(1) DEFINITIONS.

(a) Assessing Comprehension and Communication in English State to State for English Language Learners (ACCESS for ELLs) – an English language proficiency test administered annually to all English learners (EL) in Georgia for the purposes of determining the English language proficiency level of students; providing districts with information that will help them evaluate the effectiveness of their ESOL programs; providing information that enhances instruction and learning in programs for English learners; assessing the annual English language proficiency gains using a standards-based assessment instrument; and providing data for meeting federal and state requirements with respect to student assessment.

(b) Accommodation – an allowable alteration in the administration of an assessment that assists students with access to participate and is clearly documented within a student’s Individualized Education Program (IEP) team, Section 504 Individual Accommodation Plan (IAP) Committee, or English Learner (EL) Testing Participation Committee. An accommodation is provided to a student during assessment to ensure that the assessment measures what the student knows and is able to do.
(c) Conditional Administration – a test administration in which a more expansive accommodation is utilized to provide access for a small number of eligible students with more severe disabilities or more limited English proficiency and who, therefore, would not be able to access the assessment without such assistance.

(d) Core Courses – courses chosen from English/language arts, mathematics, science, social studies and foreign language for a high school diploma. For a Technology/Career-preparatory program of study, four Technology/Career-preparatory units are also considered to be core courses. (Rule 160-4-2-.48 High School Graduation Requirements; Rule 160-4-2-.20 List of State-Funded K-8 Subjects and 9-12 Courses for Students Entering Ninth Grade in 2008 and Subsequent Years).

(e) Criterion-Referenced Test (CRT) – a test designed to measure how well students are doing relative to predetermined performance levels on a specified set of education goals included in a set of content standards or curriculum.

(f) English Learner (EL) Student – a student whose primary or home language is one other than English (PHLOTE) and who is eligible for services based on the results of a language placement assessment and, if warranted, additional assessments specified in Rule 160-4-5-.02 Language Assistance: Programs for English Learners.

(g) English Learner Monitored (EL-M) Student – a student whose primary or home language is not English and who, based on state English to Speakers of Languages (ESOL) program criteria, has exited the ESOL program or an alternative language assistance program in the past two years.

(h) EL Testing Participation Committee – a committee convened to make testing decisions for EL students. This committee can serve as part of the Language Assessment Conference as defined in 160-4-5-.02 Language Assistance: Programs for English Learners.

(i) Georgia Alternate Assessment (GAA) – an alternate assessment based on alternate achievement standards for students with significant cognitive disabilities identified and served in accordance with the Individuals with Disabilities Education Act (IDEA) and whose IEP team has determined they are unable to reasonably participate in the regular assessment program. The purpose of the GAA is to ensure all students, including students with significant cognitive disabilities, are provided access to the state- adopted content standards and given the opportunity to demonstrate progress toward achievement of the state standards.

(j) Georgia High School Graduation Tests (GHSGT) – a set of four standards-based assessments that some students, who enrolled for the first time in ninth-grade prior to July 1, 2011, must pass in order to earn a regular Georgia high school diploma. Students who enrolled in ninth grade for the first time between July 1, 2008 and June 30, 2011, may post a passing score on one subject-area End of Course Test in lieu of passing the corresponding content-area GHSGT.

(k) Georgia High School Writing Test (GHSWT) – a performance-based writing assessment that is taken for the first time in fall of the 11th grade. Students who enrolled in ninth grade prior to July 1, 2013 must pass this test in order to earn a regular Georgia high school diploma.

(l) Georgia Kindergarten Inventory of Developing Skills (GKIDS) – a performance assessment designed to provide teachers with information about the level of instructional support needed by individual students enrolled in kindergarten and their readiness for first grade.

(m) Georgia Milestones Assessment System (Georgia Milestones) – a criterion-referenced test, administered in grades 3 – 8 at the end of each grade and high school at the end of each State Board identified course designed to measure student mastery of the state’s content standards and provide a signal of preparedness for the next grade, course, or educational endeavor, be that college or career. Georgia Milestones includes a norm-referenced component to provide national comparison data.

(n) Grade-Level Student – a student who is reported to the department at a grade level in accordance with Rule 160-5-1-.07 Student Data Collection.

(o) Individualized Education Program (IEP) – a written statement of special education, related services, and, as appropriate, transition services, that meets the unique needs of the student with a disability. An IEP also includes any specific test administration accommodations, needed instructional modifications, and supports for the student with a disability. The IEP is developed, reviewed, and revised by an appropriately staffed IEP team, including the student’s parent(s). (Rule 160-4-7-.21 Definitions).

(p) Individuals with Disabilities Education Act (IDEA) – the federal law that was enacted to ensure that all students with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living; to ensure that the rights of students with disabilities and their parents are protected; to assist states, localities, educational service agencies, and federal agencies to provide for the education of students with disabilities; and to assess and ensure the effectiveness of efforts to educate students with disabilities. (Rule 160-4-7-.21 Definitions).

(q) Language Proficiency Assessment – an assessment of an EL student’s: (1) progress in the acquisition of the English language in the areas of listening, speaking, reading and writing; and (2) attainment of a prescribed level of performance in listening, speaking, reading, and writing to enable a student to communicate independently and effectively in both social and academic settings.

(r) Modification – an alteration in the administration of an assessment that results in a change in the content or construct being assessed, typically either through the addition or removal of content; modifications are strictly prohibited on state assessments.

(s) National Assessment of Educational Progress (NAEP) – a federally mandated and funded assessment program that is designed to gather information about what fourth, eighth , and twelfth grade students know and can do in a variety of key subject areas and is given to a sample of students in all states.

(t) Non-standard Administration – a test administration in which the procedures and directions included in the administration manual are not followed exactly.

(u) Norm-referenced Test (NRT) – a test designed to provide information on how well students perform in comparison to an external reference group or norm group.

(v) Section 504 Student – a student who currently has an impairment that substantially limits one or more major life activities, who has a record of such impairment or who is regarded as having such an impairment, and who may not be eligible for services under IDEA.

(w) Special Education – specially designed instruction provided at no cost to parents that meets the unique needs of a student with a disability. Special education includes instruction in the classroom, in the home, in hospitals, institutions and other settings, physical education, travel training and vocational education. (Rule 160-4-7-.21 Definitions).

(x) Standard Administration – a test administration in which the procedures and directions included in the administration manual are followed exactly.

(y) Standard Setting – a research-based process that involves subject matter experts and stakeholders using both judgmental methods and performance data to determine the number correct scores (i.e., cut scores) required to achieve established performance levels.

(z) Student with Disabilities – a student who is classified as disabled according to Rule 160-4-7-.21 Definitions and/or according to Section 504 of the 1973 Rehabilitation Act [34 C.F.R. §104.33 (a)]

(2) GEORGIA STUDENT ASSESSMENT PROGRAM REQUIREMENTS.

Each local system shall assess all students using State Board-designated assessment instruments, as required. An IEP team, under limited circumstances and in accordance with Georgia Department of Education and federal guidelines, may consider the State Board-approved alternate assessment for a small number of students with significant cognitive disabilities (approximately 1%) who receive special education services and are unable to participate in the general assessment. The State Board approved alternate assessment based on alternate achievement standards shall be the Georgia Alternate Assessment (GAA) for students in grades K – 12 in language arts, mathematics, science, and social studies.

When an EL Testing Participation Committee, in accordance with Georgia Department of Education and federal guidelines, determines that it is not in the best educational interest for an EL student enrolled for the first time in a U.S. school to participate in a content area assessment other than mathematics or science, the EL Testing Participation Committee will document the decision and require the student’s participation in the appropriate State Board approved language proficiency assessment. All EL students must participate in mathematics and science content area assessments regardless of length of time in a U.S. school. Such documentation is to be in accordance with Georgia Department of Education and federal guidelines. All EL students must participate annually in the state-adopted English proficiency assessment.

(a) KINDERGARTEN ASSESSMENT.

1. Each local school system shall assure that the following requirements are met.

(i) All kindergarten students shall be assessed using the Georgia Kindergarten Inventory of Developing Skills (GKIDS) during their kindergarten year as the school readiness assessment for first grade, and

(ii) Only certified teachers of kindergarten or first grade students and who have been trained in the use of the GKIDS, shall administer the assessment.

2. The local school system shall use information obtained from the administration of the GKIDS to make placement decisions on an individual student basis. Documentation that supports an individual retention decision shall be on file in the student’s permanent record. The information obtained by the GKIDS shall be used as part of the required written documentation. The student’s parent/guardian shall be notified of the final placement decision. The local school system shall provide alternative, and developmentally appropriate instruction to students who spend a second year in kindergarten.

(b) FIRST-GRADE ASSESSMENT. Subject to appropriations, local systems shall assess all first-grade students with the state-adopted reading, and mathematics tests annually according to a schedule established by the State Board of Education.

(c) SECOND-GRADE ASSESSMENT. Subject to appropriations, local systems shall assess all second-grade students with the state-adopted reading, and mathematics tests annually according to a schedule established by the State Board of Education.

(d) THIRD-GRADE ASSESSMENTS. Local systems shall assess all third-grade students with the state-adopted English/language arts, mathematics, science, and social studies tests annually according to a schedule established by the State Board of Education.

(e) FOURTH-GRADE ASSESSMENT. Local systems shall assess all fourth-grade students with the state-adopted English/language arts, mathematics, science, and social studies tests annually according to a schedule established by the State Board of Education.

(f) FIFTH-GRADE ASSESSMENTS. Local systems shall assess all fifth-grade students with the state-adopted English/language arts, mathematics, science, and social studies tests annually according to a schedule established by the State Board of Education.

(g) SIXTH-GRADE ASSESSMENT. Local systems shall assess all sixth-grade students with the state-adopted English/language arts, mathematics, science, and social studies tests annually according to a schedule established by the State Board of Education.

(h) SEVENTH-GRADE ASSESSMENT. Local systems shall assess all seventh-grade students with the state-adopted English/language arts, mathematics, science, and social studies tests annually according to a schedule established by the State Board of Education.

(i) EIGHTH-GRADE ASSESSMENTS. Local systems shall assess all eighth-grade students with the state-adopted English/language arts, mathematics, science, and social studies tests annually according to a schedule established by the State Board of Education.

(j) HIGH SCHOOL GRADUATION ASSESSMENTS.

1. The local school system shall assess all students who entered ninth grade prior to July 1, 1991 with the Basic Skills Tests (BST). All students who entered ninth grade for the first time between July 1, 1991, and June 30, 2011, are required to post passing scores on the English/language arts and mathematics portions of the GHSGT as one requirement to be eligible to receive a high school diploma. Students who entered ninth grade for the first time between July 1, 1993, and June 30, 2011, are also required to pass the social studies portion of the GHSGT as one requirement to be eligible to receive a high school diploma. Students who entered ninth grade for the first time between July 1, 1994, and June 30, 2011, are also required to pass the science portion of the GHSGT as one requirement to be eligible to receive a high school diploma. The Georgia High School Graduation Tests (GHSGT) measure English/language arts, mathematics, science, and social studies knowledge and skills, as well as process and application skills as assessed in a range of academic content.

2. Students who entered ninth grade for the first time between July 1, 2008, and June 30, 2011, may satisfy the GHSGT requirement for graduation by achieving proficiency (meeting the standard) on one of the two End of Course Tests (EOCT) in each subject area (language arts, mathematics, science, and social studies) or passing the corresponding subject-area GHSGT.

3. Students who enter ninth grade for the first time on July 1, 2011 or after shall not take and therefore are not required to pass the GHSGT.

4. All students who entered ninth grade after July 1, 1991, and before July 1, 2013, must pass the Georgia High School Writing Test (GHSWT) as one requirement for receiving a high school diploma. The GHSWT measures their ability to communicate in a written format.

5. Students who entered ninth grade for the first time on July 1, 2013 or after shall not take and therefore are not required to pass the GHSWT.

6. The local system shall assess students transferring into a Georgia school system from private schools, home study programs, other states or countries who meet the criteria established in paragraph (2)(j).

7. Students who have dropped out of school without having met all of the assessment and other graduation requirements and have returned without having been enrolled in any Georgia public school for one academic year or more shall meet the graduation assessment criteria for passing in effect for the class in which they re-enroll.

8. Students who have dropped out of school having met all graduation assessment requirements in effect when they were last enrolled in a Georgia public school shall be eligible for exemption from the graduation assessment requirements in effect for the class in which they re-enroll.

9. Students who graduate with a special education diploma or exit school with a certificate and who have met all graduation requirements except passing the graduation assessments shall meet the passing criteria in effect at the time of their graduation or exit.

10. There shall be no limit to the number of times a student may retake the graduation assessments until he or she meets the passing criteria. Upon meeting these criteria, students who have met all other graduation requirements shall be eligible to receive a high school diploma. Pre-registration is required for test takers who are not currently enrolled in a Georgia high school.

11. School systems shall be responsible for notifying students and parents/guardians in writing of the assessment requirements for obtaining a high school diploma and for ensuring that no student is denied the opportunity to seek a diploma, in accordance with federal law (Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Title II of the Vocational Rehabilitation Act of 1973).

(k) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP) Local school systems shall participate in the NAEP assessment programs.

(3) STUDENT ASSESSMENT RESPONSIBILITIES FOR SPECIAL POPULATIONS.

(a) STUDENTS WITH DISABILITIES WHO RECEIVE EDUCATIONAL SERVICES DEFINED BY AN IEP OR SECTION 504 ACCOMMODATION PLAN. Local systems shall ensure that all students with IEPs or Section 504 Accommodation Plans participate in the state and local assessment programs. The IEP or Section 504 Accommodation Plans for these students shall identify the state-approved accommodations required to enable participation.

1. Decisions related to the participation in and identification of any needed accommodations in administration shall be made by the IEP team in the Individualized Education Program (IEP) review or by the Section 504 Individual Accommodation Plan (IAP) committee in its meeting.

2. All students with disabilities shall be coded according to the primary disability for each assessment in which they participate. Student participation in and performance on all assessments shall be accurately documented within each student’s IEP or IAP so that state and federal reporting guidelines can be met and so that performance outcome measures can be monitored for compliance.

3. Accommodations must be provided for students with disabilities as identified in the IEP or Section 504 IAP. Accommodation decisions made by the appropriate IEP or Section 504 IAP committee shall take into account the accommodations that are currently used in the instructional or classroom assessment process and must be part of the usual instructional practice for the student. Additionally, these committees shall consider whether the accommodation is necessary for access to the assessment process, previous experience with and the usefulness of the recommended accommodation, and whether or not the recommended accommodation impacts the integrity of the assessment. Students shall receive the accommodations they need in order to meaningfully participate in the assessment, but should not be given more than is necessary to meaningfully participate. The majority of students are expected to participate in the regular assessments with only a small percentage requiring a conditional/nonstandard administration. Only state-approved accommodations may be included in an IEP or Section 504 IAP.

4. Accommodations can result in administrations of the assessment that are either standard or conditional. Standard administration refers to testing conditions in which the procedures and directions are administered exactly as described in the test administration manual and non-altering accommodations are used. Conditional administration refers to use of more expansive accommodations utilized to provide access for a small percentage of students with more severe disabilities who would not be able to access the assessment without such assistance. Conditional accommodations shall be used sparingly as the majority of students requiring accommodations are able to successfully demonstrate their achievement with standard accommodations. The use of conditional accommodations must be required by the student to access the test because of his or her disability and documentation substantiating the need shall be included in the student’s IEP along with specific instructional goals to address the need. Assessments differ in what results in standard and conditional administrations. Specific information concerning the standard or conditional nature of an accommodation is published annually in the Student Assessment Handbook and in the respective testing administration materials that accompany each assessment (e.g., Examiner’s Manual and Directions for Administration). Should an individual student need an accommodation not on the approved list for a state test, approval must be granted by the Assessment and Accountability Division of the Georgia Department of Education before the accommodation may be used. Conditional administrations of the GHSGT or GHSWT do not satisfy the testing requirements for receiving a high school diploma.

5. All students must be assessed annually using the appropriate state-mandated assessments listed in Paragraph (2) of this rule.

6. When an IEP team determines that a student at any grade level is not able to participate in an administration of any local or state-mandated assessment, even with reasonable accommodations, the IEP team will document the reasons and make the necessary alternate assessment decision for that student following the state-approved participation guidelines. For the state-mandated assessments listed in Paragraph (2) of this rule, the alternate assessment based on alternate achievement standards shall be the GAA. A relatively small percentage of students (approximately 1%) are expected to participate through an alternate assessment.

7. Students with significant cognitive disabilities participating in the GAA must be provided access to the state-adopted content standards. Educators may adjust the learning expectations for this group of unique students provided the instruction is based on and aligned to the grade-level content standards. Instruction may reflect pre-requisite skills but must be sufficiently challenging for the individual student.

8. When students’ IEPs specify that they are pursuing a Special Education Diploma, they are not required to pass the graduation assessments, but any student has the right to participate in the graduation assessments and may not be prevented from so doing.

9. Compliance standards, reporting and enforcement. All students are expected to participate in all state-mandated assessments. Most students are expected to participate in standard administrations, with a small percentage (less than 3%) in conditional of state assessments and a small percent (approximately 1%) in the GAA or CRCT-M.

(i) Student participation in and performance on all state-mandated assessments, including the GAA shall be accurately documented so that state and federal reporting guidelines can be met and so that performance outcome measures can be monitored for compliance.

(ii) All students with disabilities shall be included in the accountability reporting process.

(I) All participation data and results data shall be available to the Office of Student Achievement (OSA) for the process of evaluating and rating school systems.

(II) The results of the GAA shall be included as part of the state accountability system and system report cards.

(III) The local system and DOE shall monitor participation rates for each assessment program, including alternate assessments, and the usage of accommodations, including conditional accommodations.

(IV) The DOE shall automatically monitor/investigate any local system not meeting assessment participation rate requirements. All remaining local school systems will be monitored on a rotational basis as a part of the regular scheduled monitoring process. Failure to meet those requirements may result in sanctions ranging from imposition of corrective action plans to withholding of funds.

(V) DOE will review results of all administrations and explore additional reporting formats to create meaningful and useful information from the results of standard and conditional/nonstandard administrations and the GAA.

(b) ENGLISH LEARNING STUDENTS

1. Students who have been defined as English Learner (EL) shall participate in all assessment programs. These students shall be coded EL on each test answer document. If a student has exited the ESOL program or an alternative language assistance program in the past two years, the student shall be coded EL-M on each test answer document. A student who has been exited for more than two years from the ESOL program shall not be coded as EL or EL-M on test answer documents.

2. In certain situations, individual needs of EL and EL-M students may warrant accommodations. These accommodations shall be determined by and recorded during a documented meeting of the EL Testing Participation Committee. Those students identified as EL-M may receive, based on individual need, standard state-approved accommodations for a maximum of two years after exiting ESOL or an alternative language assistance program. At the end of the two-year monitoring period, students who had been EL-M will be reclassified to participate in regular assessment with no accommodations. Testing accommodations shall be made only when appropriate documentation is on file for each eligible student. Administration of the assessments and use of test administration accommodations, including conditional accommodations for those students with very limited English proficiency, shall be according to established guidelines and procedures in the test administration manual(s), Examiner’s Manual and the Student Assessment Handbook. Accommodation decisions made shall take into account the accommodations that are currently used in the instructional or classroom assessment process and must be part of the usual instructional practice for the student. Additionally the EL Testing Participation Committee shall consider experience with and utility of the accommodation and whether or not the recommended accommodation impacts the integrity of the assessment. Conditional accommodations shall be used sparingly and shall not be assigned to EL-M students. The local system and DOE shall monitor participation rates for each assessment program, and the usage of accommodations, including conditional accommodations.

3. The EL Testing Participation Committee shall be composed of a minimum of three members, one of whom is a certified educator. The EL/ ESOL teacher/ paraprofessional/ aide currently serving the student with English language assistance is required to be a member of the committee. The remaining members shall be chosen from the following: regular language arts, reading or English teacher; student’s parent or legal guardian or the student, if 18 years or older; school administrator; other content area teachers; counselor; school psychologist; and lead teacher. Documentation of each EL Testing Participation Committee shall be placed in the student’s permanent record. These documents shall contain the following information: names of participants; date(s) of meeting(s); date of entry into U.S. schools; test scores proving eligibility for ESOL services; the dates of administration and the name of the tests to be administered; alternatives considered (i.e., regular administration, accommodations); final action including specific accommodations for each test/subtest consistent with current instructional accommodations; signatures of committee members, school administrator and, parent, legal guardian or student if 18 years or older. The list of tests to be administered must include all state assessments that are mandated for the student’s grade level. In addition to these state assessments, students who are required to participate in language proficiency tests under Title III of the Elementary and Secondary Education Act must participate in the language proficiency test prescribed by the state.

4. EL students enrolling for the first time in a U.S. school may receive a one-time deferment from a content area assessment, other than mathematics or science, if their proficiency in English indicates that testing is not in the best educational interest of the student. This one-time deferment may occur during the first twelve months of enrollment in a U.S. school. This deferment requires a documented meeting of the EL Test Participation Committee. Any EL student receiving a deferment shall participate in the state adopted language proficiency assessment. No student may be deferred from any mathematics or science content area assessments, nor may any student be deferred from the Georgia Milestones end of course assessments regardless of the length of time in a US school.

(4) TESTING REGULATIONS AND PROCEDURES. Local school systems shall adhere to all written regulations and procedures relating to testing and test administration, including the distribution and collection of test materials, test security, use of test results and official testing dates established in the Student Assessment Handbook, test administration manuals such as System Coordinator’s Manual, School Test Coordinator’s Manual, and Examiner’s Manual, and assessment supplements and correspondence.

(a) Assessment guidelines shall be reviewed annually.

(b) The local system shall ensure that individual student assessment scores become a part of students’ records as soon as possible after testing and that records follow students to their new schools when requested as specified in Rule 160-5-1-.14 Transfer of Student Records.

(c) Scores for an individual student shall be made available only to said student, to the parent(s) or legal guardian(s) of said student, and to appropriate local, state, and federal governmental agencies as provided by state and federal law.

(d) Local school systems shall provide individual student score reports for all state-mandated assessments to the parent(s) or legal guardian(s) in a timely manner.

(e) Procedures shall be followed in compliance with O.C.G.A. § 19-7-5, Reporting of Child Abuse, and O.C.G.A. § 16-10-50, Hindering Apprehension and Punishment of a Criminal, for reporting individual writing assessments which fall under the designated situations.

(f) All assessments shall be administered by Georgia-certified educators.

(g) Local systems shall train and orient any persons involved directly or indirectly in the assessment process and procedures required for appropriate and secure administration of all state-mandated assessments.

(h) Allegations of failure to follow procedures required for appropriate and secure administration of state-mandated assessments shall be reported to the Georgia Department of Education and the Ethics Division of the Professional Standards Commission.

(i) All students shall be assessed in English.

(j) The Georgia Department of Education shall provide pre-printed student labels for all mandated tests listed in Paragraph (2) Georgia Student Assessment Program Requirements, and local systems must use these labels as directed in the Student Assessment Handbook and in the Examiner’s Manuals for the various tests.

(k) In accordance with applicable state promotion and retention policies and laws, students who do not participate in state mandated tests shall not be promoted to the next grade. For EL students enrolled in their first year in a U. S. school and for whom participation in reading and/or language arts assessments is deferred, placement decisions shall be made on an individual student basis by the EL Testing Participation Committee and be consistent with local school board policy.

(l) In cases where promotion and retention specifies the administration of an alternate test as a requirement for promotion to the next grade level in grades three, five, and eight, such assessment shall be an alternate version of the state-adopted test for that grade level.

(5) STAFF DEVELOPMENT.

(a) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students’ academic achievement. This program shall instruct teachers in the effective utilization of test results and other appropriate applications as determined by the State Board of Education, and may be provided by either the Georgia Department of Education or the local unit of administration.

Authority O.C.G.A. § 16-10-50; 19-7-5; 20-2-131; 20-2-140; 20-2-142; 20-2-150(a); 20-2-151; 20-2-154(a); 20-2-240(a); 20-2-242; 20-2-281; 20-2-282; 50-18-70.

Adopted: August 21, 2014                                    Effective: September 10, 2014