First Regular Session
Sixty-second General Assembly
LLS NO. 99-0930.01 Beth Braby HOUSE BILL 99-1378
STATE OF COLORADO
BY REPRESENTATIVES Vigil, Bacon, Chavez, Clarke, Coleman, Gagliardi, Gordon,
Grossman, Hagedorn, Kaufman, Leyba, Mace, Miller, Plant, Ragsdale, Tapia, Tate,
Tochtrop, Tupa, Veiga, Williams S., Windels, Zimmerman;
also SENATORS Hernandez,Feeley EDUCATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING STATEWIDE ASSESSMENTS OF STUDENTS WITH LIMITED
102 ENGLISH PROFICIENCY.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Clarifies that state assessments recommended by the state
standards and assessments development and implementation council and
adopted by the state board of education may include assessments written
in a language other than English for administration to students whose
dominant language is not English.
Requires the department of education to administer statewide
assessments adopted by the state board of education in English and in
languages other than English, if adopted by the state board of education
for the purpose of assessing students whose dominant language is not
English.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. (1) The general assembly
3 hereby finds, determines, and declares that:
4 (a) The state of Colorado is committed to the ideal that all
5 students can learn and achieve high standards and that in order to
6 demonstrate their knowledge, skills, and abilities, all students need to be
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 provided the opportunity to be assessed.
2 (b) The utilization of information gathered from statewide
3 assessment of students is essential to improve student instruction.
4 (c) Prior to implementation of the Colorado statewide assessment
5 program, limited English proficient (LEP) students have been excluded
6 from statewide assessment. Therefore, these LEP students have not been
7 afforded an opportunity to demonstrate their knowledge and capabilities
8 and their testing information has not been available to instructors to use
9 in improving instruction and meeting the needs of LEP students.
10 (d) The department of education has developed guidelines to
11 assist school districts in determining whether an LEP student should take
12 the statewide assessment in a language other than English.
13 (e) Assessments in a language other than English currently exist
14 and have been administered at the third and fourth grade levels.
15 (2) The general assembly therefore finds, determines, and declares
16 that in order to maintain the integrity of the Colorado statewide
17 assessment program (CSAP), it is necessary to continue the established
18 practice of providing assessments in a language other than English as
19 appropriate for LEP students.
20 SECTION 2. 22-7-402, Colorado Revised Statutes, is amended
21 BY THE ADDITION OF A NEW SUBSECTION to read:
22 22-7-402. Definitions. As used in this part 4, unless the context
23 otherwise requires:
24 (12) "STUDENT WHOSE DOMINANT LANGUAGE IS NOT ENGLISH"
25 SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 22-24-103 (4).
26 SECTION 3. 22-7-405 (2), Colorado Revised Statutes, is
Page 3
1 amended to read:
2 22-7-405. Powers and duties of the state standards and
3 assessments development and implementation council. (2) Following
4 adoption of the state model content standards by the board pursuant to
5 section 22-7-406 (1), the council shall develop and recommend to the
6 board state assessments in the areas of reading, writing, mathematics, and
7 science that are aligned with the state model content standards and that,
8 following adoption by the board, shall be administered statewide by the
9 department pursuant to the provisions of section 22-7-409. IN
10 RECOMMENDING THE STATE ASSESSMENTS, THE COUNCIL, IN ADDITION TO
11 THE ENGLISH VERSIONS OF THE STATE ASSESSMENTS, MAY RECOMMEND
12 ASSESSMENTS DEVELOPED AND WRITTEN IN A LANGUAGE OTHER THAN
13 ENGLISH FOR STUDENTS WHOSE DOMINANT LANGUAGE IS NOT ENGLISH.
14 The council shall also recommend an acceptable performance level on
15 each such state assessment. Such performance level shall be continuously
16 reexamined.
17 SECTION 4. 22-7-406 (3), Colorado Revised Statutes, is
18 amended to read:
19 22-7-406. Adoption of state model content standards, state
20 assessments, and timelines - resource bank. (3) On or before June 1,
21 1996, the board, after careful consideration of the recommendations of
22 the council, shall adopt state assessments in the areas of reading, writing,
23 mathematics, and science which THAT are aligned with the state model
24 content standards and shall specify an acceptable performance level on
25 each such state assessment. IN ADOPTING THE STATE ASSESSMENTS, THE
26 BOARD, IN ADDITION TO THE ENGLISH VERSIONS OF THE STATE
Page 4
1 ASSESSMENTS, MAY ADOPT ASSESSMENTS DEVELOPED AND WRITTEN IN A
2 LANGUAGE OTHER THAN ENGLISH FOR THE PURPOSE OF ASSESSING
3 STUDENTS WHOSE DOMINANT LANGUAGE IS NOT ENGLISH. Such THE
4 performance level SPECIFIED BY THE BOARD shall be continuously
5 reexamined. In addition, the board may, at its discretion, adopt additional
6 performance levels.
7 SECTION 5. The introductory portion to 22-7-409 (1), Colorado
8 Revised Statutes, is amended to read:
9 22-7-409. Assessments. (1) Beginning in the spring semester
10 1997, the department shall implement the Colorado student assessment
11 program under which the department shall administer statewide
12 assessments adopted by the board pursuant to section 22-7-406 in the first
13 priority areas of reading, writing, mathematics, and science. THE
14 DEPARTMENT SHALL ADMINISTER THE ENGLISH VERSIONS OF THE STATE
15 ASSESSMENTS AND ANY ASSESSMENTS ADOPTED BY THE BOARD IN A
16 LANGUAGE OTHER THAN ENGLISH, AS MAY BE APPROPRIATE FOR STUDENTS
17 WHOSE DOMINANT LANGUAGE IS NOT ENGLISH. THE STATEWIDE
18 ASSESSMENTS SHALL BE ADMINISTERED according to the following
19 implementation schedule:
20 SECTION 6. Safety clause. The general assembly hereby finds,
21 determines, and declares that this act is necessary for the immediate
22 preservation of the public peace, health, and safety.