Okla. Admin. Code § 210:10-13-18

Current through Vol. 42, No. 8, January 2, 2025

Section 210:10-13-18 - Oklahoma School Accountability System

(a)Academic performance targets. The Oklahoma School Accountability System shall be based on a multimeasures approach to accountability in accordance with the Elementary and Secondary Education Act of 1965 (ESEA) as reauthorized by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA), and shall include the indicators set forth in 70 O.S. § 1210.545. All public elementary and secondary schools and local educational agencies (LEAs) shall be accountable for student achievement and for reaching academic performance targets in accordance with the Oklahoma School Accountability System required by 70 O.S. § 1210.541.

(b)Consequences of testing irregularities or misconduct on test scores and academic performance targets.

(1) If the State Department of Education (OSDE) Office of Assessments receives documentation of a student cheating on a test, the student's score shall be "invalidated." The student's score report for that content area shall read "Invalidated." The "invalidated" score shall have the effect of nonparticipation when aggregated with scores of other students at the school, district, and state levels, unless the student is administered a breach test form.

(2) If a student does not attempt the test (such as refusal to read items or mark answers, finishing in 5 minutes, or randomly marking answers), no special action shall be taken. The student's test shall be scored and the score aggregated with the rest of the scores at the school, district, and state levels according to standard procedure.

(3) If a student becomes ill during testing and is not able to complete the test, the test shall not be scored and not counted in the summary scores. The student shall be counted as absent. If a breach form of the test is available through the Oklahoma School Testing Program (OSTP), the student may be given an opportunity to retake the same form within the same testing window.

(4) If any violation of security provisions occurs, such violations shall be reported in writing to the State Department of Education Office of Assessments and may result in a student's, a school site's, and/or a school district's test scores being declared as invalid in accordance with the provisions of 210:10-13-4.

(A) In the case of invalidation resulting from a violation of the provisions of 210:10-13-4, each invalidated score shall be equivalent to non-participation in the assessment and shall be aggregated with the remaining student scores at the school, district, and state levels in determining participation rates.

(B) If the violation is not the fault of the students involved, and if a breach form of the test is available through the OSTP, students may be given the breach form within the same testing window. In the case that a breach equivalent form is administered, the individual student score report shall reflect the scores from the equivalent test (in place of the previous invalidated scores) and shall be aggregated at the school, district, and state levels.

(C) Breach test forms of the OSTP shall only be made available through the OSDE Office of Assessments if determined practicable by the State Department of Education.

(5) If extreme changes in test scores or in academic performance data occur for a school or district from year to year, an investigation shall be conducted, which may include, but not be limited to, data forensics analysis, and results of any apparent testing irregularity or misconduct reported to the State Board of Education for possible further action, which may include but not be limited to, score invalidation.

(6) Statewide student response patterns shall be analyzed for aberrant responses for each school and district through data forensics methodologies. The results shall be triangulated with observational and other accountability data to be included in the Academic Assessment Monitoring Program (AAMP).

(7) Steps for Dealing with Reported Testing Irregularities or Misconduct

(A)Step One. When the State Department of Education receives credible evidence of a testing irregularity or misconduct, the State Department of Education Office of Assessments shall promptly notify the school site and/or school district involved.

(i) The school district shall have at least thirty (30) calendar days to conduct an investigation of the alleged testing irregularity and provide the State Department of Education with a written response.

(ii) In the event that the testing irregularity occurred as a result of testing misconduct or test security violations, the school site and/or school district shall be required to include an explanation in its written response of how the testing misconduct/irregularity occurred and a description of the measures taken to prevent the misconduct from occurring again.

(B)Step Two. The testing irregularity or misconduct shall be categorized into one of three violation categories (minor, major, and critical) according to the severity of the violation and its possible consequences. Possible consequences may include, but not be limited to, invalidation of scores, accreditation with deficiency, accreditation with warning, accreditation with probation.

(C)Step Three. At the end of each testing period, a testing irregularity report shall be prepared by the State Department of Education Office of Assessments for review by the State Superintendent and possible further action.

(c)Procedures for Schools to Review Data Reports and Accountability Calculations.

(1) School sites shall be provided an opportunity to review all data and calculations used in the school accountability system.

(A) Initial data verification of the data used to calculate school accountability shall occur throughout the school year as data becomes available to the State Department of Education. School district accountability staff shall have the opportunity to perform data verification and confirm that data being used to calculate school performance grades are accurate prior to the review period required by (c)(1) (B) of this section. The school district shall have at least fifteen (15) calendar days to review and request corrections to each new data component as it becomes available. No requests for changes to data shall be made after the expiration of the review period. For purposes of this paragraph only, a "new data component" means a data component that has not been previously submitted to the State Department of Education in accordance with other state or federal reporting requirements.

(B) Prior to the final release of school accountability results or designations, a school district shall have at least ten (10) calendar days to certify the calculation of accountability indicators. If the school district determines that a different accountability score should be assigned because of the omission of certified student data, a data miscalculation, or business rule misapplication, school districts may submit a request in writing for a review of the data calculation to the State Department of Education using the process established by the Department. All evidence supporting the district's claim of a calculation error and documentation of all elements to be reviewed by the Department must be submitted within the time limits specified in this subsection. No request for review of the calculation shall be accepted after the expiration of the review period. Changes to the criteria, data, or process shall not be considered as part of this review.

(C) To ensure timely issuance of the school report cards in accordance with the requirements of 70 O.S. § 1210.545, any data component verification or calculation verification for which a district fails to timely review and certify as accurate in accordance with the provisions of (A) or (B) of this subsection shall be deemed certified as accurate by the school district and districts shall not be permitted to request further corrections to the data.

(2) At the end of the State Department of Education review process, the State Department of Education shall report to the State Board of Education the statewide list of accountability results and schools identified for comprehensive and targeted support and improvement.

(d)Limits on data used in accountability.

(1) Data from all students not enrolled in a district for a full academic year shall be disaggregated and shall not be used to determine the accountability results of the district (with the exception of high school graduation rates), according to federal law. Data from all students not enrolled in a school site for a full academic year shall be disaggregated and shall not be used to determine the progress of the school site (with the exception of high school graduation rates), according to federal law. For purposes of accountability, a student shall be considered a "Full Academic Year" (FAY) student if the student is enrolled within the first twenty (20) instructional days of the school's instructional year through and including the date defined by the State Department of Education pertinent to the specific measure (e.g., the beginning of the OSTP assessment period), without an enrollment lapse of ten (10) or more consecutive instructional days.

(2) For purposes of the Oklahoma School Accountability System, the data of all students who have been placed in a state juvenile facility by state law or court order, or students placed in a full time residential facility providing educational services to students by joint agreement with one or more school districts shall not be used to determine the accountability results of the site or the district of residence of the students. Instead their scores will be used in accountability calculations in one statewide "quasi-district".

(e)Schools identified for support and improvement. Schools that earn an F on the Oklahoma School Report Card and any high school with a graduation rate of 67% or lower will be identified for comprehensive support and improvement. Those identified for comprehensive support and improvement must include the lowest-performing 5% of Title I schools as required under federal law. Schools that do not meet exit criteria as defined in Oklahoma's ESSA State Plan within three (3) years will be required to implement more rigorous interventions.

(f)Rewards for public elementary and secondary schools that reach academic performance targets. Subject to the availability of funds, public elementary and secondary schools that reach academic performance targets shall be eligible for recognition by the State Board of Education.

Okla. Admin. Code § 210:10-13-18

Reserved at 19 Ok Reg 1626, eff 6-13-02 ; Added at 21 Ok Reg 184, eff 11-6-03 (emergency); Added at 21 Ok Reg 1192, eff 5-27-04 ; Amended at 22 Ok Reg 1391, eff 4-15-05 (emergency); Amended at 23 Ok Reg 1230, eff 5-25-06 ; Amended at 24 Ok Reg 1836, eff 6-25-07 ; Amended at 26 Ok Reg 91, eff 10-7-08 (emergency); Amended at 26 Ok Reg 1433, eff 6-11-09 ; Amended at 30 Ok Reg 1597, eff 7-11-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024