State Senate pushes opt-out bill toward final vote

Initial approval given to student-testing choice
AP Photo/Detroit Free Press

DENVER - The Colorado Senate On Monday gave initial approval to a measure that would allow parents to opt their children out of student assessments without the risk of facing penalties.

Senate Bill 223 could receive a final vote in the Senate midweek before heading to the House.

The bill advanced Monday ahead of a hearing on legislation that aims to reduce student testing in the state. House Bill 1323 is scheduled for a hearing at 1:30 p.m. before the House Education Committee.

The opt-out measure would require school districts to allow a parent to excuse their child from a standardized assessment without facing penalties or repercussions from the state or school district.

Parents raised concerns over districts threatening them and their children with financial penalties, in-school suspension and prohibiting students from attending class parties, among other complaints.

The issue has brought Republicans and Democrats together, with leadership on both sides of the aisle supporting the proposal.

"This is not a protest bill, this is not an encouragement to have more people opt out, this is not undermining our statewide assessment system," said Sen. Chris Holbert, R-Parker, a co-sponsor of the legislation. "If we have a problem with high percentages of students and parents saying 'no,' then we have an opportunity as a Legislature and our 178 school districts to do something entirely within our power to do."

The issue has been of particular interest in Southwest Colorado, where 93 percent of parents with students at Mancos High School signed a form opting them out of the Partnership for Assessment of Readiness for College and Careers, or PARCC, test.

Assessments such as PARCC would qualify, which falls under federal Common Core standards.

But critics of the effort say it erodes education reforms, largely implemented by Senate Bill 191 in 2010, including tying teacher evaluations to student growth and assessments.

The Senate quickly passed an amendment Monday that would clarify that opting out does not apply to local tests. But opponents remain worried.

"This is not governing, this is grandstanding," said Sen. Mike Johnston, D-Denver, who spearheaded the SB 191 effort five years ago. "There's no actual system to replace the problem you're going to create."

The opt-out measure serves as a backdrop to the larger conversation over testing as a whole. Bipartisan HB 1323 - scheduled for a hearing Monday afternoon - would reduce testing and related burdens across the board by:

Eliminating all state-mandated tests in 12th grade.

Eliminating state-mandated tests in 11th grade except for the ACT.

Making 9th grade English Language Arts (ELA) and math tests a local decision.

Administering the ELA and math assessments in 10th grade.

Streamlining literacy READ Act assessments.

Providing a paper-and-pencil option.

Providing more information to parents.

Reducing the number of School Readiness Assessments to one per year.

And excusing non-English-proficient students who have been in a Colorado school less than one year from ELA assessments.

The bill comes as a second attempt after the Legislature stalled on Senate Bill 215, which also aimed to reduce testing. That bill was opposed by a diverse group of stakeholders, including teachers, who asked the Legislature to do more.

There is more support for HB 1323, though stakeholders have asked for changes to the legislation, which could come Monday afternoon.