S4652

An Act concerning Statewide assessments, supplementing P.L.1979, c.241 (C.18A:7C-1 et seq.), and amending and repealing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) As used in sections 1 through 3 of P.L. , c. (C. ) (pending before the Legislature as this bill):

"Commercially-developed standardized assessment" means a State-required assessment that: is administered by a school district or charter school; requires all students in a grade to answer the same questions, or a selection of questions from a common bank of questions, in the same manner; and is developed and scored by an entity under contract with a board of education. A commercially-developed standardized assessment shall not include district-mandated assessments or diagnostic and formative assessments used by teaching staff members to identify particular student learning needs or the need for special services, or to modify instructional strategies to improve an individual student's learning.

"State assessment" means an assessment required pursuant to State or federal law and administered to all students in a specific grade level or subject area and whose results are aggregated for analysis at the district, school, or student subgroup level.

2. (New section) a. The Department of Education shall provide each school district with the results of any State assessment or commercially-developed standardized assessment administered to the district’s students within 30 days of the administration of the test.

b. A school district shall provide the parents or guardians of a student enrolled in the district the results of any State assessment or commercially-developed standardized assessment administered to the student within 14 days of receiving the results from the department pursuant to subsection a. of this section.

3. (New section) a. The Commissioner of Education shall review, and determine the continued applicability of, any State assessment or commercially-developed standardized assessment that is administered to students in grades three through 12 as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The commissioner shall discontinue the use of any assessment that is not necessary for complying with the requirements of State or federal law.

b. Within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall develop guidelines that provide best practices for school districts in preparing students to take any State assessment or commercially-developed standardized assessment, including guidelines on limiting the amount of instructional time to be spent on test preparation for these assessments.

c. Nothing in this section shall be construed to limit the ability of a classroom teacher or board of education to develop, administer, and score an assessment for an individual classroom, grade level, or group of grade levels in any subject area in grades three through 12.

4. (New section) Notwithstanding the provisions of any law, rule, or regulation to the contrary, the State Board of Education shall not require as part of the standards for graduation from high school, developed pursuant to section 1 of P.L.1979, c.241 (C.18A:7C-1), that any high school student achieve satisfactory performance on any Statewide proficiency test.

5. Section 1 of P.L.1979, c.241 (C.18A:7C-1) is amended to read as follows:

1. By July 1, 1980 the Commissioner of Education with the approval of the State Board of Education shall establish a program of standards for graduation from [secondary] high school. [Such a] The program shall include, but not be limited to:

a. [The development of a Statewide assessment test in reading, writing and computational skills to be administered to all secondary school pupils as provided herein;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

b. [Clear and explicit] Statewide levels of proficiency in reading, writing, and computational skills to be demonstrated as a minimum requirement for high school graduation;

c. Guidelines for the development of graduation standards by local boards of education;

d. Guidelines for remediation procedures for [pupils] students who fail to meet graduation standards; and

e. Guidelines for graduation standards for those [pupils] students classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes.

(cf: P.L.1979, c.241, s.1)

6. Section 2 of P.L.1979, c.241 (C.18A:7C-2) is amended to read as follows:

2. Pursuant to guidelines established by the Commissioner of Education, each board of education shall establish standards for graduation from its [secondary] high schools. The standards shall include, but [need] not be limited to:

a. [Satisfactory performance on the Statewide assessment test as provided for in section 1 of P.L.1979, c.241 (C.18A:7C-1);] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

b. Demonstration of proficiencies in those subject areas and skills identified by the board as necessary for graduation [other than those assessed by the Statewide assessment tests].

The [Commissioner of Education] commissioner shall monitor local plans for the assessment of proficiencies required for graduation including techniques and instruments to be used to determine [pupil] student proficiency; required programs designed to provide the opportunity for [pupils] students to progress toward the mastery of proficiencies required for graduation; and remediation programs for [pupils] students who fail to meet graduation proficiency standards in order to assure compliance with the requirement of P.L.1979, c.241 (C.18A:7C-1 et seq.).

The [Commissioner of Education] commissioner shall, upon request of the local board, provide [such] technical assistance as may be necessary to aid a district in the planning, implementation, and evaluation of graduation standards.

(cf: P.L.1996, c.138, s.46)

7. Section 3 of P.L.1979, c.241 (C.18A:7C-3) is amended to read as follows:

For any student who [does not meet the State and district examination standards] has not demonstrated satisfactory progress towards meeting the State and local requirements for graduation by the end of 11th grade, the local board of education when appropriate shall provide additional remedial instruction specifically directed toward mastery of those proficiencies identified as necessary for the awarding of a diploma, which may include, but [need] not be limited to, an extended school year, extended school day, or additional school years.

Any [12th grade] student in grade 12 who does not meet [said] the requirements but who has met all the credit, curriculum, and attendance requirements shall be eligible for a comprehensive assessment of [said] these proficiencies utilizing techniques and instruments other than standardized tests, which techniques and instruments shall have been approved by the Commissioner of Education as fulfilling State and local graduation requirements.

(cf: P.L.1988, c.168, s.1)

8. Section 4 of P.L.1979, c.241 (C.18A:7C-4) is amended to read as follows:

4. All students who meet State and local graduation requirements shall receive a State endorsed diploma; provided, however, that the Commissioner of Education shall approve any State endorsed diploma which utilizes the comprehensive assessment techniques as provided in section 3 of P.L.1979, c.241 (C.18A:7C-3).

Local districts may not provide a high school diploma to students not meeting these standards. Any out-of-school youth or adult age 18 or over who has otherwise met the district graduation requirements but has [failed to earn] not previously been granted a State endorsed diploma [may take the graduation proficiencies test which has been developed and administered under the auspices of the Commissioner of Education. Upon passing this test, a State endorsed diploma will be granted] may apply for and shall be granted a State endorsed diploma.

Each board of education shall provide, in a format approved by the [Commissioner of Education] commissioner, a performance transcript for each student leaving [secondary] high school.

(cf: P.L.1988, c.168, s.2)

9. Section 5 of P.L.1979, c.241 (C.18A:7C-5) is amended to read as follows:

Upon adoption by the local board of education, each board of education shall provide each high school [pupil] student and the parents or legal guardians of [such pupil] the student with a copy of [said] the board's policy on graduation, including a clear statement of the proficiencies required for graduation and those programs available to assist in attaining those levels of proficiency.

(cf: P.L.1979, c. 241, s. 5)

10. Section 3 of P.L.1995, c.235 (C.18A:7E-3) is amended to read as follows:

3. Report cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2) shall include, but not be limited to, the following information for:

a. the school district and for each school within the district, as appropriate:

(1) results of the elementary assessment programs;

(2) results of the Early Warning Test;

(3) [results of the High School Proficiency Test;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(4) daily attendance records for students and professional staff;

(5) student graduation and dropout rates;

(6) annual student scores on the Scholastic Aptitude Test;

(7) total student enrollment, percentage of [limited English proficient students] multilingual learners, percentage of students in advanced placement courses, and any other school characteristics which the commissioner deems appropriate;

(8) instructional resources including teacher/student ratio, average class size and amount of instructional time per day, as calculated by formulas specified by the commissioner;

(9) a written narrative by the school principal or a designee which describes any special achievements, events, problems or initiatives of the school or district;

(10) data identifying the number and nature of all reports of harassment, intimidation, or bullying;

(11) indicators of student career readiness;

(12) the number and percentage of students who were chronically absent, as defined in rules and regulations promulgated by the Commissioner of Education within 90 days of the effective date of P.L.2018, c.23 (C.18A:38-25.1 et al.), including the number and percentage of students who were chronically absent disaggregated by multiple student subgroups to be determined by the commissioner;

(13) the number, percentage, and demographics, including race, gender, disability, grade level, and eligibility for free or reduced-price lunch under the National School Lunch Program, of students who received one or more suspensions or expulsions or who were reported to or arrested by law enforcement, by category of offense, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials; and

(14) the number of school psychologists, school counselors, social workers, student assistance coordinators, and other mental health professionals employed by, or under contract with, the school district to provide mental health services to students, and the ratio of students to the total number of mental health professionals providing services in the school and the district; and

(15) the number of school safety specialists; and

b. the school district, as appropriate:

(1) per pupil expenditures and State aid ratio;

(2) percent of budget allocated for salaries and benefits of administrative personnel;

(3) percent of budget allocated for salaries and benefits of teachers;

(4) percentage increase over the previous year for salaries and benefits of administrative and instructional personnel;

(5) the number of administrative personnel and the ratio of administrative personnel to instructional personnel;

(6) a profile of the most recent graduating class concerning their educational or employment plans following graduation; and

(7) any other information which the commissioner deems appropriate.

For the purposes of this section, the [Commissioner of Education] commissioner shall establish a uniform methodology for

the reporting of the data concerning administrative personnel on a full-time equivalent basis.

(cf: P.L.2021, c.387, s.1)

11. Section 10 of P.L.2011, c.176 (C.18A:36C-10) is amended to read as follows:

10. a. The renaissance school project shall be authorized for 10 years from the date of opening, subject to periodic reviews by the commissioner. The renaissance school project shall be automatically renewed for additional five-year periods provided there is not a breach of the agreement that outlines the terms and conditions of the renaissance school project.

Every [ten] 10 years, the commissioner shall conduct a comprehensive review of the renaissance school project prior to granting a renewal. Renewal at these 10-year intervals shall be presumed provided there is not a breach of the agreement that outlines the terms and conditions of the renaissance school project and the renaissance school project's average percent of students proficient on the New Jersey [Assessment of Skills and Knowledge] Student Learning Assessments, if the school includes any grades from three to eight, [or on the New Jersey High School Proficiency Assessment, if the school includes grades 11 and 12,] exceed the average percent of students proficient for the renaissance school district in which it is located in like grades by 15 percent or more in language arts literacy, mathematics, or both after five years, and 25 percent or more in language arts literacy, mathematics, or both after [ten] 10 years, or achieves the State-level proficiency standards during that period.

b. The commissioner shall periodically assess whether each renaissance school project is meeting its goals and improving student achievement. In order to facilitate the commissioner's review, each renaissance school project shall submit an annual report to the commissioner in the form prescribed by the commissioner. The report shall be received annually by August 1 and shall be made publicly available immediately thereafter, including on the Department of Education's website.

c. The commissioner shall have on-going access to the records and facilities of the renaissance school project and the nonprofit entity to ensure that the renaissance school project is in compliance with its organizational document and with State laws and regulations.

d. Five years following the date of the opening of the third renaissance school project, or [ten] 10 years after the opening of the first renaissance school project, whichever occurs first, a review of the efficacy of the program shall be conducted by an independent education researcher or research organization selected by the commissioner. The independent review shall be funded by the Department of Education. The review shall include interviews with staff, parents, and resident district representatives, and a fiscal and educational assessment. The commissioner shall report the results of the review to the Governor, the State Board of Education, and to the Legislature as provided pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and, in addition, the Governor shall report on the efficacy of the renaissance school projects in educating students and whether additional renaissance school districts should be authorized and, if so, how many. The commissioner shall also recommend any changes to this act deemed appropriate based on experience with the renaissance school projects and the independent review.

(cf: P.L.2011, c.176, s.10)

12. The following sections are repealed:

Section 6 of P.L.1979, c.241 (C.18A:7C-6);

Section 5 of P.L.1988, c.168 (C.18A:7C-6.1);

Section 7 of P.L.1988, c.168 (C.18A:7C-10); and

Section 8 of P.L.1988, c.168 (C.18A:7C-11).

13. This act shall take effect immediately and sections 4 through 9 shall first apply to students entering grade 12 in the 2027-2028 school year.

STATEMENT

This bill requires transparency, standards, and discontinuance of certain Statewide assessments. It also eliminates the high school graduation proficiency test.

State Board of Education regulations require the Department of Education to provide certain information to school districts after each administration of the Statewide assessments. This information includes individualized test results for each student in the districts. There is no statute or regulation, however, specifying a timeframe in which the department is required to release these test results to the school district. Additionally, State board regulations require chief school administrators to provide educators, parents, and students with the results of Statewide assessments within 30 days of receipt of the information from the department.

This bill specifies that the department is to provide these test results to each school district within 30 days of the administration of the test. Under the bill, a school district would then have 14 days to provide those results to the parents or guardians of students enrolled in the district.

The bill also requires the Commissioner of Education to review, and determine the continued applicability of, State assessments or commercially-developed standardized assessments that are administered to students in grades three through 12. The bill requires the commissioner to discontinue the use of any assessment that is not necessary for complying with the requirements of State or federal law. The bill clarifies that it is not to be construed to limit the ability of a classroom teacher or board of education to develop, administer, and score an assessment for an individual classroom, grade level, or group of grade levels in any subject area in grades three through 12.

Under the bill, the commissioner would develop guidelines that provide best practices for school districts in preparing students for taking any State assessment or commercially-developed standardized assessment. The best practices will include guidelines on limiting the amount of instructional time to be spent on test preparation for these assessments.

The bill further prohibits the State Board of Education from including in the standards for graduation from high school a requirement that students achieve satisfactory performance on the Statewide graduation proficiency test.

The bill amends current law to remove various references to the graduation proficiency test, including: the requirement that a Statewide proficiency test be included in the State or district standards for graduation from high school; the requirement that an out-of-school youth or adult age 18 or older pass the graduation proficiency test before being granted a State endorsed diploma; the requirement that school district report cards include information regarding the results of the graduation proficiency test; and the requirement that renaissance school projects be evaluated based on students’ performance on the graduation proficiency test.

Finally, the bill repeals the section of law that requires the State to administer a graduation proficiency test to all 11th grade students and certain 12th grade students, and repeals the section of law that requires the Commissioner of Education to consult with educators, parents, students, business and community representatives, and members of minority groups while developing the graduation proficiency test. The bill also repeals sections of law requiring the commissioner and the Joint Committee on the Public Schools to review and report on student performance on the graduation proficiency test.