Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0728.01 Julie Pelegrin x2700
SENATE BILL 22-044
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING LIMITING THE USE OF STUDENT ACADEMIC GROWTH IN101
EVALUATING A LICENSED EDUCATOR 'S PERFORMANCE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill clarifies the purposes of licensed educator performance
evaluations.
The bill directs the state board of education (state board) to adopt
rules as necessary to ensure that:
! Beginning in the 2022-23 school year, student academic
growth is considered, without a percentage, along with the
SENATE SPONSORSHIP
Story, Kolker
HOUSE SPONSORSHIP
Froelich and Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. quality standards as part of a comprehensive evaluation of
a teacher's or principal's performance; and
! Student assessment scores may be used collectively at a
particular grade level or the school-building level solely for
specified purposes, and collective measures may not be
used beyond the school level.
The bill specifies the measures a school district or board of
cooperative services may consider in determining student academic
growth for purposes of evaluating teacher performance.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-9-102, amend (1)2
as follows:3
22-9-102. Legislative declaration. (1) The general assembly4
hereby
declares that:5
(a) A system to evaluate the effectiveness of licensed personnel6
is crucial to improving the quality of education in this state
AND IN7
SUPPORTING AND DIRECTING PROFESSIONAL GROWTH AND DEVELOPMENT8
FOR LICENSED PERSONNEL and declares that such a system shall be
9
applicable APPLIES to all licensed personnel in the school districts and10
boards of cooperative services throughout the state; and11
(b) L
ICENSED PERSONNEL ARE DEDICATED TO EDUCATING12
STUDENTS AND IMPROVING STUDENT LEARNING AND STUDENT OUTCOMES13
AND ARE COMMITTED TO USING STUDE NT ACADEMIC PERFORMANCE DATA14
TO IMPROVE THEIR PROFESSIONAL PRACTICE AND WORKING TOGETHER TO15
IDENTIFY AND DEVELOP BEST -PRACTICE STRATEGIES TO EFFECTIVELY16
EDUCATE STUDENTS;17
(b)
(c) The purposes of the evaluation shall be ARE to:18
(I) Serve as a basis for the improvement of instruction
BY19
SUPPORTING PROFESSIONAL GROWTH AND DEVELOPMENT ;20
SB22-044-2- (II) ENABLE LICENSED PERSONNEL TO REVIEW THEIR PRACTICE1
AND IMPROVE THEIR SKILLS AND THE QUALITY OF INSTRUCTION THEY2
PROVIDE;3
(II) (III) Enhance the implementation of programs of curriculum;4
(III) (IV) PROVIDE A FOUNDATION FOR AND serve as a5
measurement of the professional growth and development of licensed6
personnel;7
(IV) (V) Evaluate the A LICENSED PERSON'S level of performance8
based on the effectiveness of licensed personnel A COMPREHENSIVE9
REVIEW OF THE QUALITY STANDARDS THAT , CONSIDERED TOGETHER ,10
DESCRIBE EFFECTIVENESS FOR THE POSITION THAT THE LICENSED PERSON11
HOLDS, WHICH FOR TEACHERS INCLUDES THE LICENSED PERSON 'S12
EFFECTIVENESS IN FACILITATING STUDENT ACADEMIC GROWTH ; and13
(V) (VI) Provide a basis for COLLABORATION, MENTORING, AND14
PROFESSIONAL GOAL-SETTING AND FOR making decisions in the areas of15
hiring, compensation, promotion, assignment, professional
GROWTH AND16
development, earning and retaining nonprobationary status, dismissal, and17
nonrenewal of contract;
AND18
(d) T
HE USE OF COLLECTIVE MEASURES AS PART OF A LICENSED19
PERSONNEL EVALUATION SYSTEM IS APPROPRIATE ONLY TO THE EXTENT20
THAT THE COLLECTIVE MEASURES ARE THE BASIS FOR ENGAGING ALL OF21
THE LICENSED PERSONNEL AT A PARTICULAR GRADE LEVEL OR IN A22
SCHOOL IN COLLABORATING TO IDENTIFY AND IMPLEMENT BEST PRACTICES23
AND TO SET GOALS AND STRATEGIES FOR STUDENT ACADEMIC GROWTH IN24
ALL SUBJECT AREAS.25
SECTION 2. In Colorado Revised Statutes, 22-9-104, add (3) as26
follows:27
SB22-044
-3- 22-9-104. State board - department - powers and duties -1
rules. (3) F
OR EVALUATIONS COMPLETED FOR THE 2022-23 SCHOOL YEAR2
AND EACH SCHOOL YEAR THEREAFTER , THE STATE BOARD SHALL3
PROMULGATE RULES AS NECESSARY TO ENSURE THAT THE STATE MODEL4
PERFORMANCE EVALUATION SYSTEM :5
(a) P
ROVIDES THAT STUDENT ACADEMIC GROWTH DOES NOT6
CONSTITUTE A SPECIFIED PERCENTAGE OF A TEACHER 'S OR PRINCIPAL'S7
EVALUATION, BUT RATHER IS CONSIDERED , WITH THE QUALITY8
STANDARDS, AS ONLY A PART OF A COMPREHENSIVE EVALUATION OF A9
TEACHER'S OR PRINCIPAL'S PERFORMANCE. IN CONSIDERING STUDENT10
ACADEMIC GROWTH , A SCHOOL DISTRICT OR BOARD OF COOPERATIVE11
SERVICES MAY CONSIDER ACADEMIC GROWTH AS MEASURED BY A12
COMBINATION OF OBJECTIVE INDICATORS OF ACADEMIC GROWTH THAT13
ARE IDENTIFIED BEFORE THE BEGINNING OF THE EVALUATION CYCLE ,14
WHICH MAY INCLUDE STUDENT FORMATIVE AND SUMMATIVE ASSESSMENT15
SCORES, STUDENT ACADEMIC WORK , AND ACHIEVEMENT OF STUDENT16
LEARNING OBJECTIVES.17
(b) P
ROVIDES THAT STUDENT ASSESSMENT RESULTS ARE USED18
SOLELY AS A BASIS FOR IDENTIFYING STRATEGIES TO IMPROVE19
INSTRUCTIONAL PRACTICE INDIVIDUALLY OR COLLECTIVELY FOR20
TEACHERS AT A PARTICULAR GRADE LEVEL OR THE SCHOOL -BUILDING21
LEVEL;22
(c) A
LLOWS THE USE OF STUDENT SCORES ACHIEVED ON23
STATEWIDE ASSESSMENTS AND DISTRICT ASSESSMENTS COLLECTIVELY AT24
A PARTICULAR GRADE LEVEL OR THE SCHOOL -BUILDING LEVEL SOLELY TO:25
(I) I
DENTIFY STRENGTHS AND CHALLENGES IN DELIVERING26
INSTRUCTION;27
SB22-044
-4- (II) IDENTIFY AND EXPLAIN UNEXPECTED RESULTS OR TRENDS ;1
(III) I
DENTIFY AND IMPLEMENT STRATEGIES TO COLLECTIVELY2
IMPROVE INSTRUCTION AND STUDENT LEARNING AND STUDENT OUTCOMES ;3
AND4
(IV) A
SSESS THE SUCCESS OF THE COLLECTIVE STRATEGIES IN5
IMPROVING STUDENT LEARNING AND STUDENT OUTCOMES AND ADJUST6
THE STRATEGIES AS NECESSARY; AND7
(d) A
LLOWS THE USE OF COLLECTIVE MEASURES THAT ARE BASED8
ON THE PERFORMANCE OF ALL STUDENTS ENROLLED AT A PARTICULAR9
GRADE LEVEL WITHIN A SINGLE SCHOOL OR THE PERFORMANCE OF ALL10
STUDENTS ENROLLED IN THE SINGLE SCHOOL , CONSISTENT WITH11
SUBSECTIONS (3)(b) AND (3)(c) OF THIS SECTION, BUT DOES NOT ALLOW12
THE USE OF COLLECTIVE MEASURES THAT ARE BASED ON THE13
PERFORMANCE OF STUDENTS WHO ARE NOT ENROLLED IN A SINGLE14
SCHOOL.15
SECTION 3. In Colorado Revised Statutes, 22-9-106, amend (1)16
introductory portion, (1)(e)(II), (2.5)(c), (7) introductory portion, and17
(7)(a) as follows:18
22-9-106. Local boards of education - duties - performance19
evaluation system - compliance - rules - repeal. (1) All school districts20
and boards of cooperative services that employ licensed personnel as
21
defined in section 22-9-103 (1.5), shall adopt a written system to evaluate22
the employment performance of school district and board of cooperative23
services licensed personnel, including all teachers, principals, and24
administrators, with the exception of licensed personnel employed by a25
board of cooperative services for a period of six weeks or less. In26
developing the licensed personnel performance evaluation system and any27
SB22-044
-5- SUBSEQUENT amendments, thereto, the local board and board of1
cooperative services shall comply with the provisions of subsection (1.5)2
of this section and shall consult with administrators, principals, and3
teachers employed within the district or participating districts in a board4
of cooperative services, parents, and the school district licensed personnel5
performance evaluation council or the board of cooperative services6
personnel performance evaluation council created pursuant to section7
22-9-107. The performance evaluation system shall MUST address all of8
the performance QUALITY standards established by rule of the state board9
and adopted by the general assembly pursuant to section 22-9-105.5, and10
shall PURSUANT TO SECTIONS 22-9-104 (3) AND 22-9-105.5, AND MUST11
contain, but need not be limited to, the following information:12
(e) (II) The standards set by the local board for effective13
performance for licensed personnel and the criteria to be used to14
determine whether the performance of each licensed person meets such15
standards and other criteria for evaluation for each licensed personnel16
position evaluated. One of the standards for measuring teacher17
effectiveness shall MUST be directly related to classroom instruction and:18
shall FOR SCHOOL YEARS THAT COMMENCE BEFORE JULY 1, 2022, MUST19
require that at least fifty percent of the evaluation is determined by the20
academic growth of the teacher's students;
AND, FOR SCHOOL YEARS THAT21
COMMENCE ON OR AFTER JULY 1, 2022, MUST NOT CONSTITUTE A SPECIFIC22
PERCENTAGE OF THE EVALUATION OF A TEACHER 'S PERFORMANCE, BUT23
MAY BE CONSIDERED, WITH THE QUALITY STANDARDS, AS ONLY A PART OF24
A COMPREHENSIVE EVALUATION OF A TEACHER 'S PERFORMANCE. The25
district accountability committee shall provide input and26
recommendations concerning the assessment tools used to measure27
SB22-044
-6- student academic growth as it relates to teacher evaluations. The1
standards shall include multiple measures of student performance in2
conjunction with student growth expectations. I
N CONSIDERING STUDENT3
ACADEMIC GROWTH , A SCHOOL DISTRICT OR BOARD OF COOPERATIVE4
SERVICES MAY CONSIDER ACADEMIC GROWTH AS MEASURED BY A5
COMBINATION OF OBJECTIVE INDICATORS OF ACADEMIC GROWTH THAT6
ARE IDENTIFIED BEFORE THE BEGINNING OF THE EVALUATION CYCLE ,7
WHICH MAY INCLUDE STUDENT FORMATIVE AND SUMMATIVE ASSESSMENT8
SCORES, STUDENT ACADEMIC WORK , AND ACHIEVEMENT OF STUDENT9
LEARNING OBJECTIVES. For the purposes of measuring effectiveness,10
expectations of student academic growth shall
MUST take into11
consideration diverse factors, including but not limited to special12
education, student mobility, and classrooms with a student population in13
which ninety-five percent meet the definition of high-risk student as14
defined in section 22-7-604.5 (1.5). The performance evaluation system15
shall MUST also ensure that the standards and criteria are available in16
writing to all licensed personnel and are communicated and discussed by17
the person being evaluated and the evaluator prior to and during the18
course of the evaluation. This subparagraph (II) shall take effect at such19
time as the performance evaluation system based on quality standards20
established pursuant to this section and the rules promulgated by the state21
board pursuant to section 22-9-105.5 has completed the initial phase of22
implementation and has been implemented statewide. The commissioner23
shall provide notice of such implementation to the revisor of statutes on24
or before July 1, 2014, and each July 1 thereafter until statewide25
implementation occurs.26
(2.5) (c) Notwithstanding any provision of paragraph (e) of27
SB22-044
-7- subsection (1) of this section or subsection (7) SUBSECTION (1)(e) OR (7)1
of this section to the contrary:2
(I) A local board may use the results of the state assessments3
administered pursuant to section 22-7-1006.3 in the 2014-15 school year4
only as baseline data for measuring student academic growth in the5
2015-16 school year and school years thereafter; and6
(II) A local board may use the results of state assessments7
administered pursuant to section 22-7-1006.3 as a measure of student8
academic growth for evaluations prepared for the school year in which9
the assessments are administered only if the local board receives the10
results by the date by which probationary teachers and nonprobationary11
teachers must receive the written evaluation report as provided in12
paragraph (c) of subsection (1) SUBSECTION (1)(c) of this section. If a13
local board does not receive the results of state assessments in time to use14
them in the written evaluation report prepared for the school year in15
which the assessments are administered, the local board shall MAY use the16
results of the state assessments as measures of student academic growth17
for educator evaluations and professional development ONLY AS A BASIS18
FOR IDENTIFYING STRATEGIES TO IMPROVE INSTRUCTIONAL PRACTICE19
INDIVIDUALLY OR COLLECTIVELY FOR TEACHERS AT A PARTICULAR GRADE20
LEVEL IN A SINGLE SCHOOL OR AT A SINGLE SCHOOL in the school year21
following the school year in which the assessments are administered. A22
LOCAL BOARD MAY ALSO USE THE RESULTS OF THE STATE ASSESSMENTS23
IN IDENTIFYING STUDENT ACADEMIC GROWTH TRENDS OVER TIME . In any
24
A year in which a local board does not receive the state assessment results25
by the deadline for the written evaluation reports, the local board must use26
alternate measures of student academic growth, including the results of27
SB22-044
-8- local assessments if available.1
(III) T
HE USE OF STUDENT SCORES ACHIEVED ON STATEWIDE2
ASSESSMENTS AND DISTRICT ASSESSMENTS MAY BE USED COLLECTIVELY3
AT A PARTICULAR GRADE LEVEL IN A SINGLE SCHOOL OR FOR ALL OF THE4
STUDENTS IN A SINGLE SCHOOL SOLELY TO :5
(A) I
DENTIFY STRENGTHS AND CHALLENGES IN DELIVERING6
INSTRUCTION;7
(B) I
DENTIFY AND EXPLAIN UNEXPECTED RESULTS OR TRENDS ;8
(C) I
DENTIFY AND IMPLEMENT STRATEGIES TO COLLECTIVELY9
IMPROVE INSTRUCTION AND STUDENT LEARNING AND STUDENT OUTCOMES ;10
AND11
(D) A
SSESS THE SUCCESS OF THE COLLECTIVE STRATEGIES IN12
IMPROVING STUDENT LEARNING AND STUDENT OUTCOMES AND ADJUST13
THE STRATEGIES AS NECESSARY.14
(7) Every principal shall
MUST be evaluated using multiple fair,15
transparent, timely, rigorous, and valid methods. The recommendations16
developed pursuant to this subsection (7) shall require that at least fifty17
percent of the evaluation is determined by the academic growth of the18
students enrolled in the principal's school. For principals, the quality19
standards shall MUST include, but need not be limited to:20
(a) Achievement and academic growth for those students enrolled21
in the principal's school, as measured by the Colorado growth model set22
forth in section 22-11-202;
EXCEPT THAT, FOR SCHOOL YEARS THAT23
COMMENCE ON OR AFTER JULY 1, 2022, CONSIDERATION OF STUDENT24
ACADEMIC GROWTH MEASURES OR OTHER STUDENT PERFORMANCE25
MEASURES MUST NOT CONSTITUTE A SPECIFIC PERCENTAGE OF THE26
EVALUATION OF A PRINCIPAL'S PERFORMANCE, BUT MAY BE CONSIDERED,27
SB22-044
-9- WITH THE QUALITY STANDARDS , AS ONLY A PART OF A COMPREHENSIVE1
EVALUATION OF A PRINCIPAL'S PERFORMANCE.2
SECTION 4. Safety clause. The general assembly hereby finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety.5
SB22-044
-10-