1 CCR 301-87
DEPARTMENT OF EDUCATION RULES FOR ADMINISTRATION OF A STATEWIDE SYSTEM TO EVALUATE THE EFFECTIVENESS OF LICENSED PERSONNEL EMPLOYED BY SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE SERVICES 1 CCR 301-87 [Editor's Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________
0.00 STATEMENT OF BASIS AND PURPOSE
These rules are promulgated pursuant to Colorado Revised Statutes sections 22-2-107(1)(c), 22-9-104(2) and 22-9-105.5(10). Section 22-9-101, C.R.S., et seq. creates a system to evaluate the effectiveness of licensed personnel in school districts and boards of cooperative services throughout the state as a means of improving the quality of education in Colorado.
The basic purposes of the statewide system to evaluate the effectiveness of licensed personnel are: • To ensure that all licensed personnel are evaluated using multiple, fair, transparent, timely, rigorous, and valid methods, fifty percent of which evaluation is determined by the academic growth of their students;
• To ensure that all licensed personnel receive adequate feedback and professional development support to provide them a meaningful opportunity to improve their effectiveness; and • To ensure that all licensed personnel are provided the means to share effective practices with other educators throughout the state.
1.00 DEFINITIONS
1.01 “Administrator” means any person who administers, directs, or supervises the education instructional program, or a portion thereof, in any school or school district in the state and who is not the chief executive officer or an assistant chief executive officer of such school or a person who is otherwise defined as an Administrator by his or her employing school district or BOCES.
1.02 “BOCES” or “board of cooperative services” shall have the same meaning as provided in section 22-5-103(2), C.R.S.
1.03 “Colorado Academic Standards” mean the standards adopted by the State Board pursuant to section 22-7-1005, C.R.S that identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education, and include English language proficiency standards. Section 22-7-1013, C.R.S., requires each local education provider to ensure that its preschool through elementary and secondary education standards meet or exceed the Colorado Academic Standards. When referenced in these rules, the Colorado Academic Standards may be substituted with these locally adopted standards.
1.04 “Department” means the Colorado Department of Education.
1.05 “Educator” means a principal, administrator, teacher, or special services provider.
1.06 “Element” means the detailed description of knowledge and skills that contribute to effective teaching and leading, and which corresponds to a particular Principal Quality Standard, Teacher Quality Standard, or Specialized Service Provider Quality Standard.
1.07 “Equity pedagogy” refers to a commitment to a diverse population of students, demonstrated by the creation of an inclusive and positive school culture and strategies that meet the needs of diverse student talents, experiences and challenges. Equity pedagogy values students’ individual backgrounds as a resource and utilizes approaches to instruction and behavioral supports that build on student strengths.
1.08 “Licensed personnel” mean any persons employed to instruct students or to administer, direct, or supervise the instructional program in a school in the state that hold a valid license or authorization pursuant to the provision of article 60.5 of title 22, Colorado Revised Statutes.
1.09 “Measures of Student Learning” or “MSLs” mean the methods used by school districts and BOCES for measuring Student Academic Growth in order to evaluate licensed personnel.
1.10 “Measures of Student Outcomes” mean the methods used by school districts and BOCES for measuring student outcomes in order to evaluate special services providers. Measures are not limited to academic measures but may include measures focused on increasing access to learning since these educators may concentrate on non-academic factors that affect overall student well-being.
1.11 “Performance Evaluation Rating” means the summative evaluation rating assigned by a school district or BOCES to licensed personnel and reported to the Department on an annual basis. It is the equivalent of a “performance standard,” as defined in section 22-9-103(2.5), C.R.S.
1.12 “Principal” means a person who is employed as the chief executive officer or an assistant chief executive officer of a school in the state and who administers, directs, or supervises the education program in the school.
1.13 “Principal Professional Performance Plan” means the plan required by section 22-9-105.5(3)(a.5), C.R.S., and is a written agreement developed by a principal and school district administration or local school board that outlines the steps to be taken to improve the principal's effectiveness. The Principal Professional Performance Plan shall include professional development opportunities.
1.14 “Principal Quality Standard” means the Professional Practices or the Measures of Student Learning needed to achieve effectiveness as a principal.
1.15 “Principal Evaluation System Framework” means the complete evaluation system that all school districts and BOCES shall use to evaluate principals employed by them. The complete Principal Evaluation System Framework includes the following component parts: (i) definition of Principal Effectiveness set forth in section 2.01 of these rules, (ii) the Principal Quality Standards described in section 2.02 of these rules, (iii) required elements of a written evaluation system described in section 5.01 of these rules, and (iv) the weighting and aggregation of evidence of performance that are used to assign a principal to one of four Performance Evaluation Ratings as described in section 2.03 of these rules.
1.16 “Professional Practice” means the behaviors, skills, and knowledge that educators should exhibit. Teacher Quality Standards, Principal Quality Standards, and Special Service Provider Quality Standards reflect the Professional Practice expectations for educators in Colorado.
1.17 “School District” or “District” means a school district organized pursuant to article 30 of title 22, C.R.S.
1.18 “Special Services Providers” or “SSPs” refers to any person licensed under § 22-60.5-101, et. seq., other than a teacher, principal, or administrator who is employed by any school district to provide professional services to students in direct support of the education instructional program.
1.19 “Special Services Providers Quality Standards” means the Professional Practices or Measures of Student Outcomes needed to achieve effectiveness as a specialized service provider.
1.20 “State Board” means the State Board of Education established pursuant to Section 1 of Article IX of the state constitution.
1.21 “State Council” means the state council for educator effectiveness established pursuant to article 9 of title 22.
1.22 “State Model System” means the personnel evaluation system and supporting resources developed by the Department, which meets all of the requirements for local personnel evaluation systems that are outlined in statute and rule.
1.23 “Statewide Summative Assessments” mean the assessments administered pursuant to the Colorado student assessment system of assessments adopted by the State Board pursuant to section 22-7-1006, C.R.S.
1.24 “Student Academic Growth” means the change in student achievement against Colorado Academic Standards for an individual student between two or more points in time, which shall be determined using multiple measures, one of which shall be the results of statewide summative assessments, and which may include other standards-based measures that are rigorous and comparable across classrooms of similar content areas and levels. Student Academic Growth also may include gains in progress towards postsecondary and workforce readiness, which, for principals, may include performance outcomes for successive student cohorts. Student Academic Growth may include progress toward academic and functional goals included in an individualized education program and/or progress made towards Student Academic Growth Objectives.
1.25 “Student Academic Growth Objectives” mean a participatory method of setting measurable goals, or objectives for a specific assignment or class, in a manner aligned with the subject matter taught, and in a manner that allows for the evaluation of the baseline performance of students and the measureable gain in student performance during the course of instruction.
1.26 “Teacher” means a person who holds an alternative, initial, or professional teacher license issued pursuant to the provisions of article 60.5 of title 22 and who is employed by a school district, BOCES, or charter school in the state to instruct students.
1.27 “Teacher Evaluation System Framework” means the complete evaluation system that all school districts and BOCES shall use to evaluate teachers employed by them. A diagram of the complete Teacher Evaluation System Framework includes the following component parts: (i) definition of Teacher Effectiveness set forth in section 3.01 of these rules, (ii) the teacher Quality Standards described in section 3.02 of these rules, (iii) required elements of a written evaluation system described in section 5.01 of these rules, (iv) the weighting and aggregation of evidence of performance to assign a teacher to one of four Performance Evaluation Ratings as described in section 3.03 of these rules, and (iv) the opportunity to appeal an ineffective rating as contemplated in section 22-9-105.5(3)(e)(VII), C.R.S.
1.28 “Teacher Development Plan” means the plan required by section 22-9-105.5 (3) (a), C.R.S., defined in section 22-9-103 (6), C.R.S., It is a written agreement mutually developed by a teacher and his or her principal that outlines the steps to be taken to improve the teacher’s effectiveness. The plan may include consideration of induction and mentorship programs, use of highly effective teachers as instructional leaders or coaches, and appropriate professional development activities.
1.29 “Teacher Quality Standard” means the Professional Practices or the Measures of Student Learning needed to achieve effectiveness as a teacher.
1.30 “Unified Improvement Plan” means the school plan required pursuant to section 22-11-210, C.R.S.
2.00 PRINCIPALS: DEFINITION OF EFFECTIVENESS, QUALITY STANDARDS AND
PERFORMANCE EVALUATION RATINGS 2.01 Definition of Principal Effectiveness. Effective principals in the state of Colorado are responsible for the collective success of their schools, including the learning, growth and achievement of both students and staff. As schools’ primary instructional leaders, effective principals enable critical discourse and data-driven reflection about curriculum, assessment, instruction, and student progress, and create structures to facilitate improvement. Effective principals are adept at creating systems that maximize the utilization of resources and human capital, foster collaboration, and facilitate constructive change. By creating a common vision and articulating shared values, effective principals lead and manage their schools in a manner that supports schools’ ability to promote equity and to continually improve their positive impact on students and families.
2.02 Principal Quality Standards.
The Principal Quality Standards outline the knowledge and skills required of an effective principal and will be used to evaluate principals in the state of Colorado. All school districts and BOCES shall base their evaluations of their principals on either the full set of Principal Quality Standards and associated elements included below, or shall adopt their own locally developed standards that meet or exceed the Principal Quality Standards and Elements. A school district or BOCES that adopts its own locally developed standards shall crosswalk those standards to the Principal Quality Standards and Elements, so that the school district or BOCES is able to report the data required by section 6.04 of these rules.
2.02 (A) Quality Standard I: Principals demonstrate strategic leadership.
2.02 (A) (1) Element a: School Vision, Mission and Strategic Goals: Principals
collaboratively develop the vision, mission, values, expectations and goals of the school, collaboratively determine the processes used to establish these foundations, and facilitate their integration into the life of the school community.
2.02 (A) (2) Element b: School Plan: Principals ensure that a plan is in place that supports improved academic achievement and developmental outcomes for all students, and provides for data-based progress monitoring.
2.02 (A) (3) Element c: Leading Change: Principals solicit input and collaborate with staff and their school community to implement strategies for change and improvements that result in improved achievement and developmental outcomes for all students.
2.02 (A) (4) Element d: Distributive Leadership: Principals create and utilize
processes to distribute leadership and support collaborative efforts throughout the school among teachers and administrators.
2.02 (B) Quality Standard II: Principals demonstrate instructional leadership.
2.02 (B) (1) Element a: Curriculum, Instruction, Learning and Assessment: Principals promote school-wide efforts to establish, implement and refine appropriate expectations for curriculum, instructional practices, assessment and use of data on student learning based on scientific research and evidence-based practices that result in student academic achievement.
2.02 (B) (2) Element b: Instructional Time: Principals create processes and
schedules which maximize instructional, collaborative and preparation time.
2.02 (B) (3) Element c: Implementing High-quality Instruction: Principals support Teachers through ongoing, actionable feedback and needs-based professional development to ensure that rigorous, relevant and evidence- based instruction and authentic learning experiences meet the needs of all students and are aligned across P-20.
2.02 (B) (4) Element d: High Expectations for all Students: Principals hold all staff accountable for setting and achieving rigorous performance goals for all students and empower staff to achieve these goals across content areas.
2.02 (B) (5) Element e: Instructional Practices: Principals demonstrate a rich
knowledge of effective instructional practices, as identified by research on best practices, in order to support and guide teachers in data-based decision-making regarding effective practices to maximize student success.
2.02 (C) Quality Standard III: Principals demonstrate school culture and equity
leadership.
2.02 (C) (1) Element a: Intentional and Collaborative School Culture: Principals articulate, model and positively reinforce a clear vision and values of the school’s culture, and involve students, families and staff in creating an inclusive and welcoming climate that supports it.
2.02 (C) (2) Element b: Commitment to the Whole Child: Principals promote the
cognitive, physical, social and emotional health, growth and skill development of every student.
2.02 (C) (3) Element c: Equity Pedagogy: Principals demonstrate a commitment to a diverse population of students by creating an inclusive and positive school culture, and provide instruction in meeting the needs of diverse students, talents, experiences and challenges in support of student achievement.
2.02 (C) (4) Element d: Efficacy, Empowerment and a Culture of Continuous
Improvement: Principals and their leadership team foster a school culture that encourages continual improvement through reliance on research, innovation, prudent risk-taking, high expectations for all students and teachers, and a valid assessment of outcomes.
2.02 (D) Quality Standard IV: Principals demonstrate human resource leadership.
2.02 (D) (1) Element a: Professional Development/Learning Communities: Principals ensure that the school is a professional learning community that provides opportunities for collaboration, fosters teacher learning and develops teacher leaders in a manner that is consistent with local structures, contracts, policies and strategic plans.
2.02 (D) (2) Element b: Recruiting, Hiring, Placing, Mentoring, and Dismissal of Staff: Principals establish and effectively manage processes and systems that ensure a knowledgeable, high-quality, high-performing staff.
2.02 (D) (3) Element c: Teacher and Staff Evaluation: Principals evaluate staff
performance using the district’s educator evaluation system in order to ensure that teachers and staff are evaluated in a fair and equitable manner with a focus on improving teacher and staff performance and, thus, student achievement.
2.02 (E) Quality Standard V: Principals demonstrate managerial leadership.
2.02 (E) (1) Element a: School Resources and Budget: Principals establish systems for marshaling all available school resources to facilitate the work that needs to be done to improve student learning, academic achievement and overall healthy development for all students.
2.02 (E) (2) Element b: Conflict Management and Resolution: Principals proactively and efficiently manage the complexity of human interactions and relationships, including those among and between parents/guardians, students and staff.
2.02 (E) (3) Element c: Systematic Communication: Principals facilitate the design and utilization of various forms of formal and informal communication with all school stakeholders.
2.02 (E) (4) Element d: School-wide Expectations for Students and Staff: Principals ensure that clear expectations, structures, rules and procedures are established for students and staff.
2.02 (E) (5) Element e: Supporting Policies and Agreements: Principals regularly update their knowledge of federal and state laws, and school district and board policies, including negotiated agreements, if applicable, and establish processes to ensure that these policies, laws and agreements are consistently met and implemented.
2.02 (E) (6) Element f: Ensuring an Orderly and Supportive Environment: Principals ensure that the school provides an orderly and supportive environment that fosters a climate of safety, respect, and well-being.
2.02 (F) Quality Standard VI: Principals demonstrate external development leadership.
2.02 (F) (1) Element a: Family and Community Involvement and Outreach:
Principals design and/or utilize structures and processes which result in family and community engagement, support and ownership for the school.
2.02 (F) (2) Element b: Professional Leadership Responsibilities: Principals strive to improve the profession by collaborating with their colleagues, school district leadership and other stakeholders to drive the development and successful implementation of initiatives that better serve students, teachers and schools at all levels of the education system. They ensure that these initiatives are consistent with federal and state laws, school district and board policies, and negotiated agreements where applicable.
2.02 (F) (3) Element c: Advocacy for the School: Principals develop systems and
relationships to leverage the school district and community resources available to them both within and outside of the school in order to maximize the school’s ability to serve the best interest of students and families.
2.02 (G) Quality Standard VII: Principals demonstrate leadership around Student
Academic Growth.
2.02 (G) (1) Element a: Student Academic Achievement and Growth: Principals take responsibility for ensuring that all students are progressing toward postsecondary and workforce readiness standards to be mastered by high school graduation. Principals prepare students for success by ensuring mastery of all Colorado Academic Standards, including 21st century skills.
2.02 (G) (2) Element b: Student Academic Growth and Development: Principals take responsibility for facilitating the preparation of students with the skills, dispositions and attitudes necessary for success in work and postsecondary education, including democratic and civic participation.
2.02 (G) (3) Element c: Use of Data: Principals use evidence and data to evaluate the performance and practices of their schools, in order to continually improve attainment of Student Academic Growth. They take responsibility and devise an intentional plan for ensuring that staff is knowledgeable in how to utilize evidence and data to inform instructional decision-making to maximize the educational opportunities and instructional program for every child.
2.03 Performance Evaluation Ratings for Principals. The following four Performance Evaluation Ratings for principals shall be used statewide: ineffective, partially effective, effective, and highly effective. The scoring matrix developed by the Department shall be used in the State Model System.
School districts and BOCES may use this scoring matrix as an example or may adopt their own scoring matrix, provided they ensure that each of the Principal Quality Standards have a measurable influence on the final Professional Practice score assigned to principals.
3.00 TEACHERS: DEFINITION OF EFFECTIVENESS, QUALITY STANDARDS, AND
PERFORMANCE EVALUATION RATINGS 3.01 Definition of Teacher Effectiveness. Effective teachers in the state of Colorado have the knowledge, skills, and commitments needed to provide excellent and equitable learning opportunities and growth for all students. They strive to support growth and development, close achievement gaps and to prepare diverse student populations for postsecondary and workforce success. Effective teachers facilitate mastery of content and skill development, and employ and adjust evidence-based strategies and approaches for students who are not achieving mastery and students who need acceleration. They also develop in students the skills, interests and abilities necessary to be lifelong learners, as well as for democratic and civic participation. Effective teachers communicate high expectations to students and their families and utilize diverse strategies to engage them in a mutually supportive teaching and learning environment. Because effective teachers understand that the work of ensuring meaningful learning opportunities for all students cannot happen in isolation, they engage in collaboration, continuous reflection, ongoing learning, and leadership within the profession.
3.02 Teacher Quality Standards. The Teacher Quality Standards outline the knowledge and skills required of an effective Teacher and will be used to evaluate teachers in the state of Colorado. All school districts and BOCES shall base their evaluations of licensed classroom teachers on the full set of Teacher Quality Standards and associated detailed Elements included below or shall adopt their own locally developed standards that meet or exceed the Teacher Quality Standards and Elements. School districts and BOCES that adopt their own locally developed standards shall crosswalk those standards to the Teacher Quality Standards and Elements, so that the school district or BOCES is able to report the data required by section 6.04 of these rules.
3.02 (A) Quality Standard I: Teachers demonstrate mastery of and pedagogical
expertise in the content they teach. The elementary teacher is an expert in literacy and mathematics and is knowledgeable in all other content that he or she teaches (e.g., science, social studies, arts, physical education, or world languages). The secondary teacher has knowledge of literacy and mathematics and is an expert in his or her content endorsement area(s).
3.02 (A) (1) Element a: Teachers provide instruction that is aligned with the
Colorado Academic Standards and their district's organized plan of instruction.
3.02 (A) (2) Element b: Teachers develop and implement lessons that connect to a variety of content areas/disciplines and emphasize literacy and mathematics.
3.02 (A) (3) Element c: Teachers demonstrate knowledge of the content, central
concepts, inquiry, appropriate evidence-based instructional practices, and specialized characteristics of the disciplines being taught.
3.02 (B) Quality Standard II: Teachers establish a safe, inclusive, and respectful learning environment for a diverse population of students.
3.02 (B) (1) Element a: Teachers foster a predictable learning environment
characterized by acceptable student behavior and efficient use of time in which each student has a positive, nurturing relationship with caring adults and peers.
3.02 (B) (2) Element b: Teachers demonstrate an awareness of, a commitment to,
and respect for multiple aspects of diversity, while working toward common goals as a community of learners.
3.02 (B) (3) Element c: Teachers engage students as individuals, including those with diverse needs and interests, across a range of ability levels by adapting their teaching for the benefit of all students.
3.02 (B) (4) Element d: Teachers work collaboratively with the families and/or
significant adults for the benefit of students.
3.02 (C) Quality Standard III: Teachers plan and deliver effective instruction and create an environment that facilitates learning for their students.
3.02 (C) (1) Element a: Teachers demonstrate knowledge about the ways in which
learning takes place, including the levels of intellectual, physical, social, and emotional development of their students.
3.02 (C) (2) Element b: Teachers use formal and informal methods to assess
student learning, provide feedback, and use results to inform planning and instruction.
3.02 (C) (3) Element c: Teachers integrate and utilize appropriate available
technology to engage students in authentic learning experiences.
3.02 (C) (4) Element d: Teachers establish and communicate high expectations and use processes to support the development of critical-thinking and problem- solving skills.
3.02 (C) (5) Element e: Teachers provide students with opportunities to work in
teams and develop leadership.
3.02 (C) (6) Element f: Teachers model and promote effective communication.
3.02 (D) Quality Standard IV: Teachers demonstrate professionalism through ethical conduct, reflection, and leadership.
3.02 (D) (1) Element a: Teachers demonstrate high standards for professional
conduct.
3.02 (D) (2) Element b: Teachers link professional growth to their professional goals.
3.02 (D) (3) Element c: Teachers are able to respond to a complex, dynamic
environment.
3.02 (D) (4) Element d: Teachers demonstrate leadership in the school, the
community, and the teaching profession.
3.02 (E) Quality Standard VI: Teachers take responsibility for Student Academic Growth.
3.02 (E) (1) Element a: Teachers demonstrate high levels of student learning,
growth and academic achievement.
3.02 (E) (2) Element b: Teachers demonstrate high levels of Student Academic
Growth in the skills necessary for postsecondary and workforce readiness, including democratic and civic participation. Teachers demonstrate their ability to utilize multiple data sources and evidence to evaluate their practice, and make adjustments where needed to continually improve attainment of Student Academic Growth.
3.03 Performance Evaluation Ratings for Teachers. The following four Performance Evaluation Ratings for teachers shall be used statewide: ineffective, partially effective, effective, and highly effective.
School districts and BOCES may use evaluation structures developed by the Department as an example or may adopt their own structure, provided they ensure that each Performance Evaluation Rating is based fifty percent on Student Academic Growth and that each of the Teacher Quality Standards (Professional Practice) has a measurable influence on the final Performance Evaluation Rating.
School districts and BOCES shall assign one of the Teacher Performance Evaluation Ratings to each teacher in a written evaluation report. As required by section 22-9-106 (3), C.R.S., all evaluation reports must contain a written improvement plan, that shall be specific as to what improvements, if any, are needed in the performance of the teacher and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the teacher’s license renewal process. As required by section 22-9-105.5 (3) (a), C.R.S., each teacher shall be provided with an opportunity to improve his or her effectiveness through a teacher development plan that links his or her evaluation and performance standards to professional development opportunities.
The following status implications shall apply for each Teacher Performance Evaluation Rating. These status implications shall not apply to at-will employees.
3.03 (D) (1) Ineffective.
3.03 (D) (1) (a) A teacher whose performance is deemed ineffective shall receive written notice that his or her Performance Evaluation Rating shows a rating of ineffective, a copy of the documentation relied upon in measuring his or her performance, and identification of deficiencies.
3.03 (D) (1) (b) Implications for earning or losing nonprobationary status: A
nonprobationary teacher who is rated as ineffective for two consecutive years shall lose nonprobationary status.
3.03 (D) (2) Partially Effective.
3.03 (D) (2) (a) Implications for earning or losing nonprobationary status: (i) A rating of partially effective shall be considered the first of two consecutive years of ineffective performance that results in loss of nonprobationary status. Nonprobationary status in this instance shall only be lost if the teacher is subsequently rated partially effective or ineffective during the following year.
3.03 (D) (3) Effective.
3.03 (D) (3) (a) Implications for earning or losing nonprobationary status: A
nonprobationary teacher must maintain an effective rating to retain nonprobationary status. Two consecutive ratings below effective shall result in the loss of nonprobationary status.
3.03 (D) (4) Highly Effective.
3.03 (D) (4) (a) Implications for earning or losing nonprobationary status: For the purposes of gaining or losing nonprobationary status, a rating of highly effective shall have the same implications as a rating of effective.
4.00 MEASURING PERFORMANCE OF SPECIAL SERVICES PROVIDERS
4.01 Definition of Special Services Providers Effectiveness. Effective SSPs in the state of Colorado are vital members of the education team and have the knowledge and skills necessary to ensure that diverse student populations have equitable access to academic instruction and participation in school-related activities. Effective SSPs develop and/or implement evidence- based services or specially designed instruction to meet the unique needs of their students. They support growth and development to close achievement gaps and prepare students for postsecondary and workforce success. They have a deep understanding of the interconnectedness of the home, school and community and collaborate with all members of the education team to strengthen those connections. Through reflection, advocacy, and leadership, they enhance the outcomes and development of their students.
4.02 Special Services Providers Quality Standards. The SSP Quality Standards outline the knowledge and skills required for effective specialized service professional practice and will be used to evaluate SSPs in the state of Colorado. All School districts and BOCES shall base their evaluations of SSPs on the full set of SSP Quality Standards and associated detailed descriptions of knowledge and skills (also known as “Elements”). School districts and BOCES shall either adopt the state Quality Standards and Elements or shall adopt a locally-developed set of quality standards and elements that meet or exceed the state standards and elements, as determined by the Department. While there is a single set of SSP Quality Standards which apply to all licensure categories of SSPs, school districts and BOCES shall ensure that the tools used to evaluate these professionals adequately differentiate the professional practices for each category of SSP.
4.02 (A) Quality Standard I: Special services providers demonstrate mastery of and expertise in the domain for which they are responsible.
4.02 (A) (1) Element a: Special services providers demonstrate knowledge of current developmental science, the ways in which learning takes place, and the appropriate levels of intellectual, social, and emotional development of their students.
4.02 (A) (2) Element b: Special services providers demonstrate knowledge of
effective services and/or specially designed instruction that reduce barriers to and support learning in literacy, math, and other content areas.
4.02 (A) (3) Element c: Special services providers integrate evidence-based
practices and research findings into their services and/or specially designed instruction.
4.02 (A) (4) Element d: Special services providers demonstrate knowledge of the
interconnectedness of home, school, and community influences on student achievement.
4.02 (A) (5) Element e: Special services providers demonstrate knowledge of and
expertise in their professions.
4.02 (B) Quality Standard II: Special services providers support and/or establish safe, inclusive, and respectful learning environments for a diverse population of students.
4.02 (B) (1) Element a: Special services providers foster safe and accessible
learning environments in which each student has a positive, nurturing relationship with caring adults and peers.
4.02 (B) (2) Element b: Special services providers demonstrate respect for diversity within the home, school, and local and global communities.
4.02 (B) (3) Element c: Special services providers engage students as unique
individuals with diverse backgrounds, interests, strengths, and needs.
4.02 (B) (4) Element d: Special services providers engage in proactive, clear, and constructive communication and work collaboratively with students, families, and other significant adults and/or professionals.
4.02 (B) (5) Element e: Special services providers select, create and/or support accessible learning environments characterized by acceptable student behavior, efficient use of time, and appropriate behavioral strategies.
4.02 (C) Quality Standard III: Special services providers plan, deliver, and/or monitor services and/or specially designed instruction and/or create environments that facilitate learning for their students.
4.02 (C) (1) Element a: Special services providers provide services and/or specially designed instruction aligned with state and federal laws, regulations and procedures, academic standards, their districts’ organized plans of instruction and the individual needs of their students.
4.02 (C) (2) Element b: Special services providers utilize multiple sources of data, which include valid informal and/or formal assessments, to inform services and/or specially designed instruction.
4.02 (C) (3) Element c: Special services providers plan and consistently deliver services and/or specially designed instruction that integrate multiple sources of data to inform practices related to student needs, learning, and progress toward achieving academic standards and individualized student goals.
4.02 (C) (4) Element d: Special services providers support and integrate appropriate available technology in their services and/or specially designed instruction to maximize student outcomes.
4.02 (C) (5) Element e: Special services providers establish and communicate high expectations for their students that support the development of critical-thinking, self-advocacy, leadership and problem solving skills.
4.02 (C) (6) Element f: Special services providers communicate effectively with
students.
4.02 (C) (7) Element g: Special services providers develop and/or implement
services and/or specially designed instruction unique to their professions.
4.02 (D) Quality Standard IV: Special services providers reflect on their practice.
4.02 (D) (1) Element a: Special services providers demonstrate that they analyze student learning, development, and growth and apply what they learn to improve their practice.
4.02 (D) (2) Element b: Special services providers link professional growth to their professional goals.
4.02 (D) (3) Element c: Special services providers respond to complex, dynamic
environments.
4.02 (E) Quality Standard V: Special services providers demonstrate collaboration, advocacy and leadership.
4.02 (E) (1) Element a: Special services providers collaborate with internal and external stakeholders to meet the needs of students.
4.02 (E) (2) Element b: Special services providers advocate for students, families and schools.
4.02 (E) (3) Element c: Special services providers demonstrate leadership in their educational setting(s).
4.02 (E) (4) Element d: Special services providers contribute knowledge and skills to educational practices and their profession.
4.02 (E) (5) Element e: Special services providers demonstrate high ethical
standards.
4.02 (F) Quality Standard VI: Special services providers take responsibility for student outcomes.
4.02 (F) (1) Element a: Special services providers generate high levels of student outcomes consistent with the requirements of their respective professions.
4.02 (F) (2) Element b: Special services providers demonstrate their ability to utilize multiple sources of evidence to evaluate their practice, and make adjustments where needed to continually improve student outcomes.
4.03 Performance Evaluation Ratings for Special Services Providers. The following four Performance Evaluation Ratings for SSPs shall be used statewide: ineffective, partially effective, effective, and highly effective. School districts and BOCES may use the scoring framework developed by the Department as an example or may adopt their own scoring framework, provided they ensure that each of the SSP Professional Practices has a measurable influence on the final Professional Practice score assigned to SSPs. While school districts and BOCES annually must assign a Performance Evaluation Rating to each licensed SSP, school districts and BOCES have discretion to determine how these ratings will be used for purposes of employment contracts, employee retention, and/or the assignment of probationary or nonprobationary status, if applicable.
4.04 Local Systems for Evaluating Special Services Providers
4.04 (A) School districts and BOCES shall include a description of their method for evaluating SSPs in the written local system for the evaluation of licensed personnel, described in section 5.01 of these rules. This method shall meet the following criteria:
4.04 (A) (1) School districts or BOCES shall select evaluation measures for each of the nine licensure categories of SSPs employed by the school district or BOCES, which measures shall reflect varying assignments and job duties;
4.04 (A) (2) The evaluation of SSPs shall incorporate multiple measures to evaluate SSPs against the SSP Quality Standards, which measures shall be gathered using multiple formats and occasions;
4.04 (A) (3) Data used in evaluating SSPs shall be collected from the sites, or a representative sample of the sites, at which the SSP provides services;
4.04 (A) (4) At least fifty percent of the evaluation shall be based on at least two measures of student outcomes, which measures shall be aligned with the role and duties and the individual SSP being evaluated;
4.04 (A) (5) At least one of the evaluation measures shall be an observation by the SSP’s supervisor(s) or a trained evaluator with relevant professional expertise. The supervisor(s) is encouraged to consult with the SSP in determining the appropriate approach and timing of the observation, based on the SSP’s role and duties;
4.04 (A) (6) In addition to an observation, evaluations of SSP’s shall be based on at least one of the following performance measures, when appropriate to the SSP’s assigned duties: student perception measures, where appropriate and feasible, peer feedback, feedback from parents or guardians, review of student support documentation, and/or any other evidence relevant to the SSP’s assigned duties;
4.04 (A) (7) School districts and BOCES shall seek to ensure that measures to
evaluate SSPs against the SSP Quality Standards are valid, meaning that the measures are aligned with the professional services that the SSP provides and that analysis and inferences from the measures can be supported by evidence and logic, and that the measures are reliable, meaning that the measures are stable over time and in substance and that data from the measures will be sufficient to warrant reasonably consistent inferences;
4.04 (A) (8) In making decisions about how to use data collected about SSP
performance, school districts and BOCES shall consider whether the data collected are better suited for use in a high-stakes evaluation or for the purpose of providing feedback and professional development opportunities for the individual professional, or for both purposes provided they are appropriately weighted. In making this decision, school districts and BOCES shall consider the technical quality and rigor of the methods used to collect the data, and the technical quality of the data itself;
4.04 (A) (9) School districts and BOCES shall determine how the multiple measures of SSP performance will be aggregated to provide a single rating for professional practice on SSP Quality Standards I-V (professional practice), which will then be combined with a single rating for SSP Quality Standard VI (Measures of Student Outcomes) to determine a final Performance Evaluation Rating. In developing its weighting policies, each school district or BOCES shall ensure that SSP Quality Standards I-V are aggregated in such a way that each standard has a measurable influence on the rating for professional practice. Each school district or BOCES shall ensure that the weight assigned to each particular measure is consistent with the measure’s technical quality and rigor;
4.04 (A) (10) School districts and BOCES shall ensure that the person or persons responsible for supervising each SSP’s work is clearly identified to the SSP at the beginning of each contract year. The supervisor(s) shall be responsible for the SSP’s evaluation;
4.04 (A) (11) The supervisor(s) for each SSP shall clearly communicate to the SSP the tools that may be used to measure performance against the SSP Quality Standards prior to their use and the weighting policies that will be used to aggregate data for each SSP Quality Standard into a final performance evaluation rating. Supervisors shall clearly articulate for each SSP the category or categories of personnel into which he or she is assigned. School districts and BOCES that elect to adopt their own locally-developed set of SSP quality standards shall clearly communicate how those local standards align with the state’s SSP Quality Standards. Supervisors shall clearly communicate to SSPs the consequences of each category of Performance Evaluation Rating, including how each SSP’s assigned rating contributes to the loss or gain of nonprobationary status for that SSP, if applicable;
4.04 (A) (12) A final performance evaluation rating shall be assigned once a year, using a body of evidence collected systematically in the months prior. School districts and BOCES shall seek to ensure that the complete body of evidence leads to a valid and reliable measure of each professional’s performance against the SSP Quality Standards; and 4.04 (A) (13) Prior to and multiple times throughout the evaluation process, the supervisor(s) for each SSP shall engage in professional dialogue with the SSP focused on his/her professional practice and growth for the course of the year.
4.04 (B) School districts and BOCES are strongly encouraged to involve professionals with relevant expertise in the evaluation of each SSP in his or her first three years of practice, for any evaluation of an SSP that will be relied upon for decisions concerning job protection status, and once for every third annual evaluation for all other SSPs. If a school district or BOCES chooses to involve such professionals, the following practices are recommended:
4.04 (B) (1) The participation of such professionals may consist of observations, review of documents or data relevant to the evaluation, interviews with educators, parents, and/or students, and/or any other review that relates to the performance of the SSP and is appropriate and informative for the evaluation of the SSP.
4.04 (B) (2) For each evaluation in which they participate, school districts and BOCES are encouraged to ensure that such professionals have participated in the one of the trainings in evaluation skills described in section 5.03 (B) of these rules and meet at least one of the following requirements:
4.04 (B) (2) (a) a credential and/or license and work experience in the same
4.04 (B) (2) (b) if currently working in the field, a performance evaluation rating of effective or highly effective; and/or
4.04 (B) (2) (c) thorough knowledge about professional expectations and
4.04 (B) (3) In advance of the SSP’s evaluation, the SSP’s supervisor is
4.04 (B) (4) As a part of the expert’s participation in the evaluation process,
4.04 (C) A school district’s or BOCES’s policies for evaluating SSPs may reflect a determination that different categories of SSPs or SSPs for whom evaluation results will have greater consequences require varying degrees of evaluation and support.
4.04 (D) In developing their written local system for the evaluation of licenses personnel, school districts and BOCES are encouraged to do the following:
4.04 (D) (1) collaborate with SSPs, including representatives of relevant local
associations or federations, if they exist, in the selection of the measures to be used for SSP evaluations, to ensure that these measures are relevant and appropriate;
4.04 (D) (2) include an SSP as a member of the school districts’ or BOCES’ advisory personnel performance evaluation council and the district advisory council described in section 5.02 of these rules;
4.04 (D) (3) gather student perceptions of their support experiences, not only as a measure of professional practice for purposes of formal evaluation, but also to provide SSPs with ongoing, informal feedback; and 4.04 (D) (4) consult with principals in determining the role that SSP final Performance Evaluation Ratings will play in a principal’s Performance Evaluation Rating.
4.05 Appeals. SSPs who receive a second consecutive performance evaluation rating of ineffective or partially effective and who are not employed at an at-will basis may appeal their rating using the process described in section 5.04 of these rules. School districts and BOCES may choose to, but are not required to, provide this appeal process for SSPs who are employed on an at-will basis.
4.06 Reporting Requirements. School districts and BOCES shall submit data, as requested by the Department, to allow the Department to monitor implementation of local personnel evaluation systems. The required data shall be consistent with the data collected for all educators, as described in section 6.04(C) of these rules, including the performance evaluation ratings assigned to each SSP and the performance results for SSPs on each of the SSP Quality Standards.
4.07 Supporting Implementation of Local Systems for Evaluating Specialized Service Professionals.
4.07 (A) The Department shall maintain a resource bank that supports school districts and BOCES in the design, implementation, and ongoing support of their SSP evaluation systems, and that includes a broad array of materials applicable to multiple SSP contexts.
4.07 (B) The Department is strongly encouraged to establish a pool of professionals with field expertise who are willing to support the evaluation of SSPs in the manner described in section 4.04 (B) of these rules. School districts and BOCES may use this pool as a resource if they choose to involve these professionals in the evaluation of SSPs.
5.00 LOCAL PERFORMANCE EVALUATION SYSTEMS: DUTIES AND POWERS OF LOCAL
SCHOOL BOARDS AND BOARDS OF COOPERATIVE EDUCATION SERVICES 5.01 Required Components of Written Local Evaluation System. Every school district and BOCES shall adopt a written evaluation system meeting or exceeding the components of the State Model System that shall contain, but need not be limited to, the following information:
5.01 (A) The purposes of the evaluation system, including, but not limited to, the following:
5.01 (A) (1) providing a basis for the improvement of instruction;
5.01 (A) (2) enhancing implementation of programs of curriculum;
5.01 (A) (3) providing the measurement of satisfactory performance for individual licensed personnel and serving as documentation for an unsatisfactory performance dismissal proceeding under article 63 of title 22; and 5.01 (A) (4) serving as a measurement of the professional growth and development of licensed personnel.
5.01 (B) The licensed personnel positions to be evaluated, which shall include all teachers, including part-time as defined in section 22-63-103(6), C.R.S., SSPs, administrators, and principals;
5.01 (C) The title or position of the evaluator for each l position to be evaluated;
5.01 (D) The standards set by the local school board or BOCES for effective
performance for licensed personnel and the criteria to be used to evaluate the performance of each licensed person against such standards, consistent across types of licensed personnel. Though the selected criteria may vary among categories of personnel, to reflect the diversity of students, the evaluation system shall apply consistent criteria to each category of personnel, including the various categories of principals, teachers, and SSPs;
5.01 (D) (1) Principal Effectiveness and Principal Quality Standards. The
definition of principal effectiveness, included in section 2.01 of these rules, and either the Principal Quality Standards and associated Elements, included in section 2.02 of these rules, or locally adopted standards that meet or exceed the Principal Quality Standards and Elements.
5.01 (D) (2) Method for Evaluating Performance on Professional Practice. A
description of the method for evaluating principals’ Professional Practice, which method shall include data collection for multiple measures on multiple occasions.
5.01 (D) (2) (a) Required Measures of Principal Professional Practice.
5.01 (D) (2) (b) Additional Measures of Principal Professional Practice. In
5.01 (D) (3) Method for Evaluating Principal Performance Related to Student
Academic Growth. A description of the method for evaluating principals’ performance related to Student Academic Growth. The Measures of Student Academic Growth used for evaluating principals’ performance against Quality Standard VII must meet the following criteria:
5.01 (D) (3) (a) School districts and BOCES shall ensure that data included in
5.01 (D) (3) (b) School districts and BOCES shall incorporate at least one other Measure of Student Academic Growth and must ensure that the Measures of Student Academic Growth selected for principal evaluations are consistent with the Measures of Student Academic Growth used for the evaluation of teachers in each principal’s school, as described in section 5.01 (D) (7) of these rules.
5.01 (D) (3) (c) School districts and BOCES are strongly encouraged to involve
5.01 (D) (3) (d) Measures of Student Academic Growth shall reflect the growth of students in all subject areas and grades, not only those in subjects and grades that are tested using statewide summative assessments, and shall reflect the broader responsibility a principal has for ensuring the overall outcomes of students in the building.
5.01 (D) (3) (e) School districts and BOCES shall seek to ensure that Measures
5.01 (D) (3) (f) School districts and BOCES shall seek to ensure that Measures
5.01 (D) (3) (g) School districts and BOCES shall seek to ensure that Measures
5.01 (D) (3) (h) Early Childhood - Grade 3. For those principals responsible for students in early childhood education through grade 3, evaluation measures shall be consistent with outcomes used as the basis for evaluations for teachers teaching these grade levels, which may include, but are not limited to, assessments of early literacy and/or mathematics shared among members of the school community that may be used to measure student longitudinal growth.
5.01 (D) (3) (i) Grades 4-8. For those principals responsible for students in
5.01 (D) (3) (j) Grades 9-12. For those principals responsible for students in
5.01 (D) (3) (k) For the evaluation of principals responsible for students in
5.01 (D) (3) (l) When compiling Measures of Student Academic Growth to
5.01 (D) (4) Weighting of Performance on Principal Quality Standards. A
description of the manner in which performance on each of the Principal Quality Standards will be weighed in assigning a Performance Evaluation Rating. Measures of Principal Professional Practice shall determine fifty percent of a principal’s overall Performance Evaluation Rating, and Measures of Student Academic Growth shall determine the other fifty percent of the overall Performance Evaluation Rating. Each of the Principal Quality Standards I-VI (Professional Practice) shall have a measurable influence on the overall Performance Evaluation Rating.
5.01 (D) (5) Teacher Effectiveness and Teacher Quality Standards. The definition of teacher effectiveness, included in section 3.01 of these rules, and either the Teacher Quality Standards and associated Elements, included in section 3.02 of these rules, or locally adopted standards that meet or exceed the Teacher Quality Standards and Elements.
5.01 (D) (6) Method for Evaluating Teacher Professional Practice. NA description of the method for evaluating teachers’ Professional Practice, which method shall include data collection for multiple measures on multiple occasions. School districts and BOCES shall collect teacher performance data related to Professional Practice using observations and at least one of the following measures: (a) student perception measures (e.g. surveys), where appropriate and feasible, (b) peer feedback, (c) feedback from parents or guardians; or (d) review of teacher lesson plans or student work samples. The method for evaluating teachers’ Professional Practice may include additional measures.
In determining how to use the data collected about teacher performance, whether for written evaluation reports or for informal feedback and identification of appropriate professional development, school districts and BOCES shall consider the technical quality and rigor of the methods used to collect the data, and the technical quality of the data itself.
5.01 (D) (7) Method for Evaluating Teacher Performance Related to Student
Academic Growth. A description of the method for evaluating teachers’ performance related to Student Academic Growth.
School districts and BOCES shall categorize teachers into appropriate categories based on the availability and technical quality of student assessments available for the courses and subjects taught by those teachers. School districts and BOCES shall then choose or develop appropriate Measures of Student Academic Growth to be used in the evaluation of each personnel category. Student Academic Growth shall be measured using multiple measures. When compiling these measures to evaluate performance against Teacher Quality Standard VI, school districts and BOCES shall consider the relative technical quality and rigor of the various measures.
Measures of Student Academic Growth shall include the following:
5.01 (D) (7) (a) A measure of individually-attributed Student Academic Growth,
5.01 (D) (7) (b) A measure of collectively-attributed Student Academic Growth,
5.01 (D) (7) (c) When available, statewide summative assessment results; and
5.01 (D) (7) (d) For subjects with annual statewide summative assessment
5.01 (D) (8) Selection of Additional Measures for Evaluating Teacher
Performance Related to Student Academic Growth. The method for evaluating Teachers’ performance related to Student Academic Growth may include Measures of Student Academic Growth in addition to those described in section 5.01 (E) (7) of these rules. These additional measures shall meet the following criteria:
5.01 (D) (8) (a) School districts and BOCES shall seek to ensure that Measures
5.01 (D) (8) (b) School districts and BOCES shall seek to ensure that Measures
5.01 (D) (8) (c) In the effort to ensure that Measures of Student Academic
5.01 (D) (8) (d) For teachers teaching two or more subjects, individual Measures of Student Academic Growth shall include Student Academic Growth scores from all subjects for which the teacher is responsible.
5.01 (D) (9) Weighting of Performance on Teacher Quality Standards. A
description of the manner in which performance on each of the Teacher Quality Standards will be weighted in assigning teachers to a Performance Evaluation Rating.
Measures of Teacher Professional Practice shall determine fifty percent of a teacher’s total overall Performance Evaluation Rating, and Measures of Student Academic Growth shall determine the other fifty percent of the overall Performance Evaluation Rating. Each of the Teacher Quality Standards I-IV (Professional Practice) shall have a measurable influence on the final Performance Evaluation Rating.
5.01 (E) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which fair and reliable conclusions may be drawn, and which shall meet the following requirements:
5.01 (E) (1) Principals. Principals shall receive at least one evaluation that results in a written evaluation report each academic year. The written evaluation report, informed by a body of evidence collected systematically in the months prior, shall rate a principal as highly effective, effective, partially effective, or ineffective.
5.01 (E) (2) Teachers. Probationary teachers shall receive at least two documented observations and at least one evaluation that results in a written evaluation report each academic year. Nonprobationary teachers shall receive a written evaluation report each academic year.
The written evaluation report, informed by a body of evidence collected in the months prior, shall include fair and reliable measures of the teacher’s performance against the Teacher Quality Standards and be used to rate a teacher as highly effective, effective, partially effective, or ineffective. teachers shall receive the written evaluation report at least two weeks before the last class day of the school year.
5.01 (E) (3) Ongoing Data Collection and Analysis. School districts and BOCES
shall collect and analyze data on multiple occasions, in order to provide actionable feedback and support to educators on a regular basis in an effort to make evaluation an ongoing process rather than an event and to facilitate continuous improvement.
5.01 (E) (4) Differentiated Evaluation and Support Needs. District evaluation
policies may reflect a determination that different categories of teachers require varying degrees of evaluation and support.
5.01 (F) A description of the process that the school district or BOCES used for validating its evaluation methods. Such process shall address:
5.01 (F) (1) consistency among the multiple measures used for evaluations;
5.01 (F) (2) inter-rater reliability when the measures are applied by different
evaluators; and 5.01 (F) (3) consistency of data used to evaluate performance (i.e., observation, surveys, Measures of Student Academic Growth) and the Performance Evaluation Ratings that are assigned.
5.01 (G) A description of the school district’s or BOCES’ system for ensuring that every principal is provided with a Principal Professional Performance Plan.
5.01 (G) (1) This Principal Professional Performance Plan shall be developed in
collaboration with individual principals and shall outline annual goals for the principal with respect to his or her school’s performance and the resources and supports which will be made available to support the principal in achieving the outlined goals. A principal’s Professional Performance Plan shall be consistent with the measures that are used to evaluate that principal and how the Principal Quality Standards are weighted for that principal’s evaluation. School Districts and BOCES are encouraged to include goals related to a principal’s and his or designee’s ability to conduct meaningful evaluations of licensed personnel.
5.01 (G) (2) Principals shall be held accountable for progress against the goals laid out in the Principal Professional Performance Plan and school districts or BOCES shall continually monitor performance goals, provide feedback and adjust support for the principal as needed.
5.01 (G) (3) The Principal Professional Performance Plan shall include the following:
5.01 (G) (3) (a) Goals addressing the number and percentages of effective
5.01 (G) (3) (b) Goals addressing school climate and working conditions,
5.01 (G) (4) School districts and BOCES are also strongly encouraged to include in Principal Professional Performance Plans goals related to staff participation in the Teaching and Learning Conditions in Colorado (TLCC) Survey, administered by the Department pursuant to section 22-2-503, C.R.S., or other working conditions, culture and climate, or school leadership surveys, and use of survey results to guide improvement efforts.
5.02 Process for Developing Written Local Evaluation System. Colorado statute outlines requirements for various entities to be involved in the development of local personnel evaluation systems. School districts and BOCES shall collaborate with these entities in developing systems that meet the minimum requirements for evaluation systems described in section 5.01 of these rules.
5.02 (A) Each school district shall have an advisory personnel performance evaluation council, which shall, at a minimum, consist of the following members appointed by the local school board:
5.02 (A) (1) One teacher;
5.02 (A) (2) One administrator;
5.02 (A) (3) One principal from the school district;
5.02 (A) (4) One school district resident who is a parent of a child attending a school within the school district; and 5.02 (A) (5) One school district resident who is not a parent with a child attending school within the school district.
5.02 (B) The council for a school district may be composed of any other school district committee having proper membership, as defined in section 5.02 (A) of these rules.
5.02 (C) Each BOCES that employs licensed personnel must have a BOCES advisory
personnel performance evaluation council, which shall, at a minimum, consist of the following members to be appointed by the BOCES:
5.02 (C) (1) One teacher;
5.02 (C) (2) One administrator;
5.02 (C) (3) One principal representative of the school district or districts participating in the BOCES;
5.02 (C) (4) One person employed by the BOCES who is defined as licensed
personnel pursuant to section 22-9-103(1.5), C.R.S.;
5.02 (C) (5) One resident who is a parent of a child attending a school within the participating school district(s); and 5.02 (C) (6) One resident who is not a parent of a child attending a school within the participating school district(s).
5.02 (D) These advisory personnel performance evaluation councils shall consult with the local school board or BOCES as to the fairness, effectiveness, credibility, and professional quality of the licensed personnel performance evaluation system and its processes and procedures and shall conduct continuous evaluation of the system.
5.02 (E) Additionally, each local school board, pursuant to section 22-11-301, C.R.S., shall appoint or create a process for the election of a district accountability committee that shall consist of:
5.02 (E) (1) At least three parents of students enrolled in the school district public schools;
5.02 (E) (2) At least one teacher who is employed by the school district;
5.02 (E) (3) At least one school administrator who is employed by the school district; and 5.02 (E) (4) At least one person who is involved in business in the community within the school district boundaries.
5.02 (F) Among the other powers and duties outlined in section 22-11-302, C.R.S., a district accountability committee shall be responsible for providing input and recommendations on an advisory basis to principals concerning the development and use of assessment tools used for the purpose of measuring and evaluating Student Academic Growth as it relates to teacher evaluations.
5.02 (G) Each public school, pursuant to section 22-11-401, C.R.S., shall establish a school accountability committee that shall consist of at least the following members:
5.02 (G) (1) the principal of the school or the principal’s designee;
5.02 (G) (2) at least one teacher who provides instruction at the school;
5.02 (G) (3) at least three parents of students enrolled in the school;
5.02 (G) (4) at least one adult member of an organization of parents,
5.02 (G) (5) at least one person from the community.
5.02 (H) Among the other powers and duties outlined in section 22-11-402, C.R.S., a school accountability committee shall be responsible for providing input and recommendations on an advisory basis to district accountability committees and school district administration concerning the Principal Professional Performance Plan for the principal of their school and principal evaluations.
5.03 Training for Evaluators and Educators
5.03 (A) School districts and BOCES shall provide training to all evaluators and educators to provide an understanding of their local evaluation system and to provide the skills and knowledge needed for its implementation.
5.03 (B) As required by section 22-9-106(4)(a), C.R.S., all performance evaluations must be conducted by an individual who has completed a Department-approved training in evaluation skills. Teachers may fill the role of an evaluator if they are a designee of an individual with a principal or administrator license and have completed a Department- approved training on evaluation skills. The Department shall develop a process for approving education and training programs for evaluators that is consistent with the approval process previously developed pursuant to section 22-9-108, C.R.S.
5.03 (C) School districts and BOCES are encouraged to provide training to teachers, so that teachers may conduct peer coaching observations in order to support other teachers by providing actionable feedback on Professional Practice.
5.03 (D) School districts and BOCES shall clearly communicate to all teachers the tools that will be used to measure their performance of the Teacher Quality Standards prior to their use, and how these will be weighted and aggregated to determine final Performance Evaluation Ratings. School districts and BOCES shall clearly articulate to each educator the personnel category into which they are assigned, and how the growth of the students they teach will be measured for the purpose of informing their performance evaluation rating. School districts and BOCES that elect to adopt their own locally developed quality standards for evaluating teachers shall clearly communicate how those local standards align with the state’s Teacher Quality Standards. School districts and BOCES shall clearly communicate to teachers the consequences of each category of Performance Evaluation Rating, including how each teacher’s assigned rating contributes to the loss or gain of nonprobationary status.
5.03 (E) School districts and BOCES shall clearly communicate to all principals the tools that will be used to measure their performance on the Principal Quality Standards prior to their use, how the selected measurement tools will be used to determine performance on each Principal Quality Standard, the party or parties responsible for making decisions, and how these multiple measures will be weighted and aggregated to determine final ratings. School districts and BOCES shall clearly articulate to principals how Student Academic Growth for principals will be measured, and delineate the manner in which these measures are aligned with the Growth Measures for teachers. School districts and BOCES that elect to adopt their own locally-developed quality standards for evaluating principals shall clearly communicate how those local standards align with the state’s Principal Quality Standards. School districts and BOCES shall clearly communicate to principals the consequences of each category of performance evaluation rating.
5.03 (F) School districts and BOCES shall provide training to educators to help them understand how the growth of the students for which they are responsible will be measured for their performance evaluation, and to assist educators in responding to Student Academic Growth data.
5.04 Process for Nonprobationary Teacher to Appeal Second Consecutive Performance Evaluation Rating of Ineffective or Partially Effective.
5.04 (A) Requirements for All School Districts. The following requirements shall apply to the appeal process developed by school districts for a nonprobationary teacher to appeal a second consecutive performance evaluation rating of ineffective or partially effective. For purposes of the appeal process, a rating of ineffective and a rating partially effective carry the same consequence; a teacher shall lose nonprobationary status after receiving two consecutive ratings of either ineffective or partially effective. The appeal process shall allow for a final determination of the appealing teacher’s performance evaluation rating and a final determination of whether that teacher retains nonprobationary status; it shall not serve the purpose of determining employment and/or termination.
5.04 (A) (1) Beginning with the 2015-16 academic school year, each school district shall ensure that a nonprobationary teacher who objects to a second consecutive performance evaluation rating of ineffective or partially effective has an opportunity to appeal that rating.
5.04 (A) (2) The appeal process shall adhere to the following principles:
5.04 (A) (2) (a) the appeal process shall be appropriate to the size and location of the school district;
5.04 (A) (2) (b) the appeal process shall be fair and clearly communicated to
5.04 (A) (2) (c) the appeal process shall be a component of a larger system
5.04 (A) (2) (d) the appeal process shall be clearly connected to the school
5.04 (A) (2) (e) the appeal process shall be constructed to produce appeals
5.04 (A) (3) The appeal process shall be developed, where applicable, through
collective bargaining.
5.04 (A) (4) The appeal process shall be voluntary for a teacher, and initiated only if he or she chooses to file an appeal. As required by section 22-9-106 (4.5) (b), C.R.S., at a minimum, the appeal process provided shall allow the nonprobationary teacher to appeal the rating of ineffectiveness to the superintendent of the School District and shall place the burden upon the nonprobationary teacher to demonstrate that a rating of effective was appropriate.
5.04 (A) (5) The appeal process shall begin on the date that a teacher receives his or her second consecutive performance evaluation rating of ineffective or partially effective and shall conclude no more than forty-five (45) calendar days after he or she receives theperformance evaluation rating. A teacher shall file an appeal within fifteen (15) calendar days after receiving his or her rating. These time requirements may be waived, by mutual agreement of both the teacher and the school district.
5.04 (A) (6) A teacher is permitted only one appeal for the second consecutive
performance evaluation rating of ineffective or partially effective. A teacher filing an appeal shall include all grounds for the appeal within a single written document. Any grounds not raised at the time the written appeal is filed shall be deemed waived.
5.04 (A) (7) The grounds for an appeal shall be limited to the following:
5.04 (A) (7) (a) The evaluator did not follow evaluation procedures that adhere to the requirements of statute and rule and that failure had a material impact on the final performance evaluation rating that was assigned (e.g., an observation was never completed or feedback was never shared with the teacher); and/or 5.04 (A) (7) (b) The data relied upon was inaccurately attributed to the teacher (e.g., data included in the evaluation was from students for whom the teacher was not responsible).
5.04 (A) (8) Any documents and/or proceedings related to the appeal process shall be confidential.
5.04 (A) (9) The superintendent, or his or her designated individual, shall be the final decision-making authority in determining a teacher’s final performance evaluation rating and whether a nonprobationary teacher shall lose his or her nonprobationary status. The superintendent shall provide a written rationale for his or her final determination.
5.04 (A) (10) The appeal process shall be final in regard to the final performance evaluation rating and loss or retention of nonprobationary status.
5.04 (A) (11) If the superintendent determines that a rating of ineffective or partially effective was not accurate but there is not sufficient information to assign a rating of effective, the teacher shall receive a “no score” and shall not lose his or her nonprobationary status. However, if in the following academic school year that teacher receives a final performance evaluation rating of ineffective or partially effective, this rating shall have the consequence of a second consecutive ineffective rating and the teacher shall be subject to loss of nonprobationary status.
5.04 (B) State Model System. The Department shall include in the State Model System a model appeal process for a nonprobationary teacher to appeal a second consecutive performance evaluation rating of ineffective or partially effective. Each School District that adopts the State Model System may choose either of the following options: (1) to use the model appeal process that incorporates the use of a review panel; or (2) to develop its own distinctive appeal process that adheres to the requirements in section 5.04 (A) of these rules.
In addition to meeting the requirements outlined in section 5.04 (A) of these rules, the Department’s model appeal process shall include the following components.
5.04 (B) (1) The review panel shall serve in an advisory capacity to the
superintendent. The superintendent shall be the final decision-making authority in determining the teacher’s final performance evaluation rating.
5.04 (B) (2) The review panel shall be comprised of members that were not directly involved in the evaluation process for the appealing teacher. The superintendent may appoint himself or herself to the review panel.
5.04 (B) (3) Panel members shall be selected and trained in a manner designed to ensure the credibility and expertise of the panel members. The panel shall be comprised of equal numbers of teachers and administrators, with no more than six panel members total. A process shall be developed to ensure continuity of the review panel members.
5.04 (B) (4) The appealing teacher shall be given the opportunity to address and provide evidence to the review panel in person or in writing. The review panel shall review any written information provided by the appealing teacher prior to meeting to render a recommendation.
5.04 (B) (5) The review panel may invite the teacher or teacher’s principal to present in person or in writing where clarification is necessary; however, the teacher and principal shall have the right of refusal without prejudice.
5.04 (B) (6) To overturn a rating of ineffective or partially effective, the panel must unanimously find that the rating of ineffective or partially effective was inaccurate, with the potential for submission of a majority opinion to the superintendent if the panel is not able to reach unanimous consent.
5.04 (C) Continuous Improvement. As a part of its review of local personnel evaluation systems and implementation of the State Model System, the Department shall report on the role of the model system appeals process as a lever to ensure broader system accountability. Specifically, the Department shall report on how the appeals process supports the following:
5.04 (C) (1) early identification to teachers of any performance deficiencies, well in advance of a second consecutive performance evaluation rating of partially effective or ineffective;
5.04 (C) (2) the provision of targeted and timely opportunities, including resources and training, to teachers to address any identified areas of deficiency promptly after they receive an initial performance evaluation rating of partially effective or ineffective and throughout the following school year;
5.04 (C) (3) a process to ensure that effective teachers are not inappropriately rated as ineffective or partially effective; and 5.04 (C) (4) the completion of performance evaluations only by individuals who have completed a Department-approved training in evaluation skills, as required by section 22-9-106(4)(a), C.R.S.
6.00 SUPPORTING IMPLEMENTATION OF REQUIREMENTS FOR LOCAL PERFORMANCE
EVALUATION SYSTEMS: DUTIES AND POWERS OF COLORADO DEPARTMENT OF EDUCATION 6.01 Monitoring and Reporting on Implementation of Requirements for Local Evaluation Systems. The Department shall monitor school districts’ and BOCES’ implementation of the requirements for local personnel evaluation systems as described in these rules and as otherwise required by federal or state statute and regulation. The intent of monitoring these systems shall be to understand whether they are implemented in a manner that provides educators with evaluations using multiple, fair, transparent, timely, rigorous and valid methods and ensures that educators receive adequate feedback and professional development support to provide them a meaningful opportunity to improve their effectiveness.
The Department will collect an assurance from each school district and BOCES no later than July 1 of each year, indicating that the school district or BOCES is either implementing the State Model System or is implementing its own distinctive personnel evaluation system that satisfies the requirements in section 5.01 of these rules. These assurances shall be signed by (i) the executive director of the BOCES or superintendent of the school district, and (ii) the chair of the BOCES or local school board.
Additional methods that the Department may use to monitor local personnel evaluation systems are (i) integrating information about evaluation systems into accountability and improvement efforts, including, if applicable, the school and district performance reports, required pursuant to section 22-11-503, C.R.S., and (ii) incorporating monitoring data into school and district Unified Improvement Plans.
6.01 (A) School districts and BOCES shall submit data, as requested by the Department, to allow said monitoring to occur and the Department will report this data on the SchoolView data portal. In order to report required data to the Department, school districts and BOCES shall categorize all teachers they employ as a teacher of record and/or contributing professional, using the statewide definitions of those terms that are established by the Department.
6.01 (B) The Department shall only publicly report data related to performance evaluation ratings in the aggregate at the school-, district- and state-level, and shall not publicly report this data for cohorts smaller than five educators.
6.01 (C) The Department shall annually publish online the results of these monitoring efforts. At a minimum, monitoring efforts shall focus on the following objectives and include the following analysis:
6.01 (C) (1) Increase the effectiveness of all educators, the progress of which may be evaluated using the following data:
6.01 (C) (1) (a) the number of educators assigned to each performance
6.01 (C) (1) (b) information concerning teacher and principal retention,
6.01 (C) (1) (c) perception survey data of Colorado educators, parents and
6.01 (C) (2) Analyze the correlation between student performance outcomes and the assignment of educators to performance evaluation ratings, which may be evaluated using the following data:
6.01 (C) (2) (a) student performance data for each public school and data
6.01 (C) (2) (b) student performance data, organized according to academic
6.01 (C) (2) (c) information concerning the distribution of educators assigned to each performance evaluation rating within each public school and school district;
6.01 (C) (2) (d) information concerning the correlation of Measures of Student
6.01 (C) (2) (e) information concerning performance results for educators on
6.01 (C) (3) Analyze the equitable distribution of effective and highly effective educators, which may be evaluated using the following data:
6.04 (C) (3) (a) the number of educators assigned to each performance
6.01 (C) (4) Analyze the extent to which principals and teachers understand how they are being evaluated, what they need to do to improve, and how to access resources they need to support their professional development, which may be evaluated using surveys, focus groups, and/or feedback received during trainings.
6.01 (D) When data collected by the Department indicates that a school district or BOCES is unable to implement a local evaluation system that meets the objectives of the Licensed Personnel Performance Evaluation Act, section 22-9-101, C.R.S., et seq., the Department will conduct a more thorough review of the school districts’ or BOCES’ processes and procedures for its licensed personnel evaluation system to assure that the system is professional, sound, results in fair, adequate, and credible evaluation, satisfies the Quality Standards in a manner that is appropriate to the size, demographics, and location of the school district or BOCES, and is consistent with the purposes of Article 22. Pursuant to section 22-11-206(4)(b), C.R.S., if the Department has reason to believe that a school district is not in substantial compliance with one or more of the statutory or regulatory requirements that applies to school districts, the Department shall notify the local school board that it has ninety days after the date of notice to come into compliance. If, at the end of the ninety-day period, the Department finds that the school district is not substantially in compliance with the applicable statutory or regulatory requirements, the school district may be subject to the interventions specified in article 11 of title 22, Colorado Revised Statutes.
6.02 Evaluation and Continuous Improvement of the Statewide System to Evaluate the Effectiveness of Licensed Personnel The Department shall use information obtained through monitoring and reporting efforts to identify opportunities for improvement. No later than July 1 of each year the State Board shall review these rules (1 CCR 301-87) and, informed by recommendations from the State Council and using information from implementation of the State Model System and other local systems, shall determine whether to affirm or revise the rules in order to reflect what has been learned.
7.0 PARENT AND STUDENT PARTNERSHIP WITH TEACHERS AND PUBLIC SCHOOL
ADMINISTRATORS 7.01 Parents and Guardians. Districts and schools shall create systems and structures that focus on providing parents and guardians with meaningful opportunities to support the academic achievement and growth of their children. These systems and structures shall proactively encourage and support:
7.01 (A) high-quality and ongoing communication between parents/guardians and
educators and schools using a variety of methods, such as various media, resources and languages;
7.01 (B) involvements of parents/guardians in school and district leadership as currently supported by law and further identified through the implementation of local evaluation systems; and 7.01 (C) the engagement of parent/guardian and community partnerships to ensure the successful implementation of the Principal, Teacher, and SSP Quality Standards.
7.02 As appropriate, the Department shall provide resources and technical assistance, through the online resource bank, to support districts in developing systems and structures that provide meaningful opportunities for parents/guardians to support the academic achievement and growth of their children.
7.03 The Department shall encourage districts to monitor and measure the effectiveness of community and family involvement strategies and to use data gathered to inform system refinements.
7.04 Students. Districts are strongly encouraged to gather student perceptions of their learning experience in order to provide teachers with feedback on their performance. Where appropriate, districts are encouraged to use student perception data as part of the multiple measures used to evaluate teacher Professional Practice, described in section 5.01 (D) (6) of these rules.
7.05 Districts are strongly encouraged to gather student perceptions to provide principals with feedback on their performance.
_______________________________________________________________________________ Editor's Notes History Entire rule eff. 02/15/2012.
Sections SB&P, 5.04 eff. 05/30/2012.
Sections 0.0, 1.00, 4.00 eff. 01/30/2014.
Entire rule eff. 08/14/2018.