The Colorado Department of Education

Offices | Staff Contacts | Colorado.gov

General Assessment Information - Colorado Law

Many answers to questions related to the large-scale standardized assessment system in Colorado can be found in these links to Colorado statutes:


Title 22 - EDUCATION

  • Article 7 - Educational Accountability
    • PART 1 - Educational Accountability (22-7-102)
    • PART 4 - Education Reform (22-7-406 and 22-7-409)

Colorado School Law can be found using the numerical system defined in Titles, Articles and Parts. Title 22 is the title defining the responsibility of the state for provisions of education. Part 4 of Article 7 defines the Education Reform statutes in Colorado schools.  Statutes are then further outlined using a numbering system of 401, 402, 403, etc.

Statutes related to the development of educational accountability programs are found in Part 1 - Educational Accountability.   (Using the numerical system 22-7-102.)

All statutes relating to Colorado STANDARDS are found using this numerical system 22-7-406.

All statutes relating to the measurement of student performance in relation to those standards are found in 22-7-409.

The Unit of Student Assessment in the Colorado Department of Education implements the statutes outlined in Colorado Revised Statutes (CRS) 22-7-409.


We encourage you to:

  • Read the laws noted below.
  • Use LexisNexis to read the full citation for both 22-7-406 and 22-7-409. (You will need to look under Title 22 - Education - to find the full citation.)

Colorado Revised Statute (C.R.S.) 22-7-102.

Legislative Declaration (Educational Accountability)

  • Declares that the purpose of (Educational Reform related to Standards and Assessments) in Colorado is to institute an accountability system to define and measure academic quality in education and thus to help public schools of Colorado to achieve such quality and to expand the life opportunities and options of the students of this state.
  • Further, a stated purpose is to provide to local school boards and local schools assistance in helping their patrons to determine the relative value of their school program as compared to its cost. 

C.R.S. 22-7-102 (1)

  • Further declares that the educational accountability program developed should be designed to measure objectively the quality and efficiency of the educational programs offered by the public schools. C.R.S. 22-7-102 (2)

The program should:

  • develop broad goals
  • identify the activities of schools that can advance students toward these goals
  • develop a means for evaluating the performance of students

It is the belief of the general assembly that developing the evaluation mechanisms will provide for:

  • means for determining whether decisions affecting the educational process are advancing or impeding student achievement,
  • means for reporting to students, parents and the general public on the educational performance of the public schools, and
  • the collection and provision of performance information that could help school districts to increase their efficiency in using available financial resources.

Colorado Revised Statute (R.S) 22-7-406.

Standards and Assessments Development and Implementation

  • Requires the state to adopt and revise Colorado Model Content Standards in first priority areas:

C.R.S. 22-7-406 (1) (a)

  • Reading
  • Writing
  • Math, and
  • Science

Requires the state to adopt assessments in the areas of Reading, Writing, Math, and Science which are aligned with the state model content standards and to specify an acceptable performance level on each state assessment.

C.R.S. 22-7-406 (3)

  • Requires districts to adopt  first and second priority content standards according to the timeline in C.R.S. 22-7-407.

Colorado Revised Statute 22-7-409.

Assessments

Development of the CSAP/TCAP

  • Requires the state to implement the Colorado Student Assessment Program (CSAP) in the first priority areas of Reading, Writing, Mathematics and Science. C.R.S. 22-7-409 (1)
    • Requires the tests be administered in English
    • Allows the state to administer tests in other languages except that any student who has participated in the English language proficiency program (created pursuant to 22-24-104) for more than a total of three school years must take the English version of the statewide assessments.

     

  • Determined the following implementation schedule for the CSAP C.R.S. 22-7-409 (1) (a-f) :

Beginning in....   Grade level... Content Areas...
Spring 1997 -- Grade 4 Reading Writing    
Spring 1998 -- Grade 3 Reading      
Fall 1999
(2001 move to spring)
-- Grade 5     Math  
Spring 1999 -- Grade 7 Reading Writing    
Spring 2000 -- Grade 8     Math Science
Spring 2001 -- Grades 5, 6, 8, 9 Reading      
    Grade 10 Reading Writing Math  
Spring 2002 -- Grades 3, 5, 6, 8, 9   Writing    
  -- Grades 6,7,9     Math  

Calendar for Test Administration

1.  Requires the assessments to be conducted during the period
     beginning second Monday in March and ending on the third
     Monday in April of each year.   C.R.S. 22-7-409 (1.2) (a) (I)

Who must take the tests?

2.  Requires every student enrolled in a public school to take the
     assessments in the grade level in which the student is enrolled
     (1.2)(d)(I)

- Excepting those students taking the grade level assessment
    available in the alternative test - CSAPA.
    C.R.S. 22-7-409 (1.2) (d) (I) (A)


Accountability Exclusions

3. 


Colorado ACT

4.  Requires all students enrolled in the eleventh grade in a Colorado
      public school to take the Colorado ACT.  The ACT is the 
      standardized, curriculum-based, achievement, college entrance
      examination selected by the department of education pursuant to this
      statute meeting the following criteria outlined in the statute
      C.R.S. 22-7-409 (1.5) (a) :

- selected by the Colorado Department of Education

- administered throughout the United States

- relied upon by institutions of higher education that at a
   minimum test in the areas of reading, writing, mathematics,
   and science


Report Cards and Transcripts

5.  Requires the results of the Colorado Student Assessment Program
     (CSAP) be included on each student's final report card for that school
     year and shall be part of the student's permanent academic record.
     C.R.S. 22-7-409 (1.9)

-This means including a hard copy of the test results in the
  students' cumulative files.

- Districts are including the results on the first report card after
   receiving the test results - fall of the next school year.

 

6.  Requires the results of the Colorado ACT (COACT) be included on
     each student's transcript.       C.R.S. 22-7-409  (1.9)


Assessments in the Spanish Language

7.  Requires the state to administer reading assessments in Spanish for
     students enrolled in the third and fourth grades and a writing
     assessment in Spanish for students enrolled in the fourth grade.
     C.R.S. 22-7-409 (3.5) (a) 

8.  Requires the state to administer writing assessments in Spanish for
     students enrolled in the third grades if NCLB funds are sufficient to pay
     for this assessment.     C.R.S. 22-7-409 (3.5) (b)

We encourage you to:

1.  Read the laws noted below.

2.  Use LexisNexis to read the full citation for both 22-7-406 and 22-7-409.
     (You will need to look under Title 22 - Education - to find the full citation.)

 



Law regarding CSAPA/CoAlt:

Colorado Law

22-7-409 (5) (A)

(A) Any student who is eligible for the state's alternate assessment for students with disabilities, also known as the "CSAP-A", or other assessment approved by rule by the board according to the annual review of the student's individual educational program pursuant to section 22-20-108; except that the results of any CSAP-A or other approved assessment shall be reported to the department and aggregated separately for each school;

IDEA 

Regulations: Part 300 / B / 300.160 / a
(a) General. A State must ensure that all children with disabilities are included in all general State and district-wide assessment programs, including assessments described under section 1111 of the ESEA, 20 U.S.C. 6311, with appropriate accommodations and alternate assessments, if necessary, as indicated in their respective IEPs.

Regulations: Part 300 / B / 300.160 / c

(c) Alternate assessments

(1) A State (or, in the case of a district-wide assessment, an LEA) must develop and implement alternate assessments and guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular assessments, even with accommodations, as indicated in their respective IEPs, as provided in paragraph (a) of this section.


Laws regarding CELApro:

Please note: CELA Assessment Program includes the Colorado English Language Acquisition Proficiency Assessment (CELApro) and the Colorado English Language Acquisition Placement Assessment.  (CELAplace)

ELEMENTARY & SECONDARY EDUCATION (NCLB) Title III: Language Instruction for Limited English Proficient and Immigrant Students Public Law 107-110

Subpart 2 — Accountability and Administration

(d) EVALUATION MEASURES- A State shall approve evaluation measures for use under subsection (c) that are designed to assess —

(1) the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English;

(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and

(3) progress in meeting the annual measurable achievement objectives described in section 3122.

Source: Colorado Statutes : Colorado Revised Statutes : TITLE 22 EDUCATION : COMPENSATORY EDUCATION : ARTICLE 24 ENGLISH LANGUAGE PROFICIENCY ACT : 22-24-105. District - powers and duties. 22-24-105. District - powers and duties.

Statute text

(1) It is the duty of each district and the state charter school institute to:

(a) Identify, through the observations and recommendations of parents, teachers, or other persons, students whose dominant language may not be English;

(b) (I) Assess such students, using the entire instrument or technique approved by the department, to determine if their dominant language is not English.

(c) Certify each year to the department those students in the district or in institute charter schools whose dominant language is not English, including specification of the number of non-English languages identified as dominant languages and of the number of students who speak each non-English language as their dominant language;

(d) Administer and provide programs for students whose dominant language is not English.

(2) The assessment described in paragraph (b) of subsection (1) of this section and the certification described in paragraph (c) of subsection (1) of this section shall be conducted on at least an annual basis and each district and the state charter school institute shall present the results there from to the department for inclusion in the relevant annual report of achievement of accreditation indicators required by section 22-11-105.

Source: Colorado Statutes : Colorado Revised Statutes : TITLE 22 EDUCATION : COMPENSATORY EDUCATION : ARTICLE 24 ENGLISH LANGUAGE PROFICIENCY ACT : 22-24-106. Department - powers and duties - advisory commission.

Statute text

(1) It is the duty of the department to:

(a) Develop and approve a single instrument or technique to be used by districts and the state charter school institute in identifying eligible students;

(a.3) Establish statewide levels of proficiency on the entire instrument or technique approved pursuant to paragraph (a) of this subsection (1);

(a.7) Establish, by rule, any accommodations that shall be allowed and in what situations accommodations shall be allowed for an eligible student when such student is taking an assessment pursuant to section 22-7-409;

(b) Provide assistance, on request, to districts and the state charter school institute in the identification and assessment of students;

(c) Audit the identification and testing procedures used by the districts and the state charter school institute and evaluate the effectiveness of the programs conducted by districts and the state charter school institute;

(d) Determine which students are to be counted as eligible for purposes of calculating the district's or the state charter school institute's entitlement;

(e) Allocate such moneys, out of annual appropriations to the department, on a per-student basis;

(f) Disaggregate testing data to track the academic progress of students who have been identified as having a dominant language other than English but who have been enrolled in a public school of the state for three years or longer or have subsequently been assessed as proficient in English.