Rules for the administration of the act assessment on a national test date

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The statutory basis for these rules, adopted as emergency rules on January 10, 2002, is found in 22-2-106(1)(a), State Board duties; 22-2-107(1)(c), State Board powers; and 22-7-409(1.5)(c), C.R.S, assessments.

SECTION 22-7-409(1.5)(a), C.R.S. requires that every student in the eleventh grade in public schools throughout Colorado take a curriculum-based, college entrance examination on a date scheduled by the Colorado Department of Education.

C.R.S. 22-7-409(1.5)(b)(II) allows any student who shows a need to take the curriculum-based, college entrance exam on a date on which the exam is administered throughout the country may take the exam on such a date, prior to the date established by the department pursuant to 22-7-409(1.5)(b)(I), C.R.S. The Department shall pay all costs associated with a student taking the curriculum-based, achievement college entrance exam pursuant to 22-7-409(1.5)(b)(II), C.R.S.

The State Board is required to adopt rules pursuant to 22-7-409(1.5)(c) to ensure that any requirements of the administrator of the curriculum-based, achievement college entrance exam, such as a secure environment, are met and to identify the students whose need to take the curriculum-based, achievement college entrance exam on a date on which the exam is administered throughout the country justifies them taking it on such a date.

The State Board of Education finds that the adoption of emergency rules for the testing of students with the ACT assessment on a national test date is imperatively necessary to comply with state law and that compliance with the provisions of 24-4-103(4), C.R.S. would be contrary to the public interest.

The statutory basis for these rules, adopted as permanent rules on May 9, 2002, is found in 22-2-106(1)(a), State Board duties; 22-2-107(1)(c), State Board powers; and 22-7-409(1.5)(c), C.R.S, assessments.

The purpose of these rules is to make permanent the Emergency Rules for the Administration of the ACT on a National Test Date adopted on January 10, 2002. The purpose of these rules is the same as the purpose stated in 2207409-R-1.00, the statement of basis and purpose for emergency rules

2207409-R-2.00: Definitions.

2.01 “Students” means public school students eligible to take the curriculum-based college entrance examination.

2.02 “Curriculum-based, college entrance examination” means the American college testing program assessment (ACT).

2.03 “Department” means the Colorado Department of Education.

2.04 “Department-designated dates” means days scheduled by the Colorado Department of Education for the administration of the assessment across Colorado.

2.05 “Legitimate instructional or curricular activities” means any activity of an educational nature with curricular or instructional value. This would include the need to take the ACT on a national test day in order to comply with certain scholarship programs.

3.01 (1) Students eligible to take the curriculum-based college entrance examination on a nationally established test date shall take the examination according to all rules and policies established by the American College Testing program (ACT).

3.01 (2) Students eligible are those public school students who will use the results of the curriculum-based, college entrance examination for application to the national collegiate athletic association for academic eligibility purposes, or

3.01 (3) Students unable to take the curriculum-based, college entrance examination on Department-designated dates due to conflicts with legitimate instructional, curricular, or other activities, as determined by the Department.

3.01 (4) On or before December 31^st of each calendar year, the Department shall schedule a date by which each school must submit a roster, listing students who have a need to take the ACT on a national test date. This roster will include student name, student identifier, and need to take the ACT on a national test date in place of the scheduled state ACT. The student's school of enrollment shall receive approval in writing from the Department for individual students who submitted a request. The school will receive a voucher for payment to ACT for each approved student to use when taking the national ACT test.

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