First Regular Session Seventieth General Assembly STATE OF COLORADO - BILLPAPER LLS NO. 15-07890] Julie Pelegrin x2700 SENATE BILL SENATE SPONSORSHIP Holbert and Todd, Carroll, Merri?eld HOUSE SPONSORSHIP Lebsock and Ransom, Primavera, Danielson, Winter, Salazar, Esgar, Saine, Brown, Buck, Conti, Everett, Navarro, Roupe, Sias, Thurlow, Van Winkle, Windholz Senate Committees I House Committees A BILL FOR AN ACT 101 CONCERNING ENSURING THAT THE EXERCISE OF A RIGHT TO 102 REFUSE TO HAVE HIS OR HER CHILD TAKE STANDARDIZED TESTS 103 DOES NOT RESULT IN NEGATIVE CONSEQUENCES DUE TO A 104 REDUCED STUDENT PARTICIPATION RATE. Bill Summary Wote: This summary applies to this bill as introduced and does not re?ect 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 leg. state. co. us/billsummaries.) The bill requires a school district, a board of 000perative services that operates a school, or a charter school (local education provider) to. allow a parent to excuse his or her child from participating in a Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. standardized assessment that is required ?by the state or by the local education provider. Each local education provider must adopt a written policy that a parent may follow to excuse his or her student from taking the standardized assessment. The department of education and the local education provider cannot penalize the student, the student's teaCher and principal, or the public school that the student attends, and the department cannot penalize the local education provider that enrolls the student, if the parent excuses the student ?om taking the standardized assessment. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-7-1006, add (6) as follows: 22-7?1006. Preschool through elementary and secondary education aligned assessments - adoption revisions. (6) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, SECTION 22-7-409, OR THE RULES OF THE STATE BOARD TO THE CONTRARY, THE PARENT OF A STUDENT MAY EXCUSE THE STUDENT FROM PARTICIPATING IN A STANDARDIZED ASSESSMENT THAT Is PART OF THE SYSTEM OF ASSESSMENTS ADOPTED PURSUANT TO THIS SECTION AND ADMINISTERED PURSUANT TO SECTION 22?7-409. EACH LOCAL EDUCATION PROVIDER SHALL ADOPT A WRITTEN POLICY AS DESCRIBED IN SECTION 22-7-1013 (3.5) THAT A PARENT MUST FOLLOW TO EXCUSE THE STUDENT FROM PARTICIPATING IN A STANDARDIZED ASSESSMENT THAT IS PART OF THE SYSTEM OF ASSESSMENTS. THE DEPARTMENT OF EDUCATION SHALL NOT PENALIZE THE STUDENT, THE TEACHER, THE PRINCIPAL OF THE PUBLIC SCHOOL THAT THE STUDENT ATTENDS, THE PUBLIC SCHOOL THAT THE STUDENT ATTENDS, OR THE LOCAL EDUCATION PROVIDER THAT ENROLLS THE STUDENT BECAUSE OF THE CHOICE TO EXCUSE HIS OR HER STUDENT FROM PARTICIPATING IN THE STANDARDIZED ASSESSMENT. SECTION 2. In Colorado Revised Statutes, 22-7-1013, add (3.5) as follows: 22-7-1013. Local education provider - preschool through elementary and secondary education standards adoption - academic acceleration. (3 .5) EACH LOCAL EDUCATION PROVIDER SHALL ADOPT AND IMPLEMENT A WRITTEN POLICY AND PROCEDURE BY WHICH A PARENT MAY EXCUSE THE STUDENT FROM PARTICIPATING IN ONE OR MORE OF: (I) THE STANDARDIZED 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 STANDARDIZED ASSESSMENTS THE LOCAL EDUCATION PROVIDER ADMINISTERS PURSUANT TO SUBSECTION (3) OF THIS SECTION. AT A MINIMUM, THE WRITTEN POLICY MUST SPECIFY: (I) THE MANNER BY WHICH A PARENT MAY EXCUSE HIS OR HER STUDENT FROM PARTICIPATING IN A STANDARDIZED (II) THE TIMING BY WHICH A PARENT MUST SUBMIT THE EXCUSE TO THE LOCAL EDUCATION AND WHETHER A SINGLE EXCUSE MAY APPLY TO STANDARDIZED ASSESSMENTS IN MULTIPLE INSTRUCTIONAL AREAS OR MULTIPLE ADMINISTRATIONS OF ONE OR MORE STANDARDIZED ASSESSMENTS OR WHETHER A PARENT MUST SUBMIT A SEPARATE EXCUSE FOR THE STANDARDIZED ASSESSMENTS ADMINISTERED IN EACH INSTRUCTIONAL AREA AND EACH ADMINISTRATION OF A STANDARDIZED ASSESSMENT. EACH LOCAL EDUCATION PROVIDER, BEFORE CLASSES COMIVLENCE IN THE FALL SEMESTER OF EACH SCHOOL YEAR, SHALL MAKE AVAILABLE TO THE PARENTS OF THE STUDENTS ENROLLED IN EACH PUBLIC SCHOOL OPERATED BY THE LOCAL EDUCATION PROVIDER PAPER AND ELECTRONIC COPIES OF THE WRITTEN POLICY FOR EXCUSING STUDENTS FROM TAKING STANDARDIZED ASSESSMENTS. THE LOCAL EDUCATION PROVIDER SHALL POST A COPY OF THE WRITTEN POLICY ON ITS WEB SITE. THE LOCAL EDUCATION PROVIDER SHALL NOT PENALIZE THE STUDENT, THE TEACHER, THE PRINCIPAL OF THE PUBLIC SCHOOL THAT THE STUDENT ATTENDS, OR THE PUBLIC SCHOOL THAT THE STUDENT ATTENDS BECAUSE OF THE CHOICE TO EXCUSE HIS OR HER STUDENT FROM PARTICIPATING IN THE STANDARDIZED ASSESSMENT. SECTION 3. In Colorado Revised Statutes, 22-7?1003, a?dd (11.3) as follows: 22-7-1003. De?nitions. As used in this part 10, unless the context otherwise requires: (11.3) MEANS A BIOLOGICAL PARENT, ADOPTIVE PARENT, OR LEGAL GUARDIAN. SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 am. on the day following the expiration of the ninety-day period after ?nal adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is ?led pursuant to section 1 (3) of article 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 of?cial declaration of the vote thereon by the governor.