Colorado § 22-9-109 Exemption from public inspection - definition

Colorado Statutes

§ 22-9-109 — Exemption from public inspection - definition

Colorado·Title 22 Education·Art. Licensed Personnel Evaluations

(1)Notwithstanding section 24-72-204 (3), an evaluation report and all public records, as defined in section 24-72-202, that are used in preparing the evaluation report are confidential and are available only to an educator being evaluated, to the duly elected and appointed public officials who supervise the educator's work, and to a hearing officer conducting a hearing pursuant to section 22-63-302 or the court of appeals reviewing a decision of the local board of education pursuant to section 22-63-302; except that:

(a)The evaluation report of the chief executive officer of any school district, as it relates to the performance of the chief executive officer in fulfilling the adopted school district objectives, fiscal management of the district, district planning responsibili

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(1)
Notwithstanding section 24-72-204 (3), an evaluation report and all public records,
as defined in section 24-72-202, that are used in preparing the evaluation report
are confidential and are available only to an educator being evaluated, to the duly
elected and appointed public officials who supervise the educator's work, and to a
hearing officer conducting a hearing pursuant to section 22-63-302 or the court of
appeals reviewing a decision of the local board of education pursuant to section 22-63-302; except that:

(a) The evaluation report of the chief executive officer of any school district,
as it relates to the performance of the chief executive officer in fulfilling the
adopted school district objectives, fiscal management of the district, district
planning responsibilities, and supervision and evaluation of district personnel, must
be open for inspection by any person at reasonable times; and

(b) Evaluation reports and all public records as defined in section 24-72-202
(6), C.R.S., used in preparing the evaluation reports are available to individuals
responsible for reviewing an appeal made by a nonprobationary teacher pursuant to
section 22-9-106 (4.5)(b).

(1.5) As used in subsection (1) of this section, educator means a teacher,
principal, administrator, special services provider, and an education support
professional, as defined in section 22-2-502.

(2) Nothing in this section shall prevent a school district or a board of
cooperative services from collecting information concerning an individual
educator's performance evaluation ratings and student assessment results linked
to the individual educator. A school district or board of cooperative services may
use the information collected to fulfill its duties as required by law, including
reporting this information in the aggregate at the state, district, or school level. In
such instances, the identity of individual educators or students, including but not
limited to student assessments results linked to the individual educator, must
otherwise remain confidential and must not be published or publicly disclosed in
any way that would identify an individual educator.

(3) Nothing in this section shall prevent the use of data collected by the
department for bona fide research, when the data is obtained pursuant to the
department's protocols for release of data for research purposes and is used in a
manner that protects the identity of individual educators and adheres to the
applicable provisions of the federal Family Educational Rights and Privacy Act of
1974, 20 U.S.C. sec. 1232g.

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Legislative History

Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 58, � 1, effective August 21. L. 90: Entire section amended, p. 1129, � 4, effective July 1. L. 2000: Entire section amended, p. 1854, � 49, effective August 2. L. 2013: Entire section amended, (HB 13-1220), ch. 163, p. 522, � 1, effective May 3. L. 2024: IP(1) amended and (1.5) added, (SB 24-132), ch. 106, p. 332, � 1, effective August 7; (3) amended, (HB 24-1450), ch. 490, p. 3414, � 35, effective August 7.