Students at a recent testing protest on the Capitol steps (Cyrus McCrimmon, The Denver Post).
Updated: 7:30 p.m. Monday.
Colorado lawmakers’ attempts to pare back the volume of state tests taken by Colorado students hit yet another speed bump Monday when a bipartisan bill that drew heavily from a task force’s recommendations stalled in the House Education Committee.
After hours of testimony, the House sponsors of House Bill 1323 delayed a vote, saying more work needed to be done.
The struggle to move along any testing reduction legislation is proving arduous as divisions have emerged over how much to cut, possible damage to the state’s accountability system and whether the goal is to put Gov. John Hickenlooper on the spot or give him something he wants to sign.
Lawmakers Monday heard from a number of witnesses who weren’t happy with the latest attempt at compromise. One prominent issue was making ninth-grade testing optional, which representatives from pro-education reform groups say would leave a gaping hole in measuring student progress.
The task force that made recommendations on how to reduce testing was Still other witnesses Monday said House Bill 1323 does not go far enough, and urged that tests be cut down to the minimum required by the federal government.
House Bill 1323 would eliminate state-mandated tests for 11th and 12th graders, make 9th grade state testing optional, streamline school readiness tests for kindergarten and reduce literacy testing for younger students.
The proposal is similar to Senate Bill 215, which was meant to be the session’s signature test reduction bill
Another part of the House bill excludes non-English proficient students performance on language arts assessments from being counted toward accountability measures until their third year in Colorado schools.
Yet another testing bill, in the Senate, would also rein in testing, with additional twists. S.B. 257 would allow districts to test-run pilots for alternative testing systems so long as they meet federal requirements, and also postpone for another three years implementation of a law that requires 50 percent of a teacher’s evaluation to be based on test scores. That bill has yet to have a committee hearing.
At the opening of Monday’s House Education Committee debate, co-sponsor Rep. Jim Wilson said he would “push hard” for something that can get through both chambers and become law. The Salida Republican said his biggest fear is the Senate testing reduction bill will die in the House, the House bill will die in the Senate, and “students will have to endure yet another year of excessive assessments.”
Another piece of testing legislation did move along Monday. In the Senate, a bill that would change state law to explicitly allow opting students out of state assessments won preliminary approval on a voice vote. The measure needs one more vote before heading to the House.
The bipartisan legislation would shield teachers, principals, districts and schools from negative consequences if test participation drops below required levels because of parents opting their children out.
The bill was amended to make clear that scores of students who are tested still could be used in educator effectiveness ratings, assigning school performance plans or lowering district accreditation ratings. Sen. Andy Kerr, a Lakewood Democrat, authored the amendment.
Senate minority leader Morgan Carroll, an Aurora Democrat, suggested two other changes — making clear that the bill applies only to state standardized tests, and underscoring that it does not actively encourage or promote opting out. Both amendments were approved.
Co-sponsor Sen. Chris Holbert, a Parker Republican, said the legislation does not create any new right or authority for parents, but clarifies that “no one has the authority to discourage, limit, harass, threaten a parent or student” — or suggest that state tests are mandatory.
Sen. Michael Johnston, D-Denver, strongly opposed the bill, arguing it could put up to $360 million in federal funding at risk and invalidate the state’s system holding schools, districts and teachers accountable.
All students must be tested annually in certain subjects and grades under federal law, and a failure could result in restricted or lost funding or lesser consequences.
“This is not governing,” Johnston said. “This is grandstanding.”
The legislation, if it continues its forward march, could put Hickenlooper in a tough spot. The governor’s office has signaled the Democratic governor will not support opt-out legislation that would put federal funding at risk.
