Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0496.01 Brita Darling x2241 HOUSE BILL 12-1049 HOUSE SPONSORSHIP Solano, SENATE SPONSORSHIP Aguilar, Bacon House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning prohibiting the imposition of penalties relating to students who do not participate in statewide student assessments. 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.) The bill prohibits a public school from penalizing a student whose parent does not allow the student to take all or part of a statewide student assessment. Further, the department of education shall not lower a public school's attainment level on the accreditation performance indicators or otherwise penalize a public school due to a parent's refusal to allow his or her child to participate in statewide student assessments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that: (a) Parental authority in educational decisions has been a guiding tenet in education policy in this state for several years and is a core value of the statewide system of public education in Colorado; (b) Parental rights, especially in the area of education, are broadly protected by United States Supreme Court decisions. The U.S. Supreme Court has repeatedly held that parents have the fundamental right to direct the upbringing and education of their children. (c) In Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), the U.S. Supreme Court declared that, "The child is not the mere creature of the State: those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."; (d) In recognition of both the right and responsibility of parents to control their children's education, the U.S. Supreme Court has further stated, "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the State can neither supply nor hinder." Prince v. Massachusetts, 321 U.S. 158, 166 (1944); (e) The U.S. Supreme Court has also recognized that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten liberties protected by the due process clause of the Fourteenth Amendment to the U.S. Constitution and criticized a state legislature for trying to interfere "with the power of parents to control the education of their own." Meyer v. Nebraska, 262 U.S. 390, 401 (1923); (f) Policies that place school personnel at odds with appropriate parental authority are counter to the goals held by Colorado's statewide system of public education; (g) Further, schools should not be judged based on parental compliance but on factors that are within a school's control; and (h) The performance of each school relating to statewide assessments should be based solely on the performance of students participating in the statewide assessments. (2) Therefore, the general assembly declares that schools and students should not be punished for the choices made and actions taken by parents in the best interests of their children with regard to participation by their children in annual statewide assessments. SECTION 2. In Colorado Revised Statutes, add 22-7-409.5 as follows: 22-7-409.5. State assessments - student non-participation - no penalty. (1) Notwithstanding any other provision of this article to the contrary, a school district, a charter school, or an institute charter school shall not penalize a student if the student's parent does not allow the student to participate in all or part of an assessment administered pursuant to section 22-7-409 or 22-7-1006. For purposes of this section, a penalty includes, but need not be limited to: (a) Withholding of credits toward graduation or denying a student the ability to graduate or receive a diploma; (b) Denying a student the opportunity to participate in an educational program or an extracurricular activity; or (c) Denying a student the ability to advance to a subsequent grade level. (2) Before administering an assessment pursuant to section 22-7-409 or 22-7-1006, the school district, charter school, or institute charter school shall inform parents that a parent has the right to refuse to allow his or her child to participate in the assessment. (3) The provisions of this section do not prohibit a school district, charter school, or institute charter school from enforcing compulsory attendance requirements pursuant to article 33 of this title. SECTION 3. In Colorado Revised Statutes, 22-11-204, amend (6) (c) as follows: 22-11-204. Performance indicators - measures. (6) Notwithstanding any provision of this section to the contrary: (c) Due to a parent's refusal to allow his or her child to participate in all or part of the administration of an assessment, the department may adjust the calculations specified in this section as necessary to take into account students for whom no score is recorded on shall not lower the level of attainment of or otherwise penalize a public school in response to the lack of participation or partial participation of one or more students in the administration of the statewide assessments; the standardized, curriculum-based, achievement, college entrance examination; or the postsecondary and workforce readiness assessments. SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.