§ 38–2610. Student assessments.

(a)(1) OSSE shall develop and administer all student tests and evaluations required by federal law or as a condition of a federal grant including the yearly student academic assessments that are required for the purposes of determining adequate yearly progress under Title I, Part A, section 1111 of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1444; 20 U.S.C. § 6311).

(2) OSSE may develop and administer:

(A) Districtwide assessments; and

(B) Tests and evaluations for purposes of allowing comparisons with international, national, or state indicators of student achievement; provided, that the test or evaluation be conducted with the smallest sample of students necessary to ensure valid comparisons.

(3) OSSE shall develop guidelines for the administration of practice and field tests, which shall include recommendations on the:

(A) Maximum amount of instructional time per year a school should devote to the administration of practice tests;

(B) Appropriate timing for the administration of field tests; and

(C) Maximum number of field tests in which a school should participate.

(b)(1) An LEA may develop and administer developmentally appropriate tests and evaluations for purposes of assessing student proficiency levels or informing instruction and remediation needs and may establish a policy allowing the tests and evaluations to constitute a portion of a student’s final grade; provided, that the test or other evaluation primarily tests content for the course for which the assessment, test, or evaluation is administered and that the policy is provided to its students and parents and made publicly available at the start of the school year.

(2) Each LEA shall limit administration of practice and field tests based upon:

(A) The guidelines as developed by OSSE pursuant to subsection (a)(3) of this section; or

(B) A policy developed by the LEA; provided, that if the LEA develops its own policy, it shall provide the policy to its students and the students’ parents and make the policy publicly available before the administration of any practice or field test.