First Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 23-0266.01 Kristen Forrestal x0532 HOUSE BILL 23-1198 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING A STATEWIDE TEACH ER EXTERNSHIP PROGRAM TO101 PROVIDE KINDERGARTEN THROUGH TWELFTH GRADE TEACHERS102 WORK-BASED LEARNING OPPORTUNITIES IN SPECIFIED103 DISCIPLINES, AND, IN CONNECTION THEREWITH , CREATING A104 TAX CREDIT FOR EMPLOYERS THAT PARTICIPATE IN THE105 EXTERNSHIP PROGRAM .106 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 requires the department of labor and employment HOUSE SPONSORSHIP Titone, SENATE 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 law. Dashes through the words or numbers indicate deletions from existing law. (department) to establish a teacher externship program to allow kindergarten through twelfth grade public school teachers (K-12 teachers) to participate in experiential learning opportunities with employers, outside of the school environment, to gain knowledge and expand their curriculum in the science, technology, engineering, and mathematics disciplines and other disciplines that may be of value to a particular school district. The department is required to work with the department of education to select appropriate employers to participate in the externship program. Employers may be eligible for a tax credit for participation in the externship program. A K-12 teacher who participates in the externship program may receive compensation from the applicable school district or from the employer providing the externship and may apply for professional development credit and graduate school credits as part of the teacher license renewal requirements. The director of the division of employment and training in the department is authorized to seek and accept gifts, grants, and donations for allocation to school districts for compensation for teachers who participate in an externship. The bill requires the department to compile and report data on the externship program on an annual basis. The bill creates a tax credit for employers that participate in the externship program. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 8-83-601, amend2 (15); and add (4.5), (5.5), (10.5), and (12.5) as follows:3 8-83-601. Definitions. As used in this part 6:4 (4.5) "E XTERNSHIP PROGRAM" MEANS THE STATEWIDE TEACHER5 EXTERNSHIP PROGRAM CREATED IN SECTION 8-83-602.5.6 (5.5) "K-12 TEACHER" OR "TEACHER IN A K-12 CLASSROOM"7 MEANS A TEACHER TEACHING IN A PUBLIC SCHOOL IN THE STATE .8 (10.5) "P UBLIC SCHOOL" MEANS A SCHOOL IN THE STATE THAT9 ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH10 TWELFTH GRADE, INCLUDING A TRADITIONAL PUBLIC SCHOOL OF A SCHOOL11 DISTRICT, AS DESCRIBED IN SECTION 22-1-101 (1); A CHARTER SCHOOL, AS12 HB23-1198-2- DEFINED IN SECTION 22-30.5-103 (2); OR AN INSTITUTE CHARTER SCHOOL,1 AS DEFINED IN SECTION 22-30.5-502 (6).2 (12.5) "STEM" MEANS THE COMBINATION OF THE DISCIPLINES OF3 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.4 (15) (a) "Work-based learning" means learning that occurs, in5 whole or in part, in the workplace that provides youth and adults,6 INCLUDING TEACHERS IN K-12 CLASSROOMS, with hands-on, real-world7 experience and training for skills development.8 (b) "Work-based learning" includes activities such as job9 shadowing, internships, externships, pre-apprenticeships, apprenticeships,10 residencies, and incumbent-worker training.11 (c) "W ORK-BASED LEARNING" ALSO INCLUDES EXTERNSHIPS IN12 STEM OR STEM-RELATED FIELDS TAILORED TO PROVIDE K-12 TEACHERS13 WITH KNOWLEDGE TO IMPROVE CLASSROOM CURRICULUM .14 SECTION 2. In Colorado Revised Statutes, add 8-83-602.5 as15 follows:16 8-83-602.5. Teacher externship program - creation - rules.17 (1) (a) O N OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL18 ESTABLISH A TEACHER EXTERNSHIP PROGRAM TO PROVIDE WORK -BASED19 LEARNING OPPORTUNITIES FOR K-12 TEACHERS IN THIS STATE. THE20 PURPOSE OF THE EXTERNSHIP PROGRAM IS FOR K-12 TEACHERS TO21 IMMERSE THEMSELVES IN A STEM OR STEM-RELATED FIELD, OR OTHER22 FIELDS THAT WILL PROVIDE VALUE TO K-12 TEACHERS, IN ORDER IMPROVE23 THEIR CLASSROOM CURRICULUMS IN A STEM OR STEM-RELATED AREA24 AND FOSTER STUDENT INTEREST IN JOBS AND INTERNSHIP OPPORTUNITIES25 THAT STUDENTS MAY NOT BE EXPOSED TO WITHOUT THE KNOWLEDGE26 THEIR K-12 TEACHERS GAIN THROUGH AN EXTERNSHIP PROGRAM .27 HB23-1198 -3- (b) THE DEPARTMENT SHALL ESTABLISH AT LEAST THREE1 EXTERNSHIP PROGRAM MODELS AND DEVELOP CONSISTENCY IN OFFERING2 THE ABILITY FOR K-12 TEACHERS PARTICIPATING IN AN EXTERNSHIP3 PROGRAM TO APPLY FOR GRADUA TE CREDITS THROUGH AN ACCREDITED4 COLLEGE OR UNIVERSITY, CAREER AND TECHNICAL EDUCATION CREDITS ,5 AND PROFESSIONAL DEVELOPMENT CREDITS .6 (2) (a) I N ADMINISTERING THE EXTERNSHIP PROGRAM , THE7 DEPARTMENT SHALL WORK WITH THE DEPARTMENT OF EDUCATION TO8 STRIVE TO CREATE EQUAL OPPORTUNITIES FOR K-12 TEACHERS9 THROUGHOUT THE STATE TO PARTICIPATE IN WORK -BASED LEARNING. THE10 DEPARTMENT MAY USE WORK -BASED LEARNING INTERMEDIARIES11 SELECTED PURSUANT TO SECTION 8-83-602 (3) TO AID IN CREATING AND12 FINDING WORK-BASED LEARNING OPPORTUNITIES FOR K-12 TEACHERS.13 (b) T HE DEPARTMENT SHALL ALSO COLLABORATE WITH THE14 DEPARTMENT OF EDUCATION TO ESTABLISH MINIMUM STANDARDS15 CONCERNING:16 (I) T HE NUMBER OF HOURS REQUIRED IN AN EXTERNSHIP17 OPPORTUNITY;18 (II) Q UALIFICATIONS FOR K-12 TEACHER AND EMPLOYER19 PARTICIPATION IN THE EXTERNSHIP PROGRAM ; AND20 (III) E LIGIBILITY REQUIREMENTS FOR EMPLOYERS TO RECEIVE A21 TAX CREDIT FOR PARTICIPATION IN THE EXTERNSHIP PROGRAM , OR FOR22 SCHOOL DISTRICTS TO RECEIVE DIRECT PAYMENTS .23 (c) T HE DEPARTMENT SHALL WORK WITH THE DEPARTMENT OF24 EDUCATION TO SELECT APPROPRIATE EMPLOYERS FOR PARTICIPATION IN25 THE EXTERNSHIP PROGRAM. THE DEPARTMENT SHALL ENSURE THAT :26 (I) E ACH EMPLOYER SELECTED FOR THE EXTERNSHIP PROGRAM IS27 HB23-1198 -4- ABLE TO PROVIDE EXPERIENCE IN A STEM OR STEM-RELATED FIELD OR1 IN OTHER APPROPRIATE WORKING ENVIRONMENTS AS DETERMINED BY2 EACH SCHOOL DISTRICT THAT HAS A K-12 TEACHER WHO WOULD LIKE TO3 PARTICIPATE IN AN EXTERNSHIP PROGRAM ; AND4 (II) T HE K-12 TEACHERS WHO ARE PLACED WITH EACH EMPLOYER5 HAVE THE OPPORTUNITY TO GAIN KNOWLEDGE THAT CAN BE TRANSFERRED6 TO THE CLASSROOM TO PROVIDE RELEVANT AND CURRENT INFORMATION7 TO STUDENTS IN SUBJECT MATTERS THAT PROVIDE VALUE TO THE K-128 TEACHER'S SCHOOL DISTRICT.9 (3) F OR THE PURPOSE OF PROVIDING INCENTIVES FOR EMPLOYERS10 TO PARTICIPATE IN THE EXTERNSHIP PROGRAM :11 (a) T HE DEPARTMENT MAY ALLOCATE MONEY DIRECTLY TO12 SCHOOL DISTRICTS FOR TEACHER COMPENSATION AND TO WORK -BASED13 INTERMEDIARIES, IF APPLICABLE, TO DEFRAY THE COSTS OF PLACING A14 K-12 TEACHER IN AN EXTERNSHIP WITH AN EMPLOYER ; OR15 (b) F OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY16 1, 2024, BUT BEFORE JANUARY 1, 2029, A PARTICIPATING EMPLOYER MAY17 CLAIM A TAX CREDIT PURSUANT TO SECTION 39-22-549.18 (4) A K-12 TEACHER WHO PARTICIPATES IN THE EXTERNSHIP19 PROGRAM:20 (a) M AY BE COMPENSATED BY THE SCHOOL DISTRICT OR21 EMPLOYER FOR PARTICIPATION IN THE EXTERNSHIP PROGRAM ; AND22 (b) M AY APPLY FOR, AS APPLICABLE:23 (I) P ROFESSIONAL DEVELOPMENT CREDIT AS REQUIRED BY SECTION24 22-60.5-110 FOR LICENSE RENEWAL;25 (II) G RADUATE CREDITS THROUGH AN ACCREDITED COLLEGE OR26 UNIVERSITY; AND27 HB23-1198 -5- (III) CAREER AND TECHNICAL EDUCATION CREDITS .1 (5) (a) T HE DEPARTMENT SHALL GATHER THE FOLLOWING DATA2 REGARDING THE EXTERNSHIP PROGRAM :3 (I) T HE NUMBER OF EMPLOYER PARTICIPANTS ;4 (II) T HE NUMBER OF K-12 TEACHER PARTICIPANTS;5 (III) T HE SCHOOL DISTRICTS WITH K-12 TEACHERS PARTICIPATING6 IN THE EXTERNSHIP PROGRAM; AND7 (IV) A REVIEW FROM EACH K-12 TEACHER WHO PARTICIPATES IN8 THE EXTERNSHIP PROGRAM , INCLUDING INFORMATION ON THE VALUE9 FOUND IN THE EXTERNSHIP PROGRAM .10 (b) T HE DEPARTMENT SHALL REPORT THIS DATA ON ITS WEBSITE11 AT LEAST ANNUALLY AND SHALL SHARE THE INFORMATION WITH THE12 STATE BOARD OF EDUCATION.13 (6) T HE DIRECTOR MAY SEEK AND ACCEPT GIFTS , GRANTS, AND14 DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF15 PROVIDING COMPENSATION TO TEACHERS WHO PARTICIPATE IN THE16 EXTERNSHIP PROGRAM.17 (7) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY18 PROMULGATE RULES TO IMPLEMENT THIS SECTION .19 SECTION 3. In Colorado Revised Statutes, 22-60.5-110, amend20 (3)(b) introductory portion as follows:21 22-60.5-110. Renewal of licenses. (3) (b) A professional licensee22 shall complete such THE ongoing professional development within the23 period of time for which such THE professional license is valid. Such THE24 professional development may include but need not be limited to25 in-service education programs, including training in preventing,26 identifying, and responding to child sexual abuse and assault; behavioral27 HB23-1198 -6- health training that is culturally responsive and trauma- and1 evidence-informed; and laws and practices relating to the education of2 students with disabilities in the classroom, including but not limited to3 child find and inclusive learning environments; college or university4 credit from an accepted institution of higher education or a community,5 technical, or local district college; educational travel that meets the6 requirements specified in subsection (3)(d) of this section; involvement7 in school reform; service as a mentor teacher for teacher candidates8 participating in clinical practice, as defined in section 23-78-103;9 internships; and ongoing professional development training and10 experiences; AND TEACHER EXTERNSHIPS PURSUANT TO SECTION11 8-83-602.5. The state board of education, by rule, may establish minimum12 criteria for professional development; except that such THE criteria shall13 not:14 SECTION 4. In Colorado Revised Statutes, add 39-22-549 as15 follows:16 39-22-549. Tax credit for employers that participate in the17 teacher externship program - definitions - repeal. (1) (a) I N18 ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL19 THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE20 PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE21 DECLARATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE22 GENERAL LEGISLATIVE PURPOSE OF THIS TAX EXPENDITURE IS TO23 ENCOURAGE EMPLOYERS TO PLACE K-12 TEACHERS IN EXTERNSHIP24 PROGRAMS PURSUANT TO SECTION 8-83-602.5 AND TO PROVIDE25 REIMBURSEMENT TO EMPLOYERS FOR THE COSTS INCURRED BY THE26 EMPLOYER FOR PLACING EACH K-12 TEACHER IN THE EMPLOYER 'S27 HB23-1198 -7- WORKPLACE.1 (b) T HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL2 MEASURE THE EFFECTIVENESS OF THE TAX CREDIT IN ACHIEVING THE3 PURPOSE SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE4 NUMBER OF TAX CREDITS THAT ARE CLAIMED .5 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6 REQUIRES:7 (a) (I) "C OSTS" MEANS ANY ACTUAL OUT-OF-POCKET EXPENSES8 INCURRED AND PAID BY AN EMPLOYER , DOCUMENTED BY RECEIPT, FOR9 PLACING AND RETAINING A K-12 TEACHER IN AN EXTERNSHIP PROGRAM IN10 THE EMPLOYER'S WORKPLACE. 11 (II) "C OSTS" DOES NOT INCLUDE ANY STIPEND OR OTHER12 COMPENSATION PAID TO A K-12 TEACHER PARTICIPATING IN AN13 EXTERNSHIP PROGRAM IN THE EMPLOYER 'S WORKPLACE.14 (b) "E MPLOYER" MEANS A PERSON WHO PLACES A K-12 TEACHER15 IN AN EXTERNSHIP PROGRAM.16 (c) "E XTERNSHIP PROGRAM" MEANS THE STATEWIDE TEACHER17 EXTERNSHIP PROGRAM CREATED IN SECTION 8-83-602.5.18 (d) "K-12 TEACHER" MEANS A TEACHER TEACHING IN A PUBLIC19 SCHOOL IN THE STATE.20 (e) "P UBLIC SCHOOL" MEANS A SCHOOL IN THE STATE THAT21 ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH22 TWELFTH GRADE, INCLUDING A TRADITIONAL PUBLIC SCHOOL OF A SCHOOL23 DISTRICT, AS DESCRIBED IN SECTION 22-1-101 (1); A CHARTER SCHOOL, AS24 DEFINED IN SECTION 22-30.5-103 (2); OR AN INSTITUTE CHARTER SCHOOL,25 AS DEFINED IN SECTION 22-30.5-502 (6).26 (3) (a) F OR INCOME TAX YEARS COMMENCING ON OR AFTER27 HB23-1198 -8- JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2029, AN EMPLOYER IS1 ALLOWED A CREDIT AGAINST THE INCOME TAXES IMPOSED BY THIS2 ARTICLE 22 IN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE3 EMPLOYER'S COSTS INCURRED IN PLACING A K-12 TEACHER IN AN4 EXTERNSHIP PROGRAM.5 (b) A N EMPLOYER MAY CLAIM A TAX CREDIT PURSUANT TO THIS6 SECTION FOR COSTS INCURRED DURING A PERIOD OF NOT MORE THAN7 EIGHT WEEKS.8 (4) I F THE AMOUNT OF A CREDIT UNDER THIS SECTION EXCEEDS AN9 EMPLOYER'S ACTUAL TAX LIABILITY FOR A TAX YEAR, THE AMOUNT OF THE10 CREDIT NOT USED TO OFFSET INCOME TAX LIABILITY FOR THE TAX YEAR IS11 NOT REFUNDED TO THE EMPLOYER . THE EMPLOYER MAY CARRY FORWARD12 AND APPLY THE UNUSED CREDIT AGAINST THE INCOME TAX DUE IN EACH13 OF THE FIVE SUCCEEDING TAX YEARS, BUT THE EMPLOYER SHALL APPLY14 THE CREDIT AGAINST INCOME TAX DUE FOR THE EARLIEST TAX YEAR15 POSSIBLE. ANY AMOUNT OF THE TAX CREDIT THAT IS NOT USED AFTER THIS16 PERIOD IS NOT REFUNDABLE.17 (5) U PON THE REQUEST OF THE DEPARTMENT OF REVENUE , AN18 EMPLOYER SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION19 THAT THE EMPLOYER PLACED A K-12 TEACHER IN AN EXTERNSHIP20 PROGRAM, INCLUDING RECEIPTS FOR EXPENSES INCURRED REGARDING THE21 TEACHER PLACEMENT IN THE EMPLOYER 'S WORKPLACE. IF THE EMPLOYER22 CANNOT PROVIDE THE DOCUMENTATION , THE EMPLOYER IS INELIGIBLE FOR23 THE CREDIT UNDER THIS SECTION.24 (6) T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2034.25 SECTION 5. Act subject to petition - effective date. This act26 takes effect at 12:01 a.m. on the day following the expiration of the27 HB23-1198 -9- ninety-day period after final adjournment of the general assembly; except1 that, if a referendum petition is filed pursuant to section 1 (3) of article V2 of the state constitution against this act or an item, section, or part of this3 act within such period, then the act, item, section, or part will not take4 effect unless approved by the people at the general election to be held in5 November 2024 and, in such case, will take effect on the date of the6 official declaration of the vote thereon by the governor.7 HB23-1198 -10-