Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0620.01 Julie Pelegrin x2700 SENATE BILL 14-136 SENATE SPONSORSHIP Marble, Brophy, Grantham, Rivera, Herpin, Harvey, Hill, Baumgardner, Crowder, Lambert, Lundberg, Scheffel HOUSE SPONSORSHIP Saine, Humphrey, Everett, Holbert, Nordberg, Rankin, Wilson Senate Committees House Committees Education A BILL FOR AN ACT Concerning implementation of standards-based education, and, in connection therewith, delaying administration of new statewide assessments by one year and creating a task force to study implementation of Colorado academic standards. 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 delays by one year administration of the new statewide assessments in English language arts, mathematics, science, and social studies. The bill creates the Colorado academic standards task force (task force) to study implementation of the new Colorado academic standards adopted by the state board of education (state board), including the standards in English and math, commonly called the common core standards, created by national associations of governors and chief state school officers. The task force consists of: The chairman of the state board who is the chairman of the task force; Members selected by the chairman of the state board, including members of the state board, parents, and postsecondary-, secondary-, and elementary-grade teachers; and Members of the legislature. The task force will hold public hearings throughout the state and submit a report with recommendations to the governor, the state board, and the education committees by December 15, 2015. The state board and the education committees of the general assembly must discuss the task force's recommendations in public hearings, and the state board must decide whether to make changes to the Colorado academic standards in response to the task force recommendations. The task force is repealed, effective July 1, 2016. The department of education (department) cannot administer statewide assessments that are created by a consortia of states before the general assembly and the state board have an opportunity to act on the task force's recommendations. The department must ensure that statewide assessments that can be completed using paper and pencil are available to public schools until the general assembly and the state board have an opportunity to act on the task force's recommendations. The bill directs the department to contract with an independent entity to conduct a cost-benefit analysis of implementing and assessing the new Colorado academic standards. The analysis must be completed within 6 months after the bill passes. The task force must take the analysis into consideration when preparing its recommendations. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-7-409, amend (1) as follows: 22-7-409. Assessments - repeal. (1) Beginning in the spring semester of 1997, the department shall implement the Colorado student assessment program under which the department shall administer statewide assessments adopted by the board pursuant to section 22-7-406 in the first priority areas of reading, writing, mathematics, and science. The department shall administer the English versions of the state assessments and may administer any assessments adopted by the board in languages other than English, as may be appropriate for students with limited English proficiency; except that any student who has participated in the English language proficiency program, created pursuant to section 22-24-104, for more than a total of three school years shall be ineligible to take the assessments in a language other than English. The statewide assessments shall be administered as follows: (a) (I) Beginning in the spring semester 1997, and each spring semester thereafter, the department shall administer a statewide assessment in reading and writing to all students enrolled in fourth grade in public schools throughout the state. (II) This paragraph (a) is repealed, effective July 1, 2014 July 1, 2015. (b) (I) Beginning in the spring semester 1998, and each spring semester thereafter, the department shall administer a statewide assessment in reading to all students enrolled in the third grade in public schools throughout the state. (II) This paragraph (b) is repealed, effective July 1, 2014 July 1, 2015. (c) (I) Beginning in the fall semester 1999, the department shall administer a statewide assessment in mathematics to all students enrolled in the fifth grade in public schools throughout the state. (II) Beginning in the spring semester 2001, and each spring semester thereafter, the department shall administer a statewide assessment in mathematics to all students enrolled in the fifth grade in public schools throughout the state. (III) This paragraph (c) is repealed, effective July 1, 2014 July 1, 2015. (d) (I) Beginning in the spring semester 1999, and each spring semester thereafter, the department shall administer a statewide assessment in reading and writing to all students enrolled in the seventh grade in public schools throughout the state. (II) This paragraph (d) is repealed, effective July 1, 2014 July 1, 2015. (d.5) (I) Beginning in the spring semester 2000, and each spring semester thereafter, the department shall administer a statewide assessment in mathematics to all students enrolled in the eighth grade in public schools throughout the state. (II) This paragraph (d.5) is repealed, effective July 1, 2014 July 1, 2015. (e) (I) Beginning in the spring semester 2001, and each spring semester thereafter, the department shall administer a statewide assessment in reading to all students enrolled in the fifth, sixth, eighth, and ninth grades in public schools throughout the state and in reading, writing, and mathematics to all students enrolled in the tenth grade in public schools throughout the state. (II) This paragraph (e) is repealed, effective July 1, 2014 July 1, 2015. (f) (I) Beginning in the spring semester 2002, and each spring semester thereafter, the department shall administer a statewide assessment in writing to all students enrolled in the third, fifth, sixth, eighth, and ninth grades in public schools throughout the state and in mathematics to all students enrolled in the sixth, seventh, and ninth grades in public schools throughout the state. (II) This paragraph (f) is repealed, effective July 1, 2014 July 1, 2015. (g) (I) If sufficient moneys are received from the federal government through the federal "No Child Left Behind Act of 2001", Public Law 107-110, to pay for the development and administration of the assessments, Beginning in the spring semester 2006, at the latest, and each spring semester thereafter, the department shall administer a statewide assessment in mathematics to all students enrolled in the third and fourth grades in public schools throughout the state. (II) The assessments described in this paragraph (g) shall only be developed or administered to the extent that federal moneys are received to pay for such development and administration. It is the intent of the general assembly that no state moneys shall be used to develop or administer the assessments described in this paragraph (g). (III) This paragraph (g) is repealed, effective July 1, 2014 July 1, 2015. (h) Beginning in the 2014-2015 2015-16 school year, and each school year thereafter, the department shall administer a statewide assessment in English language arts to all students enrolled in grades three through eleven in public schools throughout the state. (i) Beginning in the 2014-2015 2015-16 school year, and each school year thereafter, the department shall administer a statewide assessment in mathematics to all students enrolled in grades three through eight in public schools throughout the state. Beginning in the 2014-2015 2015-16 school year, and each school year thereafter, the department shall also administer three statewide assessments in mathematics to students enrolled in a public high school in the state. (j) Beginning in the 2013-2014 2015-16 school year, and each school year thereafter, the department shall administer a statewide assessment in science to students enrolled in public elementary, middle, and high schools throughout the state. In specific grades to be determined by the department, the science assessment shall be administered once in elementary school, once in middle school, and once in high school. (k) Beginning in the 2013-2014 2015-16 school year, and each school year thereafter, the department shall administer a statewide assessment in social studies to students enrolled in public elementary, middle, and high schools throughout the state. In specific grades to be determined by the department, the social studies assessment shall be administered once in elementary school, once in middle school, and once in high school. SECTION 2. In Colorado Revised Statutes, add 22-7-1006.5 as follows: 22-7-1006.5. Colorado academic standards task force - legislative declaration - created - duties - report - repeal. (1) (a) The general assembly finds that: (I) The state constitution establishes the principle of local control in elementary and secondary education, which benefits Colorado students by maximizing the ability of school district boards of education, principals, teachers, and parents to shape their children's education; (II) Adopting the standards in mathematics and English language arts that were developed by national associations of governors and chief state school officers, referred to in this section as the "common core standards", and adopting the standardized tests developed for the common core standards by a consortia of states commonly known as the partnership for assessment of readiness for college and careers reduces the role of parents and local and state officials in the public education system; (III) Every student has the ability to learn and thrive under the right circumstances, and adopting national one-size-fits-all education standards does not improve students' academic experiences or achievement levels; (IV) The common core standards and the associated assessments developed by the partnership for assessment of readiness for college and careers do not accommodate the diversity of strengths, learning styles, and experiences of the children of Colorado; and (V) Colorado is a proud incubator of innovation and high achievement in industries ranging from agriculture to advanced technology, and the state must hold its students, teachers, and public education system to the same high standards of excellence for students to carry on this tradition of high achievement in an increasingly competitive global economy. (b) The general assembly finds, therefore, that the state board of education should adopt rigorous academic standards and assessments that are tailored to the needs and goals of Colorado students. Because creating high-quality academic standards requires time, the general assembly finds that it is necessary to continue operating under the current academic standards and the transitional Colorado assessment program for an additional year to give Colorado educators, parents, and the state board of education additional time to review the state academic content standards and assessments to determine what will best further the education goals of the state. (2) There is created in the department the Colorado academic standards task force, referred to in this section as the "task force", to study the adoption and implementation of the Colorado academic standards and to hold public hearings around the state. The task force consists of: (a) The chairman of the state board who shall serve as chairman of the task force; (b) The following members selected by the chairman of the state board: (I) Three members of the state board; (II) Two members who represent institutions of higher education, one of whom is a current or former faculty member at a four-year institution of higher education and one of whom teaches in a community college, junior college, or area vocational school. Of these two members, one must have expertise in mathematics, science, or engineering and one must have expertise in English language arts. (III) Three members who are employed as teachers in elementary grades; (IV) Three members who are employed as teachers in secondary grades, one of whom has expertise in mathematics, one of whom has expertise in science, and one of whom has expertise in English language arts; (V) One member who is a full-time teacher for his or her child in a nonpublic, home-based educational program as defined in section 22-33-104.5 (2) (a); and (VI) Two members who are parents of students, one of whom has a child who has an individualized education program pursuant to section 22-20-108; (c) Two members who are senators, one of whom is selected by the president of the senate and one of whom is selected by the minority leader of the senate; and (d) Two members who are state representatives, one of whom is selected by the speaker of the house of representatives and one of whom is selected by the minority leader of the house of representatives. (3) (a) The appointing authorities shall select the members of the task force by July 1, 2014. In case of a vacancy, the original appointing authority shall appoint a person to fill the vacancy. (b) In appointing members of the task force, the appointing authorities shall, to the extent practicable, select members that represent the ethnic, racial, and gender diversity of the state and select members from various geographic areas of the state. No more than three of the members that the chairman of the state board appoints may be nonresidents. The chairman of the state board shall ensure that the teachers appointed pursuant to subparagraphs (III) and (IV) of paragraph (b) of subsection (2) of this section include persons who are employed in noncharter public schools, charter schools, and nonpublic schools. (c) A person shall not serve as a member of the task force if the person or an immediate family member of the person has a financial interest, as defined in section 24-18-102 (4), C.R.S., in a business or other undertaking that may benefit from any of the official actions that the task force takes. (d) The members of the task force shall serve without compensation, but they shall receive reimbursement for reasonable expenses incurred in performing their duties on the task force. The department shall provide staff support for the task force as requested by the task force chairman. (e) A quorum of the task force consists of two-thirds of the members, and a quorum must be present for the task force to take an official action. At the first meeting of the task force, the chairman of the task force shall select a member to serve as the vice chairman of the task force. If the chairman of the state board leaves the position while the task force is operating, the vice chairman shall serve as chairman of the task force. (f) The task force shall hold at least ten public meetings throughout the state beginning no later than August 1, 2014. The task force chairman shall ensure that the task force members receive notice of each meeting at least one week before the meeting date. The task force shall hold at least one of its meetings in each congressional district. At each public meeting, the task force shall reserve time for public testimony concerning the Colorado academic standards adopted by the state board pursuant to section 22-7-1005 and implementation of the standards. The task force members may participate in meetings via telephone, video conferencing, or other electronic means so long as a quorum of the task force is physically present in one location to convene each meeting. (4) The task force shall: (a) Work with the department to select an independent entity to contract with the department for completion of a cost-benefit analysis of the projected costs and benefits of implementing and assessing the Colorado academic standards adopted by the state board pursuant to section 22-7-1005 in August 2010. The task force shall ensure that the selected entity does not have a financial interest, as defined in section 24-18-102 (4), in a business that involves academic curriculum or assessments. (b) Review the Colorado academic standards adopted by the state board in August 2010 pursuant to section 22-7-1005 that include the common core standards, and compare them with the standards adopted by the state board in December 2009 and the state model content standards that were in place before December 2009; (c) Compare the Colorado academic standards with the academic standards adopted for the public education systems in other states and other countries; (d) Determine whether the Colorado academic standards adopted by the state board in August 2010 are sufficiently rigorous to provide the necessary foundation for students who choose to seek postsecondary degrees in science, technology, engineering, and mathematics to successfully enroll in and complete these degree programs without the need for remediation; (e) Provide information to, and solicit input from, the public concerning the development of the Colorado academic standards, including the common core standards, and the development of the statewide assessments to be administered in science, social studies, English language arts, and mathematics beginning in the spring of 2016; (f) Review the available curricula that are aligned with the Colorado academic standards and provide information to, and solicit input from, the public concerning the curricula that school districts and charter schools may choose to adopt; and (g) Provide information to, and solicit input from, the public concerning the rights and responsibilities of school districts and charter schools specified in section 22-7-1013 with regard to adopting academic content standards and assessments. (5) No later than December 15, 2015, the task force shall submit to the governor, the state board, and the education committees of the senate and the house of representatives, or any successor committees, a report of its findings and recommendations concerning adoption and implementation of the Colorado academic standards, including the common core standards, and statewide assessments that are aligned with the standards. In preparing its recommendations, the task force shall take into consideration the cost-benefit analysis required in section 22-7-1018 (4). The report may include recommendations for statutory and regulatory changes with regard to the Colorado academic standards, including the common core standards, and the statewide assessments. (6) After receiving the task force report, the state board shall consider the task force recommendations in at least one public hearing. In addition, the state board shall discuss the task force recommendations with the education committees of the senate and the house of representatives, or any successor committees, in at least one joint hearing. After considering the task force recommendations, the state board shall make such changes to the Colorado academic standards as it finds are in the best interests of the state and its citizens and report the changes to the school districts and public schools of the state and to the general assembly. (7) The department shall not administer any assessment created by the consortia of states commonly known as the partnership for assessment of readiness for college and careers before the task force completes its report and the general assembly and the state board have an opportunity to act on the task force's recommendations. The department shall ensure that statewide assessments that can be completed using paper and pencil are available to local education providers until the task force completes its report and the general assembly and the state board have an opportunity to act on the task force's recommendations. (8) This section is repealed, effective July 1, 2016. SECTION 3. In Colorado Revised Statutes, 22-7-1018, add (4) as follows: 22-7-1018. Cost study. (4) (a) In addition to the study of costs required in subsection (1) of this section, the department of education shall contract with an independent entity selected by the task force created in section 22-7-1006.5 to complete a cost-benefit analysis of the projected costs and benefits of implementing and assessing the Colorado academic standards adopted by the state board pursuant to section 22-7-1005 in August of 2010.The terms of the contract must require completion of the cost-benefit analysis no later than six months after the effective date of this subsection (4). (b) At a minimum, the cost-benefit analysis must include: (I) A five-year projection of the statewide cost to fully implement and assess the Colorado academic standards, including but not limited to costs incurred for infrastructure upgrades and maintenance, software and programming, new assessments and curriculum materials, and professional development; (II) Consideration of the loss of instruction time that results from administering assessments; and (III) Comparisons between school districts that, on a pilot basis, have implemented all or portions of the statewide assessments developed by the consortia of states commonly known as the partnership for assessment of readiness for college and careers and school districts that are using the statewide assessments approved by the state board as of the effective date of this subsection (4). (c) The department of education shall submit a summary of the cost-benefit analysis to the task force created in section 22-7-1006.5, the state board, the joint budget committee of the general assembly, and the education committees of the senate and the house of representatives, or any successor committees. SECTION 4. 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.