SENATE Amended 2nd Reading March 4, 2005 HOUSE 3rd Reading Unamended January 28, 2005 HOUSE Amended 2nd Reading January 25, 2005First Regular Session Sixty-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 05-0108.01 Julie Pelegrin HOUSE BILL 05-1026 HOUSE SPONSORSHIP King SENATE SPONSORSHIP Windels House Committees Senate Committees Education Education A BILL FOR AN ACT Concerning educator licensure. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Endorsement in special education. Rather than requiring an applicant for a license endorsement in special education to complete a program in special education, requires the applicant to complete the course work and assessments identified by rule of the state board of education ("state board"). Complaint procedure. Authorizes the state board to adopt rules to create a procedure for receiving complaints against persons applying for or holding educator licenses and certificates. Requires the rules to include procedures for investigation and for granting notice and a hearing if the department of education ("department") determines there is probable cause to proceed with a formal charge. License renewal. Requires an applicant for educator license renewal to submit a complete set of fingerprints with the renewal application, unless the applicant has previously submitted a set. For purposes of professional development activities, authorizes the department to accept course work from any community, technical, or junior college, not just those in the statewide system. Requires a license holder to demonstrate that any educational travel he or she submits as a professional development activity is related to the license holder's endorsement area. Clarifies the professional development goal pertaining to use of assessments. Authorizes the state board to adopt rules requiring professional development activities to be related to the license holder's endorsement area knowledge or delivery skills in the license holder's endorsement area or in literacy. Return to active license status after active military duty. With regard to a person who converts his or her professional educator license to inactive status because he or she is called into active military duty, instructs the department, when reactivating the license, to reactivate it for a period equal to the time remaining on the license when converted to inactive status plus the time the person spent in active military duty. Authorizations. Makes a temporary teacher eligibility authorization valid for one year, and allows the department to renew the authorization twice. Expands the criteria for a temporary authorization to make it available to a person who is eligible to hold a certificate or license as an educator in another state. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 22-60.5-106 (2), Colorado Revised Statutes, is amended to read: 22-60.5-106. Endorsement of license - effect. (2) Notwithstanding the discretionary authority granted in subsection (1) of this section, the department of education shall issue a special education teacher endorsement to an applicant who has completed completes course work and assessments, as specified by rule of the state board of education, in a program in special education offered by an accepted institution of higher education, which program has been approved by the state board of education. SECTION 2. 22-60.5-107, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-60.5-107. Grounds for denying, annulling, suspending, or revoking license, certificate, endorsement, or authorization. (6) The state board of education may promulgate, pursuant to the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such rules as it may deem necessary to establish procedures for the filing and investigation of complaints alleging conduct that, if true, may establish grounds for denying, annulling, revoking, or suspending an educator license or certificate. SECTION 3. 22-60.5-109.5 (2), Colorado Revised Statutes, is amended to read: 22-60.5-109.5. Inactive status of licenses. (2) (a) A person may return a professional license to active status at any time by notifying the department of education in writing, either in person or by first-class mail, and simultaneously requesting the return of his or her professional license from the department of education. Upon receipt of notice to return to active status, the department of education shall reissue the professional license with a new expiration date reflecting the period remaining on the professional license as of the date the license holder converted to inactive professional license status. The department shall return the reissued license to the license holder within thirty days after receiving notice to return to active status. Upon receipt of the professional license, the license holder shall resume active status. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2), if a person converts his or her professional license to inactive status because the person is called into the active military service of the United States or the state of Colorado, when the person notifies the department of education of his or her intent to return the professional license to active status, the person may include with the notice a copy of the official notice of honorable discharge or release from active service. Upon receipt of the notice to return to active status and the evidence of honorable discharge or release, the department of education shall reissue the professional license with a new expiration date reflecting a period equal to the period remaining on the professional license as of the date the license holder converted to inactive professional license status plus the period during which the person was in active military service. SECTION 4. The introductory portion to 22-60.5-110 (3) (b) and 22-60.5-110 (3) (c) (II), Colorado Revised Statutes, are amended, and the said 22-60.5-110 (3) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read: 22-60.5-110. Renewal of licenses. (3) (b) A professional licensee shall complete such ongoing professional development within the period of time for which such professional license is valid. Such professional development may include, but need not be limited to, in-service education; college or university credit from an accepted institution of higher education an institution within the state system of Colorado community and technical colleges, or a Colorado local junior college or a community, technical, or junior college; educational travel that meets the requirements specified in paragraph (d) of this subsection (3); involvement in school reform; internships; and ongoing professional development training and experiences. The state board of education, by rule and regulation, may establish minimum criteria for professional development; except that such criteria shall not: (b.5) In adopting minimum criteria for professional development activities, the state board, by rule, may require all or a portion of the professional development activities to be related to increasing the license holder's competence in his or her existing or potential endorsement area or to increasing the professional licensee's skills and competence in delivery of instruction in his or her existing or potential endorsement area or in the teaching of literacy. (c) In selecting professional development activities for the renewal of a professional license pursuant to this section, each licensee shall choose those activities that will aid the licensee in meeting the standards for a professional educator, including but not limited to the following goals: (II) Effective use and appreciation of assessments in planning for instructional delivery and in individualizing student instruction; (d) To be accepted as a professional development activity, educational travel shall be applicable to the endorsement area of the professional licensee's license, as demonstrated by the professional licensee. SECTION 5. 22-60.5-111 (5) (d) and (7), Colorado Revised Statutes, are amended to read: 22-60.5-111. Authorization - types - applicants' qualifications. (5) Temporary educator eligibility authorization. (d) A temporary educator eligibility authorization is valid for three years and is not renewable one year and may be renewed twice. (7) Interim authorization. (a) A temporary 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 a provisional 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 a provisional an initial license specified in said sections. A temporary 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 a temporary an interim authorization toward the three full years of continuous employment necessary to cease being a probationary teacher pursuant to section 22-63-103 (7). (b) A school district that employs a person who holds a temporary an interim authorization may provide an induction program for the person, as described in section 22-60.5-204, 22-60.5-304, or 22-60.5-309, whichever is applicable. If the person successfully completes the induction program while employed under the temporary interim authorization, the person may apply completion of the induction program toward meeting the requirements for a professional educator license. SECTION 6. 22-60.5-102 (7), (12), (13), (14), and (15) (b), Colorado Revised Statutes, are amended to read: 22-60.5-102. Definitions. As used in this article, unless the context otherwise requires: (7) "Approved induction program" means a program of continuing professional development for provisional initial licensees that meets the standards of the state board of education and that upon completion leads to a recommendation for licensure by the school district or districts providing such induction program. (12) "Mentor administrator" means any administrator who is designated by the school district or districts providing an approved induction program for provisional initial administrator licensees and who has demonstrated outstanding administrative skills and school leadership and can provide exemplary modeling and counseling to provisional initial administrator licensees participating in an approved induction program. (13) "Mentor principal" means any principal who is designated by the school district or districts providing an approved induction program for provisional initial principal licensees and who has demonstrated outstanding principal skills and school leadership and can provide exemplary modeling and counseling to provisional initial principal licensees participating in an approved induction program. (14) "Mentor special services provider" means any special services provider who is designated by the school district or districts providing an approved induction program for provisional initial special services licensees and who has demonstrated outstanding special services provider skills and school leadership and can provide exemplary modeling and counseling to provisional initial special services licensees participating in an approved induction program. (15) "Mentor teacher" means: (b) Any teacher who is designated by the school district or districts providing an approved induction program for provisional initial teacher licensees and who has demonstrated outstanding teaching and school leadership and can provide exemplary modeling and counseling to provisional initial teacher licensees participating in an approved induction program. SECTION 7. 22-60.5-103 (5), Colorado Revised Statutes, is amended to read: 22-60.5-103. Applicants - licenses - authorizations - submittal of form and fingerprints - failure to comply constitutes grounds for denial. (5) The department of education may issue any provisional initial license specified in section 22-60.5-201, 22-60.5-210, 22-60.5-301, or 22-60.5-306 or any authorization specified in section 22-60.5-111 prior to receiving the results regarding an applicant's fingerprints from the Colorado bureau of investigation; however, the department of education may annul, pursuant to section 22-60.5-107 (1), any license or authorization so issued if such results are inconsistent with the information provided by the applicant in the form submitted pursuant to subsection (1) of this section. SECTION 8. 22-60.5-104, Colorado Revised Statutes, is amended to read: 22-60.5-104. Applicants for initial licensure - statement of completion of approved program of preparation. (1) Each applicant for any provisional initial license issued pursuant to the provisions of this article may be required to submit a statement from the designated recommending official of the accepted institution of higher education. Such statement shall certify that the applicant has completed the approved program of preparation appropriate to the provisional initial license being applied for in a satisfactory manner and is in good standing. Such statement shall not be required for the renewal of such license. (2) If an applicant for a provisional an initial principal license or a provisional an initial administrator license is required to submit a statement from the designated recommending official of an accepted institution of higher education pursuant to subsection (1) of this section, he shall be provided with an opportunity to submit statements from two or more such designated recommending officials at different accepted institutions of higher education, each of which statements certifies partial completion of an approved program of preparation appropriate to the provisional initial license being applied for in a satisfactory manner. Pursuant to the rules and regulations of the state board of education, the department of education shall provide a procedure through which such statements of partial completion of an approved program may be combined to certify regular completion of an approved program of preparation. The combination of such statements shall result in a combined approved program of preparation when it is, in the judgment of the department of education, at least the equivalent of the regular approved program of preparation at any one of the accepted institutions of higher education of attendance. Any reference in this article to completion of an approved program shall be deemed to include reference to partial completion of two or more approved programs combined pursuant to this subsection (2). SECTION 9. 22-60.5-110 (2), Colorado Revised Statutes, is amended to read: 22-60.5-110. Renewal of licenses. (2) Any provisional initial license may be renewed upon submitting an application for renewal, payment of the statutory fee, and evidence of satisfying any requirements established by rule and regulation of the state board of education. SECTION 10. The introductory portion to 22-60.5-111 (4) (a), 22-60.5-111 (4) (c) (II), the introductory portion to 22-60.5-111 (5) (a), 22-60.5-111 (5) (a) (I), (5) (e) (II), and (14) (c) (I), Colorado Revised Statutes, are amended to read: 22-60.5-111. Authorization - types - applicants' qualifications. (4) Emergency authorization. (a) The department of education may issue an emergency authorization to an applicant who is enrolled in an approved preparation program, but has not yet met the requirements for a provisional an initial educator license. The department may issue an emergency authorization if: (c) (II) If a person who is employed under an emergency authorization successfully completes an induction program and completes the requirements prescribed in section 22-60.5-201 (1) (b) (I), 22-60.5-210 (1) (a) (I), 22-60.5-301 (1) (a) (I), or 22-60.5-306 (1) (a) (I), whichever is applicable, for a provisional an initial educator license while employed under the emergency authorization, the department of education may issue a professional educator license to the person upon application. (5) Temporary educator eligibility authorization. (a) The department of education may issue a temporary educator eligibility authorization to a person who is enrolled in an approved program of preparation for a special education educator or who is working to attain a special services provider provisional initial license, but who has not yet met the requirements for the applicable provisional initial educator license. The department may issue the authorization under the following circumstances: (I) A school district requests the temporary educator eligibility authorization to employ as a special education teacher or director or as a special services provider an applicant who does not yet meet the requirements to obtain the applicable provisional initial educator license, but who meets the eligibility criteria specified in paragraph (b) of this subsection (5); (e) (II) If a person who is employed under a temporary educator eligibility authorization successfully completes an induction program and completes the requirements prescribed in section 22-60.5-201 (1) (b) (I), 22-60.5-210 (1) (a) (I), or 22-60.5-306 (1) (a) (I), whichever is applicable, for a provisional an initial educator license while employed under the temporary educator eligibility authorization, the department of education may issue a professional educator license to the person upon application. (14) Principal authorization. (c) At a minimum, a person's individualized alternative principal program shall ensure that: (I) The person receives information, experience, and training and develops skills comparable to the information, experience, training, and skills, possessed by a person who qualifies for a provisional an initial principal license as provided in section 22-60.5-301 (1) (a); SECTION 11. 22-60.5-114 (2) and the introductory portion to 22-60.5-114 (3), Colorado Revised Statutes, are amended to read: 22-60.5-114. State board of education - waivers. (2) Notwithstanding the provisions of subsection (1) of this section, the state board of education may grant a waiver of the induction program requirement upon a two-thirds majority vote of the board members and upon a sufficient showing that implementation of an induction program would cause extreme hardship to the school district. An application for waiver of the induction program requirement shall include a plan for the support, assistance, and training of provisionally initially licensed educators. (3) Upon application by a school district or board of cooperative services, the state board may grant a waiver of the requirement that a person applying for a provisional an initial license demonstrate professional competencies. Such a waiver may be granted only by a two-thirds majority vote of the board members following a demonstration that: SECTION 12. 22-60.5-201 (1) (b), (1) (c) (I), (1) (c) (II), (2), (3), and (4), Colorado Revised Statutes, are amended to read: 22-60.5-201. Types of teacher licenses issued - term. (1) The department of education is designated as the sole agency authorized to issue the following teacher licenses to persons of good moral character: (b) Initial teacher license. (I) Except as otherwise provided in subparagraphs (II) and (II.5) of this paragraph (b), the department of education, in its discretion, may issue a provisional an initial teacher license to any applicant who: (A) Holds an earned baccalaureate degree from an accepted institution of higher education; (B) Has completed an approved program of preparation for teachers or an alternative teacher program; (C) Has demonstrated professional competencies in subject areas as specified by rule and regulation of the state board of education pursuant to section 22-60.5-203; except that any applicant who has completed an approved program of preparation for teachers or an alternative teacher program on or after July 1, 1994, but prior to July 1, 1995, need not demonstrate professional competencies to receive a provisional an initial teacher license, but shall demonstrate professional competencies to renew the provisional initial teacher license or to receive a professional teacher license pursuant to paragraph (c) of this subsection (1). (II) The department of education, in its discretion, may issue a provisional an initial or a professional teacher license to any applicant who: (A) Holds a valid provisional initial or professional principal license or a valid provisional initial or professional administrator license; (B) Has previously held a provisional an initial teacher license. (II.5) The department of education, in its discretion, may issue a provisional an initial teacher license to any applicant who: (A) Has successfully completed a teacher in residence program implemented by a school district or board of cooperative services pursuant to section 22-32-110.3 and has been recommended for licensure by the employing school district; and (B) Has demonstrated professional competencies in subject areas as specified by rule of the state board of education pursuant to section 22-60.5-203. (III) (A) A provisional An initial teacher license shall be valid in any school districts that provide an approved induction program for teachers or have obtained a waiver of the approved induction program requirement pursuant to section 22-60.5-114 (2). Except as otherwise provided in sub-subparagraph (B) of this subparagraph (III), any provisional initial license issued pursuant to this paragraph (b) shall be valid for a period of three years after the date of issuance and is renewable only once for an additional period of three years. Any applicant who completed an approved program of preparation for teachers or an alternative teacher program on or after July 1, 1994, but prior to July 1, 1995, and received a provisional an initial teacher license without demonstrating professional competencies shall demonstrate professional competencies prior to renewing the provisional initial teacher license. (B) If a provisional an initial teacher licensee is unable to complete an induction program for reasons other than incompetence, the state board of education may renew the licensee's provisional initial teacher license for one or more additional three-year periods upon the provisional initial licensee's showing of good cause for inability to complete an induction program. (c) Professional teacher license. (I) Except as otherwise provided in subparagraphs (II), (II.5), and (II.7) of this paragraph (c), the department of education may, in its discretion, issue a professional teacher license to any applicant who: (A) Holds a valid provisional initial teacher license; (B) Has completed an approved induction program and has been recommended for licensure by the school districts that provided such induction program; except that the applicant need not complete an approved induction program as a provisional an initial teacher licensee if the applicant previously completed an induction program while teaching under an adjunct instructor authorization, an emergency authorization, or a temporary an interim authorization or if the school district in which the applicant is employed has obtained a waiver of the induction program requirement pursuant to section 22-60.5-114 (2). If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district's plan for support, assistance, and training of provisionally initially licensed educators; and (C) Has demonstrated professional competencies in subject areas as specified by rule and regulation of the state board of education pursuant to section 22-60.5-203 if the applicant received a provisional an initial teacher license without demonstrating professional competencies pursuant to sub-subparagraph (C) of subparagraph (I) of paragraph (b) of this subsection (1). (II) The department of education may, in its discretion, issue a professional teacher license to any applicant who: (A) Holds a valid provisional initial or professional principal license or a valid provisional initial or professional administrator license; (B) Has previously held a professional teacher license issued pursuant to this article or an equivalent certificate which was issued pursuant to article 60 of this title prior to July 1, 1994. (2) The state board of education is authorized to establish, by rule and regulation, such other requirements for licenses specified in subsection (1) of this section as it deems necessary to maintain and improve the quality of education instructional programs in the public schools of this state; except that the state board of education may not require any person who applies for a professional teacher license either while holding a valid provisional initial teacher license or upon expiration of a provisional an initial teacher license to demonstrate professional competencies if said person demonstrated professional competencies prior to obtaining the provisional initial teacher license. (3) (a) The department of education may, at its discretion, issue a provisional an initial teacher license provided for in paragraph (b) of subsection (1) of this section to any applicant from another state or country whose qualifications meet or exceed the standards of the state board of education for the issuance of a provisional an initial teacher license. (b) (I) The department of education may issue a professional teacher license to any applicant from another state if: (A) The applicant holds a license or certificate from that state that is comparable to a teacher license in this state and the standards for the issuance of such license or certificate meet or exceed the standards of the state board of education for the issuance of a professional teacher license; and (B) The applicant has had at least three years of continuous, successful, evaluated experience as a teacher in an established elementary or secondary school and can provide documentation of such experience on forms provided by the department. (II) An applicant for a professional teacher license pursuant to this paragraph (b) need not have: (A) Completed an approved induction program for teachers; (B) Held a provisional an initial teacher license pursuant to paragraph (b) of subsection (1) of this section; or (C) Demonstrated professional competencies in subject areas as specified by rule of the state board of education pursuant to section 22-60.5-203. (c) In an area deemed by the state board of education to be a shortage area, the state board of education shall establish reasonable criteria, including the recognition of experience as a licensed or certificated teacher, for the issuance of a provisional an initial teacher license to any applicant from another state or country. (d) An applicant for a provisional an initial teacher license who has three years or more of teaching experience in another state or country for which the department of education has granted reciprocity pursuant to this subsection (3) shall be licensed without having to demonstrate professional competencies pursuant to section 22-60.5-203 if such person meets all the other qualifications for a provisional an initial teacher license or professional teacher license and if such person is qualified to teach in that state or country. (4) The state board of education is authorized to enter into interstate reciprocal agreements in which the department of education agrees to issue provisional initial teacher licenses to persons licensed to teach in another state. SECTION 13. 22-60.5-203 (1) and (3), Colorado Revised Statutes, are amended to read: 22-60.5-203. Assessment of professional competencies. (1) The state board of education shall, by rule, establish areas of knowledge in which provisional initial teacher licensees shall possess a satisfactory level of proficiency. (3) The department of education shall develop and administer, pursuant to the rules of the state board of education, a system for the assessment of such professional competencies of applicants for provisional initial teacher licenses and of applicants for professional teacher licenses who do not demonstrate professional competencies prior to obtaining a provisional an initial teacher license. SECTION 14. 22-60.5-204, Colorado Revised Statutes, is amended to read: 22-60.5-204. Approved induction program - initial teacher licensee. (1) Any approved induction program of a school district or districts for provisional initial teacher licensees may include, but shall not be limited to, supervision by mentor teachers, ongoing professional development and training, including ethics, and performance evaluations. Such school district or districts may enter into agreements with accepted institutions of higher education in regard to the organization, management, and operation of an approved induction program, or any portion thereof. Performance evaluations shall be conducted in accordance with section 22-9-106; however, the state board of education may provide by rule and regulation for performance evaluations by mentor teachers. (2) The approved induction program of any individual provisional initial teacher licensee may be extended if deemed necessary by the school district or districts providing such program; however, such program shall not exceed a maximum of three years. (3) The state board of education shall, by rule and regulation, establish standards and criteria for the approval of proposed induction programs for provisional initial teacher licensees and for the review of approved induction programs for provisional initial teacher licensees. Such rules and regulations shall provide for such standards and criteria to be fully implemented on and after July 1, 1999, and shall provide for the gradual implementation of such standards and criteria over the five-year period prior to said date. Such standards and criteria shall, at a minimum, provide multiple approaches and options in regard to the provision of approved induction programs which take into consideration factors which the state board of education deems relevant and appropriate. Such factors shall include, but shall not be limited to, the setting categories and geographical location of school districts, the cost of providing approved induction programs, and the availability of state moneys to fund, in whole or in part, approved induction programs. SECTION 15. 22-60.5-206 (2) (e) and (3), Colorado Revised Statutes, are amended to read: 22-60.5-206. Alternative teacher support teams - duties - advisory councils. (2) The alternative teacher support team shall: (e) Make a recommendation to the school district or accredited independent school which employs the alternative teacher as to the eligibility of the alternative teacher to receive a provisional an initial teacher license. (3) As a member of an alternative teacher support team, the mentor teacher has primary responsibility for representing the faculty and parents in evaluating and making recommendations regarding the issuance of a provisional an initial teacher license to the alternative teacher. In recognition of the significant duties and responsibilities of mentor teachers, the designating school district or accredited independent school shall make appropriate provision as is necessary to ensure the proper discharge of such duties and responsibilities by such mentor teacher. SECTION 16. 22-60.5-210 (1) (a), (1) (b) (I), (3) (a), (3) (b) (II) (B), and (4), Colorado Revised Statutes, are amended to read: 22-60.5-210. Types of special services licenses issued - term. (1) The department of education is designated as the sole agency authorized to issue the following types of special services licenses to persons of good moral character: (a) Initial special services license. (I) The department of education, in its discretion, may issue a provisional an initial special services license to any applicant who: (A) Has been awarded an appropriate degree from an institution of higher education; (B) Has met the standards of the state board of education concerning academic and professional preparation and experience and performance as appropriate for the subject matter area or areas for which such provisional initial special services license is to be endorsed; (C) Has demonstrated professional competencies in subject areas as specified by rule and regulation of the state board of education pursuant to section 22-60.5-212. (II) A provisional An initial special services license shall be valid in any school districts that provide an approved induction program for special services providers or have obtained a waiver of the approved induction program requirement pursuant to section 22-60.5-114 (2). Any provisional initial special services license issued pursuant to this paragraph (a) shall be valid for a period of three years after the date of issuance and is renewable only once for an additional period of three years; except that, if a provisional an initial special services licensee is unable to complete an induction program for reasons other than incompetence, the state board of education may renew the licensee's provisional initial special services license for one or more additional three-year periods upon the provisional initial licensee's showing of good cause for inability to complete an approved induction program. (III) For purposes of this paragraph (a), in establishing standards pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (a) concerning academic and professional preparation and experience and performance with regard to school psychologists, school social workers, occupational therapists, physical therapists, and school nurses, the state board of education shall not require an applicant for a provisional an initial special services license who holds a valid Colorado license or registration or valid national certificate to take and achieve a passing score on an assessment of basic skills. (b) Professional special services license. (I) Except as otherwise provided in subparagraph (I.5) of this paragraph (b), the department of education may, in its discretion, issue a professional special services license to any applicant who: (A) Holds a valid provisional initial special services license; and (B) Has completed an approved induction program for special services providers and has been recommended for licensure by the school districts that provided such induction program; except that the applicant need not complete an approved induction program as a provisional an initial special services licensee if the applicant previously completed an induction program while employed under an emergency authorization or a temporary educator eligibility authorization or if the school district in which the applicant is employed has obtained a waiver of the induction program requirement pursuant to section 22-60.5-114 (2). If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district's plan for support, assistance, and training of provisionally initially licensed educators. (3) (a) The department of education may, at its discretion, issue a provisional an initial special services license provided for in paragraph (a) of subsection (1) of this section to any applicant from another state or country whose qualifications meet or exceed the standards of the state board of education for the issuance of a provisional an initial special services license. (b) (II) An applicant for a professional special services license pursuant to this paragraph (b) need not have: (B) Held a provisional an initial special services license pursuant to paragraph (a) of subsection (1) of this section; or (4) The state board of education is authorized to enter into interstate reciprocal agreements in which the department of education agrees to issue provisional initial special services licenses to persons licensed as special services providers in another state. SECTION 17. 22-60.5-212 (1) and (2), Colorado Revised Statutes, are amended to read: 22-60.5-212. Assessment of professional competencies. (1) The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional initial special services licensees shall possess a satisfactory level of proficiency. (2) The department of education shall develop and administer, pursuant to the rules and regulations of the state board of education, a system for the assessment of such professional competencies of applicants for provisional initial special services licenses. SECTION 18. 22-60.5-213, Colorado Revised Statutes, is amended to read: 22-60.5-213. Approved induction programs - initial special services licensees. (1) Any approved induction program of a school district or districts for provisional initial special services licensees may include, but shall not be limited to, supervision by mentor special services providers, ongoing professional development and training, including ethics, and performance evaluations. Such school district or districts may enter into agreements with accepted institutions of higher education in regard to the organization, management, and operation of an approved induction program, or any portion thereof. Performance evaluations shall be conducted in accordance with section 22-9-106; however, the state board of education may provide by rule and regulation for performance evaluations by mentor special services providers. (2) The approved induction program of any provisional initial special services licensee may be extended if deemed necessary by the school district or districts providing such program; however, such program shall not be extended so that such program exceeds three years. (3) The state board of education shall, by rule and regulation, establish standards and criteria for the approval of proposed induction programs for provisional initial special services licensees and for the review of approved induction programs for provisional initial special services licensees. Such rules and regulations shall provide for such standards and criteria to be fully implemented on and after July 1, 1999, and shall provide for the gradual implementation of such standards and criteria over the five-year period prior to said date. Such standards and criteria shall, at a minimum, provide multiple approaches and options in regard to the provision of approved induction programs which take into consideration factors which the state board of education deems appropriate. Such factors shall include, but shall not be limited to, the setting categories and geographical location of school districts, the costs of providing approved induction programs, and the availability of state moneys to fund, in whole or in part, approved induction programs. SECTION 19. Repeal. 22-60.5-217, Colorado Revised Statutes, is repealed. SECTION 20. The introductory portion to 22-60.5-301 (1) (a) (I), 22-60.5-301 (1) (a) (II), (1) (b) (I), (3) (a), (3) (b) (II) (B), and (4), Colorado Revised Statutes, are amended to read: 22-60.5-301. Types of principal licenses issued - term. (1) The department of education is designated as the sole agency authorized to issue the following principal licenses to persons of good moral character: (a) Initial principal license. (I) The department of education, in its discretion, may issue a provisional an initial principal license to any applicant who: (II) A provisional An initial principal license shall be valid in any school districts that provide an approved induction program for principals or have obtained a waiver of the approved induction program requirement pursuant to section 22-60.5-114 (2). Any provisional initial principal license issued pursuant to this paragraph (a) shall be valid for a period of three years after the date of issuance and is renewable only once for an additional period of three years; except that, if a provisional an initial principal licensee is unable to complete an induction program for reasons other than incompetence, the state board of education may renew the licensee's provisional initial principal license for one or more additional three-year periods upon the provisional initial licensee's showing of good cause for inability to complete an approved induction program. (b) Professional principal license. (I) Except as otherwise provided in subparagraph (I.5) of this paragraph (b), the department of education may, in its discretion, issue a professional principal license to any applicant who: (A) Holds an earned master's degree from an accepted institution of higher education; (B) Holds a valid provisional initial principal license; and (C) Has completed an approved induction program for principals and has been recommended for licensure by the school districts that provided such induction program; except that the applicant need not complete an approved induction program as a provisional an initial principal licensee if the applicant previously completed an induction program while employed under an emergency authorization or a principal authorization or if the school district in which the applicant is employed has obtained a waiver of the induction program requirement pursuant to section 22-60.5-114 (2). If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district's plan for support, assistance, and training of provisionally initially licensed educators. (3) (a) The department of education may, at its discretion, issue a provisional an initial principal license provided for in paragraph (a) of subsection (1) of this section to any applicant from another state or country whose qualifications meet or exceed the standards of the state board of education for the issuance of a provisional an initial principal license. (b) (II) An applicant for a professional principal license pursuant to this paragraph (b) need not have: (B) Held a provisional an initial principal license pursuant to paragraph (a) of subsection (1) of this section; or (4) The state board of education is authorized to enter into interstate reciprocal agreements in which the department of education agrees to issue provisional initial principal licenses to persons licensed as principals in other states. SECTION 21. 22-60.5-303 (1) and (3), Colorado Revised Statutes, are amended to read: 22-60.5-303. Assessment of professional competencies. (1) The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional initial principal licensees shall possess a satisfactory level of proficiency. (3) The department of education shall develop and administer, pursuant to the rules and regulations of the state board of education, a system for the assessment of such professional competencies of applicants for provisional initial principal licenses. SECTION 22. 22-60.5-304, Colorado Revised Statutes, is amended to read: 22-60.5-304. Approved induction programs - initial principal licensees. (1) Any approved induction program of a school district or districts for provisional initial principal licensees may include, but shall not be limited to, supervision by mentor principals, ongoing professional development and training, including ethics, and performance evaluations. Such school district or districts may enter into agreements with accepted institutions of higher education in regard to the organization, management, and operation of an approved induction program, or any portion thereof. Performance evaluations shall be conducted in accordance with section 22-9-106; however, the state board of education may provide by rule and regulation for performance evaluations by mentor principals. (2) The approved induction program of any individual provisional initial principal licensee may be extended if deemed necessary by the school district or districts providing such program; however, such program shall not exceed a maximum of three years. (3) The state board of education shall, by rule and regulation, establish standards and criteria for the approval of proposed induction programs for provisional initial principal licensees and for the review of approved induction programs for provisional initial principal licensees. Such rules and regulations shall provide for such standards and criteria to be fully implemented on and after July 1, 1999, and shall provide for the gradual implementation of such standards and criteria over the five-year period prior to said date. Such standards and criteria shall, at a minimum, provide multiple approaches and options in regard to the provision of approved induction programs which take into consideration factors which the state board of education deems appropriate. Such factors shall include, but shall not be limited to, the setting categories and geographical location of school districts, the costs of providing approved induction programs, and the availability of state moneys to fund, in whole or in part, approved induction programs. SECTION 23. 22-60.5-305, Colorado Revised Statutes, is amended to read: 22-60.5-305. Licensed principals - occasional teaching. Any principal who holds a valid provisional initial or professional principal license pursuant to this part 3 and who, on occasion, functions as a teacher shall not be required to hold a valid provisional initial or professional teacher license pursuant to part 2 of this article. The state board of education shall establish, by rule and regulation, what constitutes occasional teaching for purposes of this section. SECTION 24. The introductory portion to 22-60.5-306 (1) (a) (I), 22-60.5-306 (1) (a) (II), (1) (b) (I), (3) (a), (3) (b) (II) (B), and (4), Colorado Revised Statutes, are amended to read: 22-60.5-306. Types of administrator licenses issued - term. (1) The department of education is designated as the sole agency authorized to issue the following types of administrator licenses to persons of good moral character: (a) Initial administrator license. (I) The department of education, in its discretion, may issue a provisional an initial administrator license to any applicant who: (II) A provisional An initial administrator license shall be valid in any school districts that provide an approved induction program for administrators or have obtained a waiver of the approved induction program requirement pursuant to section 22-60.5-114 (2). Any provisional initial administrator license issued pursuant to this paragraph (a) shall be valid for a period of three years after the date of issuance and is renewable only once for an additional period of three years; except that, if a provisional an initial administrator licensee is unable to complete an induction program for reasons other than incompetence, the state board of education may renew the licensee's provisional initial administrator license for one or more additional three-year periods upon the provisional initial licensee's showing of good cause for inability to complete an approved induction program. (b) Professional administrator license. (I) Except as otherwise provided in subparagraph (I.5) of this paragraph (b), the department of education may, in its discretion, issue a professional administrator license to any applicant who: (A) Holds an earned master's degree from an institution of higher education; (B) Holds a valid provisional initial administrator license; and (C) Has completed an approved induction program for administrators and has been recommended for licensure by the school districts that provided such induction program; except that the applicant need not complete an approved induction program as a provisional an initial administrator licensee if the applicant previously completed an induction program while employed under an emergency authorization or a temporary educator eligibility authorization or if the school district in which the applicant is employed has obtained a waiver of the induction program requirement pursuant to section 22-60.5-114 (2). If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district's plan for support, assistance, and training of provisionally initially licensed educators. (3) (a) The department of education may, at its discretion, issue a provisional an initial administrator license provided for in paragraph (a) of subsection (1) of this section to any applicant from another state or country whose qualifications meet or exceed the standards of the state board of education for the issuance of a provisional an initial administrator license. (b) (II) An applicant for a professional administrator license pursuant to this paragraph (b) need not have: (B) Held a provisional an initial administrator license pursuant to paragraph (a) of subsection (1) of this section; or (4) The state board of education is authorized to enter into interstate reciprocal agreements in which the department of education agrees to issue provisional initial administrator licenses to persons licensed as administrators in another state. SECTION 25. 22-60.5-308 (1) and (3), Colorado Revised Statutes, are amended to read: 22-60.5-308. Assessment of professional competencies. (1) The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional initial administrator licensees shall possess a satisfactory level of proficiency. (3) The department of education shall develop and administer, pursuant to the rules and regulations of the state board of education, a system for the assessment of such professional competencies of applicants for provisional initial administrator licenses. SECTION 26. 22-60.5-309, Colorado Revised Statutes, is amended to read: 22-60.5-309. Approved induction programs - initial administrator licensees. (1) Any approved induction program of a school district or districts for provisional initial administrator licensees may include, but shall not be limited to, supervision by mentor administrators, ongoing professional development and training, including ethics, and performance evaluations. Such school district or districts may enter into agreements with accepted institutions of higher education in regard to the organization, management, and operation of an approved induction program, or any portion thereof. Performance evaluations shall be conducted in accordance with section 22-9-106; however, the state board of education may provide by rule and regulation for performance evaluations by mentor administrators. (2) The approved induction program of any individual provisional initial administrator licensee may be extended if deemed necessary by the school district or districts providing such program; however, such program shall not exceed a maximum of three years. (3) The state board of education shall, by rule and regulation, establish standards and criteria for the approval of proposed induction programs for provisional initial administrator licensees and for the review of approved induction programs for provisional initial administrator licensees. Such rules and regulations shall provide for such standards and criteria to be fully implemented on and after July 1, 1999, and shall provide for the gradual implementation of such standards and criteria over the five-year period prior to said date. Such standards and criteria shall, at a minimum, provide multiple approaches and options in regard to the provision of approved induction programs which take into consideration factors which the state board of education deems appropriate. Such factors shall include, but shall not be limited to, the setting categories and geographical location of school districts, the costs of providing approved induction programs, and the availability of state moneys to fund, in whole or in part, approved induction programs. SECTION 27. 22-60.5-309.5, Colorado Revised Statutes, is amended to read: 22-60.5-309.5. Licensed administrators - occasional teaching. Any administrator who holds a valid provisional initial or professional administrator's license pursuant to this part 3, who has completed three or more years of successful experience working with students as a licensed or certificated professional in a public or nonpublic elementary or secondary school in this state or another state, and who, on occasion, functions as a teacher shall not be required to hold a valid provisional initial or professional teacher license pursuant to part 2 of this article. The state board of education shall establish by rule what constitutes occasional teaching for purposes of this section. SECTION 28. Repeal. 22-60.5-313, Colorado Revised Statutes, is repealed. SECTION 29. The introductory portion to 22-2-109 (3), Colorado Revised Statutes, is amended to read: 22-2-109. State board of education - additional duties - teacher standards - principal standards. (3) On or before July 1, 2000, the state board of education by rule shall adopt performance-based teacher licensure standards, which at a minimum shall include a requirement that each candidate for a provisional an initial teacher license shall have and be able to demonstrate the following skills: SECTION 30. 22-32-110.3 (4) (c), Colorado Revised Statutes, is amended to read: 22-32-110.3. Board of education - specific powers - teacher in residence program. (4) (c) On completion of the two-year residency program, the resident teacher shall obtain a provisional an initial teacher license pursuant to section 22-60.5-201 (1) (b) in order to be employed by the school district as a teacher. SECTION 31. 22-32-110.4 (3) (a) and (5), Colorado Revised Statutes, are amended to read: 22-32-110.4. Board of education - specific powers - alternative principal preparation program. (3) In designing an individualized alternative principal program, the school district, at a minimum, shall ensure that: (a) The program will provide the information, experience, and training to enable the person who is employed under the principal authorization to develop the skills and obtain the experience and training that are comparable to those possessed by a person who qualifies for a provisional an initial principal license, as provided in section 22-60.5-301 (1) (a); (5) A school district may employ a person who holds a principal authorization for three years. After such period, the school district may employ the person as a principal only if the person receives a provisional an initial or professional principal license pursuant to section 22-60.5-301. The school district may choose to provide an induction program, as described in section 22-60.5-304, for the person while he or she is employed under a principal authorization. The induction program, if provided, shall be in addition to the individualized alternative principal program to be completed by the person while he or she is employed under a principal authorization. SECTION 32. 22-63-201 (1), Colorado Revised Statutes, is amended to read: 22-63-201. Employment - license required - exception. (1) Except as otherwise provided in subsection (2) of this section, the board of a school district shall not enter into an employment contract with any person as a teacher, except in a junior college district or in an adult education program, unless such person holds a provisional an initial or a professional teacher's license or authorization issued pursuant to the provisions of article 60.5 of this title. SECTION 33. 23-1-121 (6), Colorado Revised Statutes, is amended to read: 23-1-121. Commission directive - approval of teacher preparation programs. (6) Beginning January 2002, the commission shall annually submit to the education committees of the senate and the house of representatives a report concerning the effectiveness of the review of teacher preparation programs conducted pursuant to this section. The report shall also state the percentage of teacher candidates graduating from each teacher preparation program during the preceding twelve months that applied for and received a provisional an initial teacher license pursuant to section 22-60.5-201, C.R.S., and the percentage of said graduates who passed the assessments administered pursuant to section 22-60.5-203, C.R.S. The education committees of the senate and the house of representatives shall consider the report in a joint meeting held pursuant to section 22-60.5-116.5, C.R.S. SECTION 34. Part 1 of article 60.5 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 22-60.5-120. Provisional license - initial license - change of term. As of the effective date of this section, "provisional" educator licenses shall be known as "initial" educator licenses. A person who holds a provisional educator license as of the effective date of this section shall be deemed to hold an initial educator license on and after said date, so long as the license is valid. SECTION 35. Transfer of cash funds. For the fiscal year beginning July 1, 2005, there is hereby transferred from the nonpublic school fingerprint fund, created in section 22-1-121, Colorado Revised Statutes, to the educator licensure cash fund, created in section 22-60.5-112, Colorado Revised Statutes, the sum of fourteen thousand eight hundred seventy-nine dollars ($14,879). SECTION 36. 22-63-201 (2), Colorado Revised Statutes, is amended to read: 22-63-201. Employment - license required - exception. (2) (a) The general assembly hereby recognizes that many persons with valuable professional expertise in areas other than teaching provide a great benefit to students in their experience and functional knowledge when hired by a school district to teach. To facilitate the employment of these persons and comply with the requirements of federal law, the general assembly has statutory provisions to create an alternative teacher license and alternative teacher programs to enable school districts to create teacher in residence programs to employ persons with expertise in professions other than teaching. These provisions enable a school district to employ a person with professional expertise in a particular subject area, while ensuring that the person receives the necessary training and develops the necessary skills to be a highly qualified teacher. The general assembly strongly encourages each school district to hire persons who hold alternative teacher licenses and teacher in residence authorizations to provide a wide range of experience in teaching and functional subject matter knowledge for the benefit of the students enrolled in the school district. (b) A school district may hire a person who is not licensed and does not hold an authorization issued pursuant to article 60.5 of this title who holds an alternative teacher license to teach as an alternative teacher pursuant to an alternative teacher contract as described in section 22-60.5-207. A school district may hire a person who holds a teacher in residence authorization to teach as a resident teacher pursuant to a teacher in residence program implemented by the school district or a board of cooperative services pursuant to section 22-32-110.3. SECTION 37. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.