C.R.S. § 22-2-101 Short title
22-2-101. Short title. This part 1 shall be known and may be cited as the "State Department of Education Act of 1964".
Department - Commissioner
C.R.S. tit. 22, art. 2
in effectC.R.S. § 22-2-102 Definitions
22-2-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Commissioner of education" or "commissioner" means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution.
(2) "Department of education" or "department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(3) "Nonpublic school" means a school organized and maintained by a recognized religious or independent association performing an academic function.
(4) "Public school" means a school maintained and operated by a school district.
(4.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5).
(5) "State board of education" or "state board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-2-103 Department of education
22-2-103. Department of education. (1) The department of education shall include the following:
(a) The state board of education;
(b) The commissioner of education, assistant commissioners of education, and other officers and employees of the department;
(c) The state library, created in section 24-90-104, C.R.S.;
(d) The Colorado school for the deaf and the blind, as provided for in article 80 of this title;
(e) The state charter school institute established in section 22-30.5-503;
(f) The division of online learning established in section 22-30.7-103;
(g) The office of facility schools created in section 22-2-403;
(h) The facility schools board created in section 22-2-404;
(i) The Colorado state advisory council for parent involvement in education created in section 22-7-303;
(j) The office of dropout prevention and student re-engagement created in section 22-14-103; and
(k) The concurrent enrollment advisory board created in section 22-35-107.
C.R.S. § 22-2-104 Offices and positions - nature
22-2-104. Offices and positions - nature. (1) As a matter of legislative determination, the offices of commissioner of education, assistant commissioners of education, and all positions of employment classified by the board as director, consultant, supervisor, or instructor are declared to be educational in nature and administrators of the department and not under the state personnel system in accordance with section 13 (2)(a)(VII) of article XII of the state constitution. The board may authorize the commissioner, as its designee, to classify positions of employment pursuant to this section.
(2) Any employee holding a position that was exempt from the state personnel system prior to January 1, 2017, may remain exempt from the state personnel system so long as the employee continues to hold that position.
(3) The board or the commissioner, as the designee of the board, shall determine which positions in the department meet the criteria set forth in subsection (1) of this section; except that a position shall not be determined to be exempt while it is held by an employee in the state personnel system.
(4) No later than December 31, 2017, and no later than December 31 of each year thereafter, the commissioner shall submit a report to the state personnel director, in the form prescribed by the director, listing all positions in the department that are exempt from the state personnel system in accordance with this section.
C.R.S. § 22-2-105 State board of education - composition
22-2-105. State board of education - composition. (1) The state board of education consists of one member elected from each congressional district in the state and, if the total number of congressional districts of the state is an even number, one member elected from the state at large. The members of the state board of education serving on April 30, 1982, shall continue to serve the terms for which they were elected. At the general election held in 1982, one member shall be elected from the second congressional district for a six-year term, one member shall be elected from the fourth congressional district for a six-year term, one member shall be elected from the fifth congressional district for a four-year term, and one member shall be elected from the state at large for a six-year term, all such terms commencing on the second Tuesday in January 1983. At the general election held in 1984, one member shall be elected from the first congressional district for a six-year term, and one member shall be elected from the third congressional district for a six-year term, all such terms commencing on the second Tuesday in January 1985. At the general election held in 1986, one member shall be elected from the fifth congressional district for a six-year term, and one member shall be elected from the sixth congressional district for a six-year term, all such terms commencing on the second Tuesday in January 1987. At the general election held in 2002, one member shall be elected from the seventh congressional district for a six-year term commencing on the second Tuesday in January 2003. At the general election held in 2022, one member shall be elected from the eighth congressional district for a two-year term, and one member shall be elected from the state at large for a six-year term, both terms commencing on the second Tuesday in January 2023.
(2) The member of the state board from each congressional district of the state shall be nominated and elected by the registered electors of such district in the same manner as members of the house of representatives of the congress of the United States are nominated and elected. Each member from a congressional district shall be a registered elector of such district. If the total number of congressional districts of the state is an even number, the additional member of the board shall be nominated and elected at large in the same manner as state officers are nominated and elected. If the total number of congressional districts changes to an odd number during the term of the member elected at large, such member shall be permitted to continue serving on the state board until the expiration of his or her term.
(3) Except as provided in subsection (1) of this section, members shall be elected for terms of six years. They shall serve without compensation but shall be reimbursed for any necessary expenses incurred by them in the performance of their duties as members.
(3.5) Any member of the state board who was elected to office as a resident of a designated congressional district, and who no longer resides in such congressional district solely because of a change made to the boundaries of such district pursuant to sections 44 to 44.6 of article V of the state constitution, is eligible to hold office for the remainder of the term for which the member was elected, notwithstanding such nonresidency.
(4) The state board shall elect from its own membership a chairman and a vice-chairman who shall hold office for terms of two years. The commissioner shall act as secretary to the state board. The state board shall meet at least quarterly and at such other times as may be necessary, upon call of the chairman or the commissioner or by a majority of its members.
(5) If the total number of congressional districts changes to an odd number during the term of the member elected at large, a vacancy of such member's seat shall not be filled by the state board.
as secretary to the state board. The state board shall meet at least quarterly and at such other times as may be necessary, upon call of the chairman or the commissioner or by a majority of its members.
(5) If the total number of congressional districts changes to an odd number during the term of the member elected at large, a vacancy of such member's seat shall not be filled by the state board.
(6) For any board member elected on or after May 22, 2008, during his or her term of office, a member of the state board shall not be a member of the general assembly; an officer, employee, or board member of a school district or charter school in the state; an officer, employee, or board member of the state charter school institute or the institute board; or an employee of the state board or the department of education.
C.R.S. § 22-2-105.5 State board of education - definitions - vacancies - procedure for filling
22-2-105.5. State board of education - definitions - vacancies - procedure for filling. (1) As used in this section:
(a) "Party congressional central committee" means the committee established pursuant to section 1-3-103 (3), C.R.S.
(b) "State central committee" means the committee established pursuant to section 1-3-103 (2), C.R.S.
(2) Any vacancy occurring on the state board that may occur by reason of death, removal, or resignation from office, or removal from the district from which elected, or when a board member is elected, qualified, and takes office for another state office, shall be filled as provided in this section. Any member selected to fill a vacancy pursuant to this section shall serve until the next regular election providing such appointee is subject to the qualifications set forth by law.
(3) (a) Any vacancy occurring on the state board, other than a vacancy in a seat filled by a member elected from the state at large, shall be filled by the vacancy committee of the party congressional central committee of the same political party as the vacating board member for the congressional district represented by the vacating board member. For purposes of this section, in selecting the members of a vacancy committee, the central committee of a jurisdiction shall select, at a minimum, the members of the jurisdiction's central committee. If no vacancy committee of the party congressional central committee exists, the party congressional central committee shall perform the functions of the vacancy committee.
(b) If the vacating board member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party.
(c) If the vacating member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the vacating board member's petition for nomination pursuant to section 1-4-802 (1)(e), C.R.S.
(4) (a) The vacancy committee identified in subsection (3) of this section, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who possesses the qualifications for a member of the state board and who is affiliated with the same political party or minor political party, if any, of the vacating board member, as shown on the registration books of the county clerk and recorder.
(b) At least six days prior to the meeting at which the vacancy committee selects a person to fill the vacancy, the chairperson of the party congressional central committee that selected the members of the vacancy committee shall mail to each member of the vacancy committee a written notice announcing the time and location of the vacancy committee meeting. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. The vacancy committee may not select a person to fill the vacancy at any meeting for which notice is not provided pursuant to this paragraph (b).
(c) No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy.
he United States mail, with first-class postage prepaid. The vacancy committee may not select a person to fill the vacancy at any meeting for which notice is not provided pursuant to this paragraph (b).
(c) No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy.
(d) The vacancy committee shall certify the selection to the secretary of state within thirty days after the date the vacancy occurs. If the vacancy committee fails to certify a selection within thirty days in accordance with the provisions of this paragraph (d), the governor, within thirty-five days after the vacancy occurs, shall fill the vacancy by appointing a person having the qualifications set forth in paragraph (a) of this subsection (4). The name of the person appointed by the governor shall be certified to the secretary of state. The person selected or appointed pursuant to this subsection (4), after having qualified and taken the oath of office, shall immediately assume the duties of office.
(5) (a) In the event of a vacancy in the seat held by the state board member elected from the state at large, within five days after the state board receives notice of the vacancy, or within five days after the effective date of the resignation, whichever is later, the secretary of the state board shall refer the vacancy to the state central committee of the same political party as the vacating state board member. The state central committee shall refer the matter to the state central committee executive committee selected pursuant to section 1-3-105 (2), C.R.S.
(b) If the vacating board member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party.
(c) If the vacating member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the vacating board member's petition for nomination pursuant to section 1-4-802 (1)(e), C.R.S.
(6) (a) A vacancy occurring in the seat held by the state board member elected from the state at large shall be filled in accordance with the procedures established in this subsection (6).
(b) Within thirty days after being notified by the secretary of the state board of the occurrence of a vacancy, the vacancy or executive committee identified in subsection (5) of this section shall meet and, by a majority vote of its members present and voting at a meeting called for that purpose, shall nominate no fewer than three and no more than five candidates who possess the qualifications for a member of the state board and who are affiliated with the same political party or minor political party, if any, as the vacating board member, as shown on the registration books of the county clerk and recorder. The names of the candidates nominated shall be forwarded to the secretary of the state board.
(c) The state board shall, within twenty calendar days after receiving the names from the vacancy or executive committee identified in subsection (5) of this section interview all of the nominated candidates; except that the vacating board member shall not participate in the interview process.
recorder. The names of the candidates nominated shall be forwarded to the secretary of the state board.
(c) The state board shall, within twenty calendar days after receiving the names from the vacancy or executive committee identified in subsection (5) of this section interview all of the nominated candidates; except that the vacating board member shall not participate in the interview process.
(d) After completion of the interviews, and at a date and time established by the state board, the state board shall hold an open meeting to vote on the selection of a nominee to fill the vacancy. The vacating board member shall not participate in the open meeting to vote on the selection of a nominee to fill the vacancy. Nominees for selection shall be limited to the nominees referred to the state board by the vacancy or executive committee identified in subsection (5) of this section. Selection of a nominee shall occur by a majority vote of the state board members present and voting at the meeting called for such purpose. No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the state board. No member of the state board may vote by proxy. The state board shall certify the selection to the secretary of state within ten days after the meeting called to make the selection. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office.
(e) In the event that the state board, after reasonable efforts to elect by a majority vote a nominee to fill the vacancy, is unable to elect a nominee by a majority vote, the selection of one of the persons nominated pursuant to paragraph (b) of this subsection (6) shall be made by the highest elected state official of the same political party as the vacating board member, in the following order: Governor; president of the senate; speaker of the house of representatives; minority leader of the senate; minority leader of the house of representatives. The name of the nominee selected by the highest elected state official shall be certified to the secretary of state. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office.
(7) If a vacancy on the state board is caused by the resignation of a member of the state board and the letter of resignation gives an effective date of resignation that is later than the date the letter of resignation is submitted, the vacancy committee identified in subsection (3) of this section or the vacancy or executive committee identified in subsection (5) of this section, whichever is applicable, may meet no more than twenty days prior to the effective date of the resignation for the purpose of nominating a person to fill the vacancy. The certification of the nominee of the vacancy or executive committee, whichever is applicable, to the secretary of state may not be made prior to the effective date of the resignation and, if the member of the state board withdraws the letter of resignation prior to the effective date of the resignation, the person nominated by the vacancy or executive committee, whichever is applicable, may not be certified to the secretary of state.
(8) If the vacancy is caused by the death of a member-elect of the state board who has been elected to office but who has not yet been sworn in, the vacancy committee identified in subsection (3) of this section or the vacancy or executive committee identified in subsection (5) of this section, whichever is applicable, shall meet within thirty days after the death of the state board member-elect to fill the vacancy. The certification of the nomination of the vacancy or executive committee, whichever is applicable, to the secretary of state may be made prior to the convening of the state board but shall not take effect until the effective date of the vacancy, which is the first day the state board convenes.
C.R.S. § 22-2-106 State board - duties - rules
22-2-106. State board - duties - rules. (1) The state board is a type 1 entity, as defined in section 24-1-105. It is the duty of the state board:
(a) To exercise general supervision over the public schools of the state and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfth-grade level of instruction;
(a.5) To adopt, on or before May 15, 2013, a comprehensive set of guidelines for the establishment of high school graduation requirements to be used by each school district board of education in developing local high school graduation requirements. Each school district board of education retains the authority to develop its own unique high school graduation requirements, so long as those local high school graduation requirements meet or exceed any minimum standards or basic core competencies or skills identified in the comprehensive set of guidelines for high school graduation developed by the state board pursuant to this paragraph (a.5). In developing the guidelines for high school graduation, the state board shall utilize the recommendations of the state graduation guidelines development council established in section 22-7-414, as it existed prior to July 1, 2008, and shall:
(I) Take into account recommendations from the 2006 report of the Colorado education alignment council appointed by the governor pursuant to executive order B 009 05;
(II) Ensure that the state graduation guidelines are aligned with the description of postsecondary and workforce readiness, including but not limited to the minimum required English language competencies, adopted by the state board and the Colorado commission on higher education pursuant to section 22-7-1008 and with the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005;
(III) Work with the Colorado commission on higher education to ensure that the state board's guidelines for high school graduation adopted pursuant to this paragraph (a.5) and the postsecondary academic admission standards established pursuant to section 23-1-113, C.R.S., are aligned for students entering a four-year public postsecondary education institution on or after August 1, 2013;
(IV) Recognize and address the multiple and diverse pathways to diplomas offered by school districts in the state. The guidelines for high school graduation shall accommodate the differing and broad categories of student interests and economic needs, including but not limited to agriculture, architecture, arts, communications, business and management, construction technology, education, finance, government, health sciences, tourism, human services, information technology, law and public safety, manufacturing, marketing and sales, physical education, science and technology, and transportation. The guidelines for high school graduation adopted by the state board pursuant to this paragraph (a.5) shall ensure, at a minimum, that, while not identical, each pathway is equally rigorous.
(V) Utilize standards-based education, as described in part 10 of article 7 of this title, as the framework for the development of the guidelines for high school graduation and consider how high school graduation requirements can be articulated in a standards-based education system;
(VI) Recognize and acknowledge the importance of obtaining the core competency skills and standards to succeed in the twenty-first century, including but not limited to proficiency in math, science, and written and verbal communication skills;
(VI.5) Recognize and acknowledge the importance of education in performing arts, as defined in section 22-1-104.5 (1)(b), and visual arts, as defined in section 22-1-104.5 (1)(c), in strengthening student learning in other subjects and in supporting students' ability to succeed in the twenty-first century; and
t limited to proficiency in math, science, and written and verbal communication skills;
(VI.5) Recognize and acknowledge the importance of education in performing arts, as defined in section 22-1-104.5 (1)(b), and visual arts, as defined in section 22-1-104.5 (1)(c), in strengthening student learning in other subjects and in supporting students' ability to succeed in the twenty-first century; and
(VII) Take into account the importance of pre-high school and postsecondary career planning that provides middle school and junior high school students and parents with awareness of the school district's high school graduation requirements, the multiple pathways a student can follow, and other pertinent information that will help prepare a student for a successful high school experience.
(b) To appoint a commissioner of education;
(b.5) To review and evaluate annually the job performance of the commissioner of education using procedures and criteria determined by the state board. The procedures and criteria shall include, at a minimum, consideration of the comments and opinions of school district superintendents and school board members regarding the commissioner's job performance. Notwithstanding section 24-1-136 (11)(a)(I), the state board shall report the results of its evaluation to the education committees of the house of representatives and senate, or any successor committees.
(c) To appraise and accredit the public schools and school districts in this state and the state charter school institute pursuant to the provisions of article 11 of this title, and to submit recommendations to the governor and general assembly for improvements in education;
(d) To approve the annual budget request for the department prior to submission;
(e) To order the distribution or apportionment of federal and state moneys granted or appropriated to the department for the use of the public schools of the state, except moneys granted or made available to another agency specifically designated;
(f) To review the annual report prepared by the commissioner and to transmit it to the governor in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S.;
(f.5) To comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans, as if the state board were the executive director of the department;
(f.7) To provide such aggregate, nonidentifying information concerning student enrollment in every school district in the state that the department of human services may request pursuant to section 19-1-115.5, C.R.S.;
(f.9) Repealed.
(g) To perform any other duty which may be required by law;
(h) On or before January 15, 2012, to adopt by rule standards for charter schools and charter school authorizers based on the recommendations made by the charter school and charter authorizer standards review committee pursuant to section 22-30.5-104.5;
(i) To ensure that the rules promulgated by the state board and the policies and guidelines adopted by the department pursuant to this title impose the least possible administrative or financial burden on school districts, charter schools, or boards of cooperative services and, when appropriate to reduce potential administrative burden, to promulgate rules and instruct the department to adopt policies and guidelines that specifically apply to rural school districts, charter schools, and boards of cooperative services, as identified by the department.
(2) and (3) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1528, § 7, effective May 21, 2009.)
C.R.S. § 22-2-106.5 State board - duties with regard to student data - memorandum of understanding
22-2-106.5. State board - duties with regard to student data - memorandum of understanding. Notwithstanding the provisions of section 22-2-111 (3)(a), the state board shall enter into a memorandum of understanding on or before September 1, 2006, with the Colorado commission on higher education to adopt a policy to share student data. At a minimum, the policy shall ensure that the exchange of information is conducted in conformance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. The policy shall additionally require the state board, upon request, to share student data with qualified researchers. For purposes of this section, qualified researchers shall include, but need not be limited to, institutions of higher education, school districts, and public policy research and advocacy organizations.
C.R.S. § 22-2-107 State board - power
22-2-107. State board - power. (1) The state board has the power:
(a) To perform all duties delegated to it by law;
(b) To employ personnel, subject to the provisions of section 13 of article XII of the state constitution, as may be necessary for the performance of powers and duties delegated to the state board, the commissioner, and the department;
(c) To promulgate and adopt policies, rules, and regulations concerning general supervision of the public schools, the department, and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfth-grade level of instruction;
(d) To approve within the appropriation made by the general assembly a salary schedule for personnel of the department who are not within the state personnel system;
(e) To create, maintain, and modify, from time to time, such administrative organization for personnel of the department as may be deemed necessary or beneficial;
(f) To provide consultative services to the public schools and boards of education of school districts;
(g) To appraise for the purpose of accreditation any nonpublic school, but only upon its request;
(g.5) Repealed.
(h) To accept gifts, grants, and donations of any nature for the use of the department or the public schools in accordance with conditions prescribed by the donor; but no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law;
(i) To prepare, approve, and implement plans necessary as a prerequisite to the receipt of federal moneys or property under any act of congress for the use of the public schools of the state, except moneys granted or made available to another agency specifically designated;
(j) To require a school district to take a school census, from time to time, containing such items of information as determined by the state board, and to give reasonable notice to each school district before requiring the taking of a census;
(k) To appoint such advisory committees as may be beneficial to the improvement of education in the state;
(l) To cooperate with other agencies either within or without the state for the improvement of education;
(m) To cause to be prepared or corrected any report required by law to be filed by a school district at any time that a school district has failed to file such report when due or has filed a grossly inaccurate or incomplete report and to cause such school district to pay the cost of such preparation or correction;
(n) To enter into reciprocal agreements for the exchange of information relative to the issuance, denial, or revocation of teacher licenses or certificates with the legally constituted licensing or certificating agencies in other states;
(o) To enter into contracts with the state board for community colleges and occupational education for the development and for the supervision of the administration and implementation of state plans for occupational education in the public elementary and secondary schools;
(p) Repealed.
(q) To promulgate rules and regulations to define the types and amounts of costs in excess of applicable revenues that a school district of residence of a child with a disability shall pay as tuition to educate that child elsewhere within Colorado at a facility, as defined by the department in its regulations, approved by the office of facility schools in the department pursuant to section 22-2-407, or at an administrative unit as defined in section 22-20-103 (1) other than the administrative unit of residence; however, a school district may pay a higher amount, as provided in section 22-20-109 (1);
(r) To take the actions necessary to comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans;
inistrative unit as defined in section 22-20-103 (1) other than the administrative unit of residence; however, a school district may pay a higher amount, as provided in section 22-20-109 (1);
(r) To take the actions necessary to comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans;
(s) To approve programs by nonpublic, nonparochial schools to provide educational services to students pursuant to section 22-33-203, and to approve services to be provided to at-risk students pursuant to agreements entered into pursuant to section 22-33-204; and
(t) To render a decision on the appeal of the state charter school institute's approval or denial of an institute charter school application or the revocation or nonrenewal of an institute charter school contract pursuant to part 5 of article 30.5 of this title.
C.R.S. § 22-2-108 Federal financial assistance
22-2-108. Federal financial assistance. (1) The state board of education is authorized to accept, use, and administer all moneys and properties granted or made available to the state or any agency thereof for an educational purpose, except those moneys and properties granted or made available for such purpose to another such agency specifically designated.
(2) If it is necessary to execute a formal agreement with a federal agency or officer as a condition precedent to receiving federal moneys or property pursuant to subsection (1) of this section, the state board is authorized to execute such an agreement, with the approval of the attorney general, provided such agreement shall not be inconsistent with law.
(3) The state treasurer is authorized to receive any moneys accepted pursuant to the provisions of subsection (1) of this section as official custodian thereof, and he shall disburse said moneys upon the order of the state board.
(4) By July 1, 2005, and by July 1 of each year thereafter, the state board shall submit a report to the education committees of the senate and house of representatives, or any successor committees, detailing the total amount of federal funds received by the state board in the prior fiscal year, accounting how the funds were used, specifying the federal law or regulation that governs the use of the federal funds, if any, and providing information regarding any flexibility the state board has in using the federal funds.
C.R.S. § 22-2-109 State board of education - additional duties - teacher standards - principal standards - rules
22-2-109. State board of education - additional duties - teacher standards - principal standards - rules. (1) The state board of education shall:
(a) Repealed.
(b) to (f) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
(g) Adopt rules that prescribe standards of qualification, preparation, training, or experience that are required for the issuance of all licenses, master certificates, and authorizations, as provided for in article 60.5 of this title 22;
(h) Adopt rules that prescribe standards for endorsements deemed appropriate for each type of license or authorization;
(i) Utilize representatives from all levels of education in developing standards of qualification, preparation, and experience for all licenses, master certificates, authorizations, and endorsements;
(j) Conduct or arrange for research pertinent or essential to implement the provisions of article 60.5 of this title, including but not limited to educator licensure and educator preparation programs in institutions of higher education;
(k) and (l) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
(m) Repealed.
(n) and (o) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
(p) Adopt rules to ensure that administrator programs of preparation meet the requirements concerning instruction in evaluating licensed personnel specified in section 22-9-108;
(q) Adopt rules that require the reporting between school districts of the enrollment of any students who have transferred to another school or school district within the state. Such rules shall improve the ability of school districts to accurately identify which students have in fact dropped out of school and which students have merely transferred to another school or school district. Such rules shall also set forth uniform standards for determining which school or school district shall count a dropout as part of its own dropout count.
(r) Repealed.
(2) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
(3) The state board of education shall adopt by rule quality standards, as defined in section 22-9-103 (2.9), that at a minimum must include a requirement that each candidate for an initial teacher license have and be able to demonstrate the following skills:
(a) The ability to align instructional objectives with adopted student learning standards;
(b) The ability to teach in a manner that addresses individual student needs and enables the student to improve his or her performance;
(c) Proficiency in measuring and monitoring each student's progress toward achieving learning standards;
(d) The ability to adjust instructional practices and methods when necessary to stimulate or enhance student progress;
(e) The ability to engage parents as learning partners to promote student learning;
(f) The ability to integrate technology into instruction at the grade level for which the teacher expects to be endorsed;
(g) The ability to assess student performance;
ving learning standards;
(d) The ability to adjust instructional practices and methods when necessary to stimulate or enhance student progress;
(e) The ability to engage parents as learning partners to promote student learning;
(f) The ability to integrate technology into instruction at the grade level for which the teacher expects to be endorsed;
(g) The ability to assess student performance;
(h) The ability to demonstrate a high level of content area knowledge and professional competencies in the areas identified by rule of the state board pursuant to section 22-60.5-203.
(4) In adopting the quality standards pursuant to subsection (3) of this section, the state board shall also adopt rules specifying the methods by which a teacher candidate may demonstrate that the teacher candidate has achieved the specified skills and the manner in which such demonstrations may be documented for submission when the teacher candidate applies for licensure.
(5) Repealed.
(6) (a) The state board of education shall adopt by rule quality standards, as defined in section 22-9-103 (2.9), to guide the development of principal preparation programs. The state board of education shall develop the standards in collaboration with institutions of higher education and alternative programs that offer principal preparation programs and superintendents and local boards of education. The state board of education shall ensure that the standards are consistent with national standards for principal preparation. The standards must include, but need not be limited to, the following:
(I) Strong leadership development that shall include but need not be limited to decision-making, communication, and human relations skills; and
(II) Instructional skills and knowledge and the use of data necessary to lead and organize a standards-based school that is characterized by student proficiency in literacy and the state content standards as described in section 22-7-1005.
(b) Repealed.
(7) Repealed.
C.R.S. § 22-2-110 Commissioner of education - oath - qualifications - tenure
22-2-110. Commissioner of education - oath - qualifications - tenure. (1) The commissioner of education shall be the chief state school officer and executive officer of the department of education. He or she shall possess the professional qualifications described in subsection (4) of this section and such additional professional qualifications as may be deemed appropriate for the office by the state board.
(2) The state board shall appoint the commissioner who shall serve at the pleasure of the board, and receive such compensation as may be determined by the board. The commissioner is a type 2 entity, as defined in section 24-1-105.
(3) Before entering upon his or her duties, the commissioner shall subscribe to an oath of office, which oath shall be filed with the secretary of state.
(4) The person appointed to the office of commissioner of education by the state board pursuant to subsection (2) of this section shall, at a minimum, satisfy the following professional qualifications:
(a) The person shall have demonstrated personal and professional leadership success, preferably in the administration of public education; and
(b) The person shall possess an earned advanced degree, preferably in education or educational administration awarded from a regionally or nationally accredited college or university.
(5) Notwithstanding section 24-1-136 (11)(a)(I), the state board shall annually review and evaluate the job performance of the commissioner, as provided in section 22-2-106 (1)(b.5), and report the results of its evaluation to the public and the education committees of the house of representatives and senate, or any successor committees.
C.R.S. § 22-2-111 Commissioner of education - office - records - confidential nature
22-2-111. Commissioner of education - office - records - confidential nature. (1) The commissioner shall have an office at the seat of the government where he shall keep an official seal and all books and papers pertaining to the business affairs of his office. He shall be entitled to reimbursements for necessary travel and subsistence expenses, incurred either within or without the state, in accordance with regulations promulgated by the state controller.
(2) Copies of all papers, reports, and documents filed in his office, and his official acts, may be certified by him under seal, and when so certified shall be evidence of his official acts equally and in a like manner as the original paper, report, or document or testimony under oath.
(3) (a) Except when requested by the governor or a committee of the general assembly or pursuant to compliance with section 22-32-109.8 or 22-2-119, all papers filed in the department of education that contain personal information about applicants for employment, employees, or holders of educator licenses or authorizations or about pupils' test scores are classified as confidential in nature; however, each educator has the right to inspect and to have copies made at the educator's expense of all information pertaining to the educator on file in the department of education. The educator may challenge any such record by formal letter or other evidence, which shall be added to the state records. The state board may authorize any material to be added to or removed from an educator's official records in its custody. It is unlawful for any officer, employee, or other person to divulge, or to make known in any way, any such personal information without the written consent of said applicant, employee, educator, or pupil; but the information may be divulged or made known in the normal and proper course of administration of programs relating thereto without such written consent. Nothing in this subsection (3) shall be construed in a manner to prohibit the publication of statistics relative to the aforementioned information when so classified as to prevent the identification of educators or pupils involved in said statistics.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), on or before July 1, 2004, and on or before July 1 each year thereafter, the department shall provide to the department of higher education a list of the persons initially licensed as educators during the preceding twelve months and, for each such person who completed an approved program of preparation provided by a Colorado institution of higher education, the name of the institution that provided the approved program of preparation, and a list of the persons who have held an educator license for two years as of the reporting date.
C.R.S. § 22-2-112 Commissioner - duties - report - legislative declaration
22-2-112. Commissioner - duties - report - legislative declaration. (1) Subject to the supervision of the state board, the commissioner has the following duties:
(a) To advise the state board concerning the current operation and status of the public schools and upon other educational matters;
(b) To supply the state board with such information as it may require and to prepare for the board to transmit annually a report accounting to the governor and the house and senate committees on education for the efficient discharge of all responsibilities assigned by law or directive to the department, and to issue all publications of the department circulated in quantity outside the executive branch in accordance with the provisions of section 24-1-136, C.R.S.;
(c) To prepare and submit to the state board a budget for the department and to properly execute the approved budget in accordance with appropriations;
(d) To establish and maintain a system of personnel administration within the department;
(e) To cause all policies, rules, and regulations adopted by the state board to be duly executed;
(f) To serve as state librarian pursuant to section 24-90-104 (2), C.R.S.;
(g) To visit public schools and communities which most need his personal attendance for the purpose of stimulating and guiding public sentiment to education and diffusing by public addresses and personal communication with parents, school officers, and teachers a knowledge of existing defects of and a knowledge of desirable improvements in the government, finance, curriculum of, and instruction in the public schools;
(h) To establish and maintain adequate statistical, academic performance, safety environment, and financial records of school districts, including records required by article 11 of this title;
(i) To cause to be reprinted annually laws enacted by the general assembly concerning education, in accordance with the provisions of section 24-1-136, C.R.S., and to furnish copies thereof to interested persons. All publishing costs therefor shall be paid out of the state public school fund pursuant to section 22-54-114 (5).
(j) To perform other duties as may be delegated to him by law or by the state board;
(k) To submit to the governor and the general assembly, not later than the first day of September of each year, a report which shall discuss educational issues in Colorado and such other subjects as the commissioner may deem appropriate. The commissioner shall also submit such fiscal, instructional, academic progress, and other information as may be required by the state board to reflect the quality of education in the state. Statistical data by school district regarding drop-out rates, teacher-pupil ratios, number of courses offered, teacher turnover rates, and reading and achievement scores will be available upon request.
(l) To prepare a manual setting forth simplified election procedures for use by the election judges in the district. He shall notify the superintendent of each district that such a manual is available and that copies will be furnished upon request and free of charge. When the school election laws have changed, he shall revise the manual to comply with the then existing laws. Such revisions may be made by inserts to the manual.
(m) To supervise, manage, and control the Colorado school for the deaf and the blind at Colorado Springs;
(n) To enter into an interagency agreement with the department of health care policy and financing and to promulgate such rules and regulations as may be necessary under the agreement to enable school districts, boards of cooperative services, and state educational institutions to enter into contracts and to receive federal matching funds for moneys spent in providing student health services as provided in section 25.5-5-301 (6) or 25.5-5-318, C.R.S.;
(o) To comply with the duties set forth in article 11 of this title;
es and regulations as may be necessary under the agreement to enable school districts, boards of cooperative services, and state educational institutions to enter into contracts and to receive federal matching funds for moneys spent in providing student health services as provided in section 25.5-5-301 (6) or 25.5-5-318, C.R.S.;
(o) To comply with the duties set forth in article 11 of this title;
(p) To establish and maintain an educator identifier system to assign unique identifiers to educators employed in a school district or local education agency. Each educator's identifier must be unique. The identifier must not use any personal identifying information, such as social security numbers or contact information, except for alignment purposes in data processing. Any personal identifying information that is collected must be linked in a secure data location so data sets can be matched based on the personal identifying information when the identifier is not included.
(q) (I) To assist the state board in reviewing the content of educator preparation programs in the state by preparing an annual report on the effectiveness of educator preparation programs.
(II) For purposes of this subsection (1)(q), the department shall use data collected from an educator in the educator's first three years of placement as the educator of record.
(III) To the extent the relevant data is available at the time of the annual report, the report required pursuant to this subsection (1)(q) must include, but need not be limited to, the correlation between different educator preparation programs in the state, including alternative educator preparation programs, and student academic growth, educator placement, educator mobility and retention, and educator performance evaluation ratings.
(IV) The department shall make the report prepared pursuant to this subsection (1)(q) available to the public on the department's website no later than thirty days after the report's completion. The department shall share the information with educator preparation programs to inform curriculum and program improvements.
(r) Repealed.
(s) To facilitate employment first policies and practices by:
(I) Providing input and assistance to the employment first advisory partnership described in section 8-84-303, C.R.S., in carrying out its duties; and
(II) Presenting the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S.
(t) To annually distribute to each school district and to the state charter school institute informational materials received from the department of personnel pursuant to section 24-5-102 relating to federal student loan repayment programs and student loan forgiveness programs.
(u) (I) To prepare an annual report on the number of pupils enrolled in public schools in the state based on the pupil enrollments reported to the state board pursuant to section 22-54-112 (2)(a) for the applicable school year, and the number of school counselors, school social workers, school nurses, and school psychologists in the state, licensed by the department pursuant to part 2 of article 60.5 of this title 22, and employed by a school district, board of cooperative services, charter school, or entity that contracts with any of the above who are reported as full-time equivalent or part-time employees. The report must state the number of pupils and licensed and employed school psychologists, school counselors, school social workers, and school nurses in total for the state and disaggregated by school district, board of cooperative services, and the state charter school institute.
(II) The department shall make the report prepared pursuant to this subsection (1)(u) available to the public on its website no later than thirty days after its completion each year.
ed school psychologists, school counselors, school social workers, and school nurses in total for the state and disaggregated by school district, board of cooperative services, and the state charter school institute.
(II) The department shall make the report prepared pursuant to this subsection (1)(u) available to the public on its website no later than thirty days after its completion each year.
(v) Upon the repeal of part 2 of article 82.9 of this title 22 and in accordance with section 39-22-104 (3)(p.5)(II), to promptly notify the executive director of the department of revenue in writing that the healthy school meals for all program is repealed.
(2) In accordance with section 22-2-107 (1)(c), the commissioner shall establish requirements enabling residents of this state who are seventeen years of age or older or who are sixteen years of age and satisfy the requirements of section 22-33-104.7 to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5).
(3) Repealed.
(4) (a) The commissioner shall ensure that the department, subject to available appropriations, annually allocates money to school districts, district charter schools, and institute charter schools to reimburse them for the costs of administering developmental education placement or assessment tests pursuant to sections 22-32-109.5, 22-30.5-117, and 22-30.5-526, respectively, to students enrolled in grades nine through twelve. The department shall allocate money to offset the costs incurred in administering each of the test units only once per student while the student is enrolled in grades nine through twelve.
(b) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, administering developmental education placement or assessment tests to students in grades nine through twelve is an accountable program to meet state academic standards and is a component of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(5) On and after August 10, 2016, the board of education of a school district that intends to seek voter approval of bonded indebtedness for the purpose of constructing a building that the school district may lease to a state institution of higher education or that intends to lease other school district property to a state institution of higher education, and that intends, in either situation, to receive in-kind services in lieu of part or all of the lease payments, must submit to the commissioner a letter of intent to lease property to a state institution of higher education. The commissioner shall approve the first three letters of intent that are submitted after August 10, 2016, and shall not approve subsequent submittals until July 1, 2021, at which point the commissioner may approve the first three letters of intent submitted after that date. A school district board of education may proceed with plans to lease property to a state institution of higher education or to seek voter approval of bonded indebtedness to construct a building for lease to a state institution of higher education only if the school district's letter of intent is approved by the commissioner. The provisions of this subsection (5) do not apply to a building lease between a school district and a state institution of higher education that exists as of August 10, 2016.
f higher education or to seek voter approval of bonded indebtedness to construct a building for lease to a state institution of higher education only if the school district's letter of intent is approved by the commissioner. The provisions of this subsection (5) do not apply to a building lease between a school district and a state institution of higher education that exists as of August 10, 2016.
(6) If a school district fails to replace categorical program support funds as required in section 22-54-107, the commissioner shall withhold from any state money due to the school district for any reason the unpaid amount of categorical program support funds recoverable from the school district. The commissioner shall withhold the state money commencing in the budget year immediately following the budget year in which the school district fails to pay the recoverable amount. The commissioner shall assess and recover an interest fee on the unpaid amount, beginning July 1, at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year; except that the commissioner may waive accrued interest upon recovery of the unpaid amount.
(7) Repealed.
(8) Notwithstanding any provision of section 22-2-111 to the contrary, the commissioner shall ensure that the department of education cooperates with the department of early childhood as provided in section 26.5-1-111 in sharing, managing, and protecting qualitative and quantitative data needed to measure longitudinal outcomes of early childhood programs and services.
C.R.S. § 22-2-113 Commissioner - powers
22-2-113. Commissioner - powers. (1) Subject to the supervision of the state board, the commissioner has the following powers:
(a) To perform all duties which may be required by law;
(b) To issue instructions to school district officers and employees concerning the government of the public schools under their control;
(c) To prescribe forms and items to be included in reports submitted by school district officers and employees and other persons;
(d) To construe provisions of the school laws on questions submitted to him in writing by any school district officer or employee or other person. Said construction may be published in either memorandum form or in any periodical devoted to the interest of education with general distribution to the public schools.
(e) To cause to be prepared, printed, and distributed report forms, registers, curriculum and instructional guides, pamphlets, and other materials as may be beneficial to personnel and pupils of the public schools. All publishing costs therefor shall be paid out of the funds appropriated to the department on warrants of the controller covering vouchers approved by the commissioner. A reasonable fee may be charged for any such materials delivered to a person not in the service of a school district or enrolled as a pupil in the public schools thereof. All receipts from such fees shall be deposited to the credit of the general fund.
(f) To recover a penalty fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its regulations when a certification to the department of education by such district, board, facility, or home for the determination of state funding by the department is not supported by generally accepted accounting principles upon audit by the department. The penalty fee shall be determined by the commissioner, but in no event shall such fee be less than fifty dollars nor more than twenty thousand dollars per initial audit.
(g) (I) To recover an interest fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its rules when a certification to the department by such district, board, or facility, for the determination of state funding, results in an overpayment to the district, board, facility, or home by the state. The interest amount shall be computed on the amount of overpayment at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year, beginning from the final settlement date of the audit. The interest fee shall be recovered in addition to the recovery of the amount of the overpayment.
(II) (A) Notwithstanding the provisions of subparagraph (I) of this paragraph (g), for audits that begin on or after July 1, 2007, if the department determines through an audit of a school district or a group care facility or home that an overpayment of state funding has been made to the district, facility, or home due to an error in information submitted to the department, the commissioner shall not recover an interest fee from the district, facility, or home in addition to the amount of the overpayment if the district, facility, or home repays the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II).
ment of state funding has been made to the district, facility, or home due to an error in information submitted to the department, the commissioner shall not recover an interest fee from the district, facility, or home in addition to the amount of the overpayment if the district, facility, or home repays the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II).
(B) The period during which the commissioner shall not recover an interest fee pursuant to sub-subparagraph (A) of this subparagraph (II) shall be a period that is equal to the number of years and any fraction of a year between the settlement date of the audit in which the overpayment to the school district or group care facility or home was determined and the settlement date of the immediately preceding audit of the district, facility, or home. The period shall begin on the final settlement date of the audit in which the overpayment to the district, facility, or home was determined.
(C) If a school district or group care facility or home is unable to repay the total amount of the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II), the district, facility, or home and the department may negotiate an extension of the repayment period for the remaining amount of the overpayment; except that the commissioner shall recover the interest fee described in subparagraph (I) of this paragraph (g) on the remaining amount of the overpayment beginning on the day immediately following the expiration of the period specified in sub-subparagraph (B) of this subparagraph (II). The interest fee shall be recovered in addition to the recovery of the remaining amount of the overpayment.
(III) Notwithstanding any provision of subparagraph (I) or (II) of this paragraph (g) to the contrary, for the 2008-09 budget year, the commissioner may accept as repayment from a school district that has received an overpayment items for use by the department, including but not limited to lifetime online curriculum licenses, in the same value as the amount of the overpayment owed by the school district.
(h) To cooperate with local boards of education, pursuant to section 18-18-407 (2)(b), C.R.S., and make recommendations regarding the uniform implementation and furnishing of notice of the provisions of section 18-18-407 (2)(b), C.R.S.;
(i) To issue emergency orders concerning a charter school pursuant to section 22-30.5-703; and
(j) Subject to available appropriations, to expend appropriations to correct an underpayment of state funding to a school district, board of cooperative services, as defined in section 22-5-103, the state charter school institute, or a group care facility or home when a certification to the department by the school district, board, institute, facility, or home, for the determination of state funding by the department, includes an error in the information submitted to the department.
C.R.S. § 22-2-113.5 Educational programs for pupils in foster homes or placed by child placement agencies - study - repeal
22-2-113.5. Educational programs for pupils in foster homes or placed by child placement agencies - study - repeal. (Repealed)
C.R.S. § 22-2-113.8 Department of education - additional local revenues - distribution to schools - annual report
22-2-113.8. Department of education - additional local revenues - distribution to schools - annual report. (1) For the 2014-15 budget year and each budget year thereafter, each school district shall report the total amount of additional local property tax revenues the district is authorized to collect in addition to the district's total program mill levy, but not including amounts authorized pursuant to section 22-40-110, article 42 of this title, or article 43 of this title, and the amount of the additional local property tax revenues that the school district distributes directly to schools of the school district, stated as a dollar amount.
(2) The department shall annually compile a report of the information received pursuant to subsection (1) of this section concerning the collection of additional local property tax revenues by each school district and the distribution of the revenues to the schools of the school district, including the charter schools. In addition to the compiled information, the report must include a comparison of the amount of additional local property tax revenues received by the school district and the amount distributed to the schools of the district, including the charter schools, at the district level and aggregated statewide.
(3) (a) The department shall allow each school district and each district charter school to review the report before publication. A school district or a charter school may request that the department compile an addendum to the report that is specific to the requesting school district or charter school and that examines the overall level of funding distributed by the school district to the charter schools of the district, including:
(I) Capital construction and facilities funding;
(II) Funding for technology; and
(III) Any other funding that the school district distributes to the charter schools of the district.
(b) The department shall simultaneously publish on the department website the report and any addenda prepared for the report in response to a school district or charter school request.
C.R.S. § 22-2-114 Department of education - special programs
22-2-114. Department of education - special programs. (Repealed)
C.R.S. § 22-2-114.1 Dropout rates - collection of data on grades seven through twelve
22-2-114.1. Dropout rates - collection of data on grades seven through twelve. (1) The general assembly hereby declares that the dropout rate indicates a waste of economic and human potential. Therefore a correct assessment of the number of students who fail to complete high school in the typical length of time is necessary in order to fully recognize and correct the problem.
(2) The state board of education shall develop and implement in cooperation with local boards of education a model student accounting method and data collection system on dropouts in grades seven through twelve, with results to be reported to the general assembly by January 1, 1988.
(2.5) to (3) (Deleted by amendment, L. 2010, (HB 10-1171), ch. 401, p. 1933, § 1, effective August 11, 2010.)
C.R.S. § 22-2-115 Early childhood education program - study - report to general assembly
22-2-115. Early childhood education program - study - report to general assembly. (Repealed)
C.R.S. § 22-2-116 Additional power - waiver of reporting requirements - review of reporting requirements
22-2-116. Additional power - waiver of reporting requirements - review of reporting requirements. (1) The commissioner may waive any requirements imposed by this title as to the reporting of data to the department or the state board by any school district which is eligible to receive the minimum amount of state moneys under the provisions of article 54 of this title, if the commissioner finds that any benefits from receiving such reports are outweighed by the district's increased administrative costs of reporting in light of its minimum share of state moneys.
(2) Repealed.
C.R.S. § 22-2-116.5 Department of education - student-level course completion data
22-2-116.5. Department of education - student-level course completion data. Beginning with the 2014-2015 school year, the department shall annually collect student-level course completion data, consistent with state and federal privacy laws, from each local education agency in the state. The department shall establish a definition of course completion that may be consistently understood and applied and that must be periodically revised as appropriate. In developing the definition, the department shall work with interested parties to consider issues, including but not limited to whether students should be included in the database if they have enrolled in a course after a specified date or dropped a course before a specified date and whether course completion must be determined based on the receipt of particular grades or other criteria.
C.R.S. § 22-2-117 Additional power - state board - waiver of requirements - rules
22-2-117. Additional power - state board - waiver of requirements - rules. (1) (a) Upon application of the board of education of any school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall grant the waiver if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any school district board of education that applies for a waiver pursuant to this section shall specify in such application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance.
(b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:
(I) The "Public School Finance Act of 2025", article 54 of this title 22;
(II) The "Exceptional Children's Educational Act", article 20 of this title;
(III) Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports;
(IV) Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel;
(V) The "Children's Internet Protection Act", article 87 of this title 22;
(VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;
(VII) Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by school district employees;
(VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;
(IX) Any provisions of section 22-1-128 relating to comprehensive human sexuality education content requirements;
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) relating to discrimination based on hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race;
(XI) Any provision of section 22-1-145 relating to the use of a student's chosen name, as defined in section 22-1-145 (1), in a public school; or
(XII) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5.
(c) A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such request to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request.
uest to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request.
(d) In addition to any requirements for a waiver application that are specified in this subsection (1), any application submitted by a school district that has a funded pupil count, as determined pursuant to article 54 of this title 22, of three thousand or more pupils shall demonstrate that the application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district.
(1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).
(2) Prior to submitting an application for a waiver as provided in subsection (1) of this section, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board's intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. The school district board of education shall post notice of such public meeting in three public places within the district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver.
(3) (a) Any waiver made pursuant to the provisions of this section shall continue until such time as:
(I) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or
(II) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board.
(b) The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing.
(4) The provisions of this section shall not apply to any waiver requested by a charter school pursuant to sections 22-30.5-104 (6) and 22-30.5-105 (3). Waiver requests by a charter school shall be governed by the provisions of said sections.
(5) The state board shall promulgate such rules as are necessary to implement the provisions of this section regarding the waiver application process.
(6) Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title.
C.R.S. § 22-2-118 Department of education - study of school district administration and staffing patterns
22-2-118. Department of education - study of school district administration and staffing patterns. (Repealed)
C.R.S. § 22-2-119 Department of education - inquiries concerning prospective employees - background investigation fee
22-2-119. Department of education - inquiries concerning prospective employees - background investigation fee. (1) When an inquiry is made by a board of education of a school district pursuant to the provisions of section 22-32-109.7 (1) or (1.5), by the governing board of a nonpublic school pursuant to the provisions of section 22-1-121, by the governing board of a charter school pursuant to the provisions of section 22-30.5-110.5, or by the governing board of an institute charter school pursuant to the provisions of section 22-30.5-511.5, concerning a prospective or current employee, the department shall provide the following information concerning such person:
(a) Whether according to the records of the department such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for:
(I) A felony; or
(II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; or
(III) A misdemeanor crime, 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.;
(b) (I) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information required to be provided to the department by the school district pursuant to the provisions of section 22-32-109.7 (3);
(II) The department of education shall not disclose to any prospective employer any information reported to the department from a school district pursuant to section 22-32-109.7 (3) unless and until the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect. The department shall request a check of the records and reports of child abuse or neglect maintained by the state department of human services pursuant to the provisions of section 19-1-307 (2)(l), C.R.S.
(III) If the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect and the report concerning such person is subsequently expunged pursuant to the provisions of section 19-3-313.5 (3)(f), C.R.S., such person may notify the department that the report has been expunged. If the department verifies that the report has been expunged, the department shall remove such information about the person from the files kept by the department.
(b.5) Whether the person's educator license or certification has ever been denied, suspended, revoked, or annulled in this state or in another state, including but not limited to any information gained as a result of an inquiry by the department to a national teacher information clearinghouse;
ed, the department shall remove such information about the person from the files kept by the department.
(b.5) Whether the person's educator license or certification has ever been denied, suspended, revoked, or annulled in this state or in another state, including but not limited to any information gained as a result of an inquiry by the department to a national teacher information clearinghouse;
(c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children.
(2) Except for authorized inquiries made by boards of education, governing boards of nonpublic schools, governing boards of charter schools, or governing boards of institute charter schools, the department shall consider information held by the department to be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases such information in violation of this subsection (2) shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received by the department concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.
(3) (a) When providing the information required in subsection (1) of this section, the department shall provide the information within the following timelines:
(I) For information that the department possesses at the time of the request, the department shall provide the information no later than ten business days following the receipt of the inquiry;
(II) For information that the department must obtain by a background check, the department shall provide the information no later than ten business days following the receipt of the information.
(b) If provisions of this subsection (3) increase the costs for the department and the department increases educator licensing fees to address the increased costs, the increase shall be no greater than necessary and shall be included in the department's annual budget request to the joint budget committee.
(4) (a) A school district shall verify the results of a fingerprint-based criminal history record check performed for the department on a school employee or applicant, and the Colorado bureau of investigation shall share the information from the initial fingerprint-based criminal history record check with the requesting entity.
the department's annual budget request to the joint budget committee.
(4) (a) A school district shall verify the results of a fingerprint-based criminal history record check performed for the department on a school employee or applicant, and the Colorado bureau of investigation shall share the information from the initial fingerprint-based criminal history record check with the requesting entity.
(b) When the Colorado bureau of investigation provides the department with an update regarding a school employee who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each school district and charter school in the state. Each school district and charter school shall cross-check its employee list with the provided update and take appropriate action, if necessary.
(5) The department may collect a background investigation fee in responding to inquiries pursuant to this section submitted regarding a person who does not hold an educator license issued pursuant to article 60.5 of this title. The state board, by rule, shall establish the amount of the background investigation fee to generate an amount of revenue that approximates the direct and indirect costs incurred by the department in responding to inquiries pursuant to this section regarding unlicensed persons. The department shall transmit the fees collected pursuant to this section to the state treasurer who shall credit the fees to the educator licensure cash fund, created pursuant to section 22-60.5-112.
C.R.S. § 22-2-119.3 Department of education - educator preparation program students - record check - fee - definitions
22-2-119.3. Department of education - educator preparation program students - record check - fee - definitions. (1) A student requesting a criminal history record check must submit to the Colorado bureau of investigation a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the department and notarized, or any third party approved by the Colorado bureau of investigation. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the student information for more than thirty days unless requested to do so by the student. The student shall submit the fingerprints for the purpose of obtaining a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine whether the student has a criminal history. The student shall pay to the Colorado bureau of investigation the fee established by the bureau for conducting the criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the department.
(2) On a form provided by the department, the student shall:
(a) Certify, under penalty of perjury, either:
(I) That he or she has never been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction; or
(II) That he or she has been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction. Such certification shall specify such felony or misdemeanor for which convicted, the date of such conviction, and the court entering the judgment of conviction.
(b) Furnish the following information to the department:
(I) The educator preparation program in which the student is enrolled;
(II) The school districts or charter schools in which the student has been placed for field experiences; and
(III) Any other information required by the department to release the results of a record check pursuant to this section.
(3) When the results of a fingerprint-based criminal history record check of a student performed pursuant to this section reveal a record of arrest without a disposition, the department shall perform a name-based judicial record check of that student.
(4) (a) Within seven days after receiving the results of a record check conducted pursuant to this section, the department shall provide the results of the record check, to the extent permitted by state or federal law or regulation, to the educator preparation program in which the student is enrolled and to any school district or charter school that has made an inquiry to the department concerning the results of a record check of a student who has been placed in the school district or charter school for field experiences.
(b) The student shall provide, on a form approved by the department, additional school districts or charter schools in which the student has been placed for field experiences.
(c) When the Colorado bureau of investigation provides the department with an update regarding a student who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each education preparation program, school district, and charter school identified by the student as a school district or charter school in which the student has been placed for field experiences pursuant to this section.
(5) The department may establish and collect a fee that is based on the department's actual costs associated with administration of this section.
(6) As used in this section, unless the context otherwise requires:
chool district, and charter school identified by the student as a school district or charter school in which the student has been placed for field experiences pursuant to this section.
(5) The department may establish and collect a fee that is based on the department's actual costs associated with administration of this section.
(6) As used in this section, unless the context otherwise requires:
(a) "Charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22 or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
(b) "Convicted" or "conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court and also includes the forfeiture of any bail, bond, or other security deposited to secure the appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, the imposition of a deferred or suspended sentence by the court, or an agreement for a deferred prosecution approved by the court.
(c) "Educator preparation program" means an approved educator preparation program as defined in section 22-60.5-121 (1)(b).
(d) "Name-based judicial record check" means a background check performed using judicial department records that includes an individual's conviction and final disposition of case records.
(e) "Student" means a student enrolled in an educator preparation program who has been placed in a school district or charter school for a position that will provide field experiences to prepare the student to be a teacher or other school professional.
C.R.S. § 22-2-119.5 Department of education - duty to report - convictions
22-2-119.5. Department of education - duty to report - convictions. (1) Upon receiving a report from a court pursuant to section 13-1-130, C.R.S., that a person has been convicted of, pled guilty or nolo contendere to, or received a deferred sentence for an offense specified in subsection (2) of this section, the department shall immediately report such fact to the school district that is the current employer or the last-known employer of the person.
(2) The provisions of this section shall apply to the following offenses:
(a) A felony;
(b) A misdemeanor offense specified in section 18-7-302 (2)(b), C.R.S., or part 4 of article 3, part 4 of article 6, or part 4 of article 7 of title 18, C.R.S., or any counterpart municipal law of this state;
(c) 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.
C.R.S. § 22-2-120 Department of education - study of optimum school size and the feasibility of school district reorganization
22-2-120. Department of education - study of optimum school size and the feasibility of school district reorganization. (Repealed)
C.R.S. § 22-2-121 Department of education - funding for national academic award winners
22-2-121. Department of education - funding for national academic award winners. (Repealed)
C.R.S. § 22-2-121.5 National academic contest fund - balance of moneys - transfer
22-2-121.5. National academic contest fund - balance of moneys - transfer. (Repealed)
C.R.S. § 22-2-122 Grants to schools and school districts
22-2-122. Grants to schools and school districts. (1) (a) In preparing the application forms to be submitted by school districts or public schools when applying for grant moneys, except as otherwise required by statute, the department shall not require information from public schools or school districts which has been previously submitted to the department; except that this prohibition shall not apply to annual updates of information sought by the department.
(b) In preparing said application forms and in reviewing submitted applications, the department shall utilize a database of pertinent data previously received from, or otherwise obtained regarding, schools and school districts, so as to minimize the need to require schools and school districts to send duplicative information.
(2) Whenever, as part of a grant program, the department or a school or school district is required to prepare an evaluation of the effectiveness of the services provided using the grant moneys, the department shall compile the evaluations and make such evaluations readily available to all schools and school districts upon request. Any costs associated with the compilation and availability of such reports shall be paid from the amount appropriated to the department for costs incurred in administering such grant programs.
(3) (a) For each budget year, the department shall allocate to the boards of cooperative services established pursuant to article 5 of this title that provide a wide range of services described in section 22-5-118 to their member school districts, or school districts with student populations of less than four thousand students, an amount equal to one percent of the amount appropriated to all education grant programs for that fiscal year, or two hundred fifty thousand dollars, whichever is less. The amount allocated to the boards of cooperative services pursuant to this subsection (3) shall be taken from the amounts appropriated to all education grant programs. In the event the department allocates two hundred fifty thousand dollars, such amount shall be taken from each education grant program in the same proportion that the amount appropriated for that fiscal year to the education grant program bears to the total amount appropriated for that fiscal year to all education grant programs.
(b) The department shall proportionately divide the moneys allocated pursuant to this subsection (3) among the boards of cooperative services described in paragraph (a) of this subsection (3) on a per school district basis, based on the total number of school districts that have student populations of less than four thousand students and are members of boards of cooperative services that shall receive moneys pursuant to this subsection (3).
(c) The boards of cooperative services that receive moneys pursuant to this subsection (3) shall only use such moneys to assist member school districts and schools in applying for grants from education grant programs. One or more boards of cooperative services may use the moneys allocated pursuant to this subsection (3) jointly to provide services to member school districts from more than one board of cooperative services.
C.R.S. § 22-2-122.5 COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal
22-2-122.5. COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
(a) Ongoing gaps in learning opportunities for students, including opportunities for underserved students and communities, and disrupted learning have accelerated due to the unprecedented changes to the student learning environment and access to education due to the presence of the COVID-19 virus in Colorado;
(b) Pursuant to state and federal law, there may be a variety of programs and funding available to local education providers to address these learning impacts through extended learning opportunities. However, not all local education providers have the necessary resources, whether time, staff, or expertise, to navigate various funding opportunities.
(c) Because local education providers in communities across the state may have different needs with respect to addressing COVID-19 learning impacts, and because the funding available to address learning impacts may be tied to different goals and objectives, it is more efficient and a better use of the resources of both the department and local education providers to create a streamlined process for local education providers to access funding for extended learning opportunities based on the specific needs of the local education provider;
(d) Rather than completing multiple applications with different deadlines, the department has the ability to create a needs-based approach to the award of grants and other sources of funding, creating a robust process of matching a local education provider's needs with the extended learning opportunities that meet those needs; and
(e) The combined administration of grant programs and other funding sources allows for more efficient reporting on the use and the impact of the funding, as well as the opportunity, with sufficient appropriations, to conduct more robust evaluations of the outcomes and overall effectiveness of the extended learning opportunities implemented at the local level. The department of education is uniquely positioned to use the data collected locally to share best practices statewide for the effective implementation of extended learning opportunities that lead to academic gains across student demographic groups.
(2) As used in this section, unless the context otherwise requires:
(a) "Extended learning opportunities" means a program or method of academic support beyond standard programming or school practice that takes place either outside of normal school hours or outside of the regular school program. "Extended learning opportunities" include supplemental programming that allows a local education provider to provide supplemental education targeted at opportunity gaps and recovering from disrupted learning due to the presence of COVID-19 in the state. Examples of "extended learning opportunities" include but are not limited to summer school programming, extended school days or extended school weeks, high-impact tutoring, creative enrichment tied to academic gains, social-emotional supports, and additional mental health supports tied to academic success. "Extended learning opportunities" do not include an education voucher, scholarship, or savings account.
"extended learning opportunities" include but are not limited to summer school programming, extended school days or extended school weeks, high-impact tutoring, creative enrichment tied to academic gains, social-emotional supports, and additional mental health supports tied to academic success. "Extended learning opportunities" do not include an education voucher, scholarship, or savings account.
(b) "Local education provider" means:
(I) A school district organized pursuant to article 30 of this title 22;
(II) A board of cooperative services created pursuant to article 5 of this title 22;
(III) A charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22;
(IV) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22; and
(V) Any other provider of public preschool through secondary school education in the state that is eligible to receive grants or other funding administered by the department pursuant to this section, regardless of the source, to address learning impacts resulting from the presence of the COVID-19 virus in the state.
(3) To the extent possible, the department shall streamline the application process and other requirements for various extended learning opportunities that address learning impacts resulting from the presence of the COVID-19 virus in the state. The department is authorized to:
(a) Create a single, combined application for local education providers to apply for grant programs or other sources of funding, regardless of the funding source, for extended learning opportunities that address the needs of the local education provider and for which the local education provider is eligible, and, to the extent possible, to align the application process and deadlines;
(b) Identify one or more extended learning opportunities and funding sources that match the needs identified by the local education provider;
(c) Create streamlined data collection and common reporting requirements for local education providers for extended learning opportunities administered pursuant to this section that reduce burdens on local education providers, minimizing the need for a local education provider to provide the same information more than one time or to provide information that has previously been provided to the department, with reporting deadlines to the department that facilitate the department's reporting pursuant to subsection (3)(d) of this section;
(d) Streamline annual reporting by the department to the governor and executive branch agencies and to the general assembly concerning extended learning opportunities administered pursuant to this section, allowing combined reports and common deadlines, with reporting commencing by or before the department's annual presentation to the legislative committee of reference in January 2023, pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", created in part 2 of article 7 of title 2; and
(e) Subject to available funding for the evaluation of one or more extended learning opportunities, create common data collection and evaluation criteria and metrics for all extended learning opportunities being evaluated.
(4) The single, combined application to apply for funding for extended learning opportunities pursuant to subsection (3)(a) of this section, regardless of the funding source, must include, at a minimum:
(a) The local education provider's plan to utilize the funding to implement extended learning opportunities, including the type of extended learning opportunity, the number of students to be served, the estimated cost of implementing the extended learning opportunity, and whether the local education provider will contract with any third-party extended learning opportunity provider, and, if so, the name of the proposed provider and the amount of the proposed contract;
ment extended learning opportunities, including the type of extended learning opportunity, the number of students to be served, the estimated cost of implementing the extended learning opportunity, and whether the local education provider will contract with any third-party extended learning opportunity provider, and, if so, the name of the proposed provider and the amount of the proposed contract;
(b) A description of the local education provider's internal progress-monitoring and reporting system, as described in subsection (7) of this section;
(c) The local education provider's time frame for implementing the extended learning opportunity; and
(d) A description of the local education provider's staff and family engagement efforts to determine the community-informed extended learning opportunity that best meets the needs of the local education provider.
(5) The streamlined data collection and common reporting requirements for local education providers pursuant to subsection (3)(c) of this section are subject to the department's data privacy and suppression policies that are aligned to the "Student Data Transparency and Security Act", article 16 of this title 22, and the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. The streamlined data collection and common reporting requirements must include, at a minimum:
(a) A description of the extended learning opportunity and its implementation by the local education provider receiving funding;
(b) Whether the local education provider contracted with a third-party extended learning opportunity provider, and, if so, the name of the provider and the amount of the contract;
(c) Data concerning the number of students served by the local education provider as a result of the funding and demographic information for students served; and
(d) Data and information concerning student academic outcomes, as defined by the local education provider as part of the application, that are associated with the implementation and monitoring of the extended learning opportunity.
(6) The department's reporting to the general assembly pursuant to subsection (3)(d) of this section must include, at a minimum, a summary of the reports submitted by local education providers pursuant to subsection (5) of this section, data and information relevant to student outcomes resulting from the implementation of the extended learning opportunity, and the overall effectiveness of the extended learning opportunity. Notwithstanding section 24-1-136 (11)(a)(I), the department's annual reporting to the general assembly pursuant to subsection (3)(d) of this section continues so long as extended learning opportunities are administered by the department pursuant to this section.
(7) A local education provider receiving funding to implement an extended learning opportunity shall establish an internal progress-monitoring system to monitor progress using family- and community-informed practices to measure the effectiveness of the extended learning opportunity through student educational gains. The internal progress-monitoring system must allow for reporting on specific student demographic categories, allowing the sharing of best practices across student demographics and across the state.
(8) (a) Notwithstanding the provisions of this section, the department shall ensure that eligibility requirements, application requirements, allowable uses of funding, data collection and reporting, and any other requirements specific to the extended learning opportunity or funding source are met for all extended learning opportunities and related grant programs administered pursuant to this section.
(a) Notwithstanding the provisions of this section, the department shall ensure that eligibility requirements, application requirements, allowable uses of funding, data collection and reporting, and any other requirements specific to the extended learning opportunity or funding source are met for all extended learning opportunities and related grant programs administered pursuant to this section.
(b) The department shall reserve a proportionate share of the money available for state-funded grants for extended learning opportunities for rural local education providers, as determined by the department, and is encouraged to reserve a proportionate share of federal funding for implementation of extended learning opportunities by rural local education providers.
(9) If required by law and subject to available appropriations, the department shall evaluate one or more extended learning opportunities implemented across local education providers using a common set of evaluation criteria and metrics.
(10) The state board may adopt any rules necessary for the implementation of this section.
(11) The general assembly may annually appropriate money to the department for the implementation of state-funded extended learning opportunities by local education providers.
(12) This section is repealed, effective July 1, 2026.
C.R.S. § 22-2-123 Eligible facilities education task force - creation - membership - duties - repeal
22-2-123. Eligible facilities education task force - creation - membership - duties - repeal. (Repealed)
C.R.S. § 22-2-124 Family literacy education grant program - rules - repeal
22-2-124. Family literacy education grant program - rules - repeal. (Repealed)
C.R.S. § 22-2-125 Loan program for capital improvements in growth school districts - use of public school fund
22-2-125. Loan program for capital improvements in growth school districts - use of public school fund. (1) For purposes of this section:
(a) "Capital improvement" means:
(I) The acquisition or purchase of buildings or grounds;
(II) The enlargement, improvement, remodeling, repairing, or making of additions to any school building;
(III) The construction or erection of school buildings;
(IV) The equipping or furnishing of any school building, but only in conjunction with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building; or
(V) The improvement of school grounds.
(b) "Growth district" means any district whose supplemental pupil enrollment exceeded the district's pupil enrollment for the most recently completed budget year by a number greater than one percent of the district's pupil enrollment for that budget year or fifty pupils, whichever is less.
(2) As authorized under the provisions of section 3 of article IX of the state constitution, the state treasurer may make loans to growth districts for the purpose of funding capital improvements. The procedures for the making of loans shall be determined by the state treasurer subject to the following:
(a) No loan shall be authorized for any capital improvement that has not been approved by the state board in accordance with subsection (3) of this section.
(b) No loan shall be authorized in an amount other than the amount determined by the state board unless the state board approves the change in the loan amount; except that the state board shall not authorize an amount of a loan for any growth district that exceeds ten percent of the amount of the public school fund that the state treasurer has determined may be loaned out in accordance with subsection (5) of this section.
(c) No loan shall be authorized unless the debt is approved by the voters of the growth district.
(d) No loan shall be authorized unless the method for repayment of the loan is specified in the application. If the loan is to be repaid from a property tax mill levy, such levy must be approved at the same election that authorized the creation of the debt.
(e) The loan shall be made as soon as possible upon approval of the loan by the state board.
(3) (a) On and after January 1, 2003, a growth district may apply to the state board for a loan of public school fund moneys to be used by the growth district to pay for one or more capital improvements. The amount of the loan requested shall be an amount equal to the full cost of the capital improvement or a lesser amount that in combination with other financial resources of the growth district shall allow the capital improvement to be completed. The loan application shall be in a form prescribed by the state board and shall include:
(I) A description of the capital improvement for which a loan is sought and a statement of the reasons why the capital improvement is necessary;
(II) A timeline for completion of the capital improvement;
(III) A building permit for the capital improvement, if applicable;
(IV) A statement of the amount of the loan requested together with an estimate of the cost of the capital improvement prepared by a qualified builder or contractor. If the amount of the loan requested differs from the amount of the estimate of the cost of the capital improvement, the growth district shall also provide an explanation for the difference.
(V) A plan for repaying the loan, including a proposed repayment schedule;
(VI) A statement of the amount of moneys from other sources, if any, that the growth district intends to use to help defray the costs of the capital improvement; and
(VII) Any additional information that the state board may reasonably require, by rules promulgated in accordance with article 4 of title 24, C.R.S., to help it determine whether or not to approve the loan application.
ment schedule;
(VI) A statement of the amount of moneys from other sources, if any, that the growth district intends to use to help defray the costs of the capital improvement; and
(VII) Any additional information that the state board may reasonably require, by rules promulgated in accordance with article 4 of title 24, C.R.S., to help it determine whether or not to approve the loan application.
(b) To ensure that a growth district applying for a loan can move forward with any capital improvements quickly or develop alternative financing strategies without undue delay, the state board shall approve or disapprove a loan application no later than forty-five days after the application is submitted. To ensure that loan applications can be processed efficiently, the state board may delegate the authority to approve loan applications to a designated employee of the department. The state board or its designee shall consider all of the information in an application before approving or disapproving the application and a growth district whose loan application is denied shall have no right to further review by the state board or its designee.
(4) The state board shall establish a repayment schedule that shall require the growth district to make monthly payments on the loan and fully repay all moneys borrowed within ten years after the date a loan is made available pursuant to subsection (2) of this section.
(5) The state treasurer shall determine the amount of the public school fund that may be loaned out pursuant to this section and the rate of interest to be charged on loans. The state treasurer shall charge interest on loans made at a rate designed to match the rate of interest derived from the deposit and investment of moneys in the public school fund. Payments of the principal of and interest on all loans shall be returned to the fund.
(6) The general assembly shall appropriate money from the general fund to restore moneys to the public school fund, together with interest, that are lost by reason of the failure of any school district to repay a loan made pursuant to this section.
C.R.S. § 22-2-126 On-line education programs - study - report - repeal
22-2-126. On-line education programs - study - report - repeal. (Repealed)
C.R.S. § 22-2-127 Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal
22-2-127. Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Colorado application for state financial aid" or "CASFA" means the application to determine student financial need and eligibility for state financial aid programs using federal FAFSA methodology, or any successor form.
(b) "Financial literacy" means knowledge of personal finances that is sufficient to enable a person to manage savings, investment, and checking accounts; to design and maintain a household budget; to manage personal debt; to understand consumer credit and finance; to manage personal credit options; to assess the affordability of and how to budget for postsecondary education; to understand the purpose of and how to access and complete the FAFSA or CASFA to access student financial aid; to understand the home buying process, including home loans and managing mortgage debt; and to understand and select from short-term and long-term investment options.
(c) "Free application for federal student aid" or "FAFSA" means the federal application used to determine student financial need and eligibility for federal student aid programs, or any successor form.
(2) The state board shall create and maintain a resource bank of materials pertaining to financial literacy. At a minimum, the resource bank shall include national model standards for financial literacy, model programs of instruction for financial literacy, model financial literacy curricula, and model materials for professional educator development in teaching financial literacy. The resource bank shall also include a list of the available mathematics and economics textbooks that contain substantive provisions on personal finance, including personal budgeting, credit, debt management, and similar personal finance topics. The state board shall ensure that the materials included in the resource bank represent the best practices in the teaching of financial literacy. The materials in the resource bank shall be available to school districts not later than March 15, 2005.
(2.5) In addition to the materials included in the resource bank pursuant to subsection (2) of this section, the resource bank must also include information concerning financial aid planning for postsecondary education expenses; information concerning the benefits of completing and submitting the FAFSA, or, for students who are not eligible for financial aid pursuant to Title IV, Part B of the federal "Higher Education Act of 1965", as amended, the CASFA; and electronic links to the FAFSA and CASFA and instructions for completing the FAFSA and CASFA.
(3) Upon the request of a school district or a charter school, the department shall provide technical assistance to the school district or charter school in designing a curriculum of financial literacy.
(4) The department shall implement the provisions of this section to the fullest degree possible within existing resources. The department shall contract with one or more entities for the implementation of this section.
(5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, creation of a resource bank of materials pertaining to financial literacy is an important element of an accountable program to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
ral assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, creation of a resource bank of materials pertaining to financial literacy is an important element of an accountable program to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(6) The department is authorized to accept and expend any gifts, grants, or donations that may be available from any private or public sources for the implementation of this section. All private and public funds received through gifts, grants, or donations pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the financial literacy cash fund, which fund is hereby created and referred to in this subsection (6) as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this section. Any moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(7) (a) The department, in collaboration with the department of higher education, shall:
(I) Update financial literacy information and training provided to local education providers to include detailed resources and tools about financial aid, access to financial aid tools, and applications and processes beginning in middle school or earlier; and
(II) Develop financial literacy training options aligned with financial aid information, federal and state application processes, and underlying financial literacy principles, such as in-demand, high-wage jobs and the necessary training leading to those jobs. The department shall prioritize providing training to financial literacy educators, career and technical education instructors, counselors, and professionals, such as those working in family engagement.
(b) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department two hundred seventy-five thousand dollars from the general fund for the programs pursuant to this subsection (7). Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation:
(I) Does not revert to the general fund or any other fund;
(II) May be used by the department in the 2023-24 or 2024-25 state fiscal year without further appropriation; and
(III) Must not be used for any other purpose other than the purposes set forth in this subsection (7).
(c) This subsection (7) is repealed, effective July 1, 2025.
C.R.S. § 22-2-127.1 Stipends for financial aid training - definitions - appropriation - repeal
22-2-127.1. Stipends for financial aid training - definitions - appropriation - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Eligible participant" means an educator who successfully completes training in financial aid information approved by the department.
(b) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
(c) "Training to improve financial aid information available to students and families" or "training" means a training conducted by the department of higher education and approved by the department with an emphasis on improving the completion rate of students completing the free application for federal student aid and the Colorado application for state financial aid.
(2) Beginning with the 2022-23 state fiscal year, for eligible participants who successfully complete training to improve financial aid information available to students and families, the department, subject to available appropriations, shall award to the eligible participant a one-time stipend in the amount of five hundred dollars.
(3) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department two hundred thousand dollars from the general fund to be used for the stipends pursuant to this section. Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation:
(a) Does not revert to the general fund or any other fund;
(b) May be used by the department in the 2023-24 or 2024-25 state fiscal years without further appropriation; and
(c) Must not be used for any other purpose other than the purposes set forth in this section.
(4) This section is repealed, effective July 1, 2025.
C.R.S. § 22-2-127.3 Holocaust and genocide studies - resource bank - technical assistance - definitions
22-2-127.3. Holocaust and genocide studies - resource bank - technical assistance - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Genocide" has the same meaning as set forth in section 22-1-104.7 (1)(a).
(b) "Holocaust" has the same meaning as set forth in section 22-1-104.7 (1)(b).
(c) "Holocaust and genocide studies" has the same meaning as set forth in section 22-1-104.7 (1)(c).
(2) (a) The department shall create and maintain a publicly available resource bank of materials pertaining to Holocaust and genocide courses and programs. At a minimum, the resource bank must include:
(I) Sample academic content standards for Holocaust and genocide studies;
(II) Sample programs of instruction for Holocaust and genocide studies;
(III) Samples of Holocaust and genocide studies learning resources, including first-person testimony;
(IV) Sample materials for professional educator development in teaching Holocaust and genocide studies; and
(V) Case studies on the Holocaust and genocides, including but not limited to the Armenian Genocide.
(b) The department shall ensure that the materials included in the resource bank represent the best practices in teaching Holocaust and genocide studies, and the department shall seek input from experts in the area of Holocaust and genocide studies in compiling the materials.
(c) The department shall ensure that the resource bank is available for access by school districts, charter schools, boards of cooperative services, and the public by July 1, 2021.
(3) To the extent such resources and tools are readily available to the department, the resource bank may also:
(a) Identify existing resources and tools that provide opportunities for experts in Holocaust and genocide studies to be paired with a teacher in the classroom to co-teach courses in Holocaust and genocide studies; and
(b) Include a listing of schools and school districts that are interested in finding experts who wish to volunteer to co-teach courses in Holocaust and genocide studies and a listing of experts who are interested in volunteering to co-teach such courses.
(4) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
C.R.S. § 22-2-127.5 Computer science programs - resource bank
22-2-127.5. Computer science programs - resource bank. (1) (a) The department shall create and maintain a publicly available resource bank of materials pertaining to computer science courses and programs. At a minimum, the resource bank must include sample academic content standards for computer science education, sample programs of instruction for computer science, samples of computer science learning resources, and sample materials for professional educator development in teaching computer science. The department shall ensure that the materials included in the resource bank represent the best practices in teaching computer science and shall seek input from experts in the area of computer science in creating and compiling the materials.
(b) The department shall ensure that the resource bank is available for access by school districts, charter schools, boards of cooperative services, and the public by July 1, 2018.
(c) The department shall implement the provisions of this section to the fullest degree possible within existing resources. The department may contract with one or more entities in implementing this section.
(2) A school district, charter school, or board of cooperative services may choose whether to provide classes in computer science and whether to use the materials in the resource bank to provide those classes.
(3) The resource bank may also identify existing resources and tools that provide opportunities for industry experts in computer science and technology to be paired with a teacher in the classroom to co-teach courses in computer science. The resource bank may also include a listing of schools and school districts that are interested in finding industry experts who wish to volunteer to co-teach computer science courses, and a listing of industry experts who are interested in volunteering to co-teach computer science courses.
(4) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department shall not create the resource bank pursuant to this section unless the department receives sufficient gifts, grants, or donations to implement this section.
C.R.S. § 22-2-127.7 Marijuana education materials - resource bank - technical assistance
22-2-127.7. Marijuana education materials - resource bank - technical assistance. (1) (a) The department, with assistance from the department of public health and environment, shall create and maintain a resource bank of evidence-based, research-based, and promising program materials and curricula pertaining to marijuana, which materials and curricula may be used in elementary and secondary schools in the state. In creating the resource bank and curricula, the department, with the marijuana educational oversight committee established pursuant to section 24-20-112 (4), shall solicit input from persons both inside and outside of the marijuana industry. Subject to available appropriations, the department shall solicit requests for information and may contract for:
(I) The organization and enhancement of the resource bank, including materials on the prevention of marijuana use and education on medical and retail marijuana;
(II) The development of marijuana curricula for schools and providing such curricula to schools; and
(III) Training for educators and school staff concerning marijuana.
(b) The resource bank created pursuant to subsection (1)(a) of this section may be known as the "Jack Splitt Memorial Marijuana Resource Bank".
(2) On and after July 1, 2017, the department shall make material in the resource bank available without charge to school districts, charter schools, and boards of cooperative services. At the request of a school district, charter school, or board of cooperative services, the department shall provide technical assistance to the school district, charter school, or board of cooperative services in designing age-appropriate curricula pertaining to marijuana use.
(3) After the resource bank and curricula are available, school districts, charter schools, and boards of cooperative services are encouraged to report to the department on the effectiveness of the resource bank and curricula and to recommend changes to improve the resource bank or curricula. The department is encouraged to update the resource bank and curricula based on recommendations from school districts, charter schools, and boards of cooperative services.
C.R.S. § 22-2-127.8 Social media impacts on mental health education literacy - resource bank - technical assistance - reporting - definition
22-2-127.8. Social media impacts on mental health education literacy - resource bank - technical assistance - reporting - definition. (1) (a) The department shall create and maintain a resource bank of existing evidence-based, research-based scholarly articles and promising program materials and curricula pertaining to the mental and physical health impacts of social media use by youth, internet safety, and cybersecurity. The department shall convene a temporary stakeholder group to assist with the creation and development of a plan for ongoing maintenance of the resource bank by the department. The stakeholder group shall also identify avenues for informing local education providers, parents, youth, and the public about the resource bank. The materials and curricula may be used in elementary and secondary schools in the state. To the extent possible, the resource bank materials, scholarly articles, and curricula must be youth-friendly, culturally sensitive, and available in both English and Spanish, and may include internet links to scholarly articles, resources, and materials about the mental and physical health impacts of social media use, internet safety, and cybersecurity from entities that the department finds reliable.
(b) To create the resource bank described in subsection (1)(a) of this section, the department shall convene a temporary stakeholder group to identify the scholarly articles, materials, and curricula that will be a part of the resource bank.
(c) The stakeholder group must consist of no more than fifteen members, including a department representative and, when possible, a person or people representing each of the following: Educators; school mental health professionals; parents; youth between the ages of eighteen to twenty-five; public health advocacy non-profits; an expert in technology such as a cybersecurity expert, a representative from a technology industry association, or a technology engineer; and youth mental health professionals such as a social worker, child adolescent psychiatrist, or other professional specializing in youth mental health.
(d) When possible, as part of the resource bank, the department, with assistance from the stakeholder group, shall identify what grade or age-group materials are appropriate for, and when possible, when a material could be used for a standard within the comprehensive health education standards.
(2) On and after July 1, 2025, the department shall make the materials in the resource bank available without charge to local education providers, professional educators, parents or guardians of youth, students, and community providers. A local education provider is not required to adopt or implement any material or curricula from the resource bank. At the request of a local education provider, the department shall provide technical assistance to the local education provider in designing age-appropriate curricula pertaining to mental health.
(3) The materials and resources in the resource bank that are available to youth must be developed and updated with input from youth.
(4) Local education providers are encouraged to report to the department on the effectiveness of the resource bank materials and curricula and to recommend changes to improve the materials and curricula. The department is encouraged to update the resource bank materials and curricula based on recommendations from local education providers, professional educators, parents or guardians of youth, students, and community providers.
(5) The department shall collect disaggregated data on how often the materials and curricula are accessed and include that information at the department's annual "SMART Act" hearing held pursuant to part 2 of article 7 of title 2.
terials and curricula based on recommendations from local education providers, professional educators, parents or guardians of youth, students, and community providers.
(5) The department shall collect disaggregated data on how often the materials and curricula are accessed and include that information at the department's annual "SMART Act" hearing held pursuant to part 2 of article 7 of title 2.
(6) As used in this section, unless the context otherwise requires, "local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, the Colorado school for the deaf and the blind authorized pursuant to section 22-80-102, an approved facility school as defined in section 22-2-402, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
C.R.S. § 22-2-127.9 Mental health education literacy - resource bank - technical assistance
22-2-127.9. Mental health education literacy - resource bank - technical assistance. (1) The department, with assistance from the office of suicide prevention created pursuant to section 25-1.5-101 (1)(w)(I), the Colorado youth advisory council created pursuant to section 2-2-1302, and the suicide prevention commission created pursuant to section 25-1.5-111, shall create and maintain a resource bank of evidence-based, research-based, and promising program materials and curricula pertaining to mental health and comprehensive suicide prevention, as that term is defined in section 25-1.5-112. These materials and curricula may be used in elementary and secondary schools in the state. The resource bank and curricula must be youth-friendly, culturally sensitive, and available in both English and Spanish. In creating the resource bank and curricula, the department may provide internet links to resources and materials pertaining to mental health available from other entities that the department finds reliable. Additionally, the department shall solicit input from persons, including youth, within and outside of the mental health profession, including both community and school mental health professionals. Subject to available appropriations, the department shall solicit requests for information and may contract for:
(a) The organization and enhancement of the resource bank, including materials on the prevention of suicide, the after-effects of suicide attempts and suicide deaths, and postvention training, and education on mental and behavioral health;
(b) The development of mental and behavioral health and suicide prevention, intervention, and postvention curricula for schools and providing such curricula to schools; and
(c) Training for educators and school staff concerning mental and behavioral health and suicide prevention.
(2) On and after July 1, 2020, the department shall make material in the resource bank available without charge to school districts, charter schools, institute charter schools, boards of cooperative services, professional educators, parents or guardians of youth, students, and community providers. At the request of a school district, charter school, institute charter school, or board of cooperative services, the department shall provide technical assistance to the school district, charter school, institute charter school, or board of cooperative services in designing age-appropriate curricula pertaining to mental health.
(3) The materials and resources available to students must be developed and updated with input from youth.
(4) School districts, charter schools, institute charter schools, and boards of cooperative services are encouraged to report to the department on the effectiveness of the resource bank and curricula and to recommend changes to improve the resource bank or curricula. The department is encouraged to update the resource bank and curricula based on recommendations from school districts, charter schools, institute charter schools, boards of cooperative services, professional educators, parents or guardians of youth, students, and community providers.
C.R.S. § 22-2-128 Department of education - reciprocal agreements with adjacent states - report
22-2-128. Department of education - reciprocal agreements with adjacent states - report. (1) The department shall, to the extent that each state that is adjacent to Colorado is agreeable, negotiate a reciprocal agreement with each such state to allow a child who is a resident of one state to attend a public school in the other state without paying tuition when the geographic conditions or distances are such that it would be impracticable for the child to attend the schools of his or her own state.
(2) On or before January 31, 2007, the department shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to a list of the states that are adjacent to Colorado that have entered into a reciprocal agreement with Colorado pursuant to subsection (1) of this section.
C.R.S. § 22-2-129 Department of education - approved supplemental education services providers - list
22-2-129. Department of education - approved supplemental education services providers - list. (Repealed)
C.R.S. § 22-2-130 Supplemental online education grant program - legislative declaration - definitions - creation - eligibility - award - fund
22-2-130. Supplemental online education grant program - legislative declaration - definitions - creation - eligibility - award - fund. (1) The general assembly finds that:
(a) Online education courses that are supplemental to the education program provided by a school district, charter school, or BOCES are a valuable resource for schools because they allow a school district, charter school, or BOCES to provide a much richer, more varied curriculum of courses for students at all levels of achievement. Further, enrollment in such courses decreases the need for college remediation and helps prepare students to meet higher education admission guidelines.
(b) Although small or rural school districts, charter schools, and BOCES may have the greatest need for supplemental online education, these school districts, charter schools, and BOCES may face financial or technical barriers when attempting to provide supplemental online education courses to their students. Often these barriers are conquerable but out of reach for these school districts, charter schools, and BOCES.
(b.5) Educational programs provided for students in out-of-home placement or through day treatment facilities are generally small and have difficulty accessing resources or employing a large number of teachers. Supplemental online education courses are especially helpful and necessary for facility schools to enable them to provide a much wider variety of courses and to help their students meet graduation standards.
(c) It is therefore in the best interests of the state to help small or rural school districts, charter schools, BOCES, and facility schools provide supplemental online education courses to their students by allowing these school districts, charter schools, facility schools, and BOCES to apply for grants to help them overcome their financial and technical barriers.
(2) As used in this section, unless the context otherwise requires:
(a) "BOCES" means a board of cooperative services created pursuant to article 5 of this title, all member school districts of which are eligible school districts.
(b) "Eligible charter school" means:
(I) A charter school that is authorized by an eligible school district pursuant to part 1 of article 30.5 of this title and that does not operate an online program or as an online school; or
(II) An institute charter school that is authorized pursuant to part 5 of article 30.5 of this title, that enrolls fewer than three thousand students, as determined by the institute charter school's pupil enrollment certified by the state charter school institute on behalf of the institute charter school to the state board pursuant to section 22-30.5-513 (3)(a), and that does not operate an online program or as an online school.
(c) "Eligible school district" means a school district that does not export an online program or online school to students receiving the program at a location outside of the school district's geographic boundaries and that enrolls fewer than three thousand students, as determined by the school district's pupil enrollment certified to the state board pursuant to section 22-54-112.
(c.5) "Facility school" means an approved facility school as defined in section 22-2-402 (1).
(d) "Grant program" means the supplemental online education grant program created in subsection (3) of this section.
(e) "Provider" means an entity that sells supplemental online education courses that are taught by employees of the provider who are teachers licensed in Colorado pursuant to article 60.5 of this title.
school" means an approved facility school as defined in section 22-2-402 (1).
(d) "Grant program" means the supplemental online education grant program created in subsection (3) of this section.
(e) "Provider" means an entity that sells supplemental online education courses that are taught by employees of the provider who are teachers licensed in Colorado pursuant to article 60.5 of this title.
(f) "Supplemental online education course" means an education course that is:
(I) Taught by a teacher who is licensed pursuant to article 60.5 of this title;
(II) Delivered via an internet format to one or more students at a location that is remote from the delivery point; and
(III) Purchased by an eligible school district, eligible charter school, BOCES, or facility school from a provider to augment the education program provided by the eligible school district, eligible charter school, BOCES, or facility school.
(3) There is hereby created the supplemental online education grant program to assist an eligible school district, an eligible charter school, a BOCES, or a facility school in providing supplemental online education courses to students. Subject to available appropriations, the state board shall award grants pursuant to this section to assist eligible school districts, eligible charter schools, BOCES, and facility schools in removing financial and technical barriers to providing supplemental online education courses. Grants awarded pursuant to this section shall be used for one or more of the following purposes:
(a) As additional reimbursement for the cost of purchasing supplemental online education courses; or
(b) To increase the eligible school district's, eligible charter school's, BOCES's, or facility school's ability to access supplemental online education courses by:
(I) Providing technical equipment or hiring technical specialists to audit and configure computer networks;
(II) Providing staff development and training for on-site personnel; or
(III) Providing financial assistance to help hire site coordinators or other personnel needed to facilitate online access.
(4) An eligible school district, an eligible charter school, a BOCES, or a facility school may apply to the department, in accordance with the procedures and time frames adopted by rule of the state board pursuant to subsection (5) of this section, to receive moneys through the grant program. The department shall administer the grant program as provided in this section.
(5) The state board shall promulgate rules specifying the procedures and time frames for applying for a grant, the form of the grant application, the information to be provided by the applicant, and any criteria for awarding grants that are in addition to those specified in paragraph (b) of subsection (6) of this section.
(6) (a) The department shall review each grant application received pursuant to this section and shall make recommendations to the state board concerning whether the grant should be awarded and the amount of the grant.
n, the information to be provided by the applicant, and any criteria for awarding grants that are in addition to those specified in paragraph (b) of subsection (6) of this section.
(6) (a) The department shall review each grant application received pursuant to this section and shall make recommendations to the state board concerning whether the grant should be awarded and the amount of the grant.
(b) In selecting grant recipients, the state board shall give priority to grant applications from eligible school districts, eligible charter schools, BOCES, or facility schools that have been financially or technologically unable to provide supplemental online education courses in the past and that demonstrate the greatest need for a grant to be able to begin providing supplemental online education courses. In addition, the state board shall consider:
(I) The degree to which students enrolled in the eligible school district or eligible charter school, or in a school operated by a BOCES or in a facility school require supplemental online education courses to be able to meet the higher education admission standards adopted by the Colorado commission on higher education; and
(II) Other revenue sources available to the eligible school district, eligible charter school, BOCES, or facility school to assist in overcoming the financial and technological barriers to providing supplemental online education programs.
(c) A grant awarded pursuant to this section shall not exceed five thousand dollars in a fiscal year. An eligible school district, an eligible charter school, a BOCES, or a facility school may receive grants in consecutive years.
(7) (a) The general assembly shall annually appropriate to the department of education, from federal mineral leasing revenues transferred to the state public school fund pursuant to section 34-63-102, C.R.S., and section 22-54-114 (1), an amount to be used for purposes of this section.
(b) The department may expend up to two percent of the moneys annually appropriated for the grant program to offset the direct and indirect costs incurred in implementing the grant program pursuant to this section.
(8) Repealed.
C.R.S. § 22-2-131 Data technology system - comprehensive review - requirements - report - repeal
22-2-131. Data technology system - comprehensive review - requirements - report - repeal. (Repealed)
C.R.S. § 22-2-132 Department of education - career and technical education authorization - rules
22-2-132. Department of education - career and technical education authorization - rules. (1) In accordance with the state plans for occupational education that the state board for community colleges and occupational education adopts pursuant to section 23-60-304, C.R.S., the department shall issue authorizations to teachers of occupational subjects, teacher-trainers, supervisors, directors, occupational counseling specialists, and others who have responsibilities in connection with occupational education at the secondary level. Before issuing an authorization pursuant to this section, the department shall determine that the person applying for the authorization meets the minimum qualifications that the state board for community colleges and occupational education establishes pursuant to section 23-60-304 (3)(a), C.R.S. A person who is required by law to obtain an educator license or authorization pursuant to article 60.5 of this title may obtain a career and technical education authorization pursuant to section 22-60.5-111 (9) rather than an authorization pursuant to this section.
(2) (Deleted by amendment, L. 2015.)
(3) The state board of education shall promulgate such rules as may be necessary to implement this section. At a minimum, the rules must establish the amount of and procedures for the department to collect a fee for issuing an authorization pursuant to this section and section 22-60.5-112.
C.R.S. § 22-2-133 Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report
22-2-133. Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report. (1) On or before August 1, 2008, as part of its responsibility for education standards and practice, the department may make available technical assistance and training concerning issues faced by students with literacy challenges, including dyslexia, to school districts, administrative units as defined in section 22-20-103 (1), residential treatment facilities, correctional facilities, and other local education agencies throughout the state. The provision of any technical assistance and training pursuant to this subsection (1) shall not preclude the department from using federal funds to implement such technical assistance and training. Any technical assistance and training provided shall include, but need not be limited to, the areas of awareness, assessment, identification, and evidence-based progress monitoring, and shall include scientifically based interventions to address the needs of students with literacy challenges, including dyslexia. Any technical assistance and training provided shall represent a tiered continuum of intensity for intervention consistent with the response to intervention model that school districts are required to implement no later than August 15, 2009, pursuant to rules adopted by the department.
(2) The department is encouraged to coordinate any technical assistance and training provided with current best practices and work occurring in teacher preparation programs at institutions of higher education. Where appropriate, the department is encouraged to provide technical assistance and training to school districts, administrative units, residential treatment facilities, correctional facilities, and local education agencies in a coordinated effort with teacher preparation programs at institutions of higher education. The department and institutions of higher education are encouraged to work collaboratively to develop or affirm minimum standards for teacher preparation programs in the areas of literacy assessment and instructional skills, including dyslexia awareness, identification, and remediation for general and special education.
(3) On or before January 30, 2009, and on or before January 30 each year thereafter, the department shall report to the state board of education and to the education committees of the house of representatives and the senate, or any successor committees, concerning the activities and status of any technical assistance and training made available pursuant to this section.
(4) As used in this section, unless the context otherwise requires:
(a) "Literacy challenge" means a situation where a student is experiencing difficulty in reading in phonemic awareness, phonics, vocabulary, fluency, or comprehension.
(b) "Response to intervention" means a model for education developed pursuant to rules adopted pursuant to the "Exceptional Children's Educational Act", article 20 of this title, that promotes a well-integrated system connecting general, compensatory, gifted, and special education in providing high-quality, standards-based instruction and intervention that is matched to a student's academic, social-emotional, and behavioral needs.
C.R.S. § 22-2-134 Unique student identifier - early childhood education - rules
22-2-134. Unique student identifier - early childhood education - rules. (Repealed)
C.R.S. § 22-2-134.5 Early childhood education programs - quality rating system - report
22-2-134.5. Early childhood education programs - quality rating system - report. (Repealed)
C.R.S. § 22-2-135 Food allergy and anaphylaxis management - rules
22-2-135. Food allergy and anaphylaxis management - rules. (1) This section shall be known and may be cited as the "Colorado School Children's Food Allergy and Anaphylaxis Management Act".
(2) As used in this section, unless the context otherwise requires, "appropriate staff" means employees of a school whom the principal or equivalent executive in consultation with the school nurse of the school determines to be appropriate recipients of emergency anaphylaxis treatment training, which employees shall include, but need not be limited to, employees who are directly involved during the school day with a student who has a known food allergy.
(3) (a) On or before January 1, 2010, the state board of education, in consultation with the department of public health and environment, shall promulgate rules for the management of food allergies and anaphylaxis among students enrolled in the public schools of the state. The rules shall include, but need not be limited to, the following:
(I) Reasonable accommodations for communication between schools and emergency medical services, including instructions for emergency medical responders;
(II) Reasonable accommodations to reduce the risk of students' exposure to agents that may cause anaphylaxis, including but not limited to exposure that may occur in classrooms, cafeterias, and common areas and during extracurricular activities, field trips, school-sponsored programs occurring before and after regular school hours, and other school-sponsored programs;
(III) The provision of emergency anaphylaxis treatment training for appropriate staff to prepare them to respond appropriately in the event that a student suffers anaphylaxis as a result of an allergic reaction to food, which training shall include but need not be limited to training in the administration of self-injectable epinephrine; and
(IV) Procedures to ensure the availability of a student's self-injectable epinephrine to faculty and administrative staff of the school in the event that a student suffers anaphylaxis and requires emergency medical treatment.
(b) Prior to the beginning of each school year, each school district shall provide notice to a parent or legal guardian of each student enrolled in a school of the school district of the policy adopted by the school district pursuant to section 22-32-139. The notice shall include the standard form developed by the department of public health and environment pursuant to section 25-1.5-109, C.R.S., to allow the parent or legal guardian of a student with a known food allergy to provide the following information to the school's administration:
(I) Documentation regarding the diagnosis and history of the student's food allergy;
(II) Identification of all foods to which the student is known to be allergic;
(III) Identification of any medication that has been prescribed for the student for the treatment of a food allergy or anaphylaxis;
(IV) Any specific signs or symptoms that may indicate the student is having an allergic reaction to a food;
(V) Emergency treatment procedures to employ in the event that the student suffers an allergic reaction to food;
(VI) The names and telephone numbers of persons whom the administration of the student's school should contact in addition to emergency medical personnel in the event that the student suffers an allergic reaction to food; and
(VII) The name, telephone number, and signature of the student's primary health-care provider.
(c) The notice required by paragraph (b) of this subsection (3) shall include language that encourages parents and legal guardians of students for whom medication has been prescribed for treatment of a food allergy or anaphylaxis to give to the school nurse or other administrator of the student's school a supply of the medication.
C.R.S. § 22-2-136 Additional duty - state board - individual career and academic plans - standards - rules
22-2-136. Additional duty - state board - individual career and academic plans - standards - rules. (1) (a) The state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, to establish standards for individual career and academic plans for students enrolled in the public schools in the state.
(b) An individual career and academic plan must be designed to assist a student and the student's parent or legal guardian in exploring the postsecondary career and educational opportunities available to the student, including apprenticeship programs registered through the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by that office; aligning course work and curriculum; applying to postsecondary education institutions; securing financial aid; and ultimately entering the workforce. As part of the process of establishing the individual career and academic plan, the student and the student's parents must be made aware of the importance of completing the free application for federal student aid or the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid, and be provided help in completing the forms, if requested.
(2) In establishing the standards for individual career and academic plans, the state board shall ensure, at a minimum, that:
(a) Each individual career and academic plan includes a career planning and guidance component and a portfolio that reflects, at a minimum:
(I) The student's efforts in exploring careers, including interest surveys that the student completes;
(II) The student's academic progress, including the courses taken, any remediation or credit recovery, and any concurrent enrollment credits earned;
(III) For school districts and charter schools that choose to administer the developmental education placement or assessment tests, the student's scores on the developmental education placement or assessment tests administered pursuant to section 22-30.5-117, 22-30.5-526, or 22-32-109.5 (4), any intervention plan created for the student pursuant to those sections, and the student's progress in meeting the intervention plan;
(IV) The student's progress in visual arts and performing arts courses;
(V) The student's experiences in contextual and service learning;
(VI) The student's college applications and resume, as they are prepared and submitted; and
(VII) The student's postsecondary studies as the student progresses;
(b) Each individual career and academic plan is accessible to educators, students, and parents; and
(c) Each public school, in assisting students and parents in creating and maintaining the individual career and academic plans, is in compliance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.
C.R.S. § 22-2-137 State schools - legislative declaration - feasibility study - authority to contract - funding
22-2-137. State schools - legislative declaration - feasibility study - authority to contract - funding. (1) The general assembly finds that some states have created state and residential schools to provide educational programs and student support services for students who are at risk of academic failure. The general assembly further finds that early reports of results achieved by some of these schools indicate that this may be a promising approach to reducing the dropout rate, closing the achievement gaps, and helping to raise the level of academic achievement among students in the state. The general assembly therefore finds that it is appropriate for the commissioner to study the feasibility of creating one or more state schools in Colorado, which may include a residential component or a specific student population.
(2) Beginning in July 2009, the commissioner shall study the feasibility of operating one or more state schools to serve students who are in need of greater academic support and who may be at risk of academic failure. At a minimum, the feasibility study shall address and make recommendations concerning the following issues:
(a) The goals that a state school would be designed to achieve and a method for measuring the level of achievement of those goals. In addressing this issue, the commissioner shall provide an overview of the state and residential schools operating in other states, the goals that they are designed to achieve, and the degree to which they have achieved or are achieving those goals.
(b) The appropriate student population to be served by a state school and the manner of selecting students, the number of state schools that should be considered, and appropriate locations for state schools;
(c) The governance structure and funding for a state school, including the optimal level of per pupil funding, funding for capital construction needs, and potential public and private funding sources;
(d) The appropriate curriculum for a state school, including which grade levels a state school would serve, the length of the school day and school year for which a state school would operate, and whether a state school should include a focus on specific subject matter areas; and
(e) The types of student and family support services that a state school would provide, including the manner in which a state school would collaborate with state and local agencies in providing these services.
(3) On or before February 1, 2010, the department shall submit to the education committees of the house of representatives and the senate the feasibility study described in subsection (2) of this section for operating one or more state schools and any legislative recommendations the department may have pertaining to the creation of one or more state schools.
(4) (a) Following completion of the feasibility study, if the commissioner concludes that the creation and operation of state residential schools would be beneficial to the state, the commissioner may contract for the creation and operation of one or more state residential schools to provide educational services to students who are at risk of academic failure. Any state residential school operated pursuant to this section shall provide an educational program focused on mathematics and science.
tion and operation of state residential schools would be beneficial to the state, the commissioner may contract for the creation and operation of one or more state residential schools to provide educational services to students who are at risk of academic failure. Any state residential school operated pursuant to this section shall provide an educational program focused on mathematics and science.
(b) If the commissioner does not contract for state residential schools as authorized in paragraph (a) of this subsection (4), the commissioner may provide technical assistance to school districts and public schools to address the needs of students who are at risk of academic failure by improving the availability and quality of secondary-level mathematics and science curricula.
(5) (a) It is the intent of the general assembly that up to three million dollars be appropriated to the commissioner to expend for the implementation of subsection (4) of this section. The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the creation of state residential schools and the provision of technical assistance to improve secondary-level mathematics and science curricula as provided in subsection (4) of this section are important elements of accountable programs to meet state academic standards, and the general assembly may therefore appropriate moneys from the state education fund created in section 17 (4) of article IX of the state constitution for the implementation of subsection (4) of this section.
(b) In addition to the funding provided pursuant to paragraph (a) of this subsection (5), if the commissioner contracts for the creation and operation of one or more state residential schools, the department shall provide funding for said schools by withholding moneys from the state share of total program funding payable to the district of residence of each student who enrolls in a state residential school. The amount withheld shall be equal to the amount of the school district's per pupil revenue for the applicable budget year multiplied by the number of students who reside in the school district and are enrolled in the state residential school as of the pupil enrollment count day of the applicable budget year. A student who enrolls in a state residential school shall be counted in the pupil enrollment of the student's school district of residence for purposes of this paragraph (b). The department shall adopt guidelines as necessary for the implementation of this paragraph (b).
(c) The commissioner is encouraged to apply federal moneys received pursuant to the federal "American Recovery and Reinvestment Act of 2009", Pub.L. 111-5, to the extent allowed to offset the costs incurred in implementing this section. The commissioner is authorized to seek and accept additional public or private gifts, grants, or donations for the implementation of this section.
C.R.S. § 22-2-138 State environmental education plan - fund created
22-2-138. State environmental education plan - fund created. (1) Subject to the provisions of subsection (3) of this section, the department, in consultation with the department of natural resources, shall develop and the state board shall adopt a state plan for environmental education. At a minimum, the state plan for environmental education shall address strengthening the reach and coordination of environmental education in public schools and providing to educators professional development in environmental education. The department shall ensure that the state plan for environmental education complies with any requirements imposed by federal law or by regulations adopted by the federal department of education.
(2) (a) The department is authorized to seek, accept, and expend public or private gifts, grants, or donations for the implementation of this section; except that the department may not accept a gift, grant, or donation for the implementation of this section that is subject to conditions that are inconsistent with this section or any other law of the state. The department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the state environmental education fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund are continuously appropriated to the department for the direct and indirect costs associated with implementing this section.
(b) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(3) The department shall implement the provisions of subsection (1) of this section only if the department receives public or private gifts, grants, or donations in an amount it deems sufficient to offset the costs incurred in creating and adopting the state plan for environmental education.
C.R.S. § 22-2-139 Memorandum of understanding - notification of risk - rules
22-2-139. Memorandum of understanding - notification of risk - rules. (1) On or before July 1, 2011, the state department of human services and the department of education shall enter into a memorandum of understanding concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101. The memorandum of understanding must include, but need not be limited to:
(a) A consistent and uniform approach to notification and appropriate and allowable data-sharing about students, including but not limited to medical, mental health, sociological, and scholastic achievement, within the limits of state and federal privacy and confidentiality law, between school districts, charter schools, institute charter schools, and county departments of human or social services for the purposes of collaboration in the placement of students pursuant to this section and section 22-20-108, better facilitation of the creation of transition plans for students, and ensuring the safety of the people in the school community;
(b) A plan for utilizing existing state and federal data and any existing information-sharing activities;
(c) A plan for determining accountability and collecting data concerning the implementation of the notifications and invitation required pursuant to this section and a mechanism by which school districts and the state charter school institute shall report the aggregate data to the department of human services and department of education on or before February 15, 2012, and on or before February 15 each year thereafter. The data to report shall include, but need not be limited to:
(I) The number of placements occurring in a school year;
(II) The number of emergency placements occurring in a school year;
(III) The types of placements from which the students are transitioning;
(IV) The educational setting into which the student is being placed; and
(V) Demographic information of students, including but not limited to age, race, gender, and ethnicity;
(d) A process for determining information sharing and collaboration for placement of students pursuant to sections 22-20-108 and 26-1-138, C.R.S.;
(e) Recommendations for an approach to sharing data that conforms with the interdepartmental data protocol established pursuant to section 24-37.5-704, C.R.S., and that is in compliance with all state and federal laws, rules, and regulations concerning the privacy of information;
(f) Identification of training and professional development needs associated with implementing information sharing between responsible entities and funding sources that could be utilized for this purpose; and
(g) Consideration of recommendations made by existing working groups or projects that have been involved with information sharing or technology relating to information sharing among multiple entities as it relates to students transitioning back into public schools. A report of these recommendations shall be provided to the department of human services, the state board of human services, the department of education, and the state board of education prior to the final adoption of the memorandum of understanding.
(2) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 that is transferring a student to a public school shall notify the appropriate school district child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the pending enrollment in a public school of a student who:
(a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital, licensed or certified pursuant to section 25-3-101; and
iaison, designated pursuant to section 22-32-138 (2)(a), of the pending enrollment in a public school of a student who:
(a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital, licensed or certified pursuant to section 25-3-101; and
(b) Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer.
(3) This section only applies to a hospital licensed or certified pursuant to section 25-3-301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (3), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been deemed to be a risk to himself or herself or the community within the twelve months prior to discharge.
(4) The notification required in subsection (2) of this section must be made at least ten calendar days prior to the student's transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student's needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services.
(5) If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state department of human services or county department of human or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138, of the receiving school district, charter school, or institute charter school within five calendar days following the student's placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition.
(6) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable.
in meeting the student's needs and ensuring a successful transition.
(6) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable.
(7) Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student.
(8) Nothing in this section alters the rights and obligations of the department of education, the state department of human services, a county department of human or social services, or a school district, as such rights and obligations are set forth in this title 22; 20 U.S.C. sec. 1400 et seq.; 29 U.S.C. sec. 701 et seq.; 42 U.S.C. sec. 11431 et seq.; and 42 U.S.C. sec. 675, as amended by the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Pub.L. 110-351.
(9) The state board of education may promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., concerning the implementation of this section, including but not limited to rules regarding notification and sharing of information as described in subsection (1) of this section.
C.R.S. § 22-2-140 Digital learning study - legislative declaration - definitions - notice of funding through gifts, grants, and donations - repeal
22-2-140. Digital learning study - legislative declaration - definitions - notice of funding through gifts, grants, and donations - repeal. (Repealed)
C.R.S. § 22-2-141 Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration
22-2-141. Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration. (1) (a) By October 1, 2012, the department shall issue a request for proposals for the purchase of an early literacy assessment tool that teachers may use to obtain real-time assessments of the reading skill levels of students enrolled in kindergarten and first, second, and third grades and, based on the assessment results, generate intervention plans and materials.
(b) At a minimum, the request for proposals shall include the purchase of:
(I) Software that, at a minimum:
(A) Provides individualized assessments with immediate results;
(B) Stores and analyzes assessments results, recommends activities that are aligned with the assessment results, and assists in tracking student performance and identifying strategies to improve student performance;
(C) Provides student grouping recommendations based on the assessment scores and provides proposed lesson plans on a short-term cycle; and
(D) Assists in generating and populating individualized plans to improve students' reading skills; and
(II) Training in using the software for teachers or other personnel selected by each local education provider.
(c) The request for proposals shall include the purchase of a sufficient number of software licenses for each local education provider in the state to use the early literacy assessment tool in all of its kindergarten and first-, second-, and third-grade classes; except that the department may draft the contract to phase in the requirements of this paragraph (c) over multiple budget years based on available appropriations.
(2) The department shall select from among the responses received and enter into a contract for the purchase of software licenses and training no later than March 1, 2013. In negotiating the terms of the contract, the department shall include performance measures, which may include student outcomes, as conditions affecting the amounts payable under the contract.
(3) (a) As soon as practicable after entering into the contract, the department shall notify the local education providers and provide information explaining:
(I) The software licenses purchased;
(II) The availability of training in the use of the software including dates, times, and locations; and
(III) The procedures and timelines by which each local education provider may apply to receive the software licenses and training to implement the early literacy assessment tool.
(b) Based on the level of available appropriations, the department shall select the local education providers who will receive the early literacy assessment tool, including the training, from among those that apply. In selecting among the applicants, the department shall:
(I) Select local education providers from various regions of the state and of varying student population size;
(II) Give preference to local education providers with the highest percentages of kindergarten and first-, second-, and third-grade students who are below grade level expectations in reading; and
(III) Give preference to local education providers with the highest percentages of schools that are eligible to receive moneys under Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq.
(c) A local education provider that is selected to receive the early literacy assessment tool in one budget year is not required to reapply in subsequent budget years. The department shall, to the extent possible within available appropriations, annually increase the number of local education providers that receive the early literacy assessment tool.
tion Act of 1965", 20 U.S.C. sec. 6301 et seq.
(c) A local education provider that is selected to receive the early literacy assessment tool in one budget year is not required to reapply in subsequent budget years. The department shall, to the extent possible within available appropriations, annually increase the number of local education providers that receive the early literacy assessment tool.
(d) The department may choose to provide the early literacy assessment tool only to those schools of a selected school district that are eligible to receive moneys under Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq.
(4) During the 2014 regular legislative session and during the 2016 regular legislative session, the department shall submit to the governor's office, the joint budget committee, and the education committees of the house of representatives and the senate, or any successor committees, a report that includes, but need not be limited to, the following information:
(a) The percentage of students enrolled in kindergarten and first, second, and third grades throughout the state that are receiving services using the early literacy assessment tool;
(b) The local education providers that have received the early literacy assessment tool;
(c) The improvements, if any, in the reading skill levels of students who received or are receiving services using the early literacy assessment tool; and
(d) The amount of appropriations required to purchase an adequate number of software licenses to enable the local education providers in the state to use the early literacy assessment tool in all of the kindergarten and first-, second-, and third-grade classes in the state.
(5) As used in this section, "local education provider" means a school district; a charter school that enrolls students in kindergarten and first, second, and third grades; and a public school operated by a board of cooperative services that enrolls students in kindergarten and first, second, and third grades.
(6) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, purchasing an early literacy assessment tool as described in this section for the use of local education providers is an important element of accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-2-143 Discipline strategies pilot program - created - reporting - rules - definitions - legislative declaration - repeal
22-2-143. Discipline strategies pilot program - created - reporting - rules - definitions - legislative declaration - repeal. (Repealed)
C.R.S. § 22-2-144 Bullying prevention and education policies - short title - study
22-2-144. Bullying prevention and education policies - short title - study. (1) The short title of this section is "Ashawnty's Law".
(2) (a) The department shall research approaches, policies, and practices related to bullying prevention and education used by education providers in other states. On or before July 1, 2019, after consideration of the research conducted pursuant to this subsection (2)(a), the department, in consultation with the school safety resource center created in section 24-33.5-1803, shall develop a model bullying prevention and education policy. The research and model policy described in this subsection (2)(a) must be updated every three years. The department shall utilize a stakeholder process when updating the model bullying prevention and education policy, which process must include participation by the parents of students who have been bullied.
(b) On or before July 1, 2019, and every three years thereafter, the department shall publish the results of the research and model policy required by subsection (2)(a) of this section on its website as guidance for school districts, charter schools, and the charter school institute to consider when developing and implementing bullying prevention and education policies.
(3) At a minimum, the model policy developed pursuant to subsection (2)(a) of this section must:
(a) Clearly differentiate between a conflict and bullying and between harassment and bullying; and
(b) Clarify the role of cyberbullying during online instruction, which may occur on or off school property.
C.R.S. § 22-2-145 Media literacy - committee - report - strategic plan - resource bank - definition - rules
22-2-145. Media literacy - committee - report - strategic plan - resource bank - definition - rules. (1) For purposes of this section, unless the context otherwise requires, "media literacy" means the:
(a) Ability to access, analyze, evaluate, create, and act through the various forms of media;
(b) Ability to analyze the reliability of information, claims, and sources presented in the various forms of media; and
(c) Practice of digital citizenship, including norms of appropriate and responsible behavior and discourse when engaging with media, and the prevention of cyberbullying.
(2) (a) There is created in the department of education the media literacy advisory committee, referred to in this section as the "committee". The committee shall create a report containing recommendations and best practices for implementing media literacy into elementary and secondary education. The report must include, but is not limited to:
(I) Recommended revisions to state education standards for reading, writing, and civics, pursuant to section 22-7-1005 (2)(a), to implement media literacy in elementary and secondary education;
(II) Recommended materials and resources for teachers to adopt for media literacy instruction;
(III) Recommended legislation or rules to implement media literacy in elementary and secondary education;
(IV) Best practices for school districts to develop policies and procedures regarding media literacy;
(V) Strategies to support school districts implementing the best practices and recommendations developed by the committee; and
(VI) Recommended opportunities to recognize students and teachers who demonstrate excellence in media literacy.
(b) The commissioner of education shall appoint the following members to serve on the committee no later than July 15, 2019:
(I) One member who is an academic expert in media literacy;
(II) One member who is a teacher in a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and holds an initial or professional teacher's license pursuant to article 60.5 of this title 22;
(III) One member who is a teacher in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and holds an initial or professional teacher's license pursuant to article 60.5 of this title 22;
(IV) One member who is a librarian and is a member of a professional association of librarians;
(V) One member who is a school administrator in a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and is a member of a professional association of school administrators;
(VI) One member who is a school administrator in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and is a member of a professional association of school administrators;
(VII) One member who is a parent or legal guardian of a student who attends a public school and is a member of a parent organization;
(VIII) One member who is a student in a rural school district or a small rural school district, as defined in section 22-7-1211 (4);
(IX) One member who is a student in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4);
(X) One member who represents a nonprofit organization specializing in media literacy;
(XI) One member who represents a nonprofit organization specializing in journalism;
(XII) One member who is a professional print journalist and is a member of a professional association of journalists; and
(XIII) One member who is a professional broadcast journalist and is a member of a professional association of broadcasters.
(3) (a) On or before July 15, 2019, the commissioner of education shall hire a consultant to perform the research and coordination of the committee required to draft the report.
professional print journalist and is a member of a professional association of journalists; and
(XIII) One member who is a professional broadcast journalist and is a member of a professional association of broadcasters.
(3) (a) On or before July 15, 2019, the commissioner of education shall hire a consultant to perform the research and coordination of the committee required to draft the report.
(b) The consultant shall consult with committee members to elicit recommendations for the report, as described in subsection (2)(a) of this section. The consultant is not required to conduct consultations in person and may conduct consultations through telephone, e-mail, or video conference.
(c) The consultant shall distribute his or her research and draft reports to committee members for feedback at least monthly and the latest draft report at least three days prior to the committee meeting described in subsection (3)(d) of this section.
(d) On or before November 1, 2019, the committee shall convene to discuss the draft report and finalize recommendations for the final report to be submitted pursuant to subsection (4) of this section.
(e) The consultant shall incorporate feedback and recommendations from the committee's meeting described in subsection (3)(d) of this section. The consultant shall distribute his or her draft report to committee members for final feedback to be received by the consultant no later than December 1, 2019.
(4) On or before January 1, 2020, the committee shall submit the written report of its findings, recommendations, and summaries of the committee's discussions and diverse opinions regarding the findings and recommendations contained in the final report to the education committees of the house of representatives and the senate, or any successor committees.
(5) Repealed.
(6) (a) The department shall create and maintain an online resource bank of materials and resources pertaining to media literacy. At a minimum, the resource bank must include the materials and resources recommended in the committee's report created pursuant to subsection (2) of this section. The department shall create the online resource bank on or before the date when revisions are adopted to include knowledge and skills relating to media literacy within the reading, writing, or civics standards, whichever revisions occur first, pursuant to section 22-7-1005 (2.6).
(b) The department shall promulgate rules, if necessary, to implement a procedure through which a person may provide comment on a material or resource within the resource bank, including a comment recommending the removal or inclusion of a material or resource within the resource bank.
(c) Upon the request of a school district, district charter school, institute charter school, or board of cooperative services, the department shall provide, subject to available resources, technical assistance to a school district, district charter school, institute charter school, or board of cooperative services, with implementing policies and procedures, best practices, and recommendations related to media literacy.
(7) A school district, district charter school, institute charter school, or board of cooperative services is not required to adopt or implement any material or resource from the resource bank into its curriculum.
C.R.S. § 22-2-146 Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration
22-2-146. Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration. (1) The general assembly finds that:
(a) Due to the public health risks of the COVID-19 pandemic, the public schools in Colorado have had to cease in-person instruction for repeated and extended periods of time during the 2019-20 and 2020-21 school years;
(b) Research suggests that these periods of remote learning, as well as trauma experienced by students as a result of the pandemic, have had detrimental effects on students' ability to learn and grow academically and on their ability even to retain the level of learning that they had previously achieved;
(c) These negative effects have had an even greater impact on students of color, low-income students, and students with disabilities, who are expected to experience a significantly greater loss of learning, thereby exacerbating the academic achievement gaps that existed before the pandemic;
(d) The school districts and public schools of the state will face significant challenges in trying to compensate for these learning losses and in helping all students to overcome the learning losses they have experienced and advance to grade-level or higher academic achievement;
(e) There are indications that tutoring services, programs that extend the school day or the school year, and summer school programs may be successful in helping students, especially low-income students, students of color, and students with disabilities, to overcome learning loss and close the achievement gap;
(f) There are other innovative strategies that some public schools and school districts have been implementing to address learning loss, including home visitation programs through which teachers visit their students' homes to assist the students and the parents in efforts to overcome learning loss; and
(g) The department of education can play a crucial role in supporting school districts and public schools by identifying best practices for addressing these learning losses and effective strategies for boosting student learning and closing achievement gaps and by providing a resource bank of model materials and strategies specifically designed to address learning recovery for all students.
(1.5) (a) The general assembly further finds that on March 11, 2021, President Biden signed H.R.1319, the "American Rescue Plan Act of 2021", into law. In part, the act provides approximately $122.7 billion in supplemental money to the elementary and secondary emergency education relief fund for distribution to states. Approximately $1.166 billion of that amount is expected to be distributed to Colorado, of which at least $1.05 billion must be distributed to local education providers and $116.6 million will be retained by the state department of education. The act requires the department to use approximately $58 million to address learning recovery, approximately $11.6 million for after-school activities, and approximately $11.6 million for summer learning programs.
to be distributed to Colorado, of which at least $1.05 billion must be distributed to local education providers and $116.6 million will be retained by the state department of education. The act requires the department to use approximately $58 million to address learning recovery, approximately $11.6 million for after-school activities, and approximately $11.6 million for summer learning programs.
(b) The department is strongly encouraged to use as much as possible of the amount of federal money that the department receives under the "American Rescue Plan Act of 2021" to fund programs to address learning recovery, which may include intensive tutoring programs, extended-day learning programs, supplemental online courses, summer learning programs, and other programs that are identified by local education providers or have demonstrated success in effectively addressing learning recovery. The department is specifically encouraged to use a portion of the federal money to assist local education providers in accessing supplemental online learning recovery courses for students enrolled in kindergarten through twelfth grade, as described in section 22-5-119 (11).
(2) (a) By the fall semester of the 2021-22 school year and continuing thereafter, the department shall identify educational products, strategies, and services that have demonstrated effectiveness in identifying and reversing student learning loss, including those products, strategies, and services that are specifically designed to address learning loss experienced by students of color, low-income students, and students with disabilities. The department shall create and maintain a resource bank of examples of these products, explanations of and instructions for implementing these strategies and services, and models of professional development programs related to using the products and implementing the strategies and services. The department shall ensure that the resource bank includes products, strategies, and services and models of professional development programs that take into account the circumstances of, and are appropriate for implementation by, rural and small rural school districts and charter schools located within rural and small rural school districts.
(b) The department shall include in the resource bank information concerning public and private nonprofit entities that may partner with school districts, boards of cooperative services, and charter schools to provide personnel or other resources to assist in implementing strategies to overcome learning loss.
(c) School districts, boards of cooperative services, and charter schools may submit to the department descriptions and explanations of strategies, services, and programs that they have implemented, with evidence demonstrating the positive effects achieved through implementing the strategies, services, and programs. The department shall include the submitted examples in the resource bank.
g loss.
(c) School districts, boards of cooperative services, and charter schools may submit to the department descriptions and explanations of strategies, services, and programs that they have implemented, with evidence demonstrating the positive effects achieved through implementing the strategies, services, and programs. The department shall include the submitted examples in the resource bank.
(d) The resource bank must be available for review by school districts, boards of cooperative services, and charter schools. To the greatest extent possible within existing resources, the department shall provide technical assistance, upon request, to assist school districts and charter schools in identifying and implementing strategies to address student learning loss.
(3) The department shall create a report specifying the purposes for which the department used the federal money received pursuant to the federal "Coronavirus Aid, Relief and Economic Security Act", Pub.L.116-136; the "Coronavirus Response and Relief Supplemental Appropriations Act, 2021", Pub.L.116-260; and the "American Rescue Plan Act of 2021", Pub.L.117-2. At a minimum, the report must identify the total amount that the department received and was authorized to spend at the state level under each act, the purposes for which the department spent the amounts received, the specific amount allotted to each purpose, and any data the department may have concerning the results achieved in using the money for each purpose. On or before December 1, 2021, and on or before December 1 each year thereafter through December 1, 2024, the department shall submit the report to the education committees of the house of representatives and senate, or any successor committees, and post the report on the department's website. The department shall also present the report as part of the department's hearing held each January pursuant to section 2-7-203, starting in 2022 and continuing through 2025.
C.R.S. § 22-2-146.5 Department of education - improving mathematics outcomes - training and technical assistance - report - definitions
22-2-146.5. Department of education - improving mathematics outcomes - training and technical assistance - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Children with disabilities" has the same meaning as set forth in section 22-20-103.
(b) "Evidence-informed" means a program or practice in mathematics that relies on peer-reviewed evidence to establish a basis for accelerating learning. "Evidence-informed" includes evidence-informed curricula, interventions, acceleration strategies, and assessment options.
(c) "Rural school district" means a school district in Colorado that the department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area.
(d) "Small rural school district" means a school district in Colorado that the department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area and that enrolls fewer than one thousand students in pre-kindergarten through twelfth grade.
(e) "Train-the-trainer" means a training framework that develops educators into subject matter experts who can teach other educators about mathematics.
(2) By January 2024, the department shall contract with an organization, in accordance with the "Procurement Code", articles 101 to 112 of title 24, to create free optional trainings, incorporating the train-the-trainer model, in evidence-informed practices in mathematics, including a training specifically designed for elementary school educators and a training specifically designed for secondary school mathematics educators. Each training must include interventions and strategies to grow and accelerate student proficiencies in mathematics to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. Training may include, but need not be limited to, content aligned with student academic standards, standards for mathematical practice, and cultivation of mathematical best practices and mindsets. The training is available to relevant staff of school districts, related administrative units, district charter schools, institute charter schools, boards of cooperative services, and community-based organizations, as defined in section 22-2-146.6. The department shall keep record of the school districts, related administrative units, district charter schools, institute charter schools, and boards of cooperative services that participate in the educator training.
(3) The department, upon request, shall provide technical assistance to rural school districts and small rural school districts, including administrative units and district charter schools, and institute charter schools in rural areas. Technical assistance must include identifying best practices in mathematics, including interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners.
(4) The department shall publish, on a continuous basis, a list of evidence-informed curricula and assessment options for mathematics. The department shall consult with schools of a school district, district charter schools, institute charter schools, educators who teach mathematics, and national experts and repositories to update the list of evidence-informed curricula and assessment options for mathematics. The department shall review the list and remove material, as necessary, every four years.
(5) The department shall provide and regularly update evidence-informed interventions for improving mathematics achievement, including intervention options that may be available to parents remotely. The department shall publish the evidence-informed interventions on the department's website.
for mathematics. The department shall review the list and remove material, as necessary, every four years.
(5) The department shall provide and regularly update evidence-informed interventions for improving mathematics achievement, including intervention options that may be available to parents remotely. The department shall publish the evidence-informed interventions on the department's website.
(6) (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before July 1, 2024, and on or before July 1 each year thereafter, the department shall report to the education committees of the house of representatives and the senate, or their successor committees, and the state board concerning the activities and status of any technical assistance and training provided pursuant to this section.
(b) Beginning January 2025, the department shall report on the information collected pursuant to subsection (6)(a) of this section, including a list of the school districts, related administrative units, district charter schools, institute charter schools, and boards of cooperative services that participate in the educator training pursuant to subsection (2) of this section, at the department's annual hearing held pursuant to the "SMART Act", part 2 of article 7 of title 2.
C.R.S. § 22-2-146.6 Colorado academic accelerator grant program - report - rules - definitions
22-2-146.6. Colorado academic accelerator grant program - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Colorado academic accelerator grant program" or "grant program" means the Colorado academic accelerator grant program created in subsection (2) of this section.
(b) "Community-based organization" means a public or private nonprofit organization of demonstrated effectiveness that is representative of a community or significant segments of a community and provides educational or related services to individuals in the community.
(c) "Community learning center" means an entity that assists students to meet the rigorous state academic standards by providing students with free academic enrichment and support activities and a broad array of other activities during nonschool hours, periods when school is not in session, or during extended learning hours.
(d) "Eligible entity" means a local education provider, a community-based organization, an Indian tribe or tribal organization, another public or private entity, or a consortium of two or more agencies, organizations, or entities.
(e) "Evidence-informed" means a program or practice in mathematics that relies on peer-reviewed evidence to establish a basis for accelerating learning. "Evidence-informed" includes evidence-informed curricula, interventions, and assessment options.
(f) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operated pursuant to article 5 of this title 22 that operates more than one public school.
(g) "STEM" means the combination of the disciplines of science, technology, engineering, and mathematics.
(2) (a) There is created in the department the Colorado academic accelerator grant program. The purpose of the grant program is to create community learning centers that:
(I) Provide opportunities for free academic enrichment and support activities, which must include providing tutorial services to help students, particularly students who attend high-needs schools, as determined by the department, to meet rigorous state academic standards, specifically in STEM and mathematics, and to increase proficiencies in mathematics outcomes; and
(II) Offer families of students opportunities for active and meaningful engagement in students' education, including opportunities for mathematics literacy and related educational development.
(b) The department shall administer the grant program. An eligible entity that receives grant money pursuant to this section shall use the grant money toward meeting the purposes set forth in subsection (2)(a) of this section. Eligible entities are selected for a grant that runs for a period of three years. If a community-based organization applies, the community-based organization must be experienced in out-of-school supports and shall partner with a local education provider as an eligible entity.
suant to this section shall use the grant money toward meeting the purposes set forth in subsection (2)(a) of this section. Eligible entities are selected for a grant that runs for a period of three years. If a community-based organization applies, the community-based organization must be experienced in out-of-school supports and shall partner with a local education provider as an eligible entity.
(c) The department shall implement a timeline for the grant program, which must include the following:
(I) The date the department shall announce the grant program and begin accepting applications from eligible entities;
(II) The date by which an eligible entity must submit an application;
(III) The date the department shall begin distributing grant money to the grantees; and
(IV) The dates an eligible entity shall submit a report to the department summarizing the use of funds pursuant to this section, including data on the academic improvement of students in mathematics disaggregated by race, ethnicity, gender, grade level, disability, socioeconomic status, geographic location, and English language learner status.
(3) (a) The department shall prioritize eligible entities that:
(I) Adopt intervention strategies described in section 22-32-118.6 or 22-30.5-526.5;
(II) Use evidence-informed programs that build student skills in STEM and mathematics;
(III) Use digital math accelerator programs;
(IV) Serve high-needs students, as determined by the department;
(V) Target students who transition from elementary school to middle school and middle school to high school;
(VI) Have an established presence and relationship in the community; and
(VII) Have demonstrated in the application how the eligible entity will meet the needs of diverse student populations.
(b) The department shall review the applications submitted pursuant to subsection (2)(c)(II) of this section.
(c) The department shall not use more than five percent of state funds to administer the grant program, including, but not limited to:
(I) Monitoring and evaluating grant program activities; and
(II) Providing training and technical assistance.
(d) The department shall ensure eligible entities use evidence-informed curricula and interventions in mathematics as identified by the department pursuant to section 22-2-146.5, including any state-purchased curricula or digital software focused on mathematics.
(4) (a) Eligible entities shall use grant funds for free academic enrichment and support activities and tutoring programs with a focus on STEM and mathematics, particularly for students who are below grade level or struggling in mathematics; children with disabilities, as defined in section 22-20-103; and students who are English language learners.
(b) Eligible entities may use grant funds to:
(I) Facilitate programs to engage communities to support high-needs schools, as determined by the department;
(II) Create mentorship programs; and
(III) Provide other academic or social enrichment opportunities, including experiential mathematics activities, to help ensure students can meet the state's rigorous academic standards.
(c) If a local education provider receives a grant to become a community learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards.
tics activities, to help ensure students can meet the state's rigorous academic standards.
(c) If a local education provider receives a grant to become a community learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards.
(d) (I) If a local education provider in partnership with a community-based organization receives a grant to become a community learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards. The local education provider shall coordinate with the community-based organization to share data on student performance that is relevant to each student's performance in school in accordance with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and the "Student Data Transparency and Security Act", created in article 16 of this title 22.
(II) The local education provider shall coordinate with community-based organization instructors to:
(A) Offer access to relevant district or state training focused on STEM and mathematics instruction, including training created pursuant to section 22-2-146.5 (2); and
(B) Provide access to district or statewide software licenses for digital math accelerator programs.
(5) The state board may promulgate rules for the implementation of this section.
(6) (a) On or before July 1, 2024, the department shall contract with a third-party evaluator, in accordance with the "Procurement Code", articles 101 to 112 of title 24, to review, evaluate, and draft a report summarizing the following:
(I) The impact of the grant program on financial savings for parents;
(II) Data on student engagement, dropout rates, graduation rates, chronic absenteeism, and mobility rates;
(III) Student academic improvement in mathematics, including data disaggregated by race, ethnicity, gender, grade level, disability, socioeconomic status, geographic location, and English language learner status; and
(IV) The disaggregated data of eligible entities submitted to the department pursuant to subsection (2)(c)(IV) of this section.
(b) The department shall collect the data reported to the department by eligible entities pursuant to subsection (2)(c)(IV) of this section and by the third-party evaluator pursuant to this subsection (6).
(7) (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2025, and each January 1 thereafter, the department shall submit the report described in subsection (6) of this section to the education committees of the house of representatives and the senate, or their successor committees, the governor, and the state board.
(b) Beginning January 2025, the department shall report on the information collected pursuant to subsection (7)(a) of this section at the department's annual hearing held pursuant to the "SMART Act", part 2 of article 7 of title 2.
(8) The department and eligible entities shall report data pursuant to this section in compliance with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and the "Student Data Transparency and Security Act", created in article 16 of this title 22.
(9) For the 2023-24 budget year, the general assembly shall appropriate twenty-four million five hundred thousand dollars to the department. The department shall have the authority to spend funds continuously through the 2026-27 budget year for the purposes of this section. Any unexpended funds that remain at the end of the 2026-27 budget year revert back to the general fund.
C.R.S. § 22-2-146.8 Department of education - improving science outcomes - teacher professional development - report - appropriation - legislative declaration - definitions
22-2-146.8. Department of education - improving science outcomes - teacher professional development - report - appropriation - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Children with disabilities" has the same meaning as set forth in section 22-20-103.
(b) "Colorado academic standards for science" means evidence-informed standards for student learning in science as adopted by the state board of education.
(c) "Eligible teacher" means a person who is licensed pursuant to article 60.5 of this title 22 or is authorized pursuant to section 22-60.5-111 to teach and who is employed by a local education provider in the state to provide science instruction. "Eligible teacher" also includes an educator who is employed by an Indian tribe or tribal organization in the state to provide science instruction.
(d) "Evidence-informed" means a program or practice in science that relies on peer-reviewed evidence to establish a basis for accelerating learning. "Evidence-informed" includes evidence-informed curricula, interventions, acceleration strategies, and assessment options.
(e) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates more than one public school.
(f) "Rural school district" means a school district in Colorado that the department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area.
(g) "Small rural school district" means a school district in Colorado that the department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area and that enrolls fewer than one thousand students in pre-kindergarten through twelfth grade.
(h) "Standard" has the same meaning as set forth in section 22-7-1003.
(2) The department shall contract with a Colorado institution of higher education in accordance with the "Procurement Code", articles 101 to 112 of title 24, to make available no later than the beginning of the 2025-26 school year a free, optional professional development program hosted on a regional basis around the state that includes an opportunity for both in-person and virtual participation and that is designed to enhance pedagogy around the Colorado academic standards for science. The Colorado institution of higher education selected for the contract may partner with other non-profits or third-party providers that offer professional development opportunities to teachers that enhance pedagogy around the Colorado academic standards for science. The professional development program must:
(a) Be designed to enhance student instruction around the Colorado academic standards for science, including coverage of the science and engineering practices, disciplinary core ideas, and cross-cutting concepts provided by the standards;
(b) Include evidence-informed interventions and strategies to grow and accelerate student proficiencies in science to help students who are below grade level or struggling in science, children with disabilities, gifted students, and students who are English language learners;
(c) Include, but need not be limited to, content aligned with Colorado academic standards for science, which include cultivation of scientific inquiry and best practices;
(d) Incentivize eligible teacher participation by offering ongoing professional development credit toward licensure renewal pursuant to article 60.5 of this title 22;
ed students, and students who are English language learners;
(c) Include, but need not be limited to, content aligned with Colorado academic standards for science, which include cultivation of scientific inquiry and best practices;
(d) Incentivize eligible teacher participation by offering ongoing professional development credit toward licensure renewal pursuant to article 60.5 of this title 22;
(e) Be structured to give local education providers and teachers planning professional development activities sufficient time to pursue ongoing professional development credit toward licensure renewal pursuant to article 60.5 of this title 22; and
(f) Prioritize professional development for eligible teachers employed at local education providers located in rural school districts and small rural school districts if demand exceeds program capacity.
(3) On or before January 30, 2027, the department shall report to the education committees of the house of representatives and the senate, or their successor committees, and the state board on the number of eligible teachers, disaggregated by license type and local education provider, who participated in the professional development program created in this section.
(4) (a) The general assembly declares that, for purposes of section 17 of article IX of the state constitution, a professional development program to enhance pedagogy around the Colorado academic standards for science is an important element in implementing accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(b) For the 2024-25 budget year, the general assembly shall appropriate three million dollars from the state education fund to the department. Any money appropriated pursuant to this section that is not expended prior to July 1, 2025, remains available for expenditure for the same purpose in the 2026-27 budget year without further appropriation. At the end of the 2026-27 budget year, the money that is unexpended or unencumbered reverts to the state education fund.
C.R.S. § 22-2-147 Menstrual hygiene products accessibility grant program - eligibility - report - rules - definitions
22-2-147. Menstrual hygiene products accessibility grant program - eligibility - report - rules - definitions. (1) There is created in the department the menstrual hygiene products accessibility grant program in order to provide menstrual hygiene products at no expense to students. A grant recipient shall ensure that menstrual hygiene products are accessible to a student regardless of the student's gender identity.
(2) A grant recipient shall use the award to acquire and distribute menstrual hygiene products at no expense to students or acquire, install, and maintain a dispensing machine or disposal receptacle for menstrual hygiene products.
(3) An eligible grant recipient is:
(a) A local education provider if it has fifty percent or more students enrolled who are eligible for free or reduced-cost lunch pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.;
(b) The Colorado school for the deaf and the blind, created and existing pursuant to section 22-80-102 (1)(a);
(c) An approved facility school, as defined in section 22-2-402 (1); or
(d) A rural school district, a small rural district, a charter school of a rural school district or a small rural district, or an institute charter school located within the geographic boundaries of a rural school district or small rural school district.
(4) To receive a grant, an eligible grant recipient must submit an application to the department by a date specified by the department. The eligible grant recipient must include data in its application concerning the number of students enrolled at the eligible grant recipient and the number of restrooms, including gender-neutral restrooms, on the property of the eligible grant recipient.
(5) Subject to available appropriations, the department shall implement and administer the grant program, and shall award a grant to an eligible grant recipient that applies in an amount that is proportionate to the numbers of students and restrooms as provided in its application. The state board may promulgate rules as necessary to implement the grant program.
(5.3) For the 2024-25 state fiscal year, the general assembly shall appropriate to the department two hundred thousand dollars from the general fund for purposes of this section.
(5.7) The department may retain no more than ten percent of the total amount appropriated pursuant to subsection (5.3) of this section for the grant program to offset the actual administrative costs incurred in administering the grant program.
(6) (a) On or before October 1, 2022, and on or before October 1 each year thereafter, each grant recipient shall submit a report to the department. The report must include information concerning the amount of money spent on the acquisition and distribution of menstrual hygiene products and the amount of money spent on the acquisition, installation, and maintenance of a dispensing machine or disposal receptacle for menstrual hygiene products.
(b) On or before January 2, 2023, and on or before January 2 each year thereafter, the department shall submit a summarized report of the information received pursuant to subsection (6)(a) of this section to the education committees of the senate and house of representatives, or any successor committees.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6) continues indefinitely.
(7) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(8) As used in this section, unless the context otherwise requires:
(a) "Grant program" means the menstrual hygiene products accessibility grant program created and existing pursuant to this section.
required in this subsection (6) continues indefinitely.
(7) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(8) As used in this section, unless the context otherwise requires:
(a) "Grant program" means the menstrual hygiene products accessibility grant program created and existing pursuant to this section.
(b) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
(c) "Menstrual hygiene products" means tampons, menstrual pads, and pantiliners.
(d) "Rural school district" means a school district that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area.
(e) "Small rural school district" means a school district that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand two hundred students in kindergarten through twelfth grade.
C.R.S. § 22-2-148 Secondary school student substance use - committee - definitions - repeal
22-2-148. Secondary school student substance use - committee - definitions - repeal. (1) (a) There is created in the department the secondary school student substance use committee, referred to in this section as the "committee". On or before September 1, 2023, the commissioner shall appoint the following members to serve on the committee:
(I) Two members who are students at a public secondary school, one who attends a school that is located in a rural school district and one who attends a school that is not located in a rural school district;
(II) Two members who are teachers at a public secondary school, one who teaches at a school that is located in a rural school district and one who teaches at a school that is not located in a rural school district;
(III) Two members who are licensed special services providers with a school counselor endorsement at a public secondary school whose responsibilities include mental health counseling, one who is a licensed special services provider with a school counselor endorsement at a school that is located in a rural school district and one who is a licensed special services provider with a school counselor endorsement at a school that is not located in a rural school district;
(IV) Two members who are school administrators at a public secondary school, one who is a school administrator at a school that is located in a rural school district and one who is a school administrator at a school that is not located in a rural school district;
(V) Two members who are parents or legal guardians of a student attending a public secondary school, one who is a parent or legal guardian of a student attending a school that is located in a rural school district and one who is a parent or legal guardian of a student attending a school that is not located in a rural school district;
(VI) Two members who are licensed medical professionals with expertise in adolescent substance use disorders, one who practices in a rural region and one who practices in an urban or suburban region;
(VII) Two members who are school nurses, one who is a school nurse at a school that is located in a rural school district and one who is a school nurse at a school that is not located in a rural school district;
(VIII) Two members who are experts in the practice of substance use screening, brief intervention, and referral to treatment, one who practices in a rural region and one who practices in an urban or suburban region;
(IX) One member who represents the office of children, youth, and families in the department of human services; and
(X) One member who represents the prevention services division within the department of public health and environment.
(b) To the extent practicable, the membership of the committee must include persons from throughout the state and reflect the racial, ethnic, and geographic diversity of the state.
ho represents the office of children, youth, and families in the department of human services; and
(X) One member who represents the prevention services division within the department of public health and environment.
(b) To the extent practicable, the membership of the committee must include persons from throughout the state and reflect the racial, ethnic, and geographic diversity of the state.
(c) Members of the committee serve at the pleasure of the commissioner and serve without compensation or per diem; except that members of the committee are entitled to reimbursement for reasonable and necessary expenses incurred in performing their duties under this section, including mileage reimbursement.
(2) The committee shall develop a practice, or identify or modify an existing practice, for secondary schools to implement that identifies students' substance use, offers brief intervention with information regarding substance use and consequential health risks, and refers the students to substance use treatment resources. The committee shall consider existing and available information concerning secondary school student substance use in Colorado and how the practice must address the challenges, resources, and needs identified from the existing and available information.
(3) On or before January 5, 2024, the committee shall submit a report to the department that details the recommended practice pursuant to subsection (2) of this section. The department shall publish the report on its website and submit the report to the superintendent of every school district and the chief administrator of every institute charter school that is a secondary school.
(4) As used in this section, unless the context otherwise requires:
(a) "Licensed medical professional" means a psychologist or physician licensed to practice in Colorado.
(b) "Rural school district" means a school district in Colorado that the department determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area.
(c) "Secondary school" means a middle school, junior high school, or high school.
(d) "Substance use" means the use of alcohol, tobacco, controlled substances, or prescription medication.
(5) This section is repealed, effective July 1, 2025.
C.R.S. § 22-2-149 Summer electronic benefits transfer for children program - duties
22-2-149. Summer electronic benefits transfer for children program - duties. (1) The department is the designated partner agency for the summer electronic benefits transfer for children program created in the department of human services pursuant to section 26-2-309.
(2) To administer the summer electronic benefits transfer for children program, the department shall:
(a) Develop an outreach plan and conduct outreach to local education providers, as defined in section 22-16-103, and school food authorities, as defined in section 26-2-309;
(b) Provide technical assistance to school food authorities, specifically school food authorities located in rural areas; and
(c) Collect the minimum student-level data necessary to gather and maintain eligibility information required by the summer electronic benefits transfer for children program and share the data with the department of human services for the administration of the summer electronic benefits transfer for children program as set forth in section 26-2-309 (5).
(3) The department of human services and the department shall jointly:
(a) Develop protocols for the sharing of relevant data necessary for the administration of the summer electronic benefits transfer for children program and outreach to households with students who are eligible for the program;
(b) Streamline data collection; and
(c) Develop and provide an opt-out process for parents, legal guardians, and emancipated students, to the extent allowable pursuant to the federal requirements for the summer electronic benefits transfer for children program.
(4) (a) For state fiscal year 2023-24, the general assembly shall appropriate one hundred sixty-nine thousand eight hundred seventy dollars to the department from the general fund for purposes of this section. Any money appropriated pursuant to this subsection (4)(a) that is not expended prior to July 1, 2024, remains available for expenditure for the same purpose in the 2024-25 state fiscal year without further appropriation.
(b) For state fiscal year 2024-25, the general assembly shall appropriate three hundred ninety-three thousand eight hundred six dollars to the department from the general fund for purposes of this section. Any money appropriated pursuant to this subsection (4)(b) that is not expended prior to July 1, 2025, remains available for expenditure for the same purpose in the 2025-26 state fiscal year without further appropriation.
C.R.S. § 22-2-150 Department of education - implementation of oral health screening statewide - report - definitions - repeal
22-2-150. Department of education - implementation of oral health screening statewide - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Oral health screening" means a visual and manual inspection of the mouth that is performed to identify probable oral disease or other oral conditions or risk factors that may require management by oral health professionals.
(b) "Report" means the report of the department of public health and environment concerning the implementation and outcomes of the oral health screening pilot program created in section 25-21.5-104 (3) for oral health screening in kindergarten and third grade, including best practices for expanding future oral health screening activities in kindergarten and third grade.
(2) On or before December 1, 2027, the department shall develop a plan for implementation of oral health screening in kindergarten and third grade in all public schools. In developing the plan, the department shall consider:
(a) The report and any other relevant data and information provided by the department of public health and environment concerning oral health screening;
(b) Feedback from public school professionals, including administrators, school nurses, fiscal staff, and other professionals;
(c) Data and information relating to practices in states that have broad oral health screening programs; and
(d) Any other data or information relevant to the implementation and cost of a statewide oral health screening program in kindergarten and third grade.
(3) The department shall submit its plan for implementation of oral health screening in kindergarten and third grade for all public schools to the house of representatives health and human services committee, the senate health and human services committee, and the joint budget committee, or their successor committees.
(4) This section is repealed, effective July 1, 2033.
C.R.S. § 22-2-301 Short title
22-2-301. Short title. This part 3 shall be known and may be cited as the "Data Reporting and Technology Act".
C.R.S. § 22-2-302 Legislative declaration
22-2-302. Legislative declaration. (1) The general assembly hereby finds that:
(a) Pursuant to state statute and rules of the state board, school districts are required to submit extensive and duplicative data at different times throughout the year or to different divisions within the department of education;
(b) Reporting requirements are frequently placed in statute or rule and are not revisited after their initial adoption. Often, these requirements cease over time to have a relevant use or purpose but are still required to be reported to the department.
(c) School districts recognize the value of collecting and submitting data that will be used to track student achievement, to qualify for state funds, or to support accountability for student achievement or compliance measures but often find that the staff time required to prepare reports and submit required data under federal and state statutes and rules takes human and capital resources that could be better spent on providing student instruction;
(d) The department works to make data reporting productive and meaningful but faces its own internal challenges in terms of funding, adequate staffing levels, and the ability to overhaul antiquated data technology systems;
(e) The elementary and secondary education system in Colorado spends considerable amounts of money maintaining multiple, often out-of-date, computer systems for data collection and transmission. Due to the lack of a single statewide data system, data often cannot be accessed, even when acting in compliance with federal privacy restraints, by others within the department, school districts seeking comparisons with other districts for best practices, or researchers and foundations seeking to conduct research on the Colorado public school system and its students.
(2) It is therefore the intent of the general assembly in enacting this part 3 to achieve the following purposes:
(a) To improve the collection of data by streamlining the submission and reporting of data;
(b) To create shared goals and shared expectations for data collection and technology for elementary and secondary education in Colorado;
(c) To require school districts and public schools to submit data that is relevant to student achievement and will enhance and improve the manner in which school districts and public schools provide and evaluate student instruction;
(d) To explore the possibility of implementing a single statewide education data collection system with the purpose of reducing the manpower and cost of submitting required data to the department; and
(e) To deploy the single statewide education data collection system as a system of data exchange that is based on automatic file exchanges rather than manual processes requiring personnel to upload electronic files via messaging, web uploads, or other file transfer methods requiring human intervention.
C.R.S. § 22-2-303 Definitions
22-2-303. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of education appointed pursuant to section 1 of article IX of the state constitution.
(2) "Current data technology system" means the data technology system or systems in use by the department as of May 23, 2007.
(3) "Data dictionary" means an essential component of data management adopted by the department pursuant to section 22-2-305 that defines all of the data elements the department collects from school districts and public schools and describes the methods by which the department collects the data through the single statewide data collection system.
(4) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(5) "EDAC" means the education data advisory committee created pursuant to section 22-2-304.
(6) "Public school" means a public school as provided in section 22-1-101, including a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title.
(7) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-2-304 Education data advisory committee - creation - duties - approval
22-2-304. Education data advisory committee - creation - duties - approval. (1) The state board shall designate at least five volunteer school districts and two volunteer boards of cooperative services and a volunteer charter school, that are representative of the state as to pupil size and population, to send representatives to form a voluntary committee, to be known as the education data advisory committee. The EDAC shall work with the department to review school district data reporting requirements and make recommendations as provided in this section.
(2) The EDAC shall:
(a) Review the statutory and regulatory data reporting requirements applicable to school districts and public schools and determine whether the benefits derived from the reports are outweighed by the increased administrative costs incurred by the school districts and public schools in preparing and submitting the reports;
(b) Identify those statutory and regulatory data reporting requirements that are duplicative or obsolete and may be combined, eliminated, or otherwise streamlined;
(c) Review each data reporting request made to school districts and public schools and notify school districts and public schools which of the following designations applies:
(I) The request is mandatory because it is required by statute or rule;
(II) The request is required to acquire a benefit because a statute or rule requires a school district or public school that chooses to seek or receive a specified governmental benefit to report the data; or
(III) The request is voluntary because it is not specifically required by a statute or rule;
(d) Review all proposed statutory and regulatory data reporting requirements, whether proposed in state or federal legislation or in rules, and, to the extent practicable prior to final adoption, inform the general assembly or the enacting state or federal agency of the estimated cost to the school districts and public schools of complying with the proposed statutory and regulatory data reporting requirements and make recommendations to the general assembly or to the enacting state or federal agency concerning whether the proposed requirements are already included in existing law or regulation and whether the proposed requirements are necessary and appropriate;
(e) Advise the department on the impact of data practices and technology on school districts and public schools;
(f) Periodically review the rules for implementing the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and recommend to the state board an interpretation of said act that will facilitate the exchange and sharing of student information to the greatest extent possible in compliance with the federal regulations for implementing said act; and
(g) Review the processes and timing for collecting student demographic data and make recommendations to the state board for efficiently updating the data as necessary.
(2.5) If there is a difference between the designation identified by the EDAC pursuant to subsection (2)(c) of this section and the department's final determination, the state board shall engage in a public information session with the opportunity for public input and to allow the EDAC and the department to discuss their perspectives.
(3) (a) The EDAC shall annually, or more often if necessary, make recommendations to the state board and to the appropriate legislative committees of reference based on the subject matter of the recommendation for the repeal or amendment of statutory and regulatory data reporting requirements that the EDAC has identified as duplicative, obsolete, or inefficient.
ent to discuss their perspectives.
(3) (a) The EDAC shall annually, or more often if necessary, make recommendations to the state board and to the appropriate legislative committees of reference based on the subject matter of the recommendation for the repeal or amendment of statutory and regulatory data reporting requirements that the EDAC has identified as duplicative, obsolete, or inefficient.
(b) Repealed.
(4) The EDAC shall identify those reporting requirements that may be consolidated into a single report or a single submission for purposes of streamlining data submission for school districts and public schools.
(5) As used in this section, "statutory and regulatory data reporting requirements" includes all data reporting requirements that apply to school districts and public schools and that are imposed by federal or state statute or by rule of a federal or state agency, including but not limited to the data reporting requirements imposed by the department of human services, the department of public health and environment, and the department of health care policy and financing.
(6) Repealed.
C.R.S. § 22-2-305 Data dictionary - legislative declaration - creation - contents - report
22-2-305. Data dictionary - legislative declaration - creation - contents - report. (1) (a) The general assembly finds that there is a need for consistency in electronic data submission protocols and requirements to allow school districts and public schools to submit data for multiple reports in one transaction. Under the existing data submission system, school districts and public schools are often forced to report data that is known to be incorrect because of an existing inability to correct or resubmit data through the current data technology system. The general assembly finds that the priority in data collection and submission must be the efficient collection and use of accurate, relevant data.
(b) The general assembly finds therefore that, with the creation and implementation of a data dictionary, the department may bring consistency and greater accuracy to the data elements collected from school districts and public schools and increase the efficiency of education data submission and collection by not collecting the same data elements more often than necessary.
(2) (a) The department shall develop and distribute to the school districts and public schools a data dictionary to define the data the department will collect and the methods and protocols by which school districts and public schools will submit the data. At a minimum, the data dictionary shall include the following items:
(I) A map of the current data collection requirements, including the definition of each data element, when each data element is collected, identification of the external reports for which each data element is used, and identification of the method by which each data element is collected;
(II) A description of the format for data submission, acceptable values in data submission, the available options for dealing with data fields for which the submitting school district or public school does not have information, and logical comparisons to prior reports;
(III) Identification of data relationships;
(IV) Data element tables; and
(V) Identification of data element locations within data access tools.
(b) In developing the data dictionary, the department shall seek and apply input from school districts, public schools, and the EDAC. In addition, the department shall ensure that the data elements included in the data dictionary are aligned with the descriptions and definitions of data elements that are used by national education organizations such as the federal department of education and other organizations that set national education standards and ratings.
(3) On or before August 1, 2007, the department shall report the status of the data dictionary to the state board, the education committees of the senate and house of representatives, or any successor committees, the governor, school districts, and the EDAC. At a minimum, the report shall include:
(a) A description of how many school districts and public schools were involved in the process of creating the data dictionary, the extent to which the EDAC was involved in the process, and the manner of the school districts', public schools', and the EDAC's involvement;
(b) An explanation of the department's methods and considerations in creating the data dictionary, including the extent to which the department considered models from other states;
(c) An explanation of the manner in which school districts and public schools will access the data dictionary; and
in the process, and the manner of the school districts', public schools', and the EDAC's involvement;
(b) An explanation of the department's methods and considerations in creating the data dictionary, including the extent to which the department considered models from other states;
(c) An explanation of the manner in which school districts and public schools will access the data dictionary; and
(d) The method by and frequency with which the department plans to review and update the data dictionary.
(4) The department shall ensure that the data dictionary is fully operational and available for use on or before October 1, 2007.
(5) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, the creation and implementation of the data dictionary pursuant to this section is an important element of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-2-306 Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows
22-2-306. Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows. (1) The general assembly finds that it is imperative that school districts and public schools receive adequate advance notice of changes in data submission requirements to enable them to effectively comply with the new requirements. The general assembly further finds that the department must allow school districts and public schools the necessary time in which to comply with changes in data submission requirements in order to ensure that the school districts and public schools provide accurate data.
(2) The department shall provide to school districts, public schools, and vendors notice of new federal or state data submission requirements or changes to existing federal or state data submission requirements within one business day after receiving the new or changed requirements. The department shall notify school districts, public schools, and vendors of new or changed federal or state data submission requirements and communicate any other pertinent information through an electronic mail list developed by the department to which school districts, public schools, and vendors may subscribe. The department shall also conduct informational meetings that allow school districts, public schools, and vendors to ask questions and receive technical support to ensure accuracy and efficiency in data submission.
(3) (a) To improve the accuracy of submitted data and minimize inaccurate data submissions and errors in data submitted by school districts and public schools, the department shall update data reporting requirements on the department website on an annual basis. The department shall ensure that the department website is updated annually by April 1 with all changes to state or federal data reporting requirements made since the preceding April 1. No later than the following July 1, school districts and public schools shall comply with the changes to state or federal data reporting requirements that are included in the April 1 update.
(b) Notwithstanding any provision of paragraph (a) of this subsection (3) to the contrary, if federally required or state-required timelines for implementing data reporting requirements conflict with the provisions of paragraph (a) of this subsection (3), the department, the school districts, and the public schools shall comply with the federally required timelines.
(4) (a) To assist the department, school districts, and public schools in exercising reasonable management over data collection and submission activities, following the enactment of legislation that alters data collection requirements, the state board shall promulgate rules to implement the changes in accordance with a timeline that ensures the rules are effective by April 1 following the effective date of the legislation. Each school district and public school shall reformat its data systems by the July 1 following enactment of the rules.
(b) Notwithstanding any provision of paragraph (a) of this subsection (4) to the contrary, if federally required or state-required timelines for implementing data reporting requirements conflict with the provisions of paragraph (a) of this subsection (4), the state board, the school districts, and the public schools shall comply with the federally required timelines.
C.R.S. § 22-2-307 Data reporting requirements - interpretation of federal law - suspension
22-2-307. Data reporting requirements - interpretation of federal law - suspension. (1) On or before October 1, 2009, and periodically thereafter, the state board shall review the rules for implementing the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and shall adopt an interpretation of said act that will facilitate the exchange and sharing of student information to the greatest extent possible in compliance with the federal regulations for implementing said act. The state board shall consult with the EDAC in determining its interpretation of said act.
(2) The department shall periodically review its interpretation of federal regulations pertaining to education data collection and reporting and shall ensure that it takes into consideration the interpretations adopted by the departments of education in neighboring states.
(3) (a) Notwithstanding any provision of law to the contrary, in any year in which the general assembly does not appropriate moneys to implement a state program in which the department, a school district, the state charter school institute, or a public school was participating, any reporting requirements that are required under the provisions of the state program are suspended, and the department, school districts, the state charter school institute, and public schools need not comply with said reporting requirements; except that a participating school district, the state charter school institute if it is participating, or a participating public school shall comply with requirements to report information concerning the entity's participation in the state program during the period in which it was funded.
(b) For purposes of this subsection (3), "state program" means a program specifically created in state statute and for which the statute creating the program specifically provides funding to a participating school district, the state charter school institute, or a public school.
C.R.S. § 22-2-308 Data reporting requirements - office of legislative legal services
22-2-308. Data reporting requirements - office of legislative legal services. Notwithstanding the provisions of section 2-3-505, C.R.S., the office of legislative legal services, created in section 2-3-501, C.R.S., shall notify EDAC of any legislation introduced that creates by specific language a new requirement for a local education agency to report data to any state or federal agency.
C.R.S. § 22-2-309 Student data - accessibility - transparency - accountability - short title - definitions
22-2-309. Student data - accessibility - transparency - accountability - short title - definitions. (Repealed)
C.R.S. § 22-2-310 Data reporting - instructional hours - report
22-2-310. Data reporting - instructional hours - report. (1) (a) By the beginning of the 2025-26 school year, the department shall standardize the reporting method that schools of a school district, district charter schools, school districts, institute charter schools, and the state charter school institute use to collect and report data concerning:
(I) Instructional hours;
(II) School calendars; and
(III) The number of hours students spend on instructional time during the school year.
(b) Beginning in the 2025-26 school year, and each school year thereafter, the department shall collect from schools of a school district, district charter schools, school districts, institute charter schools, and the state charter school institute, at a minimum, the following data:
(I) Days of instruction for elementary and secondary schools;
(II) Instructional hours for elementary and secondary schools;
(III) Estimated non-instructional hours, school closures, snow days, and time spent on lunch and passing between classes; and
(IV) The number of days and percentage of the school year students were placed on abbreviated school day schedules, as defined in section 22-20-123.
(2) The department shall annually publish the data in an accessible report on the department's website, including on the department's web page for school and district data.
C.R.S. § 22-2-311 Colorado statewide longitudinal data system - postsecondary workforce readiness programs
22-2-311. Colorado statewide longitudinal data system - postsecondary workforce readiness programs. (1) The department shall contribute education and workforce readiness data beginning in the 2025-26 budget year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
(2) Upon the department's request, a local education provider, as defined in section 22-35-103, shall submit to the department any data that the department reasonably requires for purposes of subsection (1) of this section.
C.R.S. § 22-2-401 Legislative declaration
22-2-401. Legislative declaration. (1) The general assembly hereby finds that:
(a) A significant number of children in Colorado are placed in day treatment centers, residential child care facilities, other out-of-home placement facilities, or hospitals and receive their education through programs provided by these facilities;
(b) Although these facilities strive to provide the best educational programs possible within limited resources and under difficult circumstances, studies indicate that students who receive educational services through facility programs are more likely to repeat a grade level, more likely to perform below grade level, more likely to drop out of school, less likely to be employed, less likely to continue into higher education, and more likely to be eventually arrested and incarcerated;
(c) Each facility independently provides an educational program that, in most instances, is not consistent in the areas of course work, academic credits, graduation standards, or curriculum with any other educational program provided by a facility or with any educational program provided by a school district or an institute charter school. This lack of consistency makes it extremely difficult for a student to move from one facility to another or to move from a facility to a school district or institute charter school and puts the student almost hopelessly behind in meeting standards for completing a grade level or for graduation.
(d) Each student who receives an educational program through a facility participates in the Colorado student assessment program. However, the student's scores are usually not included in calculating a school's levels of attainment of the performance indicators, and the transitory nature of the student's educational career makes it difficult, if not impossible, for an education provider to longitudinally track the student's academic growth.
(e) Because of the uniqueness of the population served by each facility, it is important for each facility to maintain a significant degree of control over the educational program provided by the facility. However, by partnering with the department of education to provide an educational program that, as much as practicable, is consistent among the facilities, each facility can vastly improve the quality of each student's overall academic experience while the student receives educational services from the facility and when the student transfers to another facility or to a school district or an institute charter school.
(2) Therefore, the general assembly finds that creating a unit within the department of education to work with facilities to create consistency with regard to curriculum, standards, and tracking of student performance within facility education programs will raise the overall quality of the education provided to these students, thereby helping these students meet their full potential both academically and as fully contributing adults within the community.
(3) The general assembly further finds that, for purposes of section 17 of article IX of the state constitution, creating the facility schools unit within the department of education and the facility schools board to work with approved facility schools to standardize the educational services provided to students in approved facility schools and implementing a data system to maintain the records of students who receive educational services from approved facility schools will enable approved facility schools to provide each student a more consistent and coherent education, thereby improving each student's likelihood of achieving state academic standards. The facility schools unit, the facility schools board, and the data system are therefore important elements of accountable programs to meet state academic standards and may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
sistent and coherent education, thereby improving each student's likelihood of achieving state academic standards. The facility schools unit, the facility schools board, and the data system are therefore important elements of accountable programs to meet state academic standards and may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(4) (a) The general assembly further finds that the number of approved facility schools and placements of students in facility schools in Colorado has substantially declined due in part to county departments of human or social services and other state and local agencies reducing the use of congregate care placements. However, a small percentage of students with exceptionally severe or specialized needs, who may have been served in approved facility schools in the past, still require specialized services beyond the level available from their school district of residence.
(b) Therefore, the general assembly further finds that it is in the best interests of students with exceptionally severe or specialized needs to stabilize and enhance the number of approved facility school placements and to improve student services by:
(I) Providing adequate and predictable funding for approved facility schools;
(II) Establishing an interagency resource guide for facilities seeking licensure or authorization to operate as approved facility schools;
(III) Requiring state agencies to establish consistent administrative practices to license, authorize, approve, and fund approved facility schools that may result from the development of the interagency resource guide described in subsection (4)(b)(II) of this section;
(IV) Allowing state agencies to recommend changes to law, rule, policy, and practice based on the establishment of consistent administrative practices described in subsection (4)(a)(III) of this section;
(V) Requiring the department of health care policy and financing, in consultation with the work group, to recommend a plan to provide guidance to approved facility schools on the eligibility standards required to request and receive medicaid reimbursement funding for therapeutic services to the maximum extent possible to reduce reliance on school district revenue for therapeutic services;
(VI) Authorizing the facility schools board to authorize a facility to operate as a specialized day school;
(VII) Authorizing the facility schools board to adopt accreditation measures for approved facility schools; and
(VIII) Expanding technical assistance for school districts and administrative units, with a priority to serve rural school districts, remote school districts, or school districts that face significant obstacles to providing intensive supports to serve students with exceptionally severe or specialized needs.
C.R.S. § 22-2-402 Definitions
22-2-402. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Approved facility school" means an educational program that is operated by a facility to provide educational services to students placed in the facility and that, pursuant to section 22-2-407 (2), has been placed on the list of facility schools that are approved to receive reimbursement for providing educational services to students placed in a facility.
(2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(3) "Facility" means a day treatment center, residential child care facility or other facility licensed by the department of human services pursuant to section 26-6-905, a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103, or a specialized day school authorized by the office.
(3.3) "Facility student", as used in section 22-2-407.5, means a student who is in an approved facility school, eligible facility school, or school district setting, and who is receiving or requires specialized services, and whose educational needs may be beyond the delivery capacity of the student's current educational setting.
(3.8) "Model" means the sustainable educational continuum designed to meet the educational needs of facility students in the target population as defined by the work group pursuant to section 22-2-407.5.
(3.9) "Office" means the office of facility schools created within the department pursuant to section 22-2-403.
(4) "Placed in a facility" means a student is in a facility due to:
(a) A court order or other action by a public entity in Colorado; or
(b) The student's determination, if the student is a homeless child as defined in section 22-1-102.5.
(4.5) "Public entity" means a public entity responsible for referring students to or placing students in out-of-home, day treatment, residential treatment, hospital, and specialized day school placements with providers.
(5) "School district" means a school district organized and existing pursuant to law but does not include a local college district.
(5.5) "Specialized day school" means a school that serves students who are referred to or placed by a public entity or placed in a specialized day school by a hospital, health-care provider, behavioral health provider, case management service, court, division of youth services, school district, county department of human or social services, or other state agency because the students' behavioral and educational needs are beyond the capacity of the students' current educational placement due to the severity of the students' needs or the requirement for highly specialized programming.
(6) "State board of education" or "state board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(7) "Student" means a child or youth who has attained three years of age on or before August 1 and who is under twenty-one years of age.
(7.5) "Student with exceptionally severe or specialized needs" means a student with exceptionally severe or specialized needs that a school district is unable to serve adequately within the school district's regular or specialized educational services.
(8) Repealed.
(9) "Work group" means the work group created and convened pursuant to section 22-2-407.5.
C.R.S. § 22-2-403 Office of facility schools - created
22-2-403. Office of facility schools - created. (1) There is created within the department the office of facility schools. The head of the office is the director of facility schools and is appointed by the commissioner of education in accordance with section 13 of article XII of the state constitution.
(2) The office of facility schools and the office of the director of facility schools exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education. The office of facility schools and the office of the director of facility schools are type 2 entities, as defined in section 24-1-105.
C.R.S. § 22-2-404 Facility schools board - created - membership
22-2-404. Facility schools board - created - membership. (1) There is created the facility schools board to adopt curriculum standards and set graduation requirements for facility schools and to collaborate with and advise the office. The facility schools board consists of seven members appointed by the state board as set forth in this section. The state board shall appoint the initial members of the facility schools board on or before November 1, 2008. The facility schools board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education.
(2) The state board shall appoint the members of the facility schools board as follows:
(a) Two persons who represent school districts within Colorado, one of whom shall have expertise in special education;
(b) One person who represents state-level child placement agencies within Colorado;
(c) One person who represents county departments of human or social services within Colorado;
(d) Two persons who represent facilities within Colorado; and
(e) One person who represents students who receive educational services provided by facility schools in Colorado. The state board may choose a person who, as a child, received educational services provided by a facility school or who is a parent of a student who is receiving or formerly received educational services provided by a facility school.
(3) (a) In appointing the members of the facility schools board, the state board shall seek to ensure that the membership of the facility schools board collectively has expertise in the areas of:
(I) Curriculum and assessment;
(II) Educating students who are placed in facilities;
(III) Mental health;
(IV) Special education services; and
(V) School finance.
(b) The state board shall ensure that members of the facility schools board are representative of the various geographic areas of the state and are representative of the ethnic and racial diversity and gender balance within the state.
(4) Members of the facility schools board shall serve three-year terms; except that, of the members initially appointed, two members shall serve one-year terms and two members shall serve two-year terms. The state board may reappoint a person to serve successive terms on the facility schools board.
(5) Members of the facility schools board shall serve without compensation but may receive reimbursement for reasonable travel expenses incurred in fulfilling their duties on the facility schools board. The department staff shall assist the facility schools board in performing its duties.
C.R.S. § 22-2-405 Facility schools office - duties
22-2-405. Facility schools office - duties. (1) In addition to any other duties that may be required by law, the office shall:
(a) Develop and maintain, as described in section 22-2-407, the list of approved facility schools and the list of approved facility schools that receive accreditation;
(b) Make recommendations to the facility schools board regarding the curriculum for use in the approved facility schools;
(c) Make recommendations to the facility schools board regarding graduation requirements for students in approved facility schools. The unit's recommendations shall follow the comprehensive guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1)(a.5);
(d) Maintain, and make available as provided by law, student information and records for the students who receive educational services from approved facility schools;
(e) Ensure that each student who receives educational services from an approved facility school and who, upon leaving the facility, will reside in Colorado receives a unique identifying number, as provided in rules adopted pursuant to section 22-11-104, if the student has not already been assigned a number by the department; and
(f) Communicate and collaborate with the state department of human services, the county departments of human or social services, and referring agencies regarding the placement and transfer of students in facilities, including but not limited to communication concerning academic testing prior to and following placement and other academic and achievement testing.
(2) In complying with the duties specified in subsection (1)(d) of this section, the office shall:
(a) Adopt data reporting protocols and records transfer procedures for use by approved facility schools; and
(b) In purchasing a data system to maintain the records of students who are receiving educational services from approved facility schools, ensure that the data system selected is compatible with the system used by school districts in serving a majority of the students enrolled in public schools of the state.
(3) The office shall create, maintain, and annually publish:
(a) The accreditation outcome reports that the office develops for each approved facility school pursuant to section 22-2-406 (4)(c) on the office's public website; and
(b) A list of independent national accreditation organizations that are approved by the facility schools board pursuant to section 22-2-406 (4)(a)(IV).
(4) (a) The office shall contract with a qualified third-party evaluator to evaluate and report whether the work group recommendations made pursuant to section 22-2-407.5 resulted in more effective services and better access to those services for students with exceptionally severe and specialized needs. The office shall consult with the work group and qualified third-party evaluator to evaluate and report the following:
(I) Whether the number of approved facility school placements for students with exceptionally severe or specialized needs has stabilized or increased;
(II) Whether reliance on homebound and out-of-state placements has decreased;
(III) Whether administrative units that are unable to access approved facility school placements due to geographic or other constraints receive sufficient support from the technical assistance center created in section 22-2-412 to provide effective services to students with exceptionally severe or specialized needs;
(IV) Whether parents, guardians, advocates, county departments of human or social services, and other interested parties assess that the work group's implementation plan described in section 22-2-407.5 (4) has had a positive impact on services for students with exceptionally severe or specialized needs; and
(V) Any other measure of success the office, work group, and third-party evaluator determine necessary.
parents, guardians, advocates, county departments of human or social services, and other interested parties assess that the work group's implementation plan described in section 22-2-407.5 (4) has had a positive impact on services for students with exceptionally severe or specialized needs; and
(V) Any other measure of success the office, work group, and third-party evaluator determine necessary.
(b) On or before September 1, 2026, the qualified third-party evaluator shall submit a report to the work group and the office summarizing the measures and recommendations described in subsection (4)(a) of this section. The report must be included in the October 1, 2026, report required pursuant to section 22-2-407.5 (4)(e).
(5) (a) The office shall assemble stakeholders, including members of the work group, to analyze and recommend changes to the methods used for calculating tuition costs for approved facility schools pursuant to section 22-20-109 (2).
(b) As part of the October 1, 2023, report required pursuant to section 22-2-407.5 (4)(e), the office shall summarize the stakeholder recommendations described in subsection (5)(a) of this section, including whether statutory or rule updates are required to implement the recommendations.
(c) On or before July 1, 2024, the state board shall consider the proposed changes and promulgate rules implementing the new methods used for calculating tuition costs.
(d) As part of the October 1, 2024, report required pursuant to section 22-2-407.5 (4)(e), the office shall include an update describing the tuition changes adopted as of July 1, 2024.
C.R.S. § 22-2-406 Facility schools board duties - curriculum - graduation standards - report - rules
22-2-406. Facility schools board duties - curriculum - graduation standards - report - rules. (1) In addition to any other duties provided by law, the facility schools board shall:
(a) Adopt curriculum to be provided by approved facility schools. At a minimum, the facility schools board shall align the curriculum for the core subjects of reading, writing, mathematics, science, history, and geography with the state content standards adopted pursuant to section 22-7-1005 and the state assessments or alternate assessments administered as described in section 22-7-1006.3 (3). The curriculum must include a range of course work from which an approved facility school may select courses that meet the needs of the students who are placed at the facility, including a variety of instructional methods and strategies to meet student needs.
(b) Adopt accountability and accreditation measures, including academic performance measures, to be applied to approved facility schools and the students receiving educational services through the approved facility schools;
(c) Award a high school diploma to a student who, while receiving services through an approved facility school, meets the graduation requirements the facility schools board shall establish pursuant to subsection (3) of this section and who applies for the award of a high school diploma from the facility schools board; and
(d) Develop procedures to authorize facilities to operate as specialized day schools.
(2) The facility schools board may make recommendations to the state board and to the department of human services regarding any of the following issues:
(a) The process for placing a child or youth in a facility when the placement is initiated by a public entity and methods for improving the involvement of school districts in such placement decisions;
(b) The process for placing a child or youth in a facility when the placement is initiated by action by or request of a private person and methods by which school districts may be involved in such placement decisions;
(c) Methods and strategies for improving the quality of educational services provided by approved facility schools and for improving the educational outcomes for students who receive educational services from approved facility schools;
(d) Methods for recruiting and retaining highly qualified teachers and paraprofessionals for employment in approved facility schools;
(e) The provision of appropriate services for students with disabilities, including the process for developing and reviewing individualized education programs;
(f) Methods of reimbursing approved facility schools for the excess costs incurred in providing educational services to students with disabilities, including direct and indirect costs;
(g) The liability of the school districts of residence for providing a free and appropriate public education for the students who are placed in a facility and procedures to ensure students' rights to receive educational services;
(h) The oversight and monitoring of approved facility schools;
(i) Any other issues that are determined by the facility schools board to be within its purview and that are intended to improve educational outcomes for students receiving educational services from approved facility schools or to promote the efficient delivery of educational services to students who are placed in facilities; and
es;
(h) The oversight and monitoring of approved facility schools;
(i) Any other issues that are determined by the facility schools board to be within its purview and that are intended to improve educational outcomes for students receiving educational services from approved facility schools or to promote the efficient delivery of educational services to students who are placed in facilities; and
(j) The creation of an interagency resource guide to assist facilities in becoming licensed or authorized as approved facility schools, which must be adopted by the department, the department of human services, the department of health care policy and financing, and the department of public health and environment as set forth in section 22-2-410.
(3) The facility schools board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, to establish procedures by which a student who participates in an approved facility school may apply to receive a high school diploma awarded by the facility schools board. The facility schools board shall also, by rule, establish the graduation requirements that a student receiving educational services through an approved facility school shall meet to be awarded the facility school's high school diploma. In adopting the graduation requirements, the facility schools board shall take into consideration the recommendations of the office and shall ensure that the graduation requirements follow the guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1)(a.5).
(4) (a) (I) In complying with the duties specified in subsection (1)(b) of this section, on or before December 1, 2026, the facility schools board shall review the implementation of accountability measures by an approved facility school that has been approved for at least one year and recommend to the state board whether to accredit the approved facility school. The state board may grant accreditation to the approved facility school based on the facility schools board recommendation.
(II) If a facility school has been an approved facility school pursuant to section 22-2-407 (2)(b) for less than one year as of December 1, 2026, the approved facility school shall implement accountability measures within one year of approval before the facility schools board review pursuant to subsection (4)(a)(I) of this section.
(III) If a facility school becomes an approved facility school pursuant to section 22-2-407 (2)(b) after December 1, 2026, the approved facility school has one year to implement the accountability measures before a review by the facility schools board and accreditation approval by the state board pursuant to subsection (4)(a)(I) of this section.
(IV) (A) The facility schools board shall approve a list of recognized independent national accreditation organizations that accredit approved facility schools.
(B) If a recognized independent national accreditation organization accredits an approved facility school, the facility schools board may consider the recognized independent national accreditation as part of the facility schools board's accreditation review of the approved facility school pursuant to this subsection (4)(a)(IV).
(C) The office shall post the list of recognized independent national accreditation organizations to the office's website pursuant to section 22-2-405 (3).
ved facility school, the facility schools board may consider the recognized independent national accreditation as part of the facility schools board's accreditation review of the approved facility school pursuant to this subsection (4)(a)(IV).
(C) The office shall post the list of recognized independent national accreditation organizations to the office's website pursuant to section 22-2-405 (3).
(b) (I) Notwithstanding subsection (4)(b)(II) of this section, on or after December 1, 2026, a school district or an administrative unit shall only place a student in an approved facility school that receives accreditation from the state board or an independent national accreditation organization, unless the school district or administrative unit determines that there is not an accredited facility available and the selected placement is in the best interests of the student.
(II) If a student is a student in an out-of-home placement, as defined in section 22-32-138, and the change of educational placement is a result of placement in out-of-home care, the procedures set forth in section 22-32-138 must be followed.
(c) (I) On or after October 1, 2026, and each October 1 thereafter, the facility schools board shall create an accreditation outcome report for each approved facility school as part of the process to determine whether an approved facility school remains accredited. The accreditation outcome report must include information on student outcomes, postsecondary and workforce readiness, and student engagement.
(II) On or after December 1, 2026, and each December 1 thereafter, the facility schools board shall submit the accreditation outcome reports and accreditation recommendations to the state board.
(III) The state board may approve accreditation, deny accreditation, or grant conditional accreditation. If accreditation is conditional or denied by the state board, an approved facility school may respond to the office within sixty days after receiving the report. The facility schools board and state board may reconsider an approved facility school's accreditation status based on the accreditation outcome report and any other data submitted by an approved facility school or the office.
(IV) The office shall annually update on the office's website the accreditation outcome reports for each approved facility school pursuant to section 22-2-405 (3).
(5) (a) In developing procedures as set forth in subsection (1)(d) of this section, the facility schools board shall promulgate rules for the creation and maintenance of a list of schools that are authorized to operate as specialized day schools and are approved as facility schools to receive reimbursement for providing educational services to students placed in the specialized day school. The facility schools board shall promulgate rules specifying the following procedures:
(I) How to authorize a facility to operate, become accredited, and be maintained as a specialized day school;
(II) How to secure health and safety inspections of a specialized day school;
(III) How to secure zoning approval in cities and counties for a specialized day school;
(IV) How to procure employee background checks; and
(V) How to track and report incidents at specialized day schools.
(b) The facility schools board may enter into interagency agreements with the department of human services, department of public health and environment, and other state and local government agencies to implement this subsection (5).
ies and counties for a specialized day school;
(IV) How to procure employee background checks; and
(V) How to track and report incidents at specialized day schools.
(b) The facility schools board may enter into interagency agreements with the department of human services, department of public health and environment, and other state and local government agencies to implement this subsection (5).
(c) If a facility meets the criteria to become authorized to operate, become accredited, and be maintained as a specialized day school pursuant to subsection (5)(a) of this section, the office shall authorize the facility to operate as a specialized day school. The office shall periodically, as provided by rule of the facility schools board, review each specialized day school to determine whether the specialized day school is in compliance with the requirements set forth in subsection (5)(a) of this section. The facility schools board shall promulgate rules specifying the procedural requirements associated with the renewal of specialized day schools.
C.R.S. § 22-2-407 List of approved facility schools - application - criteria - rules
22-2-407. List of approved facility schools - application - criteria - rules. (1) Pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the facility schools board shall promulgate rules for the creation and maintenance as provided in this section of a list of facility schools that are approved to receive reimbursement for providing educational services to students placed in the facility. In addition to the rules specified in this section, the facility schools board shall adopt such additional rules as may be necessary for the implementation of the list pursuant to this section.
(2) (a) The facility schools board by rule shall specify:
(I) The procedures by which a facility school may apply to the office for placement on the list of approved facility schools;
(II) The information that each facility school shall provide in the application;
(III) The reporting requirements for approved facility schools; and
(IV) The criteria that a facility school shall meet to be placed on the list of approved facility schools.
(b) The office shall review the applications received pursuant to subsection (2)(a) of this section and shall place on the list of approved facility schools those applicants that meet the criteria specified by rule of the facility schools board. The office shall notify each applicant regarding placement on the list of approved facility schools. If the office denies an applicant placement on the list, the office shall explain the basis for the denial. An applicant that is denied may reapply for placement on the list following correction of the cause for denial.
(3) An approved facility school shall comply with the following requirements in order to remain on the list of approved facility schools:
(a) Adopt and implement the curriculum and graduation requirements specified by the facility schools board pursuant to section 22-2-406 (1)(a) and (3);
(b) Demonstrate compliance with the accountability measures adopted by the facility schools board pursuant to section 22-2-406 (1)(b);
(b.5) Demonstrate compliance with the accountability and accreditation measures within the time frames adopted by the facility schools board pursuant to section 22-2-406 (4);
(c) Comply with the reporting and records tracking requirements specified by the office pursuant to section 22-2-405 (1)(d) and (2); and
(d) Comply with any other requirements specified by rule of the facility schools board.
(3.5) An approved facility school or facility may act as a school food authority pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., or the federal "Child Nutrition Act of 1966", 42 U.S.C. sec. 1771 et seq.
(4) The office shall periodically, as provided by rule of the facility schools board, review each approved facility school to determine whether the approved facility school is in compliance with the requirements specified in subsection (3) of this section. If the office determines that an approved facility school is out of compliance, the office shall give the approved facility school notice of the lack of compliance. If the approved facility school does not come into compliance within thirty days after receiving the notice, the office shall remove the facility school from the list of approved facility schools. A facility school that is removed from the list of approved facility schools may reapply for placement on the list as provided in subsection (2) of this section.
C.R.S. § 22-2-407.5 Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding
22-2-407.5. Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding. (1) (a) On or before July 1, 2021, the department shall convene a work group of the stakeholders described in subsection (1)(b) of this section. The purpose of the work group is to develop and implement a sustainable model with capacity to meet the educational needs of children and youth in or at risk of out-of-home placement and children and youth who are at risk of educational failure due to challenging behavior, mental or behavioral health needs, or disabilities, regardless of the child's or youth's eligibility for special education services.
(b) The work group shall obtain input from parents and students who reflect the diversity of the state with regard to race, ethnicity, immigration status, income, and disability. The work group must include the following representatives:
(I) School districts;
(II) Boards of cooperative services;
(III) Special education directors;
(IV) Facility schools and facility school board members;
(V) The department of health care policy and financing;
(VI) The department of education;
(VII) The department of human services, including the division of youth services;
(VIII) County departments of human or social services;
(IX) Parents, guardians, and legal custodians of students with exceptionally severe or specialized needs; and
(X) Therapeutic facilities for students with exceptionally severe or specialized needs that are not approved facility schools.
(2) The work group shall:
(a) Define the target population of facility students;
(b) Analyze data to determine the educational needs of students in the target population;
(c) Analyze cost data for providing educational services to students in the target population;
(d) Evaluate existing capacity within the state, including, but not limited to, the location and number of desks in each facility school and other programs that currently serve students in the target population in Colorado;
(e) Evaluate other effective evidence-based options that currently exist in Colorado or in other states and that may be incorporated into the model to ensure the necessary capacity to serve students in the target population in the state;
(f) Identify barriers and develop solutions to address the development of additional capacity in educational programs in meeting the needs of students in the target population;
(g) Identify and analyze:
(I) The state's current capacity to provide appropriate instruction, support, and services to students in the target population;
(II) The current funding methodology for facility schools;
(III) The federal, state, local, and other sources of funding available to support the current educational options for serving students in the target population, including the restrictions on use of each type of funding;
(IV) The capacity and funding necessary to adequately serve and support students in the target population who will receive educational services through the model developed pursuant to this section; and
(V) The funding methodology and necessary resources to ensure long-term viability;
(h) Identify the outcomes that are to be evaluated pursuant to subsection (3) of this section; and
e of funding;
(IV) The capacity and funding necessary to adequately serve and support students in the target population who will receive educational services through the model developed pursuant to this section; and
(V) The funding methodology and necessary resources to ensure long-term viability;
(h) Identify the outcomes that are to be evaluated pursuant to subsection (3) of this section; and
(i) Develop short-term strategies to address the lost capacity in facility schools.
(3) The educational options for the model must clearly define the roles of the department of education, the department of human services, the department of health care policy and financing, and the department of public health and environment in the model's continuum, which includes, but is not limited to, residential treatment, day treatment, and hospitals. The model must include a means by which to evaluate appropriate outcomes of the target population served in the continuum.
(4) (a) After analyzing the data required pursuant to subsection (2) of this section, and no later than October 1, 2022, the work group shall develop the model through which educational services will be made available to the target population. On or before October 1, 2022, the work group shall develop the implementation plan, including the deadlines for identified deliverables within the plan to ensure that implementation of the model can begin on or before July 1, 2023, and be fully implemented on or before July 1, 2027. Additionally, the work group shall develop a report identifying any necessary statutory changes for full implementation of the model, as well as any fiscal impact of the model's implementation.
(b) The work group shall submit the information required by this subsection (4) to the department on or before October 1, 2022. On or before November 1, 2022, the department shall submit a written report summarizing the work group's work, as required pursuant to this subsection (4), to the joint budget committee.
(c) The department may contract with an independent facilitator to support the work group and write the report required pursuant to this subsection (4), and an independent entity to perform the financial analysis required pursuant to subsection (2)(g) of this section.
(d) On or before December 31, 2022, the commissioner of education, as defined in section 22-2-102, shall present the report compiled pursuant to subsection (4)(b) of this section to the joint budget committee, including details of the model, the implementation plan and timeline, any fiscal impact of implementing the model, any necessary statutory changes, and any recommendations to increase Colorado's system to serve and its capacity to support students in the target population, including short-term strategies developed to address lost facility school capacity.
his section to the joint budget committee, including details of the model, the implementation plan and timeline, any fiscal impact of implementing the model, any necessary statutory changes, and any recommendations to increase Colorado's system to serve and its capacity to support students in the target population, including short-term strategies developed to address lost facility school capacity.
(e) (I) On or before October 1, 2023, and on or before each October 1 during the implementation phase of the model, the department shall submit a written report concerning the progress of the model's implementation, including, but not limited to, the status of each deliverable identified in the implementation plan, any modifications to the implementation plan, and any statutory changes and funding necessary in the upcoming fiscal year in order to successfully implement each phase of the model. The department shall draft the report with ongoing input from the work group. The department shall submit the reports to the education committees of the house of representatives and the senate, or their successor committees, the joint budget committee, and the state board. The office shall post the reports on the office's website.
(II) As part of the October 1, 2023, report required pursuant to subsection (4)(e)(I) of this section, the office shall include recommendations to change the method used for calculating tuition costs for approved facility schools as described in section 22-2-405 (5) of this section and identify next steps. The department shall state whether statutory or rule updates are required to implement changes to the methods for calculating tuition costs.
(III) (A) As part of the October 1, 2024, report required pursuant to subsection (4)(e)(I) of this section, the department shall include an update describing the tuition changes described in subsection (4)(e)(II) of this section that are adopted as of July 1, 2024, pursuant to section 22-2-405 (5).
(B) As part of the October 1, 2024, report required pursuant to subsection (4)(e)(I) of this section, the department shall include the report summarizing the implementation of the interagency resource guide described in section 22-2-410 (2).
(IV) As part of the October 1, 2026, report required pursuant to subsection (4)(e)(I) of this section, the department shall include the report summarizing the evaluation measures and recommendations described in section 22-2-405 (4).
(V) As part of the October 1, 2025, and October 1, 2026, reports required pursuant to subsection (4)(e)(I) of this section, the department shall include the report summarizing information submitted to the department, as described in section 22-2-411 (7), by eligible applicants who received grant money from the shared operational services grant program created in section 22-2-411 (2).
(5) The work group shall consult with the department of health care policy and financing pursuant to section 25.5-1-104 (6) on a plan to provide guidance to approved facility schools on the eligibility standards required to request and receive medicaid reimbursement funding for therapeutic services to the maximum extent possible to reduce reliance on school district revenue for therapeutic services.
C.R.S. § 22-2-408 Approved facility schools - funding
22-2-408. Approved facility schools - funding. (1) For the 2008-09 budget year and for each budget year thereafter, each approved facility school shall submit its pupil enrollment to the department and receive funding from the department in accordance with the provisions of section 22-54-129.
(2) (a) For the 2009-10 budget year, through the 2021-22 budget year, the department shall annually withhold two percent of the amount payable to each approved facility school. For the 2022-23 budget year, the department shall withhold four percent of the amount payable to each approved facility school. The amount withheld shall be allocated to the office to offset the costs incurred by the office and the facility schools board in implementing this part 4.
(b) For the 2023-24 budget year, and for each budget year thereafter, funding for the administration of the office is provided through a separate appropriation.
(3) In state fiscal year 2021-22 only, and within available appropriations, the department shall distribute supplemental payments to facility schools approved by the department as of October 1, 2021. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2021-22 state fiscal year. The department shall determine the method through which the supplemental payments are distributed to all approved facility schools and shall ensure that the supplemental payments made pursuant to this subsection (3) are paid to the approved facility school prior to June 30, 2022.
(4) In state fiscal year 2022-23 only, and within available appropriations, the department shall distribute supplemental payments to approved facility schools that are approved by the department as of October 1, 2022. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2022-23 state fiscal year. The department shall determine the method through which the supplemental payments are distributed to all approved facility schools and shall ensure that the supplemental payments made pursuant to this subsection (4) are paid to the approved facility schools prior to June 30, 2023.
C.R.S. § 22-2-409 Notification of risk
22-2-409. Notification of risk. (1) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall notify the appropriate child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of a student who:
(a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital licensed or certified pursuant to section 25-3-101; and
(b) Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer.
(2) This section applies only to a hospital licensed or certified pursuant to section 25-3-301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (2), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been deemed to be a risk to himself or herself or the community within the twelve months prior to discharge.
(3) The notification required in subsection (1) of this section must be made at least ten calendar days prior to the student's transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student's needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services.
(4) If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state department of human services or county department of human or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138, of the receiving school district, charter school, or institute charter school within five calendar days following the student's placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition.
ormation provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition.
(5) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable.
(6) Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student.
(7) On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section 22-2-139, concerning the enrollment of students in the public school system who meet the requirements of subsection (1) of this section.
C.R.S. § 22-2-410 Administration - licensing - reports
22-2-410. Administration - licensing - reports. (1) On or before November 1, 2023, the department, in collaboration with the department of human services, department of health care policy and financing, and department of public health and environment, shall develop an interagency resource guide to assist facilities to become licensed or authorized and funded as an approved facility school and that must be adopted across departments to support efficient licensure and approval for the following types of facilities:
(a) A hospital licensed by the department of public health and environment pursuant to section 25-1.5-103;
(b) A residential child care facility, day treatment program, or other facility licensed by the department of human services pursuant to section 26-6-905; and
(c) A specialized day school authorized by the office pursuant to section 22-2-406 (5).
(2) On or before November 1, 2023, the department shall submit a report to the education committees of the house of representatives and the senate, or their successor committees, and the joint budget committee, summarizing the following:
(a) A plan for the implementation of the interagency resource guide described in subsection (1) of this section; and
(b) Any recommended changes to statutes, rules, or administrative procedures as determined by each department participating in the development of the interagency resource guide pursuant to subsection (1) of this section to improve administrative efficiency and eliminate duplication or other unnecessary administrative obstacles to the licensing, authorization, approval, and funding of approved facility schools.
(3) On or before October 1, 2024, the department shall submit a report summarizing the implementation of the interagency resource guide described in subsection (1) of this section to the education committees of the house of representatives and the senate, or their successor committees, and the joint budget committee. The report may be submitted as part of the report required pursuant to section 22-2-407.5 (4)(e).
(4) The office shall prominently post the interagency resource guide described in subsection (1) of this section on the office's website.
C.R.S. § 22-2-411 Shared operational services grant program - creation - report - rules - definitions - repeal
22-2-411. Shared operational services grant program - creation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Agency" means an independent agency that oversees approved facility schools.
(b) "Eligible applicant" means an approved facility school that applies to the grant program on behalf of itself and one or more other approved facility schools, an organization, or an agency.
(c) "Grant program" means the shared operational services grant program created in subsection (2) of this section.
(d) "Organization" means a public or private organization that provides or coordinates operational services for grantees.
(e) "Shared operational services" means services that support approved facility schools, including but not limited to food services, janitorial services, shared office space, billing, technical assistance on medicaid services, technology, security, transportation, or purchasing. Shared operational services may include purchasing and sharing items such as office supplies and technology.
(2) (a) (I) There is created in the department the shared operational services grant program to award an eligible applicant grant money for the span of two budget years to contract with an organization that provides or coordinates shared operational services for grantees.
(II) In the first year of the grant program, an eligible applicant who is awarded a grant shall determine the shared operational services needed by approved facility schools and contract with an organization to provide or coordinate services. In the second year of the grant program, the grantee shall work with the organization to provide the shared operational services for the approved facility schools.
(b) The department shall implement a timeline for the grant program, which must include the following:
(I) The date the department announces the grant program and begins accepting applications from eligible applicants;
(II) The date the eligible applicants must submit applications by; and
(III) The date the department begins distributing grant money to the eligible applicants that are awarded a grant.
(c) An eligible applicant that chooses to apply for a grant must submit an application to the department. The application must include, at a minimum, the following information:
(I) The types of shared operational services needed by approved facility schools;
(II) The name of the organization the eligible applicant plans on contracting with for shared operational services;
(III) Projected budget and cost savings by implementing shared operational services between approved facility schools; and
(IV) The sustainability of the shared operational services after the grant program concludes.
(3) The department shall review the applications submitted pursuant to subsection (2)(c) of this section and make recommendations to the state board. The state board shall take into consideration the recommendations of the department in selecting eligible applicants that receive grants and determining the amount of each grant.
(4) In selecting grantees, the state board shall give priority to eligible applicants who:
(a) Create a detailed plan to meet the various needs of approved facility schools that require shared operational services; and
The state board shall take into consideration the recommendations of the department in selecting eligible applicants that receive grants and determining the amount of each grant.
(4) In selecting grantees, the state board shall give priority to eligible applicants who:
(a) Create a detailed plan to meet the various needs of approved facility schools that require shared operational services; and
(b) Anticipate the sustainability of shared operational services after the grant program concludes based on the information submitted pursuant to subsection (2)(c)(IV) of this section.
(5) The state board may promulgate rules as necessary for the implementation of this section.
(6) To ensure accountability, the department shall conduct an audit of an eligible applicant who receives grant money.
(7) (a) On or before September 1, 2024, each eligible applicant that is awarded grant money shall submit an interim report to the department. On or before September 1, 2025, each eligible applicant that is awarded grant money shall submit a final report to the department. The interim and final reports must include the following information:
(I) The types of shared operational services that were provided or coordinated by the organization;
(II) A performance review of the organization that provided or coordinated shared operational services between approved facility schools;
(III) An analysis of cost savings based on the implementation of the shared operational services; and
(IV) The projected sustainability of the shared operational services after the grant program concludes.
(b) As part of the October 1, 2024, and October 1, 2025, reports required pursuant to section 22-2-407.5 (4)(e), the department shall submit information that, at a minimum, summarizes the information received by the department pursuant to subsection (7)(a) of this section.
(8) This section is repealed, effective September 1, 2026.
C.R.S. § 22-2-412 Technical assistance center - creation - definitions
22-2-412. Technical assistance center - creation - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Administrative unit" has the same meaning as set forth in section 22-20-103.
(b) "Board of cooperative services" or "BOCES" means a board of cooperative services created pursuant to article 5 of this title 22 that operates one or more public schools.
(c) "Center" means the technical assistance center created in subsection (2) of this section.
(d) "Remote school district" means a school district in Colorado, irrespective of pupil enrollment, that is more than fifty miles from the nearest large, urbanized area.
(e) "Rural school district" means a school district in Colorado that the department determines is rural, based on the geographic size of the school district, the distance of the school district from the nearest large, urbanized area, and a total enrollment of six thousand five hundred or fewer students.
(2) (a) There is created in the office the technical assistance center to provide technical assistance to school districts and related administrative units serving students with exceptionally severe or specialized needs who need to be served by an approved facility school but are unable to access an approved facility school due to lack of proximity to an approved facility school or other factors. The center shall prioritize technical assistance to rural school districts, remote school districts, and other school districts and related administrative units that face significant obstacles to providing supports to serve students with exceptionally severe or specialized needs.
(b) Technical assistance may include:
(I) Training;
(II) Professional development;
(III) Coaching;
(IV) Supports for resource sharing and collaboration between administrative units, approved facility schools, school districts, or BOCES; and
(V) Direct supports to administrative units to ensure the administrative unit provides a free and appropriate public education for students with exceptionally severe or specialized needs.
(3) (a) Beginning in the 2023-24 budget year, the center shall assess the needs of school districts, prioritizing rural school districts, remote school districts, and other school districts and related administrative units that face significant obstacles to providing supports to serve students with exceptionally severe or specialized needs.
(b) Beginning in the 2024-25 budget year, the center shall provide technical assistance to school districts, prioritizing rural school districts, remote school districts, and other school districts and related administrative units that face significant obstacles to providing supports to serve students with exceptionally severe or specialized needs.
(4) The qualified third-party evaluator described in section 22-2-405 (4) shall study the effectiveness of the center, which must include feedback from school districts and administrative units that use the services of the center.
(5) Subject to available appropriations, the center may extend support services to school districts and related administrative units to improve services for students with exceptionally severe or specialized needs, including through grant programs and direct and contracted services.
C.R.S. § 22-2-501 Legislative declaration
22-2-501. Legislative declaration. (1) The general assembly hereby finds that:
(a) Teachers have a great impact in student achievement. Evidence shows that teacher quality can account for the majority of variances in student learning and test scores.
(b) The teaching and learning conditions under which teachers practice their profession, though often overlooked, are essential elements to student achievement and teacher retention. These conditions must be systematically studied and addressed for Colorado to develop a critical mass of teachers who are well prepared to teach and who will remain in hardest-to-staff schools long enough to make a significant difference for students and their families.
(c) Research also demonstrates that the negative effects of teacher shortages and distribution challenges have a disproportionate impact on the nation's most disadvantaged students, leaving poor and minority children more likely to be taught by less-qualified and under-prepared teachers.
(d) Teachers who are truly highly qualified teach well-designed, standards-based lessons and are able to teach those lessons successfully because they know how and why their students learn. These teachers work effectively with their colleagues to push and lead school improvement and work steadily to sharpen their skills and increase their knowledge because they believe it is part of their professional responsibility to do so.
(e) National board certification is a nationally accepted sign of quality in the teaching profession and offers a nationwide standard for evaluating and encouraging quality teaching. It is a means to recognize and reward the accomplished teachers the state needs to build competitive, world-class schools. National board certified teachers advance the quality of teaching and learning by maintaining high and rigorous standards for what accomplished teachers should know and be able to do.
(2) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, implementation of measures designed to improve teacher quality, recruitment, and retention through this part 5 and through House Bill 08-1384, as enacted at the second regular session of the sixty-sixth general assembly, is a critical element of accountable education reform, accountable programs to meet state academic standards, and performance incentives for teachers and, therefore, may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-2-502 Definitions
22-2-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(1.5) "Education support professional" means a Colorado school district paraprofessional who may not be licensed, as described in article 60.5 of this title 22, but provides direct instruction, supports licensed staff in an educational capacity, or supports instruction and the learning environment, including, without limitation:
(a) Teaching assistant, regular education;
(b) Teaching assistant, special education;
(c) Title 1 teaching assistant;
(d) Teaching or classroom technician;
(e) Tutor;
(f) Library or media assistant;
(g) Bilingual assistant;
(h) Educational interpreter;
(i) Braillist;
(j) Occupational therapist assistant;
(k) Physical therapist assistant;
(l) Health screener;
(m) Counselor assistant;
(n) Health-care technician;
(o) Student monitor;
(p) Child find coordinator;
(q) Child care provider or group leader; and
(r) Community liaison.
(2) "Low-performing, high-needs school" means a school that is required to submit a priority improvement or turnaround plan pursuant to section 22-11-210.
C.R.S. § 22-2-503 Teaching and learning conditions survey
22-2-503. Teaching and learning conditions survey. (1) Subject to available appropriations, the department shall administer a biennial teaching and learning conditions survey, referred to in this section as the "survey", to all preschool teachers, elementary teachers, secondary teachers, and education support professionals in public schools of the state. The survey must be designed to assess, at a minimum:
(a) Teaching and learning conditions as predictors of student achievement;
(b) The correlation, if any, between teaching and learning conditions and teacher retention;
(c) The relationship, if any, between teaching and learning conditions and school administration; and
(d) The relationship, if any, between teaching and learning conditions and measures of school climate, as experienced by students and teachers.
(2) The survey results may be used by schools, school districts, the department, state policymakers, and researchers as a resource for:
(a) School and program design;
(b) Professional development programs;
(c) School improvement plans;
(d) School district continuous improvement programs;
(e) State education reform initiatives concerning achievement gaps, teacher gaps, dropout rates, and graduation rates;
(f) Other analyses to inform school improvement efforts; and
(g) Improving ways to measure and improve school climate and teaching and learning environments.
C.R.S. § 22-2-504 National certification compensation - definition - study
22-2-504. National certification compensation - definition - study. (1) Beginning with the 2009-10 school year for teachers, school counselors, and principals who hold a certification from the national board for professional teaching standards, and school counselors who hold a certification from the national board for certified counselors, and beginning with the 2019-20 school year for nationally certified school psychologists who hold a certification from the national association of school psychologists, collectively referred to in this section as "school professionals", the department, subject to available appropriations, shall award an annual stipend of one thousand six hundred dollars to any school professional who is employed in a school district, a program operated by a board of cooperative services, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. For any stipends that are awarded, the department shall allocate the stipend money to the school district that employs the school professional who is to receive the stipend, and the school district shall then make payment directly to the eligible school professional. A school district may, at its discretion, withhold any required employer retirement and medicare contributions associated with the stipend pursuant to this section from the one thousand six hundred dollar stipend amount. For any stipends that are awarded, the stipend shall be:
(a) Payable on May 1, 2009, and each May 1 thereafter, for nationally certified teachers, school counselors, and principals;
(b) Payable on May 1, 2020, and each May 1 thereafter, for nationally certified school psychologists;
(c) Prorated for less than full-time employment;
(d) Considered regular salary pursuant to section 24-51-101 (42)(a); and
(e) In addition to, and not in lieu of, any existing compensation being awarded at the local level to a school professional.
(2) Beginning with the 2009-10 school year for nationally certified teachers, school counselors, and principals, and beginning with the 2019-20 school year for nationally certified school psychologists, subject to available appropriations, an additional annual stipend of three thousand two hundred dollars shall be awarded to any school professional who meets the criteria set forth in subsection (1) of this section and who is employed as of May 1 in a given school year in a low-performing, high-needs school. Subject to available appropriations, a school professional shall continue to receive the additional stipend award pursuant to this subsection (2) if the school professional remains employed in a school that was previously a low-performing, high-needs school but improved sufficiently to implement an improvement or performance plan pursuant to section 22-11-210. The additional stipend for a school professional is subject to the same restrictions and requirements as set forth in subsection (1) of this section.
(3) (a) On or before August 30, 2011, the department shall contract with an outside source to conduct two studies concerning the effectiveness of any annual stipends awarded to teachers pursuant to this section.
(b) The first study shall evaluate the effect of national board certification on student achievement, using longitudinal growth as a measurement. The results of the study shall describe, at a minimum, any differential effectiveness correlated to school characteristics, including but not limited to:
(I) Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., eligibility;
(II) School size; and
(III) The proportion of students who attend the school for whom English is a second language.
urement. The results of the study shall describe, at a minimum, any differential effectiveness correlated to school characteristics, including but not limited to:
(I) Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., eligibility;
(II) School size; and
(III) The proportion of students who attend the school for whom English is a second language.
(c) The second study shall evaluate the effectiveness of any stipends awarded on encouraging teachers to obtain national board certification and encouraging teachers to teach in low-performing schools, the effect of the national board certification on teacher retention, and the effect of having national board certified teachers on the culture of the school.
(d) On or before January 30, 2012, the department shall submit a report containing the findings of the study to the education committees of the house of representatives and the senate, or any successor committees, the governor, and the commissioner of education.
(4) If insufficient funding is available to award a stipend pursuant to subsection (1) of this section to all school professionals, stipends shall be awarded only to those school professionals who meet the criteria of subsection (1) of this section and who are employed in a low-performing, high-needs school.
C.R.S. § 22-2-505 Minority teacher recruitment - short title - legislative declaration - study - report
22-2-505. Minority teacher recruitment - short title - legislative declaration - study - report. (1) The general assembly finds and declares that:
(a) Diversity of teachers in K-12 classrooms is important not only because it helps provide positive role models for students but also because it offers a broader cultural understanding of learning strategies and needs;
(b) The most recent data for Colorado shows that while approximately forty-four percent of students in Colorado are minorities, only twelve percent of teachers are minorities; and
(c) Statewide, the number of minority teachers has not kept up with population growth and changes in student diversity.
(2) The general assembly therefore declares that it is a matter of statewide concern to study and develop strategies to increase and improve the recruitment, preparation, and retention of high-quality minority teachers in Colorado's public school system.
(3) The department shall study and develop strategies to increase and improve the recruitment, preparation, development, and retention of high-quality minority teachers in elementary and secondary schools in Colorado. On or before December 1, 2014, the department shall prepare a report on its findings, including current statewide and district demographics and recommendations, and submit it to the office of the governor, the state board of education, and the education committees of the house of representatives and senate, or any successor committees. The department shall present the report on its findings to the education committees of the house of representatives and senate, or any successor committees, on or before January 30, 2015.
(4) This section shall be known as "Aliyah's Law".
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