Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 15 - Division of Learning Services
Rule 005.15.11-002 - ADE 294: Rules Governing Public School End-Of-Course Assessments and Remediation
Universal Citation: AR Admin Rules 005.15.11-002
Current through Register Vol. 49, No. 2, February 2024
1.00 AUTHORITY
1.01 These Rules are promulgated
pursuant to Ark. Code Ann. §§
6-11-105,
6-15-419,
6-15-433,
6-15-2009, and §
25-15-201 et
seq.
2.00 PURPOSE
2.01 The purpose of these Rules is to execute
the requirements of the Arkansas End-Of-Course Assessments and Remediation
Program as required by Ark. Code Ann. §
6-15-2009.
3.00 DEFINITIONS - For the purpose of these Rules, the following terms mean:
3.01 ACT means the ACT assessment for college
placement administered by ACT, Inc;
3.02 Advanced placement test means the test
administered by the College Board for a high school preparatory course that
incorporates the topics specified by the College Board on its standard syllabus
for a given subject area and is approved by the College Board;
3.03 Arkansas Department of Education (ADE)
means that certain state agency, established pursuant to Ark. Code Ann. §
25-6-102,
that is responsible for administering the statewide assessment system in
Arkansas K-12 grade public schools, including but not limited to those
assessments set forth in Ark. Code Ann. §§
6-15-419,
6-15-433, and
6-15-2009.
3.04 Assessment means an examination
instrument designed to measure certain levels of knowledge; as measured by
established requisite scale-scores, for those academic courses that are the
subject of End-of-Course testing as required by these Rules.
3.05 General end-of-course assessment means a
criterion-referenced assessment taken upon successful completion of a course of
study set by the State Board of Education (SBE):
3.05.1 To determine whether a student
demonstrates, according to a requisite scale score established by ADE Rules,
attainment of sufficient knowledge and skills to indicate a necessary and
satisfactory mastery of the subject level content in that end-of-course
assessment; and
3.05.2 For which
failure to meet that requisite scale score requires sufficient remediation
before a student is entitled to receive full academic credit for the
course.
3.06 High-stakes
end-of-course assessment means a criterion-referenced assessment taken upon the
successful completion of both the Algebra I and the English II course of study
under §
6-15-433(b)(3)(A)(iii):
3.06.1 To determine whether a student
demonstrates, according to a requisite scale score established by rule of the
SBE, attainment of sufficient knowledge and skills to indicate a necessary and
satisfactory passing standard of the subject level content in that particular
end-of-course assessment; and
3.06.2 For which failure to meet the
requisite scale score requires that the student shall not receive academic
credit for the course of study for which the assessment was taken until the
student meets the requisite scale score on the initial, a subsequent, or an
alternative high-stakes end-of-course assessment as allowed or required by
Arkansas law or by ADE Rules.
3.07 Individualized Education Program (IEP)
means a written statement for each child with a disability that is developed,
reviewed, and revised in a meeting in accordance with
34 CFR
300.320-300.324.
3.08 Individualized Academic Improvement Plan
(IAIP) means a written plan detailing supplemental or intervention and remedial
instruction, or both, in deficient areas for any student who has not met the
requisite scale score on a high-stakes end-of-course assessment. The
requirements for an IAIP are set forth in detail in §§ 5.12 and 5.15
of these Rules.
3.09 International
Baccalaureate assessment means an assessment administered by the International
Baccalaureate Organization for a course offered under the International
Baccalaureate Diploma Program.
3.10
SAT means the standardized college entrance examination administered by The
College Board.
4.00 GENERAL END-OF-COURSE ASSESSMENTS
4.01 Each
and every student attending an Arkansas public school shall participate in the
statewide program of educational assessments required in §§
6-15-419,
6-15-433, and
6-15-2009 and
established by the SBE.
4.02 Each
and every student shall participate in the actual course and the statewide
program of general end-of-course assessments as designated by the
SBE.
4.03 Each and every student
required to participate in the statewide program of educational assessments
required by §
6-15-2009 shall not
receive credit on his/her transcript for Biology, Geometry, or any other course
that requires a general end-of-course assessment under §§4.01 and
4.02 of these Rules for which that student has not received the requisite scale
score on a general end-of-course assessment(s), until the student is identified
as having participated in remediation through an individual academic
improvement plan.
4.04 The
individualized academic improvement plan shall include remediation activities
focused on those areas of need for students who failed to meet the requisite
score on a general end-of-course assessment.
4.05 For the purpose of a general
end-of-course assessment, remediation does not require that a student retake a
subsequent end-of-course assessment in order to receive academic credit for a
course.
5.00 HIGH-STAKES END-OF-COURSE ASSESSMENTS - DISTRICT OBLIGATIONS
5.01 All initial high-stakes end-of-course
assessments for Algebra I shall be administered by grade ten (10).
5.02 Beginning with the 2014-2015 school year
and each school year thereafter, all initial high-stakes end-of-course
assessments for English II shall be administered by grade ten (10).
5.03 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
2014-2015 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 2014-2015 school year for English
II.
5.04 A student transferring
into an Arkansas public school on or after 2009-2010 for Algebra I or 2014-2015
for English II whose official transcript from an out-of-state public, private,
or home school, or an Arkansas private or home school demonstrates 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 that the student does not
possess the requisite passing knowledge of Algebra I or English II.
5.05 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 passing
level scale score on the high-stakes end-of-course assessment for Algebra I
before the student is entitled to receive academic credit on his or her
transcript for Algebra I.
5.06 Only
a student who was 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 under
§ 5 of this rule, but the student shall meet appropriate general
end-of-course assessment requirements for Algebra I in § 4 of this
rule.
5.07 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 2014-2015 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 passing scale score in order to
be entitled to receive academic credit for Algebra I or English II on the
student's transcript, unless because of the nature of his or her disabilities
the student demonstrates alternative levels of competency as contained in the
student's IEP.
5.08 The Arkansas
public school providing course instruction in Algebra I and English II shall
ensure that such instruction is provided in complete compliance with all
required and approved frameworks, and shall be prepared to provide
documentation of such compliance to the ADE upon request.
5.09 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 2014-2015 school year for English II is not exempt from the requirements of
§ 5.07 of these Rules.
5.10
Beginning with the 2014-2015 school year, an Arkansas public school student who
is in grade ten (10) and who has not previously received academic credit under
§§5.01 through 5.04 of these Rules for English II shall successfully
complete the course and meet the requisite passing 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.
5.11 A student who does
not meet the requisite scale score on the relevant high-stakes end-of-course
assessment shall participate in an IAIP.
5.12 An IAIP 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.
5.13 If after
two subsequent high-stakes end-of-course assessments a student does not meet
the requisite passing scale score on the high-stakes end-of-course assessment,
the student shall participate in strand analysis or formative analysis
remediation provided and supported by the ADE before taking a third subsequent
high-stakes end-of-course assessment.
5.14 Subsequent high-stakes end-of-course
assessments and associated remediation programs may be administered in an
electronic format.
5.15 For a
student required to participate in an IAIP in § 5.11 of these Rules, the
IAIP 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 requisite passing scale score established
by rule of the SBE, and the instructional and support services to be provided
to meet the desired levels of performance. The IAIP is to be provided in an
electronic format of a type specified by the ADE at a site specified by the
ADE.
5.16 A public school shall
also provide frequent monitoring of the student's progress in meeting the
desired levels of performance.
5.17
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.
5.18 Beginning with
the 2009-2010 school year for Algebra I and the 2014-2015 school year for
English II, a student identified as not passing an initial high-stakes
end-of-course assessment shall not receive an 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:
5.18.1 The student has received remediation
and is identified as meeting the requisite passing scale score on a subsequent
high-stakes end-of-course assessment; or
5.18.2 The student has received remediation
and is identified as meeting the requisite score established by state board
rule on an alternative assessment.
(i) An
alternative assessment shall be limited to ACT assessment, SAT assessment,
advanced placement test, or International Baccalaureate test.
5.19 A student
identified as having not met the satisfactory pass levels 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
§ 5.18 of these Rules.
6.00 HIGH-STAKES END-OF-COURSE ASSESSMENT - STATE OBLIGATIONS
6.01 If a student does not
meet the requisite scale score on an end-of-course assessment and does not
satisfy the remedial requirements of § 4.0 of these Rules for general
end-of-course assessments and § 5.18 of these Rules 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.
6.02 The SBE shall
establish the high-stakes end-of-course assessment program required in
§§ 5.01 through 5.17 of these Rules for Algebra I beginning in the
2009-2010 school year and for English II beginning in the 2014-2015 school
year.
6.03 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.
6.04
The superintendent of each public school district shall be responsible for the
proper administration of §
6-15-2009 and these
Rules promulgated by the ADE to implement the requirements of §
6-15-2009.
6.05 To the extent that a public school
district is determined to have knowingly failed to administer these provisions
of applicable law or these Rules, the superintendent's license shall be subject
to probation, suspension, or revocation under §
6-17-410.
6.06 Each year the ADE shall make public at
least fifty percent (50%) of the test questions on the most recent initial
end-of-course assessments.
7.00 END-OF-COURSE & ALTERNATIVE EXAM TESTING CYCLE
7.01 The ADE shall establish and
publish by Commissioner's Memo each school year an end-of-course assessment
cycle for general end-of-course assessments and high-stakes end-of-course
assessments that shall be strictly followed by school districts unless a
district has received a written waiver from the ADE because of a catastrophic
occurrence.
7.02 The end-of-course
assessment cycle published by the ADE shall include an assessment cycle for
those students who do not meet the requisite scale score for high-stakes
end-of-course assessment and are required by §
6-15-2009 to take and
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.
7.03 The
ADE shall prepare and develop the form of the end-of-course assessments and
subsequent end-of-course assessments, along with any and all documents,
manuals, forms and protocols necessary for the proper administration,
completion, submission and scoring of the assessment. The assessment shall be
composed of sections that may include both multiple choice and open-response
test items.
7.04 Any and all
Arkansas laws and ADE Rules covering test administration, security and
confidentiality that apply to examinations given in Arkansas public schools
from K-12 grade shall apply in full to all end-of-course assessments and
Alternative Assessments set forth under §
6-15-2009.
7.05 The ADE shall take steps to ensure that
the end-of-course assessments are properly aligned with state standards and
that professional development training is available for teachers teaching
courses for which an end-of-course assessment is required.
7.06 In administering the assessments under
§
6-15-2009, the
district shall provide state-approved accommodations for students with
state-recognized disabilities and for English language learners as allowed by
law and ADE Rules.
8.00 END-OF-COURSE & ALTERNATIVE ASSESSMENT PASS REQUIREMENTS
8.01 Each school year the ADE shall establish
and promulgate by way of these Rules the requisite scale score requirement for
any Arkansas public school student taking each general or high-stakes
end-of-course assessment and Alternative Assessment.
8.02 The requisite scale score for any
high-stakes end-of-course assessment and Alternative Assessment shall be set
only at the cut score necessary to demonstrate the minimum satisfactory passing
level of the subject assessed.
8.03
Upon the failure of a student to meet the requisite scale score on an initial
or subsequent end-of-course assessment required by §
6-15-2009, the school
district that the student attends shall provide written notice of such failure
to the student's parent or guardian within fifteen (15) business days from the
date that the district receives the student's score.
8.04 If a student with disabilities
identified under the Individuals with Disabilities Act,
20 U.S.C. §
1400 et seq., is unable to meet the
requirements of §
6-15-2009 because of
the nature of his/her disabilities, the student may graduate from high school
by demonstrating alternative levels of competency as contained in the student's
IEP.
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