Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0247.01 Julie Pelegrin x2700 SENATE BILL 22-070 Senate Committees House Committees Education A BILL FOR AN ACT C ONCERNING LICENSED PERSONN EL PERFORMANCE EVALUATIONS IN101 PUBLIC SCHOOLS.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 specifies the duties of the department of education (department) related to licensed personnel performance evaluation systems, including the following duties, which the department must comply with by the beginning of the 2023-24 school year: ! Creating a modified rubric for evaluating personnel who are consistently rated highly effective; SENATE SPONSORSHIP Bridges, HOUSE SPONSORSHIP (None), 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. ! Creating specialized rubrics for particular teacher or principal roles; ! Providing free evaluator training for school districts and boards of cooperative services (BOCES); ! Providing guidelines for incorporating a licensed person's professional growth achievements into the evaluation; and ! Providing best practices in methods of conducting evaluations. The bill directs the state board of education (state board) to adopt rules as necessary to ensure that, beginning with evaluations completed in the 2023-24 school year: ! 30% of a teacher's or principal's evaluation is based on the academic growth of students, and the remainder is based on the teacher's or principal's attainment of quality standards; ! Up to 10% of a licensed person's evaluation may be based on collective measures for a particular grade level or for an entire school, but the evaluation must not include collective measures for students who are not enrolled in the school at which the licensed person is employed; and ! If a licensed person has been employed by a school district or BOCES for one year or less, the person's evaluation must not include collective measures and must not be based on statewide assessment scores. The bill encourages school districts and BOCES to experiment with innovative methods of conducting observations to use in licensed personnel evaluations. Under the bill, a school district or BOCES must complete the licensed personnel evaluations within the school year for which the person is evaluated and report the performance ratings, in aggregate, to the department by June 30 of each school year. The bill encourages school districts and BOCES to train multiple persons to serve as evaluators so that a licensed person may request an alternative evaluator. For performance evaluations completed for the 2021-22 and 2022-23 school years, the bill prohibits the use of measures of student academic growth derived from the Colorado growth model and measures of student academic growth or performance based on a school district's, board of cooperative service's, or school's performance plan type. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 22-9-103, amend the2 introductory portion and (1.5) as follows:3 22-9-103. Definitions. As used in this article ARTICLE 9, unless4 SB22-070-2- the context otherwise requires:1 (1.5) "Licensed personnel" OR "LICENSED PERSON" means any 2 persons A PERSON WHO IS employed to instruct students, TO PROVIDE3 PROFESSIONAL SERVICES TO STUDENTS IN DIRECT SUPPORT OF THE4 EDUCATION INSTRUCTIONAL PROGRAM , or to administer, direct, or5 supervise the instructional program in a school in the state AND who hold 6 HOLDS a valid license or authorization pursuant to the provisions of article7 60.5 of this title TITLE 22.8 SECTION 2. In Colorado Revised Statutes, amend 22-9-104 as9 follows:10 22-9-104. State model licensed personnel performance11 evaluation system - department - state board - powers and duties -12 rules. (1) The state board shall promulgate guidelines relating to the13 planning, development, implementation, and assessment of a STATE14 MODEL licensed personnel performance evaluation system that may be15 followed ADOPTED by each school district and board of cooperative16 services within the state. In promulgating said guidelines, the state board17 shall allow each school district and board of cooperative services to18 involve and consult with the licensed personnel and citizens of the school19 district or districts. Each school district and board of cooperative services20 shall have HAS the flexibility needed to develop a system of personnel21 performance evaluation that is specifically designed to meet the22 individual needs of that school district and OR board of cooperative23 services.24 (1.5) T O ASSIST SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE25 SERVICES IN IMPLEMENTING THE STATE MODEL LICENSED PERSONNEL26 PERFORMANCE EVALUATION SYSTEM AND IN DEVELOPING AND27 SB22-070 -3- IMPLEMENTING LOCAL SYSTEMS OF PERSONNEL PERFORMANCE1 EVALUATION, BY THE BEGINNING OF THE 2023-24 SCHOOL YEAR, THE2 DEPARTMENT SHALL:3 (a) C REATE A MODIFIED RUBRIC SPECIFICALLY FOR MEASURING4 THE PERFORMANCE OF A LICENSED PERSON WHO HAS RECEIVED A RATING5 OF HIGHLY EFFECTIVE FOR AT LEAST THREE CONSECUTIVE SCHOOL YEARS6 AND PROVIDE GUIDELINES FOR FOCUSING ON PROFESSIONAL GROWTH AND7 CAREER DEVELOPMENT IN EVALUATING LICENSED PERSONNEL WHO ARE8 CONSISTENTLY RATED HIGHLY EFFECTIVE ;9 (b) W ORK WITH SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE10 SERVICES TO CREATE AND MAKE PUBLICLY AVAILABLE RUBRICS FOR11 MEASURING THE PERFORMANCE OF LICENSED PERSONNEL IN A LIMITED12 NUMBER OF SPECIALIZED TEACHER OR PRINCIPAL ROLES ;13 (c) P ROVIDE EVALUATOR TRAINING AT NO COST TO SCHOOL14 DISTRICTS AND BOARDS OF COOPERATIVE SERVICES TO ENSURE THAT ALL15 EVALUATORS HAVE THE SKILLS NECESSARY TO OBSERVE AND EVALUATE16 LICENSED PERSONNEL WITH FIDELITY TO THE LICENSED PERSONNEL17 PERFORMANCE EVALUATION SYSTEM IMPLEMENTED BY THE EVALUATOR 'S18 SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES ;19 (d) P ROVIDE GUIDELINES FOR CONSIDERING A LICENSED PERSON 'S20 PROFESSIONAL GROWTH ACHIEVEMENTS , SUCH AS ATTAINMENT OF21 NATIONAL BOARD CERTIFICATION OR FULFILLMENT OF DIFFERENTIATED22 PROFESSIONAL ROLES, AS PROOF THAT THE LICENSED PERSON MEETS ONE23 OR MORE OF THE QUALITY ST ANDARDS , IN LIEU OF SOME OR ALL OF THE24 ELEMENTS THAT DEMONSTRATE ATTAINMENT OF THE QUALITY25 STANDARDS; AND26 (e) P ROVIDE INFORMATION CONCERNING BEST PRACTICES IN27 SB22-070 -4- METHODS OF CONDUCTING LICENSED PERS ONNEL EVALUATIONS ,1 INCLUDING INNOVATIVE METHODS FOR OBSERVATION .2 (2) The state board shall:3 (a) Provide training and leadership and give technical assistance4 to school districts and boards of cooperative services in the development5 of a licensed personnel performance evaluation system;6 (b) Work and cooperate with the state's universities and colleges7 that have teacher, principal, or administrator education programs to assure8 ENSURE that principals and administrators having WHO HAVE evaluation9 responsibilities will receive adequate education and training that meets10 the requirements specified in section 22-9-108 and will enable them to11 make thorough, credible, fair, and professional quality evaluations of all12 licensed personnel whom those principals or administrators may be13 responsible for evaluating;14 (c) Pursuant to section 22-9-105.5, work with the council to15 promulgate rules concerning the planning, development, implementation,16 and assessment of a THE STATE MODEL LICENSED PERSONNEL17 PERFORMANCE EVALUATION system to evaluate the effectiveness of18 licensed personnel;19 (d) Repealed.20 (e) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p.21 1532, ยง 17, effective May 21, 2009.)22 (f) (I) On or before September 1, 2011, the state board, Pursuant23 to the "State Administrative Procedure Act", article 4 of title 24, C.R.S.,24 shall promulgate rules with regard to the issues specified in section25 22-9-105.5 (10) using the recommendations from the council. If the26 council fails to make recommendations to the state board by March 1,27 SB22-070 -5- 2011, with regard to one or more of the issues specified in section1 22-9-105.5 (10), the state board, on or before September 1, 2011, shall2 promulgate rules concerning any issues in section 22-9-105.5 (10) that the3 council did not address. In promulgating rules pursuant to this paragraph4 (f), the state board shall conform to the timeline set forth in section5 22-9-105.5 SECTION 22-9-105.5 (3)(a) TO (3)(h).6 (II) On or before February 15, 2012, the general assembly shall7 review the rules promulgated pursuant to subparagraph (I) of this8 paragraph (f), in a bill that is separate from the annual rule review bill9 introduced pursuant to section 24-4-103 (8)(d), C.R.S., and in accordance10 with the criteria and procedures specified in section 24-4-103 (8)(a) and11 (8)(d), C.R.S.; except that the general assembly reserves the right to12 repeal individual rules in the rules promulgated by the state board. If one13 or more rules are not approved by the general assembly pursuant to this14 subparagraph (II), the state board shall promulgate emergency rules15 pursuant to section 24-4-103 (6), C.R.S., on such issue or issues and16 resubmit to the general assembly on or before May 1, 2012. The general17 assembly shall review the emergency rules promulgated according to the18 process outlined in this subparagraph (II).19 (3) F OR EVALUATIONS COMPLETED FOR THE 2023-24 SCHOOL YEAR20 AND EACH SCHOOL YEAR THEREAFTER , THE STATE BOARD SHALL21 PROMULGATE RULES AS NECESSARY TO ENSURE THAT , UNDER THE STATE22 MODEL LICENSED PERSONNEL PERFORMANCE EVALUATION SYSTEM AND A23 LOCAL SYSTEM OF PERSONNEL PERFORMANCE EVALUATION :24 (a) T HIRTY PERCENT OF A TEACHER'S OR PRINCIPAL'S EVALUATION25 IS DETERMINED BY THE ACADEMIC GROWTH OF THE TEACHER 'S STUDENTS26 OR THE STUDENTS ENROLLED IN THE PRINCIPAL'S SCHOOL, AS APPLICABLE,27 SB22-070 -6- AND THE REMAINDER IS BASED ON THE TEACHER 'S OR PRINCIPAL'S1 ATTAINMENT OF THE QUALITY STANDARDS ;2 (b) E XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3)(c) OF3 THIS SECTION, UP TO TEN PERCENT OF A LICENSED PERSON'S EVALUATION4 MAY BE BASED ON COLLECTIVE MEASURES THAT ARE BASED ON THE5 PERFORMANCE OF ALL STUDENTS ENROLLED AT A PARTICULAR GRADE6 LEVEL WITHIN THE SCHOOL IN WHICH THE LICENSED PERSON IS EMPLOYED7 OR THE PERFORMANCE OF ALL STUDENTS ENROLLED IN THE SCHOOL IN8 WHICH THE LICENSED PERSON IS EMPLOYED , BUT A LICENSED PERSON'S9 EVALUATION MUST NOT INCLUDE COLLECTIVE MEASURES THAT ARE BASED10 ON THE PERFORMANCE OF STUDENTS WHO ARE NOT ENROLLED IN THE11 SCHOOL IN WHICH THE LICENSED PERSON IS EMPLOYED ; AND12 (c) T HE EVALUATION OF A LICENSED PERSON WHO HAS BEEN13 EMPLOYED BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES14 FOR ONE SCHOOL YEAR OR LESS MUST NOT INCLUDE COLLECTIVE15 MEASURES AND MUST NOT BE BASED ON STUDENT SCORES ON STATEWIDE16 ASSESSMENTS.17 SECTION 3. In Colorado Revised Statutes, 22-9-106, amend (1)18 introductory portion, (1)(c) introductory portion, (1)(c)(II), (1)(d)19 introductory portion, (1)(d)(V)(B), (1)(e)(II), (1)(f), (1.5)(a), (2.5)(b)(I),20 (3), (4), (7) introductory portion, and (9); repeal (3.5)(b)(III); and add21 (1)(e)(III) and (1)(e)(IV) as follows:22 22-9-106. Local boards of education - duties - performance23 evaluation system - compliance - rules - repeal. (1) All school districts24 and boards of cooperative services that employ licensed personnel as 25 defined in section 22-9-103 (1.5), shall adopt a written system to evaluate26 the employment performance of school district and board of cooperative27 SB22-070 -7- services licensed personnel, including all teachers, principals, and1 administrators, with the exception of licensed personnel employed by a2 board of cooperative services for a period of six weeks or less. In3 developing the licensed personnel performance evaluation system and any4 amendments thereto, the local board and board of cooperative services5 shall comply with the provisions of subsection (1.5) of this section and6 shall consult with administrators, principals, and teachers employed7 within the district or participating districts in a board of cooperative8 services, parents, and the school district licensed personnel performance9 evaluation council or the board of cooperative services personnel10 performance evaluation council created pursuant to section 22-9-107. The11 performance evaluation system shall MUST address all of the performance12 standards established by rule of the state board and adopted by the general13 assembly pursuant to section 22-9-105.5, and shall MUST contain, but14 need not be limited to, the following information:15 (c) The frequency and duration of the evaluations, which shall16 MUST be on a regular basis and of such frequency and duration as to17 ensure the collection of a sufficient amount of data from which reliable18 conclusions and findings may be drawn. At a minimum, the performance19 evaluation system shall MUST ensure that:20 (II) Nonprobationary teachers receive at least one observation21 each ACADEMIC year and one evaluation that results in a written22 evaluation report pursuant to subsection (3) of this section every three 23 years; except that, beginning with the 2012-13 academic year,24 nonprobationary teachers shall receive a written evaluation report25 pursuant to subsection (3) of this section each academic year according26 to the performance standards established by rule of the state board and27 SB22-070 -8- adopted by the general assembly pursuant to section 22-9-105.5.1 Nonprobationary teachers shall MUST receive the written evaluation report2 at least two weeks before the last class day of the school year.3 (d) The purposes of the evaluation, which shall MUST include but4 need not be limited to:5 (V) (B) Measuring the level of effectiveness of all licensed6 personnel within the school district. This sub-subparagraph (B) shall take7 effect at such time as the performance evaluation system based on quality8 standards established pursuant to this section and the rules promulgated9 by the state board pursuant to section 22-9-105.5 has completed the initial10 phase of implementation and has been implemented statewide. The11 commissioner shall provide notice of such implementation to the revisor12 of statutes on or before July 1, 2014, and each July 1 thereafter until13 statewide implementation occurs.14 (e) (II) The standards set by the local board for effective15 performance for licensed personnel and the criteria to be used to16 determine whether the performance of each licensed person meets such17 THE standards and other criteria for evaluation for each licensed personnel18 position evaluated. One of the standards for measuring teacher19 effectiveness shall MUST be directly related to classroom instruction and20 shall MUST require that at least fifty THIRTY percent of the evaluation is21 determined by the academic growth of the teacher's students. T HE22 REMAINDER OF THE EVALUATION MUST BE BASED ON ATTAINMENT OF THE23 QUALITY STANDARDS. The district accountability committee shall provide24 input and recommendations concerning the assessment tools used to25 measure student academic growth as it relates to teacher evaluations. The26 standards shall MUST include multiple measures of student performance27 SB22-070 -9- in conjunction with student growth expectations. For the purposes of1 measuring effectiveness, expectations of student academic growth shall2 MUST take into consideration diverse factors, including but not limited to3 special education, student mobility, and classrooms with a student4 population in which ninety-five percent meet the definition of high-risk5 student as defined in section 22-7-604.5 (1.5). The performance6 evaluation system shall MUST also ensure that the standards and criteria7 are available in writing to all licensed personnel and are communicated8 and discussed by the person being evaluated and the evaluator prior to9 and during the course of the evaluation. This subparagraph (II) shall take10 effect at such time as the performance evaluation system based on quality11 standards established pursuant to this section and the rules promulgated12 by the state board pursuant to section 22-9-105.5 has completed the initial13 phase of implementation and has been implemented statewide. The14 commissioner shall provide notice of such implementation to the revisor15 of statutes on or before July 1, 2014, and each July 1 thereafter until16 statewide implementation occurs.17 (III) E XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(e)(IV)18 OF THIS SECTION, FOR PERFORMANCE EVALUATIONS COMPLETED FOR THE19 2023-24 SCHOOL YEAR AND SCHOOL YEARS THEREAFTER , UP TO TEN20 PERCENT OF A LICENSED PERSON 'S EVALUATION MAY BE BASED ON21 COLLECTIVE MEASURES THAT ARE BASED ON THE PERFORMANCE OF ALL22 STUDENTS ENROLLED AT A PARTICULAR GRADE LEVEL WITHIN THE SCHOOL23 IN WHICH THE LICENSED PERSON IS EMPLOYED OR THE PERFORMANCE OF24 ALL STUDENTS ENROLLED IN THE SCHOOL IN WHICH THE LICENSED PERSON25 IS EMPLOYED, BUT A LICENSED PERSON'S EVALUATION MUST NOT INCLUDE26 COLLECTIVE MEASURES THAT ARE BASED ON THE PERFORMANCE OF27 SB22-070 -10- STUDENTS WHO ARE NOT ENROLLED IN THE SCHOOL IN WHICH THE1 LICENSED PERSON IS EMPLOYED.2 (IV) F OR PERFORMANCE EVALUATIONS COMPLETED FOR THE3 2023-24 SCHOOL YEAR AND SCHOOL YEARS THEREAFTER , THE4 EVALUATION OF A LICENSED PERSON WHO HAS BEEN EMPLOYED BY A5 SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES FOR ONE SCHOOL6 YEAR OR LESS MUST NOT INCLUDE COLLECTIVE MEASURES AND MUST NOT7 BE BASED ON STUDENT SCORES ON STATEWIDE ASSESSMENTS .8 (f) The methods of evaluation, which shall MUST include, but shall9 not be ARE NOT limited to, direct observations by the evaluator and a10 process of systematic data-gathering. S CHOOL DISTRICTS AND BOARDS OF11 COOPERATIVE SERVICES ARE ENCOURAGED TO EXPERIMENT , WITH THE12 AGREEMENT OF THEIR LICENSED PERSONNEL , WITH INNOVATIVE METHODS13 OF OBSERVATION, WHICH MAY INCLUDE OBSERVATIONS BY MENTORS OR14 TEACHING COACHES, PEERS, DEPARTMENT LEADERS , AND VIDEO OR15 DIGITAL RECORDING.16 (1.5) (a) A local board or board of cooperative services may adopt17 the state model LICENSED PERSONNEL performance evaluation system18 established by the rules promulgated by the state board pursuant to19 section 22-9-105.5 or may develop its own local licensed personnel20 evaluation system that complies with the requirements established21 pursuant to this section and the rules promulgated by the state board. If22 a school district or board of cooperative services develops its own local23 licensed personnel evaluation system, the local board or board of24 cooperative services or any interested party may submit to the department,25 or the department may solicit and collect, data related to said personnel26 evaluation system for review by the department.27 SB22-070 -11- (2.5) (b) (I) The council shall actively participate with the local1 board in developing written standards for evaluation that clearly specify2 performance standards and the quality standards and the criteria to be3 used to determine whether the performance of each licensed person meets4 such standards pursuant to paragraph (e) of subsection (1) SUBSECTION5 (1)(e) of this section. Except as provided in subparagraph (II) of this6 paragraph (b), this paragraph (b) takes effect at such time as the7 performance evaluation system based on quality standards established8 pursuant to this section and the rules promulgated by the state board9 pursuant to section 22-9-105.5 has completed the initial phase of10 implementation and has been implemented statewide. The commissioner11 shall provide notice of such implementation to the revisor of statutes on12 or before July 1, 2014, and each July 1 thereafter until statewide13 implementation occurs.14 (3) (a) An evaluation report shall be issued upon the completion15 of an evaluation made pursuant to this section and shall MUST:16 (a) (I) Be in writing;17 (b) (II) Contain a written improvement plan that shall be IS18 specific as to what improvements, if any, are needed in the performance19 of the licensed personnel and shall clearly set CLEARLY SETS forth20 recommendations for improvements, including recommendations for21 additional education and training during the teacher's or the principal's22 LICENSED PERSON'S license renewal process;23 (c) (III) Be specific as to the strengths and weaknesses in the24 performance of the individual being evaluated;25 (d) (IV) Specifically identify when a direct observation was made;26 (e) (V) Identify data sources;27 SB22-070 -12- (f) (VI) Be discussed and be signed by the evaluator and the1 person being evaluated, each to receive a copy of the report. The2 signature on the report of any person shall not be construed to DOES NOT3 indicate agreement with the information contained in the report. If the4 person being evaluated disagrees with any of the conclusions or5 recommendations made in the evaluation report, the person may attach6 any written explanation or other relevant documentation that the person7 deems necessary.8 (g) (VII) Be reviewed by a supervisor of the evaluator, whose9 signature shall MUST also appear on said report.10 (b) A SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES11 SHALL COMPLETE THE WRI TTEN EVALUATIONS FOR ALL LICENSED12 PERSONNEL EMPLOYED BY THE SCHOOL DISTRICT OR BOARD OF13 COOPERATIVE SERVICES AND SHALL REPORT , IN AGGREGATE, THE FINAL14 PERFORMANCE RATINGS TO THE DEPARTMENT NO LATER THAN JUNE 30 OF15 THE SCHOOL YEAR FOR WHICH THE EVALUATIONS ARE COMPLETED .16 (3.5) (b) (III) This paragraph (b) shall take effect at such time as 17 the performance evaluation system based on quality standards established18 pursuant to this section and the rules promulgated by the state board19 pursuant to section 22-9-105.5 has completed the initial phase of20 implementation and has been implemented statewide. The commissioner21 shall provide notice of such implementation to the revisor of statutes on22 or before July 1, 2014, and each July 1 thereafter until statewide23 implementation occurs.24 (4) (a) Except as provided in paragraph (b) of this subsection (4),25 no person shall SUBSECTION (4)(b) OF THIS SECTION, A PERSON SHALL NOT26 be responsible for the evaluation of licensed personnel unless the person27 SB22-070 -13- has a principal or administrator license issued pursuant to article 60.5 of1 this title TITLE 22, or is a designee of a person with a principal or2 administrator license, and has received education and training in3 evaluation skills PROVIDED OR approved by the department of education 4 that will enable him or her THE PERSON to make fair, professional, and5 credible evaluations of the personnel whom he or she THE PERSON is6 responsible for evaluating. No person shall PURSUANT TO SECTION7 22-9-104 (1.5), THE DEPARTMENT SHALL MAKE AVAILABLE AT NO COST TO8 EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE SERVICES TRAINING9 FOR PERSONS WHO ARE RESPONSIBLE FOR EVALUATING LICENSED10 PERSONNEL. A PERSON SHALL NOT be issued a principal or administrator11 license or have a principal or administrator license renewed unless the12 state board determines that such THE person has received education and13 training PROVIDED OR approved by the department. of education. 14 (b) A local board of education shall have the authority IS15 AUTHORIZED to evaluate the performance of the superintendent of the16 school district. The responsibility for conducting the performance17 evaluation of the superintendent shall rest RESTS exclusively with the18 local board of education.19 (c) E ACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE SERVICES20 IS ENCOURAGED TO PROVIDE TRAINING TO MULTIPLE PERSONS TO SERVE21 AS EVALUATORS TO ENABLE A LICENSED PERSON BEING EVALUATED TO22 REQUEST AN ALTERNATIVE EVALUATOR .23 (7) Every principal shall MUST be evaluated using multiple fair,24 transparent, timely, rigorous, and valid methods. The recommendations25 developed pursuant to this subsection (7) shall MUST require that at least26 fifty THIRTY percent of the evaluation is determined by the academic27 SB22-070 -14- growth of the students enrolled in the principal's school, AND THE1 REMAINDER OF THE EVALUATION IS BASED ON THE PRINCIPAL 'S2 ATTAINMENT OF THE QUALITY STANDARDS . For principals, the quality3 standards shall MUST include, but need not be limited to:4 (9) (a) Notwithstanding any provision of this article 9 or any5 provision of state board rule that implements this article 9 to the contrary:6 (I) For the 2020-21 school year, evaluation ratings for licensed7 personnel must not include consideration of student academic growth8 measures or other student performance measures; AND9 (II) F OR THE 2021-22 AND 2022-23 SCHOOL YEARS, EVALUATION10 RATINGS FOR LICENSED PERSONNEL MUST NOT INCLUDE MEASURES OF11 STUDENT ACADEMIC GROWTH DERIVED FROM THE COLORADO GROWTH12 MODEL CREATED PURSUANT TO SECTION 22-11-202 OR CONSIDERATION OF13 STUDENT ACADEMIC GROWTH OR PERFORMANCE BASED ON THE14 PERFORMANCE PLAN TYPE IMPLEMENTED BY A SCHOOL DISTRICT OR A15 BOARD OF COOPERATIVE SERVICES PURSUANT TO SECTION 22-11-208 OR16 BY A SCHOOL PURSUANT TO SECTION 22-11-210.17 (b) This subsection (9) is repealed, effective July 1, 2022 JULY 1,18 2024.19 SECTION 4. Safety clause. The general assembly hereby finds,20 determines, and declares that this act is necessary for the immediate21 preservation of the public peace, health, or safety.22 SB22-070 -15-