Colorado State Board of Education
Department of Education

						       1 Colorado Code of Regulations 301-37

Adopted:  5/12/94
Amended:  11/10/94, 12/8/94, 7/13/95, 12/13/96, 9/11/97, 3/5/98, 8/20/98, 10/3/02 (emergency), 1/16/03, 9/11/03, 2/12/04, 12/9/04, 11/10/05, 12/14/06
Attorney General Opinion:   5/25/94, 11/30/94, 12/28/94, 7/31/95, 12/29/96, 9/30/97, 3/16/98, 8/26/98, 10/8/02, 1/17/03, 9/25/03, 2/20/04, 12/20/04, 11/17/05

Statutory Authority:  22-2-107 (1)(c), 22-60.5-101, et seq., C.R.S., the Colorado Educator Licensing Act of 1991, 22-2-109 (1)(p), 22-2-109 (1)(g)(h)(i), 22-2-109 (6)(a), C.R.S.

RULES FOR THE

ADMINISTRATION OF THE

EDUCATOR LICENSING ACT OF 1991

	
2260.5-R-1.13
 	Statement of Basis and Purpose for Amendments. The statutory authority for the amendments to these Rules is found in sections 22-2-107(1)(c) and 22-60.5-101, et seq., C.R.S.  The amendments are necessitated by legislative amendments to the Educator Licensing Act of 1991 resulting from enactment of SB 06-176, which changes educator fingerprint submission requirements and modifies the grounds for the denial, annulment, suspension or revocation of licenses.  In addition, the amendments clarify and improve language and correct technical errors. The purpose of these amendments to the Rules for the Administration of the Educator Licensing Act of 1991 is to ensure that the Colorado State Board of Education’s adopted rules are in compliance with state statute.

22-60.5-R-1.14
Statement of Basis and Purpose for Amendments.  The statutory authority for the amendments to these Rules is found in sections 22-2-107 (1) (c) and 22-60.5-101, et seq., C.R.S.  The purposes of these amendments to the Rules for the Administration of the Educator Licensing Act of 1991 is to ensure that the Colorado State Board of Education’s adopted rules are in compliance with state statute, as requested by Legislative Legal Services with regard to initial principal licenses, alternative principal licenses, temporary educator eligibility, changes in titles of licenses and adjunct authorizations.

2.04	(5)	Prior to submitting to the Department an application for a license, authorization or endorsement, or the renewal or reinstatement of a license or authorization, the applicant shall be required to submit to the Colorado Bureau of Investigation a complete set of his or her fingerprints taken by a qualified law enforcement agency and the fingerprint processing fee, unless the applicant previously submitted a complete set of his or her fingerprints to the Department or the Colorado Bureau of Investigation in connection with an educator license or authorization application. Each applicant shall also be required to submit to the Department an oath form certifying to prior felony or misdemeanor convictions, but not including any misdemeanor traffic offense or traffic infraction, and such other information necessary to determine the applicant’s moral fitness.

3.03 (1) An Initial Principal License may be issued to an applicant who:

3.03 (1) (b) 	Has completed an approved principal preparation program in an accepted institution of higher education.  

3.03 (1) (c) 	Provides documented evidence of three or more years of full-time successful experience as a licensed or certificated professional in a public or non-public elementary or secondary school in this state or another state.

3.03 (1) (d) 	Has submitted the application for an Initial License, including official transcripts, the fees, and other supporting data as described in section 2.04 of these Rules. 

3.03 (1) (e) 	Has demonstrated professional competencies as evidenced by passing scores on the State Board- adopted licensing assessments including basic skills, oral English proficiency and content/professional knowledge. 

3.03 (2)  An Initial Principal License may also be issued to an applicant who: 

3.03 (2) (a) 	Provides documented evidence of successful completion of an alternative principal program under a principal authorization. 

3.03 (3) 	An Initial Principal License shall be valid in any school district or districts which provide or have been granted a waiver from providing an approved induction program for principals as described in section 14.00 of these Rules. 

3.03 (4) 	An Initial Principal License shall be valid for occasional teaching, which shall not constitute more than one half of a typical teaching assignment. 

3.05 (4)	Applicants for Professional Licenses need not complete an approved induction program as an initial teacher or special services licensee if the applicant previously completed an induction program while teaching under an Emergency Authorization, an Interim Authorization, or a Temporary Educator Eligibility Authorization.  If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district’s plan for support, assistance, and training of an initially licensed educator. 

3.06 (1) 	A Professional License may be issued to an applicant who has met the following requirements:

3.06 (1) (a) 	Holds a valid Initial Principal License and holds an earned masters degree or higher from an accepted institution of higher education.

3.06 (1) (c) 	Applicants for Professional Licenses need not complete an approved induction program as an initial principal licensee if the applicant previously completed an induction program while holding an Initial Principal License, or an Emergency Principal Authorization or an Interim Authorization, or the school district in which the applicant is employed has obtained a waiver of the induction program requirement. 

3.06 (1) (d)	If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district’s plan for support, assistance, and training of an initially-licensed principal.

3.07 (1) ( c ) 	Has successfully completed an approved induction program as described in section 14.00 of these Rules and has been recommended by the school district or districts which provided such induction program except as provided in section 3.07(1)(d) of these Rules.  If an out-of-state applicant holds a license from the other state for which standards of issuance are comparable to Colorado’s and has completed three or more years of continuous, successful, evaluated experience as an Administrator in an established elementary or secondary school and can provide documentation of such experience on forms provided by the Department, that applicant will be exempted from Colorado’s induction program requirement and issued a Professional License.  

3.07 (1) (d) 	Applicants for Professional Licenses need not complete an approved induction program as an initial administrator licensee if the applicant previously completed an induction program while holding an Initial Administrator License, or an Emergency Administrator authorization or an “Interim Authorization,” or if the school district in which the applicant is employed has obtained a waiver of the induction program requirement. If the applicant is employed by a school district that has obtained a waiver of the induction program requirement, the applicant shall demonstrate completion of any requirements specified in the school district’s plan for support, assistance, and training of an initially-licensed administrator.

4.01 (1) (d) The applicant has been employed for at least five years in the area of specialization or holds a BA degree or higher in the area of specialization. 

4.11  Authorization: School Speech-Language Pathology Assistant, for Ages Birth – 21. The School Speech-Language Pathology Assistant (SLP-A) serves as a member of an educational team, and is authorized to perform tasks prescribed, directed, and supervised by a certified Speech-Language Pathologist (SLP), in implementing services for children/students with speech, language, cognitive, voice, oral-muscular, augmentative/alternative communication disorders, and hearing impairments. The candidate for authorization as an SLP-A, ages 0-21, shall hold a bachelor’s degree in speech communication, speech-language pathology, or communication disorders/speech sciences, from an accepted institution of higher education; have successfully completed a school speech-language pathology assistant program or equivalent, which meets or exceeds recommended guidelines established by a national association of speech-language-hearing professionals; have successfully completed a minimum of 100-hours of a school-based practicum, under the supervision of an ASHA-certified SLP; and have demonstrated knowledge and skills in the competencies specified below. 

4.13	Authorization: Temporary Educator Eligibility (TEE). The applicant for a Temporary Educator Eligibility (TEE) Authorization has not yet met the requirements for a Colorado Initial Teacher License as a special education teacher, or a special services provider license or an administrator license for a special education director, but provides evidence of continuing enrollment in a program which will meet the requirements for that license. The Temporary Educator Eligibility Authorization will be issued for one year and may be renewed twice for a total of three years. 

4.13 (1) 	An approved Temporary Educator Eligibility (TEE) Authorization may be issued to an applicant, when: 

4.13 (1) (a) 	a Colorado school district requests the Temporary Educator Eligibility (TEE) Authorization, in order to employ as a teacher or administrator, an applicant who does not yet meet licensing requirements, but who meets the eligibility requirements specified below. 

4.13 (3) 	The Temporary Educator Eligibility (TEE) Authorization is renewable. 

4.13 (4) 	The applicant shall: 

4.13 (4) (c) 	be approved for a Temporary Educator Eligibility (TEE) Authorization, based on evidence which documents compliance with specified requirements. 

4.17 (5) (b) 	all candidates for a Principal License shall be required to provide documented evidence of having met or surpassed the performance-based principal licensure standards, as cited in 22-60.5-R-6.00. 

4.17 (6) 	If the State Board determines that the individualized alternative principal program meets the requirements specified in 4.17 (5), the State Board shall approve the individualized alternative principal program, and the Department of Education shall issue the Principal Authorization to the applicant. A Principal Authorization shall be valid for three years and may not be renewed. 

4.17 (7) 	A candidate who meets all requirements for an Interim Principal License, upon successful completion of an alternative principal preparation program, may apply for a Colorado Interim Principal’s License.   

15.00 (2) (a)	a license may be denied if the applicant attempts to obtain the license through misrepresentation or fraud or through misleading information or an untruthful statement submitted or offered with the intent to misrepresent or mislead or to conceal the truth;

15.00 (2) (b)	a license may be annulled if the holder obtained the license through misrepresentation or fraud or through misleading information or an untruthful statement submitted or offered with the intent to misrepresent or mislead or to conceal the truth.  A license may be annulled or modified if the Department mistakenly issued the license and it is subsequently determined that the holder is not entitled to the license due to a failure to meet educational or non-educational requirements in effect when the license was issued; 

15.00 (2) (c)	a license may be denied, suspended or revoked when the applicant or holder is or has ever been determined to be mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to Part 3 or Part 4 of Article 14 of Title 15 or Section 27-10-109 (4) or 27-10-125, C.R.S., an order specifically finding that the mental incompetency is of such a degree that the applicant or holder is incapable of continuing to perform his or her job; except that the license of a person who has been determined to be mentally incompetent and for whom such an order has been entered shall be denied, revoked or suspended by operation of law without a hearing, notwithstanding the provisions of Section 22-60.5-108, C.R.S.;

15.00 (2) (d)	a license may be denied, suspended or revoked when the applicant or holder is or has ever been convicted of, pleads or has ever pled nolo contendere to or receives or has ever received a deferred sentence for a violation of any law of this state involving contributing to the delinquency of a minor, as described in Section 18-6-701, C.R.S.; a misdemeanor, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in Section 18-6-800.3 (1), C.R.S., and the conviction is a second or subsequent conviction for the same offense; misdemeanor sexual assault, as described in Section 18-3-402, C.R.S.; misdemeanor unlawful sexual conduct, as described in Section 18-3-404, C.R.S.; misdemeanor sexual assault on a client by a psychotherapist, as described in Section 18-3-405.5, C.R.S.; misdemeanor child abuse, as described in Section 18-6-401, C.R.S.; or misdemeanor sexual exploitation of children, as described in Section 18-6-403, C.R.S.; or a crime under the laws of the United States, another state, a municipality of this state or another state, or any territory subject to the jurisdiction of the united states, the elements of which are substantially similar to one of the offenses described in this paragraph (d);  

15.00 (2) (e)	a license may be denied, suspended or revoked when the applicant or holder is or has ever been found guilty of or pleads or has ever pled guilty or nolo contendere to a misdemeanor violation of any law of this state or another state, any municipality of this state or another state, or the United States or any territory subject to the jurisdiction of the United States involving the illegal sale of controlled substances, as defined in Section 12-22-303 (7), C.R.S.;

15.00 (2) (f)	a license may be denied, suspended or revoked when the applicant or holder is or has ever been found guilty of a felony, other than a felony described in Section 15.00 (3) of these Rules, or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a felony, other than a felony described in Section 15.00 (3) of these Rules, in this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony, other than a felony described in Section 15.00 (3) of these Rules, when the commission of said felony, in the judgment of the State Board of Education, renders the applicant or holder unfit to perform the services authorized by his or her license;

15.00 (2) (g)	a license may be denied, suspended or revoked when the applicant or holder has ever received a disposition or an adjudication for an offense involving what would constitute a physical assault, a battery, or a drug-related offense if committed by an adult and the offense was committed within the ten years preceding the date of the applicant or holder’s application for a license;

15.00 (2) (h)	a license may be denied, suspended or revoked when the applicant or holder forfeits or has ever forfeited any bail, bond or other security deposited to secure the appearance by the applicant or holder who is charged with having committed a felony or misdemeanor, pays or has ever paid a fine, enters or has ever entered a plea of nolo contendere, or receives or has ever received a deferred or suspended sentence imposed by the court for any offense described in Sections 15.00 (3) (a) or 15.00 (3) (b) of these Rules;

15.00 (2) (i)	notwithstanding any provision of Section 15.00 (3) of these Rules to the contrary, a license may be denied, suspended or revoked when the State Board of Education determines an applicant or holder who held a license prior to June 6, 1991, has ever been convicted of an offense described in Section 15.00 (3) of these Rules, unless the applicant or holder was previously afforded the rights set forth in Section 22-60.5-108, C.R.S., with respect to the offense and the applicant or holder received or retained his or her license as a result;

15.00 (2) (j)	a license may be suspended when the holder, without good cause, resigns or abandons his or her contracted position with a school district or fails or refuses to perform required services pursuant to an employment contract with a school district without giving written notice to the employing local board of education of his or her intent to terminate his or her employment contract for the succeeding academic year at least thirty days prior to the commencement of the succeeding                                        academic year or the commencement of services under his or her employment contract or without giving written notice to the employing local board of education of his or her intent to terminate his or her employment contract for the current academic year at least thirty days prior to the date he or she intends to stop performing the services required by the employment contract;

15.00 (2) (k)	a license may be denied, annulled, suspended or revoked when the State Board of Education finds and determines that the applicant or holder is or has ever been professionally incompetent, as described in Section 15.01 of these Rules;

15.00 (2) (l)	a license may be denied, annulled, suspended or revoked when the State Board of Education finds and determines that the applicant or holder is or has ever been guilty of unethical behavior, as described in Section 15.02 of these Rules.

15.00 (2) (m) 	a license may be suspended or revoked for a period not less than 90 days when the State Board of Education finds and determines that the licensee knowingly and intentionally failed to protect student data, pursuant to 22-1-123 C.R.S.

15.00 (3)	 a license shall be denied, annulled, suspended or revoked by the State Board of Education in
                           accordance with the State Administrative Procedures Act, Sections 24-4-101 through 107, 
                           C.R.S., in the following circumstances:

15.00 (3) (a)	a license shall be denied, suspended or revoked when the applicant or holder is or has ever been convicted by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court of felony child abuse, as specified in Section 18-6-401, C.R.S.; a crime of violence, as defined in Section 18-1.3-406, C.R.S.; a felony offense involving unlawful sexual behavior, as defined in Section 16-22-102 (9), C.R.S.; a felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S.; or a felony offense in another state, the United States, or territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the elements of one of the offenses described in this paragraph (a);

15.00 (3) (b)	a license shall be denied, suspended or revoked when the applicant or holder is or has ever been convicted by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court of indecent exposure, as described in Section 18-7-302 C.R.S., or of a crime under the laws of another state, a municipality of this or another state, the United States, or a territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the offense of indecent exposure described in this paragraph (b);  

15.00 (3) (c)	a license shall be denied, suspended or revoked when the applicant or holder receives or has ever received a disposition or an adjudication for an offense that would constitute felony unlawful sexual behavior, as defined in Section 16-22-102 (9), C.R.S., if committed by an adult;

15.01	Standards of Professional Incompetence. For a license holder or applicant to be found incompetent, it must be demonstrated that he or she is unable to engage in professional assignments related to his or her license or endorsement area because of a failure to carry out the teaching, special services, principal or administrative functions as described in Sections 5.00 or 6.00 of these Rules. To warrant denial, annulment, suspension or revocation of the license, violations must be found to be substantial or continued.

15.02	Standards of Unethical Behavior. The following shall serve as standards against which charges of unethical behavior will be judged. To warrant denial, annulment, suspension or revocation of the license, violations must be found to be substantial or continued. It shall be considered unethical behavior for a license holder or applicant to:

15.02	(1)	fail or to have ever failed to make reasonable effort to protect the student from conditions harmful to health and safety;

15.02	(2)	provide or to have ever provided professional services in a discriminatory manner regarding age, gender, sexual orientation, national origin, race, ethnicity, color, creed, religion, language, disability, socio-economic status, or status with regard to marriage;

15.02	(3)	fail or to have ever failed to keep in confidence information obtained in the course of professional services unless disclosure serves to protect the child, other children or school personnel, or is required by law;

15.02	(4)	direct or to have ever directed a person to carry out professional responsibilities knowing that such person is not qualified for the responsibility given, except for assignments of short duration in emergency situations;

15.02	(5)	deliberately distort or suppress or to have ever deliberately distorted or suppressed curricular materials or educational information in order to promote the personal view, interest or goal of the license holder or applicant;

15.02	(6)	falsify or misrepresent or to have ever falsified or misrepresented records or facts relating to the license holder or applicant’s qualifications, another educator's qualifications or a student’s records;

15.02	(7) 	make or to have ever made false or malicious statements about students or school personnel;

15.02	(8)	solicit, accept or agree to accept or to have ever solicited, accepted or agreed to accept anything of substantial value from any person when the license holder or applicant knows, or a reasonable person could construe, that the conferment of the thing of value is for the purpose of influencing the license holder or the applicant’s professional judgment or performance of professional duties;

15.02	(9)	fail or to have ever failed to conduct financial transactions relating to the school program in a manner consistent with applicable law, rule or regulation;

15.02	(10)	engage or to have ever engaged in immoral conduct that affects the health, safety or welfare of children, conduct that offends the morals of the community or conduct that sets an inappropriate example for children or youth whose ideals the educator is expected to foster and elevate; or

15.02	(11)	engage or to have ever engaged in unlawful distribution or sale of dangerous or unauthorized prescription drugs, or other dangerous nonprescription substances, alcohol or tobacco.