SB10-191_01

Second Regular SessionSixty-seventh General Assembly

STATE OF COLORADOINTRODUCED

LLS NO. 10-0474.05 Jane Ritter SENATE BILL 10-191

Senate Committees House CommitteesEducation

A BILL FOR AN ACT

CONCERNING ENSURING QUALITY INSTRUCTION THROUGH EDUCATOR101

EFFECTIVENESS (EQUITEE).102

Bill Summary

(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://www.leg.state.co.us/billsummaries.)

The bill creates a strategy based on educator effectiveness todevelop greater opportunities for educators and enhance education forstudents throughout Colorado.

Section 1 makes legislative findings.Section 2 adds definitions.

SENATE SPONSORSHIPJohnston and Spence, Foster, Gibbs, Hodge, King K., Kopp, Newell, Penry, Romer,Scheffel

HOUSE SPONSORSHIPScanlan and Murray, Carroll T., Gerou, Massey, Rice, Summers

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.

Section 3 requires the state board of education (state board) towork with the governor's council for educator effectiveness (council), ascreated by executive order, to promulgate rules concerning a system toevaluate the effectiveness of educators (system).

Section 4 repeals the state licensed personnel performanceevaluation council.

Section 5 references the council and lists additional duties for thecouncil. Among those duties are developing recommendations for thestate board regarding teacher evaluations and granting and revokingnonprobationary status. The council is also charged with developing a setof guidelines for establishing levels of effectiveness for differentcategories of educators, making recommendations regarding careerladders for teachers and principals, and making recommendationsconcerning a state plan for the equitable distribution of highly effectiveteachers and principals. If the council fails to make recommendations tothe state board by December 31, 2010, the state board shall, on or beforeMarch 1, 2011, promulgate rules concerning any of the items concerningwhich the council was charged to make recommendations.

Section 6 requires a school district board of education or board ofcooperative services to meet or exceed the guidelines established by thestate board when creating its performance evaluation system. Standardsare provided for a school district board of education to use whenevaluating principals.

Sections 7 and 10 redefine a probationary teacher as a teacherwho has not completed 3 consecutive years of demonstrated effectivenessor a nonprobationary teacher who has had 2 consecutive years ofdemonstrated ineffectiveness, as defined by rule of the state board.

Sections 8 and 11 require teacher placement by mutual consent ofthe teacher and the receiving school. Each teacher employment contractshall contain a provision stating that the teacher may be assigned to aparticular school only upon the consent of the receiving school. If ateacher is unable to secure a position after 2 hiring cycles, he or she willbe placed on unpaid leave without benefits until he or she earns aposition, at which time his or her benefits and years of experience will bereinstated.

Section 9 allows demonstrated effectiveness to be a factor incancelling employment contracts when there is a justifiable decrease inthe number of teaching positions.

Be it enacted by the General Assembly of the State of Colorado:1

SECTION 1. 22-9-102, Colorado Revised Statutes, is amended2

to read:3

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22-9-102. Legislative declaration. (1) The general assembly1

hereby declares that:2

(a) A system of performance evaluation TO EVALUATE THE3

EFFECTIVENESS OF LICENSED PERSONNEL is crucial to improving the4

quality of education in this state and declares that such a system shall be5

applicable to all licensed personnel in the school districts and boards of6

cooperative services throughout the state; AND7

(b) The purposes of the evaluation shall be to:8

(I) Serve as a basis for the improvement of instruction;9

(II) to Enhance the implementation of programs of curriculum;10

(III) to Serve as a measurement of the professional growth and11

development of licensed personnel;12

(IV) and to Evaluate the level of performance EFFECTIVENESS of13

licensed personnel;14

(V) SUPPORT THE DEPARTMENT IN ANALYZING THE EQUITABLE15

DISTRIBUTION OF EFFECTIVE LICENSED PERSONNEL; AND16

(VI) PROVIDE A BASIS FOR MAKING DECISIONS IN THE AREAS OF17

HIRING, COMPENSATION, PROMOTION, ASSIGNMENT, PROFESSIONAL18

DEVELOPMENT, EARNING AND RETAINING NONPROBATIONARY STATUS,19

DISMISSAL, AND NONRENEWAL OF CONTRACT.20

(2) The general assembly further declares that a professionally21

sound and credible system of TO EVALUATE THE EFFECTIVENESS OF22

licensed personnel performance evaluation shall be designed with the23

involvement of licensed personnel and citizens of the school district or24

board of cooperative services.25


BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to27

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read:1

22-9-103. Definitions. As used in this article, unless the context2

otherwise requires:3

(1.2) "COUNCIL" MEANS THE GOVERNOR'S COUNCIL FOR EDUCATOR4

EFFECTIVENESS ESTABLISHED PURSUANT TO EXECUTIVE ORDER5

B 2010-001, DATED JANUARY 13, 2010, AND REFERENCED IN SECTION6

22-9-105.5.7

(1.4) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION8

CREATED PURSUANT TO SECTION 24-1-115, C.R.S.9

SECTION 3. 22-9-104 (2) (c) and (2) (d), Colorado Revised10

Statutes, are amended, and the said 22-9-104 (2) is further amended BY11

THE ADDITION OF A NEW PARAGRAPH, to read:12

22-9-104. State board - powers and duties - rules. (2) The13

state board shall:14

(c) Consult with the state licensed personnel performance15

evaluation council created in section 22-9-105 with regard to the16

guidelines relating to PURSUANT TO SECTION 22-9-105.5, WORK WITH THE17

COUNCIL TO PROMULGATE RULES CONCERNING the planning, development,18

implementation, and assessment of A SYSTEM TO EVALUATE THE19

EFFECTIVENESS OF licensed personnel; performance evaluation systems;20

and21

(d) Review school district and board of cooperative services22

processes and procedures for licensed personnel performance evaluation23

systems to assure that such systems are professionally sound; and will24

result in a fair, adequate, and credible evaluation; AND MEET OR EXCEED25

THE GUIDELINES FOR MEASURES OF EFFECTIVENESS ESTABLISHED BY RULE26

OF THE STATE BOARD PURSUANT TO SECTION 22-9-105.5 (3); AND27

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(f) ON OR BEFORE MARCH 1, 2011, THE STATE BOARD, PURSUANT1

TO THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE2

21, C.R.S., SHALL PROMULGATE RULES WITH REGARD TO THE ISSUES3

SPECIFIED IN SECTION 22-9-105.5 (2) USING THE RECOMMENDATIONS FROM4

THE COUNCIL. IF THE COUNCIL FAILS TO MAKE RECOMMENDATIONS TO THE5

STATE BOARD BY DECEMBER 31, 2010, WITH REGARD TO ONE OR MORE OF6

THE ISSUES SPECIFIED IN SECTION 22-9-105.5 (2), THE STATE BOARD, ON7

OR BEFORE MARCH 1, 2011, SHALL PROMULGATE RULES CONCERNING ANY8

ISSUES IN SECTION 22-9-105.5 (2) THAT THE COUNCIL DID NOT ADDRESS.9

SECTION 4. Repeal. 22-9-105, Colorado Revised Statutes, is10

repealed as follows:11

22-9-105. State licensed personnel performance evaluation12

council created - duties. (1) The state board shall appoint an advisory13

state licensed personnel performance evaluation council, which shall14

consist of the following members: Seven licensed personnel, each from15

a different school district, four of whom shall be teachers; three citizens,16

each from a different school district; a representative from an existing17

council whose members are deans of education; and one member from the18

department of education. The council shall elect its chair. No more than19

six members shall belong to any one political party.20

(2) Said council shall meet regularly and shall report to the state21

board on the planning and development of and on the professional22

quality, credibility, implementation, and assessment of licensed personnel23

performance evaluation systems and their processes and procedures.24

(3) (a) (I) Each school district and board of cooperative services25

shall submit to the state board or to the state licensed personnel26

performance evaluation council such information or data concerning said27

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district's or board's licensed personnel performance evaluation system and1

its processes and procedures as may be requested by the state board or2

such council.3

(II) Repealed.4

(b) Repealed.5

(4) Repealed.6

SECTION 5. Article 9 of title 22, Colorado Revised Statutes, is7

amended BY THE ADDITION OF A NEW SECTION to read:8

22-9-105.5. Governor's council for educator effectiveness -9

legislative declaration - duties - recommendations - rules. (1) THE10

GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:11

(a) ON JANUARY 13, 2010, THE GOVERNOR ESTABLISHED BY12

EXECUTIVE ORDER THE GOVERNOR'S COUNCIL FOR EDUCATOR13

EFFECTIVENESS;14

(b) THE EXECUTIVE ORDER CHARGED THE COUNCIL WITH, AMONG15

OTHER DUTIES, CONSIDERING OPTIONS AND PROVIDING16

RECOMMENDATIONS CONCERNING EDUCATOR EFFECTIVENESS AND17

DEVELOPING RECOMMENDATIONS FOR DEFINITIONS OF PRINCIPAL AND18

TEACHER EFFECTIVENESS; AND19

(c) THE EXECUTIVE ORDER FURTHER SETS FORTH THE MEMBERSHIP20

OF THE FIFTEEN-PERSON COUNCIL, TO BE APPOINTED BY THE GOVERNOR.21

(2) THE GENERAL ASSEMBLY FURTHER DECLARES THAT THE22

COUNCIL SHALL HAVE THE FOLLOWING DUTIES:23

(a) ON OR BEFORE DECEMBER 31, 2010, TO PROVIDE THE STATE24

BOARD WITH RECOMMENDATIONS THAT WILL ENSURE THAT:25

(I) EVERY TEACHER IS EVALUATED USING MULTIPLE FAIR,26

TRANSPARENT, TIMELY, RIGOROUS, AND VALID METHODS. THE27

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RECOMMENDATIONS DEVELOPED PURSUANT TO THIS SUBPARAGRAPH (I)1

SHALL REQUIRE THAT AT LEAST FIFTY PERCENT OF THE EVALUATION IS2

DETERMINED BY THE ACADEMIC GROWTH OF THE TEACHER'S STUDENTS3

AND THAT EACH TEACHER IS PROVIDED WITH AN OPPORTUNITY TO4

IMPROVE HIS OR HER EFFECTIVENESS THROUGH A GROWTH PLAN THAT5

LINKS HIS OR HER EVALUATION AND LEVEL OF EFFECTIVENESS TO6

PROFESSIONAL DEVELOPMENT OPPORTUNITIES. THE MULTIPLE MEASURES7

TO DETERMINE EFFECTIVENESS OF TEACHERS SHALL INCLUDE, BUT NEED8

NOT BE LIMITED TO, MEASURES OF STUDENT LONGITUDINAL ACADEMIC9

GROWTH THAT ARE CONSISTENT WITH THE MEASURES SET FORTH IN10

SECTION 22-11-204 (2) AND ACHIEVEMENT LEVELS ON ANY STATEWIDE11

ASSESSMENTS IN THE RELEVANT SUBJECT AND GRADE LEVEL OR ANY12

LOCALLY ADOPTED INTERIM ASSESSMENTS APPROVED BY THE STATE13

BOARD TO ASSESS STUDENT ACADEMIC GROWTH IN THE RELEVANT14

SUBJECT AND GRADE LEVEL. THE MULTIPLE MEASURES OF EFFECTIVENESS15

FOR TEACHERS SHALL BE CLEAR AND RELEVANT TO THE TEACHER'S ROLES16

AND RESPONSIBILITIES AND SHALL HAVE THE GOAL OF IMPROVING17

STUDENT ACADEMIC GROWTH.18

(II) BEGINNING WITH THE 2011-2012 SCHOOL YEAR, TEACHERS19

SHALL EARN NONPROBATIONARY STATUS BASED ON THREE CONSECUTIVE20

YEARS OF DEMONSTRATED EFFECTIVENESS AND SHALL LOSE21

NONPROBATIONARY STATUS BASED ON TWO CONSECUTIVE YEARS OF22

DEMONSTRATED INEFFECTIVENESS.23

(b) ON OR BEFORE DECEMBER 31, 2010, TO DEVELOP A SET OF24

GUIDELINES FOR ESTABLISHING LEVELS OF EFFECTIVENESS FOR EACH25

CATEGORY OF LICENSED PERSONNEL TO BE EVALUATED UNDER THIS26

ARTICLE. THE GUIDELINES SHALL OUTLINE CRITERIA TO BE APPLIED IN27

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ASSIGNING EDUCATORS TO APPROPRIATE LEVELS OF EFFECTIVENESS,1

WHICH SHALL INCLUDE MEASURES OF STUDENT LONGITUDINAL ACADEMIC2

GROWTH AS SET FORTH IN SECTION 22-11-204 (2).3

(c) ON OR BEFORE DECEMBER 31, 2010, TO MAKE4

RECOMMENDATIONS TO THE STATE BOARD TO ENSURE THAT EVERY5

TEACHER AND PRINCIPAL WHO IS DETERMINED TO BE HIGHLY EFFECTIVE6

SHALL HAVE ACCESS TO A CAREER LADDER THAT WILL HELP HIM OR HER7

EARN ADDITIONAL PAY IN RETURN FOR SHARING EFFECTIVE PRACTICES8

WITH OTHER EDUCATORS STATEWIDE, IN ORDER TO ADVANCE THE9

EFFECTIVENESS OF ALL EDUCATORS IN THE STATE AND ULTIMATELY10

BENEFIT THE STUDENTS OF COLORADO; AND11

(d) ON OR BEFORE DECEMBER 31, 2010, TO MAKE12

RECOMMENDATIONS TO THE STATE BOARD REGARDING HOW THE STATE13

CAN ADOPT AND IMPLEMENT A PLAN FOR EQUITABLE DISTRIBUTION OF14

HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.15

(3) ON OR BEFORE MARCH 1, 2011, THE STATE BOARD SHALL16

PROMULGATE RULES WITH REGARD TO THE ISSUES SPECIFIED IN17

PARAGRAPHS (a) TO (d) OF SUBSECTION (2) OF THIS SECTION, USING THE18

RECOMMENDATIONS FROM THE COUNCIL. IF THE COUNCIL FAILS TO MAKE19

RECOMMENDATIONS TO THE STATE BOARD BY DECEMBER 31, 2010, WITH20

REGARD TO THE ISSUES SPECIFIED IN PARAGRAPHS (a) TO (d) OF21

SUBSECTION (2) OF THIS SECTION, THE STATE BOARD SHALL, ON OR BEFORE22

MARCH 1, 2011, PROMULGATE RULES CONCERNING ANY ISSUES IN SAID23

PARAGRAPHS (a) TO (d) THAT THE COUNCIL DID NOT ADDRESS.24

SECTION 6. The introductory portion to 22-9-106 (1) and25

22-9-106 (1) (c), (1) (d) (III), (I) (d) (V), (1) (e), (2.5), (3.5), (4) (a), and26

(4.5), Colorado Revised Statutes, are amended, and the said 22-9-106 is27

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further amended BY THE ADDITION OF A NEW SUBSECTION, to1

read:2

22-9-106. Local boards of education - duties - performance3

evaluation system - repeal. (1) All school districts and boards of4

cooperative services that employ licensed personnel, as defined in section5

22-9-103 (1.5), shall adopt a written system to evaluate the employment6

performance of school district and board of cooperative services licensed7

personnel, including all teachers, principals, and administrators, with the8

exception of licensed personnel employed by a board of cooperative9

services for a period of six weeks or less. In developing the licensed10

personnel performance evaluation system and any amendments thereto,11

the local board and board of cooperative services shall consult with12

administrators, principals, and teachers employed within the district or13

participating districts in a board of cooperative services, parents, and the14

school district licensed personnel performance evaluation council or the15

board of cooperative services personnel performance evaluation council16

created pursuant to section 22-9-107. The performance evaluation system17

shall MEET OR EXCEED THE GUIDELINES FOR MEASURES OF EFFECTIVENESS18

ESTABLISHED BY RULE OF THE STATE BOARD PURSUANT TO SECTION19

22-9-104 (2) (f), AND SHALL contain, but shall NEED not be limited to, the20

following information:21

(c) The frequency and duration of the evaluations, which shall be22

on a regular basis and of such frequency and duration as to ensure the23

collection of a sufficient amount of data from which reliable conclusions24

and findings may be drawn. At a minimum, the performance evaluation25

system shall ensure that:26

(I) Probationary teachers receive at least two documented27

SB10-191-9-

observations and one evaluation that results in a written evaluation report1

pursuant to subsection (3) of this section each academic year;2

(II) Nonprobationary teachers receive at least one observation3

each year and one evaluation that results in a written evaluation report4

pursuant to subsection (3) of this section every three years EACH5

ACADEMIC YEAR ACCORDING TO THE GUIDELINES FOR MEASURES OF6

EFFECTIVENESS ESTABLISHED BY RULE OF THE STATE BOARD PURSUANT TO7

SECTION 22-9-104 (2) (f); AND8

(III) Principals who are in their first three years of employment as9

principals SHALL receive one evaluation that results in a written10

evaluation report pursuant to subsection (3) of this section each academic11

year and ACCORDING TO THE GUIDELINES FOR MEASURES OF12

EFFECTIVENESS ESTABLISHED BY RULE OF THE STATE BOARD PURSUANT TO13

SECTION 22-9-104 (2) (f).14

(IV) Principals who are in their fourth or subsequent years of15

employment as principals receive at least one evaluation that results in a16

written evaluation report pursuant to subsection (3) of this section every17

three academic years.18

(d) The purposes of the evaluation, which shall include but need19

not be limited to:20

(III) (A) Providing the measurement of satisfactory performance21

for individual licensed personnel and serving as documentation for an22

unsatisfactory performance dismissal proceeding under article 63 of this23

title. THIS SUB-SUBPARAGRAPH (A) IS REPEALED, EFFECTIVE MARCH 1,24

2011, OR AT SUCH TIME AS THE STATE BOARD PROMULGATES RULES25

ESTABLISHING THE GUIDELINES FOR MEASURES OF EFFECTIVENESS26

PURSUANT TO SECTION 22-9-104 (2) (f), WHICHEVER OCCURS FIRST.27

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(B) PROVIDING THE MEASUREMENT OF EFFECTIVENESS FOR1

INDIVIDUAL LICENSED PERSONNEL AND SERVING AS DOCUMENTATION FOR2

AN INEFFECTIVE PERFORMANCE DISMISSAL PROCEEDING UNDER ARTICLE3

63 OF THIS TITLE. THIS SUB-SUBPARAGRAPH (B) SHALL TAKE EFFECT 4

MARCH 1, 2011, OR AT SUCH TIME AS THE STATE BOARD PROMULGATES5

RULES ESTABLISHING THE GUIDELINES FOR MEASURES OF EFFECTIVENESS6


(V) (A) Measuring the level of performance of all licensed8

personnel within the school district or employed by a board of9

cooperative services. THIS SUB-SUBPARAGRAPH (A) IS REPEALED,10

EFFECTIVE MARCH 1, 2011, OR AT SUCH TIME AS THE STATE BOARD11

PROMULGATES RULES ESTABLISHING THE GUIDELINES FOR MEASURES OF12

EFFECTIVENESS PURSUANT TO SECTION 22-9-104 (2) (f), WHICHEVER13

OCCURS FIRST.14

(B) MEASURING THE LEVEL OF EFFECTIVENESS OF ALL LICENSED15

PERSONNEL WITHIN THE SCHOOL DISTRICT OR EMPLOYED BY A BOARD OF16

COOPERATIVE SERVICES. THIS SUB-SUBPARAGRAPH (B) SHALL TAKE17

EFFECT MARCH 1, 2011, OR AT SUCH TIME AS THE STATE BOARD18



OCCURS FIRST.21

(e) (I) The standards set by the local board for satisfactory22

performance for licensed personnel and the criteria to be used to23

determine whether the performance of each licensed person meets such24

standards and other criteria for evaluation for each licensed personnel25

position evaluated. One of the standards for measuring teacher26

performance shall be directly related to classroom instruction and shall27

SB10-191-11-

include multiple measures of student performance. The performance1

evaluation system shall also ensure that the standards and criteria are2

available in writing to all licensed personnel and are communicated and3

discussed by the person being evaluated and the evaluator prior to and4

during the course of the evaluation. THIS SUBPARAGRAPH (I) IS5

REPEALED, EFFECTIVE MARCH 1, 2011, OR AT SUCH TIME AS THE STATE6

BOARD PROMULGATES RULES ESTABLISHING THE GUIDELINES FOR7

MEASURES OF EFFECTIVENESS PURSUANT TO SECTION 22-9-104 (2) (f),8

WHICHEVER OCCURS FIRST.9

(II) THE STANDARDS SET BY THE LOCAL BOARD FOR EFFECTIVE10

PERFORMANCE FOR LICENSED PERSONNEL AND THE CRITERIA TO BE USED11

TO DETERMINE WHETHER THE PERFORMANCE OF EACH LICENSED PERSON12

MEETS SUCH STANDARDS AND OTHER CRITERIA FOR EVALUATION FOR13

EACH LICENSED PERSONNEL POSITION EVALUATED. ONE OF THE14

STANDARDS FOR MEASURING TEACHER EFFECTIVENESS SHALL BE15

DIRECTLY RELATED TO CLASSROOM INSTRUCTION AND SHALL INCLUDE16

MULTIPLE MEASURES OF STUDENT PERFORMANCE. THE PERFORMANCE17

EVALUATION SYSTEM SHALL ALSO ENSURE THAT THE STANDARDS AND18

CRITERIA ARE AVAILABLE IN WRITING TO ALL LICENSED PERSONNEL AND19

ARE COMMUNICATED AND DISCUSSED BY THE PERSON BEING EVALUATED20

AND THE EVALUATOR PRIOR TO AND DURING THE COURSE OF THE21

EVALUATION. THIS SUBPARAGRAPH (II) SHALL TAKE EFFECT MARCH 1,22




(2.5) (a) The council shall actively participate with the local board26

or board of cooperative services in developing written standards for27

SB10-191-12-

evaluation that clearly specify satisfactory performance and the criteria1

to be used to determine whether the performance of each licensed person2

meets such standards pursuant to paragraph (e) of subsection (1) of this3

section. THIS PARAGRAPH (a) IS REPEALED, EFFECTIVE MARCH 1, 2011,4

OR AT SUCH TIME AS THE STATE BOARD PROMULGATES RULES5



(b) THE COUNCIL SHALL ACTIVELY PARTICIPATE WITH THE LOCAL8

BOARD OR BOARD OF COOPERATIVE SERVICES IN DEVELOPING WRITTEN9

STANDARDS FOR EVALUATION THAT CLEARLY SPECIFY LEVELS OF10

EFFECTIVENESS AND THE MEASURES OF EFFECTIVENESS AND THE CRITERIA11

TO BE USED TO DETERMINE WHETHER THE PERFORMANCE OF EACH12

LICENSED PERSON MEETS SUCH STANDARDS PURSUANT TO PARAGRAPH (e)13

OF SUBSECTION (1) OF THIS SECTION. THIS PARAGRAPH (b) SHALL TAKE14

EFFECT MARCH 1, 2011, OR AT SUCH TIME AS THE STATE BOARD15



OCCURS FIRST.18

(3.5) (a) A teacher or principal whose performance is deemed to19

be unsatisfactory pursuant to paragraph (e) of subsection (1) of this20

section shall be given notice of deficiencies. A remediation plan to21

correct said THE deficiencies shall be developed by the district or the22

board of cooperative services and the teacher or principal. The teacher23

or principal shall be given a reasonable period of time to remediate the24

deficiencies and shall receive a statement of the resources and assistance25

available for the purposes of correcting the performance or the26

deficiencies. THIS PARAGRAPH (a) IS REPEALED, EFFECTIVE MARCH 1,27

SB10-191-13-


ESTABLISHING GUIDELINES FOR MEASURES OF EFFECTIVENESS PURSUANT2

TO SECTION 22-9-104 (2) (f), WHICHEVER OCCURS FIRST.3

(b) A TEACHER OR PRINCIPAL WHOSE PERFORMANCE IS DEEMED TO4

BE INEFFECTIVE PURSUANT TO PARAGRAPH (e) OF SUBSECTION (1) OF THIS5

SECTION SHALL BE GIVEN NOTICE OF DEFICIENCIES. A REMEDIATION PLAN6

TO CORRECT THE DEFICIENCIES SHALL BE DEVELOPED BY THE DISTRICT OR7

THE BOARD OF COOPERATIVE SERVICES AND THE TEACHER OR PRINCIPAL. 8

THE TEACHER OR PRINCIPAL SHALL BE GIVEN A REASONABLE PERIOD OF9

TIME TO REMEDIATE THE DEFICIENCIES AND SHALL RECEIVE A STATEMENT10

OF THE RESOURCES AND ASSISTANCE AVAILABLE FOR THE PURPOSE OF11

IMPROVING EFFECTIVENESS. THIS PARAGRAPH (b) SHALL TAKE EFFECT12

MARCH 1, 2011, OR AT SUCH TIME AS THE STATE BOARD PROMULGATES13

RULES ESTABLISHING THE GUIDELINES FOR MEASURES OF EFFECTIVENESS14


(4) (a) Except as provided in paragraph (b) of this subsection (4),16

no person shall be responsible for the evaluation of licensed personnel17

unless such THE person has a principal or administrator license issued18

pursuant to article 60.5 of this title OR IS A DESIGNEE OF A PERSON WITH19

A PRINCIPAL OR ADMINISTRATOR LICENSE and has received education and20

training in evaluation skills approved by the department of education that21

will enable him or her to make fair, professional, and credible evaluations22

of the personnel whom he or she is responsible for evaluating. No person23

shall be issued a principal or administrator license or have a principal or24

administrator license renewed unless the state board determines that such25

person has received education and training approved by the department26

of education.27

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(4.5) (a) Any person whose performance evaluation includes a1

remediation plan shall be given an opportunity to improve his or her2

performance through the implementation of the plan. If the next3

performance evaluation shows that the person is performing satisfactorily,4

no further action shall be taken concerning the original performance5

evaluation. If such THE evaluation shows the person is still not6

performing satisfactorily, the evaluator shall either make additional7

recommendations for improvement or may recommend the dismissal of8

the person, which dismissal shall be in accordance with the provisions of9

article 63 of this title if the person is a teacher. THIS PARAGRAPH (a) IS10

REPEALED, EFFECTIVE MARCH 1, 2011, OR AT SUCH TIME AS THE STATE11

BOARD PROMULGATES RULES ESTABLISHING GUIDELINES FOR MEASURES12

OF EFFECTIVENESS PURSUANT TO SECTION 22-9-104 (2) (f), WHICHEVER13

OCCURS FIRST.14

(b) ANY PERSON WHOSE PERFORMANCE EVALUATION INCLUDES A15

REMEDIATION PLAN SHALL BE GIVEN AN OPPORTUNITY TO IMPROVE HIS OR16

HER EFFECTIVENESS THROUGH THE IMPLEMENTATION OF THE PLAN. IF THE17

NEXT PERFORMANCE EVALUATION SHOWS THAT THE PERSON IS18

PERFORMING EFFECTIVELY, NO FURTHER ACTION SHALL BE TAKEN19

CONCERNING THE ORIGINAL PERFORMANCE EVALUATION. IF THE20

EVALUATION SHOWS THE PERSON IS STILL NOT PERFORMING EFFECTIVELY,21

THE EVALUATOR SHALL EITHER MAKE ADDITIONAL RECOMMENDATIONS22

FOR IMPROVEMENT OR MAY RECOMMEND THE DISMISSAL OF THE PERSON,23

WHICH DISMISSAL SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF24

ARTICLE 63 OF THIS TITLE IF THE PERSON IS A TEACHER. THIS PARAGRAPH25

(b) SHALL TAKE EFFECT MARCH 1, 2011, OR AT SUCH TIME AS THE STATE26

BOARD PROMULGATES RULES ESTABLISHING THE GUIDELINES FOR27

SB10-191-15-

MEASURES OF EFFECTIVENESS PURSUANT TO SECTION 22-9-104 (2) (f),1

WHICHEVER OCCURS FIRST.2

(7) EVERY PRINCIPAL SHALL BE EVALUATED USING MULTIPLE FAIR,3

TRANSPARENT, TIMELY, RIGOROUS, AND VALID METHODS. THE4

RECOMMENDATIONS DEVELOPED PURSUANT TO THIS SUBSECTION (7)5

SHALL REQUIRE THAT AT LEAST SIXTY-SIX PERCENT OF THE EVALUATION6

IS DETERMINED BY A COMBINATION OF THE ACADEMIC GROWTH OF THE7

STUDENTS ENROLLED IN THE PRINCIPAL'S SCHOOL AND THE8

DEMONSTRATED EFFECTIVENESS OR INCREASE IN EFFECTIVENESS OF THE9

TEACHERS IN THE PRINCIPAL'S SCHOOL. FOR PRINCIPALS, THE MULTIPLE10

MEASURES OF EFFECTIVENESS SHALL INCLUDE, BUT NEED NOT BE LIMITED11

TO:12

(a) ACHIEVEMENT AND ACADEMIC GROWTH FOR THOSE STUDENTS13

ENROLLED IN THE PRINCIPAL'S SCHOOL, AS MEASURED BY THE COLORADO14

GROWTH MODEL SET FORTH IN SECTION 22-11-202;15

(b) THE NUMBER AND PERCENTAGE OF LICENSED PERSONNEL IN16

THE PRINCIPAL'S SCHOOL WHO ARE RATED AS EFFECTIVE OR HIGHLY17

EFFECTIVE; AND18

(c) THE NUMBER AND PERCENTAGE OF LICENSED PERSONNEL IN19

THE PRINCIPAL'S SCHOOL WHO ARE RATED AS INEFFECTIVE BUT ARE20

IMPROVING IN EFFECTIVENESS.21

SECTION 7. 22-63-103 (7), Colorado Revised Statutes, is22

amended to read:23

22-63-103. Definitions. As used in this article, unless the context24

otherwise requires:25

(7) "Probationary teacher" means a teacher who has not completed26

three full years of continuous employment with the employing school27

SB10-191-16-

district and who has not been reemployed for the fourth year1

CONSECUTIVE YEARS OF DEMONSTRATED EFFECTIVENESS OR A2

NONPROBATIONARY TEACHER WHO HAS HAD TWO CONSECUTIVE YEARS OF3

DEMONSTRATED INEFFECTIVENESS, AS DEFINED BY RULE PURSUANT TO4

SECTION 22-9-104 (2).5


amended BY THE ADDITION OF A NEW PARAGRAPH to read:7

22-63-202. Employment contracts - contracts to be in writing8

- duration - damage provision. (2) (c.5) THE GENERAL ASSEMBLY9

FINDS THAT, FOR THE FAIR EVALUATION OF A PRINCIPAL BASED ON THE10

DEMONSTRATED EFFECTIVENESS OF HIS OR HER TEACHERS, THE PRINCIPAL11

NEEDS THE ABILITY TO SELECT TEACHERS WHO SUPPORT THE12

INSTRUCTIONAL MODEL OF HIS OR HER SCHOOL. THEREFORE, EACH13

EMPLOYMENT CONTRACT EXECUTED PURSUANT TO THIS SECTION SHALL14

CONTAIN A PROVISION STATING THAT A TEACHER MAY BE ASSIGNED TO A15

PARTICULAR SCHOOL ONLY WITH THE CONSENT OF THE RECEIVING SCHOOL. 16

IF THE TEACHER IS UNABLE TO SECURE AN ASSIGNMENT AT A SCHOOL OF17

THE SCHOOL DISTRICT AFTER TWO HIRING CYCLES, THE SCHOOL DISTRICT18

SHALL PLACE THE TEACHER ON UNPAID LEAVE UNTIL SUCH TIME AS THE19

TEACHER IS ABLE TO SECURE AN ASSIGNMENT. IF THE TEACHER SECURES20

AN ASSIGNMENT AT A SCHOOL OF THE SCHOOL DISTRICT WHILE PLACED ON21

UNPAID LEAVE, THE SCHOOL DISTRICT SHALL REINSTATE THE TEACHER'S22

SALARY AND BENEFITS AT THE LEVEL THEY WOULD HAVE BEEN IF THE23

TEACHER HAD NOT BEEN PLACED ON UNPAID LEAVE.24


amended to read:26

22-63-202. Employment contracts - contracts to be in writing27

SB10-191-17-

- duration - damage provision. (3) A teacher may be suspended1

temporarily during the contractual period until the date of dismissal as2

ordered by the board pursuant to section 22-63-302 or may have his OR3

HER employment contract cancelled during the contractual period when4

there is a justifiable decrease in the number of teaching positions. The5

manner in which employment contracts will be cancelled when there is6

a justifiable decrease in the number of teaching positions may SHALL be7

included in any contract between the board of education of the school8

district and school district employees If there is no such contract9

provision, when a justifiable reduction in the number of teaching10

positions within a particular endorsement area occurs, the employment11

contracts of first-year probationary teachers who are occupying such12

positions shall be cancelled first. Further reductions in the number of13

teaching positions through the cancellation of employment contracts of14

second-year and third-year probationary teachers and nonprobationary15

teachers shall be made in accordance with an established policy of the16

board of education of the school district. The provisions of this17

subsection (3) concerning the cancellation of employment contracts shall18

not create any property right or contract right, express or implied, for19

second-year and third-year probationary teachers OR IN AN ESTABLISHED20

POLICY OF THE BOARD, WHICH CONTRACT OR POLICY SHALL INCLUDE THE21

CRITERIA DESCRIBED IN SECTION 22-9-106 AS SIGNIFICANT FACTORS IN22

DETERMINING WHICH EMPLOYMENT CONTRACTS TO CANCEL AS A RESULT23

OF THE DECREASE IN TEACHING POSITIONS.24

SECTION 10. 22-63-203 (1), (2) (b) (III), and (2) (b) (IV),25

Colorado Revised Statutes, are amended to read:26

22-63-203. Probationary teachers - renewal and nonrenewal27

SB10-191-18-

of employment contract. (1) The provisions of this section shall apply1

only to probationary teachers and shall no longer apply when the teacher2

HAS BEEN GRANTED NONPROBATIONARY STATUS AS A RESULT OF THREE3

CONSECUTIVE YEARS OF DEMONSTRATED EFFECTIVENESS, AS DETERMINED4

THROUGH HIS OR HER PERFORMANCE EVALUATIONS, AND CONTINUOUS5

EMPLOYMENT. A NONPROBATIONARY TEACHER SHALL LOSE SUCH STATUS6

AND RETURN TO PROBATIONARY STATUS FOLLOWING TWO CONSECUTIVE7

YEARS OF DEMONSTRATED INEFFECTIVENESS, AS DETERMINED BY HIS OR8

HER PERFORMANCE EVALUATIONS.9

(2) (b) For purposes of paragraph (a) of this subsection (2):10

(III) The three CONSECUTIVE school years of DEMONSTRATED11

EFFECTIVENESS AND continuous employment required for the12

probationary period shall not be deemed to be interrupted by the13

temporary illness of a probationary teacher. A leave of absence approved14

by the board of a school district or a military leave of absence pursuant15

to article 3 of title 28, C.R.S., shall not be considered to be an interruption16

of the CONSECUTIVE YEARS OF DEMONSTRATED EFFECTIVENESS AND17

continuous employment required for the probationary period, but the time18

of such leaves of absence shall not be included in computing the required19

probationary period.20

(IV) The three CONSECUTIVE school years of DEMONSTRATED21

EFFECTIVENESS AND continuous employment required for the22

probationary period shall not be deemed to be interrupted by the23

acceptance by a probationary teacher of the position of chief24

administrative officer in said school district, but the period of time during25

which such teacher serves in such capacity shall not be included in26

computing said probationary period.27

SB10-191-19-


BY THE ADDITION OF A NEW SUBSECTION to read:2

22-63-206. Transfer - compensation. (5) NOTHING IN THIS3

SECTION SHALL BE CONSTRUED AS REQUIRING A RECEIVING SCHOOL TO4

INVOLUNTARILY ACCEPT THE TRANSFER OF A TEACHER. ALL TRANSFERS5

TO POSITIONS AT OTHER SCHOOLS OF THE SCHOOL DISTRICT SHALL6

REQUIRE THE CONSENT OF THE RECEIVING SCHOOL.7

SECTION 12. Safety clause. The general assembly hereby finds,8

determines, and declares that this act is necessary for the immediate9

preservation of the public peace, health, and safety.10

SB10-191-20-

Documents

SB10-191_01