The State Board of Education’s authority to approve rules is governed by both the Administrative Procedures Act and the State Board’s Operating Procedures. Typically, a minimum of four months (6 to 8 months is more common) is required to establish new State Board rules or revise existing rules. Below you will find a timeline mapping the various steps of the rulemaking process. These processes are specifically designed for the Rules for Administration of the Colorado Educator Licensing Act of 1991 (1 CCR 301-37) and Rules for the Administration of Educator License Endorsements (1 CCR 301-101). Also provided is a list of the various activities that must be completed before new rules, endorsements, or rule revisions are ready to be presented to the State Board along with links to required forms.
State Board of Education Rulemaking Timeline
Step One: Approval to Begin Drafting Rules
- Prior to drafting rules, approval is obtained from CDE supervisor and Executive Team. See Rules Revision Request Process section below for more details on how to obtain CDE approval.
- CDE staff work with CDE rulemaking support team to develop schedule.
- CDE rulemaking support team works with State Board of Education to inform/answer questions/seek guidance.
Step Two: Rules Drafted
- It may require 1-2 months for required collaboration with appropriate internal and external stakeholders to draft new rules or revisions.
- Draft rules are reviewed by program staff, immediate supervisor, and supervising member of Executive Team.
- Draft rules are shared with Executive Team 1-2 weeks before being submitted to SBE.
Step Three: Notice of Rulemaking Hearing
- After draft rules are presented to SBE, SBE approves a Notice of Rulemaking Hearing.
- Hereafter, comments on rules should be submitted in writing to the SBE.
- Notice is filed with Secretary of State and DORA; hearing is scheduled at least 20 days after publication of notice.
- CDE complies with Executive Order 2011-05 notice requirements, if necessary.
Step Four: Rulemaking Hearing
- 1-2 months after the notice is approved, SBE holds public hearing.
- Members of the public may testify before SBE.
- CDE staff present to provide background and answer questions.
- SBE may opt to hold more than one hearing.
Step Five: State Board Votes to Approve Rules
- Unless the SBE unanimously agrees to vote earlier, SBE votes to approve rules at their meeting following the public hearing.
- Members of the public should be encouraged to submit written comments no later than 1 week prior to SBE vote.
Step Six: Attorney General Reviews Rules
- The Attorney General reviews the rules that have been approved and issues an opinion.
Step Seven: Rules Filed with SOS and Legislature
- The final rules are filed with the Secretary of State for publication.
- The rules also are submitted to the General Assembly to be reviewed by the Legal Services Committee.
Step Eight: Rules Are Effective
- The final rules become effective 20 days after publication.