Administrative Rules of the State of Montana

BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

In the matter of the adoption of New Rules I through IV and the amendment of ARM 10.56.101

pertaining to student assessment

)

NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

TO: All Concerned Persons

1. On June 26, 2019, at 10:15 a.m., the Board of Public Education will hold a public hearing in the Superintendent’s Conference room at 1227 11th Avenue, Helena, Montana, to consider the proposed adoption and amendment of the above- stated rules.

2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Public Education no later than 5:00 p.m. on June 19, 2019, to advise us of the nature of the accommodation that you need. Please contact Pete Donovan, Executive Director, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail [email protected].

3. The rules as proposed to be adopted provide as follows:

NEW RULE I PARTICIPATION (1) By the authority of 20-2-121(11), MCA, and ARM 10.55.603, the Board of Public of Education (board) adopts rules for statewide assessment in all public and accredited nonpublic schools.

(2) Statewide assessments approved by the Board shall be administered in all public and accredited nonpublic schools.

(3) School districts shall annually administer statewide assessments to all students in accordance with state and federal laws and regulations that meet or exceed the following specifications:

(a) English language arts and mathematics assessments shall be aligned to Montana content standards in English language arts and mathematics and administered in grades 3-8 and 11;

(b) Science assessments shall be aligned to Montana content standards for science and administered in grades 5, 8, and 11; and

(4) State-level assessments aligned to Montana-English language proficiency standards shall be administered to all students identified as English Learners (EL) in grades (K-12). These assessments shall be administered mid-school year.

(5) The Board of Public Education may approve alternative grade levels and timelines for the administration of statewide assessments due to the availability of assessments and other academic factors.

(6) School districts shall use guidance provided by the Office of Public Instruction to inform parents/guardians about statewide assessments, including:

(a) the purpose;

(b) the source of the requirement;

(d) how teachers, principals, and district officials use the information about student performance; and

(e) how parents can use that information to help their child.

AUTH: Mont. Const. Art. X, sec. 9, 20-2-121, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA

NEW RULE II TEST SECURITY (1) The Office of Public Instruction has the responsibility to audit test administration activities to monitor adherence to test security and best practices without undue disruption to schools.

(2) All statewide assessments must be administered to students only by school district employees who have been trained and are familiar with standardized testing procedures.

(3) Suspected violations of test security must immediately be reported to the Office of Public Instruction.

(4) Failure to comply with the test administration and security requirements may result in the Office of Public Instruction making a recommendation for consequences to the Board of Public Education for further action within the limits of its authority.

AUTH: Mont. Const. Art. X, sec. 9, 20-2-121, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA

NEW RULE III ACCESSIBILITY AND ACCOMMODATIONS (1) Schools shall administer statewide assessments with or without accommodations based on individual student needs consistent with all state and federal laws and regulations.

(2) The Individualized Education Program (IEP) team for a student shall determine if the student meets the eligibility criteria for the statewide alternate assessment based on the alternate achievement standards.

(3) Schools shall use the guidance from the Superintendent of Public Instruction to identify English Learners (EL) and annually monitor individual progress in acquiring academic English consistent with all state and federal laws and regulations.

AUTH: Mont. Const. Art. X, sec. 9, 20-2-121, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA

NEW RULE IV REPORTING (1) The Superintendent of Public Instruction shall provide a report of the annual state assessment results to the Legislature and the Board of Public Education.

(2) The Superintendent of Public Instruction shall make available student assessment data in compliance with confidentiality requirements of federal and state law (20-7-104, MCA). To facilitate transparency, the statewide assessment results released to the public shall be accompanied by a clear statement of the purpose, subject areas assessed, description of proficiency levels, and the percentage of students who participated in the assessments.

(3) Statewide assessment results are a part of each student's permanent record as described in compliance with 20-1-213 and 20-7-104, MCA.

AUTH: Mont. Const. Art. X, sec. 9, 20-2-121, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA

4. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

10.56.101 ~~STUDEN~~T STATEWIDE ASSESSMENT (1) By the authority of 20-2-121(12), MCA, and ARM 10.55.603, the Board of Public Education adopts rules for state-level assessment in the public schools and those private schools seeking accreditation.

(2) The board recognizes that the primary purpose of assessment is to serve learning. A balanced assessment system including formative, interim, and summative assessments aligned to state content standards will provide an integrated approach to meeting both classroom learning needs and school and state level information needs. A balanced assessment system is structured to continuously improve teaching and learning and to inform education policy.

(3) In order to obtain state-level achievement information, all accredited schools shall annually administer a single system of state-level assessments approved by the board. The following state-level assessments shall be administered according to standardized procedures. Districts and schools shall ensure that all test administrators are trained in and follow those procedures.

~~(a) State-level assessments shall be administered to all students as specified below:~~

~~(i) The English language arts and mathematics assessments shall be aligned to Montana content standards in English language arts and mathematics and~~ ~~administered in grades 3-8 and 11;~~

~~(ii) The science assessments shall be aligned to Montana content standards for science and administered in grades 4, 8, and 10; and~~

~~(iii) The assessments shall be administered in the spring of the year.~~

(b) State-level assessments aligned to Montana English language proficiency standards shall be administered to all students identified as Limited English Proficient (LEP) in grades K-12. These assessments shall be administered mid- school year.

(c) The obligation for funding the assessments identified in (a) and (b) is an obligation of the state. This section may not be construed to require a school district to provide these assessments if the state does not have a current contract with test vendors for provision of these assessments to Montana school districts.

~~(4) State-level assessment results are a part of each student's permanent record as described in ARM 10.55.909.~~

~~(5) The Superintendent of Public Instruction shall provide a report of the results to the Legislature and annually to the board.~~

(6) The Superintendent of Public Instruction is authorized to make available the reported student assessment data in compliance with confidentiality requirements of federal and state law. State-level assessment results released to the public shall be accompanied by a clear statement of the purposes of the assessments, subject areas assessed, level of measurement of the content standards, and the percent of students who participated in the assessments. The Superintendent of Public Instruction will ensure transparency and public availability of public school performance data and reporting as outlined in 20-7-104, MCA.

~~(7) All students shall participate in the state-level assessments.~~

(a) For a student with disabilities, the student's individualized education program (IEP) team has the authority to specify accommodations to be provided, as defined in (8), for participation by the student in the state-level assessment.

(i) When an IEP team determines that an accommodation for a student's disability would still not allow for adequate measurement of the student's progress toward the content standards, the IEP team may waive using the approved state- level assessments by providing alternate assessments that are appropriate to determine the student's progress toward the content standards.

~~(b) For a student who has been identified through the district's process as LEP, accommodations may be provided, as defined in (8), for participation by the student in the state-level assessment.~~

(i) When the result of the district's process indicates that an accommodation for an LEP student who has had fewer than three years of instruction in English would still not allow for adequate measurement of the student's progress toward the content standards, the team of educators may waive using the approved state-level assessments by providing alternate assessments that are appropriate to determine the student's progress toward the content standards.

(8) Accommodations allow a student to demonstrate competence in subject matter so that state-level assessment results accurately reflect the student's achievement level rather than limited English language development or impaired sensory or manual skills, except where those skills are the factors which the assessment purports to measure.

~~(a) Accommodations for state-level assessment purposes are defined as modifications of the test administration procedures similar to those used to assess the student in the instructional setting.~~

(b) Accommodations vary for the state required tests under (3)(a) through (c) and are dependent on the knowledge and skills being measured. Test-specific accommodations are detailed in test administration manuals.

~~(c) The Superintendent of Public Instruction shall provide guidance to schools concerning appropriate accommodations.~~

(9) The Superintendent of Public Instruction shall recommend in writing to the board any modifications to the single system of state level assessment as set forth in (3)(a)(i) through (iii). The board may consider recommended modifications as an information item on an agenda at a board meeting. At that meeting, the board may vote to list the recommendations as an action item on the agenda of a subsequent board meeting. Unless approved by the board, no recommended modifications are effective and no accredited schools may implement the recommended modifications.

(2) The Board of Public Education (board) recognizes that the primary purpose of assessment is to serve learning. A balanced assessment system including formative, interim, and summative assessments aligned to state content standards, will provide an integrated approach to meeting both classroom learning needs and school and state level information needs. A balanced assessment system is structured to continuously improve teaching and learning and to inform education policy.

(3) The obligation for funding the assessments is the responsibility of the state. This chapter may not be construed to require a school district to provide these assessments if the state does not have a current contract with test vendors for provision of these assessments to Montana school districts.

(4) The Superintendent of Public Instruction shall recommend in writing to the board any modifications to the single system of state level assessment as set forth in (2). The board may consider recommended modifications as an information item on an agenda at a board meeting. At that meeting, the board may vote to list the recommendations as an action item on the agenda of a subsequent board meeting. Unless approved by the board, no recommended modifications are effective and no accredited schools may implement the recommended modifications.

(5) When developing a recommendation to the board for adopting statewide assessments the Superintendent of Public Instruction will include implications including alignment to content standards.

(6) The Superintendent of Public Instruction shall:

(a) ensure Montana educators participate in the process;

(b) ensure that all statewide test items are field tested before being used to determine proficiency; and

AUTH: Mont. Const. Art. X, sec. 9, 20-2-121, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-7-402, MCA

5. REASON: Using the negotiated rulemaking process involving independent stakeholder groups, Superintendent of Public Instruction, Elsie Arntzen has developed recommendations for the revision of Chapter 56 Assessment to reflect several major developments in statewide assessments including the 2015 reauthorization of the Elementary and Secondary Education Act (ESEA), the 2016 adoption of new science standards, the 2017 U.S. Department of Education peer review for three single statewide summative assessments, and the 2018 U.S. Department of Education’s approval of Montana’s State ESEA Plan.

The Board of Public Education has determined it is reasonable and necessary to adopt and amend rules relating to student assessment pursuant to ARM 10.56.101 to stay consistent with the 2015 reauthorization of the ESEA and with meeting the required peer review under the U.S. Department of Education. The amendments were determined to be representative of federal changes since 2015 including the reauthorization of ESEA, state adoption and implementation of science standards (ARM 10.53.801 through 10.53.810), and issues with the technical aspects of the Montana assessment system including peer review and test security under Title I.

6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Pete Donovan, Executive Director, Board of Public Education, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail [email protected], and must be received no later than 5:00 p.m., June 26, 2019.

7. Pete Donovan, Executive Director, has been designated to preside over and conduct this hearing.

8. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e- mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 2 above or may be made by completing a request form at any rules hearing held by the board.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

10. With regard to the requirements of 2-4-111, MCA, the board has determined that the adoption and amendment of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Pete Donovan /s/ Darlene Schottle

Pete Donovan Darlene Schottle

Rule Reviewer Chair

Board of Public Education

Certified to the Secretary of State May 14, 2019.