The state Senate on Tuesday gave final approval to a bill that would explicitly allow students to opt out of state assessments — the first piece of testing legislation to get through either chamber this year.
Senate Bill 223 also would prohibit penalties against teachers, principals, districts, schools and students if opt-outs drive down test participation. The vote was 28-7.
The bill was amended on the Senate floor to make clear that opting out is not to be encouraged. Under another amendment, the scores of tested students still could be used as a factor in measuring educator effectiveness, school performance plans and district accreditation.
Co-sponsor Sen. Chris Holbert, R- Parker, said the bill does not create any new right for parents but clarifies that “no one has the authority to discourage, limit, harass, threaten a parent or student.”
Sen. Michael Johnston, D-Denver, argued the bill would invalidate the state’s accountability system and put federal funding at risk. All students must be tested annually in certain subjects and grades under federal law.
The bill’s prospects are uncertain. Even if the legislation clears the House, Gov. John Hickenlooper’s office has signaled he will not support opt-out legislation that endangers federal funding.
