SENATE 3rd Reading Unamended May 12, 2010 SENATE Amended 2nd Reading May 11, 2010 HOUSE 3rd Reading Unamended May 6, 2010 HOUSE Amended 2nd Reading May 5, 2010Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 10-0792.04 Julie Pelegrin HOUSE BILL 10-1430 HOUSE SPONSORSHIP Solano and Scanlan, Benefield, Ferrandino, Fischer, Massey, Merrifield, Middleton, Peniston, Ryden, Schafer S., Todd, Vigil SENATE SPONSORSHIP Hudak, House Committees Senate Committees Education Education Appropriations A BILL FOR AN ACT Concerning assessments in the elementary and secondary education system. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Section 1 of the bill makes legislative findings concerning the Colorado student assessment program (CSAP) and states the legislature's intent to replace the current assessments administered in the 9th, 10th, and 11th grades, starting in the 2010-11 academic year. The general assembly also states its expectations with regard to the new statewide assessment system that the state board of education (state board) is developing. Sections 2 through 4 address changes to assessments administered under the existing CSAP. Detailed language concerning the statewide assessments administered through the CSAP is repealed and replaced with a general requirement to administer the CSAP in reading, writing, mathematics and science. However, the department of education (department) will: Replace the 9th-grade CSAP assessments with the postsecondary and workforce planning assessment, to be administered by the state starting in the 2010-11 academic year; Replace the 10th-grade CSAP assessments with the postsecondary and workforce preparation assessment, to be administered by the state starting in the 2011-12 academic year; and Replace the 11th-grade curriculum-based, achievement college entrance exam with the postsecondary and workforce readiness assessment to be administered by the state starting in the 2012-13 academic year. The CSAP is repealed, effective July 1, 2013. Sections 5 through 12 of the bill address the new statewide assessment system (system) that the state board is developing. The dates for adopting the new system and related changes are extended; the state board is required to adopt the postsecondary and workforce planning, preparation, and readiness assessments within the next 3 years and to ensure that the entire system is in place no later than the 2013-14 academic year. The system is to include statewide, summative assessments only in mathematics and reading, as adopted by the state board working with a state consortia. The system will also include formative and interim assessments adopted and administered by the local education providers. The state board, by rule, will specify minimum parameters for the interim assessments. The results of the statewide summative assessments and the postsecondary and workforce readiness assessments are the only assessment data that the department may collect and include in the Colorado growth model. The local education providers are to use the results of the formative and interim assessments for diagnostic purposes. The state board will convene an assessment stakeholder committee (committee) to assist in designing the system. The department will also work with the committee to create a resource bank of interim assessments, best practices, rubrics, and other tools to support local education providers adopting and implementing their assessments. To the extent practicable and economically feasible, the new system is to include, but is not limited to, on-line and electronic assessments. All of the assessments included in the system must be valid and reliable, measure twenty-first century skills, and provide relevant, useable information. Because of changes to accreditation previously enacted, the bill repeals as obsolete language referring to school performance ratings. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that: (a) In 2008, the general assembly enacted the "Preschool to Postsecondary Education Alignment Act", part 10 of article 7 of title 22, Colorado Revised Statutes, which requires the state board of education to adopt new state model content standards and a new system of assessments to use in measuring students' mastery of those standards. The state board of education adopted the new state model content standards in December 2009 and is now beginning to design the new system of assessments. (b) The state board of education is now soliciting input from the elementary, secondary, and postsecondary education communities in the state concerning the design of the new system of assessments and has formed an assessment stakeholder advisory committee to assist the department of education in designing the new system of assessments; (c) Colorado has also agreed to be a member of one or more consortia of states that are working to develop reliable, open source, on-line or paper-and-pencil summative assessments that will be capable of measuring student academic growth in the subjects of mathematics and English language arts, including writing, toward attaining and demonstrating postsecondary and workforce readiness. The state board of education anticipates including these summative assessments in the new system of assessments. (d) The new system of assessments should improve upon the existing Colorado student assessment program by centering on the use of formative and interim assessments to provide rapid, usable, relevant, and reliable feedback on how students are progressing so that students can become more active participants in their learning and educators can receive the diagnostic feedback necessary to customize instruction; and (e) In adopting the new system of assessments, the state board of education should ensure that the summative assessments, to the extent they are included, and especially the formative and interim assessments: (I) Reliably and accurately gauge student knowledge and skill and can be used to inform teaching and learning; (II) Include postsecondary and workforce readiness assessments and assessments at all critical academic growth stages through the elementary and secondary education system; (III) Provide results that support analysis of yearly academic growth; (IV) Can be administered on-line or electronically, to the extent practicable, with real-time turnaround of results; (V) Allow multiple opportunities for students to take different test versions within the same school year if necessary to support and encourage student academic growth; (VI) Include a rich mix of testing items such as multiple-choice questions; open-ended, constructed response questions; and on-line simulations; and (VII) Are relevant to students, parents, and educators; (2) (a) The general assembly therefore declares that it is in the best interests of the people of the state of Colorado to repeal the existing Colorado student assessment program, effective July 1, 2013, and support the state board of education in adopting a new system of formative, interim, and summative assessments that will provide reliable, timely, diagnostic data that educators can use throughout the school year to customize education and ensure that all students advance in their mastery of standards and achieve postsecondary and workforce readiness by high school graduation. (b) The general assembly recognizes that the assessments administered pursuant to the Colorado student assessment program continue to be important until they are repealed in 2013 because they provide the state's only method for measuring student achievement and academic growth across schools and across school districts. However, the general assembly encourages school districts and public schools to immediately begin making greater use of formative and interim assessments to support student-centered learning and to use the results of these assessments in measuring student achievement. SECTION 2. Part 4 of article 7 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 22-7-415. Repeal of part. This part 4 is repealed, effective July 1, 2013. SECTION 3. 22-7-1003, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 22-7-1003. Definitions. As used in this part 10, unless the context otherwise requires: (7.5) "Formative assessment" means a set of assessment questions, tools, and processes that are embedded in instruction and used by teachers and students to provide timely feedback for purposes of adjusting instruction to improve learning. (8.5) "Interim assessment" means an assessment that is given at regular and specified intervals throughout the school year, is designed to evaluate students' knowledge and skills relative to a specific set of academic standards, and produces results that can be aggregated to inform teachers and administrators at the student, classroom, school, and local education provider levels. (25) "Summative assessment" means an assessment that is valid, reliable, and standardized, given at a particular point in time to measure a student's proficiency in relation to a specific set of academic standards. SECTION 4. 22-7-1006, Colorado Revised Statutes, is amended to read: 22-7-1006. Preschool through elementary and secondary education - aligned assessments - adoption - revisions. (1) (a) On or before December 15, 2010, or as soon thereafter as fiscally practicable, the state board shall adopt a system of assessments that are aligned with the preschool through elementary and secondary education standards and are designed to measure students' levels of attainment of the standards and to longitudinally measure students' academic progress toward attaining the standards and toward attaining postsecondary and workforce readiness. The system of assessments shall be based on using formative and interim assessments to analyze and support students' progress toward mastery of the standards. The system of assessments shall also include summative assessments in mathematics and English language arts, including writing, that the department develops in whole or in part in cooperation with the state consortia. The state board shall ensure that the system of assessments, including the postsecondary and workforce planning, preparation, and readiness assessments, is fully implemented as soon as fiscally practicable. (b) The department shall support local education providers in implementing the system of assessments by: (I) Helping to create formative assessments and to disseminate them to local education providers through the data portal developed and maintained by the department pursuant to section 22-11-502; and (II) Assisting local education providers in selecting, evaluating, purchasing, and implementing interim assessments to support data-driven classroom instruction. (2) (a) In adopting the system of assessments, the state board shall ensure, at a minimum, that the system is designed to: (I) Provide relevant, timely results that will aid teachers, parents, and students in identifying areas in which students may need additional support or assistance in attaining the standards; (II) Facilitate and ensure longitudinal measurement of students' academic growth over time; (III) Provide guidance to teachers, parents, and students in determining whether each student is making the necessary progress toward achieving postsecondary and workforce readiness; (IV) Provide results that may be used across multiple education systems as a student progresses from preschool through elementary and secondary education and into postsecondary education; (V) Maintain a high level of accountability across the state for students, schools, and school districts; (VI) Comply with the requirements of federal law with regard to statewide standardized testing; and (VII) Provide assessment scores that are useful in measuring student academic growth and performance, the academic performance of a school, and the academic performance of a school district for purposes of state and federal accountability systems; and (VIII) Include a variety of assessment types, including but not limited to multiple-choice questions, open-ended constructed responses, and on-line simulations. (b) In adopting a system of assessments, the state board shall give consideration to the use of ensure that the system is designed to require students to demonstrate and apply the skills listed in section 22-7-1005 (3) (e) through the use of formative, interim, and summative assessments and through the use of authentic assessment methods, such as portfolios, performance tasks, projects, exhibitions, and performances. so long as The state board shall further ensure that the assessment methods are valid and reliable, employ standard scoring criteria, and align with the preschool through elementary and secondary education standards, and give each local education provider flexibility in designing or adopting and implementing its specific formative and interim assessments. The state board shall design the system of assessments to ensure that the assessments used statewide and by individual local education providers are meaningful and relevant and provide to students, educators, and parents helpful, timely information. (c) In adopting a system of assessments, the state board shall also adopt scoring criteria for measuring a student's level of attainment of a standard based on the student's performance on a particular assessment and for measuring a student's progress toward attaining postsecondary and workforce readiness. (d) In adopting a system of assessments, the state board shall also make recommendations concerning a system of ratings for public schools that recognizes each school's success in supporting the longitudinal academic growth of the students enrolled in the public schools and in achieving adequate yearly progress as required by federal law. (e) In adopting a system of assessments, the state board shall recommend legislative changes as necessary to implement the system. and the proposed changes to the system of ratings for public schools. (3) The system of assessments, to the extent practicable, shall consist of on-line and electronic assessments to facilitate ease of administration, completion, and scoring, and to ensure the use of a consistent tool that allows the department to evaluate and compare student academic performance within each local education provider and across the state. However, to the extent an assessment that is neither on-line nor electronic is a more effective measure of the achievement of certain standards or in certain subjects, the system of assessments may include other forms of assessments. (2) (4) In adopting the system of assessments, the state board shall ensure that it includes the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008, and assessments at levels within the elementary and secondary education system as necessary and appropriate to measure longitudinal academic growth. (3) (5) In adopting an assessment that is aligned with the state standards for writing, the state board: (a) Shall ensure that any writing assessment that is included within the system of assessments can be evaluated and the results returned to the local education providers in a timely manner and that the assessment is designed to provide relevant, useful results; and (b) Shall seek input from local education providers concerning the writing assessments used by each local education provider, the usefulness of the assessments, and recommendations from the local education provider concerning writing assessments that would be effectively used at a statewide level; and (c) To the extent practicable shall not integrate the writing assessment with the reading assessment and shall ensure the ability of a local education provider to administer the reading and writing assessments independently. However, if the state board finds the integration of the writing assessment and reading assessment is a more effective measure of the achievement of certain standards, the system of assessments may include an integrated reading and writing assessment. (4) (6) The state board shall modify the system of assessments adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012. (5) (7) On or before July 1, 2016, and on or before July 1 every six years thereafter Every six years after the adoption of the system of assessments pursuant to paragraph (a) of subsection (1) of this section, the state board shall review and adopt any appropriate revisions to the system of assessments specified in this section. The state board may adopt revisions to an assessment or adopt additional assessments, regardless of whether it adopts any revision to the standards with which the assessment is aligned. In adopting revisions to the system of assessments, the state board shall ensure that the system of assessments continues to meet the requirements specified in this section. SECTION 5. 22-7-1008 (2) (a) and (3) (b), Colorado Revised Statutes, are amended to read: 22-7-1008. Postsecondary and workforce readiness description - postsecondary and workforce planning, preparation, and readiness assessments - adoption - revision. (2) (a) On or before December 15, 2010, or as soon thereafter as fiscally practicable, the state board and the commission shall negotiate a consensus and adopt one or more postsecondary and workforce planning assessments, postsecondary and workforce preparation assessments, and postsecondary and workforce readiness assessments that local education providers shall administer pursuant to section 22-7-1016. The state board and the commission shall base the selection of the postsecondary and workforce planning, preparation, and readiness assessments on the information received through the operation of the pilot program, ensuring that the selected assessments are aligned with the standards for grades nine through twelve and with the description of postsecondary and workforce readiness. (3) (b) On or before July 1, 2016, and on or before July 1 every six years thereafter Every six years after the adoption of the postsecondary and workforce planning, preparation, and readiness assessments pursuant to paragraph (a) of subsection (2) of this section, the state board and the commission shall review, negotiate a consensus, and adopt any appropriate revisions to the postsecondary and workforce planning, preparation, and readiness such assessments. The state board and the commission may adopt revisions to the postsecondary and workforce planning, preparation, and readiness assessments, regardless of whether they adopt any revisions to the postsecondary and workforce readiness description. In adopting revisions to the assessments, the state board and the commission shall ensure that the assessments continue to meet the requirements specified in subsection (2) of this section. The state board and the commission shall also review and adopt any appropriate revisions to the scoring criteria. SECTION 6. 22-7-1009 (1) and (6), Colorado Revised Statutes, are amended to read: 22-7-1009. Diploma endorsements - adoption - revisions. (1) On or before July 1, 2011, or as soon thereafter as fiscally practicable, the state board shall adopt criteria that a local school board, BOCES, or institute charter high school may apply if the local school board, BOCES, or institute charter high school chooses to endorse high school diplomas to indicate that students have achieved postsecondary and workforce readiness. The criteria shall include, but need not be limited to, the required minimum level of postsecondary and workforce readiness that a student must achieve to receive a readiness endorsement on his or her diploma from the local school board, BOCES, or institute charter high school. In identifying the required minimum level of postsecondary and workforce readiness, the state board shall ensure that the minimum level of postsecondary and workforce readiness reflects the expectations for postsecondary and workforce readiness that are applied nationally and internationally. (6) On or before July 1, 2017, and on or before July 1 every six years thereafter Every six years after the adoption of criteria for endorsements pursuant to subsection (1) of this section, the state board shall revise and adopt any appropriate revisions to the criteria for endorsements specified in this section. SECTION 7. 22-7-1013 (3), Colorado Revised Statutes, is amended to read: 22-7-1013. Local education provider - preschool through elementary and secondary education standards - adoption. (3) (a) Each local education provider shall adopt assessments, including formative, interim, and summative assessments, as may be required by the system of assessments adopted by the state board pursuant to section 22-7-1006. (b) In addition to the assessments adopted pursuant to paragraph (a) of this subsection (3), each local education provider shall adopt formative, interim, and, to the extent the local education provider deems appropriate, summative assessments that are aligned with the local education provider's standards and curricula and that will adequately measure each student's progress toward and attainment of the local education provider's standards for the subject areas that are not assessed by the state through the system of assessments adopted by the state board pursuant to section 22-7-1006. (c) In adopting assessments pursuant to paragraphs (a) and (b) of this subsection (3), each local education provider shall ensure that the assessments are designed to require students to demonstrate and apply the skills listed in section 22-7-1005 (3) (e) through the use of authentic assessment methods, such as portfolios, performance tasks, projects, exhibitions, and performances. The local education provider shall further ensure that the assessment methods are valid and reliable, employ standard scoring criteria, and align with the preschool through elementary and secondary education standards. The local education provider shall design its assessments to ensure that they are meaningful and relevant and provide to students, educators, and parents helpful, timely information. SECTION 8. 22-7-1015 (3) (a), Colorado Revised Statutes, are amended to read: 22-7-1015. Postsecondary and workforce readiness program - technical assistance. (3) (a) It is the intent of the general assembly that, on or before December 15, 2012 2013, each student who enrolls in a public high school operated by a local education provider shall enroll in and successfully complete a postsecondary and workforce readiness program. Each local education provider shall require each high school student, beginning in ninth grade and continuing through twelfth grade, to enroll in the local education provider's postsecondary and workforce readiness program. SECTION 9. 22-7-1016 (1), Colorado Revised Statutes, is amended to read: 22-7-1016. Postsecondary and workforce planning, preparation, and readiness assessments - transcripts. (1) On or before December 15, 2012 Each local education provider shall administer the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008 within two years after the adoption of such assessments. Upon receiving the results following administration of the postsecondary and workforce planning, preparation, and readiness assessments, the local education provider shall provide to each student a printed copy of the student's assessment results, and a teacher or counselor shall review each student's results with the student and, to the extent practicable, with the student's parent or legal guardian and determine the areas in which the student continues to need instruction in order to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. SECTION 10. 22-7-1019 (2), Colorado Revised Statutes, is amended to read: 22-7-1019. Preschool to postsecondary and workforce readiness - progress reports - effectiveness reports. (2) On or before February 15, 2013 2014, and on or before February 15 each year thereafter, the department of education shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report concerning the results achieved through implementation of school readiness, the preschool through elementary and secondary education standards, and postsecondary and workforce readiness. SECTION 11. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.