Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

HOUSE BILL 97­1058

BY REPRESENTATIVES Faatz, Bacon, Keller, Reeser, S. Williams, and Young;

also SENATORS B. Alexander, Bishop, Blickensderfer, and Schroeder.


CONCERNING EDUCATOR LICENSING, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  22­60.5­103 (1) and (3), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­103. Initial applicants ­ licenses ­ authorizations ­ submittal of form and fingerprints ­ failure to comply constitutes grounds for denial. (1)  Any person making initial application for any provisional license specified in section 22­60.5­201, 22­60.5­210, 22­60.5­301, or 22­60.5­306 or for any authorization specified in section 22­60.5­111 shall submit a complete set of fingerprints of such applicant taken by a qualified law enforcement agency and a notarized, completed form as specified in subsection (2) of this section. Said fingerprints and form shall be submitted to the department of education at the time of application. The provisions of this section CONCERNING SUBMISSION OF FINGERPRINTS shall not apply to any person making application for any professional license specified in section 22­60.5­201, 22­60.5­210, 22­60.5­301, or 22­60.5­306, for renewal of a license pursuant to the provisions of section 22­60.5­110, or for renewal of an authorization. ANY PERSON APPLYING FOR ANY PROFESSIONAL LICENSE SPECIFIED IN SECTION 22­60.5­201, 22­60.5­210, 22­60.5­301, OR 22­60.5­306, FOR RENEWAL OF A LICENSE PURSUANT TO THE PROVISIONS OF SECTION 22­60.5­110, OR FOR RENEWAL OF AN AUTHORIZATION SHALL, HOWEVER, SUBMIT A COMPLETED FORM AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION.

(3)  In addition to any other requirements established by law for the issuance OR RENEWAL of any provisional license specified in section 22­60.5­201, 22­60.5­210, 22­60.5­301, or 22­60.5­306 or for any authorization specified in section 22­60.5­111, the submittal of fingerprints and forms pursuant to the provisions of subsection (1) of this section shall be a prerequisite to the issuance OR RENEWAL of such license or authorization by the department of education. Said department shall not issue OR RENEW any provisional license specified in section 22­60.5­201, 22­60.5­210, 22­60.5­301, or 22­60.5­306 or any authorization specified in section 22­60.5­111 to any person making initial application who does not comply with the provisions of subsection (1) of this section.

SECTION 2.  22­60.5­115 (1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­115.  Rules and regulations. (1)  The state board of education is authorized to adopt and prescribe rules and regulations not inconsistent with the provisions of this article for its proper administration. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT, IN PRESCRIBING RULES FOR THE ADMINISTRATION OF THIS ARTICLE, THE STATE BOARD OF EDUCATION SHALL ADOPT THE MINIMUM AMOUNT OF RULES NECESSARY TO ENSURE THE LEAST CUMBERSOME PROCESS POSSIBLE FOR ISSUING AND RENEWING EDUCATOR LICENSES.

SECTION 3. 22­60.5­110 (3), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­110. Renewal of licenses. (3) (a)  Any professional license may be renewed upon submitting an application for renewal, payment of the statutory fee, and evidence of satisfactory completion by the applicant of ongoing professional development. appropriate to the type of professional license. A LICENSEE NEED NOT BE EMPLOYED AS A PROFESSIONAL EDUCATOR DURING ALL OR ANY PORTION OF THE TERM FOR WHICH HIS OR HER PROFESSIONAL EDUCATOR LICENSE IS VALID. EMPLOYMENT AS A PROFESSIONAL EDUCATOR SHALL NOT CONSTITUTE A REQUIREMENT FOR RENEWAL OF A PROFESSIONAL LICENSE. ANY PROFESSIONAL DEVELOPMENT ACTIVITIES COMPLETED BY AN APPLICANT FOR LICENSE RENEWAL SHALL APPLY EQUALLY TO RENEWAL OF ANY PROFESSIONAL EDUCATOR LICENSE OR ENDORSEMENT HELD BY THE APPLICANT.

(b)  A professional licensee in consultation with an immediate supervisor shall complete such ongoing professional development within the period of time for which such professional license is valid. Such professional development shall satisfy standards and criteria established by rule and regulation of the state board of education and may include, but need not be limited to, in­service 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; educational travel; involvement in school reform; internships; and ongoing professional development training and experiences. However, such guidelines and criteria shall not provide that any of the said referenced types of ongoing professional development shall be a requirement for renewal. THE STATE BOARD OF EDUCATION, BY RULE AND REGULATION, MAY ESTABLISH MINIMUM CRITERIA FOR PROFESSIONAL DEVELOPMENT; EXCEPT THAT SUCH CRITERIA SHALL NOT:

(I)  SPECIFY ANY PARTICULAR TYPE OF PROFESSIONAL DEVELOPMENT ACTIVITY AS A REQUIREMENT OR PARTIAL REQUIREMENT FOR LICENSE RENEWAL;

(II)  REQUIRE COMPLETION OF MORE THAN SIX CREDIT HOURS OR MORE THAN NINETY TOTAL CLOCK HOURS OF ACTIVITIES DURING THE TERM OF ANY PROFESSIONAL LICENSE;

(III)  PRESCRIBE A SCHEDULE FOR COMPLETION OF PROFESSIONAL DEVELOPMENT ACTIVITY DURING THE TERM OF ANY PROFESSIONAL LICENSE; OR

(IV)  REQUIRE PRIOR APPROVAL OR SUPERVISION OF PROFESSIONAL DEVELOPMENT ACTIVITIES.

(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:

(I)  KNOWLEDGE OF SUBJECT MATTER CONTENT AND LEARNING;

(II)  EFFECTIVE USE AND APPRECIATION OF ASSESSMENTS;

(III)  EFFECTIVE TEACHING OF THE DEMOCRATIC IDEAL;

(IV)  RECOGNITION, APPRECIATION, AND SUPPORT FOR ETHNIC, CULTURAL, GENDER, ECONOMIC, AND HUMAN DIVERSITY TO PROVIDE FAIR AND EQUITABLE TREATMENT AND CONSIDERATION FOR ALL;

(V)  EFFECTIVE COMMUNICATION WITH STUDENTS, COLLEAGUES, PARENTS, AND THE COMMUNITY;

(VI)  EFFECTIVE MODELING OF APPROPRIATE BEHAVIORS TO ENSURE QUALITY LEARNING EXPERIENCES FOR STUDENTS AND FOR COLLEAGUES;

(VII)  EFFECTIVE LEADERSHIP TO ENSURE A SCHOOL COMMUNITY THAT IS COMMITTED TO AND FOCUSED ON LEARNING;

(VIII)  CONSISTENTLY ETHICAL BEHAVIOR AND CREATION OF AN ENVIRONMENT THAT ENCOURAGES AND DEVELOPS RESPONSIBILITY, ETHICS, AND CITIZENSHIP IN SELF AND OTHERS;

(IX)  ACHIEVEMENT AS A CONTINUOUS LEARNER WHO ENCOURAGES AND SUPPORTS PERSONAL AND PROFESSIONAL DEVELOPMENT OF SELF AND OTHERS; AND

(X)  EFFECTIVE ORGANIZATION AND MANAGEMENT OF HUMAN AND FINANCIAL RESOURCES TO CREATE A SAFE AND EFFECTIVE WORKING AND LEARNING ENVIRONMENT.

SECTION 4. 22­60.5­111 (1) (d), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­111. Authorization ­ types ­ applicants' qualifications. (1)  Pursuant to the rules and regulations of the state board of education, the department of education is authorized to issue the following authorizations to persons of good moral character meeting the qualifications prescribed by this section and by the rules and regulations of the state board of education:

(d) (I)  A type IV authorization, transitional EXTENSION, authorizes school districts to employ a person to teach or to perform services as a principal, administrator, or special services provider, whichever is appropriate, if such person HOLDS A PROFESSIONAL LICENSE ISSUED PURSUANT TO THIS ARTICLE, OR AN EQUIVALENT CERTIFICATE THAT WAS ISSUED PURSUANT TO ARTICLE 60 OF THIS TITLE PRIOR TO JULY 1, 1994, AND IS UNABLE TO RENEW THE PROFESSIONAL LICENSE OR CERTIFICATE BECAUSE EXTREME HARDSHIP PREVENTS THE PERSON FROM COMPLETING THE PROFESSIONAL DEVELOPMENT REQUIREMENTS FOR RENEWAL. ANY PERSON SEEKING A TYPE IV AUTHORIZATION SHALL PRESENT EVIDENCE OF SUCH EXTREME HARDSHIP TO THE STATE BOARD OF EDUCATION AND THE STATE BOARD SHALL DETERMINE WHETHER TO ISSUE THE TYPE IV AUTHORIZATION. A TYPE IV AUTHORIZATION SHALL BE VALID FOR NO MORE THAN ONE YEAR AND MAY BE RENEWED ONLY IF THE PERSON HOLDING THE AUTHORIZATION MAKES A FURTHER SHOWING TO THE STATE BOARD THAT THE PERSON CONTINUES TO BE UNABLE TO RENEW HIS OR HER PROFESSIONAL LICENSE OR CERTIFICATE BECAUSE OF EXTREME HARDSHIP THAT PREVENTS THE PERSON FROM COMPLETING THE PROFESSIONAL DEVELOPMENT REQUIREMENTS FOR RENEWAL.

(A)  Holds a valid provisional or professional 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, and has not been actively employed as a provisional or professional teacher, principal, administrator, or special services provider, whichever is appropriate, within the period for which such license or certificate is valid, or any portion thereof; or previously held a provisional or professional 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, and was not actively employed as a provisional or professional teacher, principal, administrator, or special services provider, whichever is appropriate, within the period for which such license or certificate was valid, or any portion thereof; and

(B)  Is not or was not, as appropriate, actively employed as a provisional or professional teacher, principal, administrator, or special services provider, whichever is appropriate, due to a change in circumstances or careers, or provides satisfactory evidence of extreme financial hardship.

(II)  A type IV authorization shall be valid for no less than two years and may be renewed as authorized in rules and regulations adopted by the state board of education.

SECTION 5.  22­60.5­110, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­110.  Renewal of licenses ­ reinstatement of licenses and certificates.  (5)  ANY PERSON WHOSE PROFESSIONAL LICENSE OR CERTIFICATE IS NOT RENEWED MAY REINSTATE HIS OR HER PROFESSIONAL LICENSE OR CERTIFICATE BY SUBMITTING TO THE DEPARTMENT OF EDUCATION SUCH INFORMATION OR OTHER EVIDENCE AS MAY BE NECESSARY TO CURE THE DEFECT THAT RESULTED IN NONRENEWAL OF THE PROFESSIONAL LICENSE OR CERTIFICATE AND BY PAYING THE REINSTATEMENT FEE SET BY THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 22­60.5­112. SUCH CURATIVE INFORMATION OR EVIDENCE INCLUDES BUT IS NOT LIMITED TO EVIDENCE OF COMPLETION OF PROFESSIONAL DEVELOPMENT REQUIREMENTS, AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION, WHERE THE LICENSE OR CERTIFICATE IS NOT RENEWED BECAUSE OF FAILURE TO COMPLETE SUCH REQUIREMENTS. PRIOR TO REINSTATEMENT, ANY LICENSEE WHOSE PROFESSIONAL LICENSE OR CERTIFICATE IS NOT RENEWED SHALL BE DEEMED TO NOT HOLD A PROFESSIONAL LICENSE OR CERTIFICATE. NO PERSON SHALL BE REQUIRED TO DEMONSTRATE PROFESSIONAL COMPETENCIES IN ORDER TO REINSTATE A PROFESSIONAL LICENSE OR CERTIFICATE.

SECTION 6.  22­60.5­112, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­112.  Fees. The fee for the examination and review of an application for any license, endorsement, certificate, or authorization, or any renewal OR REINSTATEMENT thereof, shall be established by the state board of education and shall be nonrefundable. Upon determination of eligibility, such license, endorsement, certificate, or authorization shall be issued without an additional fee. The state board of education shall adjust if necessary all such fees annually so that they generate an amount of revenue that approximates the direct and indirect costs of the state board of education and of the department of education for the administration of this article; however, the state board of education shall establish and adjust such fees for licenses issued pursuant to section 22­60.5­201 (1) (a) so that the fees generate an amount of revenue that approximates the direct and indirect costs of the state board of education and the department of education for the administration of sections 22­60.5­201 (1) (a) and 22­60.5­205. All fees collected under this section shall be transmitted to the state treasurer and credited to the educator licensure cash fund, which fund is hereby created. All moneys credited to the teacher certification cash fund, as created in section 22­60­106, as of June 30, 1999, shall be transferred to the educator licensure cash fund on July 1, 1999. The general assembly shall make annual appropriations from the educator licensure cash fund for expenditures of the state board of education and of the department of education incurred in the administration of this article. At the end of any fiscal year, all unexpended and unencumbered moneys in the educator licensure cash fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

SECTION 7.  Part 1 of article 60.5 of title 22, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

22­60.5­109.5.  Inactive status of licenses. (1)  ANY PERSON WHO HOLDS A PROFESSIONAL LICENSE ISSUED PURSUANT TO THIS ARTICLE MAY CHOOSE TO CONVERT THE PROFESSIONAL LICENSE TO INACTIVE STATUS BY NOTIFYING THE DEPARTMENT OF EDUCATION IN WRITING AND SIMULTANEOUSLY TRANSFERRING, EITHER IN PERSON OR BY FIRST­CLASS MAIL, THE PROFESSIONAL LICENSE TO THE DEPARTMENT OF EDUCATION. WHILE ON INACTIVE STATUS, THE EXPIRATION DATE OF A PROFESSIONAL LICENSE SHALL BE SUSPENDED. WHEN THE PROFESSIONAL LICENSE IS RETURNED TO ACTIVE STATUS, IT SHALL BE VALID FOR THE PERIOD REMAINING ON THE LICENSE AS OF THE DATE THE LICENSE HOLDER ASSUMED INACTIVE PROFESSIONAL LICENSE STATUS. WHILE ON INACTIVE PROFESSIONAL LICENSE STATUS, THE PERSON SHALL BE DEEMED TO NOT HOLD A PROFESSIONAL LICENSE.

(2)  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 FIRST­CLASS 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.

(3)  ANY PERSON WHO IS ON INACTIVE STATUS PURSUANT TO THIS SECTION MAY, BUT IS NOT REQUIRED TO, COMPLETE PROFESSIONAL DEVELOPMENT ACTIVITIES WHILE ON INACTIVE STATUS. ANY PROFESSIONAL DEVELOPMENT ACTIVITIES COMPLETED WHILE ON INACTIVE STATUS SHALL APPLY TO RENEWAL OF THE PERSON'S PROFESSIONAL LICENSE AFTER THE PERSON RETURNS TO ACTIVE STATUS, SO LONG AS:

(a)  THE PERSON SUBMITS TO THE DEPARTMENT OF EDUCATION EVIDENCE OF COMPLETION OF THE PROFESSIONAL DEVELOPMENT ACTIVITIES;

(b)  THE PROFESSIONAL DEVELOPMENT ACTIVITIES MEET THE CRITERIA SPECIFIED BY THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 22­60.5­110 (3); AND

(c)  THE PROFESSIONAL DEVELOPMENT ACTIVITIES ARE COMPLETED WITHIN THE FIVE YEARS PRECEDING THE DATE ON WHICH THE PROFESSIONAL LICENSE WILL EXPIRE AFTER IT IS RETURNED TO ACTIVE STATUS.

SECTION 8. 22­60.5­114 (1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­114. State board of education ­ waivers. (1)  Notwithstanding any law to the contrary and upon application of any institution of higher education, school district, or board of cooperative services, the state board of education is authorized to waive any requirement imposed by this article in regard to alternative teacher programs, approved induction programs, professional development plans, or approved programs of preparation. Such waiver shall be granted only upon a two­thirds majority vote of the members of the state board of education and upon a sufficient showing that such waiver is necessary to allow innovative programs or plans intended to improve the quality of such educators. The state board of education shall promulgate rules and regulations regarding such procedures and criteria necessary for the implementation of this section.

SECTION 9. Part 1 of article 60.5 of title 22, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

22­60.5­118. Educator licenses ­ holding simultaneously. NOTHING IN THIS ARTICLE SHALL PROHIBIT A PERSON FROM SIMULTANEOUSLY HOLDING AND MAINTAINING DIFFERENT TYPES OF EDUCATOR LICENSES.

SECTION 10. 22­60.5­201 (1) (b) (III) and (1) (c) (I) (B), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­201. 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)  Provisional teacher license. (III) (A)  A provisional teacher license shall be valid in any school district or districts which THAT provide an approved induction program for teachers OR HAVE OBTAINED A WAIVER OF THE APPROVED INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (2). EXCEPT AS OTHERWISE PROVIDED IN SUB­SUBPARAGRAPH (B) OF THIS SUBPARAGRAPH (III), any provisional 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 teacher license without demonstrating professional competencies shall demonstrate professional competencies prior to renewing the provisional teacher license.

(B)  IF A PROVISIONAL 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 TEACHER LICENSE FOR ONE OR MORE ADDITIONAL THREE­YEAR PERIODS UPON THE PROVISIONAL LICENSEE'S SHOWING OF GOOD CAUSE FOR INABILITY TO COMPLETE AN INDUCTION PROGRAM.

(c)  Professional teacher license. (I)  Except as otherwise provided in subparagraph (II) of this paragraph (c) and section 22­60.5­113, the department of education may, in its discretion, issue a professional teacher license to any applicant who:

(B)  Has completed an approved induction program and has been recommended for licensure by the school district or districts which THAT provided such induction program; EXCEPT THAT THE APPLICANT NEED NOT COMPLETE AN APPROVED INDUCTION PROGRAM AS A PROVISIONAL TEACHER LICENSEE IF THE APPLICANT PREVIOUSLY COMPLETED AN INDUCTION PROGRAM WHILE TEACHING UNDER A TYPE I AUTHORIZATION, ADJUNCT TEACHER, TYPE III AUTHORIZATION, EMERGENCY, OR TYPE VI AUTHORIZATION, TEMPORARY, OR IF THE SCHOOL DISTRICT IN WHICH THE APPLICANT IS EMPLOYED HAS OBTAINED A WAIVER OF THE INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (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 LICENSED EDUCATORS; and

SECTION 11. 22­60.5­210 (1) (a) (II) and (1) (b) (I) (B), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­210. 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)  Provisional special services license. (II)  A provisional special services license shall be valid in any school district or districts which THAT provide an approved induction program for special services providers OR HAVE OBTAINED A WAIVER OF THE APPROVED INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (2). Any provisional 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 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 SPECIAL SERVICES LICENSE FOR ONE OR MORE ADDITIONAL THREE­YEAR PERIODS UPON THE PROVISIONAL LICENSEE'S SHOWING OF GOOD CAUSE FOR INABILITY TO COMPLETE AN APPROVED INDUCTION PROGRAM.

(b)  Professional special services license. (I)  Except as otherwise provided in section 22­60.5­113, the department of education may, in its discretion, issue a professional special services license to any applicant who:

(B)  Has completed an approved induction program for special services providers and has been recommended for licensure by the school district or districts which THAT provided such induction program; EXCEPT THAT THE APPLICANT NEED NOT COMPLETE AN APPROVED INDUCTION PROGRAM AS A PROVISIONAL SPECIAL SERVICES LICENSEE IF THE SCHOOL DISTRICT IN WHICH THE APPLICANT IS EMPLOYED HAS OBTAINED A WAIVER OF THE INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (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 LICENSED EDUCATORS.

SECTION 12. 22­60.5­301 (1) (a) (II) and (1) (b) (I) (C), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­301. 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)  Provisional principal license. (II)  A provisional principal license shall be valid in any school district or districts which THAT provide an approved induction program for principals OR HAVE OBTAINED A WAIVER OF THE APPROVED INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (2). Any provisional 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 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 PRINCIPAL LICENSE FOR ONE OR MORE ADDITIONAL THREE­YEAR PERIODS UPON THE PROVISIONAL LICENSEE'S SHOWING OF GOOD CAUSE FOR INABILITY TO COMPLETE AN APPROVED INDUCTION PROGRAM.

(b)  Professional principal license. (I)  Except as otherwise provided in section 22­60.5­113, the department of education may, in its discretion, issue a professional principal license to any applicant who:

(C)  Has completed an approved induction program for principals and has been recommended for licensure by the school district or districts which THAT provided such induction program; EXCEPT THAT THE APPLICANT NEED NOT COMPLETE AN APPROVED INDUCTION PROGRAM AS A PROVISIONAL PRINCIPAL LICENSEE IF THE SCHOOL DISTRICT IN WHICH THE APPLICANT IS EMPLOYED HAS OBTAINED A WAIVER OF THE INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (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 LICENSED EDUCATORS.

SECTION 13. 22­60.5­306 (1) (a) (II) and (1) (b) (I) (C), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­306. 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)  Provisional administrator license. (II)  A provisional administrator license shall be valid in any school district or districts which THAT provide an approved induction program for administrators OR HAVE OBTAINED A WAIVER OF THE APPROVED INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (2). Any provisional 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 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 ADMINISTRATOR LICENSE FOR ONE OR MORE ADDITIONAL THREE­YEAR PERIODS UPON THE PROVISIONAL LICENSEE'S SHOWING OF GOOD CAUSE FOR INABILITY TO COMPLETE AN APPROVED INDUCTION PROGRAM.

(b)  Professional administrator license. (I)  Except as otherwise provided in section 22­60.5­113, the department of education may, in its discretion, issue a professional administrator license to any applicant who:

(C)  Has completed an approved induction program for administrators and has been recommended for licensure by the school district or districts which THAT provided such induction program; EXCEPT THAT THE APPLICANT NEED NOT COMPLETE AN APPROVED INDUCTION PROGRAM AS A PROVISIONAL ADMINISTRATOR LICENSEE IF THE SCHOOL DISTRICT IN WHICH THE APPLICANT IS EMPLOYED HAS OBTAINED A WAIVER OF THE INDUCTION PROGRAM REQUIREMENT PURSUANT TO SECTION 22­60.5­114 (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 LICENSED EDUCATORS.

SECTION 14. 22­60.5­201 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­201. Types of teacher licenses issued ­ term. (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 TEACHER LICENSE OR UPON EXPIRATION OF A PROVISIONAL TEACHER LICENSE TO DEMONSTRATE PROFESSIONAL COMPETENCIES IF SAID PERSON DEMONSTRATED PROFESSIONAL COMPETENCIES PRIOR TO OBTAINING THE PROVISIONAL TEACHER LICENSE.

SECTION 15. 22­60.5­203 (1) and (3), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­203. Assessment of professional competencies. (1)  The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional and professional teacher 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 teacher licenses and of professional teacher licensees AND OF APPLICANTS FOR PROFESSIONAL TEACHER LICENSES WHO DO NOT DEMONSTRATE PROFESSIONAL COMPETENCIES PRIOR TO OBTAINING A PROVISIONAL TEACHER LICENSE.

SECTION 16. 22­60.5­210 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­210. Types of special services licenses issued ­ term. (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 administration and supervision of education instructional programs; EXCEPT THAT THE STATE BOARD OF EDUCATION MAY NOT REQUIRE ANY PERSON APPLYING FOR A PROFESSIONAL SPECIAL SERVICES LICENSE TO DEMONSTRATE PROFESSIONAL COMPETENCIES.

SECTION 17. 22­60.5­212, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­212. Assessment of professional competencies. (1)  The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional and professional 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 special services licenses. and of professional special services licensees.

SECTION 18. 22­60.5­301 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­301. Types of principal licenses issued ­ term. (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 administration and supervision of education instructional programs in this state; EXCEPT THAT THE STATE BOARD OF EDUCATION MAY NOT REQUIRE ANY PERSON APPLYING FOR A PROFESSIONAL PRINCIPAL LICENSE TO DEMONSTRATE PROFESSIONAL COMPETENCIES.

SECTION 19. 22­60.5­303 (1) and (3), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­303. Assessment of professional competencies. (1)  The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional and professional 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 principal licenses. and of professional principal licensees.

SECTION 20. 22­60.5­306 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­306. Types of administrator licenses issued ­ term. (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 administration and supervision of education instructional programs; EXCEPT THAT THE STATE BOARD OF EDUCATION MAY NOT REQUIRE ANY PERSON APPLYING FOR A PROFESSIONAL ADMINISTRATOR LICENSE TO DEMONSTRATE PROFESSIONAL COMPETENCIES.

SECTION 21. 22­60.5­308 (1) and (3), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­60.5­308. Assessment of professional competencies. (1)  The state board of education shall, by rule and regulation, establish areas of knowledge in which provisional and professional 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 administrator licenses. and of professional administrator licensees.

SECTION 22. 22­60.5­201, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­60.5­201. Types of teacher licenses issued ­ term. (3.5)  THE DEPARTMENT OF EDUCATION MAY, AT ITS DISCRETION, ISSUE A PROFESSIONAL LICENSE PROVIDED FOR IN PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION TO ANY APPLICANT WHO IS CERTIFIED BY A NATIONALLY RECOGNIZED TEACHER CERTIFICATION ORGANIZATION THAT IS APPROVED BY THE STATE BOARD OF EDUCATION.

SECTION 23. 22­60.5­301 (1) (a) (I) (C), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­301. 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)  Provisional principal license. (I)  The department of education, in its discretion, may issue a provisional principal license to any applicant who:

(C)  Has completed three or more years of successful teaching 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;

SECTION 24. 22­60.5­309.5, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­60.5­309.5. Licensed administrators ­ occasional teaching. Any administrator who holds a valid provisional or professional administrator=s license pursuant to this part 3, who has completed three or more years of successful teaching 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 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 25.  22­60.5­215 (3), Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:

22­60.5­215.  Powers and duties of the teacher and special services professional standards board ­ repeal. (3)  Any recommendations made by the teacher and special services professional standards board pursuant to subsection (1) of this section shall be carefully considered by the state board of education. The state board of education may refer with written comments any recommendation back to the teacher and special services professional standards board for further review and discussion.

SECTION 26.  22­60.5­311 (3), Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:

22­60.5­311.  Powers and duties of the principal and administrator professional standards board ­ repeal. (3)  Any recommendations made by the principal and administrator professional standards board pursuant to subsection (1) of this section shall be carefully considered by the state board of education. The state board of education may refer with written comments any recommendation back to the principal and administrator professional standards board for further review and discussion.

SECTION 27.  22­60.5­402 (3), Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:

22­60.5­402.  Powers and duties of the educator professional standards board. (3)  Any recommendations made by the educator professional standards board pursuant to subsection (1) of this section shall be carefully considered by the state board of education. The state board of education may refer with written comments any recommendation back to the educator professional standards board for further review and recommendation.

SECTION 28.  Repeal. 22­60­116, 22­60­117 (1) (i), and 22­60.5­208, Colorado Revised Statutes, 1995 Repl. Vol., are repealed.

SECTION 29.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the educator licensure cash fund created in section 22­60.5­112, Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1997, the sum of twenty­five thousand five hundred fifty dollars ($25,550), or so much thereof as may be necessary, for the implementation of this act.

SECTION 30.  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.



____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE





____________________________ ____________________________

Judith M. Rodrigue Joan M. Albi

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE



APPROVED________________________________________




_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO