Colorado 2022 Regular Session

Colorado Senate Bill SB044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0728.01 Julie Pelegrin x2700
8	8	SENATE BILL 22-044
9	9	Senate Committees House Committees
10	10	Education
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING LIMITING THE USE OF STUDENT ACADEMIC GROWTH IN101
14	14	EVALUATING A LICENSED EDUCATOR 'S PERFORMANCE.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill clarifies the purposes of licensed educator performance
23	23	evaluations.
24	24	The bill directs the state board of education (state board) to adopt
25	25	rules as necessary to ensure that:
26	26	! Beginning in the 2022-23 school year, student academic
27	27	growth is considered, without a percentage, along with the
28	28	SENATE SPONSORSHIP
29	29	Story, Kolker
30	30	HOUSE SPONSORSHIP
31	31	Froelich and Kipp,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. quality standards as part of a comprehensive evaluation of
35	35	a teacher's or principal's performance; and
36	36	! Student assessment scores may be used collectively at a
37	37	particular grade level or the school-building level solely for
38	38	specified purposes, and collective measures may not be
39	39	used beyond the school level.
40	40	The bill specifies the measures a school district or board of
41	41	cooperative services may consider in determining student academic
42	42	growth for purposes of evaluating teacher performance.
43	43	Be it enacted by the General Assembly of the State of Colorado:1
44	44	SECTION 1. In Colorado Revised Statutes, 22-9-102, amend (1)2
45	45	as follows:3
46	46	22-9-102. Legislative declaration. (1) The general assembly4
47	47	hereby
48	48	declares that:5
49	49	(a) A system to evaluate the effectiveness of licensed personnel6
50	50	is crucial to improving the quality of education in this state
51	51	AND IN7
52	52	SUPPORTING AND DIRECTING PROFESSIONAL GROWTH AND DEVELOPMENT8
53	53	FOR LICENSED PERSONNEL and declares that such a system shall be
54	54	9
55	55	applicable APPLIES to all licensed personnel in the school districts and10
56	56	boards of cooperative services throughout the state; and11
57	57	(b) L
58	58	ICENSED PERSONNEL ARE DEDICATED TO EDUCATING12
59	59	STUDENTS AND IMPROVING STUDENT LEARNING AND STUDENT OUTCOMES13
60	60	AND ARE COMMITTED TO USING STUDE NT ACADEMIC PERFORMANCE DATA14
61	61	TO IMPROVE THEIR PROFESSIONAL PRACTICE AND WORKING TOGETHER TO15
62	62	IDENTIFY AND DEVELOP BEST -PRACTICE STRATEGIES TO EFFECTIVELY16
63	63	EDUCATE STUDENTS;17
64	64	(b)
65	65	(c) The purposes of the evaluation shall be ARE to:18
66	66	(I) Serve as a basis for the improvement of instruction
67	67	BY19
68	68	SUPPORTING PROFESSIONAL GROWTH AND DEVELOPMENT ;20
69	69	SB22-044-2- (II) ENABLE LICENSED PERSONNEL TO REVIEW THEIR PRACTICE1
70	70	AND IMPROVE THEIR SKILLS AND THE QUALITY OF INSTRUCTION THEY2
71	71	PROVIDE;3
72	72	(II) (III) Enhance the implementation of programs of curriculum;4
73	73	(III) (IV) PROVIDE A FOUNDATION FOR AND serve as a5
74	74	measurement of the professional growth and development of licensed6
75	75	personnel;7
76	76	(IV) (V) Evaluate the A LICENSED PERSON'S level of performance8
77	77	based on the effectiveness of licensed personnel A COMPREHENSIVE9
78	78	REVIEW OF THE QUALITY STANDARDS THAT , CONSIDERED TOGETHER ,10
79	79	DESCRIBE EFFECTIVENESS FOR THE POSITION THAT THE LICENSED PERSON11
80	80	HOLDS, WHICH FOR TEACHERS INCLUDES THE LICENSED PERSON 'S12
81	81	EFFECTIVENESS IN FACILITATING STUDENT ACADEMIC GROWTH ; and13
82	82	(V) (VI) Provide a basis for COLLABORATION, MENTORING, AND14
83	83	PROFESSIONAL GOAL-SETTING AND FOR making decisions in the areas of15
84	84	hiring, compensation, promotion, assignment, professional
85	85	GROWTH AND16
86	86	development, earning and retaining nonprobationary status, dismissal, and17
87	87	nonrenewal of contract;
88	88	AND18
89	89	(d) T
90	90	HE USE OF COLLECTIVE MEASURES AS PART OF A LICENSED19
91	91	PERSONNEL EVALUATION SYSTEM IS APPROPRIATE ONLY TO THE EXTENT20
92	92	THAT THE COLLECTIVE MEASURES ARE THE BASIS FOR ENGAGING ALL OF21
93	93	THE LICENSED PERSONNEL AT A PARTICULAR GRADE LEVEL OR IN A22
94	94	SCHOOL IN COLLABORATING TO IDENTIFY AND IMPLEMENT BEST PRACTICES23
95	95	AND TO SET GOALS AND STRATEGIES FOR STUDENT ACADEMIC GROWTH IN24
96	96	ALL SUBJECT AREAS.25
97	97	SECTION 2. In Colorado Revised Statutes, 22-9-104, add (3) as26
98	98	follows:27
99	99	SB22-044
100	100	-3- 22-9-104. State board - department - powers and duties -1
101	101	rules. (3) F
102	102	OR EVALUATIONS COMPLETED FOR THE 2022-23 SCHOOL YEAR2
103	103	AND EACH SCHOOL YEAR THEREAFTER , THE STATE BOARD SHALL3
104	104	PROMULGATE RULES AS NECESSARY TO ENSURE THAT THE STATE MODEL4
105	105	PERFORMANCE EVALUATION SYSTEM :5
106	106	(a) P
107	107	ROVIDES THAT STUDENT ACADEMIC GROWTH DOES NOT6
108	108	CONSTITUTE A SPECIFIED PERCENTAGE OF A TEACHER 'S OR PRINCIPAL'S7
109	109	EVALUATION, BUT RATHER IS CONSIDERED , WITH THE QUALITY8
110	110	STANDARDS, AS ONLY A PART OF A COMPREHENSIVE EVALUATION OF A9
111	111	TEACHER'S OR PRINCIPAL'S PERFORMANCE. IN CONSIDERING STUDENT10
112	112	ACADEMIC GROWTH , A SCHOOL DISTRICT OR BOARD OF COOPERATIVE11
113	113	SERVICES MAY CONSIDER ACADEMIC GROWTH AS MEASURED BY A12
114	114	COMBINATION OF OBJECTIVE INDICATORS OF ACADEMIC GROWTH THAT13
115	115	ARE IDENTIFIED BEFORE THE BEGINNING OF THE EVALUATION CYCLE ,14
116	116	WHICH MAY INCLUDE STUDENT FORMATIVE AND SUMMATIVE ASSESSMENT15
117	117	SCORES, STUDENT ACADEMIC WORK , AND ACHIEVEMENT OF STUDENT16
118	118	LEARNING OBJECTIVES.17
119	119	(b) P
120	120	ROVIDES THAT STUDENT ASSESSMENT RESULTS ARE USED18
121	121	SOLELY AS A BASIS FOR IDENTIFYING STRATEGIES TO IMPROVE19
122	122	INSTRUCTIONAL PRACTICE INDIVIDUALLY OR COLLECTIVELY FOR20
123	123	TEACHERS AT A PARTICULAR GRADE LEVEL OR THE SCHOOL -BUILDING21
124	124	LEVEL;22
125	125	(c) A
126	126	LLOWS THE USE OF STUDENT SCORES ACHIEVED ON23
127	127	STATEWIDE ASSESSMENTS AND DISTRICT ASSESSMENTS COLLECTIVELY AT24
128	128	A PARTICULAR GRADE LEVEL OR THE SCHOOL -BUILDING LEVEL SOLELY TO:25
129	129	(I) I
130	130	DENTIFY STRENGTHS AND CHALLENGES IN DELIVERING26
131	131	INSTRUCTION;27
132	132	SB22-044
133	133	-4- (II) IDENTIFY AND EXPLAIN UNEXPECTED RESULTS OR TRENDS ;1
134	134	(III) I
135	135	DENTIFY AND IMPLEMENT STRATEGIES TO COLLECTIVELY2
136	136	IMPROVE INSTRUCTION AND STUDENT LEARNING AND STUDENT OUTCOMES ;3
137	137	AND4
138	138	(IV) A
139	139	SSESS THE SUCCESS OF THE COLLECTIVE STRATEGIES IN5
140	140	IMPROVING STUDENT LEARNING AND STUDENT OUTCOMES AND ADJUST6
141	141	THE STRATEGIES AS NECESSARY; AND7
142	142	(d) A
143	143	LLOWS THE USE OF COLLECTIVE MEASURES THAT ARE BASED8
144	144	ON THE PERFORMANCE OF ALL STUDENTS ENROLLED AT A PARTICULAR9
145	145	GRADE LEVEL WITHIN A SINGLE SCHOOL OR THE PERFORMANCE OF ALL10
146	146	STUDENTS ENROLLED IN THE SINGLE SCHOOL , CONSISTENT WITH11
147	147	SUBSECTIONS (3)(b) AND (3)(c) OF THIS SECTION, BUT DOES NOT ALLOW12
148	148	THE USE OF COLLECTIVE MEASURES THAT ARE BASED ON THE13
149	149	PERFORMANCE OF STUDENTS WHO ARE NOT ENROLLED IN A SINGLE14
150	150	SCHOOL.15
151	151	SECTION 3. In Colorado Revised Statutes, 22-9-106, amend (1)16
152	152	introductory portion, (1)(e)(II), (2.5)(c), (7) introductory portion, and17
153	153	(7)(a) as follows:18
154	154	22-9-106. Local boards of education - duties - performance19
155	155	evaluation system - compliance - rules - repeal. (1) All school districts20
156	156	and boards of cooperative services that employ licensed personnel as
157	157	21
158	158	defined in section 22-9-103 (1.5), shall adopt a written system to evaluate22
159	159	the employment performance of school district and board of cooperative23
160	160	services licensed personnel, including all teachers, principals, and24
161	161	administrators, with the exception of licensed personnel employed by a25
162	162	board of cooperative services for a period of six weeks or less. In26
163	163	developing the licensed personnel performance evaluation system and any27
164	164	SB22-044
165	165	-5- SUBSEQUENT amendments, thereto, the local board and board of1
166	166	cooperative services shall comply with the provisions of subsection (1.5)2
167	167	of this section and shall consult with administrators, principals, and3
168	168	teachers employed within the district or participating districts in a board4
169	169	of cooperative services, parents, and the school district licensed personnel5
170	170	performance evaluation council or the board of cooperative services6
171	171	personnel performance evaluation council created pursuant to section7
172	172	22-9-107. The performance evaluation system shall MUST address all of8
173	173	the performance QUALITY standards established by rule of the state board9
174	174	and adopted by the general assembly pursuant to section 22-9-105.5, and10
175	175	shall PURSUANT TO SECTIONS 22-9-104 (3) AND 22-9-105.5, AND MUST11
176	176	contain, but need not be limited to, the following information:12
177	177	(e) (II) The standards set by the local board for effective13
178	178	performance for licensed personnel and the criteria to be used to14
179	179	determine whether the performance of each licensed person meets such15
180	180	standards and other criteria for evaluation for each licensed personnel16
181	181	position evaluated. One of the standards for measuring teacher17
182	182	effectiveness shall MUST be directly related to classroom instruction and:18
183	183	shall FOR SCHOOL YEARS THAT COMMENCE BEFORE JULY 1, 2022, MUST19
184	184	require that at least fifty percent of the evaluation is determined by the20
185	185	academic growth of the teacher's students;
186	186	AND, FOR SCHOOL YEARS THAT21
187	187	COMMENCE ON OR AFTER JULY 1, 2022, MUST NOT CONSTITUTE A SPECIFIC22
188	188	PERCENTAGE OF THE EVALUATION OF A TEACHER 'S PERFORMANCE, BUT23
189	189	MAY BE CONSIDERED, WITH THE QUALITY STANDARDS, AS ONLY A PART OF24
190	190	A COMPREHENSIVE EVALUATION OF A TEACHER 'S PERFORMANCE. The25
191	191	district accountability committee shall provide input and26
192	192	recommendations concerning the assessment tools used to measure27
193	193	SB22-044
194	194	-6- student academic growth as it relates to teacher evaluations. The1
195	195	standards shall include multiple measures of student performance in2
196	196	conjunction with student growth expectations. I
197	197	N CONSIDERING STUDENT3
198	198	ACADEMIC GROWTH , A SCHOOL DISTRICT OR BOARD OF COOPERATIVE4
199	199	SERVICES MAY CONSIDER ACADEMIC GROWTH AS MEASURED BY A5
200	200	COMBINATION OF OBJECTIVE INDICATORS OF ACADEMIC GROWTH THAT6
201	201	ARE IDENTIFIED BEFORE THE BEGINNING OF THE EVALUATION CYCLE ,7
202	202	WHICH MAY INCLUDE STUDENT FORMATIVE AND SUMMATIVE ASSESSMENT8
203	203	SCORES, STUDENT ACADEMIC WORK , AND ACHIEVEMENT OF STUDENT9
204	204	LEARNING OBJECTIVES. For the purposes of measuring effectiveness,10
205	205	expectations of student academic growth shall
206	206	MUST take into11
207	207	consideration diverse factors, including but not limited to special12
208	208	education, student mobility, and classrooms with a student population in13
209	209	which ninety-five percent meet the definition of high-risk student as14
210	210	defined in section 22-7-604.5 (1.5). The performance evaluation system15
211	211	shall MUST also ensure that the standards and criteria are available in16
212	212	writing to all licensed personnel and are communicated and discussed by17
213	213	the person being evaluated and the evaluator prior to and during the18
214	214	course of the evaluation. This subparagraph (II) shall take effect at such19
215	215	time as the performance evaluation system based on quality standards20
216	216	established pursuant to this section and the rules promulgated by the state21
217	217	board pursuant to section 22-9-105.5 has completed the initial phase of22
218	218	implementation and has been implemented statewide. The commissioner23
219	219	shall provide notice of such implementation to the revisor of statutes on24
220	220	or before July 1, 2014, and each July 1 thereafter until statewide25
221	221	implementation occurs.26
222	222	(2.5) (c) Notwithstanding any provision of paragraph (e) of27
223	223	SB22-044
224	224	-7- subsection (1) of this section or subsection (7) SUBSECTION (1)(e) OR (7)1
225	225	of this section to the contrary:2
226	226	(I) A local board may use the results of the state assessments3
227	227	administered pursuant to section 22-7-1006.3 in the 2014-15 school year4
228	228	only as baseline data for measuring student academic growth in the5
229	229	2015-16 school year and school years thereafter; and6
230	230	(II) A local board may use the results of state assessments7
231	231	administered pursuant to section 22-7-1006.3 as a measure of student8
232	232	academic growth for evaluations prepared for the school year in which9
233	233	the assessments are administered only if the local board receives the10
234	234	results by the date by which probationary teachers and nonprobationary11
235	235	teachers must receive the written evaluation report as provided in12
236	236	paragraph (c) of subsection (1) SUBSECTION (1)(c) of this section. If a13
237	237	local board does not receive the results of state assessments in time to use14
238	238	them in the written evaluation report prepared for the school year in15
239	239	which the assessments are administered, the local board shall MAY use the16
240	240	results of the state assessments as measures of student academic growth17
241	241	for educator evaluations and professional development ONLY AS A BASIS18
242	242	FOR IDENTIFYING STRATEGIES TO IMPROVE INSTRUCTIONAL PRACTICE19
243	243	INDIVIDUALLY OR COLLECTIVELY FOR TEACHERS AT A PARTICULAR GRADE20
244	244	LEVEL IN A SINGLE SCHOOL OR AT A SINGLE SCHOOL in the school year21
245	245	following the school year in which the assessments are administered. A22
246	246	LOCAL BOARD MAY ALSO USE THE RESULTS OF THE STATE ASSESSMENTS23
247	247	IN IDENTIFYING STUDENT ACADEMIC GROWTH TRENDS OVER TIME . In any
248	248	24
249	249	A year in which a local board does not receive the state assessment results25
250	250	by the deadline for the written evaluation reports, the local board must use26
251	251	alternate measures of student academic growth, including the results of27
252	252	SB22-044
253	253	-8- local assessments if available.1
254	254	(III) T
255	255	HE USE OF STUDENT SCORES ACHIEVED ON STATEWIDE2
256	256	ASSESSMENTS AND DISTRICT ASSESSMENTS MAY BE USED COLLECTIVELY3
257	257	AT A PARTICULAR GRADE LEVEL IN A SINGLE SCHOOL OR FOR ALL OF THE4
258	258	STUDENTS IN A SINGLE SCHOOL SOLELY TO :5
259	259	(A) I
260	260	DENTIFY STRENGTHS AND CHALLENGES IN DELIVERING6
261	261	INSTRUCTION;7
262	262	(B) I
263	263	DENTIFY AND EXPLAIN UNEXPECTED RESULTS OR TRENDS ;8
264	264	(C) I
265	265	DENTIFY AND IMPLEMENT STRATEGIES TO COLLECTIVELY9
266	266	IMPROVE INSTRUCTION AND STUDENT LEARNING AND STUDENT OUTCOMES ;10
267	267	AND11
268	268	(D) A
269	269	SSESS THE SUCCESS OF THE COLLECTIVE STRATEGIES IN12
270	270	IMPROVING STUDENT LEARNING AND STUDENT OUTCOMES AND ADJUST13
271	271	THE STRATEGIES AS NECESSARY.14
272	272	(7) Every principal shall
273	273	MUST be evaluated using multiple fair,15
274	274	transparent, timely, rigorous, and valid methods. The recommendations16
275	275	developed pursuant to this subsection (7) shall require that at least fifty17
276	276	percent of the evaluation is determined by the academic growth of the18
277	277	students enrolled in the principal's school. For principals, the quality19
278	278	standards shall MUST include, but need not be limited to:20
279	279	(a) Achievement and academic growth for those students enrolled21
280	280	in the principal's school, as measured by the Colorado growth model set22
281	281	forth in section 22-11-202;
282	282	EXCEPT THAT, FOR SCHOOL YEARS THAT23
283	283	COMMENCE ON OR AFTER JULY 1, 2022, CONSIDERATION OF STUDENT24
284	284	ACADEMIC GROWTH MEASURES OR OTHER STUDENT PERFORMANCE25
285	285	MEASURES MUST NOT CONSTITUTE A SPECIFIC PERCENTAGE OF THE26
286	286	EVALUATION OF A PRINCIPAL'S PERFORMANCE, BUT MAY BE CONSIDERED,27
287	287	SB22-044
288	288	-9- WITH THE QUALITY STANDARDS , AS ONLY A PART OF A COMPREHENSIVE1
289	289	EVALUATION OF A PRINCIPAL'S PERFORMANCE.2
290	290	SECTION 4. Safety clause. The general assembly hereby finds,3
291	291	determines, and declares that this act is necessary for the immediate4
292	292	preservation of the public peace, health, or safety.5
293	293	SB22-044
294	294	-10-