First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0572.01 Julie Pelegrin x2700 SENATE BILL 15-073 SENATE SPONSORSHIP Merrifield, Aguilar, Todd HOUSE SPONSORSHIP (None), Senate Committees House Committees Education Finance A BILL FOR AN ACT Concerning reducing the assessments administered in public schools. 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.) Existing law directs the state board of education (state board) to adopt a system of statewide assessments. The bill clarifies that the state board must adopt statewide assessments only to the extent required by federal law. The bill repeals the requirement that the state board adopt postsecondary and workforce planning and preparation assessments. Each school district, board of cooperative services that operates a public school, and charter school (local education provider) must notify the department of education (department) of the grades in which it will administer assessments in the subjects for which the federal law allows administration to a single grade level in an interval of grades. The bill requires the state board to apply for a waiver from federal law to allow the state to administer a standardized, curriculum-based, college entrance examination that is relied upon by institutions of higher education (ACT) as the sole assessment administered statewide in high school. The commissioner of education must notify the education committees of the general assembly when the department submits the request and receives a reply. The department may apply for other waivers of the federal testing requirements and, if the waivers are granted, will administer statewide tests only to the extent required by the waiver. Under current law, each local education provider must adopt assessments for the subjects that are not included in a statewide assessment but for which the local education provider adopts academic standards. Under the bill, a local education provider must just ensure that teachers assess students in each of these subject areas. Under current law, each local education provider must administer interim literacy assessments throughout the school year in kindergarten and grades one through 3 to determine whether a student may have a significant reading deficiency. The bill requires the local education providers to administer the interim assessments only up to 3 times per school year. If, based on an assessment administered in a specific school year, the local education provider determines that a student does not have a significant reading deficiency, the student does not have to take the assessment again in the same school year. A local education provider may use the results obtained from administering the school readiness assessment to a student in kindergarten to determine whether the student has a significant reading deficiency, rather than administering the interim literacy assessment to the student. The bill repeals the existing statute that governs statewide testing, which includes repealing the requirement that local education providers administer the ACT in eleventh grade. The bill recreates the statutory provisions that relate to testing in languages other than English, testing children with disabilities, exempting from testing the children that participate in nonpublic, home-based educational programs and nonpublic schools, the dissemination and use of test results, allowing nonpublic schools to administer the statewide tests, and appropriating moneys to fund statewide testing. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 22-7-1006 as follows: 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 statewide assessments that are in the subject areas required by the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., as amended. The statewide assessments that the state board adopts must be aligned with the preschool through elementary and secondary education standards for these subjects 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 department, in collaboration with local education providers, shall administer the statewide assessments as provided in section 22-7-1006.3. In adopting the system of statewide assessments, the state board shall ensure, at a minimum, that the system is assessments are 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 in mathematics, English language arts, and science; (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 performance, the academic performance of a school, and the academic performance of a school district for purposes of state and federal accountability systems. (b) In adopting a system of statewide assessments, the state board shall give consideration to the use of authentic assessment methods, such as portfolios, projects, and performances, so long as the assessment methods are valid and reliable, employ standard scoring criteria, and align with the preschool through elementary and secondary education standards. (c) In adopting a system of statewide 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 statewide 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 statewide 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. (1.5) Colorado shall participate as a governing board member, at least until January 1, 2014, in a consortium of states that focuses on the readiness of students for college and careers by developing a common set of assessments. On or before January 1, 2014, and on or before each January 1 thereafter, if Colorado is a governing board member of the consortium of states, the state board is strongly encouraged to conduct a fiscal and student achievement benefit analysis of Colorado remaining a governing board member of the consortium. If adopting the system of assessments that is aligned with the state standards for reading, writing, and mathematics, the state board shall rely upon assessments developed by the consortium of states. (2) In adopting the system of statewide 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. (3) In adopting an a statewide assessment that is aligned with the state standards for writing, the state board shall: (a) Ensure that any writing assessment that is included within the system of statewide 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) 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. (4) The state board shall modify the system of statewide 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) (a) Every six years after the initial adoption of the system of statewide assessments pursuant to paragraph (a) of subsection (1) of this section, the state board shall review and adopt any appropriate revisions to such system of the statewide assessments, including revisions to assessments that are administered in languages other than English. 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 statewide assessments, the state board shall ensure that the system of assessments continues assessments continue to meet the requirements specified in this section. (b) The state board shall review and update, as necessary to maintain the integrity and security of the assessments, the assessment administration and security policies. SECTION 2. In Colorado Revised Statutes, add 22-7-1006.3 as follows: 22-7-1006.3. Statewide assessments - administration. (1) (a) Beginning in the 2015-16 school year, the department, in collaboration with local education providers, shall administer the statewide assessments adopted by the state board pursuant to section 22-7-1006. The department, in collaboration with local education providers, shall administer the statewide assessments only at the grade levels and within the grade intervals required by the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., as amended. (b) By July 1, 2015, each local education provider shall report to the department the grade levels at which it will administer the statewide assessments in the subjects for which the federal law requires administration once within specified grade intervals; except that a local education provider shall not administer a statewide assessment to students enrolled in twelfth grade. If a local education provider chooses to change an assessment grade level after the 2015-16 school year, the local education provider must: (I) Notify the department no later than July 1 of the school year in which the local education provider will implement the change; and (II) Ensure that the change in assessment grade level does not result in a student cohort that does not take the statewide assessment during a required grade interval. (c) Local education providers shall administer the statewide assessments on a schedule that the department annually sets. (d) As soon as possible after the effective date of this section, the state board shall request from the federal department of education a waiver from the requirements of the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq., if necessary to be able to use a standardized, curriculum-based, achievement, college entrance examination that is administered throughout the United States, and relied upon by institutions of higher education, as the sole assessment administered statewide in grades nine through twelve in lieu of the statewide assessments adopted by the state board in English language arts, mathematics, and science. When the department submits the waiver request to the federal department of education, the commissioner of education shall notify the chairpersons of the education committees of the house of representatives and the senate, or any successor committees, and shall provide a written copy of the waiver request. As soon as practicable after the department receives a reply from the federal department of education that grants the waiver request, in whole or in part, or denies the waiver request, the commissioner of education shall provide a copy of the reply to the chairpersons of the education committees of the house of representatives and the senate, or any successor committees. (e) This subsection (1) does not prohibit the department or the state board from requesting a waiver from the federal assessment requirements that is in addition to the waiver described in paragraph (d) of this subsection (1). Notwithstanding any provision of this subsection (1) to the contrary, if the state board or the department receives a waiver from the federal assessment requirements, the department, in collaboration with local education providers, must administer the statewide assessments only to the extent required by the waiver. (2) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), each student enrolled in a public school is required to take the assessments administered pursuant to subsection (1) of this section at the grade level in which the student is enrolled, as determined by the enrolling local education provider. (b) A child who is enrolled in a nonpublic school or participating in a nonpublic home-based educational program pursuant to section 22-33-104.5 is not required to take an assessment administered pursuant to this section, even though the child may also be attending a public school for a portion of the school day and therefore included in the enrollment of a local education provider. (c) A student who has an individualized education program as provided in section 22-20-108, and who is eligible, according to the annual review of the student's individualized education program, for the state's alternate assessment for students with significant cognitive disabilities or another assessment approved by rule of the state board, is not required to take the assessments administered pursuant to subsection (1) of this section, but the student must take the alternate assessment or the other approved assessment. Each local education provider shall report to the department the results of the alternate assessments or other approved assessments administered to students enrolled in the local education provider. The department shall aggregate the results separately for each public school. (d) If a student has an individualized education program as provided in section 22-20-108, but is not eligible for the alternate assessment or other approved assessment, the enrolling local education provider shall assess the student in each subject area for which there is a statewide test at the grade level in which the student is enrolled. If, as part of a student's individualized education program, the student attends part-time a school or program away from the school in which the student is enrolled, the local education provider in which a student is enrolled, or the administrative unit, may designate either the school of residency or the school of attendance as the school to which the department must assign the student's scores for purposes of measuring the levels of attainment on the performance indicators specified in section 22-11-204, determining accreditation categories pursuant to section 22-11-208, and measuring public school performance pursuant to section 22-11-210. (3) The department in collaboration with local education providers shall administer the English versions of the statewide assessments and may administer an assessment adopted by the state board in languages other than English, as may be appropriate for English language learners; except that a student who has participated in an English language proficiency program, as provided in article 24 of this title, for more than a total of three school years is ineligible to take the statewide assessments in a language other than English. (4) The department, by policy, may determine whether the scores of one or more groups of students are not appropriate to be used in measuring the levels of attainment on the performance indicators, as defined in section 22-11-103. A policy that the department adopts pursuant to this subsection (4) must be in accordance with the requirements of federal statutes and regulations. (5) (a) The department shall provide to each local education provider the results of all of the statewide assessments that the local education provider administers and make available to local education providers the assessment data of individual students that is required to measure academic progress over time. The department shall align the disaggregation of assessment results with the exclusion of scores permitted by subsection (4) of this section. (b) The department shall release to the public only those assessment results that the department deems valid. The department shall not rely on assessment results that the department has deemed invalid in performance calculations when assigning ratings or school plan types, as described in article 11 of this title, to a local education provider. At any time that the department releases assessment results to the public, in addition to releasing the results of the English versions of the assessments, the department shall release the results of any assessments administered in languages other than English. (c) Upon the request of a local education provider, the entity that is responsible for developing a statewide assessment must return to the local education provider the student responses to the essay portion and appropriate paragraphs that are released from an English language arts portion of the statewide assessment and the results of all requested statewide assessments, if administered pursuant to subsection (1) of this section. The requesting local education provider must pay the entity for the actual cost of photocopying and mailing the English language arts portion of the statewide assessment. The requesting local education provider shall maintain the confidentiality of all assessment results that it receives and may use the essay portion and appropriate paragraphs only to improve an individual student's writing skills. (d) Each local education provider shall include the results of the assessments required by subsection (1) of this section on each student's final report card for the applicable school year and include the results in the student's permanent academic record; except that a local education provider may include assessment data on a student's final report card only if the local education provider has sufficient time to process the assessment results after they are released. (6) (a) Each local education provider shall ensure that appropriate personnel within each public school meet with and explain to the parent or legal guardian of each student enrolled in the public school the student's assessment results and diagnostic reporting returned to the student's public school. (b) The department shall create, maintain, and make available to local education providers and parents or legal guardians, upon request, a list of resources and programs that public schools and parents or legal guardians may access to assist students in addressing specific learning issues identified by the assessment results provided pursuant to this section. (7) (a) The department shall permit a nonpublic school to administer the assessments required by subsection (1) of this section and shall provide to the nonpublic school the results of any assessments administered, including diagnostic reporting for each student's performance on each assessment. The nonpublic school must pay all costs associated with administering and providing results for the assessments. (b) A local education provider, upon the request of the parent or legal guardian of a child who is participating in a nonpublic home-based educational program pursuant to section 22-33-104.5, shall permit the child to take an assessment required by subsection (1) of this section and shall provide to the parent or legal guardian of the child the results of any assessments administered, including diagnostic reporting for the child's performance on each assessment. The parent or legal guardian of the child must pay all costs associated with administering and providing results for the assessments. (8) For each fiscal year, the general assembly shall appropriate moneys in the annual general appropriation act to the department to fund administration of the statewide assessments as described in this section. SECTION 3. In Colorado Revised Statutes, 22-7-1013, amend (3) as follows: 22-7-1013. Local education provider - preschool through elementary and secondary education standards - adoption - academic acceleration. (3) Each local education provider shall adopt ensure that educators administer 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. SECTION 4. In Colorado Revised Statutes, 22-7-1205, amend (1) (a); and add (1) (d) and (1) (e) as follows: 22-7-1205. Reading competency - assessments - READ plan creation - parental involvement. (1) (a) Each local education provider that enrolls students in kindergarten or first, second, or third grade shall ensure that teachers measure each student's reading competency using interim reading assessments at least once during the spring semester of the 2012-13 school year and up to three times throughout the year in subsequent school years. A local education provider may also administer a summative assessment to measure students' reading competency at the conclusion of kindergarten, first, and second grades. Each local education provider shall select from the list of approved assessments adopted by rule of the state board pursuant to section 22-7-1209 (1) those assessments it shall use to measure a student's reading competency. A local education provider may choose to use other reading assessments in addition to but not in lieu of the approved assessments. (d) If, based on a student's scores on the approved reading assessments in a specific school year, a teacher finds that a student does not have a significant reading deficiency, the local education provider is not required to administer the approved interim reading assessments to the student for the remainder of the specific school year. (e) Notwithstanding any provision of this part 12 to the contrary, in lieu of administering the interim reading assessment for kindergarten students, a local education provider may use the results of the school readiness assessment administered to kindergarten students pursuant to section 22-7-1014 to determine whether a student enrolled in kindergarten may have a significant reading deficiency. SECTION 5. In Colorado Revised Statutes, 22-7-1003, amend (16); and repeal (12), (13), and (14) as follows: 22-7-1003. Definitions. As used in this part 10, unless the context otherwise requires: (12) "Pilot program" means the pilot program for administration of postsecondary and workforce planning, preparation, and readiness assessments implemented pursuant to section 22-7-1007. (13) "Postsecondary and workforce planning assessment" means an assessment or battery of assessments administered to students in eighth or ninth grade that, at a minimum, tests in the areas of reading, mathematics, and science, provides guidance regarding a student's level of academic preparation for entry into postsecondary education or the workforce, and is relevant to the student for purposes of postsecondary planning. (14) "Postsecondary and workforce preparation assessment" means an assessment or battery of assessments administered to students in tenth grade that, at a minimum, tests in the areas of reading, mathematics, and science, provides guidance regarding a student's level of academic preparation for entry into postsecondary education or the workforce, and is relevant to college admission determinations. (16) "Postsecondary and workforce readiness assessment" means an assessment or battery of assessments administered to students in eleventh grade during the time they are enrolled in ninth through twelfth grade that, at a minimum, tests in the areas of reading, mathematics, and science required by the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., as amended, and is relevant to college admission determinations by institutions of higher education throughout the United States. SECTION 6. In Colorado Revised Statutes, repeal 22-7-1007. SECTION 7. In Colorado Revised Statutes, 22-7-1005, amend (4) as follows: 22-7-1005. Preschool through elementary and secondary education - aligned standards - adoption - revisions. (4) In adopting the standards for preschool through elementary and secondary education pursuant to this section, the state board shall ensure that it includes standards for grades nine through twelve that are aligned with the postsecondary and workforce planning, preparation, and readiness assessments adopted by the state board and the commission pursuant to section 22-7-1008. SECTION 8. In Colorado Revised Statutes, 22-7-1008, amend (1) (b), (2), and (3) (b) as follows: 22-7-1008. Postsecondary and workforce readiness description - postsecondary and workforce readiness assessments - adoption - revision. (1) (b) Based on the data received by the department of education from the operation of the pilot program pursuant to section 22-7-1007, the state board and the commission may modify the description of postsecondary and workforce readiness as appropriate to ensure alignment of the standards for grades nine through twelve, the postsecondary and workforce planning, preparation, and readiness assessments, and the description of postsecondary and workforce readiness. The state board and the commission may further modify the description of postsecondary and workforce readiness as necessary based on the recommendations received through the peer review process on the amended state plan pursuant to section 22-7-1012 to ensure alignment of the postsecondary and workforce readiness description with the standards and assessments. (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 ensure that the selected assessments are aligned with the standards for grades nine through twelve and with the description of postsecondary and workforce readiness. (b) Following adoption of the postsecondary and workforce planning, preparation, and readiness assessments, the state board and the commission shall negotiate a consensus and adopt scoring criteria for the postsecondary and workforce planning, preparation, and readiness assessments to indicate a student's level of postsecondary and workforce readiness, based on the student's level of performance on the assessments. The state board and the commission shall ensure that the scoring criteria for the postsecondary and workforce planning, preparation, and readiness assessments are aligned with the scoring criteria that apply to the system of assessments for preschool through elementary and secondary education standards. (c) The state board and the commission shall negotiate a consensus and modify the postsecondary and workforce planning, preparation, and readiness 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. (3) (b) 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 such the 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 9. In Colorado Revised Statutes, 22-7-1012, amend (2) (a) introductory portion and (2) (a) (I); and repeal (1) as follows: 22-7-1012. State plan - amendments - peer review - final adoption. (1) The department of education shall solicit information from local education providers that began administering postsecondary and workforce planning, preparation, and readiness assessments prior to implementation of the pilot program and from local education providers and assessment vendors that are participating in the pilot program. The department of education may contract with an independent, nationally recognized third party to conduct a rigorous evaluation of the information received and, based on the evaluation, to make recommendations to the department and the state board concerning amendments to the state plan. (2) (a) As soon as practicable under federal law, based on the evaluation of information received pursuant to subsection (1) of this section and on information received by the state board pursuant to section 22-7-1010 and on any information received from the regional educator meetings pursuant to section 22-7-1011, the department of education shall submit to the federal department of education amendments to the state plan for peer review and approval. The amendments, at a minimum, shall include: (I) Amendments to incorporate the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005, including the standards for grades nine through twelve that are aligned with the postsecondary and workforce planning, preparation, and readiness assessments adopted pursuant to section 22-7-1008; and SECTION 10. In Colorado Revised Statutes, 22-7-1015, amend (3) (b) as follows: 22-7-1015. Postsecondary and workforce readiness program - technical assistance. (3) (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), a local education provider may allow a student who is receiving special education services to demonstrate attainment of postsecondary and workforce readiness through a differentiated plan for purposes of the postsecondary and workforce readiness program and the postsecondary and workforce planning, preparation, and readiness assessments, if required in the student's individualized education program. SECTION 11. In Colorado Revised Statutes, 22-7-1016, amend (1), (2) (b), and (4) (a) as follows: 22-7-1016. Postsecondary and workforce readiness assessments - transcripts. (1) 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 of 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. (2) Each high school student's final transcript shall describe the student's level of postsecondary and workforce readiness by: (b) Indicating the student's level of performance on the postsecondary and workforce planning, preparation, and readiness assessments. (4) (a) A local education provider shall not apply a student's level of performance in the postsecondary and workforce readiness program or on the postsecondary and workforce planning, preparation, and readiness assessments to prohibit the student from participating in any program operated by the local education provider through which the student may earn postsecondary or career and technical education course credits while enrolled in high school. SECTION 12. In Colorado Revised Statutes, 22-7-1018, amend (1) (c) (V), (1) (c) (VI), (1) (c) (VII), and (2) (b) as follows: 22-7-1018. Cost study. (1) (c) At a minimum, the cost study shall address the costs associated with: (V) Aligning the preschool, elementary, secondary, and postsecondary education curricula with the postsecondary and workforce readiness description and administering and reviewing the postsecondary and workforce planning, preparation, and readiness assessments; (VI) Making changes to the postsecondary admissions processes and publications to take into account the postsecondary and workforce readiness description and the postsecondary and workforce planning, preparation, and readiness assessments; and (VII) Reviewing, adopting, and implementing standards in educator preparation programs to incorporate the preschool through elementary and secondary education standards, the school readiness description, the system of assessments, the individualized readiness plans, the postsecondary and workforce readiness description, and the postsecondary and workforce planning, preparation, and readiness assessments. (2) The entity selected to conduct the cost study shall submit reports to the department of education and the department of higher education in accordance with the following timeline: (b) On or before October 1, 2011, a report of the costs pertaining to implementation of the school readiness assessments, the system of assessments that is aligned with the preschool through elementary and secondary education standards, and the postsecondary and workforce planning, preparation, and readiness assessments; and SECTION 13. In Colorado Revised Statutes, 22-11-202, repeal (1) (c) as follows: 22-11-202. Colorado growth model - technical advisory panel - rules. (1) (c) Within ninety days after receiving the information from the 2009-10 administration of the postsecondary and workforce planning, preparation, and readiness assessments pursuant to section 22-7-1007, the department shall recommend to the state board for adoption by rule any necessary adjustments to the Colorado growth model to ensure that it measures student academic growth over time toward attainment of the standards adopted pursuant to section 22-7-1005 and attainment of postsecondary and workforce readiness as described pursuant to section 22-7-1008. In recommending adjustments to the Colorado growth model, the department shall consult with the technical advisory panel appointed pursuant to subsection (2) of this section. SECTION 14. In Colorado Revised Statutes, 23-1-113, amend (6) as follows: 23-1-113. Commission directive - admission standards for baccalaureate and graduate institutions of higher education - policy - definitions. (6) (a) On or before December 15, 2010, pursuant to section 22-7-1008, C.R.S., the commission and the state board of education shall negotiate a consensus and adopt one or more postsecondary and workforce planning, preparation, and readiness assessments for use by school districts, boards of cooperative services, district charter high schools, and institute charter high schools. The commission and the state board of education also shall negotiate a consensus and adopt scoring criteria to indicate a student's level of postsecondary and workforce readiness, as provided in section 22-7-1008, C.R.S. (b) Every six years after the adoption of the postsecondary and workforce planning, preparation, and readiness assessments pursuant to section 22-7-1008, C.R.S., the commission and the state board of education may negotiate a consensus and adopt revisions to such assessments. The commission and the state board of education may also revise the scoring criteria for the postsecondary and workforce planning, preparation, and readiness assessments, as necessary. SECTION 15. In Colorado Revised Statutes, repeal part 4 of article 7 of title 22. SECTION 16. In Colorado Revised Statutes, 2-2-1801, amend (1) (d) as follows: 2-2-1801. Legislative declaration. (1) The general assembly finds that: (d) At a minimum, the study should examine how the statewide assessments required in sections 22-7-409, 22-7-1006 and 22-7-1013 22-7-1006.3, C.R.S., and in part 12 of article 7 of title 22, C.R.S., are administered, how the data obtained from the assessments are used, and the impact of the statewide assessments on local assessment systems, instructional time, and administrative workload; SECTION 17. In Colorado Revised Statutes, 2-2-1802, amend (6) and (10) as follows: 2-2-1802. Definitions. As used in this part 18, unless the context otherwise requires: (6) "Local assessments" means assessments that a school district or charter school adopts and administers pursuant to section 22-7-407, 22-7-1013 or 22-7-1205, C.R.S. (10) "Statewide assessments" means the assessments administered pursuant to section 22-7-409, 22-7-1006, 22-7-1006.3 or 22-7-1205, C.R.S. SECTION 18. In Colorado Revised Statutes, 18-1.3-407, amend (3.4) (c) as follows: 18-1.3-407. Sentences - youthful offenders - legislative declaration - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - definitions. (3.4) In addition to the powers granted to the department of corrections in subsection (3.3) of this section, the department of corrections may: (c) Contract with any public or private entity, including but not limited to a school district, for provision or certification of educational services. Offenders receiving educational services or diplomas from a school district under an agreement entered into pursuant to this paragraph (c) shall not be included in computing the school district's student performance on statewide assessments pursuant to section 22-7-409 section 22-7-1006.3, C.R.S., or the school district's levels of attainment of the performance indicators pursuant to article 11 of title 22, C.R.S. SECTION 19. In Colorado Revised Statutes, 22-1-104, amend (4) (a) as follows: 22-1-104. Teaching of history, culture, and civil government. (4) (a) In an effort to increase civic participation among young people, each school district board of education shall convene a community forum on a periodic basis, but not less than once every ten years, for all interested persons to discuss adopted content standards in civics, including the subjects described in subsection (2) of this section. and in conformance with the plan to reexamine acceptable performance levels described in section 22-7-407 (2). SECTION 20. In Colorado Revised Statutes, 22-1-123, amend (5) (b) as follows: 22-1-123. Protection of student data - parental or legal guardian consent for surveys. (5) (b) The requirement of written consent pursuant to this subsection (5) applies throughout a public school's curriculum and other school activities; except that the requirement of written consent does not apply to a student's participation in an assessment administered pursuant to section 22-7-407 or 22-7-409 or part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students. SECTION 21. In Colorado Revised Statutes, 22-2-106, amend (1) (a.5) introductory portion and (1) (a.5) (V) as follows: 22-2-106. State board - duties. (1) It is the duty of the state board: (a.5) To adopt, on or before May 15, 2013, a comprehensive set of guidelines for the establishment of high school graduation requirements to be used by each school district board of education in developing local high school graduation requirements. Each school district board of education shall retain retains the authority to develop its own unique high school graduation requirements, so long as those local high school graduation requirements meet or exceed any minimum standards or basic core competencies or skills identified in the comprehensive set of guidelines for high school graduation developed by the state board pursuant to this paragraph (a.5). In developing the guidelines for high school graduation, the state board shall utilize the recommendations of the state graduation guidelines development council established in section 22-7-414, as it existed prior to July 1, 2008, and shall: (V) Utilize standards-based education, as described in section 22-7-402, and as revised pursuant to part 10 of article 7 of this title, as the framework for the development of the guidelines for high school graduation and consider how high school graduation requirements can be articulated in a standards-based education system. In the process of developing the guidelines for high school graduation, the state board shall ensure that the state model content standards, adopted pursuant to section 22-7-406, are sufficiently rigorous, particularly in the core academic subject areas of mathematics, science, reading, and writing so that students are exposed to subject matter that research indicates will adequately prepare them for entrance into the workforce or the postsecondary education system. On or before August 1, 2007, the state board shall begin to receive public comment on the adequacy of the existing state model content standards. As part of receiving public comment, the state board is encouraged to form a stakeholder group of parents, teachers, administrators, and others to develop recommendations related to modernizing the state model content standards in mathematics, science, reading, and writing. On or before February 1, 2008, the state board shall report to the education committees of the house of representatives and the senate, or any successor committees, on the adequacy of the existing state model content standards in these subject matters. SECTION 22. In Colorado Revised Statutes, 22-2-109, amend (6) (a) introductory portion and (6) (a) (II) as follows: 22-2-109. State board of education - additional duties - teacher standards - principal standards. (6) (a) On or before January 1, 2003, the state board of education by rule shall adopt performance-based principal licensure standards to guide the development of principal preparation programs offered by institutions of higher education. The state board of education shall develop said standards in collaboration with institutions of higher education that offer principal preparation programs, superintendents and local boards of education, and the commission on higher education. The state board of education shall ensure that said standards are consistent with national standards for principal preparation. Said standards shall must include, but need not be limited to, the following: (II) Instructional skills and knowledge and the use of data necessary to lead and organize a standards-based school that is characterized by student proficiency in literacy and the state model content standards as described in section 22-7-406 section 22-7-1005. SECTION 23. In Colorado Revised Statutes, 22-2-117, amend (1.5) as follows: 22-2-117. Additional power - state board - waiver of requirements - rules. (1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-409 sections 22-7-1006.3, 22-32-105, 22-32-109 (1) (bb) (I) and (2), 22-32-109.1 (2) (a), 22-32-146, and 22-33-104 (4). SECTION 24. In Colorado Revised Statutes, 22-2-406, amend (1) (a) as follows: 22-2-406. Facility schools board duties - curriculum - graduation standards - rules. (1) In addition to any other duties provided by law, the facility schools board shall: (a) Adopt curriculum to be provided by approved facility schools. At a minimum, the facility schools board shall align the curriculum for the core subjects of reading, writing, mathematics, science, history, and geography with the state model content standards adopted pursuant to section 22-7-406 section 22-7-1005 and the statewide assessments administered through the Colorado student assessment program pursuant to section 22-7-409 as provided in section 22-7-1006.3. The curriculum shall must include a range of course work from which an approved facility school may select courses that meet the needs of the students who are placed at the facility. SECTION 25. In Colorado Revised Statutes, 22-5-115, amend (4) as follows: 22-5-115. Financing boards of cooperative services. (4) For budget years commencing on or after July 1, 1996, any amount received by a board of cooperative services pursuant to this section shall must be used to fund professional educator development in standards-based education, pursuant to the plan adopted by each school district pursuant to section 22-7-407 (2) as implemented through part 10 of article 7 of this title, in each school district that is a member of such board and in any nonmember school district that chooses to participate in a professional educator development program with any board of cooperative services. SECTION 26. In Colorado Revised Statutes, 22-7-604.5, amend (1) introductory portion, (1) (a) (VI) (A), (1) (a) (VI) (C), and (3) (a) as follows: 22-7-604.5. Alternative education campuses - criteria - application - rule-making. (1) A public school may apply to the state board for designation as an alternative education campus. The state board shall adopt rules specifying the criteria and application process for a public school to be designated an alternative education campus. The rules shall must include but need not be limited to: (a) Criteria that a public school must meet to be designated an alternative education campus, including but not limited to the following: (VI) (A) Serving students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to section 22-7-409 section 22-7-1006.3; (C) Serving students who attend on a part-time basis and who come from other public schools where the part-time students are counted in the enrollment of the other public school; except that the results of the assessments administered pursuant to section 22-7-409 of section 22-7-1006.3 to all part-time students and high-risk students as defined in subsection (1.5) of this section shall must be used in determining the levels of attainment on the performance indicators for the public school for which the student is counted for enrollment purposes; (3) (a) Except as excluded pursuant to section 22-7-409 section 22-7-1006.3, the results of the assessments administered pursuant to section 22-7-409 section 22-7-1006.3 for all part-time students attending a school or a program that is designated an alternative education campus pursuant to this section shall must be included in determining the levels of attainment on the performance indicators achieved by the school to which the student is assigned for enrollment purposes. SECTION 27. In Colorado Revised Statutes, 22-7-802, amend (3); and repeal (1) as follows: 22-7-802. Definitions. As used in this part 8, unless the context otherwise requires: (1) "CSAP" means the Colorado student assessment program administered pursuant to section 22-7-409. (3) "Eligible student" means a student who will begin fifth, sixth, seventh, or eighth grade in the next academic year and who has received an unsatisfactory proficiency level score on the statewide reading, writing, or mathematics assessment administered through the CSAP pursuant to section 22-7-1006.3 for the preceding academic year. SECTION 28. In Colorado Revised Statutes, 22-11-103, amend (33) as follows: 22-11-103. Definitions. As used in this article, unless the context otherwise requires: (33) "Statewide assessments" means the assessments administered pursuant to the Colorado student assessment program created in section 22-7-409 or as part of the system of assessments adopted by the state board pursuant to section 22-7-1006 section 22-7-1006.3. SECTION 29. In Colorado Revised Statutes, 22-24-106, amend (1) (c) and (1) (h) as follows: 22-24-106. Department of education - powers - duties - state board of education - rules. (1) The department shall: (c) Establish, by guidelines, any accommodations that a local education provider must allow and the circumstances in which a local education provider must allow the accommodations for English language learners who are taking assessments pursuant to section 22-7-409 or 22-7-1006 section 22-7-1006.3; (h) Disaggregate the data received through the statewide assessment program pursuant to section 22-7-409 or 22-7-1006 section 22-7-1006.3 and report the English language proficiency and academic achievement of English language learners, while they are receiving services through the English language proficiency program and after they exit the English language proficiency program through high school graduation, as provided in part 5 of article 11 of this title; and SECTION 30. In Colorado Revised Statutes, 22-30.5-104, amend (6) (c) (II) as follows: 22-30.5-104. Charter school - requirements - authority. (6) (c) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to: (II) The assessments required to be administered pursuant to section 22-7-409 section 22-7-1006.3; SECTION 31. In Colorado Revised Statutes, 22-30.5-303, amend (2) (b) introductory portion, (2) (b) (III), and (2) (b) (IV) as follows: 22-30.5-303. Independent charter schools - request for proposals - response contents. (2) (b) The state board shall adopt rules specifying a schedule for receipt of the responses to the request for proposals pursuant to paragraph (a) of this subsection (2), the formation of a review committee and receipt of the recommendations of said committee pursuant to section 22-30.5-304, and the selection of an applicant and notification to the local board of education pursuant to section 22-30.5-305. Said schedule shall must ensure the completion of negotiations on the independent charter no later than May 30 of the year in which the independent charter school is to open. The rules shall must also specify the information that an independent charter proposal shall must include in order to be eligible for consideration. Such information shall must include, but need not be limited to, the following: (III) A description of the independent charter school's educational program, student performance standards, annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204, and curriculum, which shall must meet or exceed the state model content preschool through elementary and secondary education standards adopted pursuant to part 4 or part 10 of article 7 of this title and shall must be designed to enable each student to achieve such standards and targets; (IV) A description of the independent charter school's plan for evaluating student performance, the types of assessments that shall must be used to measure student progress toward achievement of the school's student performance standards and the targets for the measures used to determine the levels of attainment of the performance indicators, including but not limited to the statewide assessments administered under the Colorado student assessment program pursuant to section 22-7-409 pursuant to section 22-7-1006.3, the timeline for achievement of the school's student performance standards and the targets, and the procedures for taking corrective action in the event that student performance at the independent charter school fails to meet such standards and targets; SECTION 32. In Colorado Revised Statutes, 22-30.5-505, amend (8) as follows: 22-30.5-505. State charter school institute - institute board - appointment - powers and duties - rules. (8) The institute shall ensure that each institute charter school adopts content standards in a manner consistent with that required of school districts pursuant to section 22-7-407 as required in section 22-7-1013. SECTION 33. In Colorado Revised Statutes, 22-30.5-507, amend (7) (b) (II) as follows: 22-30.5-507. Institute charter school - requirements - authority - rules. (7) (b) An institute charter school may apply to the state board, through the institute, for a waiver of state statutes and state rules that are not automatic waivers. The state board may waive state statutory requirements or rules promulgated by the state board; except that the state board may not waive any statute or rule relating to: (II) The assessments required to be administered pursuant to section 22-7-409 section 22-7-1006.3; SECTION 34. In Colorado Revised Statutes, 22-30.7-105, amend (2) introductory portion and (2) (b) as follows: 22-30.7-105. Program criteria - guidelines - quality standards - records - rules. (2) The following guidelines apply to each on-line program or on-line school that is created or overseen pursuant to the provisions of this article: (b) Each student participating in an on-line program or on-line school shall be is subject to the statewide assessments administered pursuant to section 22-7-409 section 22-7-1006.3. SECTION 35. In Colorado Revised Statutes, 22-32-109, amend (1) (aa) as follows: 22-32-109. Board of education - specific duties. (1) In addition to any other duty required to be performed by law, each board of education shall have and perform the following specific duties: (aa) To adopt content standards and a plan for implementation of such content standards pursuant to the provisions of section 22-7-407 and implement preschool through elementary and secondary education standards as required in part 10 of article 7 of this title; SECTION 36. In Colorado Revised Statutes, 22-32-109.6, amend (2) (a) as follows: 22-32-109.6. Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions. (2) As used in this section, unless the context otherwise requires: (a) "Class" means a non-elective class in kindergarten or the first, second, or third grade or any combination of kindergarten or the first, second, or third grades in a public school, which class provides instruction in one or more of the first priority state model content standards areas of reading, writing, mathematics, science, history, or geography. as described in section 22-7-406 (1) (a). SECTION 37. In Colorado Revised Statutes, 22-32.5-108, amend (2) introductory portion and (2) (a) as follows: 22-32.5-108. District of innovation - waiver of statutory and regulatory requirements. (2) Each district of innovation shall continue continues to be subject to all statutes and rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of: (a) The Colorado student assessment program created in section 22-7-409 statewide assessment requirements specified in section 22-7-1006.3; SECTION 38. In Colorado Revised Statutes, 22-43.7-111, amend (1) (c) as follows: 22-43.7-111. Reporting requirements - auditing by state auditor. (1) No later than February 15, 2010, and no later than each February 15 thereafter, the board shall present a written report to the education and finance committees of the house of representatives and the senate and the capital development committee, or any successor committees, regarding the provision of financial assistance to applicants pursuant to this article. The report shall must include, at a minimum: (c) A summary of any differences between the common physical design elements and characteristics of the highest performing schools in the state and the lowest performing schools in the state as measured by academic productivity measures such as the Colorado student assessment program created in part 4 of article 7 of this title statewide assessments administered pursuant to section 22-7-1006.3 or Colorado ACT results; and SECTION 39. In Colorado Revised Statutes, 22-54-103, amend (1.5) (b) (IV) as follows: 22-54-103. Definitions. As used in this article, unless the context otherwise requires: (1.5) (b) For purposes of this subsection (1.5): (IV) "District pupils who are English language learners" means the number of pupils included in the district pupil enrollment for the preceding budget year who were not eligible for free lunch pursuant to the provisions of the federal "National School Lunch Act", 42 U.S.C. sec. 1751 et seq., and who are English language learners, as defined in section 22-24-103 (3), and: (A) Whose scores were not included in calculating school academic performance grades as provided in section 22-7-409 (1.2) (d) (I) (C) section 22-7-1006.3; or (B) Who took an assessment administered pursuant to section 22-7-409 section 22-7-1006.3 in a language other than English. SECTION 40. In Colorado Revised Statutes, 22-55-102, amend (1) (b), (2) (a) (II), and (3) introductory portion as follows: 22-55-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Accountability reporting" means any requirement established in law that mandates school districts to report or provide information relative to school improvement to the state board or the department, including, but not limited to: (b) Reporting requirements in connection with the administration and implementation of the Colorado student assessment program developed pursuant to part 4 of article 7 of this title statewide assessments pursuant to section 22-7-1006.3; or (2) (a) "Accountable education reform" means any program or plan for reforming preschool through twelfth-grade education in the state that complies with accountability standards imposed by law on school districts in the state, including, but not limited to, the requirements set forth in: (II) Part 4 of article 7 of this title relating to the Colorado student assessment program Part 10 of article 7 of this title. (3) "Accountable programs to meet state academic standards" include, but are not limited to, programs designed to assist students in demonstrating improved academic achievement on student statewide assessments administered under the Colorado student assessment program developed pursuant to part 4 of article 7 of this title pursuant to section 22-7-1006.3. "Accountable programs to meet state academic standards" include, but are not limited to, programs: SECTION 41. In Colorado Revised Statutes, 22-60.5-110, amend (3) (c) (I) as follows: 22-60.5-110. Renewal of licenses. (3) (c) In selecting professional development activities for the renewal of a professional license pursuant to this section, each licensee shall choose those activities that will aid the licensee in meeting the standards for a professional educator, including but not limited to the following goals: (I) Knowledge of subject matter content and learning, including knowledge and application of standards-based education pursuant to part 4 part 10 of article 7 of this title; SECTION 42. In Colorado Revised Statutes, 22-60.5-203, amend (2) as follows: 22-60.5-203. Assessment of professional competencies - rules. (2) The state board by rule shall identify the professional competencies required of the applicants described in subsection (3) of this section specifically in the context of the requirements of standards-based education pursuant to the requirements of part 4 part 10 of article 7 of this title. Such professional competencies shall apply to an applicant only within the scope of the subject matter to be taught by the applicant. SECTION 43. In Colorado Revised Statutes, 22-60.5-303, amend (2) (h) as follows: 22-60.5-303. Assessment of professional competencies. (2) The following list of areas of knowledge is a guideline to be used by the state board of education and shall not be construed as inclusive or prescriptive: (h) Knowledge and application of standards-based education pursuant to part 4 part 10 of article 7 of this title. SECTION 44. In Colorado Revised Statutes, 22-60.5-308, amend (2) (h) as follows: 22-60.5-308. Assessment of professional competencies. (2) The following list of areas of knowledge is a guideline to be used by the state board of education and shall not be construed as inclusive or prescriptive: (h) Knowledge and application of standards-based education pursuant to part 4 part 10 of article 7 of this title. SECTION 45. In Colorado Revised Statutes, 23-1-119.2, amend (1) (a) and (1) (b) introductory portion as follows: 23-1-119.2. Commission directive - notice of college preparatory courses for high school students. (1) The commission shall adopt a policy on or before October 1, 2005, to: (a) Obtain, on or before June 1 of each school year, from the appropriate test administrator for the standardized, curriculum-based, achievement, college entrance exam administered pursuant to section 22-7-409 (1.5) (a), C.R.S., and the precollegiate exam administrators the names and mailing addresses of all students enrolled in Colorado public schools who take either a standardized, curriculum-based, achievement college entrance exam or a precollegiate exam; (b) Beginning in the spring of 2006, send an annual notice concerning college preparatory courses to the parent or legal guardian of each student who takes the a standardized, curriculum-based, achievement, college entrance exam administered pursuant to section 22-7-409 (1.5) (a), C.R.S., or the or a precollegiate exam. The commission shall send the notice shall be sent to the parent or legal guardian prior to the start of a student's twelfth-grade year if the student took the standardized, curriculum-based, achievement, college entrance exam, or prior to the start of a student's eleventh-grade year if the student took the precollegiate exam. At a minimum, the notice shall must include: SECTION 46. In Colorado Revised Statutes, 23-1-121, amend (2) introductory portion and (2) (c) as follows: 23-1-121. Commission directive - approval of educator preparation programs - review. (2) The commission shall adopt policies establishing the requirements for educator preparation programs offered by institutions of higher education. The department shall work in cooperation with the state board of education in developing the requirements for educator preparation programs. At a minimum, the requirements shall must ensure that each educator preparation program complies with section 23-1-125, is designed on a performance-based model, and includes: (c) Course work and field-based training that integrates theory and practice and educates candidates in the methodologies, practices, and procedures of standards-based education, as described in parts 4 and part 10 of article 7 of title 22, C.R.S., and specifically in teaching to the state academic standards adopted pursuant to section 22-7-406, C.R.S., or, beginning December 15, 2012, teaching to the state preschool through elementary and secondary education standards adopted pursuant to section 22-7-1005, C.R.S.; SECTION 47. In Colorado Revised Statutes, 26-6.5-101.5, repeal (4) as follows: 26-6.5-101.5. Definitions. As used in this part 1, unless the context otherwise requires: (4) "CSAP" means the Colorado student assessment program implemented pursuant to section 22-7-409, C.R.S. SECTION 48. 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.