(1) All tests used in accordance with this part shall be equivalent tests. Each year, at least thirty percent (30%) of items on each test must be fresh, nonredundant items that did not appear on that test in the previous two (2) years. The commissioner shall ensure that assessments used to measure academic progress required by this chapter meet acceptable standards of reliability and appropriately measure students at all levels of achievement.
(2) The commissioner shall develop formative assessment question banks that are aligned to state-mandated summative assessments measuring the academic progress of students. The department of education shall make the formative assessment question banks available for use by LEAs. The commissioner shall begin developing the formative assessment question banks required under this subsection (b) no later than July 1, 2020.