(a)  All students enrolled in a public school unit (PSU) in grades 3 through 8 or in high school courses in which an end-of-course (EOC) assessment is administered shall participate in the State Annual Testing Program. PSUs shall report to the North Carolina Department of Public Instruction (NCDPI) test results for:

(1)           beginning of grade 3 reading proficiency

(2)           grades 3 through 8 end-of-grade (EOG) English language arts/reading and mathematics;

(3)           grades 5 and 8 EOG science;

(4)           grade 10 EOC English II;

(5)           grade 11 EOC assessments in NC Math 1, NC Math 3, and EOC Biology;

(6)           grade 11 ACT; and

(7)           grade 12 Career and Technical Education Concentrators and WorkKeys.

(b)  PSUs shall administer the tests in the Annual Testing Program in accordance with the rules in this Subchapter and the Elementary and Secondary Education Act of 1965 (ESEA), Pub. L. 89-10, 79 Stat. 27, amended by the Every Student Succeeds Act (ESSA), Pub. L. No. 114–95, 129 Stat. 1802 (2015), and the regulations adopted thereunder.

(c)  All students entitled to testing accommodations shall participate in the State Annual Testing Program using one of the following assessments as required by the student's accommodation:

(1)           The standard test administration with or without accommodations, or

(2)           An alternate assessment with or without accommodations.

(d)  "Students entitled to testing accommodations" for purposes of this Chapter shall mean:

(1)           students with Individualized Education Programs (IEPs) created under the Individuals with Disabilities Education Act, 33 U.S.C. 1414, and regulations adopted pursuant to that Act:

(2)           students with a plan created under 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 as implemented through 34 C.F.R. 104.44, and other regulations adopted pursuant to that Act;

(3)           students with documented transitory impairments with actual or expected duration of six months or less that affect their ability to demonstrate their knowledge on standard test administrations without accommodation as determined by the LEA; and

(4)           students who score below Level 5.0 Bridging on the reading domain of the WIDA Screener/ACCESS for ELLs®.



History Note:        G.S. 115C-12; 115C-105.35; 115C-83.15; 115C-174.11(c); 115C-288.66(11); 115C-218.65; 116-239.8(b)(14);

Emergency Adoption Eff. August 20, 2019;

Eff. March 17, 2021.