Educator Performance Evaluations

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1291 LLS NO. 26-0165.04 Jacob Baus x2173 HOUSE SPONSORSHIP Hamrick and Goldstein, SENATE SPONSORSHIP Kolker, House Committees Senate Committees Education A BILL FOR AN ACT CONCERNING MODIFICATIONS TO THE EXECUTION OF LICENSED PERSONNEL PERFORMANCE EVALUATIONS.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Under current law, a local board of education's (local board) or board of cooperative services' (BOCES) licensed personnel employment performance system must ensure that nonprobationary teachers receive one evaluation resulting in a written evaluation report in each academic year. The bill requires that nonprobationary teachers receive one Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

evaluation resulting in a written evaluation report at least once every 3 academic years; except that, if a nonprobationary teacher receives a less than effective rating, the local board or BOCES may require that the nonprobationary teacher receive one evaluation that results in a written evaluation report in the next academic year.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 22-9-102 as follows:

22-9-102. Legislative declaration.

(1) The general assembly hereby declares that:

(a) A system to evaluate EVALUATING the effectiveness of licensed personnel is crucial ESSENTIAL to improving the quality of education in this state and declares that such a system shall be applicable to all licensed personnel in the school districts and boards of cooperative services throughout the state; and INSTRUCTION AND STUDENT OUTCOMES IN PUBLIC SCHOOLS;

(b) The purposes of the evaluation shall be to: LOCAL BOARDS OF EDUCATION AND BOARDS OF COOPERATIVE SERVICES ARE BEST POSITIONED TO DESIGN AND IMPLEMENT EVALUATION SYSTEMS THAT REFLECT LOCAL NEEDS AND STAFFING REALITIES, CONSISTENT WITH GUIDING STATE STANDARDS;

(I) Serve as a basis for the improvement of instruction;

(II) Enhance the implementation of programs of curriculum;

(III) Serve as a measurement of the professional growth and development of licensed personnel; (IV) Evaluate the level of performance based on the effectiveness of licensed personnel; and (V) Provide a basis for making decisions in the areas of hiring, compensation, promotion, assignment, professional development, earning and retaining nonprobationary status, dismissal, and nonrenewal of contract.

(c) REQUIRING ANNUAL FORMAL EVALUATIONS FOR ALL NONPROBATIONARY TEACHERS CAN STRAIN LIMITED ADMINISTRATIVE CAPACITY WITHOUT NECESSARILY IMPROVING INSTRUCTIONAL PRACTICE;

AND

(d) ALLOWING DISTRICTS TO CONDUCT FORMAL EVALUATIONS OF NONPROBATIONARY TEACHERS ON A PERIODIC BASIS, WHILE MAINTAINING ANNUAL EVALUATIONS FOR PROBATIONARY AND LESS THAN EFFECTIVE TEACHERS, IMPROVEMENT, AND ADMINISTRATIVE EFFICIENCY.

SUPPORTS MEANINGFUL FEEDBACK, INSTRUCTIONAL

(2) The general assembly further declares that a professionally sound and credible system to evaluate the effectiveness of licensed personnel shall be designed with the involvement of licensed personnel and citizens of the school district or board of cooperative services THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO GRANT LOCAL SCHOOL BOARDS OR BOARDS OF COOPERATIVE SERVICES FLEXIBILITY REGARDING EVALUATION FREQUENCY AND THE DESIGNATION OF QUALIFIED EVALUATORS WITHIN THEIR LICENSED PERSONNEL EVALUATION SYSTEMS.

(3) The general assembly further declares that the involvement and support of parents of children in public schools, acting as partners with teachers and public school administrators, are key to the educational progress of their children.

SECTION 2. In Colorado Revised Statutes, 22-9-106, amend (1) introductory portion, (1)(c) introductory portion, and (1)(c)(II); and add

(10) as follows: 22-9-106. Local boards of education - duties - performance evaluation system - compliance - rules.

(1) All school districts and boards A LOCAL BOARD OR A BOARD of cooperative services that employ EMPLOYS licensed personnel shall adopt a written system to evaluate the employment performance of school district and OR board of cooperative services licensed personnel, including all teachers, principals, and administrators, with the exception of licensed personnel employed by a board of cooperative services for a period of six weeks or less. In developing the licensed personnel performance evaluation system and any amendments, thereto the local board and board of cooperative services shall comply with subsection (1.5) of this section and shall consult with administrators, principals, and teachers employed within the district or participating districts in a board of cooperative services, parents, and the school district licensed personnel performance evaluation council or the board of cooperative services personnel performance evaluation council created pursuant to section

22-9-107. The performance evaluation system must address all of the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5, and must contain, but need not be limited to, the following information:

(c) The frequency and duration of the evaluations, which must be on a regular basis and of such A frequency and duration as to ensure THAT ENSURES the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. At a minimum, the performance LICENSED PERSONNEL evaluation system must ensure that:

(II) (A) Nonprobationary teachers receive at least one DOCUMENTED observation each academic year and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5. Nonprobationary teachers AT LEAST ONCE EVERY THREE ACADEMIC YEARS. A NONPROBATIONARY TEACHER must receive the written evaluation report at least two weeks before the last class day of the school year IN WHICH THE EVALUATION IS CONDUCTED.

(B) FOR A NONPROBATIONARY TEACHER WHO RECEIVES A LESS THAN EFFECTIVE RATING, THE LOCAL BOARD OR BOARD OF COOPERATIVE SERVICES SHALL REQUIRE THAT THE NONPROBATIONARY TEACHER RECEIVES AT LEAST ONE DOCUMENTED OBSERVATION IN THE NEXT ACADEMIC YEAR AND ONE EVALUATION THAT RESULTS IN A WRITTEN EVALUATION REPORT PURSUANT TO SUBSECTION (3) OF THIS SECTION IN THE NEXT ACADEMIC YEAR.

(10) THIS SECTION, INCLUDING SUBSECTION (1)(c) OF THIS SECTION CONCERNING THE FREQUENCY OF FORMAL EVALUATIONS, DOES NOT PROHIBIT A LOCAL BOARD OR BOARD OF COOPERATIVE SERVICES FROM ADOPTING, OR A SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES FROM IMPLEMENTING AND MAINTAINING, A LICENSED PERSONNEL EVALUATION POLICY OR LICENSED PERSONNEL EVALUATION SYSTEM THAT INCLUDES INFORMAL EVALUATIONS, OBSERVATIONS, COACHING, OR FEEDBACK THAT IS UNRELATED TO THE EVALUATION DESCRIBED IN THIS SECTION BUT THAT IS FOR THE PURPOSE OF SUPPORTING A LICENSED PERSONNEL AND THEIR PROFESSIONAL DEVELOPMENT.

SECTION 3.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.