GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
S

4
SENATE BILL 621
Education/Higher Education Committee Substitute Adopted 4/17/19
House Committee Substitute Favorable 6/25/19
House Committee Substitute #2 Favorable 7/8/19

Short Title:

Testing Reduction Act of 2019.

(Public)

Sponsors:
Referred to:
April 4, 2019
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A BILL TO BE ENTITLED
AN ACT TO REDUCE TESTING ADMINISTERED TO STUDENTS IN PUBLIC SCHOOLS.
The General Assembly of North Carolina enacts:
PART I. ELIMINATE NC FINAL EXAM
SECTION 1.(a) The State Board of Education shall eliminate the use of the NC
Final Exam as part of the statewide testing program to assess teacher performance and
professional growth. The NC Final Exam shall not be administered as part of the statewide testing
program for any other purpose.
SECTION 1.(b) This section is effective when it becomes law and applies beginning
with the 2019-2020 school year.
PART II. REPLACE EOGS WITH THROUGH-GRADE ASSESSMENT MODEL
SIMILAR TO NC CHECK-INS
SECTION 2.(a) The State Board of Education shall eliminate the use of
End-of-Grade (EOG) tests for grades three through eight. The State Board shall adopt a policy
to require administration of a through-grade assessment model with three interim assessments
similar to NC Check-Ins in grades three through eight three times per school year as follows: The
first through-grade assessment shall be administered no later than November 15, the second
through-grade assessment shall be administered no later than the end of February, and the third
through-grade assessment shall be administered within the final 10 instructional days of the
school year for year-long courses and within the final five instructional days of the semester for
semester courses. The average of the combined scores earned for at least two of the through-grade
assessments shall constitute the annual assessment for grades three through eight, and all
provisions of Subchapter IV of Chapter 115C of the General Statutes concerning annual
assessments for grades three through eight shall apply to this averaged score.
In addition to making any necessary adjustments to currently developed
through-grade assessments, the State Board shall develop through-grade assessments for science
for grade five and grade eight and for reading for grade three. A third grade student who fails to
demonstrate reading proficiency, as demonstrated by the averaged score of the relevant
through-grade assessments for reading, may retake the third through-grade assessment for
reading prior to the end of the school year, and the score of the readministered third through-grade
assessment for reading may be used for the purpose of demonstrating reading proficiency.

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Policies regarding participation in the NCEXTEND1 alternative assessment may be
applied in the same manner as prior to the enactment of this act, and the State Board of Education
may continue use of the NCEXTEND1 for students with disabilities, as appropriate.
The State Board of Education shall review existing testing security policies and shall
revise them as necessary to provide for as secure a testing environment as required by federal
law or as a condition of a federal grant. The State Board shall not require testing security
measures in excess of those required for federal compliance.
SECTION 2.(b) G.S. 115C-81.36(b) reads as rewritten:
"(b) When advanced courses are offered in mathematics, any student scoring at a level
five on the end-of-grade or end-of-course test that denotes superior command of knowledge and
skills for the mathematics course in which the student was most recently enrolled shall be
enrolled in the advanced course for the next mathematics course in which the student is enrolled.
A student in seventh grade scoring at a level five on the seventh grade mathematics end-of-grade
test that denotes superior command of knowledge and skills shall be enrolled in a high school
level mathematics course in eighth grade. No student who qualifies under this subsection shall
be removed from the advanced or high school mathematics course in which the student is enrolled
unless a parent or guardian of the student provides written consent for the student to be excluded
or removed from that course."
SECTION 2.(c) G.S. 115C-105.41(a) reads as rewritten:
"(a) In order to implement Part 1A of Article 8 of this Chapter, local school administrative
units shall identify students who are at risk for academic failure and who are not successfully
progressing toward grade promotion and graduation, beginning in kindergarten. Identification
shall occur as early as can reasonably be done and can be based on grades, observations,
diagnostic and formative assessments, State assessments, and other factors, including reading on
grade level, that impact student performance that teachers and administrators consider
appropriate, without having to await the results of end-of-grade or end-of-course State-mandated
tests."
SECTION 2.(d) G.S. 115C-276(q) reads as rewritten:
"(q) To Assign School Principals. – Subject to local board policy, the superintendent shall
have the authority to assign principals to school buildings. When making an assignment, the
superintendent shall consider (i) whether a principal has demonstrated the leadership ability to
increase student achievement at a school where conditions indicated a significant risk of low
student performance; and (ii) how to maintain stability at a school where, during the time the
principal has been at a school, there has been significant improvement on end-of-course or
end-of-grade tests and other accountability measures developed by the State Board of Education."
SECTION 2.(e) If Senate Bill 500, 2019 Regular Session, becomes law, Section 2(b)
of this act is repealed, and G.S. 115C-81.36, as amended by Senate Bill 500, 2019 Regular
Session, reads as rewritten:
"§ 115C-81.36. Advanced courses in mathematics.
…
(a1) When advanced learning opportunities are offered in mathematics in grades three
through five, any student scoring at the highest level on the end-of-grade State-mandated test
shall, for the next school year, be provided advanced learning opportunities in mathematics
approved for that student's grade level. No student who qualifies under this subsection shall be
removed from the advanced learning opportunity provided to the student unless a parent or
guardian of the student provides written consent for the student to be excluded or removed after
being adequately informed that the student's placement was determined by the student's
achievement on the previous end-of-grade State-mandated test.
(b)
When advanced courses are offered in mathematics in grades six and higher, any
student scoring at the highest level on the end-of-grade or end-of-course State-mandated test that
denotes superior command of knowledge and skills for the mathematics course in which the
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student was most recently enrolled shall be enrolled in the advanced course for the next
mathematics course in which the student is enrolled. A student in seventh grade scoring at the
highest level on the seventh grade mathematics end-of-grade State-mandated test that denotes
superior command of knowledge and skills shall be enrolled in a high school level mathematics
course in eighth grade. Local boards of education may provide supplemental content enrichment,
which may include the administration of diagnostic assessments, to students enrolled in a high
school level mathematics course. No student who qualifies under this subsection shall be
removed from the advanced or high school mathematics course in which the student is enrolled
unless a parent or guardian of the student provides written consent for the student to be excluded
or removed from that course after being adequately informed that the student's placement was
determined by the student's achievement on in the previous end-of-grade or end-of-course
test.mathematics course.
…."
SECTION 2.(f) This section is effective when it becomes law and applies beginning
with testing administered for the 2022-2023 school year.
PART III. REPLACE EOCS WITH THE ACT OR OTHER NATIONALLY
RECOGNIZED ASSESSMENT OF HIGH SCHOOL ACHIEVEMENT AND COLLEGE
READINESS
SECTION 3.(a) The State Board of Education shall eliminate use of End-of-Course
(EOC) tests for grades nine through 12. The nationally recognized assessment of high school
achievement and college readiness, or the alternate assessment, administered to all students in
eleventh grade pursuant to G.S. 115C-174.11(c)(4), as amended by subsection (d) of this section,
shall constitute the State-mandated testing in grades nine through 12 required by
G.S. 115C-174.11(c)(1). Policies regarding participation in the NCEXTEND1 alternative
assessment may be applied in the same manner as prior to the enactment of this act, and the State
Board of Education may continue the use of the NCEXTEND1 for students with disabilities, as
appropriate.
SECTION 3.(b) G.S. 115C-83.15(b)(2) reads as rewritten:
"(2) For schools serving any students in ninth through twelfth grade, the State
Board shall assign points on the following measures available for that school:
a.
One point for each percent of students who score at or above proficient
on either the Algebra I or Integrated Math I end-of-course test or, for
students who completed Algebra I or Integrated Math I before ninth
grade, another mathematics course with an end-of-course test.the math
subtest of a nationally recognized assessment of high school
achievement and college readiness.
b.
One point for each percent of students who score at or above proficient
on the English II end-of-course test.the reading subtest of a nationally
recognized assessment of high school achievement and college
readiness.
c.
One point for each percent of students who score at or above proficient
on the Biology end-of-course test.science subtest or the science subject
test of a nationally recognized assessment of high school achievement
and college readiness.
d.
One point for each percent of students who complete Algebra II or
Integrated Math III with a passing grade.
e.
One point for each percent of students who achieve the minimum score
required for admission into a constituent institution of The University
of North Carolina on a nationally normed test of college readiness.

Senate Bill 621-Fourth Edition

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f.

One point for each percent of students enrolled in Career and
Technical Education courses who meet the standard when scoring at
Silver, Gold, or Platinum levels on a nationally normed test of
workplace readiness.
g.
One point for each percent of students who graduate within four years
of entering high school.
h.
One point for each percent of students who progress in achieving
English language proficiency."
SECTION 3.(c) G.S. 115C-83.16(a)(2) reads as rewritten:
"(2) For schools serving any students in ninth through twelfth grade, the State
Board shall define the indicators as follows:
a.
Academic indicators. –
1.
The academic achievement indicator shall include the
following measures:
I.
Proficiency on either the Algebra I or Integrated Math
I end-of-course test or, for students who completed
Algebra I or Integrated Math I before ninth grade,
another mathematics course with an end-of-course
test.the math subtest of a nationally recognized
assessment of high school achievement and college
readiness.
II.
Proficiency on the English II end-of-course test.reading
subtest of a nationally recognized assessment of high
school achievement and college readiness.
III.
The growth score earned by schools.
2.
Repealed by Session Laws 2017-206, s. 1(b), effective August
30, 2017, and applicable beginning with the 2017-2018 school
year.
3.
The graduation rate indicator shall be the percentage of
students who graduate within four years of entering high
school.
4.
The English language proficiency indicator shall be the
percentage of students who progress in achieving English
language proficiency.
b.
School quality and student success indicator. – The school quality and
student success indicator shall be made up of the following measures:
1.
Proficiency on the Biology end-of-course test.science subtest
of a nationally recognized assessment of high school
achievement and college readiness.
2.
The percentage of students who complete Algebra II or
Integrated Math III with a passing grade.
3.
The percentage of students who achieve the minimum score
required for admission into a constituent institution of The
University of North Carolina on a nationally normed test of
college readiness.
4.
The percentage of students enrolled in Career and Technical
Education courses who meet the standard when scoring at
Silver, Gold, or Platinum levels on a nationally normed test of
workplace readiness."
SECTION 3.(d) G.S. 115C-174.11(4) reads as rewritten:

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"(4)

To the extent funds are made available, the The State Board of Education shall
use a competitive bid process to adopt one nationally norm-referenced college
admissions test nationally recognized assessment of high school achievement
and college readiness to make available to local school administrative units,
regional schools, and charter schools to administer to all students in the
eleventh grade unless the student has already taken a comparable test and
scored at or above a level set by the State Board. students. The State Board of
Education shall require the administration of an alternate to the nationally
norm-referenced college admissions test nationally recognized assessment of
high school achievement and college readiness or an alternate precursor test
to the nationally norm-referenced college admissions test nationally
recognized assessment of high school achievement and college readiness to a
student who (i) exhibits severe and pervasive delays in all areas of conceptual,
linguistic, and academic development and in adaptive behaviors, including
communication, daily living skills, and self-care, (ii) is following the extended
content standards of the Standard Course of Study as provided in
G.S. 115C-81.5, or is following a course of study that, upon completing high
school, may not lead to admission into a college-level course of study resulting
in a college degree, and (iii) has a written parental request for an alternate
assessment.in accordance with federal law.
The State Board of Education shall ensure that parents of students enrolled
in all public schools, including charter and regional schools, have the
necessary information to make informed decisions regarding participation in
the nationally norm-referenced college admissions test and precursor test.
Alternate assessment results and nationally norm-referenced college
admissions test assessment nationally recognized assessment of high school
achievement and college readiness results of students with disabilities shall be
included in school accountability reports, including charter and regional
schools, provided by the State Board of Education."
SECTION 3.(e) G.S. 116-11(10a) reads as rewritten:
"(10a) The Board of Governors, the State Board of Community Colleges, and the
State Board of Education, in consultation with nonprofit postsecondary
educational institutions shall plan a system to provide an exchange of
information among the public schools and institutions of higher education to
be implemented no later than June 30, 1995. As used in this section,
"institutions of higher education" shall mean (i) public higher education
institutions defined in G.S. 116-143.1(a)(3), and (ii) those nonprofit
postsecondary educational institutions as described in G.S. 116-280 that
choose to participate in the information exchange. The information shall
include:
a.
The number of high school graduates who apply to, are admitted to,
and enroll in institutions of higher education;
b.
College performance of high school graduates for the year
immediately following high school graduation including each
student's: need for remedial coursework at the institution of higher
education that the student attends; performance in standard freshmen
courses; and continued enrollment in a subsequent year in the same or
another institution of higher education in the State;
c.
The progress of students from one institution of higher education to
another; and

Senate Bill 621-Fourth Edition

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d.

Consistent and uniform public school course information including
course code, name, and description.
The Department of Public Instruction shall generate and the local school
administrative units shall use standardized transcripts in an automated format
for applicants to higher education institutions. The standardized transcript
shall include grade point average, class rank, end-of-course test scores, scores
from the nationally recognized assessment of high school achievement and
college readiness administered pursuant to G.S. 115C-174.11(c), and uniform
course information including course code, name, units earned toward
graduation, and credits earned for admission from an institution of higher
education. The grade point average and class rank shall be calculated by a
standard method to be devised by the institutions of higher education."
SECTION 3.(f) Subsections (a) and (d) of this section become effective January 1,
2020, and apply beginning with testing administered for the 2020-2021 school year. Subsections
(b) and (c) of this section become effective January 1, 2021, and apply beginning with school
performance grades issued based on data from the 2020-2021 school year. Subsection (e) of this
section becomes effective July 1, 2020, and applies beginning with students entering their junior
year in the 2020-2021 school year.
PART IV. PLAN TO REDUCE STANDARDIZED TESTING BY LOCAL SCHOOL
ADMINISTRATIVE UNITS
SECTION 4.(a) G.S. 115C-174.12 reads as rewritten:
"§ 115C-174.12. Responsibilities of agencies.
…
(d1) In each even-numbered year, each local board of education shall review all local
standardized testing administered to students by the local school administrative unit at the
direction of the local board of education for the prior two school years, in order to determine the
number of tests administered to students and the number of hours required for students to
complete the tests. If the average over the prior two-year period of either (i) the number of tests
administered or (ii) the number of hours required for students to complete the tests exceeds the
State average over the prior two-year period, as published pursuant to subsection (e1) of this
section, the local board of education shall submit to the Department of Public Instruction and the
State Board of Education, by October 1 of the even-numbered year, a plan to eliminate certain
local standardized testing in order to ensure that neither the number of tests nor the number of
hours required for students to complete the tests exceeds the State average. The State Board of
Education shall waive the requirement that a local board develop and submit a plan if the State
Board finds that the local board has made significant progress toward reducing local testing to
the State average.
(e)
By November 1 of each year, the State Board of Education shall submit a report to
the Joint Legislative Education Oversight Committee containing information regarding the
statewide administration of the testing program, including the number and type of tests and the
testing schedule, and a summary of any local testing programs reported by local boards of
education to the State Board of Education in accordance with subsection (d) of this section. The
report shall also include a summary of any local plans provided to the State Board in accordance
with subsection (d1) of this section.
(e1) By September 1 of each year, the Superintendent of Public Instruction shall publish
on the Web site of the Department of Public Instruction a the following:
(1)
A uniform calendar that includes schedules for State-required testing and
reporting results of tests for at least the next two school years, including
estimates of the average time for administering State-required standardized
tests. The uniform calendar shall be provided to local boards of education in
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an electronic format that allows each local board of education to populate the
calendar with, at a minimum, the information required by subsection (d) of
this section. The uniform calendar shall be searchable by local school
administrative unit and denote whether a test on the calendar is required by
the State or required by a local board of education.
(2)
For the local standardized testing information populated by local boards of
education under subdivision (1) of this subsection, a summary of the nature
and extent of the local testing, including the average over the prior two-year
period of (i) the number of tests administered and (ii) the number of hours
required for students to complete the tests."
SECTION 4.(b) This section applies beginning with reports issued in 2020 based on
data from the 2019-2020 school year.
PART V. PROHIBIT GRADUATION PROJECTS AS A CONDITION OF
GRADUATION
SECTION 5.(a) G.S. 115C-12(9d) reads as rewritten:
"(9d) Power to Develop Exit Standards and Graduation Requirements. –
…
b.
The following restrictions apply to the Board regarding Algebra I and
high school graduation projects:
…
2.
The Board shall not require any student to prepare a high
school graduation project as a condition of graduation from
high school; local boards of education may, however, require
their students to complete a high school graduation
project.school."
SECTION 5.(b) G.S. 115C-47 is amended by adding a new subdivision to read:
"(54a) To ensure that graduation is not conditioned on a graduation project. – A
student shall not be required to complete a high school graduation project as
a condition of graduation from high school. Requirements for graduation shall
be connected only to the completion of required courses."
SECTION 5.(c) This section is effective when it becomes law and applies beginning
with the 2019-2020 school year.
PART VI. EXAMINATION OF THIRD GRADE ENGLISH LANGUAGE ARTS
ASSESSMENTS TO BETTER MEET GOALS OF READ TO ACHIEVE
SECTION 6. The Department of Public Instruction shall examine the End-of-Grade
English Language Arts assessment administered in third grade as compared to the Read to
Achieve alternative assessment in order to determine whether the End-of-Grade English
Language Arts assessment should be modified to better meet the goals of Read to Achieve,
pursuant to Part 1A of Article 8 of Chapter 115C of the General Statutes. Based on its
examination, the Department shall develop any modifications needed. No later than March 15,
2020, the Department shall report to the Joint Legislative Education Oversight Committee on the
results of its examination and any modifications developed.
PART VII. EFFECTIVE DATE
SECTION 7. Except as otherwise provided, this act is effective when it becomes
law.

Senate Bill 621-Fourth Edition

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