Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0715.01D JAP HOUSE BILL 97­1337

STATE OF COLORADO

BY REPRESENTATIVE Anderson;

also SENATOR B. Alexander.

EDUCATION

A BILL FOR AN ACT

CONCERNING IMPLEMENTATION OF THE STATEWIDE ASSESSMENT PROGRAM.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Repeals and reenacts the statewide educational assessment program, specifying dates by which the department of education must begin testing every public school student in specified grades in the areas of reading, writing, mathematics, and science. Directs the department to prepare an annual report of the statewide assessment results. Specifies that school districts need only assess students in subject areas that are not assessed by the state.

Authorizes the department of education, for the implementation of the act, to use moneys appropriated as part of its fiscal year 1996­97 budget that would otherwise revert to the state general fund after June 30, 1997. Specifies that no new appropriation of general fund moneys is necessary to implement the act.

Makes conforming amendments.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  22­53­409, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:

22­53­409.  Assessments. (1)  BEGINNING IN THE SPRING SEMESTER 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 22­53­406 IN THE FIRST PRIORITY AREAS OF READING, WRITING, MATHEMATICS, AND SCIENCE, ACCORDING TO THE FOLLOWING IMPLEMENTATION SCHEDULE:

(a)  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;

(b)  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;

(c)  BEGINNING IN THE SPRING SEMESTER 1999, 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;

(d)  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 SIXTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE;

(e)  BEGINNING IN THE SPRING SEMESTER 2001, AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER A STATEWIDE ASSESSMENT IN SCIENCE TO ALL STUDENTS ENROLLED IN THE EIGHTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.

(2)  THE DEPARTMENT SHALL PREPARE AN ANNUAL REPORT OF THE RESULTS OF THE STATEWIDE ASSESSMENTS WHICH SHALL BE SUBMITTED NO LATER THAN JANUARY 1, 1998, AND NO LATER THAN EACH JANUARY 1 THEREAFTER, TO THE EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE GOVERNOR AND WHICH SHALL BE MADE AVAILABLE UPON REQUEST TO MEMBERS OF THE PUBLIC. IN THE REPORT, THE DEPARTMENT SHALL PRESENT THE PERCENTAGE OF STUDENTS ACHIEVING EACH OF THE PERFORMANCE LEVELS SPECIFIED BY THE BOARD, CALCULATED FOR THE STATE AS A WHOLE, FOR EACH DISTRICT, AND BY DISTRICT SIZE. THE DEPARTMENT SHALL ALSO REPORT THE PERCENTAGE OF STUDENTS IN THE STATE ACHIEVING EACH OF THE PERFORMANCE LEVELS BY GENDER, RACE, SEPARATE DISABLING CONDITION, AND ETHNICITY. THE DEPARTMENT SHALL ALSO REPORT SAID PERCENTAGES BY SCHOOL, CATEGORIZING THE SCHOOLS BY SOCIOECONOMIC STATUS DETERMINED BY THE NUMBER OF STUDENTS ELIGIBLE FOR FREE OR REDUCED­COST LUNCH.

SECTION 2.  22­53­405 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­53­405.  Powers and duties of the state standards and assessments development and implementation council. (2)  Following adoption of the state model content standards by the board pursuant to section 22­53­406 (1), the council shall develop and recommend to the board state assessments IN THE AREAS OF READING, WRITING, MATHEMATICS, AND SCIENCE that are aligned with the state model content standards and that, following adoption by the board, shall be administered statewide by the department at the fourth grade, eighth grade, and eleventh grade levels pursuant to the provisions of section 22­53­409. The council shall also recommend an acceptable performance level on each such state assessment. Such performance level shall be continuously reexamined.

SECTION 3.  22­53­406 (2) (b) and (3), Colorado Revised Statutes, 1995 Repl. Vol., as amended, are amended to read:

22­53­406.  Adoption of state model content standards, state assessments, and timelines ­ resource bank. (2)  On or before September 15, 1995, the board, after careful consideration of the recommendations of the council and in consultation with the commission and the joint budget committee, shall adopt timelines:

(b)  Specifying the time by which districts shall begin to assess students IN THE SUBJECT AREAS THAT ARE NOT TESTED BY THE STATE PURSUANT TO SECTION 22­53­409. The timeline shall require student assessments to be administered as follows: In the first year, assessments shall be administered to students in the fourth grade level; in the second year, assessments shall be administered to students in the fourth and eighth grade levels; in the third year and in each year thereafter, assessments shall be administered to students in the fourth, eighth, and eleventh grade levels.

(3)  On or before June 1, 1996, the board, after careful consideration of the recommendations of the council, shall adopt state assessments IN THE AREAS OF READING, WRITING, MATHEMATICS, AND SCIENCE which are aligned with the state model content standards and shall specify an acceptable performance level on each such state assessment. Such performance level shall be continuously reexamined. In addition, the board may, at its discretion, adopt additional performance levels.

SECTION 4.  22­53­407 (2) (b) and (2) (c), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­53­407.  Adoption of content standards by districts. (2)  Following adoption of content standards pursuant to this section, the district shall develop a plan for:

(b)  Developing assessments which THAT will adequately measure each student's progress toward and achievement of the adopted content standards FOR THE SUBJECT AREAS THAT ARE NOT TESTED BY THE STATE PURSUANT TO SECTION 22­53­409, including specification of an acceptable performance level. Such performance level shall be continuously reexamined.

(c)  Administering assessments developed pursuant to paragraph (b) of this subsection (2) to students; at the fourth, eighth, and eleventh grade levels and, at the district's discretion, at other grade levels;

SECTION 5.  Transfer of funds. The department of education, for the implementation of this act, may use those moneys appropriated to it in House Bill 96­1366 for the 1996­97 fiscal year that would otherwise revert to the state general fund or be transferred to the schools of choice fund and the Colorado comprehensive health education fund pursuant to section 22­54­114 (3), Colorado Revised Statutes, at the conclusion of the 1996­97 fiscal year; except that the amount of such moneys used for the implementation of this act shall not exceed one million eight hundred thousand dollars ($1,800,000). The department of education may transfer said moneys between funds to the extent necessary for the implementation of this act.

SECTION 6.  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.