A BILL TO BE ENTITLED
AN ACT to modify the state school testing program.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑12(9a) reads as rewritten:
"§ 115C‑12.  Powers and duties of the Board generally.
The general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish policy for the system of free public schools, subject to laws enacted by the General Assembly. The powers and duties of the State Board of Education are defined as follows:
…
(9a)	Power to Develop Content Standards. – The Board shall develop a comprehensive plan to revise content standards and the standard course of study in the core academic areas of reading, writing, mathematics, science, history, geography, and civics. The Board shall involve and survey a representative sample of parents, teachers, and the public to help determine academic content standard priorities and usefulness of the content standards. A full review of available and relevant academic content standards that are rigorous, specific, sequenced, clear, focused, and measurable shall be a part of the process of the development of content standards. The revised content standards developed in the core academic areas shall (i) reflect high expectations for students and an in‑depth mastery of the content; (ii) be clearly grounded in the content of each academic area; (iii) be defined grade‑by‑grade and course‑by‑course; (iv) be understandable to parents and teachers; (v) be developed in full recognition of the time available to teach the core academic areas at each grade level; (vi) be measurable in grades three through eight by nationally normed achievement tests, and (vii) be measurable in a reliable, valid, and efficient manner for accountability purposes.
High school course content standards shall include the knowledge and skills necessary to enter the workforce and also shall be aligned with the coursework required for admission to the constituent institutions of The University of North Carolina. The Board shall develop and implement a plan for end‑of‑course tests for the minimum courses required for admission to the constituent institutions. All end‑of‑course tests shall be aligned with the content standards.
The Board also shall develop and implement an ongoing process to align State programs and support materials with the revised academic content standards for each core academic area on a regular basis. Alignment shall include revising textbook criteria, support materials, State tests, teacher and school administrator preparation, and ongoing professional development programs to be compatible with content standards. The Board shall develop and make available to teachers and parents support materials, including teacher and parent guides, for academic content standards. The State Board of Education shall work in collaboration with the Board of Governors of The University of North Carolina to ensure that teacher and school administrator degree programs, ongoing professional development and other university activity in the State's public schools align with the State Board's priorities."
SECTION 2.  G.S. 115C‑174.11(c) reads as rewritten:
"(c)	Annual Testing Program.
(1)	The State Board of Education shall adopt a system of annual testing for grades three through 12. These tests shall be designed to measure academic	progress for grades three through eight, and academic progress toward competencies designated by the State Board for grades nine through 12. 
The tests adopted for grades three through eight shall be nationally normed achievement tests developed by a testing company. The State Board shall adopt these tests after consultation with the advisory committee established pursuant to subdivision (1a) of this subsection. These tests shall be administered for no more than five days in a school year or the minimum amount of days required by the federal No Child Left Behind Act of 2001.Students who  score below the national average in reading or mathematics for eighth grade shall be provided remedial instruction in the ninth grade. This assistance shall be calculated to prepare the students to pass the competency test administered under subsection (b) of this section. 
(1a)	There is hereby established an advisory committee to assist the State Board of Education with test selection. The advisory committee shall consist of:
a.	Three members of the Senate, appointed by the President Pro Tempore of the Senate;
b.	Three members of the House of Representatives, appointed by the Speaker of the House of Representatives;
c.	The chair of the State Board of Education;
d.	The Superintendent of Public Instruction;
e.	One representative of higher education, one teacher, and one parent, appointed by the President Pro Tempore of the Senate; and
f.	One teacher certified in special education, one other teacher, and one parent, appointed by the Speaker of the House of Representatives.
The Legislative Services Office shall provide staff to the advisory committee.
(2)	If the State Board of Education finds that additional testing in grades 9 through 12 is desirable to allow comparisons with national indicators of student achievement, that testing shall be conducted with the smallest size sample of students necessary to assure valid comparisons with other states."
SECTION 3.  G.S. 115C‑174.12 reads as rewritten:
"§ 115C‑174.12.  Responsibilities of agencies.
(a)	The State Board of Education shall establish policies and guidelines necessary for minimizing the time students spend taking tests administered through State and local testing programs, for minimizing the frequency of field testing in grades nine through 12 at any one school, and for otherwise carrying out the provisions of this Article. These policies shall reflect standard testing practices to insure reliability and validity of the sample testing. The results of the field tests shall be used in the final design of each test for grades nine through 12. The State Board of Education's policies regarding the testing of children with disabilities shall (i) provide broad accommodations and alternate methods of assessment that are consistent with a child's individualized education program and section 504 (29 U.S.C. § 794) plans, (ii) prohibit the use of statewide tests as the sole determinant of decisions about a child's graduation or promotion, and (iii) provide parents with information about the Statewide Testing Program and options for students with disabilities. The State Board shall contract with testing companies to provide broad accommodations and alternate methods of assessment for children in grades three through eight that are consistent with each child's individualized education program and section 504 (29 U.S.C. § 794) plans. The State Board shall report its proposed policies and proposed changes in policies to the Joint Legislative Education Oversight Committee prior to adoption.
The State Board of Education may appoint an Advisory Council on Testing to assist in carrying out its responsibilities under this Article.
(a1)	The State Board of Education shall adopt rules prohibiting schools from using guidance counselors to coordinate or administer the testing program for more than 10 days during the school year.
(b)	The Superintendent of Public Instruction shall be responsible, under policies adopted by the State Board of Education, for the statewide administration of the testing program provided by this Article.
(b1)	The Superintendent shall notify local boards of education by October 1 of each year of any field tests in grades nine through 12 that will be administered in their schools during the school year, the schools at which the field tests will be administered, and the specific field tests that will be administered at each school.
(c)	Local boards of education shall cooperate with the State Board of Education in implementing the provisions of this Article, including the regulations and policies established by the State Board of Education. Local school administrative units shall use the annual and competency testing programs to fulfill the purposes set out in this Article. Local school administrative units are encouraged to continue to develop local testing programs designed to diagnose student needs  further; however, local school administrative units shall not administer locally adopted standardized tests in addition to the nationally normed achievement tests adopted by the State Board of Education for grades three through eight."
SECTION 4.  This act becomes effective July 1, 2005, and applies beginning with the 2005‑2006 school year.