1999

SENATE BILL 99-154

BY SENATORS Evans, Andrews, Epps, Lamborn, Teck, Wham, Arnold, Blickensderfer, Congrove, Hillman, Musgrave, Nichol, and Weddig;

also REPRESENTATIVES Gotlieb, Kaufman, Allen, Dean, Sinclair, George, Mace, and Stengel.

SECTION 1.  23-1-121, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:

23-1-121.  Commission directive - approval of teacher preparation programs. (1)  As used in this section, unless the context otherwise requires:

(a)  "Approved teacher preparation program" means a teacher preparation program that has been reviewed pursuant to the provisions of this section and has been determined by the commission to meet the performance-based standards established by the commission pursuant to this section and the requirements of sections 23-1-108 and 23-1-116 and to be designed and implemented in accordance with the requirements of the "Higher Education Quality Assurance Act", article 13 of this title.

(b)  "Institution of higher education" means a public institution of higher education within the state system of higher education.

(c)  "Teacher candidate" means a person who is participating in a teacher preparation program in order to enter the teaching profession.

(d)  "Teacher preparation program" or "program" means a program of study specifically designed to prepare teacher candidates to provide high quality instruction for students.

(2)  On or before July 1, 2000, the commission shall adopt policies establishing the requirements for teacher preparation programs offered by institutions of higher education. The commission shall work in cooperation with the state board of education in developing the requirements for teacher preparation programs. At a minimum, the requirements shall ensure that each teacher preparation program may be completed within four academic years, is designed on a performance-based model, and includes:

(a)  A comprehensive admission system that includes screening of and counseling for students who are considering becoming teacher candidates;

(b)  Ongoing screening and counseling of teacher candidates by practicing teachers or faculty members;

(c)  Course work and field-based training that integrates theory and practice and educates teacher candidates in the methodologies, practices, and procedures of teaching standards-based education, as described in part 4 of article 7 of this title, and specifically in teaching to the state model content standards adopted pursuant to section 22-7-406, C.R.S.;

(d)  A requirement that each teacher candidate complete during the course of the teacher preparation program a minimum of eight hundred hours of supervised field-based experience that relates to predetermined learning standards;

(e)  A requirement that each teacher candidate, prior to graduation, must demonstrate the skills required for licensure, as specified by rule of the state board of education pursuant to section 22-2-109 (3), C.R.S., in the manner specified by rule of the state board;

(f)  Comprehensive, ongoing assessment including evaluation of each teacher candidate's subject matter and professional knowledge and ability to demonstrate skill in applying the professional knowledge base.

(3)  On or before July 1, 2000, the commission shall also adopt policies to ensure that each teacher preparation program includes implementation of procedures to monitor and improve the effectiveness of the program, including at a minimum the following:

(a)  Periodic review by the institution of higher education offering the teacher preparation program to ensure that the program meets the requirements specified by the commission pursuant to this section;

(b)  Implementation of a procedure for collecting and reviewing evaluative data concerning the teacher preparation program and for modifying the program as necessary in response to the data collected;

(c)  Implementation of a procedure for reviewing the scores achieved on the professional competency assessments required pursuant to section 22-60.5-201, C.R.S., by teacher candidates enrolled in and graduating from the program and modifying the teacher preparation program as necessary to improve those scores;

(d)  Implementation of an institutional reward system for faculty and supervisors involved in the teacher preparation program that supports and encourages field-based activity.

(4) (a) (I)  Beginning July 1, 2000, and prior to July 1, 2001, the commission, in conjunction with the state board of education, shall review each teacher preparation program offered by an institution of higher education as provided in paragraph (b) of this subsection (4). All teacher preparation programs shall be discontinued as of July 1, 2001, unless reapproved prior to said date.

(II)  Following the initial review of teacher preparation programs pursuant to this section, the commission shall establish a schedule for review of programs that ensures each program is reviewed as provided in this section at least every five years.

(III)  Any institution of higher education that chooses to offer a new teacher preparation program or modify an existing program, either by significantly modifying the content or modifying the geographic area in which the program is offered, shall submit the new or modified program to the commission for review pursuant to this section; except that an institution need not submit for review any program offered on a cash-funded basis. The commission shall adopt policies and procedures for the review of new and modified programs.

(b)  Each program review conducted pursuant to paragraph (a) of this subsection (4) shall ensure that the program meets the minimum requirements adopted pursuant to subsections (2) and (3) of this section and the requirements of sections 23-1-108 and 23-1-116 and any policies adopted pursuant thereto. In addition, the commission shall ensure that the program is designed and implemented in accordance with the requirement s of the "Higher Education Quality Assurance Act", article 13 of this title. In determining whether to initially approve or continue the approval of a teacher preparation program, the commission shall consider any recommendations made by the state board of education pursuant to section 22-2-109 (5) concerning the effectiveness of the program content. If the state board of education recommends that a program not be approved, the commission shall follow said recommendation by refusing initial approval of said program or placing said program on probation.

(c)  Each institution of higher education that offers a teacher preparation program shall submit to the commission an annual report to assist the commission in reviewing the teacher preparation program pursuant to this section. The commission shall collaborate with representatives from the governing boards of each institution of higher education that offers a teacher preparation program in specifying the information to be included in the annual report.

(d)  Following review of a teacher preparation program, if the commission determines that the program does not meet the requirements specified in paragraph (b) of this subsection (4), it shall place the program on probation. The commission shall adopt policies specifying the procedures for placing a program on probation and for subsequently terminating a program, including a procedure for appeal. A teacher preparation program that is placed on probation shall not accept new students until the commission removes the teacher preparation program from probationary status. If the commission determines that termination of the approval of a teacher preparation program is necessary, the program shall be terminated within four years after said determination. If the commission places a program on probation based on the recommendation of the state board of education, the commission shall consult with the state board of education in determining whether the program should be reapproved or whether approval should be terminated.

(5)  The commission, upon the request of a nonpublic institution that provides a teacher preparation program, shall approve the program upon receipt of confirmation by the state board of education that the program content is designed and implemented in a manner that will enable a teacher candidate to meet the requirements specified by the state board of education pursuant to section 22-2-109 (3), C.R.S., and the requirements for licensure endorsement adopted by rule of the state board of education pursuant to section 22-60.5-106, C.R.S.

(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 teacher license pursuant to section 22-60.5-201, C.R.S., and the percentage of said graduates who passed the basic skills assessment and related 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 2.  22-2-109, Colorado Revised Statutes, is amended to read:

22-2-109.  State board of education - additional duties. (1)  The state board of education shall:

(a)  Repealed.

(b)  Evaluate and determine and publish its findings as to which programs of study in Colorado institutions of higher education meet the requirements of an approved program of teacher preparation pursuant to section 22-60-103 (2) or article 60.5 of this title;

(c)  Adopt rules that prescribe standards for the evaluation of teacher preparation programs, including the extent to which such teacher preparation programs prepare teachers to teach in accordance with the goals of standards-based education pursuant to part 4 of article 7 of this title;

(d)  Adopt rules and regulations for a procedure through which statements of partial completion of approved programs may be combined pursuant to section 22-60-104 (5) (b);

(e)  Make periodic visits as may be necessary to the colleges and universities in the state in order to observe, evaluate, and approve the programs of teacher preparation offered therein;

(f)  Utilize representatives from all levels of education in the development of standards of evaluation and in the evaluation of teacher preparation programs in the institutions of higher education of the state;

(g)  Adopt rules and regulations which that prescribe performance-based standards of qualification, preparation, training, or experience that are required for the issuance of all certificates and letters of authorization, licenses and authorizations, as provided for in article 60 article 60.5 of this title;

(h)  Adopt rules and regulations which that prescribe performance-based standards for endorsements deemed appropriate for each type of certificate or letter of license or authorization;

(i)  Utilize representatives from all levels of education in the development of performance-based standards of qualification, preparation, and experience for all certificates, letters of authorization, licenses, authorizations, and endorsements;

(j)  Conduct or arrange for research pertinent or essential to implement the provisions of article 60 article 60.5 of this title, including but not limited to teacher certification licensure and teacher preparation programs in institutions of higher education;

(k)  Develop and implement policies and procedures for the approval of teacher education classes and programs offered in Colorado for academic credit and operated by institutions of higher education from outside Colorado;

(l)  Inform certificated teachers of the availability of the economic work-learn program for in-service education programs for recertification credit;

(m)  Repealed.

(n)  Provide for the coordination, to the greatest extent possible, of the review by the department of education of approved programs of preparation and the review of accepted institutions of higher education by nationally recognized accrediting agencies or organizations;

(o)  Notify the Colorado commission on higher education of any programs of preparation of accepted institutions of higher education which the state board of education has refused to approve and to recommend the termination of such programs;

(p)  Adopt rules to ensure that principal and administrator programs of preparation meet the requirements concerning instruction in evaluating certificated personnel specified in section 22-9-108.

(2) Effective July 1, 1968, the state board of education shall perform the duties previously allocated to the state board of teacher certification. Whenever any law of this state refers to the state board of teacher certification, said law shall be construed as referring to the state board of education.

(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 teacher license shall have and be able to demonstrate the following skills:

(a)  The ability to align instructional objectives with adopted student learning standards;

(b)  The ability to teach in a manner that addresses individual student needs and enables the student to improve his or her performance;

(c)  Proficiency in measuring and monitoring each student's progress toward achieving learning standards;

(d)  The ability to adjust instructional practices and methods when necessary to stimulate or enhance student progress;

(e)  The ability to engage parents as learning partners to promote student learning;

(f)  The ability to integrate technology into instruction at the grade level for which the teacher expects to be endorsed;

(g)  The ability to assess student performance;

(h)  The ability to demonstrate a high level of content area knowledge and professional competencies in the areas identified by rule of the state board pursuant to section 22-60.5-203.

(4)  In adopting the performance-based teacher licensure standards pursuant to subsection (3) of this section, the state board shall also adopt rules specifying the methods by which a teacher candidate may demonstrate that he or she has achieved the specified skills and the manner in which such demonstrations may be documented for submission when the teacher candidate applies for licensure.

(5) (a)  The state board shall review the content of teacher preparation programs offered by institutions of higher education within the state. Such review shall be designed to ensure that the content of each program is designed and implemented in a manner that will enable a teacher candidate to meet the requirements specified by the state board pursuant to subsection (3) of this section and the requirements for licensure endorsement adopted by rule of the state board pursuant to section 22-60.5-106. The state board shall recommend to the Colorado commission on higher education that a program not be approved pursuant to section 23-1-121, C.R.S., if it determines that the program content does not meet the requirements specified in subsection (3) of this section or the endorsement requirements.

(b)  Upon the request of a nonpublic institution that provides a teacher preparation program, the state board shall review the content of the program to determine whether the program content is designed and implemented in a manner that will enable a teacher candidate to meet the requirements specified by the state board of education pursuant to subsection (3) of this section, and the requirements for licensure endorsement adopted by rule of the state board pursuant to section 22-60.5-106. Upon completion of the review, the state board shall notify the Colorado commission on higher education concerning whether the program content meets said requirements.

SECTION 3.  22-60.5-116 (2) and (4), Colorado Revised Statutes, are amended to read:

22-60.5-116.  Evaluation of approved programs of preparation for teachers, principals, and administrators - repeal. (2)  Effective July 1, 1999, every two years, teachers Beginning July 1, 1999, each teacher employed by the school districts a school district of the state who completed their his or her preparation at an accepted institutions institution of higher education in this state shall evaluate their the program during their his or her first and third years of teaching. Each teacher who completes his or her preparation at an accepted institution of higher education in another state may also evaluate his or her program. Such evaluations shall include assessments of the extent to which the teacher preparation programs program sufficiently addressed and prepared teachers the teacher to implement standards-based education pursuant to part 4 of article 7 of this title meet the performance-based standards for teacher licensure specified by rule of the state board of education pursuant to section 22-2-109 (3). For 1999 and every year thereafter, a sample of principals and administrators employed by the school districts of the state who completed their preparation at accepted institutions of higher education in this state shall evaluate their programs. Such sample shall be selected by the department of education. Such evaluations shall be on forms prepared and distributed by the department of education. The completed forms shall be returned to the department of education for compilation, review by the educator professional standards board and the state board of education, and dissemination to Colorado teacher, principal, and administrator preparation institutions. In addition, the completed forms may be reviewed by the educator professional standards board. The department of education shall provide copies of the compiled results of such completed forms to the members of the committees on education of the house of representatives and the senate, which shall review the results at a joint meeting pursuant to section 22-60.5-116.5. In addition, the department of education may provide copies of the compiled results to each school district and to the Colorado commission on higher education.

(4)  Effective July 1, 1999, the administrative staff of the school districts of this state shall be provided forms for the evaluation of approved programs of preparation of teachers of graduates of Colorado teacher preparation institutions employed within said school districts. The administrative staff may also review approved teacher preparation programs of teachers employed by the school district who graduated from out-of-state institutions. Such evaluations shall include assessments of the extent to which the teacher preparation programs sufficiently addressed and prepared teachers to implement standards-based education pursuant to part 4 of article 7 of this title meet the performance-based standards for teacher licensure specified by rule of the state board of education pursuant to section 22-2-109 (3) and the extent to which the school district was required to remediate each teacher. Evaluations shall be completed during the first and third years of teaching as specified in subsection (2) of this section or at such other times as may be deemed appropriate by the state board of education. Such forms shall be returned to the department of education for compilation, review by the educator professional standards board and the state board of education, and dissemination to Colorado teacher preparation institutions. In addition, the completed forms may be reviewed by the educator professional standards board. The department of education shall provide copies of the compiled results of such completed forms to the members of the committees on education of the house of representatives and the senate, which shall review the results at a joint meeting pursuant to section 22-60.5-116.5. In addition, the department of education may provide copies of the compiled results to each school district and to the Colorado commission on higher education.

SECTION 4.  Part 1 of article 60.5 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22-60.5-116.5.  Education committees - evaluation of teacher preparation programs - biannual joint meeting. (1)  The committees on education of the house of representatives and the senate shall biannually hold a joint meeting to assess the reports received concerning the effectiveness of the approved teacher preparation programs offered by accepted institutions of higher education in the state. At the meeting, the committees shall consider the compiled results of the completed evaluation forms received pursuant to section 22-60.5-116 (2) and (4) and the reports on the review of approved teacher preparation programs received from the Colorado commission on higher education pursuant to section 23-1-121 (6), C.R.S. The committees shall take testimony from representatives of the institutions of higher education that provide the teacher preparation programs, the state board of education, the Colorado commission on higher education, and from any other interested persons. Based on the review of said results and reports and any testimony received, the committees shall assess whether the approved teacher preparation programs are adequately preparing teacher candidates to meet the performance-based teacher licensure standards adopted by rule of the state board of education pursuant to section 22-2-109 (3). In addition, the committees shall assess whether each approved teacher preparation program is being implemented in accordance with the requirements of the "Higher Education Quality Assurance Act", article 13 of title 23, C.R.S.

(2)  If the committees, based on the reports received from the Colorado commission on higher education and the department of education, determine that an approved teacher preparation program is not adequately preparing teacher candidates or is not being implemented in accordance with the requirements of the "Higher Education Quality Assurance Act", article 13 of title 23, C.R.S., the committees shall instruct the Colorado commission on higher education to reduce the funding received by the institution of higher education that provides the approved teacher preparation program during the next fiscal year. The commission shall notify the committees of the amount of said reduction prior to introduction of the annual general appropriations bill.

SECTION 5.  22-60.5-102 (8) (a), Colorado Revised Statutes, is amended to read:

22-60.5-102.  Definitions. As used in this article, unless the context otherwise requires:

(8) (a)  "Approved program of preparation" means a program of study for preparation that meets the standards of the state board of education is approved by the Colorado commission on higher education pursuant to section 23-1-121, C.R.S., and that upon completion leads to a recommendation for licensure by an accepted institution of higher education.

SECTION 6. Repeal.  22-60.5-215 (1) (f) and (1) (g), Colorado Revised Statutes, are repealed as follows:

22-60.5-215.  Powers and duties of the teacher and special services professional standards board - repeal. (1)  In addition to any other powers and duties conferred upon the teacher and special services professional standards board, said board shall study, develop, and make recommendations to the state board of education regarding the following:

(f)  Criteria for the approval by the state board of education of any proposed programs of preparation for teachers, including, but not limited to, admission standards and exit requirements for such programs of preparation, quality field experience, active recruitment of students with diverse backgrounds due to culture, race, ethnicity, and gender, and training for teaching multiethnic and multicultural student populations;

(g)  Procedures and criteria for the evaluation of approved programs of preparation for teachers by the department of education, including, but not limited to, admission standards and exit requirements for such approved programs of preparation, quality field experience, active recruitment of students with diverse backgrounds due to culture, race, ethnicity, and gender, and training for teaching multiethnic and multicultural student populations;

SECTION 7.  22-60.5-402 (1) (f) and (1) (g), Colorado Revised Statutes, are repealed as follows:

22-60.5-402.  Powers and duties of the educator professional standards board. (1)  Effective July 1, 1999, in addition to any other powers and duties conferred upon the educator professional standards board, said board shall study, develop, and make recommendations to the state board of education regarding the following:

(f)  Criteria for the approval by the state board of education of any proposed programs of preparation, including, but not limited to, admission standards and exit requirements for such programs of preparation, field experience, active recruitment of students with diverse backgrounds due to culture, race, ethnicity, and gender, and training for teaching and dealing with, as applicable, multiethnic and multicultural student populations;

(g)  Procedures and criteria for the evaluation of approved programs of preparation by the department of education, including, but not limited to, admission standards and exit requirements for such approved programs of preparation, field experience, active recruitment of students with diverse backgrounds due to culture, race, ethnicity, and gender, and training for teaching and dealing with, as applicable, multiethnic and multicultural student populations;

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

22-60.5-114.  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 or approved induction programs. or approved programs of preparation. Such waiver shall be granted only upon a two-thirds 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 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.  Article 32 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22-32-110.3.  Board of education - specific powers - teacher in residence program. (1)  The general assembly recognizes that many school districts face a shortage of teachers and often struggle to find qualified persons to teach their students. The general assembly finds that the increased use of emergency authorizations to hire persons who do not have teacher licenses and, in some cases, have not received any form of teacher preparation or education potentially jeopardizes the school district's goal of providing a quality education for each student. The general assembly further finds that often, persons with experience in areas other than teaching can help alleviate the teacher shortage faced by many school districts, so long as these persons receive adequate supervision and education in teaching methods and practices. The general assembly therefore authorizes school districts to create teacher in residence programs pursuant to the provisions of this section with the intent that such programs will provide a vehicle whereby school districts can customize the preparation of their teacher candidates, subject to teacher preparation program standards, reduce the number of persons employed under emergency authorizations, and help school districts recruit and employ nontraditional teacher candidates, while maintaining the delivery of high quality educational services and protecting the interests of students.

(2)  A school district or a board of cooperative services created pursuant to article 5 of this title may implement a teacher in residence program as described in this section. Each teacher in residence program shall comply with the performance-based standards for teacher preparation programs adopted by the Colorado commission on higher education pursuant to section 23-1-121, C.R.S., to ensure that persons who complete the residency program meet the performance-based standards for teacher licensure adopted by the state board of education pursuant to section 22-2-109 (3).

(3)  Any school district or board of cooperative services that chooses to implement a teacher in residence program shall collaborate with an institution of higher education that provides an approved teacher preparation program, to assist in implementing the teacher in residence program. Any contract entered into pursuant to this subsection (3) shall include but need not be limited to the provision of such teacher preparation courses and subject matter courses as are necessary to comply with the teacher preparation program requirements established by the Colorado commission on higher education pursuant to section 23-1-121, C.R.S.

(4) (a)  A school district may hire a person to teach as a resident teacher even though the person is not licensed pursuant to article 60.5 of this title and does not hold any type of authorization pursuant to section 22-60.5-111. The resident teacher may teach under the supervision of an administrator with an assigned, licensed teacher serving as a mentor and shall enroll in such teacher preparation courses as the school district deems necessary for the resident teacher and for which the school district has contracted with an institution of higher education. Supervision for a resident teacher shall include an annual minimum of one hundred hours of observation and supervision in the classroom.

(b)  Any person employed by a school district as a resident teacher shall hold at least a baccalaureate degree. A person may be employed as a resident teacher for a total of two years.

(c)  On completion of the two-year residency program, the resident teacher shall obtain a provisional teacher license pursuant to section 22-60.5-201 (1) (b) in order to be employed by the school district as a teacher.

(d)  Any person employed as a resident teacher, on or before April 15 of the first year of employment, shall pass a basic skills assessment of reading, writing, and mathematics and an assessment of subject matter knowledge, appropriate to the person's teaching assignment, administered by the department of education. Any person who fails to pass the basic skills and subject matter assessments by such date shall be terminated from the teacher in residence program at the conclusion of the year and shall not be eligible for enrollment in any other residency program until he or she has passed the basic skills and subject matter assessments.

(e)  A resident teacher shall be considered a probationary teacher for purposes of section 22-63-203; except that, for a resident teacher, the three continuous years of employment necessary to become a nonprobationary teacher shall not begin until the resident teacher begins his or her second year in the teacher in residence program.

(5) (a)  Within thirty days after employment of a person as a resident teacher, the school district shall notify the department of education of the resident teacher's name and address and such other information as may be necessary to assist the department of education in providing pertinent information under the requirements of paragraph (b) of this subsection (5).

(b)  The department of education shall provide information to each resident teacher concerning the requirements for teacher licensure as specified in section 22-60.5-201 and by rule of the state board of education.

(6) (a)  Each teacher in residence program shall be subject to approval by the state board of education to ensure that it meets the requirements of this section. Any teacher in residence program that does not meet the requirements of this section shall be subject to disapproval by the state board of education. Any teacher in residence program that is disapproved by the state board of education pursuant to this subsection (6) shall be terminated by the implementing school district or board of cooperative services on completion of the academic year in which the program is disapproved; except that the school district or board of cooperative services may continue to operate the teacher in residence program if, prior to the end of said academic year, the school district or board of cooperative services redesigns the teacher in residence program to meet the requirements of this section and the redesigned program is approved by the state board of education pursuant to this subsection (6).

(b)  Any school district or board of cooperative services that implements a teacher in residence program pursuant to the provisions of this section shall notify the department of education and submit a description of the program to the department. The department of education shall review the program to ensure that it meets the requirements specified in this section and shall make a recommendation to the state board of education concerning whether the program should be approved. Within ninety days after the program description is submitted to the department of education, the state board of education shall notify the implementing school district or board of cooperative services that it has either approved or disapproved the program.

(c)  At the request of a school district or board of cooperative services that is operating a teacher in residence program, the department of education may provide technical assistance to the school district or board of cooperative services to ensure that the program continues to be operated in a manner that meets the requirements specified in this section.

SECTION 10.  The introductory portion to 22-60.5-111 (1) and 22-60.5-111 (1) (c), Colorado Revised Statutes, are amended to read:

22-60.5-111.  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:

(c)  A type III authorization, emergency, authorizes school districts to employ a person to teach or to perform services as a principal, administrator, or special services provider, at a particular grade level or in a special subject or service area when, in the judgment of the state board of education, an emergency exists due to a demonstrated shortage of licensed teachers, principals, administrators, or special services providers, whichever is appropriate, with appropriate endorsements and such action is essential to the preservation of good instructional programs in the public schools and to the educational well-being of the children enrolled therein. Except as otherwise provided in this paragraph (c), A type III emergency authorization shall be valid for a period of one school year and may be renewed. Notwithstanding the other provisions of this paragraph (c), a type III emergency authorization for a person to teach shall not be issued or renewed unless the state board of education determines that the establishment of a teacher in residence program or an alternative teacher program by the board of education is not a practicable solution to such demonstrated shortage.

SECTION 11.  The introductory portion to 22-60.5-201 (1) (b) (I), Colorado Revised Statutes, is amended, and the said 22-60.5-201 (1) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, 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)  Provisional teacher license. (I)  Except as otherwise provided in subparagraph (II) subparagraphs (II) and (II.5) of this paragraph (b), the department of education, in its discretion, may issue a provisional teacher license to any applicant who:

(II.5)  The department of education, in its discretion, may issue a provisional 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.

SECTION 12.  22-63-201, 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 teacher's certificate provisional or professional teacher's license or letter of authorization issued pursuant to the provisions of article 60 article 60.5 of this title.

(2)  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 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 13.  22-63-402, Colorado Revised Statutes, is amended to read:

22-63-402.  Services - disbursements. No order or warrant for the disbursement of school district moneys shall be drawn in favor of any person for services as a teacher, except for services performed for a junior college district or in an adult education program, unless such person either holds a valid teacher's certificate, letter of license or authorization or written authorization from the department of education or is employed as a resident teacher pursuant to section 22-32-110.3. Such certificate or letter license, authorization, or residency shall be duly registered in the administrative office of the school district wherein the services are to be rendered. A teacher shall either hold a valid certificate or letter of license or authorization or be employed as a resident teacher during all periods of his employment by a school district. Any person who performs services as a teacher without either possessing a valid teacher's certificate or letter of license or authorization or being employed as a resident teacher shall forfeit all claim to compensation out of school district moneys for the time during which his services are performed without such certificate, letter, or written license, authorization, or residency.

SECTION 14.  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.

____________________________ ____________________________

Ray Powers Russell George

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES

____________________________ ____________________________

Patricia K. Dicks Judith M. Rodrigue

SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES

APPROVED________________________________________

_________________________________________

Bill Owens

GOVERNOR OF THE STATE OF COLORADO