Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0334.01 Julie Pelegrin SENATE BILL 06-030 SENATE SPONSORSHIP Evans, HOUSE SPONSORSHIP Merrifield, Senate Committees House Committees Education A BILL FOR AN ACT Concerning the school leadership academy. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates the school leadership academy ("academy") as a special purpose authority. Identifies the mission of the academy as recruiting, training, and supporting school principals and researching and developing best practices with regard to school leadership. Specifies the membership and terms of the academy's board of directors. Specifies the general powers of the academy. Provides examples of the services that the academy may provide to a school district, a charter school, and an institution of higher education, upon request and through contract. Allows the academy to charge a school district, a charter school, and an institution of higher education a fee for services in an amount reflective of the academy's actual direct and indirect costs. Directs the academy to perform research and identify best practices in the area of school leadership. Requires the academy to provide the research results and best practices to any Colorado resident or entity upon request and free of charge. Allows the academy to charge a fee to provide the research results and best practices to any person or entity outside of Colorado. Specifies the potential financing resources for the academy. Specifies the investments the academy may authorize with regard to its finances, and identifies the academy's finances as trust funds. Directs the academy to submit an annual report to the education committees concerning its operations and finances. Makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 68 School Leadership Academy 22-68-101. Short title. This article shall be known and may be cited as the "School Leadership Academy Act". 22-68-102. Legislative declaration. (1) The general assembly hereby finds that: (a) Leadership within a school is the key to educational quality within that school. Schools need the best leaders that the nation and the state can provide. (b) Many school districts in Colorado are experiencing difficulties in attracting a sufficient number of qualified persons to provide excellent leadership within their schools. A recent study of principals in Colorado found that the state is experiencing a shortage of qualified school leaders, and, nationally, it is estimated that over ninety-three thousand principals will retire. These findings indicate that Colorado will have to compete nationwide to attract and hire the best school leaders. (c) Because of increased expectations in the area of education and the increased demands placed on public schools, schools today require a new type of principal. An effective school principal must be willing to be publicly measured and paid for performance. Simply being a good building manager is no longer sufficient. School leadership requires more from a new principal. (d) Recent studies in school leadership have concluded that exemplary schools have a principal who is an effective leader. It is the principal who sets the tone for the other employees in the school and for the students. The principal is responsible for engaging all of the stakeholders, including teachers, students, and parents, in school-wide efforts to improve student performance and success. (e) Other studies in school leadership have identified a need for real-world, hands-on school leadership development programs. New school leaders should be recruited and trained to fit the specific schools in which they will be working. (f) Studies also show that the most effective school leadership development programs include mentioning and coaching programs, provide training and classes in small groups of students referred to as cohorts, and maintain graduate networks to provide on-going support for persons entering the field as principals; (g) Finally, recent studies suggest that the new breed of school leaders must come from both traditional and nontraditional sources. School districts need leaders from a variety of political and economic structures, including the business community, and nontraditional educators are one excellent source for raising the quality of school leaders. (2) The general assembly therefore finds that creation of a statewide public entity to act as a resource for school districts and facilitate cooperative efforts among institutions of higher education and school districts in developing and supporting school principals and to sponsor and provide research into best practices in the area of school leadership is necessary to ensure the continued excellence of Colorado's public schools. 22-68-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Academy" means the school leadership academy created pursuant to section 22-68-104. (2) "Board" means the board of directors of the academy appointed pursuant to section 22-68-105. 22-68-104. School leadership academy - creation. (1) There is hereby created as a special purpose authority, as defined in section 24-77-102 (15), C.R.S., the school leadership academy. The academy shall be an independent public body corporate, a political subdivision of the state, and a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function; except that the academy shall not be an agency of the state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state. The academy shall be governed by a board of directors established pursuant to section 22-68-105. (2) The mission of the academy shall be to act as a resource for school districts, charter schools, and institutions of higher education in recruiting, training, and supporting effective and successful school principals. In addition, the academy shall sponsor and encourage ongoing research and identification of best practices in the area of school leadership. 22-68-105. School leadership academy - board of directors - appointment - duties. (1) (a) The academy shall be governed by a board of directors that shall consist of the following eight members: (I) The chairperson of the state board of education, or his or her designee who is a member of the state board of education; (II) The chairperson of the Colorado commission on higher education, or his or her designee who is a member of the Colorado commission on higher education; (III) The commissioner of education, or his or her designee; (IV) The executive director of the Colorado commission on higher education, or his or her designee; (V) Two persons appointed by the governor with experience in implementing approved programs of preparation for principals at institutions of higher education in Colorado; and (VI) Two persons appointed by the governor who are members of school district boards of education, one of which is elected in a rural school district and one of which is elected in an urban school district. (b) The board members appointed by the governor shall be subject to the consent of the senate and shall serve terms of two years; except that, of the members initially appointed, the governor shall select a member appointed pursuant to subparagraph (V) of paragraph (a) of this subsection (1) and a member appointed pursuant to subparagraph (VI) of paragraph (a) of this subsection (1) to serve an initial one-year term. The governor may appoint the same person to serve consecutive terms. (c) The governor may remove an appointed board member for any cause that renders the member incapable or unfit to discharge the duties of the office. If a vacancy in an appointed position on the board exists due to removal or any other reason, the governor shall appoint a member for the remaining portion of the unexpired term created by the vacancy. (d) Each appointed member shall serve until his or her successor has been appointed and qualified. (2) The members of the board shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties under this article. Any payments to board members pursuant to this subsection (2) shall be paid from moneys of the academy. (3) The board shall annually elect a chairperson of the academy and a secretary from among its members. The board shall meet as often as necessary to carry out its duties under this article. All meetings of the board shall be subject to the provisions of section 24-6-402, C.R.S. The board shall not transact business in a meeting unless a quorum, consisting of at least a majority of the members of the board, is present at the meeting. The board shall meet on the call of the chairperson. 22-68-106. Powers of the academy. (1) In addition to any other powers granted to the academy in this article, the academy shall have the following powers: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body corporate and political subdivision of the state; (b) To have perpetual existence and succession; (c) To adopt, have, and use a seal and to alter the same at its pleasure; (d) To sue and be sued; (e) To adopt, and from time to time amend or repeal, bylaws and rules and regulations consistent with the provisions of this article; except that article 4 of title 24, C.R.S., shall not apply to the promulgation of any policies, procedures, rules, or regulations of the academy; (f) To appoint an executive director and such agents, employees, and professional and business advisers as, from time to time, may be necessary in its judgment to accomplish the purposes of this article; to fix the compensation of such executive director, employees, agents, and advisers; and to establish the powers and duties of all such agents, employees, and other persons contracting with the academy; (g) To enter into any contract or agreement not inconsistent with this article or the laws of this state and to authorize the executive director to enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article. All state agencies and local governments are hereby authorized to enter into and do all things necessary to perform any such contract or agreement with the academy. (h) To acquire space, equipment, services, supplies, and insurance necessary to carry out the purposes of this article; (i) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, lease, sell, and dispose of personal property, whether tangible or intangible, or any interest therein; and to purchase, lease, trade, exchange, or otherwise acquire real property or any interest therein and to maintain, hold, improve, mortgage, lease, or otherwise transfer such real property, so long as such transactions do not interfere with the mission of the academy as specified in section 22-68-104; (j) To contract for and to accept any gifts, grants, loans of funds, property, or any other aid in any form from the federal government, the state, any state agency, or any other public or private source, or any combination thereof, and to comply, subject to the provisions of this article, with the terms and conditions thereof; (k) To deposit any moneys of the academy in any banking institution within the state or in any depository authorized in section 24-75-603, C.R.S., and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the moneys of the academy, which persons shall give surety bonds in such amounts and form and for such purposes as the board requires; and (l) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article. 22-68-107. School leadership academy - powers - principal preparation programs - recruiting - hiring. (1) In addition to the other powers and functions specified in this article, the academy shall act as a consultant and facilitator for school districts, charter schools, and institutions of higher education in all aspects of principal recruitment, preparation, development, and support. The academy may assist a school district, charter school, or institution of higher education only upon request of the district, charter school, or institution. The academy may charge a fee for services provided upon the request of a school district, charter school, or institution of higher education as specified in a contract between the academy and the requesting entity. The fee shall reflect the actual direct and indirect costs incurred by the academy in assisting the requesting entity. The services specified in this section are representative of the services the academy may provide, but are not exclusive. (2) Alternative principal preparation programs. The academy may contract with a school district to assist the school district in creating an alternative principal preparation program pursuant to section 22-32-110.4. The academy may assist the school district in all aspects of creating and implementing the program, including but not limited to: (a) Identifying and recruiting candidates to participate in the program; (b) Designing the program to meet each candidate's needs and the needs of the school in which the candidate may be employed; (c) Facilitating creation and implementation of an agreement with an institution of higher education for implementation of the program. (3) Approved programs of preparation. The academy may contract with an institution of higher education to assist the institution in reviewing, designing, and implementing a new or existing approved program of preparation for principals operated by the institution and leading to licensure of principals pursuant to section 22-60.5-301. The academy may assist the institution in all aspects of reviewing, designing, and implementing the program, including but not limited to: (a) Identifying and recruiting candidates to participate in the program; (b) Providing consulting services to the institution, including research concerning best practices in education leadership programs, recommendations concerning essential components of education leadership programs, and recommendations concerning an existing education leadership program at the institution; (c) Analyzing the effectiveness of the institution's education leadership preparation program, including surveying existing and former students of the program. (4) Programs for existing principals. The academy may contract with school districts, charter schools, or individuals to provide professional development programs for persons who are employed as school principals. The academy may work with school districts, charter schools, professional associations, institutions of higher education, and other interested persons in designing and implementing a variety of professional development programs for principals. The programs may include, but need not be limited to: (a) Training and ongoing education programs to assist principals in improving their leadership, management, and education skills; (b) Creation of a network of principal mentors for support of persons who are in their early years of employment as principals; (c) Creation of a network of persons who complete alternative principal preparation programs or approved programs of preparation to enable them to continue learning and developing their professional skills within a supportive network of professionals. (5) Recruiting and hiring principals. The academy may contract with a school district or a charter school to assist the school district or charter school in recruiting, interviewing, selecting, and hiring principals. 22-68-108. School leadership academy - research - best practices. The academy shall perform or contract for the performance of research concerning best practices in recruiting, training, developing, and supporting school leaders and in implementing school leadership, especially with regard to school principals. Research performed or contracted by the academy shall focus on issues and challenges specific to Colorado schools and school districts. The academy shall provide the results of its research and any reports free of charge to any requesting school, school district, institution of higher education, or other public or private entity in Colorado and to any requesting person residing in Colorado. The academy may charge a fee to provide research results or reports to any requesting entity or person outside of Colorado. 22-68-109. Financing. (1) The academy shall fund its operations from: (a) Federal moneys granted or allocated to the academy; (b) Public grant program moneys; (c) Moneys, goods, or in-kind services donated from public or private sources; (d) Moneys derived from fees charged pursuant to sections 22-68-107 and 22-68-108. 22-68-110. Investments. The academy may invest or deposit any moneys in the manner provided by part 6 of article 75 of title 24, C.R.S. In addition, the academy may direct a corporate trustee that holds moneys of the academy to invest or deposit such moneys in investments or deposits other than those specified by said part 6 if the board determines, by resolution, that the investment or deposit meets the standard established in section 15-1-304, C.R.S., and the income is at least comparable to income available on investments or deposits specified by said part 6. 22-68-111. Proceeds as trust funds. All moneys received pursuant to this article shall be deemed to be trust funds to be held and applied solely in accordance with the purposes of this article. Any officer, bank, or trust company with which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this article, subject to such regulations as the academy provides. 22-68-112. Annual report. The academy shall submit to the education committees of the senate and the house of representatives, or their successor committees, within six months after the end of the fiscal year commencing on July 1, 2006, and each fiscal year thereafter, a report that shall set forth a complete and detailed operating and financial statement of the academy during such fiscal year. Also included in the report shall be any recommendations with reference to additional legislation or other action that may be necessary to carry out the purposes of the academy. SECTION 2. 24-77-102 (15) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 24-77-102. Definitions. As used in this article, unless the context otherwise requires: (15) (b) "Special purpose authority" includes, but is not limited to: (XVI) The school leadership academy created pursuant to section 22-68-104, C.R.S. SECTION 3. 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.