(1) By the authority of 20-2-121(12), MCA and ARM 10.55.603, the Board of Public Education adopts rules for state-level assessment in the public schools and those private schools seeking accreditation.

(2) The Board of Public Education (board) recognizes that the primary purpose of assessment is to serve learning. A balanced assessment system including formative, interim, and summative assessments aligned to state content standards, will provide an integrated approach to meeting both classroom learning needs and school and state level information needs. A balanced assessment system is structured to continuously improve teaching and learning and to inform education policy.

(3) The obligation for funding the assessments is the responsibility of the state. This chapter may not be construed to require a school district to provide these assessments if the state does not have a current contract with test vendors for provision of these assessments to Montana school districts.

(4) The Superintendent of Public Instruction shall recommend in writing to the board any modifications to the single system of state level assessment as set forth in (2). The board may consider recommended modifications as an information item on an agenda at a board meeting. At that meeting, the board may vote to list the recommendations as an action item on the agenda of a subsequent board meeting. Unless approved by the board, no recommended modifications are effective and no accredited schools may implement the recommended modifications.

(5) When developing a recommendation to the board for adopting statewide assessments the Superintendent of Public Instruction will include implications including alignment to content standards.

(6) The Superintendent of Public Instruction shall:

(a) ensure Montana educators participate in the process;

(b) ensure that all statewide test items are field tested before being used to determine proficiency; and

(c) request approval from the board to allow for census field testing before determining proficiencies.

(1) By the authority of 20-2-121(11), MCA, and ARM 10.55.603, the Board of Public of Education (board) adopts rules for statewide assessment in all public and accredited nonpublic schools.

(2) Statewide assessments approved by the Board shall be administered in all public and accredited nonpublic schools.

(3) School districts shall annually administer statewide assessments to all students in accordance with state and federal laws and regulations that meet or exceed the following specifications:

(a) English language arts and mathematics assessments shall be aligned to Montana content standards in English language arts and mathematics and administered in grades 3-8 and 11;

(b) Science assessments shall be aligned to Montana content standards for science and administered in grades 5, 8, and 11; and

(c) Assessments shall be administered in the spring of each year.

(4) State-level assessments aligned to Montana-English language proficiency standards shall be administered to all students identified as English Learners (EL) in grades (K-12). These assessments shall be administered mid-school year.

(5) The Board of Public Education may approve alternative grade levels and timelines for the administration of statewide assessments due to the availability of assessments and other academic factors.

(6) School districts shall use guidance provided by the Office of Public Instruction to inform parents/guardians about statewide assessments, including:

(a) the purpose;

(b) the source of the requirement;

(c) when the information about student performance is provided to teachers and parents;

(d) how teachers, principals, and district officials use the information about student performance; and

(e) how parents can use that information to help their child.

(1) The Office of Public Instruction has the responsibility to audit test administration activities to monitor adherence to test security and best practices without undue disruption to schools.

(2) All statewide assessments must be administered to students only by school district employees who have been trained and are familiar with standardized testing procedures.

(3) Suspected violations of test security must immediately be reported to the Office of Public Instruction.

(4) Failure to comply with the test administration and security requirements may result in the Office of Public Instruction making a recommendation for consequences to the Board of Public Education for further action within the limits of its authority.

(1) Schools shall administer statewide assessments with or without accommodations based on individual student needs consistent with all state and federal laws and regulations.

(2) The Individualized Education Program (IEP) team for a student shall determine if the student meets the eligibility criteria for the statewide alternate assessment based on the alternate achievement standards.

(3) Schools shall use the guidance from the Superintendent of Public Instruction to identify English Learners (EL) and annually monitor individual progress in acquiring academic English consistent with all state and federal laws and regulations.

(1) The Superintendent of Public Instruction shall provide a report of the annual state assessment results to the Legislature and the Board of Public Education.

(2) The Superintendent of Public Instruction shall make available student assessment data in compliance with confidentiality requirements of federal and state law (20-7-104, MCA). To facilitate transparency, the statewide assessment results released to the public shall be accompanied by a clear statement of the purpose, subject areas assessed, description of proficiency levels, and the percentage of students who participated in the assessments.

(3) Statewide assessment results are a part of each student's permanent record as described in compliance with 20-1-213 and 20-7-104, MCA.