BY REPRESENTATIVES Allen, Dean, Tupa, T. Williams, Arrington, and Bacon;
also SENATORS Arnold, B. Alexander, and Matsunaka.
CONCERNING THE PERFORMANCE EVALUATION SYSTEM FOR
CERTIFICATED EDUCATION PERSONNEL.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 229108,
Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS,
to read:
229108. Evaluator training
universities and colleges duties.
(1) (a) THE GENERAL ASSEMBLY FINDS THAT CREDIBLE,
FAIR, AND PROFESSIONAL EVALUATIONS OF CERTIFICATED PERSONNEL DEPEND
UPON HIGH QUALITY, EFFECTIVE TRAINING FOR PRINCIPALS AND ADMINISTRATORS
THAT IS CONSISTENT ACROSS THE STATE. THEREFORE, THE STATE BOARD,
IN EVALUATING AND APPROVING EDUCATOR PREPARATION PROGRAMS PURSUANT
TO SECTION 222109, AND IN APPROVING EVALUATOR TRAINING
PROGRAMS PROVIDED BY A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE
SERVICES, SHALL ENSURE THAT SAID PROGRAMS MEET THE REQUIREMENTS
SPECIFIED IN THIS SECTION.
(b) EVERY UNIVERSITY AND COLLEGE WITHIN
THE STATE THAT HAS A PRINCIPAL OR ADMINISTRATOR PREPARATION PROGRAM
SHALL ENSURE THAT THE PROGRAM INCLUDES TRAINING IN THE EVALUATION
OF CERTIFICATED PERSONNEL THAT MEETS THE REQUIREMENTS SPECIFIED
IN THIS SECTION. IN ADDITION, THE UNIVERSITY OR COLLEGE SHALL
COOPERATE WITH THE STATE BOARD IN CONNECTION WITH THE STATE BOARD'S
DUTIES UNDER SECTIONS 229104 AND 222109.
(c) EVERY SCHOOL DISTRICT AND BOARD OF
COOPERATIVE SERVICES THAT PROVIDES TRAINING IN THE EVALUATION
OF CERTIFICATED PERSONNEL SHALL ENSURE THAT SUCH TRAINING MEETS
THE REQUIREMENTS SPECIFIED IN THIS SECTION.
(2) EACH UNIVERSITY OR COLLEGE THAT OFFERS
A PRINCIPAL OR ADMINISTRATOR PREPARATION PROGRAM OR SCHOOL DISTRICT
OR BOARD OF COOPERATIVE SERVICES THAT PROVIDES EVALUATOR TRAINING
SHALL STRUCTURE THE EVALUATOR TRAINING PROGRAM ON A STANDARDSBASED
SKILL OUTCOME MODEL THAT TAKES INTO ACCOUNT RESEARCH CONCERNING
EVALUATION OF CERTIFICATED PERSONNEL. AT A MINIMUM, EACH EVALUATOR
TRAINING PROGRAM SHALL INCLUDE STANDARDSBASED PERFORMANCE
ASSESSMENTS OF EACH PARTICIPANT, DEMONSTRATED COMPETENCY, AND
CERTIFICATION BY THE UNIVERSITY, COLLEGE, SCHOOL DISTRICT, OR
BOARD OF COOPERATIVE SERVICES OF THE SKILLS MASTERED BY EACH PARTICIPANT.
THE UNIVERSITY, COLLEGE, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
SERVICES SHALL WORK COLLABORATIVELY WITH PRINCIPALS AND ADMINISTRATORS
WHO ARE RESPONSIBLE FOR EVALUATING CERTIFICATED PERSONNEL TO DEVELOP
RESEARCHBASED STANDARDS FOR ASSESSING AND CERTIFYING EVALUATOR
SKILLS. THE UNIVERSITY, COLLEGE, SCHOOL DISTRICT, OR BOARD OF
COOPERATIVE SERVICES SHALL REGULARLY REVIEW BOTH THE MODEL FOR
THE EVALUATOR TRAINING PROGRAM AND THE PROGRAM PERFORMANCE STANDARDS
TO ENSURE THAT THEY CONTINUE TO REFLECT RESEARCH CONCERNING EVALUATION
OF CERTIFICATED PERSONNEL.
(3) AT A MINIMUM, EACH EVALUATOR TRAINING
PROGRAM SHALL INCLUDE TRAINING IN THE FOLLOWING AREAS:
(a) TEACHING AND LEARNING STYLES;
(b) STUDENT PERFORMANCE AND STUDENT ASSESSMENT;
(c) DATA COLLECTION AND DOCUMENTATION;
AND
(d) SCHOOL DISTRICT STANDARDS AND STATE MANDATES.
SECTION 2. 222109
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
222109. State board of
education additional duties. (1) The
state board of education shall:
(p) ADOPT RULES TO ENSURE THAT PRINCIPAL
AND ADMINISTRATOR PROGRAMS OF PREPARATION MEET THE REQUIREMENTS
CONCERNING INSTRUCTION IN EVALUATING CERTIFICATED PERSONNEL SPECIFIED
IN SECTION 229108.
SECTION 3. 229104
(2) (b), Colorado Revised Statutes, is amended to read:
229104. State board
powers and duties. (2) The
state board shall:
(b) Work and cooperate with the state's
universities and colleges which
THAT have teacher, principal, or administrator education programs
to assure that persons
PRINCIPALS AND ADMINISTRATORS having evaluation responsibilities
will receive adequate education and training THAT MEETS THE REQUIREMENTS
SPECIFIED IN SECTION 229108 which
AND will enable them to make thorough, credible, fair, and professional
quality evaluations of all certificated personnel whom those persons
PRINCIPALS OR ADMINISTRATORS may be responsible for evaluating;
SECTION 4. 229106
(4), Colorado Revised Statutes, is amended to read:
229106. Local boards of
education duties. (4) No
person shall be responsible for the evaluation of certificated
personnel unless such person has an administrative certificate
issued pursuant to article 60 of this title OR A PRINCIPAL OR
ADMINISTRATOR LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS
TITLE and has received education and training in evaluation skills
approved by the department of education which
THAT will enable him OR HER to make fair, professional, and credible
evaluations of the personnel whom he OR SHE is responsible for
evaluating. No person shall be issued an administrative certificate
OR A PRINCIPAL OR ADMINISTRATOR LICENSE or have an administrative
certificate OR PRINCIPAL OR ADMINISTRATOR LICENSE renewed unless
the state board determines that such person has received education
and training approved by the department of education.
SECTION 5. 229106
(1), (2.5), (3), and (4.5), Colorado Revised Statutes, are amended,
and the said 229106 is further amended BY THE ADDITION
OF THE FOLLOWING NEW SUBSECTIONS, to read:
229106. Local boards of
education duties. (1) All
school districts and boards of cooperative services which
THAT employ certificated personnel, as defined in section 229103
(1.5), shall adopt a written system to evaluate the employment
performance of school district and board of cooperative services
certificated personnel, including all teachers, principals, and
administrators, with the exception of certificated personnel employed
by a board of cooperative services for a period of six weeks or
less. In developing the certificated personnel performance evaluation
system and any amendments thereto, the local board and board of
cooperative services shall consult with administrators, principals,
and teachers employed within the district or participating districts
in a board of cooperative services, parents, and the school district
certificated personnel performance evaluation council or the board
of cooperative services personnel performance evaluation council
created pursuant to section 229107. The performance
evaluation system shall contain, but shall not be limited to,
the following information:
(a) The title or position of the evaluator
for each certificated personnel position to be evaluated;
(b) The certificated personnel positions
to be evaluated, which shall include all certificated personnel,
all parttime teachers as defined in section 2263103
(6), and all administrators and principals;
(c) The frequency and duration of the
evaluations, which shall be on a regular basis and of such frequency
and duration as to insure
ENSURE the collection of a sufficient amount of data from which
reliable conclusions and findings may be drawn. AT A MINIMUM,
THE PERFORMANCE EVALUATION SYSTEM SHALL ENSURE THAT PROBATIONARY
TEACHERS RECEIVE AT LEAST TWO DOCUMENTED OBSERVATIONS AND ONE
EVALUATION THAT RESULTS IN A WRITTEN EVALUATION REPORT PURSUANT
TO SUBSECTION (3) OF THIS SECTION EACH ACADEMIC YEAR AND THAT
NONPROBATIONARY TEACHERS RECEIVE AT LEAST ONE OBSERVATION EACH
YEAR AND ONE EVALUATION THAT RESULTS IN A WRITTEN EVALUATION REPORT
PURSUANT TO SUBSECTION (3) OF THIS SECTION EVERY THREE YEARS.
(d) The purposes of the evaluation, which
shall serve as
INCLUDE BUT NEED NOT BE LIMITED TO:
(I) PROVIDING a basis for the improvement
of instruction;
(II) Enhance
ENHANCING the implementation of programs of curriculum;
(III) serve
as PROVIDING the measurement of satisfactory
performance for individual certificated personnel and serve
SERVING as documentation for an unsatisfactory performance dismissal
proceeding under article 63 of this title;
(IV) serve
SERVING as a measurement of the professional growth and development
of certificated personnel; and
(V) measure
MEASURING the level of performance of all certificated personnel
within the school district or employed by a board of cooperative
services;
(e) The standards SET BY THE LOCAL BOARD
for satisfactory performance for certificated personnel and the
criteria to be used to determine whether the performance of each
certificated personnel
PERSON meets such standards and other criteria for evaluation
for each certificated personnel position evaluated. ONE OF THE
STANDARDS FOR MEASURING TEACHER PERFORMANCE SHALL BE DIRECTLY
RELATED TO CLASSROOM INSTRUCTION AND SHALL INCLUDE MULTIPLE MEASURES
OF STUDENT PERFORMANCE. THE PERFORMANCE EVALUATION SYSTEM SHALL
ALSO ENSURE THAT THE STANDARDS AND CRITERIA ARE AVAILABLE IN WRITING
TO ALL CERTIFICATED PERSONNEL AND ARE COMMUNICATED AND DISCUSSED
BY THE PERSON BEING EVALUATED AND THE EVALUATOR PRIOR TO AND DURING
THE COURSE OF THE EVALUATION.
(f) The methods of evaluation, which shall
include, but shall not be limited to, direct observations by the
evaluator and a process of systematic datagathering.
(2.5) The council shall actively participate
with the local board or board of cooperative services in developing
written standards for evaluation which
THAT clearly specify satisfactory performance and the criteria
to be used to determine whether the performance of each certificated
personnel
PERSON meets such standards pursuant to paragraph (e) of subsection
(1) of this section.
(3) An evaluation report shall be issued upon the completion of an evaluation made pursuant to this section and shall:
(a) Be in writing;
(b) Contain a written improvement plan,
which
THAT shall be specific as to what improvements, if any, are needed
in the performance of the certificated personnel and shall clearly
set forth recommendations for improvements, including recommendations
for additional education and training during the teacher's recertification
process;
(c) Be specific as to the strengths and
weaknesses in the performance of the individual being evaluated;
(d) Specifically identify when a direct
observation was made;
(e) Identify data sources;
(f) Be discussed and be signed by the
evaluator and the person being evaluated, each to receive a copy
of the report. The signature on the report of any person shall
not be construed to indicate agreement with the information contained
in the report. IF THE PERSON BEING EVALUATED DISAGREES WITH ANY
OF THE CONCLUSIONS OR RECOMMENDATIONS MADE IN THE EVALUATION REPORT,
THE PERSON MAY ATTACH ANY WRITTEN EXPLANATION OR OTHER RELEVANT
DOCUMENTATION THAT THE PERSON DEEMS NECESSARY.
(g) Be reviewed by a supervisor of the
evaluator, whose signature shall also appear on said report.
(3.2) IN ADDITION TO THE ITEMS SPECIFIED
IN SUBSECTION (3) OF THIS SECTION, THE EVALUATION OF A TEACHER
MAY INCLUDE ANY PEER, PARENT, OR STUDENT INPUT OBTAINED FROM STANDARDIZED
SURVEYS.
(3.3) EACH PRINCIPAL OR ADMINISTRATOR
WHO IS RESPONSIBLE FOR EVALUATING CERTIFICATED PERSONNEL SHALL
KEEP RECORDS AND DOCUMENTATION FOR EACH EVALUATION CONDUCTED.
EACH PRINCIPAL AND ADMINISTRATOR WHO IS RESPONSIBLE FOR EVALUATING
CERTIFICATED PERSONNEL SHALL BE EVALUATED AS TO HOW WELL HE OR
SHE CARRIES OUT THE EVALUATION RESPONSIBILITIES UNDER THE SCHOOL
DISTRICT'S EVALUATION SYSTEM.
(4.5) Any certificated
personnel PERSON whose performance
evaluation includes a remediation plan shall be given an opportunity
to improve his OR HER performance through the implementation of
the plan. If the next performance evaluation shows that the certificated
personnel PERSON is now performing
satisfactorily, no further action shall be taken concerning the
original performance evaluation. If such evaluation shows the
certificated personnel
PERSON is still not performing satisfactorily, the evaluator shall
either make additional recommendations for improvement or may
recommend the dismissal of such certificated
personnel PERSON in accordance with
the provisions of article 63 of this title.
SECTION 6. Effective
date applicability. This act shall take effect July
1, 1998, and the provisions of section 5 of this act shall apply
to evaluations conducted on or after said date.
SECTION 7. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO