S.B. 98-1 School discipline - services for expelled students - expulsion policies. Clarifies that school districts are required to provide educational services to expelled students upon request of the student or the student's parent or guardian. Specifies the types of educational services that a school district shall provide. Instructs the school district to determine the amount of credit toward graduation that the expelled student shall receive for the educational services provided. Specifies that a student who is receiving educational services may be suspended or expelled in accordance with school district policy and state statute and that, except as required in federal law, any student so suspended or expelled is not entitled to educational services during the period of suspension or expulsion.
Clarifies that an expelling school district need not provide educational services on school property. Clarifies that a student who is at risk of suspension or expulsion or is suspended or expelled, or the student's parent or guardian, may also request other types of services that the school district may provide.
In making awards through the expelled services grant program, instructs the state board of education to consider the costs incurred by the school district in providing educational services to expelled students, rather than the number of students expelled by the school district. Deletes consideration of the number of students anticipated to be at risk of suspension or expulsion during the school year for which the grant is requested.
Expands the definition of "pupil enrollment" for school finance purposes to include pupils who are expelled prior to October 1, but are receiving educational services as of October 1.
Directs each school district, in adopting a written conduct and discipline code, to specify the general policies and procedures for determining the circumstances under and the manner in which suspensions and expulsions shall be imposed. Requires a school district to develop a remedial discipline plan for a student after the second suspension for a material and substantial disruption, rather than after the first suspension.
APPROVED by Governor April 30, 1998
EFFECTIVE April 30, 1998
S.B. 98-11 School district board of education - candidates - qualifications. Requires any candidate for the office of school district director to be a resident of the school district for at least 12 consecutive months prior to the election. Makes any person who has been convicted of commission of a sexual offense against a child ineligible for election to a school district board of education. Directs that any board member who is convicted of commission of a sexual offense against a child while serving on a board of education becomes ineligible to serve and a vacancy is thereby created. Specifies that the act applies to persons elected on or after July 1, 1998.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
S.B. 98-63 Charter schools - repeal of repealer. Repeals the provision contained within the "Charter Schools Act" that would repeal the act on July 1, 1998, thereby extending the "Charter Schools Act" indefinitely.
Repeals a provision in the "Charter Schools Act" meant to give effect to those charters existing as of July 1, 1998, for the duration of those respective charters, so that those charters existing on that date would not be extinguished automatically by the repeal of the act.
APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998
H.B. 98-1071 Substitute teacher - definition. Clarifies the definition of "substitute teacher" by eliminating the current cumulative limit of 110 regular school days worked and the requirement of working 4 or more hours per school day. Adds that a substitute teacher is one who works as a replacement for a regular teacher, a probationary teacher, or a part-time teacher on a short-term basis while the teacher is absent or unavailable. Specifically excludes from the definition of "substitute teacher" a nonprobationary teacher or a probationary teacher assigned as a permanent substitute teacher within a school district.
APPROVED by Governor March 16, 1998
EFFECTIVE March 16, 1998
H.B. 98-1089 Licensed educators - evaluator training - performance evaluation systems. Establishes requirements for principal and administrator preparation and other evaluator training programs to ensure that training in evaluation skills is consistent statewide. Requires institutions of higher education that provide principal and administrator preparation programs and school districts and boards of cooperative services that provide evaluator training to comply with the program requirements. Identifies the areas that evaluator training shall include, and requires a principal or administrator to demonstrate competencies in the specified areas in order to successfully complete evaluator training.
Requires each school district's performance evaluation system to include two documented observations and one evaluation that results in a written report per year for probationary teachers and one observation each year and one evaluation that results in a written report every 3 years for nonprobationary teachers.
Specifies that one of the standards set by a school district for measuring teacher performance shall be directly related to classroom instruction and shall include multiple measures of student performance. Requires the performance evaluation system to ensure that teacher performance standards and criteria are available in writing to all certificated personnel and that the standards and criteria are communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.
Allows the evaluation report to include peer, parent, or student input obtained from standardized surveys. If the person being evaluated disagrees with the evaluation, allows the person to attach any written explanation or other documentation that the person deems necessary.
Requires evaluators to keep records regarding each evaluation. Specifies that each principal or administrator who is responsible for evaluating personnel shall be evaluated on how well he or she carries out the evaluation responsibilities.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
H.B. 98-1090 Teachers - dismissal. Shortens the time for notifying the teacher of a dismissal recommendation from 7 days to 3 days. Shortens the time for the teacher to request a hearing from 7 days to 5 working days. Shortens the maximum period for which a suspended teacher may receive pay from 120 days to 100 days. Changes the time for selecting a hearing officer from 5 days to 5 working days after the notice of objection. If the teacher and chief administrative officer cannot agree on a hearing officer within 5 working days, instructs them to request assignment of an administrative law judge by the department of personnel. Requires the hearing officer to set the hearing date and the date of a prehearing conference within 3 working days after selection, rather than 5 days. Requires the conference and the hearing to be held within 30 days after the hearing date is set, rather than 30 days after selection of the hearing officer. Explains that one purpose of the prehearing conference is to limit the amount of evidence to be presented at the hearing, and requires the parties and their counsel to attend the prehearing conference.
Requires the teacher to provide the school district with copies of any documents he or she plans to introduce at the hearing. Allows both the teacher and the chief administrative officer of the district to supplement their document and witness lists within 7 days after the teacher submits his or her documents. Prohibits the addition of witnesses or documents after expiration of the 7-day period, except on a showing of good cause.
Allows the hearing officer to conduct an informal hearing, but requires that the Colorado rules of evidence concerning hearsay testimony be followed. Reduces the length of the hearing from 10 days to 6 days unless extended by a showing of good cause, and specifies that each party has 3 days to present its case in chief. Limits each party to no more than 10 witnesses, except on a showing of good cause.
Limits the hearing officer to recommending only dismissal or retention. Prevents the hearing officer from placing any conditions on a recommendation for retention. Allows the hearing officer to issue his or her decision, rather than requiring adoption of the decision in open session.
Deletes language establishing a different standard of review on appeal if the board did not follow the hearing officer's recommendation. Allows, rather than requires, the court of appeals to remand a case for further hearing if the court finds a substantial irregularity or error. On request of the prevailing party, requires the court of appeals or the supreme court, depending on the level of appeal, to enter a judgment for costs, including attorney fees, against the nonprevailing party if the nonprevailing party's appeal or defense on appeal lacked substantial justification.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
H.B. 98-1095 Retirement funds - school districts - investment. Specifies that, where a school district maintains a benefit or retirement system that utilizes the trust form for managing and investing the funds and assets of that system, the trustee or trustees of such trust shall manage and invest any property or investments held by the trust pursuant to the standard set forth in the "Uniform Prudent Investor Act", as made applicable to any such trust on July 1, 1995.
APPROVED by Governor March 6, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect on August 5, 1998; except that, if a referendum petition is filed against this act or an
item, section, or part of this act within the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act,
item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
H.B. 98-1139 Tobacco-free schools - repeal of exception. Effective July 1, 1999, eliminates a school district board of education's authority to adopt exemptions from the prohibition against the use of tobacco on school property, and invalidates any exemption adopted prior to said date.
APPROVED by Governor March 23, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1157 Teachers - retirees receiving benefits through school district's retirement fund - post-retirement employment. Conforms the amount of time that a person receiving benefits through a school district retirement fund may be reemployed to provide services to the school district to the amount of time that a person receiving benefits through the public employees retirement association may be reemployed by a school district: 110 full days per year if employment is for full or half days; 720 hours per year if employment is hourly; and 110 full days per year if employment is a combination of full days, half days, and hourly. Specifies the amount of reduction in benefits if a person works more than the specified amount of hours.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
H.B. 98-1162 Postsecondary enrollment options - payment of tuition - reimbursement. Requires any high school pupil who enrolls in courses at an institution of higher education under the "Postsecondary Enrollment Options Act", or the pupil's parent or guardian, to pay the amount of tuition required to enroll in such courses. Requires the school district to provide reimbursement for the amount of tuition paid, upon presentment by the pupil of evidence of passage of the courses.
Requires the school district to pay the tuition for pupils who are eligible for free or reduced-cost school lunch. Allows the school district to pay the tuition for a pupil if payment of the tuition would impose a financial hardship on the pupil or the pupil's parent or guardian and the pupil shows evidence of a commitment to successfully completing the course. If the pupil fails to pass the course, requires the pupil, parent, or guardian to reimburse the school district for the amount of tuition paid.
APPROVED by Governor March 27, 1998
EFFECTIVE March 27, 1998
H.B. 98-1171 Charter schools - request for waiver of statutes and regulations - process. Permits the release of charter schools from state regulations and statutes on an expedited basis. Specifies that the state board of education has 45 days after a waiver request is submitted to either grant or deny the request. Permits the state board to orally grant a request, but provides that the board can only deny a request in writing and must specify the reasons for denial. States that a waiver request is deemed granted if the state board has not acted on the request within 45 days after its submission. Clarifies that, when more than one waiver is requested, denial shall apply to only those statutes or regulations so specified. Deletes a requirement that a local board of education and a charter school shall submit a joint waiver request.
APPROVED by Governor June 1, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1186 Public schools - history and civil government - American Indians. Adds a requirement that public schools teach the history, culture, and contributions of American Indians to the existing requirement of teaching the history, culture, and contributions of minorities. Changes existing references in the law from Spanish Americans and American Negroes to read Hispanic Americans and African Americans.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1208 Educator licensing - provisional special services license - basic skills assessment - exemption. Exempts any school psychologist or school social worker who holds a valid Colorado license or registration or a valid national certificate from the requirement of passing a basic skills assessment prior to receiving a provisional special services license.
APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998
H.B. 98-1209 Waiver of requirements. Repeals the provision that would have repealed the state board of education's authorization to waive any of the requirements of title 22, C.R.S., and any regulatory requirements on July 1, 1998.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1227 Authorization of on-line educational program. Authorizes a school district, any group of school districts, or a board of cooperative services to establish an on-line educational program ("on-line program") as an alternative educational program for a student who has been expelled from a public school or a student who demonstrates circumstances that indicate such student's probable success in the on-line program. Identifies the required features of an on-line program.
Creates an exception to the mandatory attendance law for a student who participates in the on-line program. Authorizes the school district to count any student who is participating in the on-line program as an enrolled student for the purpose of determining pupil enrollment under the school finance act if in the preceding academic year the child was enrolled in a public school or charter school of a school district in the state or the child was not enrolled in any private school, had not participated in a non-public home-based education program, or had not participated in home instruction by a licensed or certified teacher.
APPROVED by Governor May 18, 1998
EFFECTIVE August 5,1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1231 Capital construction - assistance program for school districts - matching grants. Establishes a school construction and renovation fund to be used to make matching grants to school districts for capital construction projects. Allows matching grants only for projects that have been evaluated and included on the prioritized list prepared by the state board of education.
Permits the use of moneys in the school construction and renovation fund for school district capital construction projects involving instructional facilities, including classrooms, libraries, physical plants, and administrative areas, but does not permit the use of moneys in the fund for athletic, recreational, or other noninstructional facilities.
Requires school districts to submit grant applications to the state board of education no later than July 1 of each year. Allows an individual school to apply through the school district in which the school is located. States that it is the intent of the general assembly that school districts give consideration to the needs of both traditional public schools and charter schools when submitting applications for grants. Authorizes the state board to prescribe the form of the applications, to request additional information, and to promulgate rules for the implementation of the program.
Directs the state board or its designees to review the applications and to prioritize them based on the relationship of the project to safety or health concerns, the relative wealth of the school district, the enrollment growth within the district, the efforts of the school district to allocate moneys to its capital reserve fund in excess of the amounts required by law, and whether the project will assist in incorporating technology into the educational environment. Directs the state board to transmit its prioritized list of eligible projects to the joint budget committee no later than December 1 of each year for inclusion in the general appropriations bill. Requires the state board to transmit the list to the education committees of the house of representatives and the senate. Provides that the joint budget committee shall determine how many of the eligible projects can receive grants of moneys from the fund, that only projects on the prioritized list may receive grants of moneys from the fund, and that the projects shall be funded in the priority determined by the state board.
Provides that the state board shall develop criteria to determine the amount of each matching grant, including the ranking of the school district's assessed value per pupil, the district's mill levy and debt capacity, the percentage of at-risk pupils in the district, the district's effort to submit and support bond questions, and the age and condition of the buildings to be remodeled or rebuilt.
APPROVED by Governor May 27, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1234 School finance - funding of student assessments - small attendance center aid - bonded debt limits - release of student information to recruiters - audit recoveries - military affairs program for expelled students - appropriations. Increases statewide base per pupil funding from $3,667 to $3,783. Modifies the size factor formula to provide a minimum size factor of 1.0081 in FY 1998-99 and 1.0120 in FY 1999-2000. Increases the size factor slightly for districts with funded pupil counts between 2,293 and 5,650. Provides that per pupil funding for the minimum districts in FY 1998-99 is not affected by the statutory change in the size factor and for fiscal years thereafter is not affected by changes in the district's size or cost-of-living factor or statutory changes in the at-risk factor. Provides that the size factor for districts with 500 or less pupils be calculated using the district's funded pupil count minus 65% of the pupils enrolled in charter schools. Requires a legislative council staff study of the size factor during the 1998 interim.
For FY 1998-99 and thereafter, permits a district whose funding is capped by TABOR (section 20 of article X of the state constitution) to certify their eligibility for additional school finance revenues up to the district's formula amount. Requires that such certification be submitted no later than December 1 and be reviewed and approved by the district's auditor.
Provides that the student assessment program will be funded as a separate line item in the long bill instead of funded from school finance moneys.
Modifies the definition of "funded pupil count" to mean the greater of the following: The district's pupil enrollment for the applicable budget year; a two-year average; a three-year average; or a four-year average.
Establishes a small attendance center categorical program to provide additional funding for districts that operate schools with less than 200 pupils that are at least 20 miles from a similar school in the district.
Increases the cap on the preschool program from 8,500 to 8,850. Requires the department of education allocate up to 500 positions to full-day kindergarten programs.
Makes other changes relating to public schools as follows:
Adjusts the 1997 long bill to reduce the general fund appropriation to the department of education by $3,891,120 and appropriates such amount to the state public school fund. Adjusts the 1998 long bill to increase the appropriation to the department of education for the school finance, total program, by $3,007,206, the appropriation to the department for the gifted and talented program by $500,000, and the appropriation to the department for the expelled student services program by $500,000. Appropriates $3,967,206 to the department of education to pay the costs of the student assessment program. Appropriates $800,000 to the department of education for the small attendance center categorical program. Authorizes the department of military affairs to seek a supplemental appropriation to expend any moneys it may receive from the department of education to fund a national guard challenge program and allows the department to spend any federal funds it may receive to fund such program.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1240 State special education advisory committee - membership. Changes the qualifications for members appointed to the state special education advisory committee to conform with the requirements for advisory panels under the federal "Individuals with Disabilities Education Act".
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
H.B. 98-1261 School district reorganization. Instructs the school district boards of education that are affected by the appointment of a school organization planning committee to cooperate with the committee by providing any information requested by the committee to assist in formulating the plan of organization.
Requires, rather than allows, school districts to compensate school organization planning committee members for their actual expenses incurred in performance of their duties. Limits "actual expenses" to travel expenses and expenses incurred in purchasing necessary supplies.
Prohibits a plan of organization from setting school district boundaries to create a portion of a school district that is not contiguous to the remainder of the school district.
Provides that the expense of the special school district organization election shall be apportioned among the affected school districts based on population.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1267 Education accreditation - statewide assessments. Requires the state board of education to implement a school accreditation process that focuses on student achievement results on standards-based tests. Requires the state board of education to establish accreditation indicators no later than December 31, 1998. Requires the state board of education to prepare annual reports on achievement of the accreditation indicators by public schools and school districts.
Requires each school district to enter into an accreditation contract with the state board of education, which contract shall define the standards, goals, and requirements to be met by the school district over the 6-year term of the contract. Requires the state department of education to monitor the accreditation contracts and to provide technical assistance to any school district in the state that requests such assistance.
Establishes a corrective action cycle pursuant to which a school district shall receive notice that it is out of compliance with a provision of the accreditation contract, is on probation for failure to implement a plan to remedy a lack of compliance, or has its accreditation removed if it fails to remedy its lack of compliance within 120 days after the school district is placed on probation.
Revises the statewide assessment schedule by requiring administration of a statewide assessment in reading and writing to all students in the 7th grade, starting in the spring semester of 1999; a statewide assessment in mathematics and science to all students in the 8th grade, starting in the spring semester of 2000; and a statewide assessment in reading, writing, and mathematics to all students in the 10th grade, starting in the spring semester of 2001. Requires that, beginning in the spring semester of 2003 and each spring semester thereafter, all students enrolled in the 12th grade who scored below proficient in the statewide assessment administered in the 10th grade shall be required to take the test again before graduation. The state department of education shall maintain the results of such assessments and shall consider such results as accreditation indicators for a school district.
Instructs the state board of education to annually review the competency assessments for professional educators to ensure that they establish an adequate level of competency. Requires teacher preparation programs to include instruction in implementing standards-based education.
APPROVED by Governor May 27, 1998
EFFECTIVE July 1, 1998
H.B. 98-1371 Expulsions - dangerous weapon. Requires a school district to expel a student for bringing a firearm facsimile to school only if the facsimile could reasonably be mistaken for an actual firearm. Creates an exception to the mandatory expulsion requirement for bringing a dangerous weapon to school if the student notifies a teacher or other authorized person as soon as possible after discovering the dangerous weapon and delivers the dangerous weapon to the teacher or other authorized person. Clarifies that the school district may expel a student under such circumstances if expulsion would be in accordance with the school district's discipline code.
APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998
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