First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0584.01 Julie Pelegrin x2700 HOUSE BILL 15-1123 HOUSE SPONSORSHIP Tate, SENATE SPONSORSHIP (None), House Committees Senate Committees Education A BILL FOR AN ACT Concerning allowing a local education governing board flexibility in administering state-required measures of student performance in the public schools operated by the governing board. 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.) Under existing law, each school district and each charter school is required to administer statewide assessments in English language arts, mathematics, and science in accordance with a schedule that exceeds the amount of statewide testing that the federal law requires. Each school district and each charter high school is also required to administer a college entrance exam (ACT) to students in eleventh grade. The bill allows the governing board of a school district, a board of cooperative services that operates a public school, or a charter school (governing board) to adopt a resolution to administer the statewide assessments in English language arts, mathematics, and science only to the extent required by federal law (resolution). A governing board that adopts the resolution is also not required to administer the ACT to students in eleventh grade. A governing board may adopt a resolution stating its intent to measure literacy skills of children in kindergarten and first and second grades in a manner other than administering the state literacy test and to address a student's significant reading deficiencies in a manner other than creating a READ plan as described in the statute. A governing board may adopt a resolution stating its intent to measure school readiness in a manner other than administering the state school readiness assessment. A governing board that adopts any of the resolutions authorized in the bill must provide copies of the resolutions to the department of education (department) and the state board of education (state board). The department and the state board must adjust the Colorado growth model and the measures for the accreditation performance indicators as necessary to accommodate the testing schedule that a governing board implements if it adopts the resolution and the manner in which a governing board measures literacy in kindergarten and first and second grades if it adopts a resolution. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-7-409, add (1.6) as follows: 22-7-409. Assessments. (1.6) (a) Notwithstanding any provision of this section to the contrary, a school district board of education, a board of cooperative services that operates a public school, or the governing board of a district charter school or an institute charter school, referred to in this subsection (1.6) as a "governing body", may adopt a resolution stating its intention to administer statewide tests only to the extent required by the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq., in the public schools that the governing body operates. A governing body that adopts a resolution described in this subsection (1.6) shall submit a copy of the resolution to the department and the board. (b) A governing body that adopts a resolution described in this subsection (1.6) must ensure that the statewide assessments are administered in the public schools operated by the governing body in accordance with the following minimum requirements: (I) The statewide assessment in English language arts shall be administered annually in each of grades three through eight and in one of grades ten through twelve, as selected by the governing body; (II) The statewide assessment in mathematics shall be administered annually in each of grades three through eight and in one of grades ten through twelve, as selected by the governing body; and (III) The statewide assessment in science shall be administered annually in one of grades three through five, one of grades six through nine, and one of grades ten through twelve, as selected by the governing body. (c) A governing body that adopts a resolution described in this subsection (1.6) is not required to administer the standardized, curriculum-based, achievement, college entrance examination described in subsection (1.5) of this section. (d) The department and the board shall adjust the Colorado growth model created pursuant to section 22-11-202 and the measures for the accreditation performance indicators described in section 22-11-204 as necessary to take into account the minimum statewide assessment schedule that a governing body that adopts a resolution pursuant to this subsection (1.6) implements. SECTION 2. In Colorado Revised Statutes, 22-7-1208, add (5) as follows: 22-7-1208. Local education providers - procedures. (5) (a) Notwithstanding any provision of this part 12 to the contrary, the governing body of a local education provider may adopt a resolution stating its intention to determine the reading competency of each student in kindergarten and first and second grades in a manner other than that described in section 22-7-1205 and to address any identified significant reading deficiencies in a manner other than preparing a READ plan as described in this part 12. The governing body that adopts a resolution must ensure that the public schools that the governing body operates identify the students enrolled in kindergarten and first and second grades who have significant reading deficiencies and address students' significant reading deficiencies in a manner that is designed to ensure that students attain reading competency no later than third grade. A governing body that adopts a resolution shall submit a copy of the resolution to the department and the state board. (b) The department and the state board shall adjust the Colorado growth model created pursuant to section 22-11-202 and the measures for the accreditation performance indicators described in section 22-11-204 as necessary to take into account the methods for determining reading competency implemented by the public schools that are operated by a governing body that adopts a resolution pursuant to this subsection (5). SECTION 3. In Colorado Revised Statutes, 22-7-1014, add (2) (c) as follows: 22-7-1014. Preschool individualized readiness plans - school readiness - assessments. (2) (c) Notwithstanding any provision of this part 10 to the contrary, the governing body of a local education provider may adopt a resolution stating its intention to measure each student's progress toward demonstrating school readiness in a manner other than administering the school readiness assessment. The governing body that adopts a resolution must ensure that the public schools that the governing body operates implement methods to measure each student's progress toward demonstrating school readiness. A governing body that adopts a resolution shall submit a copy of the resolution to the department and the state board. 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.