C.R.S. § 22-32.5-101 Short title
22-32.5-101. Short title. This article shall be known and may be cited as the "Innovation Schools Act of 2008".
Innovation Schools and Innovation School Zones Within School Districts
C.R.S. tit. 22, art. 32.5
in effectC.R.S. § 22-32.5-102 Legislative declaration
22-32.5-102. Legislative declaration. (1) The general assembly hereby finds that:
(a) The constitutional provisions regarding the public education system direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;
(b) The constitution's requirement that each school district board of education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;
(c) In tailoring the delivery of educational services, it is also important that the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;
(d) To further the goals of high-quality public education throughout the state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and
(e) While the ultimate responsibility for controlling the instruction in public schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.
(2) The general assembly therefore finds that it is in the best interests of the people of Colorado to enact the "Innovation Schools Act of 2008" to achieve the following purposes:
(a) To grant to Colorado's school districts and public schools greater ability to meet the educational needs of a diverse and constantly changing student population;
(b) To encourage intentionally diverse approaches to learning and education within individual school districts;
(c) To improve educational performance through greater individual school autonomy and managerial flexibility;
(d) To encourage school districts, where appropriate, to create and manage a portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;
(e) To encourage innovation in education by providing local school communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;
(f) To encourage school districts and public schools to find new ways to allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and
(g) To hold public schools that receive greater autonomy under this article accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.
(3) The general assembly further declares that:
budgets, for the benefit of the students they serve; and
(g) To hold public schools that receive greater autonomy under this article accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.
(3) The general assembly further declares that:
(a) Since the "Innovation Schools Act of 2008" was passed, innovations have been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;
(b) The cornerstone of innovation work is empowering educators and families to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;
(c) The "Innovation Schools Act of 2008" identifies areas of innovation that schools are encouraged to explore, including innovations in governance;
(d) Local school boards and innovation school zones have implemented alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;
(e) Innovation schools were designed as an opportunity for schools that operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;
(f) If disputes arise between an innovation school zone as a whole, or a school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and
(g) The dispute resolution process described in this article 32.5 is modeled from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.
C.R.S. § 22-32.5-103 Definitions
22-32.5-103. Definitions. As used in this article 32.5, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of education appointed by the state board of education pursuant to section 22-2-110.
(1.5) "Community school" means a public school that implements the following:
(a) An annual asset and needs assessment of and by both the school and the community that engages at least seventy-five percent of families, students, and educators in the community;
(b) A strategic plan that includes the creation of problem-solving teams who are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;
(c) A process to engage partners who bring assets and expertise to implement the school's goals; and
(d) A community school coordinator who is a school staff member at the community school site and who:
(I) Has the primary responsibility to facilitate the problem-solving teams implemented pursuant to subsection (1.5)(b) of this section; and
(II) In consultation with school leadership, shall assemble relevant stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.
(1.7) "Department" means the department of education created in section 24-1-115.
(2) "District of innovation" means a school district that is designated as a district of innovation pursuant to section 22-32.5-107.
(3) "Innovation school" means a school in which a local school board implements an innovation plan pursuant to section 22-32.5-104.
(4) "Innovation school zone" means a group of schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.
(4.5) "Innovation school zone with alternative governance" means an innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.
(5) "Local school board" means the board of education of a school district.
(5.5) "Neutral third party" means a trained individual who assists disputants in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.
(6) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-32.5-104 Innovation plans - submission - contents
22-32.5-104. Innovation plans - submission - contents. (1) (a) A public school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.
(b) A local school board shall receive and review each innovation plan or plan for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.
(c) If the local school board rejects the plan, it shall provide to the public school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.
(d) If the local school board approves the plan, it may proceed to seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.
(2) A local school board may initiate and collaborate with one or more public schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.
(3) Each innovation plan, whether submitted by a public school or created by a local school board through collaboration between the local school board and a public school, must include the following information:
(a) A statement of the public school's mission and why designation as an innovation school would enhance the school's ability to achieve its mission;
(b) A description of the innovations the public school would implement, which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;
(c) A listing of the programs, policies, or operational documents within the public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:
(I) The research-based educational program the public school would implement;
(II) The length of school day and school year at the public school;
(III) The student promotion and graduation policies to be implemented at the public school;
(IV) The public school's assessment plan;
(V) The proposed budget for the public school; and
(VI) The proposed staffing plan for the public school.
ited to:
(I) The research-based educational program the public school would implement;
(II) The length of school day and school year at the public school;
(III) The student promotion and graduation policies to be implemented at the public school;
(IV) The public school's assessment plan;
(V) The proposed budget for the public school; and
(VI) The proposed staffing plan for the public school.
(d) An identification of the improvements in academic performance that the public school expects to achieve in implementing the innovations;
(e) An estimate of the cost savings and increased efficiencies, if any, the public school expects to achieve in implementing its identified innovations;
(f) Evidence that a majority of the administrators employed at the public school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;
(g) A statement of the level of support for designation as an innovation school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;
(h) A description of any statutory sections included in this title or any regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;
(i) A description of any provision of the collective bargaining agreement in effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and
(j) Any additional information required by the local school board of the school district in which the innovation plan would be implemented.
(4) Each plan for creating an innovation school zone, whether submitted by a group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:
(a) A description of how innovations in the public schools in the school innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;
(b) An estimate of any economies of scale that would be achieved by innovations implemented jointly by the public schools within the innovation school zone;
(c) Evidence that a majority of the administrators and a majority of the teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and
e public schools within the innovation school zone;
(c) Evidence that a majority of the administrators and a majority of the teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and
(d) A statement of the level of support for creating an innovation school zone demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.
(5) A group of schools that submits a plan to create an innovation school zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:
(a) An explanation of how alternative governance will help achieve the vision and goals of the group of schools in a school district;
(b) A description of the organization and the organization's governing board and governance structure;
(c) A description of the roles and duties of the organization's governing board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;
(d) A description of the zone staffing structure and management the organization would provide;
(e) A description of how funds will be used to achieve the mission and academic performance of the innovation plan;
(f) A description of where an easily accessible link to the federal form 990, 990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;
(g) A description of the terms under and process by which a school within an innovation school zone may elect to leave the innovation school zone; and
(h) A description of the method the school district will use for determining the cost of services and a corresponding financial agreement with the innovation school zone.
C.R.S. § 22-32.5-105 Suggested innovations
22-32.5-105. Suggested innovations. (1) In considering or creating an innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:
(a) Curriculum and academic standards and assessments;
(b) Accountability measures, including but not limited to expanding the use of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:
(I) Use of graduation or exit examinations;
(II) Use of end-of-course examinations;
(III) Use of student portfolio reviews;
(IV) Use of national and international accountability measures such as the national assessment of educational progress and the program for international student assessment;
(V) Measuring the percentage of students continuing into higher education; and
(VI) Measuring the percentage of students simultaneously obtaining a high school diploma and an associate's degree or a career and technical education certificate.
(c) Provision of services, including but not limited to special education services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;
(d) Teacher recruitment, training, preparation, and professional development;
(e) Teacher employment;
(f) Performance expectations and evaluation procedures for teachers and principals;
(g) Compensation for teachers, principals, and other school building personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;
(h) School governance and the roles, responsibilities, and expectations of principals in innovation schools or schools within an innovation school zone; and
(i) Preparation and counseling of students for transition to higher education or the work force.
C.R.S. § 22-32.5-106 Innovation planning - financial support
22-32.5-106. Innovation planning - financial support. Each public school and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.
C.R.S. § 22-32.5-107 District of innovation - designation
22-32.5-107. District of innovation - designation. (1) Each local school board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.
(2) A local school board that seeks designation as a district of innovation shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.
(3) (a) Within sixty days after receiving a local school board's innovation plan or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:
(I) Is likely to enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones; and
(II) Is fiscally feasible.
(b) If the state board does not designate a school district as a district of innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.
(4) It is the intent of the general assembly that the department of education receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.
C.R.S. § 22-32.5-108 District of innovation - waiver of statutory and regulatory requirements
22-32.5-108. District of innovation - waiver of statutory and regulatory requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:
(a) Any statutes specified in section 22-2-117 (1)(b);
(b) Any provision of article 64 of this title; or
(c) Any statutes that are not included in this title, including but not limited to article 51 of title 24, C.R.S.
(2) Each district of innovation continues to be subject to all statutes and rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:
(a) The state assessment requirements specified in section 22-7-1006.3;
(b) Article 11 of this title; and
(c) The requirements of the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq.
(3) Designation as a district of innovation must not affect a school district's:
(a) Total program funding calculated pursuant to the "Public School Finance Act of 2025", article 54 of this title 22; or
(b) Eligibility for funding under, or the amount received through, a categorical program, as defined in section 22-55-102 (4).
(4) Each district of innovation that receives a waiver pursuant to this section shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.
(5) (a) If the local school board for a district of innovation revises an innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.
(b) Except as otherwise provided in paragraph (a) of this subsection (5), a waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.
C.R.S. § 22-32.5-109 District of innovation - collective bargaining agreements
22-32.5-109. District of innovation - collective bargaining agreements. (1) (a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.
(b) For an innovation school, waiver of one or more of the provisions of the collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.
(c) For an innovation school zone, waiver of one or more of the provisions of the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.
(d) If a local school board, in collaboration with the innovation school or the public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.
(e) Except as otherwise provided in paragraph (d) of this subsection (1), waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.
(2) A district of innovation shall not be required to seek a waiver by an innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.
a waiver by an innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.
(3) A person who is a member of the collective bargaining unit and is employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the person's request.
C.R.S. § 22-32.5-110 District of innovation - review of innovation schools and innovation school zones
22-32.5-110. District of innovation - review of innovation schools and innovation school zones. (1) (a) Three years after the local school board of a district of innovation approves an innovation plan or a plan for creating an innovation school zone, and every three years thereafter, the local school board shall review the level of performance of the innovation school and each public school included in the innovation school zone and determine whether the innovation school or innovation school zone is achieving or making adequate progress toward achieving the academic performance results identified in the school's or zone's innovation plan. The local school board, in collaboration with the innovation school or the innovation school zone, may revise the innovation plan, including but not limited to revising the identification of the provisions of the collective bargaining agreement that need to be waived to implement the innovations, as necessary to improve or continue to improve academic performance at the innovation school or innovation school zone. Any revisions to the innovation plan require the consent of a majority of the teachers and a majority of the administrators employed at, and a majority of the school accountability committee for, each affected public school.
(b) When a vote is required as described in subsection (1)(a) of this section and concerns consent for an innovation plan revision in an innovation school zone with alternative governance as a whole, or a school within the innovation school zone with alternative governance, the vote must occur within thirty days. Within the thirty-day time frame or if approval is not secured, the initial innovation plan must remain in effect.
(2) (a) Following review of an innovation school's performance, if a local school board finds that the academic performance of students enrolled in the innovation school is not improving at a sufficient rate, the local school board may revoke the school's innovation status.
(b) Following review of the performance of an innovation school zone, if a local school board finds that the academic performance of students enrolled in one or more of the public schools included in the innovation school zone is not improving at a sufficient rate, the local school board may remove the underperforming public school or schools from the innovation school zone or may revoke the designation of the innovation school zone.
(c) Consistent with subsections (2)(a) and (2)(b) of this section, if a local school board votes either to revoke the innovation status of an innovation school zone with alternative governance, or of a school within the innovation school zone with alternative governance, or to remove a school within the innovation school zone with alternative governance from the innovation school zone based on the insufficient academic progress of the students enrolled in the innovation school zone with alternative governance, the innovation school zone with alternative governance may submit a written request to the state board and commissioner of education to review and comment on the local school board's determination. Within sixty days after the written request is submitted, the state board shall hold a public hearing to receive presentations from the parties and shall issue comments and recommendations for the consideration of the local school board regarding the local school board's determination. The local school board shall include a discussion of the state board's comments and recommendations on the agenda for the local school board's regular voting meeting after the comments and recommendations are received or on the agenda for the second regular voting meeting after the comments and recommendations are received if the local school board receives the comments and recommendations less than fifteen days before the next regular voting meeting.
(3) Repealed.
comments and recommendations on the agenda for the local school board's regular voting meeting after the comments and recommendations are received or on the agenda for the second regular voting meeting after the comments and recommendations are received if the local school board receives the comments and recommendations less than fifteen days before the next regular voting meeting.
(3) Repealed.
(4) The local school board shall review the level of performance of an innovation school zone with alternative governance and each school within the innovation school zone at the same time.
C.R.S. § 22-32.5-110.5 Dispute resolution - innovation school zones with alternative governance
22-32.5-110.5. Dispute resolution - innovation school zones with alternative governance. (1) The local school board and an innovation school zone with alternative governance as a whole, or a school within the innovation school zone with alternative governance, shall use a dispute resolution process to resolve disagreements regarding the administration of the innovation plan. In the event of a dispute, the parties of the dispute shall make every effort to reach a resolution, and the innovation school zone shall continue to operate under the innovation plan until the conclusion of the dispute resolution process, regardless of the revision timeline described in section 22-32.5-110. The dispute resolution process may be used if the local school board, the innovation school zone as a whole, or a school within the innovation school zone violates the terms of the approved innovation school plan or innovation school zone plan or a mutually agreed upon written agreement, including, but not limited to, a written financial agreement.
(2) A neutral third party must conduct the dispute resolution. The department shall create a list of neutral third parties who have experience with and an understanding of this article 32.5. The department shall create and maintain the list of neutral third parties and make the list available on the department's website.
(3) (a) The local school board and innovation school zone with alternative governance as a whole, or a school within the innovation school zone, shall submit concerns regarding disagreements in writing to the superintendent, or the superintendent's designee, and shall make a good faith effort to reach a resolution concerning a disagreement as described in subsection (1) of this section.
(b) If an agreement is not reached, the local school board or the innovation school zone with alternative governance as a whole, or a school within the innovation school zone, may initiate a dispute resolution process as follows:
(I) The local school board, the innovation school zone as a whole, or a school within the innovation school zone may initiate dispute resolution through a written notice to the other party and the state board of an intent to invoke the dispute resolution process pursuant to this section. Written notice must include, at a minimum, a brief description of the matter in dispute and the scope of the disagreement between the parties.
(II) Within fifteen business days after receipt of the written notice described in subsection (3)(b)(I) of this section, the local school board and the innovation school zone must agree to use a dispute resolution process to resolve the dispute; except that any form of dispute resolution that the parties choose must result in written findings by a neutral third party within sixty calendar days after receipt of written notice pursuant to subsection (3)(b)(I) of this section;
(III) The local school board and innovation school zone shall agree to a neutral third party to conduct the dispute resolution. The local school board and innovation school zone shall select a neutral third party from the list of neutral third parties created by the department pursuant to subsection (2) of this section.
(IV) The neutral third party shall accept evidence and arguments from the parties as part of the deliberative process and shall issue written findings and a determination within sixty calendar days after receipt of the written notice pursuant to subsection (3)(b)(I) of this section;
(V) To arrive at the written findings and determination, the neutral third party shall consider, at a minimum:
(A) The academic interests of the students;
(B) The fulfillment of the purposes of this article 32.5; and
(C) Stipulations between the parties;
findings and a determination within sixty calendar days after receipt of the written notice pursuant to subsection (3)(b)(I) of this section;
(V) To arrive at the written findings and determination, the neutral third party shall consider, at a minimum:
(A) The academic interests of the students;
(B) The fulfillment of the purposes of this article 32.5; and
(C) Stipulations between the parties;
(VI) The neutral third party shall apportion between the local school board and the organization that manages the innovation school zone all costs reasonably related to the mutually agreed upon dispute resolution process. The neutral third party shall not apportion any cost to a school within the innovation school zone.
(VII) Upon completion of the dispute resolution process, the written findings and determination of the neutral third party must be submitted to the parties as a recommendation.
(4) Resolution of a dispute arising pursuant to subsection (1) of this section must not include changes to the terms of the innovation plan that are not directly impacted by the issue that is the subject of the dispute.
C.R.S. § 22-32.5-111 Reporting
22-32.5-111. Reporting. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before March 1, 2010, and on or before March 1 each year thereafter, the commissioner and the state board shall submit to the governor and to the education committees of the senate and the house of representatives, or any successor committees, a report concerning the districts of innovation. At a minimum, the report shall include:
(a) The number of school districts designated as districts of innovation in the preceding academic year and the total number of districts of innovation in the state;
(b) The number of innovation schools and the number of innovation school zones, including the number of schools in the zone, in each district of innovation and the number of students served in the innovation schools and innovation school zones, expressed as a total number and as a percentage of the students enrolled in the district of innovation;
(c) An overview of the innovations implemented in the innovation schools and the innovation school zones in the districts of innovation;
(d) An overview of the academic performance of the students served in innovation schools and innovation school zones in each district of innovation, including a comparison between the students' academic performance before and since implementation of the innovations;
(e) Any recommendations for legislative changes based on the innovations implemented or to further enhance the ability of local school boards to implement innovations; and
(f) Any additional information requested by the governor or a member of the general assembly.
(2) The commissioner shall ensure that the annual report submitted pursuant to this section is promptly posted on the department of education website.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-22.docxFetched: 10/6/2026