The General Assembly’s Spring Session wrapped up last week in a flurry of votes on budget legislation. Here’s where some of the bills and issues on our legislative agenda ended up.

Last week the Illinois State Board of Education announced that it is now official, the state will be switching back to ACT for the high school test for 11th graders, and it will be a graduation requirement for public schools. Other ACT, Inc. tests will be administered for 9th and 10th grades. 

Illinois has one of the strongest laws in the country protecting the privacy and security of our public school students’ personal data, the Student Online Personal Protection Act, or SOPPA. Unfortunately, a major state vendor is violating that law by selling student data—the College Board, the maker of SAT, PSAT and Advanced Placement tests. The state requires public high schools to administer the SAT and PSAT during the school day. Most public high schools are also administering AP tests and additional administrations of the SAT and PSAT.

Illinois State Board of Education has announced that Illinois will now switch to the ACT for its high school accountability test in the coming school year, but unfortunately, ACT, Inc. also sells student data via its subsidiary, Encoura. And the College Board will continue to be a state and district vendor for Advanced Placement tests. So, that change won't fix this problem.

We need ISBE to ensure that any new contracts do not permit data sales. And we need the IL Attorney General Kwame Raoul to enforce the law and stop these illegal data sales. You can use this form to send him an email.

On May 6, 2024, IL-FPS held an online forum with the Parent Coalition for Student Privacy and Class Size Matters to inform parents around the country about this issue and how New York State has recently stopped sales of student data there. Slides and a recording of the event are available here.

Read more about this issue below:

Why is the College Board selling data?
The College Board has been selling student data, including names, addresses, ethnicity and race, economic status, test score ranges, and other personal information since the early 1970s. Colleges and universities buy it to use for admissions recruitment. Other organizations, like for-profit summer programs, do too. There are ongoing concerns that this data is used in unethical ways, like recruiting wealthy out-of-state students or recruiting students unlikely to be admitted just to boost application numbers. ACT, Inc., the other major college admissions test vendor, also sells data.

Are these data sales legal?
Public schools started giving college admissions exams (SAT and ACT) in school during the school day as part of federal testing requirements more than 20 years ago. And then, in the last decade, many states passed laws that forbid sale of data collected from students in schools, including Illinois’ student data privacy law known as the Student Online Personal Protection Act (SOPPA). These laws made what was already a questionable practice clearly illegal. The US Department of Education has warned states and districts about the practice.

What's been done about it?
Advocates and even some elected officials have long objected to the sales, but the College Board has continued to sell student data from states with strict laws against it. But in an important development, in February 2024, New York State Attorney General Tish James announced that College Board could no longer sell New York students data and would be paying a $750,000 fine to settle past violations.

What about Illinois' students?
The power to enforce our privacy law, SOPPA, rests with our Attorney General Kwame Raoul. State legislators asked AG Raoul to investigate this matter back in 2019, but nothing came of that. Recently, IL-FPS and eight other organizations sent a letter to AG Raoul asking for him to enforce our state law and stop these sales here too. We'd like him to know that many families around the state are concerned about this issue and think Illinois students should have the same protections as New York students have.

Why is this important right now?
The College Board has a $54 million contract with the state for the SAT and PSAT. This contract expires this summer, and the State has decided to award a new $53 million contract for the high school assessment to ACT, Inc. Unfortunately, ACT, Inc. also sells student data via its subsidiary, Encoura! So, it's important to stop this illegal practice under current contracts and also ensure sales won't take place under any new contracts either. State vendors should follow state laws! Read our comments about this we shared at a State Board meeting in March 2024 here.

Learn more

• Parent Coalition for Student Privacy
• “The Student List Business Primer and market dynamics” The Institute for College Access & Success. 2022 (More here.)
• “College Prep Software Naviance Is Selling Advertising Access to Millions of Students” – The Markup. 2022
• Assurance No. 24-004. Assurance of discontinuance document between College Board and New York AG
• “Student tracking, secret scores: How college admissions offices rank prospects before they apply” Washington Post. 2019
• “Transparency and the Marketplace for Student Data.” Fordham Center on Law and Information Policy. 2018

The deadline for passing bills out of the Illinois House and over to the Senate is this Friday 4/19. Here are two bills that IL-FPS has been following closely, and we encourage you to call your state rep about both of them.

In his weekly newsletter this week, State Superintendent Tony Sanders made only a very oblique reference to selecting a new vendor for the test that high school students take to comply with federal school accountability law. But, tucked away on the state procurement website, a notice of award makes it official: the IL State Board of Education wants to switch from the College Board’s SAT and PSAT back to tests sold by ACT, Inc.

Lots of news on testing in the last couple weeks: a long-awaited report on test scores from private schools getting vouchers, a new push from advocates to stop the College Board's sale of Illinois students' data, and, as state testing begins in public schools, find out how and why to opt out.

It’s state testing season (again!) The window for the Illinois Assessment of Readiness, 3-8th grade testing in reading and math, opens March 4th. The Illinois Science Assessment window also opens March 4th. Weeks of ACCESS testing for English-language learners is just wrapping up. High school students will be assessed on the PSAT and SAT later this month and next.

Public schools are obligated to give these tests under state and federal law, but aside from the SAT, which is required in order to receive a diploma in Illinois, students are not obligated to participate. 

Frequently Asked Questions for grades K-8

What is state testing in Illinois for Grades 3–8?

State testing in Illinois for Grades 3–8 consists of a series of tests. Nearly all students in Grades 3–8 take the Illinois Assessment of Readiness (IAR), which tests students in English Language Arts and Mathematics. Students in Grades 5 and 8 also take a science test (ISA). Students with severe learning disabilities take a different test, called the DLM-AA. Students who are English Language Learners also take a test called ACCESS, which tests their proficiency with the English language.

How can my child opt out of taking the state tests in 2024?

In Illinois, a parent can inform the school that a child will not be participating in state testing but, according to the IL State Board of Education guidance, children must refuse the test themselves. We recommend that the parent submit a letter to the school indicating that the child will not take the state tests. However, the child must also inform the teacher that she or he will not be taking the tests. You can use these sample letters to opt out of the tests: bit.ly/IARoptout2024

Will my child be penalized for not taking the test?

No. There are no consequences for not testing and your child should not be punished for opting out of the state test.

Will state tests help my child or school in 2024?

Schools and teachers gather better information from everyday instruction than from standardized testing for helping your child learn. In addition, the delays in getting test results to schools mean they will not provide information that can be used to help your child this year.

Are there negative consequences for their school if my child opts out?

Schools may receive a lower accountability rating, but, since 2015, there have been no punitive consequences attached to those ratings for schools. In fact schools with lower ratings receive more support including, potentially, additional funding. No school has ever lost funding due to low participation.

Continued complicity with a system where state standardized testing disrupts learning is far more damaging to our public schools than families refusing the tests.

What will my child do when tests are being administered to other children?

Students should be given an alternative educational activity while other children are taking the test.

(Print the I Am Refusing image as Avery 6874 stickers)

Want to learn more? Read our main issue page on standardized testing here. Questions? Email [email protected] or call 773-916-7794

In the decades since the passage of the federal No Child Left Behind Act, much of the rhetoric around K-12 school performance and student academic achievement is centered around the percentage of students labeled as meeting or exceeding standards on state standardized tests. This percentage is often misinterpreted as the percentage of children scoring at or above grade level.

Frequently Asked Questions for grades K-8

What is state testing in Illinois for Grades 3–8?

State testing in Illinois for Grades 3–8 consists of a series of tests. Nearly all students in Grades 3–8 take the Illinois Assessment of Readiness (IAR), which tests students in English Language Arts and Mathematics. Students in Grades 5 and 8 also take a science test (ISA). Students with severe learning disabilities take a different test, called the DLM-AA. Students who are English Language Learners also take a test called ACCESS, which tests their proficiency with the English language.

How can my child opt out of taking the state tests in 2023?

In Illinois, a parent can inform the school that a child will not be participating in state testing but, according to the IL State Board of Education guidance, children must refuse the test themselves. We recommend that the parent submit a letter to the school indicating that the child will not take the state tests. However, the child must also inform the teacher that she or he will not be taking the tests. You can use these sample letters to opt out of the tests: bit.ly/IARoptout2023

Will my child be penalized for not taking the test?

No. There are no consequences for not testing and your child should not be punished for opting out of the state test.

Will state tests help my child or school in 2023?

Schools and teachers gather better information from everyday instruction than from standardized testing for helping your child learn. In addition, the delays in getting test results to schools mean they will not provide information that can be used to help your child this year.

Are there negative consequences for their school if my child opts out?

Schools may receive a lower accountability rating, but, since 2015, there have been no punitive consequences attached to those ratings for schools. In fact schools with lower ratings receive more support including, potentially, additional funding. No school has ever lost funding due to low participation.

Continued complicity with a system where state standardized testing disrupts learning is far more damaging to our public schools than families refusing the tests.

What will my child do when tests are being administered to other children?

Students should be given an alternative educational activity while other children are taking the test.

(Print the I Am Refusing image as Avery 6874 stickers)

Want to learn more? Read our main issue page on standardized testing here. Questions? Email [email protected] or call 773-916-7794