NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 11-245 BY SENATOR(S) Bacon, Heath, Hudak, Williams S.; also REPRESENTATIVE(S) Murray, Conti, Fields, Fischer, Hamner, Kefalas, Kerr J., Labuda, Massey, Schafer S., Summers, Todd, Vigil. Concerning educator preparation programs at institutions of higher education. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby declares that: (a) A system to evaluate the effectiveness of educator preparation programs at institutions of higher education is crucial to improving the quality of P-12 education in Colorado; (b) The evaluation system shall be applicable to all educator preparation programs at public, private, and proprietary institutions of higher education in the state; and (c) The evaluation system shall be based, when possible, on outcomes, rather than inputs, and should assist educator preparation programs to improve the effectiveness of their graduates by maintaining flexibility and encouraging creativity, rather than being strictly regulatory. (2) The general assembly further declares that the purposes of the evaluation system shall be to: (a) Provide a basis for making decisions in the areas of approving new educator preparation programs proposed by institutions of higher education, reauthorizing existing educator preparation programs at institutions of higher education, and holding institutions of higher education accountable for addressing areas for improvement identified during the review process; (b) Assist educator preparation programs at institutions of higher education in complying with federal laws, national educator preparation standards and accreditation, and new state laws and policies regarding aligning the P-20 continuum; (c) Assist educator preparation programs in ensuring alignment with state board of education rules regarding the preparation and licensing of candidates, new P-12 academic standards and postsecondary and workforce readiness, and other state laws and policies that impact P-12 education and the preparation of educators; (d) Assist educator preparation programs in responding to state needs by helping to ensure the preparation of effective educators in high- needs content areas and high-needs regions of the state and who are able to respond to the needs of local education agencies; and (e) Assist the department of higher education and the department of education in serving educator preparation programs as a clearing house for best practices and information and other data that educator preparation programs can use for self-improvement and in complying with the reporting requirements of Senate Bill 10-036, enacted in 2010. SECTION 2. 23-1-121, Colorado Revised Statutes, is amended to read: 23-1-121. Commission directive - approval of educator preparation programs - review. (1) As used in this section, unless the context otherwise requires: (a) "Approved teacher educator preparation program" means a teacher an educator preparation program that has been reviewed pursuant to the provisions of this section and has been determined by the commission to meet the performance-based standards established by the commission pursuant to this section and the requirements of section 23-1-108. and to be designed and implemented in accordance with the requirements of the "Higher Education Quality Assurance Act", article 13 of this title. (a.5) "Candidate" means a person who is participating in an initial, advanced, or other preparation program for education professionals in order to enter the education profession. (b) "Institution of higher education" means a public, institution of higher education within the state system of higher education private, or proprietary postsecondary institution authorized by the commission to offer educator preparation programs. (c) "Teacher candidate" means a person who is participating in a teacher preparation program in order to enter the teaching profession. (d) "Teacher preparation program" or "program" means a program of study specifically designed to prepare teacher candidates to provide high quality instruction for students. "Program" means a planned sequence of undergraduate, post-baccalaureate, or graduate courses and experiences for the purpose of preparing teachers and other school professionals to be effective educators in pre-kindergarten through twelfth grade settings. A program may lead to a degree, a recommendation for a state license by the department of education, both, or neither. (e) "Unit" means the college, school, department, or other administrative body in a college, university, or other organization with the responsibility for managing or coordinating all programs offered for the initial and advanced preparation of educators, regardless of where the programs are administratively housed in an institution. (2) The commission shall adopt policies establishing the requirements for teacher educator preparation programs offered by institutions of higher education. The department shall work in cooperation with the state board of education in developing the requirements for teacher educator preparation programs. At a minimum, the requirements shall ensure that each teacher educator preparation program may be completed within four academic years complies with section 23-1-125, is designed on a performance-based model, and includes: (a) A comprehensive admission system that includes screening of and counseling a candidate's dispositions for the field in which he or she is seeking licensure, consideration of a candidate's academic preparation for entry into his or her desired endorsement area or areas, and preadmission advising for students who are considering becoming teacher candidates. The department shall work in collaboration with the programs to define any dispositions considered to be appropriate for educators. (b) Ongoing advising and screening and counseling of teacher of candidates by practicing teachers educators or faculty members; (c) Course work and field-based training that integrates theory and practice and educates teacher candidates in the methodologies, practices, and procedures of teaching standards-based education, as described in parts 4 and 10 of article 7 of title 22, C.R.S., and specifically in teaching to the state model content academic standards adopted pursuant to section 22-7-406, C.R.S., or, beginning December 15, 2012, teaching to the state preschool through elementary and secondary education standards adopted pursuant to section 22-7-1005, C.R.S.; (d) A requirement that each teacher candidate complete during the course of the teacher preparation program, each teacher candidate in an initial licensure program complete a minimum of eight hundred hours, of each principal and administrator candidate complete a minimum of three hundred hours, and each other advanced degree or add-on endorsement candidate complete appropriate supervised field-based experience that relates to predetermined learning standards and includes best practices and national norms related to the candidate's endorsement; (e) A requirement that each teacher candidate, prior to graduation, must demonstrate the skills required for licensure, as specified by rule of the state board of education pursuant to section 22-2-109 (3), C.R.S., in the manner specified by rule of the state board; (f) Comprehensive, ongoing assessment including evaluation of each teacher candidate's subject matter and professional knowledge and ability to demonstrate skill in applying the professional knowledge base. (3) The commission shall also adopt policies to ensure that each teacher educator preparation program offered by an institution of higher education includes implementation of procedures to monitor and improve the effectiveness of the program, as well as the effectiveness of its graduates pursuant to section 22-9-105.5, C.R.S., including at a minimum the following: (a) Periodic review by the institution of higher education offering the teacher educator preparation program to ensure that the program meets the requirements specified by the commission pursuant to this section; (b) Implementation of a procedure for collecting and reviewing evaluative data concerning the teacher educator preparation program, and which shall include periodic surveys of graduates and employers and educator identifier system data, pursuant to section 22-68.5-102.5, C.R.S., for modifying the program as necessary in response to the data collected; (c) Implementation of a procedure for reviewing the scores achieved on the professional competency assessments required pursuant to section 22-60.5-201, C.R.S., by teacher candidates enrolled in and graduating from the program and modifying the teacher preparation program as necessary to improve those scores; (d) Implementation of an institutional reward system for faculty and supervisors involved in the teacher preparation program that supports and encourages field-based activity. (4) (a) (I) The department, in conjunction with the state board department of education, shall review each teacher educator preparation program offered by an institution of higher education or a private institution of higher education as provided in paragraph (b) of this subsection (4) and shall establish a schedule for review of each teacher educator preparation program that ensures each program is reviewed as provided in this section not more frequently than once every five years. (II) (Deleted by amendment, L. 2008, p. 1476,  16, effective May 28, 2008.) (III) An institution of higher education that chooses to offer a new teacher educator preparation program or modify an existing program, either by significantly modifying the content or modifying the geographic area in which the program is offered, shall submit the new or modified program to the department for review pursuant to this section. The commission shall adopt policies and procedures for the review of new and modified programs. (b) Each program review conducted pursuant to paragraph (a) of this subsection (4) shall ensure that the program meets the minimum requirements adopted pursuant to subsections (2) and (3) of this section and the requirements of section 23-1-108 and any policies adopted pursuant thereto. In addition, the department shall ensure that the program is designed and implemented in accordance with the requirements of the "Higher Education Quality Assurance Act", article 13 of this title, for institutions of higher education that are subject to said act. In determining whether to initially approve or continue the approval of a teacher an educator preparation program, the commission shall consider any recommendations made by the state board of education pursuant to section 22-2-109 (5), C.R.S., concerning the effectiveness of the program content. If the state board of education recommends that a program not be approved, the commission shall follow the recommendation by refusing initial approval of the program or placing the program on probation. (c) The department shall work cooperatively with each institution of higher education or a private institution of higher education that offers a teacher an educator preparation program shall submit to the department to obtain any data requested by the department to determine the admission and enrollment patterns, completion rates, and effectiveness of educator preparation programs offered by the institution. In addition, each institution of higher education shall, upon request from the department, prepare and submit an annual report to assist the department in reviewing the teacher educator preparation program programs pursuant to this section. The department shall collaborate with representatives from the governing boards of each institution of higher education and representatives from private institutions that offer teacher educator preparation programs in specifying the information to be included in the annual report. (d) Following review of a teacher an educator preparation program, if the commission determines that the program does not meet the requirements specified in paragraph (b) of this subsection (4), it shall place the program on probation. The commission shall adopt policies specifying the procedures for placing a program on probation and for subsequently terminating a program, including a procedure for appeal. A teacher preparation program that is placed on probation shall not accept new students until the commission removes the teacher preparation program from probationary status. If the commission determines that termination of the approval of a teacher preparation program is necessary, the program shall be terminated within four years after said determination. If the commission places a program on probation based on the recommendation of the state board of education, the commission shall consult with the state board of education in determining whether the program should be reapproved or whether approval should be terminated. (e) The commission shall adopt policies and procedures, including a procedure for appeal, to discontinue any educator preparation program at an institution of higher education that has not had any candidate successfully graduate during the previous five years. (5) The commission, upon the request of a nonpublic institution that provides a teacher preparation program, shall approve the program upon: (a) Receipt of confirmation by the state board of education that the program content is designed and implemented in a manner that will enable a teacher candidate to meet the requirements specified by the state board of education pursuant to section 22-2-109 (3), C.R.S., and the requirements for licensure endorsement adopted by rule of the state board of education pursuant to section 22-60.5-106, C.R.S.; and (b) Confirmation that the program contains the requirement of a minimum of eight hundred hours of supervised field-based experience including, but not limited to, supervised field-based experience gained prior to admission to the teacher preparation program, general field-based experience, and student teaching. (6) The department shall annually prepare a report concerning the enrollment in, graduation rates from, and effectiveness of the review of teacher educator preparation programs conducted pursuant to this section and shall provide notice to the education committees of the senate and the house of representatives, or any successor committees, that the report is available to committee members upon request authorized by the commission. In addition the report shall include data on the outcomes of graduates of educator preparation programs pursuant to section 22-68.5-102, C.R.S. The report shall also state the percentage of teacher educator candidates graduating from each teacher preparation program during the preceding twelve months that applied for and received an initial teacher license pursuant to section 22-60.5-201, C.R.S., and the percentage of the graduates who passed the assessments administered pursuant to section 22-60.5-203, C.R.S. and the number of individuals participating in alternative teacher programs that are collaborating or affiliated with institutions of higher education pursuant to section 22-60.5-205, C.R.S. The education committees of the senate and the house of representatives, or any successor committees, shall consider the report in a joint meeting held pursuant to section 22-60.5-116.5, C.R.S. For purposes of completing the report required pursuant to this subsection (6), as well as the report required pursuant to section 22-68.5-102.5, C.R.S., the department of higher education and the department of education shall share any relevant data that complies with state and federal regulations with the other agency. The department shall provide notice to the education committees of the senate and the house of representatives, or any successor committees, that the report is available to the members of the committees upon request. (7) The general assembly encourages the department to collaborate with national accrediting bodies of educator preparation and to offer concurrent and joint site visits to educator preparation programs at institutions of higher education to the extent feasible. (8) On or before December 30, 2013, the commission shall review the provisions of this section and any associated commission policies and make recommendations for a new system to review, evaluate, and assist educator preparation programs regarding the requirements of Senate Bill 08-212, enacted in 2008, Senate Bill 10-191, enacted in 2010, House Bill 09-1065, enacted in 2009, and Senate Bill 10-036, enacted 2010. SECTION 3. Repeal. 23-1-121.3, Colorado Revised Statutes, is repealed as follows: 23-1-121.3. Commission directive - principal and administrator preparation programs. The general assembly hereby finds and declares that state-supported institutions of higher education that provide approved programs of preparation for principals or administrators must ensure that persons completing such programs receive sufficient training to successfully meet the challenges of managing a school or school district. Therefore, the commission shall adopt the necessary policies to require any state-supported institution of higher education that offers an approved program of preparation for principals or administrators to include in such program proficiencies in the principles of business management and budgeting practices and in the analysis of student assessment data and its use in planning for student instruction. In adding said proficiencies to any existing program of preparation, the institution of higher education shall ensure that said proficiencies are incorporated into the preparation program in such a manner that they do not increase the number of credit hours each student must complete for graduation nor increase the cost to the institution or to the student of providing the preparation program. SECTION 4. 22-2-109 (1) (j), (5), and (7) (a), Colorado Revised Statutes, are amended to read: 22-2-109. State board of education - additional duties - teacher standards - principal standards. (1) The state board of education shall: (j) Conduct or arrange for research pertinent or essential to implement the provisions of article 60.5 of this title, including but not limited to teacher educator licensure and teacher educator preparation programs in institutions of higher education; (5) (a) The state board shall review the content of teacher educator preparation programs offered by institutions of higher education within the state. Such review shall be designed to ensure that the content of each program is designed and implemented in a manner that will enable a teacher candidate to meet the requirements specified by the state board pursuant to subsection (3) of this section and the requirements for licensure endorsement adopted by rule of the state board pursuant to section 22-60.5-106. The state board shall recommend to the Colorado commission on higher education that a program not be approved pursuant to section 23-1-121, C.R.S., if it determines that the program content does not meet the requirements specified in subsection (3) of this section or the endorsement requirements. (b) Upon the request of a nonpublic institution that provides a teacher an educator preparation program, the state board shall review the content of the program to determine whether the program content is designed and implemented in a manner that will enable a teacher candidate to meet the requirements specified by the state board of education pursuant to subsection (3) of this section, and the requirements for licensure endorsement adopted by rule of the state board pursuant to section 22-60.5-106. Upon completion of the review, the state board shall notify the Colorado commission on higher education concerning whether the program content meets said requirements. (7) (a) Beginning with the 2006-07 school year and annually thereafter, the state board shall direct the department to survey the superintendents of the school districts of the state who employ principals who hold a principal authorization or an initial principal license or who obtain a professional principal license without first holding an initial principal license and who are in their first three years of employment as a principal. The department shall base the survey questions on the performance-based principal licensure standards adopted by the state board pursuant to subsection (6) of this section. The department shall design the survey to solicit information by which to measure the quality and effectiveness of the principal preparation programs that are approved by the Colorado commission on higher education pursuant to section 23-1-121.3, C.R.S., and other alternative forms of principal preparation and to solicit information from superintendents concerning the principal licensure standards. SECTION 5. 22-2-133 (2), Colorado Revised Statutes, is amended to read: 22-2-133. Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report. (2) The department is encouraged to coordinate any technical assistance and training provided with current best practices and work occurring in teacher preparation programs at state institutions of higher education. Where appropriate, the department is encouraged to provide technical assistance and training to school districts, administrative units, residential treatment facilities, correctional facilities, and local education agencies in a coordinated effort with teacher preparation programs at state institutions of higher education. The department and state institutions of higher education are encouraged to work collaboratively to develop or affirm minimum standards for teacher preparation programs in the areas of literacy assessment and instructional skills, including dyslexia awareness, identification, and remediation for general and special education. SECTION 6. 22-7-303 (2) (c) (I), Colorado Revised Statutes, is amended to read: 22-7-303. Colorado state advisory council for parent involvement in education - created - membership. (2) The council shall consist of the following members: (c) Two persons appointed by the executive director of the department of higher education as follows: (I) One person with expertise in implementing an approved teacher educator preparation program, as defined in section 23-1-121 (1) (a), C.R.S., at an institution of higher education in this state; and SECTION 7. 22-7-702 (1) (b), Colorado Revised Statutes, is amended to read: 22-7-702. Legislative declaration. (1) The general assembly hereby finds that: (b) While teacher educator preparation programs offered by institutions of higher education may provide teacher candidates with the basic knowledge necessary to enter the classroom, ongoing development through school-based, skills-development activities is necessary to enable teachers educators to develop excellent teaching skills; SECTION 8. 22-7-1018 (1) (c) (VII), Colorado Revised Statutes, is amended to read: 22-7-1018. Cost study. (1) (c) At a minimum, the cost study shall address the costs associated with: (VII) Reviewing, adopting, and implementing standards in teacher educator preparation programs to incorporate the preschool through elementary and secondary education standards, the school readiness description, the system of assessments, the individualized readiness plans, the postsecondary and workforce readiness description, and the postsecondary and workforce planning, preparation, and readiness assessments. SECTION 9. 22-60.5-116.5 (1) (a) and (1) (b), Colorado Revised Statutes, are amended to read: 22-60.5-116.5. Education committees - evaluation of educator preparation programs - biennial joint meeting. (1) (a) The committees on education of the house of representatives and the senate, or any successor committees, shall biennially hold a joint meeting to assess the reports received concerning the effectiveness of the approved teacher educator preparation programs offered by accepted institutions of higher education in the state and the reports of the survey of superintendents conducted by the department of education and submitted by the state board of education pursuant to section 22-2-109 (7). (b) At the meeting, the committees shall consider the reports on the review of approved teacher educator preparation programs received from the Colorado commission on higher education pursuant to section 23-1-121 (6), C.R.S. The committees shall take testimony from representatives of the institutions of higher education that provide the teacher educator preparation programs, the state board of education, the Colorado commission on higher education, and from any other interested persons. Based on the review of said reports and any testimony received, the committees shall assess whether the approved teacher educator preparation programs are adequately preparing teacher candidates to meet the performance-based teacher educator licensure standards adopted by rule of the state board of education pursuant to section 22-2-109 (3). In addition, the committees shall assess whether each approved teacher educator preparation program is being implemented in accordance with the requirements of the "Higher Education Quality Assurance Act", article 13 of title 23, C.R.S. SECTION 10. 22-60.5-203 (5), Colorado Revised Statutes, is amended to read: 22-60.5-203. Assessment of professional competencies - rules. (5) The state board of education shall, by rule, establish common credit hour standards for all approved teacher educator preparation programs for the purpose of satisfying subsection (6) of this section. SECTION 11. 22-60.5-205 (2) (c), Colorado Revised Statutes, is amended to read: 22-60.5-205. One-year and two-year alternative teacher programs - legislative declaration - standards and evaluation - duties of department - duties of the state board of education - fees. (2) Designated agencies are hereby authorized to implement one-year alternative teacher programs or two-year alternative teacher programs, which two-year programs were formerly known as teacher in residence programs, as follows: (c) A designated agency that chooses to implement an alternative teacher program may collaborate and contract with an institution of higher education that provides an approved teacher educator preparation program. A contract entered into pursuant to this paragraph (c) shall include, but need not be limited to, the provision of teacher educator preparation courses and subject matter courses as necessary to comply with the teacher educator preparation program requirements established by the Colorado commission on higher education pursuant to section 23-1-121, C.R.S. SECTION 12. 22-61.5-104 (2) (b) (V), Colorado Revised Statutes, is amended to read: 22-61.5-104. Colorado teacher of the year program - created - administration - rules. (2) The state board shall adopt rules necessary for the creation and implementation of the program. Elements of the program may include, but need not be limited to, the following: (b) During his or her tenure as Colorado teacher of the year, the award recipient may participate in activities that may include, but need not be limited to: (V) Mentoring students in teacher educator preparation programs and supporting newer teachers in Colorado; SECTION 13. 22-68-104 (4) (c), Colorado Revised Statutes, is amended to read: 22-68-104. Quality teachers commission - creation - membership - duties. (4) The commission's duties for the first year shall include, at a minimum: (c) Identifying positive uses for the data gleaned from a teacher identifier system to improve teaching and learning, including but not limited to improvement of teacher educator preparation programs, teacher induction, professional development, working conditions, and mentor programs. SECTION 14. Repeal. 23-1-121.5, Colorado Revised Statutes, is repealed. SECTION 15. Repeal. 23-1-121.7 (3), Colorado Revised Statutes, is repealed. SECTION 16. 23-3.3-901 (2) (a) and (4) (a), Colorado Revised Statutes, are amended to read: 23-3.3-901. Teach Colorado grant initiative created - award of grants - legislative declaration. (2) As used in this part 9, unless the context otherwise requires: (a) "Approved teacher educator preparation program" means an approved teacher educator preparation program as defined in section 23-1-121 (1) (a). (4) In awarding grants through the teach Colorado grant initiative, the department shall give special consideration to scholarships that: (a) Are designed to create a partnership between two institutions of higher education, one of which does not have an approved teacher educator preparation program but has students who have demonstrated academic excellence in one or more high-need content areas and have expressed an interest in entering the teaching profession; SECTION 17. Act subject to petition - effective date. 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 10, 2011, if adjournment sine die is on May 11, 2011); 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 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ Brandon C. Shaffer Frank McNulty PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO