A Partnership to Create Model Legislation
FairTest has partnered with the National Education Association (NEA) to develop model legislation and regulations to limit testing beyond federal requirements, mitigate the harm from testing and support educationally beneficial, valid and reliable assessments.
The Alabama Workforce Pathways Act establishes a new workforce pathways diploma that allows for alternative assessments to be considered is rating a school or school system.
A California Assembly bill that would require the State Education Department to adopt regulations to include the completion of a culminating performance assessment, such as a graduate pupil profile, capstone project, senior exhibition, or portfolio, that demonstrates competency in skills beyond core academic areas, as an accepted measure for the college or career readiness indicator for the California School Dashboard.
In California,after receiving mandated notice of their right to opt out from a state mandated test, parents have an absolute right to keep their children from taking the specified test by making a simple written request. California Opt-Out
A bill before the Colorado legislature would allow districts to reduce testing to the federal minimums and support and encourage the development of performance-based assessment and other local innovations. It also requires the state to apply for a Competitive State Assessment Grant. This potentially transformative legislation can be found here.
Colorado enacted an audit of its school accountability system to gauge its actual effectiveness in promoting student learning and fostering school improvement. Colorado Performance Audit
The Connecticut House passed a bill to have the state department of education conduct a performance audit of tests used to measure matters statewide. Connecticut Testing Audit
In an omnibus bill, Connecticut established criteria and courses that can qualify towards graduation requirements, including those that provide multiple and flexible opportunities and pathways to learning and demonstration of knowledge (Section 8(h)). It also created a working group to make recommendations regarding the high school graduation requirements, grading policies and calculation of accountability index scores for districts. (Sections 27 and 28).
SB166 would eliminate graduation exam requirement in Florida and make Algebra 1 and English exams required as 30% of end-of-course grade.
Georgia repealed using high stakes exams for determining diploma eligibility. Georgia Graduation Test Repeal.
Hawaii bill requires schools to develop rigorous classroom-based performance assessments, which may include authentic assessments. The purpose is “to promote 21st century learning for Hawaii’s public school children. ” The bill presents examples of Authentic assessments: project-based learning, problem-based learning, scientific experimentation, technological innovation, historical analysis, and portfolio writing.
Prohibits mandating or funding additional standardized assessments in ELA, math or science for grades K-6. Illinois K-6 Minimum
The “Too Young to Test” bill prevents the Illinois State Board of Education from testing students in pre-kindergarten through second grade. Learn more
Legislation in Massachusetts would eliminate passage of the MCAS exams as a graduation requirement and simply require students to pass courses demonstrating graduation-level competencies in order to receive a high school diploma.
Massachusetts legislation, An Act Empowering Students and Schools to Thrive, would change the methodology of identifying schools in need of support and improvement and providing such supports. The legislation introduces a system of engaging community stakeholders and utilizing evidence-based supports, programs and interventions to achieve school improvement.
A Massachusetts bill would create a grant program to support the establishment of district task forces to develop and pilot alternative assessment models.
Michigan bill would repeal mandatory retention in grade of third graders who did not pass a state reading test. The bill also provides for targeted interventions for students who fail to demonstrate adequate grade level reading proficiency in grades K-3.
Missouri Senate Bill 360 introduced by Sen. Jill Carter (R), Chair of Joint Committee on Education, would limit the use of statewide grade-level ESSA testing to federal compliance. It also requires school districts to adopt an interim assessment system that is: authentic to student discipline-specific learning, experience, and the demonstration of performance -based learning; related to curriculum taught in school; evaluated and graded in a manner that provides meaningful feedback used for academic improvement; developed in consultation with school administrators, teachers, students, parents, and community; and is available for community inspection.
Missouri bill would prohibit the use of mandated ESSA assessments from being used for school ratings and classifications and at same time requires development or purchase of interim assessments authentic to discipline specific learning and demonstrate performance-based learning.
Provides that districts make available courses of study that allow students to pursue a range of workforce and post-secondary opportunities aligned with the district’s graduate profile and the individual student’s next-step plans. Assures that there are multiple pathways for students to graduate high school with post-secondary options. New Mexico Graduation Requirements
Missouri Senate Bill 360 introduced by Sen. Jill Carter (R), Chair of Joint Committee on Education, would limit the use of statewide grade-level ESSA testing to federal compliance. It also requires school districts to adopt an interim assessment system that is: authentic to student discipline-specific learning, experience, and the demonstration of performance -based learning; related to curriculum taught in school; evaluated and graded in a manner that provides meaningful feedback used for academic improvement; developed in consultation with school administrators, teachers, students, parents, and community; and is available for community inspection.
State regulations in New York provide a variance from state testing mandates in order support a system of graduation level performance-based assessments. New York Testing Variance
Grade retention decisions based on a single high stakes instrument is invalid and unreliable. This Ohio bill repeals such usage.
This Oregon bill limits the number of standardized summative assessments administered in schools to the practicable minimum required by ESSA and authorizes waiver requests when necessary to meet that goal.
This proposal, drafted and backed by educators, requires all districts to conduct comprehensive surveys of current testing practices.Oregon Testing Audit
This bill would limit. the use of AI scoring of constructed response items to when the AI has been trained using actual responses of disadvantaged and bilingual students, has been shown to produce psychometrically valid and reliable results, and its reliability has been independently evaluated and validated.