) A DESCRIPTION OF ANY SIGNIFICANT ALTERATIONS MADE IN THE 8 PROGRAM BY THE DEPARTMENT OR STATE BOARD DURING THE PERIOD COV- 9 ERED BY THE REPORT. 10 (G) ANY RECOMMENDATIONS BY THE DEPARTMENT OR STATE BOARD FOR 11 LEGISLATIVE CHANGES TO THE PROGRAM. 12 (13) PUPILS SCHEDULED TO GRADUATE IN 1998 WHO TOOK THE 13 ASSESSMENTS USED FOR THE PURPOSES OF THIS SECTION DURING THE 14 1996-97 SCHOOL YEAR MAY REPEAT 1 OR MORE OF THE ASSESSMENTS 15 DURING THE 1997-98 SCHOOL YEAR. THE DEPARTMENT, IN COOPERATION 16 WITH SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES, SHALL MAKE 17 ARRANGEMENTS FOR REPEAT ASSESSMENTS TO BE AVAILABLE FOR THESE 18 PUPILS IN EACH SCHOOL DISTRICT THAT OPERATES A HIGH SCHOOL DURING 19 THE 1997-98 SCHOOL YEAR IN TIME FOR THESE PUPILS TO EARN STATE 20 ENDORSEMENT BEFORE GRADUATION. THE REPEAT ASSESSMENTS MAY BE 21 ADMINISTERED AT TIMES OTHER THAN REGULAR SCHOOL HOURS. 22 SEC. 1279A. (1) NOT LATER THAN 90 DAYS AFTER THE EFFECTIVE 23 DATE OF THIS SECTION, THE STATE BOARD SHALL APPOINT AN 11-MEMBER 24 ASSESSMENT ADMINISTRATION ADVISORY COMMITTEE TO ADVISE THE STATE 25 BOARD ON MICHIGAN EDUCATION ASSESSMENT PROGRAM (MEAP) TESTS AND 26 ON THE ASSESSMENTS USED FOR STATE ENDORSEMENTS UNDER 27 SECTION 1279. THIS ADVISORY COMMITTEE SHALL BE COMPOSED OF 04214'97 9 1 REPRESENTATIVES OF SCHOOL DISTRICTS, INTERMEDIATE SCHOOL 2 DISTRICTS, SCHOOL ADMINISTRATORS, TEACHERS, AND PARENTS, WITH THE 3 APPOINTMENTS REFLECTING THE GEOGRAPHIC AND POPULATION DIVERSITY 4 OF SCHOOL DISTRICTS IN THIS STATE. THIS ADVISORY COMMITTEE SHALL 5 EVALUATE THESE TESTS AND ASSESSMENTS AND MAKE RECOMMENDATIONS TO 6 THE STATE BOARD AND DEPARTMENT ON ISSUES RELATED TO ADMINISTRA- 7 TION, SCORING, AND REPORTING AND USE OF RESULTS OF THESE TESTS 8 AND ASSESSMENTS, INCLUDING, BUT NOT LIMITED TO, LENGTH OF THE 9 TESTS AND ASSESSMENTS; THE TIME OF THE TESTING PERIOD DURING THE 10 SCHOOL YEAR; FEEDBACK PROVIDED TO PUPILS, PARENTS, AND SCHOOLS; 11 ACCURATE AND RELEVANT REPORTING OF RESULTS TO THE GENERAL PUBLIC; 12 THE SELECTION OF A RETESTING PERIOD AND PROCEDURES AND ARRANGE- 13 MENTS FOR REPEATING TESTS OR ASSESSMENTS; LOCAL SCORING AND OTHER 14 GENERAL ISSUES REGARDING SCORING OF TESTS AND ASSESSMENTS THAT 15 ARE NOT ADDRESSED BY THE TECHNICAL ADVISORY GROUP UNDER 16 SUBSECTION (2); CATEGORIES OF SCORING ON THE MEAP TESTS AND CATE- 17 GORIES OF STATE ENDORSEMENT UNDER SECTION 1279; AND PROFESSIONAL 18 DEVELOPMENT FOR TEACHERS TO ASSIST IN PREPARING PUPILS TO HAVE 19 THE NECESSARY SKILLS AND KNOWLEDGE TO SUCCEED ON THE TESTS AND 20 ASSESSMENTS. 21 (2) NOT LATER THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS 22 SECTION, THE STATE BOARD SHALL APPOINT A 7-MEMBER TECHNICAL 23 ADVISORY GROUP TO ADVISE THE STATE BOARD AND DEPARTMENT ON THE 24 TECHNICAL ASPECTS OF MEAP TESTS AND THE ASSESSMENTS USED FOR 25 STATE ENDORSEMENT UNDER SECTION 1279. THIS ADVISORY GROUP SHALL 26 BE COMPOSED OF PERSONS WHO ARE EXPERTS IN MEASUREMENT AND 27 ASSESSMENT. THIS ADVISORY GROUP SHALL REVIEW THESE TESTS AND 04214'97 10 1 ASSESSMENTS AND ADVISE THE STATE BOARD AND DEPARTMENT ON THE 2 VALIDITY, RELIABILITY, AND OTHER TECHNICAL STANDARDS OF THESE 3 TESTS OR ASSESSMENTS AND OF THE ADMINISTRATION AND USE OF THESE 4 TESTS AND ASSESSMENTS. 5 Enacting section 1. This amendatory act does not take 6 effect unless all of the following bills of the 89th Legislature 7 are enacted into law: 8 (a) Senate Bill No. _____ or House Bill No. _____ (request 9 no. 04214'97 a). 10 (b) Senate Bill No. _____ or House Bill No. _____ (request 11 no. 04246'97). 12 (c) Senate Bill No. _____ or House Bill No. _____ (request 13 no. 04582'97). 14 (d) Senate Bill No. _____ or House Bill No. _____ (request 15 no. 04583'97). 16 (e) Senate Bill No. _____ or House Bill No. _____ (request 17 no. 04584'97). 18 (f) Senate Bill No. _____ or House Bill No. _____ (request 19 no. 04585'97). 20 (g) Senate Bill No. _____ or House Bill No. _____ (request 21 no. 04586'97). 04214'97 Final page. TAV