Colorado 2024 Regular Session

Colorado House Bill HB1363 Compare Versions

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

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0512.05 Jacob Baus x2173
8	8	HOUSE BILL 24-1363
9	9	House Committees Senate Committees
10	10	Education
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING MEASURES TO ADDRESS CHARTER SCHOOL101
14	14	ACCOUNTABILITY.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 requires, when appointing members to a charter school's
23	23	governing body, that the appointing authority make reasonable efforts to
24	24	ensure that at least one-third of the board is comprised of parents or legal
25	25	guardians of students who are enrolled in the charter school and people
26	26	who reflect the demographics of the community where the charter school
27	27	is located.
28	28	HOUSE SPONSORSHIP
29	29	Garcia and Story,
30	30	SENATE SPONSORSHIP
31	31	Cutter,
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 law.
34	34	Dashes through the words or numbers indicate deletions from existing law. The bill prohibits:
35	35	! Automatic waivers from being included in charter contracts
36	36	executed or renewed on or after July 1, 2024; and
37	37	! A charter contract from waiving educator personnel
38	38	performance evaluation system requirements.
39	39	Under current law, a charter school is not required to pay rent for
40	40	school district facilities that are available, and an independent charter
41	41	school is not required to pay more than $12 in rent per year for a building
42	42	of a public school that is subject to conversion. The bill repeals this
43	43	provision.
44	44	The bill repeals a requirement that a school district prepare, and
45	45	provide upon request, a list of vacant or underused buildings and land to
46	46	the district charter schools, charter school applicants, and other interested
47	47	persons, and repeals the ability of a district charter school or charter
48	48	school applicant to apply to use the district building or land.
49	49	The bill requires information about laws and policies waived by
50	50	the charter school to be provided in plain and easy-to-understand
51	51	language on:
52	52	! A school district's enrollment website portal; and
53	53	! A charter school's website. Failure to satisfy this
54	54	requirement is grounds for revocation or nonrenewal of the
55	55	charter contract.
56	56	The bill requires a charter school to publicly report on its website
57	57	its unredacted federal form 990 and an unredacted copy of any form
58	58	including revenue and expenses related to marketing and student
59	59	recruitment, except for redactions required to protect personal or
60	60	confidential information.
61	61	The bill requires a charter school application or renewal to include:
62	62	! Descriptions of educational services that the applicant will
63	63	provide that meet the unmet needs of the students in the
64	64	community where the charter school is located and, in a
65	65	charter renewal application, information concerning the
66	66	progress and results in satisfying this purpose; and
67	67	! Its annual minimum pupil enrollment requirement. Failure
68	68	to satisfy this requirement is grounds for revocation or
69	69	nonrenewal of the charter contract.
70	70	Under current law, certain local board of education (local board)
71	71	decisions may be appealed to the state board of education (state board).
72	72	The state board may remand a decision to the local board for
73	73	reconsideration. If the local board's decision remains unchanged, that
74	74	decision may be appealed to the state board again. The state board's
75	75	decision is then the final decision. The bill repeals the second remand to
76	76	the state board, so that the local board's final decision ends the appeal
77	77	process.
78	78	The bill creates a process for community members to appeal a
79	79	HB24-1363
80	80	-2- local board's decision to approve a charter application.
81	81	Under current law, a local board is prohibited from imposing a
82	82	moratorium on the approval of district charter schools. The bill creates an
83	83	exception for a school district whose pupil enrollment is less than the
84	84	immediately preceding budget year or is projected to decline over the next
85	85	3 budget years.
86	86	The bill allows a local board to revoke or not renew a district
87	87	charter school charter because of the school district's declining pupil
88	88	enrollment or the district charter school's declining enrollment. The
89	89	charter school may appeal the decision.
90	90	Under current law, a district accountability committee is required
91	91	to review a charter school application. The bill requires a district
92	92	accountability committee to also review a charter school renewal
93	93	application.
94	94	The bill prohibits a charter school governing board member or
95	95	leader from engaging in activity or having any financial interest that
96	96	might result in a conflict of interest between the board member's or
97	97	leader's charter school duties and personal or financial interest.
98	98	Under current law, as a part of a charter school contract, the school
99	99	district and charter school negotiate funding. A school district may retain
100	100	the actual amount of the charter school's per pupil share of central
101	101	administrative overhead costs for services provided to the charter school,
102	102	up to 5% of the district per pupil revenues for each pupil enrolled in a
103	103	charter school. The bill requires the school district to retain the costs,
104	104	including any costs that are otherwise not reimbursed for special
105	105	education services provided to the charter school, and repeals the 5% cap.
106	106	Under current law, the department of education is required to
107	107	submit an annual report to the governor and the house of representatives
108	108	and senate education committees concerning charter schools. The bill
109	109	requires the report to include data concerning attrition rates for charter
110	110	school student enrollment and teacher and administration employment.
111	111	Current law generally requires school districts and boards of
112	112	cooperative services to evaluate the performance of their licensed
113	113	personnel. The bill requires an evaluation of all personnel, including at
114	114	institute charter schools, regardless of whether the person is licensed.
115	115	Be it enacted by the General Assembly of the State of Colorado:1
116	116	SECTION 1. In Colorado Revised Statutes, 22-30.5-103, amend2
117	117	(1.5) introductory portion, (1.5)(b), (1.5)(c), and (4); and add (1.5)(d) as3
118	118	follows:4
119	119	22-30.5-103. Definitions. As used in this part 1, unless the5
120	120	HB24-1363-3- context otherwise requires:1
121	121	(1.5) "Automatic waiver" means the A waiver of a state statute or2
122	122	state board rule:3
123	123	(b) That is available to each charter school, including an institute4
124	124	charter school, and is valid for the initial, or subsequent renewal, term of5
125	125	the charter contract; and6
126	126	(c) For which a charter school, including an institute charter7
127	127	school, is not required to submit a statement that specifies the manner in8
128	128	which the charter school intends to comply with the intent of the9
129	129	automatically waived state statute or state board rule;
130	130	AND10
131	131	(d) I
132	132	S VALID ONLY FOR A CHARTER SCHOOL , INCLUDING AN11
133	133	INSTITUTE CHARTER SCHOOL, WHOSE CURRENT CHARTER CONTRACT WAS12
134	134	EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024.13
135	135	(4) "Local board of education"
136	136	OR "LOCAL BOARD" means the14
137	137	school district board of education.15
138	138	SECTION 2. In Colorado Revised Statutes, 22-30.5-104, amend16
139	139	(6)(a), (6)(b), (6)(c)(VIII), (6)(c)(IX), (7)(c), and (7)(e); repeal (7.5); and17
140	140	add (4)(c), (6)(c)(X), (6)(e), (14), and (15) as follows:18
141	141	22-30.5-104. Charter school - requirements - authority - rules19
142	142	- definitions - repeal. (4) (c) (I) B
143	143	EGINNING JULY 1, 2024, WHEN MAKING20
144	144	APPOINTMENTS TO THE GOVERNING BODY , THE APPOINTING AUTHORITY21
145	145	SHALL MAKE REASONABLE EFFORTS TO APPOINT MEMBERS TO ENSURE22
146	146	THAT AT LEAST ONE-THIRD OF THE GOVERNING BODY IS COMPRISED OF23
147	147	PARENTS OR LEGAL GUARDIANS OF STUDENTS WHO ARE ENROLLED IN THE24
148	148	CHARTER SCHOOL AND THE WHOLE GOVERNING BODY REFLECTS THE25
149	149	DEMOGRAPHICS OF THE COMMUNITY WHERE THE CHARTER SCHOOL IS26
150	150	LOCATED.27
151	151	HB24-1363
152	152	-4- (II) BEGINNING JULY 1, 2024, IF AT LEAST ONE-THIRD OF THE1
153	153	GOVERNING BODY IS NOT COMPRISED OF PARENTS OR LEGAL GUARDIANS2
154	154	OF STUDENTS WHO ARE ENROLLED IN THE CHARTER SCHOOL OR THE3
155	155	WHOLE GOVERNING BODY DOES NOT REFLECT THE DEMOGRAPHICS OF THE4
156	156	COMMUNITY WHERE THE CHARTER SCHOOL IS LOCATED , THE APPOINTING5
157	157	AUTHORITY SHALL SUBMIT A LETTER TO THE LOCAL BOARD THAT6
158	158	EXPLAINS THE REASON.7
159	159	(6) (a) Pursuant to contract, a charter school may operate free8
160	160	from specified school district policies and free from state rules, as9
161	161	provided in paragraph (b) of this subsection (6) SUBSECTION (6)(b) OF10
162	162	THIS SECTION. Pursuant to contract, a local board of education may waive11
163	163	locally imposed school district requirements, without seeking approval of12
164	164	the state board; except that a charter school shall not, by contract or13
165	165	otherwise, operate free of the requirements contained in the "Public14
166	166	School Finance Act of 1994", article 54 of this title TITLE 22; the15
167	167	requirements specified in part 4 of article 11 of this title TITLE 2216
168	168	concerning school accountability committees; or the requirements17
169	169	contained in the "Children's Internet Protection Act", article 87 of this18
170	170	title TITLE 22. FOR CHARTER CONTRACTS THAT ARE EXECUTED OR19
171	171	RENEWED ON OR AFTER JULY 1, 2024, THE CHARTER SCHOOL SHALL NOT ,20
172	172	BY CONTRACT OR OTHERWISE , OPERATE FREE OF THE EDUCATION21
173	173	PERSONNEL PERFORMANCE EVALUATION SYSTEM REQUIREMENTS22
174	174	CONTAINED IN ARTICLE 9 OF THIS TITLE 22.23
175	175	(b) (I) The state board shall promulgate rules that list the24
176	176	automatic waivers
177	177	APPLICABLE ONLY for all
178	178	charter schools WHOSE25
179	179	CURRENT CHARTER CONTRACT WAS EXECUTED OR RENEWED ON OR26
180	180	BEFORE JUNE 30, 2024. In promulgating the list of automatic waivers, the27
181	181	HB24-1363
182	182	-5- state board shall consider the overall impact and complexity of the1
183	183	requirements specified in the statute and the potential consequences that2
184	184	waiving the statute may have on the practices of a charter school. In3
185	185	accordance with its rule-making authority, the state board may review the4
186	186	list of automatic waivers at its discretion. Notwithstanding any provision5
187	187	of this subsection (6)(b) to the contrary, the state board shall not include6
188	188	the following statutes on the list of automatic waivers:7
189	189	(I) (A) Section 22-9-106, concerning the performance evaluation8
190	190	system for licensed EDUCATION personnel;9
191	191	(I.5) (B) Section 22-32-109 (1)(b), concerning procedures for10
192	192	competitive bidding in the purchase of goods and services, except11
193	193	professional services;12
194	194	(II) (C) Section 22-32-109 (1)(n), concerning the annual school13
195	195	calendar and teacher-pupil contact hours;14
196	196	(II.5) (D) Section 22-32-110 (1)(y), concerning the power to15
197	197	accept and expend gifts, donations, or grants; and16
198	198	(III) (E) Part 2 of article 63 of this title 22, concerning the17
199	199	employment of licensed EDUCATION personnel.18
200	200	(II) T
201	201	HIS SUBSECTION (6)(b) IS REPEALED, EFFECTIVE JULY 1, 2024.19
202	202	(c) A school district, on behalf of a charter school, may apply to20
203	203	the state board for a waiver of a state statute or state rule that is not an21
204	204	automatic waiver. Notwithstanding any provision of this subsection (6)22
205	205	to the contrary, the state board may not waive any statute or rule relating23
206	206	to:24
207	207	(VIII) Section 22-33-106.1 concerning suspension and expulsion25
208	208	of students in preschool through second grade; or
209	209	26
210	210	(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)27
211	211	HB24-1363
212	212	-6- and 22-63-206 (1) relating to discrimination based on hair texture, hair1
213	213	type, or a protective hairstyle that is commonly or historically associated2
214	214	with race;
215	215	OR3
216	216	(X) E
217	217	DUCATION PERSONNEL PERFORMANCE EVALUATION SYSTEM4
218	218	REQUIREMENTS CONTAINED IN ARTICLE 9 OF THIS TITLE 22.5
219	219	(e) (I) A
220	220	N AUTOMATIC WAIVER INVOKED BY A CHARTER SCHOOL6
221	221	WHOSE CHARTER CONTRACT WAS EXECUTED OR RENEWED ON OR BEFORE7
222	222	J
223	223	UNE 30, 2024, IS VALID UNTIL THE CHARTER CONTRACT EXPIRES . A8
224	224	CHARTER SCHOOL WHOSE CHARTER CONTRACT WAS EXECUTED OR9
225	225	RENEWED ON OR BEFORE JUNE 30, 2024, IS INELIGIBLE TO INVOKE ANY10
226	226	AUTOMATIC WAIVER UPON A CHARTER SCHOOL RENEWAL APPLICATION11
227	227	SUBMITTED OR CHARTER CONTRACT RENEWAL OCCURRING ON OR AFTER12
228	228	J
229	229	ULY 1, 2024.13
230	230	(II) A
231	231	N AUTOMATIC WAIVER TERM INCLUDED IN A CHARTER14
232	232	CONTRACT EXECUTED OR RENEWED ON OR AFTER JULY 1, 2024, IS NULL15
233	233	AND VOID AS AGAINST PUBLIC POLICY AND IS UNENFORCEABLE . THIS16
234	234	SUBSECTION (6)(e)(II) DOES NOT PROHIBIT A CHARTER SCHOOL FROM17
235	235	OPERATING FREE FROM SPECIFIED STATE STATUTES , STATE BOARD RULES,18
236	236	OR SCHOOL DISTRICT POLICIES, AS PROVIDED PURSUANT TO THIS SECTION.19
237	237	(7) (c) In no event shall a charter school be required to pay rent
238	238	20
239	239	for space which is deemed available, as negotiated by contract, in school21
240	240	district facilities. All other RENT FOR SCHOOL DISTRICT FACILITIES, AND22
241	241	ALL OTHER costs for the operation and maintenance of the facilities used23
242	242	by the charter school, shall be ARE subject to negotiation between the24
243	243	charter school and the school district.25
244	244	(e) Notwithstanding the provisions of paragraphs (b) and (c) of26
245	245	this subsection (7) or the provisions of subsection (7.5) of this section27
246	246	HB24-1363
247	247	-7- SUBSECTIONS (7)(b) AND (7)(c) OF THIS SECTION, a school district that has1
248	248	space in district facilities that is unoccupied may sell the facilities or use2
249	249	the facilities for a different purpose and is not required to maintain3
250	250	ownership of the facilities for potential use by a charter school.4
251	251	(7.5) (a) No later than November 1, 2016, and no later than5
252	252	November 1 each year thereafter, each school district that authorizes a6
253	253	charter school and that has or is expecting to have one or more vacant or7
254	254	underused buildings or vacant or underused land available during the next8
255	255	school year shall prepare a list of the vacant or underused buildings and9
256	256	land and provide the list, upon request, to charter schools authorized by10
257	257	the school district, charter school applicants, and other interested persons.11
258	258	The school district shall also post on its website a notice that the list of12
259	259	underused and vacant buildings and land is available to interested persons13
260	260	upon request. The school district must provide the list within two school14
261	261	days after receiving a request. No later than forty-five days after the15
262	262	school district posts the availability of the list or after receiving the list,16
263	263	whichever is later, a charter school of the school district or charter17
264	264	applicant may apply to the school district to use the building or the school18
265	265	district land as the location for the charter school. The local board of19
266	266	education shall review each application for use and, in a public meeting20
267	267	held no later than ninety days after the school district posts the availability21
268	268	of the list, approve or disapprove each application for use of the building22
269	269	or school district land. If the local board of education disapproves an23
270	270	application for use, it must explain at the public meeting and provide in24
271	271	writing to the applicant the reasons for disapproval.25
272	272	(b) For purposes of this subsection (7.5), a building is considered26
273	273	underused if it has unused capacity to accommodate two hundred fifty27
274	274	HB24-1363
275	275	-8- students or more.1
276	276	(14) (a) B
277	277	EGINNING JULY 1, 2024, A SCHOOL DISTRICT THAT2
278	278	AUTHORIZES A CHARTER SCHOOL SHALL IMPLEMENT A FUNCTION ON ITS3
279	279	ENROLLMENT WEBSITE PORTAL THAT PROVIDES INFORMATION ABOUT THE4
280	280	CHARTER SCHOOL SELECTED BY A PARENT OR LEGAL GUARDIAN AND5
281	281	REQUIRES THE PARENT OR LEGAL GUARDIAN TO CONFIRM6
282	282	ACKNOWLEDGMENT OF RECEIPT OF THE INFORMATION PRIOR TO7
283	283	APPLICATION SUBMISSION AND ENROLLMENT CONFIRMATION IN THE8
284	284	CHARTER SCHOOL. THE INFORMATION PROVIDED ABOUT THE CHARTER9
285	285	SCHOOL MUST INCLUDE AN ITEMIZED LIST OF CITATIONS TO AND10
286	286	DESCRIPTIONS OF:11
287	287	(I) S
288	288	TATE STATUTES AND STATE BOARD RULES WAIVED BY THE12
289	289	CHARTER SCHOOL; AND13
290	290	(II) S
291	291	CHOOL DISTRICT POLICIES FROM WHICH THE CHARTER SC HOOL14
292	292	IS RELEASED.15
293	293	(b) B
294	294	EGINNING JULY 1, 2024, A CHARTER SCHOOL SHALL POST AND16
295	295	MAINTAIN ON ITS WEBSITE AN ITEMIZED LIST OF CITATIONS TO AND17
296	296	DESCRIPTIONS OF:18
297	297	(I) S
298	298	TATE STATUTES AND STATE BOARD RULES WAIVED BY THE19
299	299	CHARTER SCHOOL; AND20
300	300	(II) S
301	301	CHOOL DISTRICT POLICIES FROM WHICH THE CHARTER SC HOOL21
302	302	IS RELEASED.22
303	303	(c) T
304	304	HE INFORMATION PROVIDED IN SUBSECTIONS (14)(a) AND23
305	305	(14)(b)
306	306	OF THIS SECTION MUST BE IN PLAIN AND EASY -TO-UNDERSTAND24
307	307	LANGUAGE.25
308	308	(15) E
309	309	ACH CHARTER SCHOOL THAT IS REQUIRED TO ORGANIZE AS26
310	310	A NONPROFIT CORPORATION PURSUANT TO SUBSECTION (4) OF THIS27
311	311	HB24-1363
312	312	-9- SECTION OR SECTION 22-30.5-507 (4) SHALL POST AN UNREDACTED COPY1
313	313	OF ITS FEDERAL FORM 990, OR AN EQUIVALENT FORM , AND AN2
314	314	UNREDACTED COPY OF ANY FORM INCLUDING REVENUE AND EXPENSES3
315	315	RELATED TO MARKETING AND STUDENT RECRUITMENT ON THE CHARTER4
316	316	SCHOOL'S PUBLIC WEBSITE IN A FREE DOWNLOADABLE FORMAT ; EXCEPT5
317	317	THAT THE CHARTER SCHOOL SHALL REDACT ANY PERSONALLY6
318	318	IDENTIFIABLE OR CONFIDENTIAL INFORMATION THAT IS PROTECTED7
319	319	PURSUANT TO FEDERAL OR STATE LAW .8
320	320	SECTION 3. In Colorado Revised Statutes, 22-30.5-105, amend9
321	321	(3) as follows:10
322	322	22-30.5-105. Charter schools - contract contents - regulations.11
323	323	(3) (a) A FOR A CHARTER SCHOOL WHOSE CHARTER CONTRACT WAS12
324	324	EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024, THE contract13
325	325	between a charter school and the chartering local board of education shall14
326	326	MUST reflect all requests for release of the charter school from state15
327	327	statutes and state board rules that are not automatic waivers and a list of16
328	328	the automatic waivers that the charter school is invoking. Within ten days17
329	329	after the contract is approved by the chartering local board of education,18
330	330	the chartering local board of education shall deliver to the state board any19
331	331	request for waiver of state statutes and state board rules that are not20
332	332	automatic waivers. The chartering local board of education shall request21
333	333	the release by submitting a complete copy of the signed charter contract.22
334	334	Within forty-five days after a request for release is received by the state23
335	335	board, the state board shall either grant or deny the request. If the state24
336	336	board grants the request, it may orally notify the chartering local board of25
337	337	education and the charter school of its decision. If the state board denies26
338	338	the request, it shall MUST notify the chartering local board of education27
339	339	HB24-1363
340	340	-10- and the charter school in writing that the request is denied and specify the1
341	341	reasons for denial. If the chartering local board of education and the2
342	342	charter school do not receive notice of the state board's decision within3
343	343	forty-five days after submittal of the request for release, the request shall4
344	344	be IS deemed granted. If the state board denies a request for release that5
345	345	includes multiple state statutes or state board rules, the denial shall MUST6
346	346	specify the state statutes and state board rules for which the release is7
347	347	denied, and the denial shall apply APPLIES only to those SPECIFIED state8
348	348	statutes and state board rules. so specified.9
349	349	(b) F
350	350	OR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR10
351	351	AFTER JULY 1, 2024, THE CONTRACT BETWEEN A CHARTER SCHOOL AND11
352	352	THE CHARTERING LOCAL BOARD OF EDUCATION MUST REFLECT ALL12
353	353	REQUESTS FOR RELEASE OF THE CHARTER SCHOOL FROM STATE STATUTES13
354	354	AND STATE BOARD RULES . WITHIN TEN DAYS AFTER THE CONTRACT IS14
355	355	APPROVED BY THE CHARTERING LOCAL BOARD OF EDUCATION , THE15
356	356	CHARTERING LOCAL BOARD OF EDUCATION SHALL DELIVER TO THE STATE16
357	357	BOARD ANY REQUEST RECEIVED FOR WAIVER OF STATE STATUTES AND17
358	358	STATE BOARD RULES. THE CHARTERING LOCAL BOARD OF EDUCATION18
359	359	SHALL REQUEST THE RELEASE BY SUBMITTING A COMPLETE COPY OF THE19
360	360	SIGNED CHARTER CONTRACT. WITHIN FORTY-FIVE DAYS AFTER A REQUEST20
361	361	FOR RELEASE IS RECEIVED BY THE STATE BOARD, THE STATE BOARD SHALL21
362	362	EITHER GRANT OR DENY THE REQUEST . IF THE STATE BOARD GRANTS THE22
363	363	REQUEST, IT MAY ORALLY NOTIFY THE CHARTERING LOCAL BOARD OF23
364	364	EDUCATION AND THE CHARTER SCHOOL OF ITS DECISION . IF THE STATE24
365	365	BOARD DENIES THE REQUEST , IT MUST NOTIFY THE CHARTERING LOCAL25
366	366	BOARD OF EDUCATION AND THE CHARTER SCHOOL IN WRITING THAT THE26
367	367	REQUEST IS DENIED AND SPECIFY THE REASONS FOR DENIAL . IF THE27
368	368	HB24-1363
369	369	-11- CHARTERING LOCAL BOARD OF EDUCATION AND THE CHARTER SCHOOL DO1
370	370	NOT RECEIVE NOTICE OF THE STATE BOARD'S DECISION WITHIN FORTY-FIVE2
371	371	DAYS AFTER SUBMITTAL OF THE REQUEST FOR RELEASE , THE REQUEST IS3
372	372	DEEMED GRANTED. IF THE STATE BOARD DENIES A REQUEST FOR RELEASE4
373	373	THAT INCLUDES MULTIPLE STATE STATUTES OR STATE BOARD RULES , THE5
374	374	DENIAL MUST SPECIFY THE STATE STATUTES AND STATE BOARD RULES FOR6
375	375	WHICH THE RELEASE IS DENIED, AND THE DENIAL APPLIES ONLY TO THOSE7
376	376	SPECIFIED STATE STATUTES AND STATE BOARD RULES .8
377	377	SECTION 4. In Colorado Revised Statutes, 22-30.5-106, add9
378	378	(1)(f.5) and (1)(l.5) as follows:10
379	379	22-30.5-106. Charter application - contents. (1) The charter11
380	380	school application is a proposed agreement upon which the charter12
381	381	applicant and the chartering local board of education negotiate a charter13
382	382	contract. At a minimum, each charter school application includes:14
383	383	(f.5) D
384	384	ESCRIPTIONS OF EDUCATIONAL SERVICES THAT THE15
385	385	PROPOSED CHARTER SCHOOL WILL PROVIDE , WHICH MUST SPECIFICALLY16
386	386	ADDRESS SERVING UNMET NEEDS, AS IDENTIFIED BY THE SCHOOL DISTRICT,17
387	387	OF THE STUDENTS IN THE COMMUNITY WHERE THE CHARTER SCHOOL IS18
388	388	LOCATED;19
389	389	(l.5) T
390	390	HE PROPOSED CHARTER SCHOOL 'S ANNUAL MINIMUM PUPIL20
391	391	ENROLLMENT REQUIREMENT ;21
392	392	SECTION 5. In Colorado Revised Statutes, 22-30.5-108, amend22
393	393	(3) introductory portion, (3)(a), (3)(c), and (3.5); repeal (3)(d); and add23
394	394	(4.5) as follows:24
395	395	22-30.5-108. Appeal - standard of review - procedures - rules.25
396	396	(3) If the notice of appeal, or the motion to review by the state board,26
397	397	relates to a local board's decision to deny a charter application or to refuse27
398	398	HB24-1363
399	399	-12- to renew or to revoke a charter, or to a local board's unilateral imposition1
400	400	of conditions that are unacceptable to the charter applicant or the charter2
401	401	school, the appeal and review process shall be IS as follows:3
402	402	(a) Within sixty days after receipt of the notice of appeal or the4
403	403	making of a motion to review by the state board and after reasonable5
404	404	public notice, the state board shall review the decision of the local board6
405	405	of education and make its findings. If the state board finds that the local7
406	406	board's decision was contrary to the best interests of the pupils, school8
407	407	district, or community, the state board shall remand such THE decision to9
408	408	the local board of education with written instructions for reconsideration.10
409	409	thereof. Said THE instructions shall MUST include specific11
410	410	recommendations concerning the matters requiring reconsideration.12
411	411	(c) Following the remand,
412	412	THE LOCAL BOARD OF EDUCATION 'S13
413	413	FINAL DECISION IS NOT SUBJECT TO APPEAL if the local board of14
414	414	education's final decision is still to:15
415	415	(I) Deny a charter application or to unilaterally impose the16
416	416	condition on a charter applicant; or if the local board of education's final
417	417	17
418	418	decision is still to18
419	419	(II) Refuse to renew or to revoke a charter; or19
420	420	(III) to Unilaterally impose conditions unacceptable to the charter20
421	421	school. a second notice of appeal may be filed with the state board within21
422	422	thirty days following such final decision.22
423	423	(d) Within thirty days following receipt of the second notice of23
424	424	appeal or the making of a motion for a second review by the state board24
425	425	and after reasonable public notice, the state board, at a public hearing,25
426	426	shall determine whether the final decision of the local board of education26
427	427	was contrary to the best interests of the pupils, school district, or27
428	428	HB24-1363
429	429	-13- community. If such a finding is made, the state board shall remand such1
430	430	final decision to the local board with instructions to approve the charter2
431	431	application, or to renew or reinstate the charter or to approve or3
432	432	disapprove the conditions imposed on the charter applicant or the charter4
433	433	school. The decision of the state board shall be final and not subject to5
434	434	appeal.6
435	435	(3.5) In lieu of a first AN appeal to the state board pursuant to7
436	436	paragraph (a) of subsection (3) SUBSECTION (3)(a) of this section, the8
437	437	parties may agree to facilitation. Within thirty days after denial of a9
438	438	charter application, or nonrenewal or revocation of a charter, or unilateral10
439	439	imposition of conditions on a charter applicant or a charter school by the11
440	440	local board of education, the parties may file a notice of facilitation with12
441	441	the state board. The parties may continue in facilitation as long as both13
442	442	parties agree to its continued use. If one party subsequently rejects14
443	443	facilitation, and such THE rejection is not reconsidered within seven days,15
444	444	the local board of education shall reconsider its denial of a charter16
445	445	application, or nonrenewal or revocation of a charter, OR UNILATERAL17
446	446	IMPOSITION OF CONDITIONS ON A CHARTER APPLICANT OR A CHARTER18
447	447	SCHOOL and make a final decision as provided in paragraph (b) of19
448	448	subsection (3) SUBSECTION (3)(b) of this section. The charter applicant20
449	449	may file a notice of appeal with the state board as provided in paragraph21
450	450	(c) of subsection (3) of this section within thirty days after a local board22
451	451	of education's final decision to deny a charter application, to refuse to23
452	452	renew or to revoke a charter, or to unilaterally impose conditions on a24
453	453	charter applicant or a charter school.25
454	454	(4.5) (a) I
455	455	F THE NOTICE OF APPEAL, OR THE MOTION TO REVIEW BY26
456	456	THE STATE BOARD, RELATES TO A LOCAL BOARD DECISION TO GRANT A27
457	457	HB24-1363
458	458	-14- CHARTER, THE APPEAL AND REVIEW PROCESS IS AS FOLLOWS :1
459	459	(I) W
460	460	ITHIN SIXTY DAYS AFTER RECEIPT OF THE NOTICE OF APPEAL2
461	461	OR THE MAKING OF A MOTION TO REVIEW BY THE STATE BOARD , AND3
462	462	AFTER REASONABLE PUBLIC NOTICE , THE STATE BOARD, AT A PUBLIC4
463	463	HEARING THAT MAY BE HELD IN THE DISTRICT WHERE THE PROPOSED5
464	464	CHARTER SCHOOL HAS APPLIED FOR A CHARTER , SHALL REVIEW THE6
465	465	DECISION OF THE LOCAL BOARD AND DETERMINE WHETHER THE DECISION7
466	466	TO GRANT THE CHARTER APPLICATION WAS ARBITRARY AND CAPRICIOUS8
467	467	OR WHETHER THE ESTABLISHMENT OR OPERATION OF THE PROPOSED9
468	468	CHARTER SCHOOL WOULD :10
469	469	(A) V
470	470	IOLATE A FEDERAL OR STATE LAW CONCERNING CIVIL11
471	471	RIGHTS; OR12
472	472	(B) V
473	473	IOLATE A COURT ORDER; AND13
474	474	(II) I
475	475	F THE STATE BOARD DETERMINES THE CHARTER APPLICATION14
476	476	SHOULD BE DENIED PURSUANT TO SUBSECTION (4.5)(a)(I) OF THIS SECTION,15
477	477	THE STATE BOARD SHALL REMAND THE DECISION TO THE LOCAL BOARD16
478	478	WITH INSTRUCTIONS TO DENY THE CHARTER APPLICATION . THE STATE17
479	479	BOARD'S DECISION IS FINAL AND NOT SUBJECT TO APPEAL.18
480	480	(b) A
481	481	NY PERSON WHO RESIDES IN THE GEOGRAPHIC BOUNDARIES19
482	482	OF THE SCHOOL DISTRICT WHERE THE LOCAL BOARD DECIDES TO GRANT A20
483	483	CHARTER MAY APPEAL THE DECISION PURSUANT TO THIS SUBSECTION21
484	484	(4.5).22
485	485	(c) T
486	486	HE STATE BOARD OF EDUCATION MAY PROMULGATE RULES AS23
487	487	MAY BE NECESSARY TO IMPLEMENT THIS SUBSECTION (4.5).24
488	488	SECTION 6. In Colorado Revised Statutes, 22-30.5-109, amend25
489	489	(8); and add (9) as follows:26
490	490	22-30.5-109. Charter schools - reporting - publicizing - limits27
491	491	HB24-1363
492	492	-15- on enrollment - moratorium - closure - definition. (8) The local board1
493	493	of education of a school district shall not impose a moratorium on the2
494	494	approval of charter applications for charter schools within the school3
495	495	district;
496	496	EXCEPT THAT A LOCAL BOARD MAY IMPOSE A MORATORIUM ON4
497	497	THE APPROVAL OF CHARTER APPLICATIONS FOR CHARTER SC HOOLS WITHIN5
498	498	THE SCHOOL DISTRICT IF THE SCHOOL DISTRICT 'S PUPIL ENROLLMENT IS6
499	499	LESS THAN THE SCHOOL DISTRICT 'S PUPIL ENROLLMENT FROM THE7
500	500	IMMEDIATELY PRECEDING BUDGET YEAR OR IS PROJECTED TO DECLINE8
501	501	OVER THE SUBSEQUENT THREE BUDGET YEARS .9
502	502	(9) F
503	503	OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT10
504	504	OTHERWISE REQUIRES, "PUPIL ENROLLMENT" HAS THE SAME MEANING SET11
505	505	FORTH IN SECTION 22-54-103.12
506	506	SECTION 7. In Colorado Revised Statutes, 22-30.5-110, amend13
507	507	(2) introductory portion, (2)(a), and (3); and add (2)(a.5) and (2.5) as14
508	508	follows:15
509	509	22-30.5-110. Charter schools - term - renewal of charter -16
510	510	grounds for nonrenewal or revocation. (2) A charter school renewal17
511	511	application submitted to the chartering local board of education shall
512	512	18
513	513	MUST contain:19
514	514	(a) A report on the progress of the charter school in achieving the20
515	515	goals, objectives, pupil performance standards, content standards, targets21
516	516	for the measures used to determine the levels of attainment of the22
517	517	performance indicators, and other terms of the charter contract and the23
518	518	results achieved by the charter school's students on the assessments24
519	519	administered through the Colorado student assessment program. T
520	520	HE25
521	521	REPORT MUST ALSO CONTAIN INFORMATION CONCERNING THE26
522	522	EDUCATIONAL SERVICES THAT THE CHARTER SCHOOL PROVIDES AND THE27
523	523	HB24-1363
524	524	-16- PROGRESS AND RESULTS OF THE CHARTER SCHOOL IN SERVING , THROUGH1
525	525	THE EDUCATIONAL SERVICES , UNMET NEEDS, AS IDENTIFIED BY THE2
526	526	SCHOOL DISTRICT, OF THE STUDENTS IN THE COMMUNITY WHERE THE3
527	527	CHARTER SCHOOL IS LOCATED.4
528	528	(a.5) F
529	529	OR A CHARTER SCHOOL RENEWAL APPLICATION SUBJECT TO5
530	530	APPROVAL ON OR AFTER JULY 1, 2024, ALL REQUESTS FOR RELEASE OF THE6
531	531	CHARTER SCHOOL FROM STATE STATUTES AND STATE BOARD RULES ;7
532	532	(2.5) (a) W
533	533	ITHIN FIFTEEN DAYS AFTER RECEIVING A CHARTER8
534	534	SCHOOL RENEWAL APPLICATION , THE SCHOOL DISTRICT SHALL DETERMINE9
535	535	WHETHER THE APPLICATION CONTAINS THE MINIMUM COMPONENTS10
536	536	SPECIFIED IN SUBSECTION (2) OF THIS SECTION AND IS THEREFORE11
537	537	COMPLETE. IF THE APPLICATION IS INCOMPLETE, THE SCHOOL DISTRICT12
538	538	SHALL NOTIFY THE CHARTER APPLICANT WITHIN THE FIFTEEN -DAY PERIOD13
539	539	AND PROVIDE A LIST OF THE INFORMATION REQUIRED TO COMPLETE THE14
540	540	APPLICATION. THE APPLICANT HAS FIFTEEN DAYS AFTER THE DATE THAT15
541	541	THE APPLICANT RECEIVES THE NOTICE TO PROVIDE THE REQUIRED16
542	542	INFORMATION TO THE LOCAL BOARD OF EDUCATION FOR REVIEW . THE17
543	543	LOCAL BOARD OF EDUCATION IS NOT REQUIRED TO TAKE ACTION ON THE18
544	544	APPLICATION IF THE APPLICANT DOES NOT PROVIDE THE REQUIRED19
545	545	INFORMATION WITHIN THE FIFTEEN -DAY PERIOD. THE SCHOOL DISTRICT20
546	546	MAY REQUEST ADDITIONAL INFORMATION DURING THE REVIEW PERIOD21
547	547	AND PROVIDE REASONABLE TIME FOR THE APPLICANT TO RESPOND . THE22
548	548	SCHOOL DISTRICT MAY ACCEPT ANY ADDITIONAL INFORMATION THE23
549	549	APPLICANT PROVIDES THAT THE SCHOOL DISTRICT DOES NOT REQUEST .24
550	550	T
551	551	HE DISTRICT ACCOUNTABILITY COMMITTEE SHALL REVIEW THE25
552	552	COMPLETE APPLICATION AT LEAST FIFTEEN DAYS , IF POSSIBLE, BEFORE THE26
553	553	LOCAL BOARD OF EDUCATION TAKES ACTION ON THE APPLICATION .27
554	554	HB24-1363
555	555	-17- (b) FOR PURPOSES OF REVIEWING A CHARTER SCHOOL RENEWAL1
556	556	APPLICATION, A DISTRICT ACCOUNTABILITY COMMITTEE SHALL INCLUDE2
557	557	AT LEAST:3
558	558	(I) O
559	559	NE PERSON WITH A DEMONSTRATED KNOWLEDGE OF CHARTER4
560	560	SCHOOLS, REGARDLESS OF WHETHER THAT PERSON RESIDES WITHIN THE5
561	561	SCHOOL DISTRICT; AND6
562	562	(II) O
563	563	NE PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLED IN A7
564	564	CHARTER SCHOOL IN THE SCHOOL DISTRICT .8
565	565	(3) (a) A charter may be revoked or not renewed by the chartering
566	566	9
567	567	local board of education A LOCAL BOARD MAY REVOKE OR NOT RENEW A10
568	568	DISTRICT CHARTER SCHOOL'S CHARTER if it determines that the charter11
569	569	school did any of the following:12
570	570	(a) (I) Committed a material violation of any of the conditions,13
571	571	standards, or procedures set forth in the charter contract;14
572	572	(b) (II) Failed to meet or make adequate progress toward15
573	573	achievement of the goals, objectives, content standards, pupil16
574	574	performance standards, targets for the measures used to determine the17
575	575	levels of attainment of the performance indicators, applicable federal18
576	576	requirements, or other terms identified in the charter contract;19
577	577	(c) (III) Failed to meet generally accepted standards of fiscal20
578	578	management; or21
579	579	(d) (IV) Violated any provision of law from which the charter22
580	580	school was not specifically exempted;23
581	581	(V) F
582	582	AILED TO POST AND MAINTAIN ON ITS WEBSITE AN ITEMIZED24
583	583	LIST OF CITATIONS AND DESCRIPTIONS OF STATE STATUTES AND STATE25
584	584	BOARD RULES WAIVED BY THE CHARTER SCHOOL , OR SCHOOL DISTRICT26
585	585	POLICIES FROM WHICH THE CHARTER SCHOOL IS RELEASED ;27
586	586	HB24-1363
587	587	-18- (VI) FAILED TO SATISFY ITS ANNUAL MINIMUM PUPIL ENROLLMENT1
588	588	REQUIREMENT; OR2
589	589	(VII) F
590	590	AILED TO COMPLY WITH A CIVIL JUDGMENT OR COURT3
591	591	ORDER THAT AFFECTS THE COMMUNITY IT SERVES .4
592	592	(b) A
593	593	LOCAL BOARD MAY REVOKE OR NOT RENEW A DISTRICT5
594	594	CHARTER SCHOOL'S CHARTER IF THE SCHOOL DISTRICT IS EXPERIENCING6
595	595	DECLINING PUPIL ENROLLMENT OR THE DISTRICT CHARTER SCHOOL IS7
596	596	EXPERIENCING DECLINING PUPIL ENROLLMENT , OR IF A VIOLATION OF8
597	597	SECTION 22-30.5-110.4 OCCURRED.9
598	598	SECTION 8. In Colorado Revised Statutes, add 22-30.5-110.410
599	599	as follows:11
600	600	22-30.5-110.4. Conflict of interest. N
601	601	OTWITHSTANDING ANY LAW12
602	602	TO THE CONTRARY, A MEMBER OF A GOVERNING BOARD OF A CHARTER13
603	603	SCHOOL OR THE LEADER OF A CHARTER SCHOOL SHALL NOT ENGAGE IN14
604	604	ANY ACTIVITY OR HAVE ANY FINANCIAL INTEREST THAT MAY RESULT IN A15
605	605	CONFLICT OF INTEREST BETWEEN THE MEMBER 'S OR LEADER'S DUTIES16
606	606	CONCERNING THE CHARTER SCHOOL AND THE MEMBER 'S OR LEADER'S17
607	607	PERSONAL OR FINANCIAL INTEREST.18
608	608	SECTION 9. In Colorado Revised Statutes, 22-30.5-112, amend19
609	609	(2)(a)(III)(A), (2)(a.3), and (2)(c)(II); and add (2)(a.1) as follows:20
610	610	22-30.5-112. Charter schools - financing - guidelines -21
611	611	definitions. (2) (a) (III) (A) For budget year 2000-01 and budget years
612	612	22
613	613	thereafter FOR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR23
614	614	BEFORE JUNE 30, 2024, except as otherwise provided in paragraph (a.3)24
615	615	of this subsection (2) SUBSECTION (2)(a.3) OF THIS SECTION, each charter25
616	616	school and the chartering school district shall negotiate funding under26
617	617	PURSUANT TO the contract. The charter school shall MUST receive one27
618	618	HB24-1363
619	619	-19- hundred percent of the district per pupil revenues for each pupil enrolled1
620	620	in the charter school who is not an online pupil and one hundred percent2
621	621	of the district per pupil online funding for each online pupil enrolled in3
622	622	the charter school; except that the chartering school district may choose4
623	623	to retain the actual amount of the charter school's per pupil share of the5
624	624	central administrative overhead costs for services, actually provided to the6
625	625	charter school up to five percent of the district per pupil revenues for each7
626	626	pupil who is not an online pupil enrolled in the charter school. and up to8
627	627	five percent of the district per pupil online funding for each online pupil9
628	628	enrolled in the charter school.10
629	629	(a.1) F
630	630	OR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR11
631	631	AFTER JULY 1, 2024, EACH CHARTER SCHOOL AND THE CHARTERING12
632	632	SCHOOL DISTRICT SHALL NEGOTIATE FUNDING PURSUANT TO THE13
633	633	CONTRACT. THE CHARTER SCHOOL MUST RECEIVE ONE HUNDRED PERCENT14
634	634	OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE15
635	635	CHARTER SCHOOL WHO IS NOT AN ONLINE PUPIL AND ONE H UNDRED16
636	636	PERCENT OF THE DISTRICT PER PUPIL ONLINE FUNDING FOR EACH ONLINE17
637	637	PUPIL ENROLLED IN THE CHARTER SCHOOL; EXCEPT THAT THE CHARTERING18
638	638	SCHOOL DISTRICT SHALL RETAIN THE ACTUAL AMOUNT OF THE CHARTER19
639	639	SCHOOL'S PER PUPIL SHARE OF THE CENTRAL ADMINISTRATIVE OVERHEAD20
640	640	COSTS FOR SERVICES, INCLUDING ANY COSTS THAT ARE OTHERWISE NOT21
641	641	REIMBURSED FOR SPECIAL EDUCATION SERVICES PROVIDED TO THE22
642	642	CHARTER SCHOOL.23
643	643	(a.3) If
644	644	FOR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR24
645	645	BEFORE JUNE 30, 2024, IF the authorizing school district enrolls five25
646	646	hundred or fewer students, the charter school shall MUST receive funding26
647	647	in the amount of the greater of one hundred percent of the district per27
648	648	HB24-1363
649	649	-20- pupil online funding for each online pupil enrolled in the charter school1
650	650	plus one hundred percent of the district per pupil revenues for each pupil2
651	651	who is not an online pupil enrolled in the charter school, minus the actual3
652	652	amount of the charter school's per pupil share of the central administrative4
653	653	overhead costs incurred by the school district, based on audited figures,5
654	654	or eighty-five percent of the district per pupil revenues for each pupil6
655	655	enrolled in the charter school who is not an online pupil plus eighty-five7
656	656	percent of the district per pupil online funding for each online pupil8
657	657	enrolled in the charter school.9
658	658	(c) (II) For budget year 2000-01 and budget years thereafter FOR10
659	659	A CHARTER CONTRACT EXECUTED ON OR BEFORE JUNE 30, 2024, the11
660	660	amount of funding received by a charter school pursuant to this12
661	661	subsection (2) shall MUST not be less than one hundred percent of the13
662	662	chartering school district's district per pupil revenues, minus up to five14
663	663	percent as provided in subparagraph (III) of paragraph (a) of this15
664	664	subsection (2) SUBSECTION (2)(a)(III) OF THIS SECTION, multiplied by the16
665	665	number of pupils enrolled in the charter school or as otherwise provided17
666	666	in paragraph (a.3) of this subsection (2) SUBSECTION (2)(a.3) OF THIS18
667	667	SECTION for any charter school chartered by a school district that enrolls19
668	668	five hundred or fewer students.20
669	669	SECTION 10. In Colorado Revised Statutes, 22-30.5-112.1,21
670	670	amend (3)(a) and (3)(b); and add (3)(a.5) as follows:22
671	671	22-30.5-112.1. Charter schools - exclusive jurisdiction districts23
672	672	- authorized on or after July 1, 2004 - financing - definitions.24
673	673	(3) (a) For budget year 2004-05 and budget years thereafter FOR A25
674	674	CHARTER CONTRACT EXECUTED OR RENEWED ON OR BEFORE JUNE 30,26
675	675	2024, each district charter school and the qualifying school district that27
676	676	HB24-1363
677	677	-21- approved the charter shall negotiate funding under PURSUANT TO the1
678	678	charter contract. The district charter school shall MUST receive one2
679	679	hundred percent of the adjusted district per pupil revenues for each pupil3
680	680	enrolled in the district charter school who is not an online pupil and one4
681	681	hundred percent of the district per pupil online funding for each online5
682	682	pupil enrolled in the district charter school; except that the qualifying6
683	683	school district may choose to retain the sum of the actual amount of the7
684	684	district charter school's per pupil share of the central administrative8
685	685	overhead costs for services actually provided to the district charter school,9
686	686	up to five percent of the adjusted district per pupil revenues for each pupil10
687	687	who is not an online pupil enrolled in the district charter school. and up11
688	688	to five percent of the district per pupil online funding for each online12
689	689	pupil enrolled in the district charter school.13
690	690	(a.5) F
691	691	OR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR14
692	692	AFTER JULY 1, 2024, EACH DISTRICT CHARTER SCHOOL AND THE15
693	693	QUALIFYING SCHOOL DISTRICT THAT APPROVED THE CHARTER SHALL16
694	694	NEGOTIATE FUNDING PURSUANT TO THE CHARTER CONTRACT . THE17
695	695	DISTRICT CHARTER SCHOOL MUST RECEIVE ONE HUNDRED PERCENT OF THE18
696	696	ADJUSTED DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN19
697	697	THE DISTRICT CHARTER SCHOOL WHO IS NOT AN ONLINE PUPIL AND ONE20
698	698	HUNDRED PERCENT OF THE DISTRICT PER PUPIL ONLINE FUNDING FOR EACH21
699	699	ONLINE PUPIL ENROLLED IN THE DISTRICT CHARTER SCHOOL ; EXCEPT THAT22
700	700	THE CHARTERING SCHOOL DISTRICT SHALL RETAIN THE ACTUAL AMOUNT23
701	701	OF THE CHARTER SCHOOL 'S PER PUPIL SHARE OF THE CENTRAL24
702	702	ADMINISTRATIVE OVERHEAD COSTS FOR SERVICES , INCLUDING ANY COSTS25
703	703	THAT ARE OTHERWISE NOT REIMBURSED FOR SPECIAL EDUCATION26
704	704	SERVICES PROVIDED TO THE CHARTER SCHOOL .27
705	705	HB24-1363
706	706	-22- (b) Notwithstanding any provision of this subsection (3) to the1
707	707	contrary, if FOR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR2
708	708	BEFORE JUNE 30, 2024, IF a qualifying school district enrolls five hundred3
709	709	or fewer students, the district charter school shall MUST receive funding4
710	710	in the amount of the greater of one hundred percent of the district per5
711	711	pupil online funding for each online pupil enrolled in the district charter6
712	712	school plus one hundred percent of the district per pupil revenues for each7
713	713	pupil who is not an online pupil enrolled in the district charter school,8
714	714	minus the actual amount of the district charter school's per pupil share of9
715	715	the central administrative overhead costs incurred by the qualifying10
716	716	school district, based on audited figures, or eighty-five percent of the11
717	717	district per pupil revenues for each pupil enrolled in the district charter12
718	718	school who is not an online pupil plus eighty-five percent of the district13
719	719	per pupil online funding for each online pupil enrolled in the district14
720	720	charter school.15
721	721	SECTION 11. In Colorado Revised Statutes, 22-30.5-113, add16
722	722	(4) as follows:17
723	723	22-30.5-113. State board - department of education - duties -18
724	724	charter schools - evaluation - report. (4) F
725	725	OR THE REPORT SUBMITTED19
726	726	PURSUANT TO THIS SECTION, IN THE 2024-25 BUDGET YEAR, AND EACH20
727	727	YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE DATA CONCERNING21
728	728	ATTRITION RATES FOR STUDENTS ENROLLED IN , AND TEACHERS ,22
729	729	ADMINISTRATORS, AND ADMINISTRATIVE PERSONNEL EMPLOYED BY , A23
730	730	CHARTER SCHOOL. AT A MINIMUM, THE REPORT MUST INCLUDE:24
731	731	(a) T
732	732	HE NUMBER OF STUDENTS ENROLLED IN A CHARTER SCHOOL25
733	733	IN THE PRECEDING SCHOOL YEAR, REPORTED FOR THE STATE AS A WHOLE26
734	734	AND FOR EACH DISTRICT CHARTER SCHOOL AND INSTITUTE CHARTER27
735	735	HB24-1363
736	736	-23- SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND1
737	737	GENDER;2
738	738	(b) T
739	739	HE NUMBER OF STUDENTS ENROLLED IN A CHARTER SCHOOL3
740	740	IN THE CURRENT SCHOOL YEAR , REPORTED FOR THE STATE AS A WHOLE4
741	741	AND FOR EACH DISTRICT CHARTER SC HOOL AND INSTITUTE CHARTER5
742	742	SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND6
743	743	GENDER;7
744	744	(c) T
745	745	HE NUMBER OF TEACHERS EMPLOYED BY A CHARTER SCHOOL8
746	746	IN THE PRECEDING SCHOOL YEAR, REPORTED FOR THE STATE AS A WHOLE9
747	747	AND FOR EACH DISTRICT CHARTER SCHOOL AND INSTITUTE CHARTER10
748	748	SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND11
749	749	GENDER;12
750	750	(d) T
751	751	HE NUMBER OF TEACHERS EMPLOYED BY A CHARTER SCHOOL13
752	752	IN THE CURRENT SCHOOL YEAR , REPORTED FOR THE STATE AS A WHOLE14
753	753	AND FOR EACH DISTRICT CHARTER SCHOOL AND INSTITUTE CHARTER15
754	754	SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND16
755	755	GENDER;17
756	756	(e) T
757	757	HE NUMBER OF ADMINISTRATORS AND ADMINISTRATIVE18
758	758	PERSONNEL EMPLOYED BY A CHARTER SCHOOL IN THE PRECEDING SCHOOL19
759	759	YEAR, REPORTED FOR THE STATE AS A WHOLE AND FOR EACH DISTRICT20
760	760	CHARTER SCHOOL AND INSTITUTE CHARTER SCHOOL , IN TOTAL AND21
761	761	DISAGGREGATED BY RACE, ETHNICITY, AND GENDER; AND22
762	762	(f) T
763	763	HE NUMBER OF ADMINISTRATORS AND ADMINISTRATIVE23
764	764	PERSONNEL EMPLOYED BY A CHARTER SCHOOL IN THE CURRENT SCHOOL24
765	765	YEAR, REPORTED FOR THE STATE AS A WHOLE AND FOR EACH DISTRICT25
766	766	CHARTER SCHOOL AND INSTITUTE CHARTER SCHOOL , IN TOTAL AND26
767	767	DISAGGREGATED BY RACE, ETHNICITY, AND GENDER.27
768	768	HB24-1363
769	769	-24- SECTION 12. In Colorado Revised Statutes, 22-30.5-306,1
770	770	amend (2)(a) as follows:2
771	771	22-30.5-306. Independent charter schools - charter - term.3
772	772	(2) With the assistance from the commissioner or the commissioner's4
773	773	designee, the selected applicant and the local board of education shall5
774	774	negotiate the terms of the independent charter, which may be different6
775	775	from or in addition to the terms of the response to the request for7
776	776	proposals; except that:8
777	777	(a) The independent charter school shall be IS entitled to use the9
778	778	school building in which the public school that is subject to conversion10
779	779	was operated. The independent charter school and the local board of11
780	780	education shall negotiate an amount of rent to be paid which shall be not12
781	781	more than twelve dollars per year, and all other costs for the operation13
782	782	and maintenance of the building and related facilities.14
783	783	SECTION 13. In Colorado Revised Statutes, 22-30.5-502,15
784	784	amend (1.5)(b) and (1.5)(c); and add (1.5)(d) as follows:16
785	785	22-30.5-502. Definitions. As used in this part 5, unless the17
786	786	context otherwise requires:18
787	787	(1.5) "Automatic waiver" means the waiver of a state statute or19
788	788	state board rule:20
789	789	(b) That is available to each charter school, including each21
790	790	institute charter school, and is valid for the initial, or subsequent renewal,22
791	791	term of the charter contract; and23
792	792	(c) For which a charter school, including an institute charter24
793	793	school, is not required to submit a statement that specifies the manner in25
794	794	which the charter school intends to comply with the intent of the26
795	795	automatically waived state statute or state board rule;
796	796	AND27
797	797	HB24-1363
798	798	-25- (d) IS VALID ONLY FOR A CHARTER SCHOOL , INCLUDING AN1
799	799	INSTITUTE CHARTER SCHOOL, WHOSE CURRENT CHARTER CONTRACT WAS2
800	800	EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024.3
801	801	SECTION 14. In Colorado Revised Statutes, 22-30.5-507,4
802	802	amend (7)(a) introductory portion, (7)(b)(VIII), and (7)(b)(IX); and add5
803	803	(7)(b)(X), (7)(d), and (15) as follows:6
804	804	22-30.5-507. Institute charter school - requirements -7
805	805	authority - rules - definitions. (7) (a) Pursuant to the charter contract,8
806	806	an institute charter school may operate free from specified statutes and9
807	807	state board rules. The state board shall promulgate rules that list the10
808	808	automatic waivers for all charter schools WHOSE CURRENT CHARTER11
809	809	CONTRACT WAS EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024,12
810	810	including institute charter schools. In promulgating the list of automatic13
811	811	waivers, the state board shall consider the overall impact and complexity14
812	812	of the requirements specified in the statute and the potential consequences15
813	813	that waiving the statute may have on the practices of a charter school,16
814	814	including an institute charter school. In accordance with its rule-making17
815	815	authority, the state board may review the list of automatic waivers at its18
816	816	discretion. Notwithstanding any provision of this subsection (7)(a) to the19
817	817	contrary, the state board shall not include the following statutes on the list20
818	818	of automatic waivers:21
819	819	(b) An institute charter school may apply to the state board,22
820	820	through the institute, for a waiver of state statutes and state rules that are23
821	821	not automatic waivers. The state board may waive state statutory24
822	822	requirements or rules promulgated by the state board; except that the state25
823	823	board may not waive any statute or rule relating to:26
824	824	(VIII) Section 22-33-106.1 concerning suspension and expulsion27
825	825	HB24-1363
826	826	-26- of students in preschool through second grade; or1
827	827	(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)2
828	828	and 22-63-206 (1) relating to discrimination based on hair texture, hair3
829	829	type, or a protective hairstyle that is commonly or historically associated4
830	830	with race;
831	831	OR5
832	832	(X) E
833	833	DUCATION PERSONNEL PERFORMANCE EVALUATION SYSTEM6
834	834	REQUIREMENTS CONTAINED IN ARTICLE 9 OF THIS TITLE 22.7
835	835	(d) (I) A
836	836	N AUTOMATIC WAIVER INVOKED BY AN INSTITUTE8
837	837	CHARTER SCHOOL WHOSE CHARTER CONTRACT WAS EXECUTED OR9
838	838	RENEWED ON OR BEFORE JUNE 30, 2024, IS VALID UNTIL THE CHARTER10
839	839	CONTRACT EXPIRES. AN INSTITUTE CHARTER SCHOOL WHOSE CHARTER11
840	840	CONTRACT WAS EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024, IS12
841	841	INELIGIBLE TO INVOKE ANY AUTOMATIC WAIVER UPON AN INSTITUTE13
842	842	CHARTER SCHOOL RENEWAL APPLICATION SUBMITTED OR CHARTER14
843	843	CONTRACT RENEWAL OCCURRING ON OR AFTER JULY 1, 2024.15
844	844	(II) A
845	845	N AUTOMATIC WAIVER TERM INCLUDED IN A CHARTER16
846	846	CONTRACT EXECUTED OR RENEWED ON OR AFTER JULY 1, 2024, IS NULL17
847	847	AND VOID AS AGAINST PUBLIC POLICY AND IS UNENFORCEABLE . THIS18
848	848	SUBSECTION (7)(d)(II) DOES NOT PROHIBIT AN INSTITUTE CHARTER19
849	849	SCHOOL FROM OPERATING FREE FROM SPECIFIED STATUTES AND STATE20
850	850	BOARD RULES, AS PROVIDED PURSUANT TO THIS SECTION.21
851	851	(15) B
852	852	EGINNING JULY 1, 2024, AN INSTITUTE CHARTER SCHOOL22
853	853	SHALL POST AND MAINTAIN ON ITS WEBSITE AN ITEMIZED LIST OF23
854	854	CITATIONS TO AND DESCRIPTIONS OF STATE STATUTES AND STATE BOARD24
855	855	RULES WAIVED BY THE CHARTER SCHOOL .25
856	856	SECTION 15. In Colorado Revised Statutes, 22-30.5-509, add26
857	857	(1)(f.5) as follows:27
858	858	HB24-1363
859	859	-27- 22-30.5-509. Institute charter school application - contents.1
860	860	(1) The institute charter school application is a proposed agreement upon2
861	861	which the institute charter applicant and the institute negotiate a charter3
862	862	contract. At a minimum, each institute charter school application4
863	863	includes:5
864	864	(f.5) D
865	865	ESCRIPTIONS OF EDUCATIONAL SERVICES THAT THE6
866	866	PROPOSED CHARTER SCHOOL WILL PROVIDE , WHICH MUST SPECIFICALLY7
867	867	ADDRESS SERVING UNMET NEEDS , AS IDENTIFIED BY THE SCHOOL DISTRICT,8
868	868	OF THE STUDENTS IN THE COMMUNITY WHERE THE CHARTER SCHOOL IS9
869	869	LOCATED;10
870	870	SECTION 16. In Colorado Revised Statutes, 22-30.5-511,11
871	871	amend (3)(d) and (3)(e); and add (3)(f) as follows:12
872	872	22-30.5-511. Institute charter schools - term - renewal of13
873	873	contract - grounds for nonrenewal or revocation - appeal. (3) The14
874	874	institute board may revoke or deny renewal of a charter contract if the15
875	875	institute board determines that the institute charter school did any of the16
876	876	following:17
877	877	(d) Failed to meet generally accepted standards of fiscal18
878	878	management; or
879	879	19
880	880	(e) Violated any provision of law from which the institute charter20
881	881	school was not specifically exempted;
882	882	OR21
883	883	(f) F
884	884	AILED TO POST AND MAINTAIN ON ITS WEBSITE AN ITEMIZED22
885	885	LIST OF CITATIONS AND DESCRIPTIONS OF STATE STATUTES AND STATE23
886	886	BOARD RULES WAIVED BY THE INSTITUTE CHARTER SCHOOL .24
887	887	SECTION 17. In Colorado Revised Statutes, amend 22-9-101 as25
888	888	follows:26
889	889	22-9-101. Short title. This article
890	890	ARTICLE 9 shall be known and27
891	891	HB24-1363
892	892	-28- may be cited as the "Licensed EDUCATION Personnel Performance1
893	893	Evaluation Act".2
894	894	SECTION 18. In Colorado Revised Statutes, 22-9-102, amend3
895	895	(1) introductory portion, (1)(a), (1)(b) introductory portion, (1)(b)(III),4
896	896	(1)(b)(IV), and (2) as follows:5
897	897	22-9-102. Legislative declaration. (1) The general assembly6
898	898	hereby FINDS AND declares that:7
899	899	(a) A system to evaluate the effectiveness of licensed EDUCATION8
900	900	personnel is crucial to improving the quality of education in this state and9
901	901	declares that such a THE system shall be IS applicable to all licensed10
902	902	EDUCATION personnel in the school districts, and boards of cooperative11
903	903	services,
904	904	DISTRICT CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS12
905	905	throughout the state; and13
906	906	(b) The purposes of the evaluation shall be
907	907	ARE to:14
908	908	(III) Serve as a measurement of the professional growth and15
909	909	development of licensed EDUCATION personnel;16
910	910	(IV) Evaluate the level of performance based on the effectiveness17
911	911	of licensed EDUCATION personnel; and18
912	912	(2) The general assembly further declares that a professionally19
913	913	sound and credible system to evaluate the effectiveness of licensed20
914	914	EDUCATION personnel shall MUST be designed with the involvement of21
915	915	licensed EDUCATION personnel and citizens of the school district or board22
916	916	of cooperative services.23
917	917	SECTION 19. In Colorado Revised Statutes, 22-9-103, amend24
918	918	(1.5) and (5); and add (1.6), (1.7), (1.8), and (1.9) as follows:25
919	919	22-9-103. Definitions. As used in this article 9, unless the context26
920	920	otherwise requires:27
921	921	HB24-1363
922	922	-29- (1.5) "Licensed personnel" or "licensed person" means a person1
923	923	who is employed to instruct students, to provide professional services to2
924	924	students in direct support of the education instructional program, or to3
925	925	administer, direct, or supervise the instructional program in a school in4
926	926	the state and who holds a valid license or authorization pursuant to article5
927	927	60.5 of this title 22. "DISTRICT CHARTER SCHOOL" MEANS A CHARTER6
928	928	SCHOOL AUTHORIZED BY A SCHOOL DISTRICT BOARD OF EDUCATION7
929	929	PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22.8
930	930	(1.6) "E
931	931	DUCATION PERSONNEL" OR "EDUCATION PROFESSIONAL"9
932	932	MEANS A PERSON WHO IS EMPLOYED TO INSTRUCT STUDENTS ; TO PROVIDE10
933	933	PROFESSIONAL SERVICES TO STUDENTS IN DIRECT SUPPORT OF THE11
934	934	EDUCATION INSTRUCTIONAL PROGRAM ; OR TO ADMINISTER, DIRECT, OR12
935	935	SUPERVISE THE INSTRUCTIONAL PROGRAM IN A PUBLIC SCHOOL IN THE13
936	936	STATE, INCLUDING A DISTRICT CHARTER SCHOOL OR INSTITUTE CHARTER14
937	937	SCHOOL, REGARDLESS OF WHETHER THE PERSON HOLDS A VALID LICENSE15
938	938	OR AUTHORIZATION PURSUANT TO ARTICLE 60.5 OF THIS TITLE 22.16
939	939	(1.7) "I
940	940	NSTITUTE" MEANS THE STATE CHARTER SCHOOL INSTITUTE17
941	941	CREATED PURSUANT TO SECTION 22-30.5-503.18
942	942	(1.8)
943	943	"INSTITUTE BOARD" MEANS THE GOVERNING BOARD OF THE19
944	944	STATE CHARTER SCHOOL INSTITUTE APPOINTED PURSUANT TO SECTION20
945	945	22-30.5-505.21
946	946	(1.9) "I
947	947	NSTITUTE CHARTER SCHOOL" MEANS A CHARTER SCHOOL22
948	948	AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO23
949	949	PART 5 OF ARTICLE 30.5 OF THIS TITLE 22.24
950	950	(5) "Teacher" means a person who holds an alternative, initial, or
951	951	25
952	952	professional teacher license issued pursuant to the provisions of article26
953	953	60.5 of this title and who is employed by a school district, or a DISTRICT27
954	954	HB24-1363
955	955	-30- charter school, OR INSTITUTE CHARTER SCHOOL in the state to instruct,1
956	956	direct, or supervise an education program,
957	957	REGARDLESS OF WHETHER THE2
958	958	PERSON HOLDS AN ALTERNATIVE , INITIAL, OR PROFESSIONAL TEACHER3
959	959	LICENSE ISSUED PURSUANT TO THE PROVISIONS OF ARTICLE 60.5 OF THIS4
960	960	TITLE 22.5
961	961	SECTION 20. In Colorado Revised Statutes, 22-9-104, amend6
962	962	(1), (1.5), (2)(a), (2)(b), (2)(c), and (3) introductory portion; and add7
963	963	(3)(d) and (4) as follows:8
964	964	22-9-104. State model education personnel performance9
965	965	evaluation system - department - state board - powers and duties -10
966	966	rules - repeal. (1) The state board shall promulgate guidelines relating11
967	967	to the planning, development, implementation, and assessment of a state12
968	968	model licensed
969	969	EDUCATION personnel performance evaluation system that13
970	970	may be adopted by each school district and board of cooperative services14
971	971	within the state
972	972	AND THE INSTITUTE. In promulgating said
973	973	THE guidelines,15
974	974	the state board shall allow each school district and board of cooperative16
975	975	services to involve and consult with the licensed EDUCATION personnel17
976	976	and citizens of the school district or districts,
977	977	AND SHALL ALLOW THE18
978	978	INSTITUTE TO INVOLVE AND CONSULT WITH INSTITUTE CHARTER SCHOOL19
979	979	EDUCATION PERSONNEL AND CITIZENS OF THE COMMUNITIES SERVED BY20
980	980	INSTITUTE CHARTER SCHOOLS . Each school district and board of21
981	981	cooperative services,
982	982	AND THE INSTITUTE, has the flexibility needed to22
983	983	develop a system of personnel performance evaluation that is specifically23
984	984	designed to meet the individual needs of that school district or board of24
985	985	cooperative services
986	986	AND THE INSTITUTE.25
987	987	(1.5) To assist school districts and boards of cooperative services26
988	988	in implementing the state model licensed
989	989	EDUCATION personnel27
990	990	HB24-1363
991	991	-31- performance evaluation system and in developing and implementing local1
992	992	systems of personnel performance evaluation,
993	993	AND TO ASSIST THE2
994	994	INSTITUTE IN IMPLEMENTING THE STATE MODEL EDUCATIONAL PERSONNEL3
995	995	PERFORMANCE EVALUATION SYSTEM AND IN DEVELOPING AND4
996	996	IMPLEMENTING AN INSTITUTE SYSTEM OF PERSONNEL PERFORMANCE5
997	997	EVALUATION, by the beginning of the 2023-24
998	998	2024-25 school year, the6
999	999	department shall:7
1000	1000	(a) Create a modified rubric specifically for measuring the8
1001	1001	performance of a licensed person AN EDUCATION PROFESSIONAL who has9
1002	1002	received a rating of highly effective for at least three consecutive school10
1003	1003	years and provide guidelines for focusing on professional growth and11
1004	1004	career development in evaluating licensed EDUCATION personnel who are12
1005	1005	consistently rated highly effective;13
1006	1006	(b) Work with school districts, and boards of cooperative services,14
1007	1007	AND THE INSTITUTE to create and make publicly available rubrics for15
1008	1008	measuring the performance of licensed EDUCATION personnel in a limited16
1009	1009	number of specialized teacher or principal roles;17
1010	1010	(c) Provide evaluator training at no cost to school districts, and18
1011	1011	boards of cooperative services,
1012	1012	AND THE INSTITUTE to ensure that all19
1013	1013	evaluators have the skills necessary to observe and evaluate licensed
1014	1014	20
1015	1015	EDUCATION personnel with fidelity to the licensed EDUCATION personnel21
1016	1016	performance evaluation system implemented by the evaluator's school22
1017	1017	district, or board of cooperative services, OR THE INSTITUTE;23
1018	1018	(d) Provide guidelines for considering a licensed AN EDUCATION24
1019	1019	person's professional growth achievements, such as attainment of national25
1020	1020	board certification or fulfillment of differentiated professional roles, as26
1021	1021	proof that the licensed person EDUCATION PROFESSIONAL meets one or27
1022	1022	HB24-1363
1023	1023	-32- more of the quality standards, in lieu of some or all of the elements that1
1024	1024	demonstrate attainment of the quality standards; and2
1025	1025	(e) Provide information concerning best practices in methods of3
1026	1026	conducting licensed EDUCATION personnel evaluations, including4
1027	1027	innovative methods for observation.5
1028	1028	(2) The state board shall:6
1029	1029	(a) Provide training and leadership and give technical assistance7
1030	1030	to school districts, and boards of cooperative services, AND THE INSTITUTE8
1031	1031	in the development of a licensed EDUCATION personnel performance9
1032	1032	evaluation system;10
1033	1033	(b) Work and cooperate with the state's universities and colleges11
1034	1034	that have teacher, principal, or administrator education programs to12
1035	1035	ensure that principals and administrators who have evaluation13
1036	1036	responsibilities will receive adequate education and training that meets14
1037	1037	the requirements specified in section 22-9-108 and will enable them to15
1038	1038	make thorough, credible, fair, and professional quality evaluations of all16
1039	1039	licensed EDUCATION personnel whom those principals or administrators17
1040	1040	may be responsible for evaluating;18
1041	1041	(c) Promulgate rules concerning the planning, development,19
1042	1042	implementation, and assessment of the state model licensed EDUCATION20
1043	1043	personnel performance evaluation system to evaluate the effectiveness of21
1044	1044	licensed EDUCATION personnel;22
1045	1045	(3) For evaluations completed for the 2023-24 school year, and23
1046	1046	each school year thereafter the state board shall promulgate rules as24
1047	1047	necessary to ensure that, under the state model licensed personnel25
1048	1048	performance evaluation system and a local system of personnel26
1049	1049	performance evaluation:27
1050	1050	HB24-1363
1051	1051	-33- (d) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.1
1052	1052	(4) F
1053	1053	OR EVALUATIONS COMPLETED FOR THE 2024-25 SCHOOL2
1054	1054	YEAR, AND EACH SCHOOL YEAR THEREAFTER , THE STATE BOARD SHALL3
1055	1055	PROMULGATE RULES AS NECESSARY TO ENSURE THAT , PURSUANT TO THE4
1056	1056	STATE MODEL EDUCATION PERSONNEL PERFORMANCE EVALUATION5
1057	1057	SYSTEM AND A LOCAL OR THE INSTITUTE SYSTEM OF PERSONNEL6
1058	1058	PERFORMANCE EVALUATION :7
1059	1059	(a) T
1060	1060	HIRTY PERCENT OF A TEACHER'S OR PRINCIPAL'S EVALUATION8
1061	1061	IS DETERMINED BY THE ACADEMIC GROWTH OF THE TEACHER 'S STUDENTS9
1062	1062	OR THE STUDENTS ENROLLED IN THE PRINCIPAL'S SCHOOL, AS APPLICABLE,10
1063	1063	AND THE REMAINDER IS BASED ON THE TEACHER 'S OR PRINCIPAL'S11
1064	1064	ATTAINMENT OF THE QUALITY STANDARDS ;12
1065	1065	(b) E
1066	1066	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(c) OF13
1067	1067	THIS SECTION, OF THE THIRTY PERCENT OF A TEACHER 'S OR PRINCIPAL'S14
1068	1068	EVALUATION THAT IS BASED ON STUDENT ACADEMIC GROWTH , UP TO TEN15
1069	1069	PERCENT MAY BE BASED ON MEASURES OF COLLECTIVE STUDENT16
1070	1070	ACADEMIC GROWTH THAT ARE BASED ON THE PERFORMANCE OF ALL17
1071	1071	STUDENTS ENROLLED AT A PARTICULAR GRADE LEVEL WITHIN THE SCHOOL18
1072	1072	IN WHICH THE TEACHER OR PRINCIPAL IS EMPLOYED OR THE PERFORMANCE19
1073	1073	OF ALL STUDENTS ENROLLED IN THE SCHOOL IN WHICH THE TEACHER OR20
1074	1074	PRINCIPAL IS EMPLOYED, BUT A TEACHER'S OR PRINCIPAL'S EVALUATION21
1075	1075	MUST NOT INCLUDE MEASURES OF COLLECTIVE STUDENT ACADEMIC22
1076	1076	GROWTH THAT ARE BASED ON THE PERFORMANCE OF STUDENTS WHO ARE23
1077	1077	NOT ENROLLED IN THE SCHOOL IN WHICH THE TEACHER OR PRINCIPAL IS24
1078	1078	EMPLOYED; AND25
1079	1079	(c) T
1080	1080	HE EVALUATION OF AN EDUCATION PROFESSIONAL WHO HAS26
1081	1081	BEEN EMPLOYED BY A SCHOOL DISTRICT , BOARD OF COOPERATIVE27
1082	1082	HB24-1363
1083	1083	-34- SERVICES, OR INSTITUTE CHARTER SCHOOL FOR ONE SCHOOL YEAR OR LESS1
1084	1084	MUST NOT INCLUDE DATA THAT WAS CREATED PRIOR TO THE DATE ON2
1085	1085	WHICH THE EDUCATION PROFESSIONAL STARTED EMPLOYMENT WITH THE3
1086	1086	SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES , OR INSTITUTE4
1087	1087	CHARTER SCHOOL.5
1088	1088	SECTION 21. In Colorado Revised Statutes, 22-9-105.5, amend6
1089	1089	(2)(c) introductory portion, (3) introductory portion, (3)(c), (5), (6), and7
1090	1090	(11); and add (3)(k), (10.5), and (11.5) as follows:8
1091	1091	22-9-105.5. State council for educator effectiveness - legislative9
1092	1092	declaration - membership - duties - recommendations - rules.10
1093	1093	(2) (c) The purpose of the council shall be IS the same as that of the11
1094	1094	governor's council for educator effectiveness established by executive12
1095	1095	order, and shall be IS to consider options and make recommendations to13
1096	1096	the state board and the general assembly that seek to ensure that all14
1097	1097	licensed EDUCATION personnel are:15
1098	1098	(3) The council shall have HAS the following duties:16
1099	1099	(c) On or before March 1, 2011, to provide the state board with17
1100	1100	recommendations that will ensure development of a set of guidelines for18
1101	1101	establishing performance standards for each category of licensed19
1102	1102	EDUCATION personnel to be evaluated pursuant to this article ARTICLE 9.20
1103	1103	The guidelines shall MUST outline criteria to be applied in assigning21
1104	1104	educators to appropriate performance standards, which shall MUST22
1105	1105	include measures of student longitudinal academic growth.23
1106	1106	(k) O
1107	1107	N OR BEFORE JULY 1, 2024, THE COUNCIL SHALL MAKE24
1108	1108	RECOMMENDATIONS TO THE STATE BOARD TO INCORPORATE THE25
1109	1109	INSTITUTE AND INSTITUTE CHARTER SCHOOLS , AS NECESSARY, WITHIN THE26
1110	1110	RECOMMENDATIONS DESCRIBED IN SUBSECTIONS (3)(a) TO (3)(i) OF THIS27
1111	1111	HB24-1363
1112	1112	-35- SECTION.1
1113	1113	(5) The council's recommendations may include changes to2
1114	1114	existing statutes or rules, if appropriate, as well as recommendations for3
1115	1115	local
1116	1116	OR INSTITUTE implementation.4
1117	1117	(6) In making its recommendations, the council shall include the5
1118	1118	effect of district-
1119	1119	DISTRICT-LEVEL, INSTITUTE-LEVEL, and school-level6
1120	1120	conditions, as measured by the nine performance standards set forth in the7
1121	1121	comprehensive appraisal for the district
1122	1122	OR INSTITUTE improvement rubric8
1123	1123	and biannual teaching, empowering, leading, and learning initiative9
1124	1124	survey of school working conditions, as well as any additional methods10
1125	1125	of assessing such
1126	1126	THE conditions identified by the council as valid,11
1127	1127	transparent, and reliable.12
1128	1128	(10.5) O
1129	1129	N OR BEFORE SEPTEMBER 1, 2024, THE STATE BOARD13
1130	1130	SHALL PROMULGATE RULES WITH REGARD TO THE COUNCIL14
1131	1131	RECOMMENDATIONS MADE PURSUANT TO SUBSECTION (3)(k) OF THIS15
1132	1132	SECTION. IF THE COUNCIL FAILS TO MAKE RECOMME NDATIONS TO THE16
1133	1133	STATE BOARD BY JULY 1, 2024, THE STATE BOARD SHALL, ON OR BEFORE17
1134	1134	S
1135	1135	EPTEMBER 1, 2024, PROMULGATE RULES CONCERNING INCORPORATION18
1136	1136	OF THE INSTITUTE AND INSTITUTE CHARTER SCHOOLS , AS NECESSARY,19
1137	1137	WITHIN THE RULES PROMULGATED FROM RECOMMENDATIONS IN20
1138	1138	SUBSECTIONS (3)(a) TO (3)(i) OF THIS SECTION.21
1139	1139	(11) On or before November 1, 2011,
1140	1140	The department shall create22
1141	1141	and make available to school districts, and boards of cooperative services,23
1142	1142	AND THE INSTITUTE a resource bank that identifies assessments, processes,24
1143	1143	tools, and policies that a school district, or A board of cooperative25
1144	1144	services,
1145	1145	OR THE INSTITUTE may use to develop an evaluation system that26
1146	1146	addresses the provisions of this section. The department shall include27
1147	1147	HB24-1363
1148	1148	-36- resources that are appropriate to school districts and boards of1
1149	1149	cooperative services,
1150	1150	AND FOR THE INSTITUTE TO APPLY TO INSTITUTE2
1151	1151	CHARTER SCHOOLS, of different sizes, demographics, and locations. The3
1152	1152	department shall update the resource bank at least annually to reflect new4
1153	1153	research and ongoing experience in Colorado.5
1154	1154	(11.5) N
1155	1155	OTWITHSTANDING SUBSECTION (12) OF THIS SECTION, ON6
1156	1156	OR BEFORE SEPTEMBER 1, 2024, THE STATE BOARD SHALL PROMULGATE ,7
1157	1157	AMEND, OR REPEAL RULES AS NECESSARY TO ENSURE APPLICATION TO8
1158	1158	EDUCATION PERSONNEL.9
1159	1159	SECTION 22. In Colorado Revised Statutes, 22-9-106, amend10
1160	1160	(1) introductory portion, (1)(a), (1)(b), (1)(c)(II), (1)(c)(III), (1)(d)11
1161	1161	introductory portion, (1)(d)(III), (1)(d)(IV), (1)(d)(V)(B), (1)(e)(II),12
1162	1162	(1)(e)(III), (1)(e)(IV), (1)(f), (1.5)(a), (1.5)(b), (1.5)(c)(I), (1.5)(c)(II)13
1163	1163	introductory portion, (1.5)(c)(II)(C), (1.5)(c)(III) introductory portion,14
1164	1164	(1.5)(c)(III)(B), (1.5)(d), (2), (2.5)(b)(I), (2.5)(c) introductory portion,15
1165	1165	(2.5)(c)(II), (3)(a)(II), (3)(b), (3.2)(b), (3.3), (4)(a), (4)(c), (4.5)(b), (5),16
1166	1166	(6), (7)(b), and (7)(c); and add (1)(e)(V) as follows:17
1167	1167	22-9-106. Local boards of education and institute - duties -18
1168	1168	performance evaluation system - compliance - legislative declaration19
1169	1169	- rules - repeal. (1) All school districts and boards of cooperative20
1170	1170	services that employ licensed
1171	1171	EDUCATION personnel, AND THE INSTITUTE21
1172	1172	FOR ALL INSTITUTE CHARTER SCHOOLS THAT EMPLOY EDUCATION22
1173	1173	PERSONNEL, shall adopt a written system to evaluate the employment23
1174	1174	performance of school district, and board of cooperative services,24
1175	1175	licensed AND INSTITUTE CHARTER SCHOOL EDUCATION personnel,25
1176	1176	including all teachers, principals, and administrators, with the exception26
1177	1177	of licensed EDUCATION personnel employed by a board of cooperative27
1178	1178	HB24-1363
1179	1179	-37- services for a period of six weeks or less. In developing the licensed1
1180	1180	EDUCATION personnel performance evaluation system and any2
1181	1181	amendments thereto TO IT, the local board, and board of cooperative3
1182	1182	services,
1183	1183	AND THE INSTITUTE shall comply with subsection (1.5) of this4
1184	1184	section and shall consult with administrators, principals, and teachers5
1185	1185	employed within the district, or
1186	1186	participating districts in a board of6
1187	1187	cooperative services,
1188	1188	OR INSTITUTE CHARTER SCHOOLS; parents; and the7
1189	1189	school district licensed
1190	1190	EDUCATION personnel performance evaluation8
1191	1191	council or the board of cooperative services personnel performance9
1192	1192	evaluation council created pursuant to section 22-9-107. The performance10
1193	1193	evaluation system must address all of the performance standards11
1194	1194	established by rule of the state board and adopted by the general assembly12
1195	1195	pursuant to section 22-9-105.5, and must contain, but need not be limited13
1196	1196	to, the following information:14
1197	1197	(a) The title or position of the evaluator for each licensed15
1198	1198	EDUCATION personnel position to be evaluated;16
1199	1199	(b) The licensed EDUCATION personnel positions to be evaluated,17
1200	1200	which shall include INCLUDING all licensed EDUCATION personnel, all18
1201	1201	part-time teachers as defined in section 22-63-103 (6), and all19
1202	1202	administrators and principals;20
1203	1203	(c) The frequency and duration of the evaluations, which must be21
1204	1204	on a regular basis and of such frequency and duration as to ensure the22
1205	1205	collection of a sufficient amount of data from which reliable conclusions23
1206	1206	and findings may be drawn. At a minimum, the performance evaluation24
1207	1207	system must ensure that:25
1208	1208	(II) Nonprobationary teachers receive at least one observation26
1209	1209	each academic year and one evaluation that results in a written evaluation27
1210	1210	HB24-1363
1211	1211	-38- report pursuant to subsection (3) of this section each academic year1
1212	1212	according to the performance standards established by rule of the state2
1213	1213	board and adopted by the general assembly pursuant to section3
1214	1214	22-9-105.5. Nonprobationary teachers must receive the written evaluation4
1215	1215	report at least two weeks before the last class day of the school year.5
1216	1216	(III) Principals shall receive one evaluation that results in a6
1217	1217	written evaluation report pursuant to subsection (3) of this section each7
1218	1218	academic year according to the performance standards established by rule8
1219	1219	of the state board and adopted by the general assembly pursuant to section9
1220	1220	22-9-105.5.10
1221	1221	(d) The purposes of the evaluation, which must include, but need11
1222	1222	ARE not be limited to:12
1223	1223	(III) Providing the measurement of satisfactory performance for13
1224	1224	individual licensed EDUCATION personnel and serving as documentation14
1225	1225	for an unsatisfactory performance dismissal proceeding under PURSUANT15
1226	1226	TO article 63 of this title TITLE 22;16
1227	1227	(IV) Serving as a measurement of the professional growth and17
1228	1228	development of licensed EDUCATION personnel; and18
1229	1229	(V) (B) Measuring the level of effectiveness of all licensed19
1230	1230	EDUCATION personnel within the school district OR WITHIN INSTITUTE20
1231	1231	CHARTER SCHOOLS.21
1232	1232	(e) (II) The standards set by the local board
1233	1233	OR THE INSTITUTE for22
1234	1234	effective performance for licensed
1235	1235	EDUCATION personnel and the criteria23
1236	1236	to be used to determine whether the performance of each licensed person24
1237	1237	EDUCATION PROFESSIONAL meets the standards and other criteria for25
1238	1238	evaluation for each licensed EDUCATION personnel position evaluated.26
1239	1239	One of the standards for measuring teacher effectiveness must be directly27
1240	1240	HB24-1363
1241	1241	-39- related to classroom instruction and must require that thirty percent of the1
1242	1242	evaluation is determined by the academic growth of the teacher's students.2
1243	1243	The remainder of the evaluation must be based on attainment of the3
1244	1244	quality standards. The FOR SCHOOL DISTRICTS, THE district accountability4
1245	1245	committee shall provide input and recommendations concerning the5
1246	1246	assessment tools used to measure student academic growth as it relates to6
1247	1247	teacher evaluations. The standards must include multiple measures of7
1248	1248	student performance in conjunction with student growth expectations. For8
1249	1249	the purposes of measuring effectiveness, expectations of student9
1250	1250	academic growth must take into consideration diverse factors, including10
1251	1251	but not limited to special education, student mobility, and classrooms with11
1252	1252	a student population in which ninety-five percent meet the definition of12
1253	1253	high-risk student as defined in section 22-7-604.5 (1.5). The performance13
1254	1254	evaluation system must also ensure that the standards and criteria are14
1255	1255	available in writing to all licensed EDUCATION personnel and are15
1256	1256	communicated and discussed by the person being evaluated and the16
1257	1257	evaluator prior to and during the course of the evaluation.17
1258	1258	(III) Except as otherwise provided in subsection (1)(e)(IV)
1259	1259	OR18
1260	1260	(1)(e)(V) of this section, for performance evaluations completed for the19
1261	1261	2023-24 school year and school years thereafter, of the thirty percent of20
1262	1262	a teacher's evaluation that is based on student academic growth, up to ten21
1263	1263	percent may be based on measures of collective student academic growth22
1264	1264	that are based on the performance of all students enrolled at a particular23
1265	1265	grade level within the school in which the teacher is employed or the24
1266	1266	performance of all students enrolled in the school in which the teacher is25
1267	1267	employed, but a teacher's evaluation must not include measures of26
1268	1268	collective student academic growth that are based on the performance of27
1269	1269	HB24-1363
1270	1270	-40- students who are not enrolled in the school in which the teacher is1
1271	1271	employed.2
1272	1272	(IV) (A) For performance evaluations completed for the 2023-243
1273	1273	school year, and school years thereafter, the evaluation of a licensed4
1274	1274	person EDUCATION PROFESSIONAL who has been employed by a school5
1275	1275	district, or board of cooperative services, for one school year or less must6
1276	1276	not include data that was created prior to the date on which the licensed7
1277	1277	person EDUCATION PROFESSIONAL commenced employment with the8
1278	1278	school district or board of cooperative services.9
1279	1279	(B) T
1280	1280	HIS SUBSECTION (1)(e)(IV) IS REPEALED, EFFECTIVE JULY 1,10
1281	1281	2026.11
1282	1282	(V) F
1283	1283	OR PERFORMANCE EVALUATIONS COMPLETED FOR THE12
1284	1284	2024-25
1285	1285	SCHOOL YEAR AND SCHOOL YEARS THEREAFTER , THE13
1286	1286	EVALUATION OF AN EDUCATION PROFESSIONAL WHO HAS BEEN EMPLOYED14
1287	1287	BY A SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, OR INSTITUTE15
1288	1288	CHARTER SCHOOL FOR ONE SC HOOL YEAR OR LESS MUST NOT INCLUDE16
1289	1289	DATA THAT WAS CREATED PRIOR TO THE DATE ON WHICH THE EDUCATION17
1290	1290	PROFESSIONAL STARTED EMPLOYMENT WITH THE SCHOOL DISTRICT ,18
1291	1291	BOARD OF COOPERATIVE SERVICES , OR INSTITUTE CHARTER SCHOOL.19
1292	1292	(f) The methods of evaluation, which
1293	1293	must include, but are not20
1294	1294	limited to, direct observations by the evaluator and a process of21
1295	1295	systematic data-gathering. School districts, and boards of cooperative22
1296	1296	services,
1297	1297	AND THE INSTITUTE are encouraged to experiment, with the23
1298	1298	agreement of their school district
1299	1299	personnel performance evaluation24
1300	1300	councils, with innovative methods of observation, which may include25
1301	1301	observations by mentors or teaching coaches, peers, department leaders,26
1302	1302	and video or digital recording; and a peer assistance and review model27
1303	1303	HB24-1363
1304	1304	-41- that allows licensed EDUCATION personnel to be evaluated by peers who1
1305	1305	are licensed in the same field as the licensed person EDUCATION2
1306	1306	PROFESSIONAL being evaluated and, if feasible, have more than one year3
1307	1307	of experience.4
1308	1308	(1.5) (a) A local board, or board of cooperative services, OR THE5
1309	1309	INSTITUTE may adopt the state model licensed EDUCATION personnel6
1310	1310	performance evaluation system established by the rules promulgated by7
1311	1311	the state board pursuant to section 22-9-105.5 or may develop its own8
1312	1312	local licensed OR INSTITUTE EDUCATION personnel evaluation system that9
1313	1313	complies with the requirements established pursuant to this section and10
1314	1314	the rules promulgated by the state board. If a school district, or board of11
1315	1315	cooperative services,
1316	1316	OR THE INSTITUTE develops its own local licensed
1317	1317	12
1318	1318	OR INSTITUTE EDUCATION personnel evaluation system, the local board,13
1319	1319	or board of cooperative services, OR INSTITUTE, or any interested party14
1320	1320	may submit to the department, or the department may solicit and collect,15
1321	1321	data related to said personnel evaluation system for review by the16
1322	1322	department.17
1323	1323	(b) The department shall monitor school districts', and boards of18
1324	1324	cooperative services',
1325	1325	AND THE INSTITUTE'S implementation of the19
1326	1326	requirements for local licensed
1327	1327	OR INSTITUTE EDUCATION personnel20
1328	1328	evaluation systems. If, upon initial review by the department, the data21
1329	1329	submitted or collected pursuant to paragraph (a) of this subsection (1.5)22
1330	1330	SUBSECTION (1.5)(a) OF THIS SECTION indicates that a school district, or23
1331	1331	board of cooperative services,
1332	1332	OR THE INSTITUTE is unable to implement24
1333	1333	a local licensed
1334	1334	OR INSTITUTE EDUCATION personnel evaluation system25
1335	1335	that meets the objectives of this article ARTICLE 9, the department shall26
1336	1336	conduct a more thorough review of the school district's, or board of27
1337	1337	HB24-1363
1338	1338	-42- cooperative services', OR THE INSTITUTE'S processes and procedures for1
1339	1339	said THE evaluation system to ensure that it is professionally sound;2
1340	1340	results in fair, adequate, and credible evaluations; satisfies the quality3
1341	1341	standards established by rule of the state board in a manner that is4
1342	1342	appropriate to the size, demographics, and location of the local board, or5
1343	1343	board of cooperative services,
1344	1344	OR INSTITUTE CHARTER SCHOOLS ; and is6
1345	1345	consistent with the goals, objectives, and intent of this article
1346	1346	ARTICLE 9.7
1347	1347	(c) (I) Pursuant to section 22-11-206 (4)(b), if the department has8
1348	1348	reason to believe that a local licensed OR INSTITUTE EDUCATION personnel9
1349	1349	evaluation system developed by a local board, or board of cooperative10
1350	1350	services,
1351	1351	OR THE INSTITUTE is not in substantial compliance with one or11
1352	1352	more of the applicable statutory or regulatory requirements of this article
1353	1353	12
1354	1354	ARTICLE 9, the department shall notify the local board, or board of13
1355	1355	cooperative services,
1356	1356	OR THE INSTITUTE that it has ninety days after the14
1357	1357	date of the notice to bring its local licensed
1358	1358	OR INSTITUTE EDUCATION15
1359	1359	personnel evaluation system into compliance. The department shall work16
1360	1360	collaboratively with the school district, or board of cooperative services,17
1361	1361	OR THE INSTITUTE during the ninety-day period to bring the local licensed18
1362	1362	OR INSTITUTE EDUCATION personnel evaluation system into compliance19
1363	1363	with the applicable statutory or regulatory requirements.20
1364	1364	(II) If, at the end of the ninety-day period, the department finds21
1365	1365	that the local licensed OR INSTITUTE EDUCATION personnel evaluation22
1366	1366	system is not substantially in compliance with the applicable statutory or23
1367	1367	regulatory requirements, the department shall determine the appropriate24
1368	1368	remedies to correct the identified areas of noncompliance, including, but25
1369	1369	not limited to:26
1370	1370	(C) As a last resort, requiring the school district, or board of27
1371	1371	HB24-1363
1372	1372	-43- cooperative services, OR THE INSTITUTE to implement some or all of the1
1373	1373	state model system. A school district, or board of cooperative services, OR2
1374	1374	THE INSTITUTE shall only be required to implement those aspects of the3
1375	1375	state model system that are deemed necessary to bring the local licensed4
1376	1376	OR INSTITUTE EDUCATION personnel evaluation system into compliance.5
1377	1377	(III) If the department determines that the noncompliance is6
1378	1378	substantial enough to call into question the validity of the educator7
1379	1379	evaluation ratings, the department may take appropriate action that may8
1380	1380	include invalidating the school district's, or board of cooperative services',9
1381	1381	OR THE INSTITUTE'S educator ratings for the evaluation cycles in question.10
1382	1382	If the department determines that the noncompliance requires invalidating11
1383	1383	the school district's, or board of cooperative services', OR THE INSTITUTE'S12
1384	1384	educator ratings:13
1385	1385	(B) A teacher who received a rating of partially effective or14
1386	1386	ineffective shall receive a "no score" rating for the year in question.15
1387	1387	However, if in the following academic year, the department determines16
1388	1388	that the school district's, or board of cooperative services', OR INSTITUTE'S17
1389	1389	local licensed OR INSTITUTE EDUCATION personnel evaluation system is18
1390	1390	compliant with the requirements of this article ARTICLE 9 and the teacher19
1391	1391	receives a performance evaluation rating of ineffective or partially20
1392	1392	effective, this rating shall have HAS the consequence of a second21
1393	1393	consecutive ineffective rating.22
1394	1394	(d) The general assembly finds that, for purposes of section 17 of23
1395	1395	article IX of the state constitution, the review of local licensed OR24
1396	1396	INSTITUTE EDUCATION personnel evaluation systems as provided for in25
1397	1397	this subsection (1.5) is an important component of an accountable26
1398	1398	program to meet state academic standards and, therefore, may be funded27
1399	1399	HB24-1363
1400	1400	-44- from moneys MONEY in the state education fund created in section 17 (4)1
1401	1401	of article IX of the state constitution.2
1402	1402	(2) In implementing such evaluation system and procedures, the3
1403	1403	school district, or board of cooperative services, OR THE INSTITUTE shall4
1404	1404	conduct all evaluations so as to observe the legal and constitutional rights5
1405	1405	of licensed EDUCATION personnel, and no evaluation information shall6
1406	1406	NOT be gathered by electronic devices without the consent of the licensed7
1407	1407	EDUCATION personnel. No Informality in any evaluation or in the manner8
1408	1408	of making or recording any evaluation shall
1409	1409	NOT invalidate such9
1410	1410	evaluation.10
1411	1411	(2.5) (b) (I) The council shall actively participate with the local11
1412	1412	board
1413	1413	OR THE INSTITUTE in developing written standards for evaluation12
1414	1414	that clearly specify performance standards and the quality standards and13
1415	1415	the criteria to be used to determine whether the performance of each14
1416	1416	licensed person
1417	1417	EDUCATION PROFESSIONAL meets such standards pursuant15
1418	1418	to subsection (1)(e) of this section.16
1419	1419	(c) Notwithstanding any provision of paragraph (e) of subsection17
1420	1420	(1) SUBSECTION (1)(e) of this section or subsection (7) of this section to18
1421	1421	the contrary:19
1422	1422	(II) A local board
1423	1423	OR THE INSTITUTE may use the results of state20
1424	1424	assessments administered pursuant to section 22-7-1006.3 as a measure21
1425	1425	of student academic growth for evaluations prepared for the school year22
1426	1426	in which the assessments are administered only if the local board
1427	1427	OR THE23
1428	1428	INSTITUTE receives the results by the date by which probationary teachers24
1429	1429	and nonprobationary teachers must receive the written evaluation report25
1430	1430	as provided in paragraph (c) of subsection (1)
1431	1431	SUBSECTION (1)(c) of this26
1432	1432	section. If a local board
1433	1433	OR THE INSTITUTE does not receive the results of27
1434	1434	HB24-1363
1435	1435	-45- state assessments in time to use them in the written evaluation report1
1436	1436	prepared for the school year in which the assessments are administered,2
1437	1437	the local board shall use the results of the state assessments as measures3
1438	1438	of student academic growth for educator evaluations and professional4
1439	1439	development in the school year following the school year in which the5
1440	1440	assessments are administered. In any year in which a local board
1441	1441	OR THE6
1442	1442	INSTITUTE does not receive the state assessment results by the deadline for7
1443	1443	the written evaluation reports, the local board
1444	1444	OR THE INSTITUTE must use8
1445	1445	alternate measures of student academic growth, including the results of9
1446	1446	local assessments if available.10
1447	1447	(3) (a) An evaluation report shall be issued upon the completion11
1448	1448	of an evaluation made pursuant to this section and must:12
1449	1449	(II) Contain a written improvement plan that is specific as to what13
1450	1450	improvements, if any, are needed in the performance of the licensed
1451	1451	14
1452	1452	EDUCATION personnel and clearly sets forth recommendations for15
1453	1453	improvements, including recommendations for additional education and16
1454	1454	training; during the licensed person's license renewal process;17
1455	1455	(b) A school district, or board of cooperative services, OR THE18
1456	1456	INSTITUTE shall complete the written evaluations for all licensed19
1457	1457	EDUCATION personnel employed by the school district, or board of20
1458	1458	cooperative services,
1459	1459	OR AN INSTITUTE CHARTER SCHOOL and shall report21
1460	1460	the final performance ratings for all licensed
1461	1461	EDUCATION personnel who22
1462	1462	were evaluated to the department no later than October 15 of the school23
1463	1463	year following the school year for which the evaluations are completed.24
1464	1464	(3.2) (b) In addition to the items specified in subsection (3) of this25
1465	1465	section, each principal's evaluation shall MUST include input from the26
1466	1466	teachers employed in the principal's school and may include input from27
1467	1467	HB24-1363
1468	1468	-46- the students enrolled in the school and their parents. Each school district1
1469	1469	AND THE INSTITUTE shall specify the manner in which input from teachers2
1470	1470	and from students and parents, if any, is collected but shall ensure that the3
1471	1471	information collected remains anonymous and confidential. 4
1472	1472	(3.3) Each principal or administrator who is responsible for5
1473	1473	evaluating licensed EDUCATION personnel shall keep records and6
1474	1474	documentation for each evaluation conducted. Each principal and7
1475	1475	administrator who is responsible for evaluating licensed EDUCATION8
1476	1476	personnel shall be evaluated as to how well he or she THE PRINCIPAL AND9
1477	1477	ADMINISTRATOR complies with this section and with the school district's10
1478	1478	OR THE INSTITUTE'S evaluation system.11
1479	1479	(4) (a) Except as provided in subsection (4)(b) of this section, a12
1480	1480	person shall not be IS NOT responsible for the evaluation of licensed13
1481	1481	EDUCATION personnel unless the person has a principal or administrator14
1482	1482	license issued pursuant to article 60.5 of this title 22, or is a designee of15
1483	1483	a person with a principal or administrator license, and has received16
1484	1484	education and training in evaluation skills provided or approved by the17
1485	1485	department that will enable the person to make fair, professional, and18
1486	1486	credible evaluations of the personnel whom the person is responsible for19
1487	1487	evaluating. Pursuant to section 22-9-104 (1.5), the department shall make20
1488	1488	available at no cost to each school district, and board of cooperative21
1489	1489	services,
1490	1490	AND THE INSTITUTE training for persons who are responsible for22
1491	1491	evaluating licensed
1492	1492	EDUCATION personnel. A person shall not be issued23
1493	1493	a principal or administrator license or have a principal or administrator24
1494	1494	license renewed unless the state board determines that the person has25
1495	1495	received education and training provided or approved by the department.26
1496	1496	(c) Each school district, and board of cooperative services, AND27
1497	1497	HB24-1363
1498	1498	-47- THE INSTITUTE is encouraged to provide training to multiple persons to1
1499	1499	serve as evaluators to enable a licensed person EDUCATION PROFESSIONAL2
1500	1500	being evaluated to request an alternative evaluator.3
1501	1501	(4.5) (b) Any person whose performance evaluation includes a4
1502	1502	remediation plan shall be given an opportunity to improve his or her THE5
1503	1503	PERSON'S effectiveness through the implementation of the plan. If the next6
1504	1504	performance evaluation shows that the person is performing effectively,7
1505	1505	no further action shall NEEDS TO be taken concerning the original8
1506	1506	performance evaluation. If the evaluation shows the person is still not9
1507	1507	performing effectively, he or she THE PERSON shall receive written notice10
1508	1508	that his or her THE PERSON'S performance evaluation shows a rating of11
1509	1509	ineffective, a copy of the documentation relied upon in measuring the12
1510	1510	person's performance, and identification of deficiencies. Each school13
1511	1511	district
1512	1512	AND THE INSTITUTE shall ensure that a nonprobationary teacher14
1513	1513	who objects to a rating of ineffectiveness has an opportunity to appeal15
1514	1514	that rating, in accordance with a fair and transparent process developed,16
1515	1515	where applicable, through collective bargaining. At a minimum, the17
1516	1516	appeal process provided shall
1517	1517	MUST allow a nonprobationary teacher to18
1518	1518	appeal the rating of ineffectiveness to the superintendent of the school19
1519	1519	district
1520	1520	OR THE INSTITUTE BOARD and shall place the burden upon the20
1521	1521	nonprobationary teacher to demonstrate that a rating of effectiveness was21
1522	1522	appropriate. The appeal process shall
1523	1523	MUST take no longer than ninety22
1524	1524	days, and the nonprobationary teacher shall MUST not be subject to a23
1525	1525	possible loss of nonprobationary status until after a final determination24
1526	1526	regarding the rating of ineffectiveness is made. For a person who receives25
1527	1527	a performance rating of ineffective, the evaluator shall either make26
1528	1528	additional recommendations for improvement or may recommend the27
1529	1529	HB24-1363
1530	1530	-48- dismissal of the person, which dismissal shall MUST be in accordance with1
1531	1531	the provisions of article 63 of this title TITLE 22 if the person is a teacher2
1532	1532	EMPLOYED BY A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE3
1533	1533	SERVICES. This paragraph (b) shall SUBSECTION (4.5)(b)take TAKES effect4
1534	1534	at such THE time as THE INITIAL PHASE OF IMPLEMENTATION OF the5
1535	1535	performance evaluation system based on quality standards established6
1536	1536	pursuant to this section and the rules promulgated by the state board7
1537	1537	pursuant to section 22-9-105.5 has ARE completed the initial phase of8
1538	1538	implementation and has been implemented statewide. The commissioner9
1539	1539	shall provide notice of such implementation to the revisor of statutes on10
1540	1540	or before July 1, 2014, and each July 1 thereafter until statewide11
1541	1541	implementation occurs.12
1542	1542	(5) The school district, or board of cooperative services, licensed13
1543	1543	OR INSTITUTE EDUCATION personnel performance evaluation system,14
1544	1544	processes, and procedures must be in accord with the rules adopted by the15
1545	1545	state board. The system shall MUST be developed after consultation with16
1546	1546	the school district or board of cooperative services licensed EDUCATION17
1547	1547	personnel performance evaluation council created pursuant to section18
1548	1548	22-9-107 with regard to the planning, development, adoption, and19
1549	1549	implementation of such THE system, and said THE council shall conduct20
1550	1550	a continuous evaluation of said THE system.21
1551	1551	(6) Pursuant to subsection (1.5) of this section, the department22
1552	1552	shall approve REVIEW any school district's, or board of cooperative23
1553	1553	services',
1554	1554	OR THE INSTITUTE'S local licensed
1555	1555	OR INSTITUTE EDUCATION24
1556	1556	personnel performance evaluation system and related processes and25
1557	1557	procedures to determine whether such system, processes, and procedures26
1558	1558	are consistent with this article ARTICLE 9.27
1559	1559	HB24-1363
1560	1560	-49- (7) Every principal must be evaluated using multiple fair,1
1561	1561	transparent, timely, rigorous, and valid methods. The recommendations2
1562	1562	developed pursuant to this subsection (7) must require that thirty percent3
1563	1563	of the evaluation is determined by the academic growth of the students4
1564	1564	enrolled in the principal's school, and the remainder of the evaluation is5
1565	1565	based on the principal's attainment of the quality standards. For6
1566	1566	principals, the quality standards must include, but need not be limited to:7
1567	1567	(b) The number and percentage of licensed EDUCATION personnel8
1568	1568	in the principal's school who are rated as effective or highly effective; and9
1569	1569	(c) The number and percentage of licensed EDUCATION personnel10
1570	1570	in the principal's school who are rated as ineffective but are improving in11
1571	1571	effectiveness.12
1572	1572	SECTION 23. In Colorado Revised Statutes, 22-9-107, amend13
1573	1573	(1), (2), and (3) as follows:14
1574	1574	22-9-107. School district and institute personnel performance15
1575	1575	evaluation councils - duties. (1) T
1576	1576	HE INSTITUTE AND every school16
1577	1577	district and board of cooperative services in the state subject to the17
1578	1578	provisions of this article
1579	1579	ARTICLE 9 shall have an advisory school district18
1580	1580	personnel performance evaluation council, or advisory board of19
1581	1581	cooperative services personnel performance evaluation council, which,20
1582	1582	shall, at a minimum, MUST consist of the following members to be21
1583	1583	appointed by the local board of education, or board of cooperative22
1584	1584	services,
1585	1585	OR INSTITUTE:23
1586	1586	(a) In the case of a school district, one teacher, one administrator,24
1587	1587	and one principal from the school district; one resident from the school25
1588	1588	district who is a parent of a child attending a school within said
1589	1589	THE26
1590	1590	district; and one resident of the school district who is not a parent with a27
1591	1591	HB24-1363
1592	1592	-50- child in the district; or1
1593	1593	(b) In the case of a board of cooperative services, one teacher, one2
1594	1594	administrator, and one principal representative of the school district or3
1595	1595	districts participating in the board of cooperative services; one person4
1596	1596	employed by the board of cooperative services who is defined as licensed5
1597	1597	A MEMBER OF THE EDUCATION personnel; pursuant to section 22-9-1036
1598	1598	(1.5); one resident who is a parent of a child attending a school within7
1599	1599	said THE district or districts; and one resident representative of the school8
1600	1600	district or districts participating in the board of cooperative services who9
1601	1601	is not a parent with a child in said THE district or districts; OR10
1602	1602	(c) I
1603	1603	N THE CASE OF THE INSTITUTE , ONE TEACHER, ONE11
1604	1604	ADMINISTRATOR, AND ONE PRINCIPAL REPRESENTATIVE OF INSTITUTE12
1605	1605	CHARTER SCHOOLS; ONE PERSON WHO IS A PARENT OR LEGAL GUARDIAN13
1606	1606	OF A CHILD ATTENDING AN INSTITUTE CHARTER SCHOOL ; AND ONE14
1607	1607	RESIDENT OF A COMMUNITY WHERE AN INSTITUTE CHARTER SCHOOL IS15
1608	1608	LOCATED WHO IS NOT A PARENT WITH A CHILD ATTENDING AN INSTITUTE16
1609	1609	CHARTER SCHOOL.17
1610	1610	(2) Said
1611	1611	THE council shall consult with the local board or board18
1612	1612	of cooperative services as to the fairness, effectiveness, credibility, and19
1613	1613	professional quality of the licensed EDUCATION personnel performance20
1614	1614	evaluation system and its processes and procedures and shall conduct a21
1615	1615	continuous evaluation of said THE system.22
1616	1616	(3) The council for a school district
1617	1617	OR THE INSTITUTE may be23
1618	1618	composed of any other school district
1619	1619	OR INSTITUTE committee having24
1620	1620	proper membership, as defined in subsection (1) of this section.25
1621	1621	SECTION 24. In Colorado Revised Statutes, 22-9-108, amend26
1622	1622	(1), (2), (3) introductory portion, and (3)(d) as follows:27
1623	1623	HB24-1363
1624	1624	-51- 22-9-108. Evaluator training - universities and colleges -1
1625	1625	duties. (1) (a) The general assembly finds that credible, fair, and2
1626	1626	professional evaluations of licensed EDUCATION personnel depend upon3
1627	1627	high-quality, effective training for principals and administrators that is4
1628	1628	consistent across the state. Therefore, the state board, in evaluating and5
1629	1629	approving educator preparation programs pursuant to section 22-2-109,6
1630	1630	and in approving evaluator training programs provided by a school7
1631	1631	district, or a board of cooperative services, OR THE INSTITUTE, shall ensure8
1632	1632	that said programs meet the requirements specified in this section.9
1633	1633	(b) Every university and college within the state that has a10
1634	1634	principal or administrator preparation program shall ensure that the11
1635	1635	program includes training in the evaluation of licensed EDUCATION12
1636	1636	personnel that meets the requirements specified in this section. In13
1637	1637	addition, the university or college shall cooperate with the state board in14
1638	1638	connection with the state board's duties under PURSUANT TO sections15
1639	1639	22-9-104 and 22-2-109.16
1640	1640	(c) T
1641	1641	HE INSTITUTE, AND every school district and board of17
1642	1642	cooperative services that provides training in the evaluation of licensed
1643	1643	18
1644	1644	EDUCATION personnel shall ensure that such THE training meets the19
1645	1645	requirements specified in this section.20
1646	1646	(2) Each university or college that offers a principal or21
1647	1647	administrator preparation program, or school district, or board of22
1648	1648	cooperative services,
1649	1649	OR THE INSTITUTE that provides evaluator training23
1650	1650	shall structure the evaluator training program on a standards-based skill24
1651	1651	outcome model that takes into account research concerning evaluation of25
1652	1652	licensed
1653	1653	EDUCATION personnel. At a minimum, each evaluator training26
1654	1654	program shall MUST include standards-based performance assessments of27
1655	1655	HB24-1363
1656	1656	-52- each participant, demonstrated competency, and certification by the1
1657	1657	university, college, school district, or board of cooperative services, OR2
1658	1658	THE INSTITUTE of the skills mastered by each participant. The university,3
1659	1659	college, school district, or board of cooperative services, OR THE4
1660	1660	INSTITUTE shall work collaboratively with principals and administrators5
1661	1661	who are responsible for evaluating licensed EDUCATION personnel to6
1662	1662	develop research-based standards for assessing and certifying evaluator7
1663	1663	skills. The university, college, school district, or board of cooperative8
1664	1664	services,
1665	1665	OR THE INSTITUTE shall regularly review both the model for the9
1666	1666	evaluator training program and the program performance standards to10
1667	1667	ensure that they continue to reflect research concerning evaluation of11
1668	1668	licensed
1669	1669	EDUCATION personnel.12
1670	1670	(3) At a minimum, each evaluator training program shall MUST13
1671	1671	include training in the following areas:14
1672	1672	(d) School district
1673	1673	OR INSTITUTE standards and state mandates.15
1674	1674	SECTION 25. In Colorado Revised Statutes, 22-9-109, amend16
1675	1675	(1) introductory portion and (2) as follows:17
1676	1676	22-9-109. Exemption from public inspection.18
1677	1677	(1) Notwithstanding the provisions of
1678	1678	section 24-72-204 (3), C.R.S., the19
1679	1679	evaluation report and all public records as defined in section 24-72-20220
1680	1680	(6), C.R.S., used in preparing the evaluation report shall be ARE21
1681	1681	confidential and shall be ARE available only to the licensed person22
1682	1682	EDUCATION PROFESSIONAL being evaluated, to the duly elected and23
1683	1683	appointed public officials who supervise his or her THE EDUCATION24
1684	1684	PROFESSIONAL'S work, and, IF APPLICABLE, to a hearing officer conducting25
1685	1685	a hearing pursuant to the provisions of section 22-63-302 or the court of26
1686	1686	appeals reviewing a decision of the board of education pursuant to the27
1687	1687	HB24-1363
1688	1688	-53- provisions of section 22-63-302; except that:1
1689	1689	(2) Nothing in this section shall prevent PREVENTS a school2
1690	1690	district, or a board of cooperative services, OR THE INSTITUTE from3
1691	1691	collecting information concerning an individual educator's performance4
1692	1692	evaluation ratings and student assessment results linked to the individual5
1693	1693	educator. A school district, or board of cooperative services, OR THE6
1694	1694	INSTITUTE may use the information collected to fulfill its duties as7
1695	1695	required by law, including reporting this information in the aggregate at8
1696	1696	the state, district, or school level. In such instances, the identity of9
1697	1697	individual educators or students, including, but not limited to, student10
1698	1698	assessments results linked to the individual educator, must otherwise11
1699	1699	remain confidential and must not be published or publicly disclosed in12
1700	1700	any way that would identify an individual educator.13
1701	1701	SECTION 26. In Colorado Revised Statutes, 23-78-105, amend14
1702	1702	(2)(a)(I) as follows:15
1703	1703	23-78-105. Teacher mentor grant program - created -16
1704	1704	standards - report. (2) A partnership consisting of at least one local17
1705	1705	education provider and at least one educator preparation program may18
1706	1706	submit an application for a grant to the department of higher education in19
1707	1707	accordance with guidelines adopted by the department. The department20
1708	1708	shall establish the application requirements, which must include a plan by21
1709	1709	which the applicant intends to sustain the teacher mentor program after22
1710	1710	the grant period ends. In selecting grant recipients, the department shall23
1711	1711	ensure, to the extent practicable, that the grant recipients include24
1712	1712	applicants of varying size from rural, urban, and suburban areas across25
1713	1713	the state. The department may award grants only to those applicants that26
1714	1714	commit to implementing a teacher mentor program that:27
1715	1715	HB24-1363
1716	1716	-54- (a) Recruits only teachers who have at least three years of1
1717	1717	experience teaching and, to the extent practicable:2
1718	1718	(I) Are rated effective or higher through a licensed AN EDUCATION3
1719	1719	personnel performance evaluation system pursuant to article 9 of title 22;4
1720	1720	and5
1721	1721	SECTION 27. Safety clause. The general assembly finds,6
1722	1722	determines, and declares that this act is necessary for the immediate7
1723	1723	preservation of the public peace, health, or safety or for appropriations for8
1724	1724	the support and maintenance of the departments of the state and state9
1725	1725	institutions.10
1726	1726	HB24-1363
1727	1727	-55-