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Educator Effectiveness (SB 191)

Welcome to CASB’s Educator Effectiveness resource page. Here you will find a one-stop shop for everything related to SB 191’s implementation.

Please continue to check this webpage for updates regarding SB 191 from CASB’s member legal resources, policy and communications departments. This page will continue to grow as the state moves forward in implementing SB 191 for the 2013-14 school year. Please send any comments, questions or page feedback to Kristine Woolley, CASB director of communications.

Overview of SB 191 and its implications for the 2013-14 school year

Senate Bill 10-191, frequently referred to as the Educator Effectiveness bill, is groundbreaking legislation passed by the state legislature in May 2010. SB 191 amended the “Licensed Personnel Performance Evaluation Act,” C.R.S. 22-9-101 et seq. (the Evaluation Act) and the “Teacher Employment, Compensation, and Dismissal Act of 1990,” C.R.S. 22-63-101 et seq.

SB 191’s changes to the Evaluation Act imposed new requirements for evaluating licensed personnel and altered tenure eligibility. In short, beginning with the 2013-14 school year, SB 191 changes the way teachers earn and keep tenure and reforms the evaluation system for teachers and principals. In doing so, SB 191 aims to improve the quality of evaluations as a means to improve the quality of education in Colorado and better provide students with the skills they need to be college and workforce ready.

SB 191 establishes a performance evaluation system that measures teacher and principal “effectiveness” based on quality standards adopted by the State Board of Education. SB 191 specifically requires that at least 50 percent of teacher and principal evaluations be determined by the academic growth of students. To assist districts in implementing SB 191 in accordance with the SBE’s rules, the Colorado Department of Education created a State Model Evaluation System.

Under SB 191, a probationary teacher must have three consecutive years of demonstrated effectiveness to earn nonprobationary (tenured) status. If a nonprobationary teacher is evaluated as ineffective for two consecutive years, that teacher loses nonprobationary status and becomes probationary. Importantly, the upcoming 2013-14 school year is a “hold harmless” year in that an ineffective or partially ineffective rating will not count toward the two consecutive years required to trigger the loss of a teacher’s nonprobationary status.

Beginning with the upcoming 2013-14 school year, all Colorado school districts must implement an evaluation system for teachers and principals that aligns with the state’s teacher and principal quality standards and SBE rules. A local board of education may choose to adopt the State Model Evaluation System or create its own distinct evaluation system that meets state requirements. Due to 2013 state legislation amending the Evaluation Act, CDE must approve a district’s use of its own distinct evaluation system and ensure the system is consistent with state law. See, HB 13-1257. If CDE determines the district’s own evaluation system is not consistent with state law, it may require the district to adopt some or all of the State Model Evaluation System. Such remedy shall be “as a last resort.” C.R.S. 22-9-106(1.5)(c)(II)(C).

In making the decision whether to adopt the State Model Evaluation System or its own evaluation system, the local board must consult with administrators, principals, teachers, parents and the district’s licensed personnel performance evaluation council (often referred to as the 1338 council). The district accountability committee or other district committee may serve in the role of the 1338 council if such committee meets the Evaluation Act’s membership requirements.

Once the evaluation system is adopted, the local board must continue to consult with its 1338 council regarding the fairness, effectiveness, credibility and professional quality of the district’s evaluation system and its processes and procedures. Accordingly, even after the initial decision is made regarding the district’s evaluation system for the upcoming 2013-14 school year, local boards must continue to meet with their 1338 councils to address any concerns or possible revisions to the district’s evaluation system.

Beginning July 1, 2013, districts must provide an annual assurance to CDE regarding the local board’s decision to implement its own evaluation system or the State Model Evaluation System. To assist boards in this work, we developed two sample board resolutions. The first sample provides that the district shall implement the State Model Evaluation System. The second sample provides that the district shall implement its own evaluation system. A board resolution is not legally required by SB 191, but we thought it might provide a helpful framework for the board’s discussion of this issue.

We encourage our members to move forward in making a decision regarding the district’s evaluation system and provide an assurance to CDE by the July 1 deadline. Please note that CDE’s SB 191 assurances for July 2013 permit districts to indicate that they have met or are “making progress toward meeting” SB 191’s requirements.

Sample Board resolution 1: Adoption of State Model Evaluation System

Sample Board resolution 2: Adoption of the district’s own evaluation system

CDE’s SB 191 Assurances Checklist for July 2013: Essential Elements of a Local Personnel Evaluation System

CASB Legal and Policy Updates

As a benefit of your CASB membership, we are currently revising the CASB sample evaluation policies to address SB 191’s requirements for the 2013-14 school year. We will provide these policy revisions to our membership as soon as possible. We have previously provided our membership with the following legal and policy updates to address those provisions of SB 191 that are already effective.

Special Policy Update: An August 2013 update explaining the following: SB 10-191's Evaluation Requirements, Electronic Participation in School Board Meetings, Confidentiality Affidavit Requirements, Conduct and Ethics, Colorado Civil Union Act, Family and Medical Leave Act, Miscellaneous Policy Revisions

Legal Update: Feb. 25, 2013 – Nonrenewals, Reductions in Force and Mutual Consent

Legal Update: Dec. 4, 2012 – S.B. 191: Where are we now?

Policy Parameters: March 30, 2012

Legal Update: A March 2012 update explains the impact SB 191 had on the nonrenewal process. Though the process is essentially unchanged, there are a few modifications to be aware of. 

Special Policy Update: A March 2011 update explains the impact the bill has on reductions in force (RIF) and licensed personnel evaluations.

Special Policy Update: A July 2010 update explains changes to teacher employment laws with the passage of SB 191, including contracts, placements and transfers, waivers, nonrenewals and reductions in force. 

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