First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0231.01 Julie Pelegrin x2700 HOUSE BILL 15-1208 HOUSE SPONSORSHIP Klingenschmitt, Brown, Buck, Everett, Humphrey, Joshi, Navarro, Nordberg, Ransom, Van Winkle SENATE SPONSORSHIP (None), Lambert, Lundberg House Committees Senate Committees Education A BILL FOR AN ACT Concerning revising accountability measures in public schools to increase autonomy over standards and assessments within the public education system in Colorado. 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, the state board of education (state board) adopts academic standards in several subject areas and adopts statewide assessments that are aligned with the standards in certain subject areas. Each school district, charter school, and board of cooperative services that operates a school (local education provider) must also adopt academic standards that meet or exceed the state standards and must administer the statewide assessments that the state board adopts. The bill repeals the existing academic standards for English language arts and mathematics and requires the state board to adopt new academic standards in these subjects. After adopting the academic standards, the state board must prepare a report that compares the new standards with the previous standards for these subjects and identifies the differences between the old and new standards and submit the report to the general assembly. The state board must ensure that all of the academic standards it adopts are sufficiently general that they do not require a local education provider to adopt specific curricula, textbooks, or other educational materials in order to meet the standards. The bill requires the state board to adopt state assessments for English language arts and mathematics that are aligned with the new academic standards for these subjects. Until the new state assessments are adopted, the department of education (department) will administer state assessments that are aligned with the standards adopted in 2009 for these subjects. The bill instructs the state board to adopt requirements and criteria for including an assessment submitted by a local education provider in the state system of assessments. The department will review each submitted assessment to ensure that it meets the requirements and that data from the assessment can be used to measure academic performance statewide. If the department finds that the assessment meets the requirements and the data will be useable, the state board must include the assessment in the state assessment system, and a local education provider may administer the assessment in lieu of a state assessment. The state board and the department must amend the state plan as necessary to allow the use of assessments submitted by local education providers in the state assessment system. Under the bill, the state board and the department may not enter into any type of agreement or contract with a federal agency or private entity that in any way cedes or limits state or local discretion or control over academic standards and assessments. The bill repeals the requirement that the state board participate in one of the consortia of states that develops assessments for the standards adopted in English language arts and mathematics and states that the state is not a member of a consortium as of the effective date of the bill. The bill requires the state board to adopt state assessments, perform a fiscal analysis on any proposed or adopted assessments, and submit the analysis to the general assembly. The bill allows a parent to excuse his or her child from participating in a state assessment, without incurring consequences for the child, a teacher, an administrator, or the local education provider. The bill requires each local education provider to adopt a school readiness description and school readiness assessments and a description of postsecondary and workforce readiness. A local education provider may choose to adopt the state school readiness description and school readiness assessments, and the state description of postsecondary and workforce readiness. The bill specifies the general assembly's intent that preparing for and completing the state and local assessments, combined, should not take more than 10% of the instruction time in a school year. The bill requires each local education provider to adopt and implement a written policy and procedures to allow parents and legal guardians to excuse students from participating in the state and local assessments, without incurring negative consequences. The local education provider must make copies of the policy and procedures available to students and their parents or legal guardians before classes commence each school year. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds that: (a) The Colorado constitution divides the responsibility and authority for public education within the state among three entities: (I) Section 2 of article IX of the state constitution requires the state to establish and maintain a "thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously"; (II) Section 1 of article IX of the state constitution creates the state board of education and vests within it the "general supervision of the public schools"; and (III) Section 15 of article IX of the state constitution requires the creation of school districts, each of which must have an elected board of education that has "control of instruction in the public schools" of the school district; (b) Further, section 16 of article IX of the state constitution prohibits the general assembly and the state board of education from prescribing textbooks, leaving this power in the hands of school district boards of education; (c) School children in Colorado deserve an excellent education, which includes curricula and assessments that are aligned to exemplary standards, to ensure that, when they graduate from high school, the children in this state are adequately prepared to compete with the citizens of other states and other countries as they continue into higher education and the workforce; (d) Education standards establish what a student should know and be able to do at various junctures in the student's education. Whether a student meets a standard is often determined by the student's ability to successfully complete an assessment that measures the student's knowledge and abilities concerning the standard; the student's ability to successfully complete the assessment is directly related to the curriculum that a teacher uses to convey the information related to the standard. Thus, curricula, assessments, and standards must be aligned for students to be able to meet educational standards. (e) Due to the necessary alignment of curricula and assessments with standards, the entity that sets education standards has significant control over both assessments and curricula; and (f) As quoted in this subsection (1), the state constitution empowers school district boards of education to select the curricula to be used in the public schools of their respective districts. It follows, therefore, that to fully exercise their authority to select curricula, school district boards of education must also have power to adopt academic standards and to design and administer the assessments that measure students' achievement of those standards. (2) The general assembly finds, therefore, that it is necessary to amend the "Preschool to Postsecondary Education Alignment Act", part 10 of article 7 of title 22, Colorado Revised Statutes, and other statutes as may be necessary, to protect the constitutional authority of school districts to select curricula by empowering local education providers to adopt standards and assessments. SECTION 2. In Colorado Revised Statutes, 22-7-1003, amend (15) and (21) as follows: 22-7-1003. Definitions. As used in this part 10, unless the context otherwise requires: (15) "Postsecondary and workforce readiness" means the knowledge and skills that a student should have attained prior to or upon attaining a high school diploma, as adopted by the state board and the commission pursuant to section 22-7-1008 or as adopted by a local education provider. (21) "School readiness" means the level of development that indicates a child is able to engage in and benefit from elementary school classroom environments, as adopted by the state board pursuant to section 22-7-1004 or as adopted by a local education provider. SECTION 3. In Colorado Revised Statutes, 22-7-1004, amend (2) (b) as follows: 22-7-1004. School readiness description - school readiness assessment - adoption - revisions. (2) (b) School readiness assessment results shall not be publicly reported for individual students. Following adoption of the school readiness assessment, the state board shall adopt a system for reporting population-level results obtained in administering the state school readiness assessment or other school readiness assessments administered by local education providers that provide baseline data for measuring overall change and improvement in students' skills and knowledge over time. SECTION 4. In Colorado Revised Statutes, 22-7-1005, amend (3) (e) and (3) (f); and add (1.5), (3) (g), and (7) as follows: 22-7-1005. Preschool through elementary and secondary education - aligned standards - adoption - revisions - repeal. (1.5) (a) The academic standards that the state board adopted for English language arts and mathematics in August 2010 are repealed, effective August 5, 2015. As soon as possible after the effective date of this subsection (1.5), the state board shall begin the process of adopting new academic standards in English language arts and mathematics. The process for adopting the new academic standards must, at a minimum, include reasonable opportunity, consistent with best practices, for public comment on the revision of the academic standards, including but not limited to comments from students, parents, educators, organizations that represent students with disabilities and English language learners, higher-education representatives, subject-matter experts, community-based organizations, Native American tribal representatives, and representatives from the business communities within the state. (b) Until the state board has adopted new academic standards for English language arts and mathematics, the state board shall implement the academic standards for reading, writing, and mathematics that it adopted in December 2009. (c) Upon adopting the academic standards for English language arts and mathematics as required in this subsection (1.5), the state board shall prepare a report that compares the academic standards for English language arts and mathematics with the academic standards in these areas that the state board adopted in August 2010 and identifies specific differences between the new sets of standards and those adopted in August 2010. The state board shall consider public comments, the use of best practices, evidence, and research in evaluating both sets of standards. Upon completing the report, the state board shall submit the report to the education committees of the house of representatives and the senate, or any successor committees. (3) The state board in adopting the preschool through elementary and secondary education standards shall: (e) Ensure that, in addition to measuring a student's subject matter knowledge, the standards, to the extent practicable and at age-appropriate levels, will require a student to develop and demonstrate creativity and innovation skills; critical-thinking and problem-solving skills; communication and collaboration skills; social and cultural awareness; civic engagement; initiative and self-direction; flexibility; productivity and accountability; character and leadership; information technology application skills; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship; and (f) Ensure that the standards are comparable in scope, relevance, and rigor academic content knowledge to the highest national and international standards that have been implemented successfully and are consistent with and relevant to achievement of the goals specified in section 22-7-1002; and (g) Ensure that the standards are sufficiently general that they do not require a local education provider to adopt specific curricula, textbooks, or other educational materials in order to meet the standards. The state board shall not adopt, and shall repeal if necessary, a standard that is not sufficiently broad to allow a local education provider to teach the standard using textbooks or other educational materials from a number of diverse, competing sources. (7) The state board and the department of education shall not enter into an agreement, memorandum of understanding, or contract with a federal agency or private entity that in any way cedes or limits state or local discretion or control over developing, adopting, or revising state or local standards and the corresponding statewide or local assessments in the public school system, including but not limited to agreements, memoranda of understanding, and contracts in exchange for funding for public schools and programs. If the state board or the department is a party, as of the effective date of this subsection (7), to an agreement, memorandum of understanding, or contract described in this subsection (7), the state board or the department shall attempt to terminate or renegotiate the agreement, memorandum of understanding, or contract to restore state and local control of academic standards and assessments and local control of curricula. SECTION 5. In Colorado Revised Statutes, 22-7-1006, amend (1) and (1.5); and add (1.3) and (6) as follows: 22-7-1006. Preschool through elementary and secondary education - aligned assessments - adoption - revisions. (1) (a) (I) On or before December 15, 2010, or as soon thereafter as fiscally practicable, the state board shall adopt a system of assessments that are aligned with the preschool through elementary and secondary education standards 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. (II) Beginning in the 2015-16 school year and in each school year thereafter until the state board adopts assessments for English language arts and mathematics as required in subparagraph (III) of this paragraph (a), the state board shall ensure that the department of education, pursuant to section 22-7-409, administers state assessments in English language arts and mathematics that are aligned with the content standards that the state board adopted in 2009 for these instructional areas. (III) As soon as possible after the state board adopts standards for English language arts and mathematics as required in section 22-7-1005 (1.5), the state board shall adopt state assessments in English language arts and mathematics that are aligned with the newly adopted standards. (b) In adopting the system of assessments, the state board shall ensure, at a minimum, that the system is 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; (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) (c) In adopting a system of 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) (d) In adopting a system of 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) (e) In adopting a system of 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) (f) In adopting a system of 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. (g) It is the intent of the general assembly that preparing for and completing the assessments included in the state system pursuant to this section, combined with the assessments administered by each local education provider pursuant to section 22-7-1013, shall not require more than approximately ten percent of the classroom instructional time in a school year. (1.3) (a) In adopting the system of assessments, the state board shall include assessments that are submitted by local education providers that meet the requirements established by the state board. At a minimum, the requirements must ensure that each assessment: (I) Addresses the depth and breadth of the state academic standards for the applicable instructional area; (II) Is valid, reliable, and of high technical quality; (III) Expresses results in terms of the state academic standards; (IV) Is designed to provide a coherent system of assessment across grades and instructional areas; (V) Is equivalent in content coverage, difficulty, and quality to the state assessments and any other local assessments that are included in the system of assessments in the applicable instructional area; (VI) Has comparable validity and reliability with respect to the student groups, as defined in section 22-11-103; and (VII) Provides unbiased, rational, and consistent determinations of the annual performance of public schools, school districts, the state charter school institute, and the state as a whole. (b) No later than July 1, 2016, the state board shall establish the requirements specified in paragraph (a) of this subsection (1.3) and technical criteria to determine whether an assessment that a local education provider submits meets the requirements. (c) The department of education shall review each assessment that a local education provider submits for inclusion in the system of assessments. The department shall apply the technical criteria to determine whether the assessment meets the requirements specified in paragraph (a) of this subsection (1.3), and the department shall ensure that the department can aggregate the data from the assessment to measure the academic performance of the public schools, school districts, the state charter school institute, and the state as a whole as provided in article 11 of this title. If the department finds that an assessment meets the requirements and that the department can aggregate the data from the assessment, the state board shall include the assessment in the system of assessments. (d) The state board and the department of education shall amend the state plan, as necessary, to demonstrate that the local assessments that the state board includes in the system of assessments meet the requirements specified in subparagraphs (V) to (VII) of paragraph (a) of this subsection (1.3). (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, As of the effective date of this subsection (1.5), as amended, the state is no longer a governing member or a participating member of the consortium of states known as the partnership for assessment of readiness for college and careers. Before adopting state assessments as required in this section and in order to assure fiscal transparency at the state level, the state board is strongly encouraged to shall 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 the assessments that are proposed and finally adopted. The state board shall submit a copy of the completed analysis to the education committees of the house of representatives and the senate, or any successor committees. (6) Notwithstanding any provision of this section or section 22-7-409 to the contrary, the parent of a student may choose to excuse his or her child from taking a state assessment administered pursuant to section 22-7-409. A student, a teacher, an administrator, a public school, a school district, or the state charter school institute shall not be penalized if a parent excuses his or her child from participating in a state assessment. SECTION 6. In Colorado Revised Statutes, 22-7-1008, amend (2) (a) as follows: 22-7-1008. Postsecondary and workforce readiness description - postsecondary and workforce planning, preparation, and readiness assessments - adoption - revision. (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 may 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 that the selected assessments are aligned with the standards for grades nine through twelve and with the description of postsecondary and workforce readiness. SECTION 7. In Colorado Revised Statutes, 22-7-1012, add (2.5) as follows: 22-7-1012. State plan - amendments - peer review - final adoption. (2.5) As soon as practicable, the department of education shall submit to the federal department of education amendments to the state plan for peer review and approval to incorporate the requirements and procedures to include the assessments submitted by local education providers pursuant to section 22-7-1006 (1.3) in the state system of assessments. SECTION 8. In Colorado Revised Statutes, 22-7-1013, amend (1), (3), and (5); and add (1.5), (3.5), and (3.7) as follows: 22-7-1013. Local education provider - preschool through elementary and secondary education standards - adoption - academic acceleration - parental opt-out. (1) (a) On or before December 15, 2011, Each local education provider shall review its preschool through elementary and secondary education standards. in comparison with the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005. Following review, each local education provider shall revise its standards, as necessary, to ensure that: (I) The standards If the local education provider chooses to adopt preschool through elementary and secondary education standards that are different from those adopted by the state board pursuant to section 22-7-1005, the local education provider's standards meet or exceed the academic content knowledge of the state preschool through elementary and secondary education standards; and (II) The standards are aligned to ensure that a student who demonstrates attainment of the standards while advancing through preschool and elementary and secondary education will be able to demonstrate postsecondary and workforce readiness prior to before or upon attaining a high school diploma. (b) In revising its preschool through elementary and secondary education standards, each local education provider shall ensure that it adopts standards, at a minimum, in those subject matter areas that are included in the state preschool through elementary and secondary education standards, including but not limited to English language competency and visual arts and performing arts education. (c) In revising its preschool through elementary and secondary education standards, a local education provider may choose to adopt the state preschool through elementary and secondary education standards. (1.5) On or before July 1, 2016, each local education provider shall adopt a local description of postsecondary and workforce readiness that applies to students enrolled in the schools of the local education provider and that meets the minimum requirements specified in section 22-7-1008 (1). A local education provider may choose to adopt the description of postsecondary and workforce readiness adopted by the state board and the commission pursuant to section 22-7-1008. (3) Each local education provider shall adopt 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 and the local education provider's description of postsecondary and workforce readiness. For the subject areas that are included in the state system of assessments, a local education provider may submit an assessment for review and inclusion in the state system as provided in section 22-7-1006 (1.3). If the state board includes in the state system of assessments an assessment that a local education provider submits, a local education provider may administer the submitted assessment in lieu of the state assessment for the applicable instructional area. (3.5) It is the intent of the general assembly that preparing for and completing the assessments included in the state system pursuant to section 22-7-1006, combined with the assessments administered by each local education provider pursuant to this section, shall not require more than approximately ten percent of the classroom instructional time in a school year. (3.7) (a) Each local education provider shall adopt and implement a written policy and procedure by which a student's parent or legal guardian may excuse the student from participating in one or more of: (I) The assessments that the department of education administers as part of the state system of assessments adopted pursuant to section 22-7-1006 and administered pursuant to section 22-7-409; and (II) The assessments the local education provider administers pursuant to this section. (b) The policy that the local education provider adopts must ensure that the student, a teacher, an administrator, or a public school is not penalized if a parent excuses his or her child from participating in a statewide assessment or in an assessment that a local education provider administers pursuant to this section. (c) Each local education provider shall annually before classes commence in the fall semester make available paper and electronic copies of the policy and procedure for excusing students from taking assessments to the parents or legal guardians of the students enrolled in each school operated by the local education provider. The local education provider shall post a copy of the policy and procedure on its web site. (5) On or before July 1, 2017, and on or before July 1 every six years thereafter, each local education provider shall review its preschool through elementary and secondary education standards and taking into account any revisions to the state preschool through elementary and secondary education standards, shall revise and readopt its standards if necessary to ensure that they continue to meet or exceed the state preschool through elementary and secondary education standards maintain the relevance and academic content knowledge of the standards. The local education provider shall revise its curricula and assessments accordingly to ensure that the curricula and assessments continue to align with the local education provider's preschool through elementary and secondary education standards. SECTION 9. In Colorado Revised Statutes, 22-7-1014, add (1.5) as follows: 22-7-1014. Preschool individualized readiness plans - school readiness - assessments. (1.5) (a) Each local education provider shall adopt a local description of school readiness that meets the minimum requirements specified in section 22-7-1004 (1). A local education provider may choose to adopt the description of school readiness adopted by the state board pursuant to section 22-7-1004. (b) Each local education provider shall adopt one or more assessments that are aligned with the local education provider's description of school readiness and are suitable for measuring students' levels of school readiness. In adopting assessments of students' school readiness, the local education provider shall consider assessments that are research-based, recognized nationwide as reliable instruments for measuring school readiness, and suitable for determining the instruction and interventions students need to improve their readiness to succeed in school. A local education provider may choose to adopt the school readiness assessments adopted by the state board pursuant to section 22-7-1004 (2). The local education provider shall not use school readiness assessments to deny a student admission or progression to kindergarten or first grade. SECTION 10. In Colorado Revised Statutes, 22-7-1016, amend (1) as follows: 22-7-1016. Postsecondary and workforce planning, preparation, and readiness assessments - transcripts. (1) (a) Within two years after the state board and the commission adopt postsecondary and workforce planning, preparation, and readiness assessments pursuant to section 22-7-1008, 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 or any other postsecondary and workforce planning, preparation, and readiness assessments that the state board includes in the state system of assessments pursuant to section 22-7-1006 (1.3). (b) 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. SECTION 11. In Colorado Revised Statutes, 22-7-409, amend (1) introductory portion, (1) (h), (1) (i), and (1) (j) as follows: 22-7-409. Assessments. (1) Beginning in the spring semester of 1997, The department shall implement the Colorado student assessment program state system of assessments under which the department shall administer statewide state assessments adopted by the board, and any assessments submitted by a school district or charter school and approved by the board, pursuant to section 22-7-406 section 22-7-1006 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 English language learners; 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: (h) Beginning in the 2014-2015 school year, and each school year thereafter, the department shall administer a statewide an 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 school year, and each school year thereafter, the department shall administer a statewide an assessment in mathematics to all students enrolled in grades three through eight in public schools throughout the state. Beginning in the 2014-2015 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 school year, and each school year thereafter, the department shall administer a statewide an 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. SECTION 12. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.