2015 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary And Secondary Education Generally
Chapter 15 - Educational Standards and Quality Generally
Subchapter 20 - Public School Student Progression
§ 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 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 end-of-course assessments and college and career readiness measurements required by §§ 6-15-419 and 6-15-433 as established by the state board and this section.

(4) (A) The State Board of Education shall determine the requisite scale score of student performance on each assessment or measurement required in subdivisions (a)(1)-(3) of this section.

(B) The State Board of Education shall make its determination of the requisite scale score of student performance on college and career readiness measurements used for college placement in conjunction with the Arkansas Higher Education Coordinating Board.

(b) (1) A student identified as not meeting the satisfactory pass levels in the immediate previously administered state-mandated assessment shall participate in the remediation activities as required in the student's 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 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 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 state-mandated 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 state-mandated assessment for the current grade level in which the student is retained.

(c) (1) A student required to take an end-of-course assessment who is identified as not meeting the requisite scale score for the end-of-course assessment shall participate in the remediation activities as required in the student's 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 academic improvement plan shall include remediation activities focused on those areas in which a student failed to meet the requisite scale score of an end-of-course assessment.

(3) A student who is identified as not meeting the requisite scale score for an end-of-course assessment shall not receive academic credit on his or her transcript for the course related to the end-of-course assessment until the student is identified as having participated in remediation through an academic improvement plan.

(d) (1) The state board may require remediation activities and an academic improvement plan for a student in grades in which a state-mandated assessment is required.

(2) The state board may require that the academic improvement plan include one (1) or more opportunities for a student to retake the measurement.

(3) For the purpose of a college and career readiness measurement, remediation shall not require that a student pass a subsequent college and career readiness measurement in order to graduate from an Arkansas high school.

(e) (1) 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 item and task prototypes for the English language arts and mathematics assessments required by this section or a selection of actual items and tasks from the most recent assessments.

(4) (A) The state board shall promulgate rules to establish cut scores, remediation programs required in this section, and other components of the state assessment program necessary to administer the provisions of this section.

(B) Remedial activities and instruction provided during high school shall not be in lieu of English language arts, mathematics, science, history, or other core courses required for graduation.

(5) Each school year, the department shall establish and publish by commissioner's memo an assessment cycle for state-required assessments that a public school district shall follow unless the public school district has obtained a written waiver from the department.

(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) 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.