Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0318.01 Jane Ritter SENATE BILL 10-050 SENATE SPONSORSHIP Spence, HOUSE SPONSORSHIP (None), Senate Committees House Committees Education A BILL FOR AN ACT Concerning teacher employment status as it relates to contract renewal, and, in connection therewith, improving teaching quality for students. 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://www.leg.state.co.us/billsummaries.) The bill increases from 3 to 5 years the required length of continuous employment that a probationary teacher shall have before being classified as a nonprobationary teacher. Once a teacher is classified as a nonprobationary teacher, he or she shall be given a 5-year contract that shall be renewed every 5 years thereafter if the teacher receives a satisfactory final cumulative written evaluation report at the end of the 5-year period. If the board of education of the employing school district is not going to renew the nonprobationary teacher's contract, the board will provide written notice to the teacher and provide him or her with the reasons why the contract is not being renewed. The bill makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) While Colorado has made significant progress in improving the recruitment of teachers, little has been done to provide a process for removing ineffective teachers from the classroom; (b) Under Colorado law, a school district is required to enter into a contract with a teacher after three consecutive years of adequate service, giving the teacher tenure or nonprobationary status. Under Colorado law, nonprobationary status has become a right, and it is nearly impossible to take that status away or remove the teacher from his or her job. (c) Colorado superintendents and school district boards of education have expressed frustration with the difficulty in removing nonperforming teachers from the classroom, describing the process as complex, time-consuming, and legally challenging; and (d) Tenure rules and laws exist to ensure that a struggling teacher has a fair opportunity to improve his or her performance. Current law, however, goes beyond that purpose and becomes an obstacle in removing the teacher and thereby serves to protect jobs rather than children. SECTION 2. 22-9-106 (1) (c) (I) and (1) (c) (II), the introductory portion to 22-9-106 (1) (d), and 22-9-106 (1) (d) (III), Colorado Revised Statutes, are amended to read: 22-9-106. Local boards of education - duties. (1) All school districts and boards of cooperative services that employ licensed personnel, as defined in section 22-9-103 (1.5), shall adopt a written system to evaluate the employment performance of school district and 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 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 shall contain, but shall not be limited to, the following information: (c) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. At a minimum, the performance evaluation system shall ensure that: (I) Probationary teachers receive at least two documented observations and one evaluation that results in a final cumulative written evaluation report pursuant to subsection (3) of this section each academic year; (II) Nonprobationary teachers receive at least one observation each year and one evaluation that results in a final cumulative written evaluation report pursuant to subsection (3) of this section every three five years; (d) The purposes of the final cumulative evaluation report, which shall include but need not be limited to: (III) Providing the measurement of satisfactory performance for individual licensed personnel for the purposes of contract renewal and serving as documentation for an unsatisfactory performance dismissal proceeding under article 63 of this title; SECTION 3. The introductory portion to 22-9-106 (3), Colorado Revised Statutes, is amended, and the said 22-9-106 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH to read: 22-9-106. Local boards of education - duties. (3) An A final cumulative written evaluation report shall be issued upon the completion of an evaluation made pursuant to this section and shall: (h) Provide a recommendation concerning contract renewal for nonprobationary teachers pursuant to section 22-63-203 (2) (a) (II). SECTION 4. 22-63-103 (7), Colorado Revised Statutes, is amended to read: 22-63-103. Definitions. As used in this article, unless the context otherwise requires: (7) "Probationary teacher" means a teacher who has not completed three five full years of continuous employment with the employing school district and who has not been reemployed for the fourth sixth year. SECTION 5. 22-63-203 (1) and (2) (a), the introductory portion to 22-63-203 (2) (b), and 22-63-203 (2) (b) (III), (2) (b) (IV), and (3), Colorado Revised Statutes, are amended to read: 22-63-203. Teachers - renewal and nonrenewal of employment contract. (1) The provisions of this section shall apply only to probationary teachers and shall no longer apply when the teacher has been reemployed for the fourth year. (2) (a) (I) During the first three five school years that a teacher is employed on a full-time continuous basis by a school district, such teacher he or she shall be considered to be a probationary teacher whose employment contract may be subject to nonrenewal in accordance with subsection (4) of this section. A school district may also consider a teacher employed on a part-time continuous basis by such the district and by a board of cooperative services to be a probationary teacher whose contract may be subject to nonrenewal in accordance with subsection (4) of this section. An employment contract with a probationary teacher shall not exceed one school year. (II) After five years of satisfactory employment performance, a probationary teacher shall be considered a nonprobationary teacher. The standards for satisfactory and unsatisfactory employment performance shall be established and made available by the board of education of the teacher's employing school district pursuant to section 22-9-106 (1) (e). An employment contract with a nonprobationary teacher shall be annually renewed for five years with the option to renew after the fifth year if the teacher demonstrates satisfactory employment performance in his or her final cumulative written evaluation report covering the five-year period, as required pursuant to section 22-9-106 (3) (h). If the board of the employing school district does not renew the employment contract of a nonprobationary teacher pursuant to this subparagraph (II), the board shall give the teacher a written notice of contract nonrenewal. A nonprobationary teacher who is given written notice of contract nonrenewal may request and shall receive the reasons for nonrenewal from the chief administrative officer of the employing school district. (b) For purposes of subparagraph (I) of paragraph (a) of this subsection (2): (III) The three five school years of continuous employment required for the probationary period shall not be deemed to be interrupted by the temporary illness of a probationary teacher. A leave of absence approved by the board of a school district or a military leave of absence pursuant to article 3 of title 28, C.R.S., shall not be considered to be an interruption of the continuous employment required for the probationary period, but the time of such leaves of absence shall not be included in computing the required probationary period. (IV) The three five school years of continuous employment required for the probationary period shall not be deemed to be interrupted by the acceptance by a probationary teacher of the position of chief administrative officer in said school district, but the period of time during which such the teacher serves in such capacity shall not be included in computing said the probationary period. (3) A probationary teacher employed by a school district on a full-time basis shall be deemed to be reemployed for the succeeding academic year at the salary that the probationary teacher would be entitled to receive under the general salary schedule, the teacher salary policy, or the combination schedule and policy, whichever is appropriate, unless the board causes gives written notice to the contrary to be given to said the teacher on or before June 1 of the academic year during which said the teacher is employed. Such teacher shall be presumed to have accepted such The board shall presume the teacher has accepted employment for the succeeding academic year unless said the teacher causes gives written notice to the contrary to be given to the board no later than thirty days prior to the commencement of the succeeding academic year. SECTION 6. 22-60.5-111 (7) (a) and (7.5) (e), Colorado Revised Statutes, are amended to read: 22-60.5-111. Authorization - types - applicants' qualifications. (7) Interim authorization. (a) An interim authorization authorizes a school district to employ a person who is certified or licensed, or is eligible for certification or licensure, as a teacher, principal, or administrator in another state and who has not successfully completed the assessment of professional competencies to obtain an initial license under section 22-60.5-201 (1) (b), 22-60.5-301 (1) (a), or 22-60.5-306 (1) (a) but who meets the other requirements for an initial license specified in said sections. An interim authorization is valid for one year, and the department of education may renew the authorization for one additional year. The employing school district may include the period during which a person works under an interim authorization toward the three five full years of continuous employment necessary to cease being a probationary teacher pursuant to section 22-63-103 (7). (7.5) Military spouse interim authorization. (e) The employing school district shall include the period during which a person works under a military spouse interim authorization toward the three five full years of continuous employment necessary to cease being a probationary teacher pursuant to section 22-63-103 (7). SECTION 7. 22-63-202 (3), Colorado Revised Statutes, is amended to read: 22-63-202. Employment contracts - contracts to be in writing - duration - damage provision. (3) A teacher may be suspended temporarily during the contractual period until the date of dismissal as ordered by the board pursuant to section 22-63-302 or may have his or her employment contract cancelled during the contractual period when there is a justifiable decrease in the number of teaching positions. The manner in which employment contracts will be cancelled when there is a justifiable decrease in the number of teaching positions may be included in any contract between the board of education of the school district and school district employees. If there is no such contract provision, when a justifiable reduction in the number of teaching positions within a particular endorsement area occurs, the employment contracts of first-year probationary teachers who are occupying such positions shall be cancelled first. Further reductions in the number of teaching positions through the cancellation of employment contracts of second-year and third-year through fifth-year probationary teachers and nonprobationary teachers shall be made in accordance with an established policy of the board of education of the school district. The provisions of this subsection (3) concerning the cancellation of employment contracts shall not create any property right or contract right, express or implied, for second-year and third-year probationary teachers. SECTION 8. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to persons who have not completed three years of continuous employment with an employing school district as of the applicable effective date of this act.