CO Code § 22-32-109.5 (2021)
2021 Colorado Code|Title 22 - Education|Article 32 - School District Boards - Powers and Duties|§ 22-32-109.5. Board of Education - Specific Duties - Testing Requirements - Developmental Education Placement or Assessment Tests - Intervention Plans

  In carrying out its duties under section 22-32-109 (1)(t) in determining educational programs, if a board of education imposes any special proficiency test for graduation from the twelfth grade beyond the regular requirements for satisfactory completion of the courses and hours prescribed for graduation, the results of such tests shall be used by school districts to design regular or special classes to meet the needs of all children as indicated by overall test results. If a board determines to impose such a proficiency test, such test shall be given at least twice during each school year, and initial testing shall take place in the ninth grade.    Any child who does not satisfactorily fulfill the requirements of a special proficiency test imposed under the provisions of subsection (1) of this section shall be provided with remedial or tutorial services during the school day in the subject area in which the test indicates deficiencies for graduation purposes. Such child shall be provided with these services from the time of the initial testing until such time as the results of the special proficiency test are satisfactory. Parents of children not satisfactorily fulfilling the requirements of a special proficiency test shall be provided with all special proficiency test scores for their child a minimum of once each semester.    Repealed.      Each school district may administer to students enrolled in grades nine through twelve in the schools of the school district the developmental education placement or assessment tests that are administered to matriculated first-time freshman students pursuant to section 23-1-113. The school district may administer the tests to a student at any time and as often as it deems necessary while the student is enrolled in any of grades nine through twelve, but the department of education shall allocate money to each school district to offset the costs incurred in administering each of the test units only once per student while he or she is enrolled in those grades.    If a school district chooses to administer the developmental education placement or assessment tests, each student's individual career and academic plan must include the scores achieved by the student on the developmental education placement or assessment tests and, based on an analysis of the scores, the student's level of postsecondary and workforce readiness at the time he or she takes the tests. If a student's scores indicate that he or she is at risk of being unable to demonstrate postsecondary and workforce readiness prior to or upon graduating from high school, school personnel shall work with the student and the student's parent or legal guardian to create an intervention plan that identifies the necessary courses and education support services that the student requires to be able to achieve postsecondary and workforce readiness prior to or upon graduating from high school and to be prepared to continue into the postsecondary education option, if any, selected by the student in his or her individual career and academic plan without need for remedial educational services. If appropriate, the school, the student, and the student's parent or legal guardian may choose to enroll the student in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e), at an institution of higher education through the “Concurrent Enrollment Programs Act”, article 35 of this title 22.         History. Source: L. 75: Entire section added, p. 698, § 1, effective July 18. L. 93: (3) added, p. 1048, § 6, effective June 3. L. 2012: (4) added,(HB 12-1345), ch. 188, p. 725, § 13, effective May 19. L. 2019: (4) amended,(HB 19-1206), ch. 133, p. 601, § 10, effective April 25.    Editor's note:   Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 1995. (See L. 93, p. 1048 .)   Cross references:   For the legislative declaration in the 2012 act adding subsection (4), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019.