CO Code § 22-9-104 (2021)
2021 Colorado Code|Title 22 - Education|Article 9 - Licensed Personnel Evaluations|§ 22-9-104. State Board - Powers and Duties - Rules

  The state board shall promulgate guidelines relating to the planning, development, implementation, and assessment of a licensed personnel performance evaluation system that may be followed by each school district and board of cooperative services within the state. In promulgating said guidelines, the state board shall allow each school district and board of cooperative services to involve and consult with the licensed personnel and citizens of the school district or districts. Each school district and board of cooperative services shall have the flexibility needed to develop a system of personnel performance evaluation that is specifically designed to meet the individual needs of that school district and board of cooperative services.    The state board shall:   Provide training and leadership and give technical assistance to school districts and boards of cooperative services in the development of a licensed personnel performance evaluation system;    Work and cooperate with the state's universities and colleges that have teacher, principal, or administrator education programs to assure that principals and administrators having evaluation responsibilities will receive adequate education and training that meets the requirements specified in section 22-9-108 and will enable them to make thorough, credible, fair, and professional quality evaluations of all licensed personnel whom those principals or administrators may be responsible for evaluating;    Pursuant to section 22-9-105.5, work with the council to promulgate rules concerning the planning, development, implementation, and assessment of a system to evaluate the effectiveness of licensed personnel;    Repealed.    (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1532, § 17, effective May 21, 2009.)      On or before September 1, 2011, the state board, pursuant to the “State Administrative Procedure Act”, article 4 of title 24, C.R.S., shall promulgate rules with regard to the issues specified in section 22-9-105.5 (10) using the recommendations from the council. If the council fails to make recommendations to the state board by March 1, 2011, with regard to one or more of the issues specified in section 22-9-105.5 (10), the state board, on or before September 1, 2011, shall promulgate rules concerning any issues in section 22-9-105.5 (10) that the council did not address. In promulgating rules pursuant to this paragraph (f), the state board shall conform to the timeline set forth in section 22-9-105.5. (f) (I) On or before September 1, 2011, the state board, pursuant to the “State Administrative Procedure Act”, article 4 of title 24, C.R.S., shall promulgate rules with regard to the issues specified in section 22-9-105.5 (10) using the recommendations from the council. If the council fails to make recommendations to the state board by March 1, 2011, with regard to one or more of the issues specified in section 22-9-105.5 (10), the state board, on or before September 1, 2011, shall promulgate rules concerning any issues in section 22-9-105.5 (10) that the council did not address. In promulgating rules pursuant to this paragraph (f), the state board shall conform to the timeline set forth in section 22-9-105.5.    On or before February 15, 2012, the general assembly shall review the rules promulgated pursuant to subparagraph (I) of this paragraph (f), in a bill that is separate from the annual rule review bill introduced pursuant to section 24-4-103 (8)(d), C.R.S., and in accordance with the criteria and procedures specified in section 24-4-103 (8)(a) and (8)(d), C.R.S.; except that the general assembly reserves the right to repeal individual rules in the rules promulgated by the state board. If one or more rules are not approved by the general assembly pursuant to this subparagraph (II), the state board shall promulgate emergency rules pursuant to section 24-4-103 (6), C.R.S., on such issue or issues and resubmit to the general assembly on or before May 1, 2012. The general assembly shall review the emergency rules promulgated according to the process outlined in this subparagraph (II).            History. Source: L. 84: Entire article added, p. 586, § 1, effective May 14. L. 92: (1), (2)(a), and (2)(d) amended, p. 472, § 4, effective April 29. L. 98: (2)(b) amended, p. 285, § 3, effective July 1. L. 2000: (1), (2)(a), (2)(b), and (2)(c) amended, p. 1850, § 44, effective August 2. L. 2004: (2)(d) amended, p. 1285, § 15, effective May 28. L. 2009: (2)(c), (2)(d), and (2)(e) amended,(SB 09-163), ch. 293, p. 1532, § 17, effective May 21. L. 2010: (2)(c) and (2)(d) amended and (2)(f) added,(SB 10-191), ch. 241, p. 1055, § 3, effective May 20. L. 2013: (2)(d) repealed,(HB 13-1257), ch. 237, p. 1153, § 2, effective May 17.    ANNOTATION   Independent private cause of action not created by this act since this section provides a remedy to redress a statutory violation of this section. Axtell v. Park Sch. Dist. R-3, 962 P.2d 319 (Colo. App. 1998).