SecondSB149_S_SA.001 RegularNOT SessionAMENDED Seventy-secondSENATE GeneralCOMMITTEE AssemblyOF STATEREFERENCE OFREPORT COLORADO_______________________________ INTRODUCEDFebruary LLS12, NO.2020 Chair of Committee Date Committee on State, Veterans, & Military Affairs After consideration on the merits, the Committee recommends the following:

20-0630.01SB20-149 Juliebe Pelegrinpostponed x2700indefinitely. SENATE BILL 20-149 SENATE SPONSORSHIP Crowder, HOUSE SPONSORSHIP Pelton, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING AUTOMATIC WAIVERS OF LAW FOR RURAL SCHOOL DISTRICTS .

Bill** Summary*** (Note:** *** ** *SB149_S_SA.001*

This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill directs the state board of education (state board) to identifybyrulealistof statutesandrulesforwhicha rural school district boardofeducation(localboard)mayinvokeanautomaticwaiver.Alocal board may invoke an automatic waiver by adopting a resolution and transmitting the resolution to the state board and the commissioner of education.Thelocalboardmayinvoketheautomaticwaiveronbehalf of Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

theentireruralschooldistrict or for one or more identifiedschoolsof the district.

An automatic waiver remains in effect until revoked bythe local board through adoption of a resolution.

A rural school district that invokes an automatic waiver must identify the automatic waiver on its website and, starting July 1, 2021, provide a standardized description of and rationale for each automatic waiver of statute and the contact informationforaschooldistrictemployeewhocanexplaintheautomatic waiver.

The department of education, working with a statewide association that represents school districts, must adopt standardized descriptions of and rationales for each of the statutes included on the list of automatic waivers forruralschooldistrictsadoptedbythestateboard.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

In Colorado Revised Statutes, 22-2-117, amend (3)(a) introductory portion;

and add (7) as follows:

22-2-117.

Additional power - state board - waiver of requirements - automatic waivers - rules - definition.

(3) (a) Any E XCEPTASOTHERWISEPROVIDEDINSUBSECTION (7)(dOFTHISSECTION , A waiver made pursuant to the provisions of this section shall continue CONTINUES until such time as:

(7) (a) TE STATE BOARD SHALL PROMULGATE RULES THAT LIST THE STATUTES AND RULES FOR WHICH A RURAL SCHOOL DISTRICT MAY INVOKE AN AUTOMATIC WAIVER AS PROVIDEDINTHISSUBSECTION (7).N IDENTIFYING THE AUTOMATIC WAIVERS FOR RURAL SCHOOL DISTRICTS , THE STATE BOARD SHALL CONSIDER THE OVERALL IMPACT AND COMPLEXITY OF THE REQUIREMENTS SPECIFIED IN THE STATUTE OR RULE AND THE POTENTIAL CONSEQUENCES THAT WAIVING THE STATUTE OR RULE MAY HAVE ON THE PRACTICES OF A RURAL SCHOOL DISTRICT OR INDIVIDUAL SCHOOL .

T HE STATE BOARD SHALL ALSO TAKE INTO CONSIDERATION THE STATUTES AND RULES FOR WHICH RURAL SCHOOL DISTRICTSMOSTOFTENREQUESTWAIVERSPURSUANTTOSUBSECTIONS (1) -2- SB20-149 AND (2)OFTHISSECTION.THESTATEBOARDMAYREVIEWANDREVISETHE LIST OF AUTOMATIC WAIVERS FOR RURAL SCHOOL DISTRICTS PERIODICALLY.N OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7)(a)TO THE CONTRARY ,THE STATE BOARD SHALL NOT INCLUDE THE FOLLOWING STATUTES ON THE LIST OF AUTOMATIC WAIVERS FOR RURAL SCHOOL DISTRICTS:

(I) SECTION 22-9-106, CONCERNING THE PERFORMANCE EVALUATION SYSTEM FOR LICENSED PERSONNEL ;

(II) SECTION22-32-109 (1)(b)CONCERNING PROCEDURES FOR COMPETITIVEBIDDINGINTHEPURCHASEOFGOODSANDSERVICES EXCEPT PROFESSIONAL SERVICES;

(III) SECTION 22-32-109 (1)(n),CONCERNING THE ANNUAL SCHOOL CALENDAR AND TEACHER -PUPIL CONTACT HOURS;

(IV) S ECTION 22-32-110 (1)(y)CONCERNING THE POWER TO ACCEPT AND EXPEND GIFTS,DONATIONS ,OR GRANTS;

(V) P ART 2OF ARTICLE 63OF THIS TITLE22,CONCERNING THE EMPLOYMENT OF LICENSED PERSONNEL ;AND (VI) A REQUIREMENT SPECIFIED IN A STATUTE LISTED IN SUBSECTION (1)(b)OR(1.5)OF THIS SECTIO.

(b) NOTWITHSTANDING ANY PROVISION OF SUBSECTION (1), (2), (5),OR (6)OF THIS SECTION,THE RURAL SCHOOL DISTRICT BOARD OF EDUCATION ,FOR THE ENTIRE RURAL SCHOOL DISTRICT OR ON BEHALF OF ONEORMORESCHOOLSOFTHERURALSCHOOLDISTRICT ,MAYINVOKETHE AUTOMATIC WAIVER OF A STATUTE OR RULE SPECIFIED BY THE STATE BOARD PURSUANT TO SUBSECTION (7)(aOF THIS SECTION BY ADOPTING ARESOLUTION ,ATAREGULARORSPECIALLYHELDPUBLICMEETING THAT EXPLAINS WHY THE BOARD OF EDUCATION IS INVOKING THE WAIVER AND -3- SB20-149 WHETHER THE WAIVER APPLIES TO THE ENTIRE RURAL SCHOOL DISTRICT OR TO SELECTED SCHOOLS OFTHE RURALSCHOOLDISTRICT IDENTIFIED IN THE RESOLUTION .

THE BOARD OF EDUCATION SHALL TRANSMIT THE ADOPTED RESOLUTION TO THE STATE BOARD AND THE COMMISSIONER.

(c) T HE PROVISIONS OF SUBSECTION (1)(cOF THIS SECTION CONCERNING A REQUEST FOR A WAIVER BY A PRINCIPAL OF A SCHOOL OF ASCHOOLDISTRICTTHATISNOTACHARTERSCHOOLAPPLYTOAREQUEST BY A PRINCIPAL FOR AN AUTOMATIC WAIVER PURSUANT TO THIS SUBSECTION (7).

(d) AN AUTOMATIC WAIVER INVOKED BY A RURAL SCHOOL DISTRICT BOARD OF EDUCATION PURSUANT TO THIS SUBSECTION (7) CONTINUESINEFFECTUNTILREVOKEDBYARESOLUTIONADOPTEDBYTHE RURALSCHOOLDISTRICTBOARDOFEDUCATIONANDTRANSMITTEDTOTHE STATE BOARD AND THE COMMISSIONER .

(e) THE PROVISIONS OF THIS SUBSECTI(7)DO NOT AUTHORIZE A RURAL SCHOOL DISTRICT BOARD OF EDUCATION TO INVOKE AN AUTOMATICWAIVERONBEHALFOF ,ORAPPLYANAUTOMATICWAIVERTO , ACHARTERSCHOOLOFTHERURALSCHOOLDISTRICT .ACHARTERSCHOOL OF A RURAL SCHOOL DISTRICT IS SUBJECT TO THE AUTOMATIC WAIVER PROVISIONSSPECIFIEDINSECTIONS22-30.5-104(6)AND 22-30.5-105(3).

(f) AS USED IN THIS SUBSECTI(7), RURAL SCHOOL DISTRIC" MEANS A SCHOOL DISTRICT IN C OLORADO THAT THE DEPARTMENT DETERMINES IS RURAL,BASED ON THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICTANDTHEDISTANCEOFTHESCHOOLDISTRICTFROMTHENEAREST LARGE ,URBANIZED AREA.

SECTION 2.

In Colorado Revised Statutes, 22-44-305, amend (1)(b) and (1)(c);

and add (2.5) as follows:

-4- SB20-149 22-44-305.

Waivers of state statute - reporting.

(1) (b) Commencing July 1, 2018, each FOR CHARTER SCHOOLS AND COMMENCING JULY 1, 2021,FOR RURAL SCHOOL DISTRICTS,AS DEFINED INSECTION 22-2-117(7),EACHRURALSCHOOLDISTRICTANDEACH charter school shall post, inalocationandformatthatcanbeeasilyaccessedand downloaded, for free public access on its website the standardized descriptionandrationalecreatedpursuanttosubsection(2)ofthissection for each of the automatic waivers that it invokes.

Each SCHOOL DISTRICT AND EACH charter school shall post with the list of automatic waivers the name of and contact information for a person employed by the RURAL SCHOOL DISTRICT OR charter school and available during regular school hours who can provideadditionalinformation concerning the RURAL SCHOOL DISTRICT'S ORcharter school's automatic waivers.

(c) In listing its waivers, a school district,NG A RURAL SCHOOL DISTRICT , shall includAUTOMATIC WAIVERS ,IF APPLICABLE, INVOKED BY AND waivers granted to the school district as a whole and AUTOMATICWAIVERS ,IFAPPLICABLE INVOKEDFORAND waiversgranted to one or more schools of the school district, other than a charter school.

The school district shall list separately eachMATIC WAIVER ,IF APPLICABLE ,INVOKEDFORAND waivergrantedtoaninnovationschoolor to schools in an innovation school zone, as defined in section 22-32.5-103.