Public Schools of Choice

C.R.S. tit. 22, art. 36
in effect

C.R.S. § 22-36-101 Choice of programs and schools within school districts

22-36-101. Choice of programs and schools within school districts. (1) Except as otherwise provided in subsection (3) of this section, every school district, as defined in section 22-30-103 (13), shall allow: (a) Its resident pupils who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in particular programs or schools within such school district; and (b) Commencing with the 1994-95 school year and thereafter, nonresident pupils from other school districts within the state who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in particular programs or schools within such school district without requiring the nonresident pupils to pay tuition. (2) (a) Every school district shall adopt such policies and procedures as are reasonable and necessary to implement the provisions of subsection (1) of this section, including, but not limited to, timelines for application to and acceptance in any program or school that may provide for enrollment of the student on or before the pupil enrollment count day, and, while adopting policies and procedures, the school district shall consider adopting a policy establishing that an applicant with a proficiency rating of unsatisfactory in one or more academic areas who attends a public school that is required to implement a turnaround plan pursuant to section 22-11-406 or that is subject to restructuring pursuant to section 22-11-210 shall have priority over any other applicant for enrollment purposes. If a school district permits a student whose parent or guardian is a resident of the state but not a resident of the district to attend school in the district, the school district shall not require the parent, guardian, or student to pay tuition to attend school in the district, regardless of when during the school year, or under what circumstances, the student enrolls in or attends school in the district. (b) In implementing the provisions of subsection (1) of this section, no school district shall be required to: (I) Make alterations in the structure of a requested school or to make alterations to the arrangement or function of rooms within a requested school; (II) Establish and offer any particular program in a school if such program is not currently offered in such school; (III) Alter or waive any established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, and required levels of performance; or (IV) Enroll any student pursuant to this section in any program or school after the pupil enrollment count day. (c) As used in this subsection (2), unless the context otherwise requires, "pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5). (3) Any school district may deny any of its resident pupils or any nonresident pupils from other school districts within the state permission to enroll in particular programs or schools within such school district only for any of the following reasons: (a) There is a lack of space or teaching staff within a particular program or school requested, in which case, priority shall be given to resident students applying for admission to such program or school. (b) The school requested does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of the pupil or does not offer a particular program requested. (c) The pupil does not meet the established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, and required levels of performance. (d) A desegregation plan is in effect for the school district, and such denial is necessary in order to enable compliance with such desegregation plan. il or does not offer a particular program requested. (c) The pupil does not meet the established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, and required levels of performance. (d) A desegregation plan is in effect for the school district, and such denial is necessary in order to enable compliance with such desegregation plan. (e) The student has been expelled, or is in the process of being expelled, for the reasons specified in section 22-33-106 (1)(c.5) or (1)(d) or the student may be denied permission to enroll pursuant to section 22-33-106 (3)(a), (3)(b), (3)(c), (3)(e), or (3)(f). (4) Repealed. (5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), any pupil who enrolls in a school district other than the pupil's school district of residence pursuant to this article may remain enrolled in that school district's school or program through the end of the school year. (b) This subsection (5) shall not apply if: (I) The nonresident pupil is expelled pursuant to statute from the school or program described in paragraph (a) of this subsection (5); (II) The nonresident pupil's attendance or participation in the school or program described in paragraph (a) of this subsection (5) requires the school district to perform any of the functions described in subparagraphs (I) to (III) of paragraph (b) of subsection (2) of this section; or (III) The nonresident pupil is excluded from the school or program described in paragraph (a) of this subsection (5) for any of the reasons described in paragraphs (a) to (d) of subsection (3) of this section.

C.R.S. § 22-36-102 Interdistrict schools of choice pilot program - repeal

22-36-102. Interdistrict schools of choice pilot program - repeal. (Repealed)

C.R.S. § 22-36-103 Eligibility of school districts for participation in interdistrict schools of choice pilot program - repeal

22-36-103. Eligibility of school districts for participation in interdistrict schools of choice pilot program - repeal. (Repealed)

C.R.S. § 22-36-104 Interdistrict schools of choice pilot program grants - repeal

22-36-104. Interdistrict schools of choice pilot program grants - repeal. (Repealed)

C.R.S. § 22-36-105 Schools of choice fund - creation - purpose - repeal

22-36-105. Schools of choice fund - creation - purpose - repeal. (Repealed)

C.R.S. § 22-36-106 Department - distribution of information

22-36-106. Department - distribution of information. (1) The department shall make information available to the public about the enrollment options which are available throughout the public school system in Colorado. (2) Repealed.

C.R.S. § 22-36-107 Inbound active duty military families - school enrollment - registration - legislative declaration - definitions

22-36-107. Inbound active duty military families - school enrollment - registration - legislative declaration - definitions. (1) (a) The general assembly finds and declares that: (I) Active duty military families make significant sacrifices in order to keep our country safe; (II) These sacrifices often include frequent moves to military installations across the country and the world; (III) As a result of frequent moves, children of military families may attend several different schools over the course of their elementary and secondary school education; (IV) These frequent moves are especially difficult for military families with children who have special educational needs; (V) The ability of military families to find the best schools for the needs of their children and to transition children to new school environments is further hindered when permanent change in station orders are not received prior to the close of school choice enrollment for many public schools; and (VI) Furthermore, active duty military members who are required to live on a department of defense installation are not able to move into the geographic area assigned to the schools of their choice, making the opportunity to participate in open enrollment more critical. (b) Therefore, the general assembly declares that it is the policy of the state to make the school enrollment process in Colorado, including school choice enrollment, more accessible for active duty military families. (2) 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 an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. (b) "Inbound active duty military member" means an active duty military member who receives new orders, or a command letter issued in lieu of orders, for a permanent change of station to a department of defense military installation within the state of Colorado. (c) "School district" means a school district, other than a local college district, organized and existing pursuant to law. (3) (a) Each school district and each charter school shall permit an inbound active duty military member to use the school liaison office address for the military installation to which the inbound active duty military member is or will be assigned: (I) To apply for open enrollment in a school district school or program; and (II) To enroll a child in a charter school and to apply for open enrollment in a charter school. (b) The school district or charter school shall not require additional documentation of a child's Colorado address to apply for open enrollment. (c) A school district, including a school district school or program, or a charter school shall allow an inbound active duty military member to submit applications for enrollment or open enrollment by electronic means and to register a child remotely, without requiring the child, the parent or legal guardian of the child, or another person to appear physically or by proxy at a location within the state for registration. If required, the inbound active duty military member must be allowed to provide proof of residency within the school district and records of disciplinary actions within ten days after the child's attendance in the school district or charter school. The school district school or program or charter school shall allow the child of an inbound active duty military member the same opportunity to request school assignments, register for courses, or apply for the same courses offered to students who are already present in the state. records of disciplinary actions within ten days after the child's attendance in the school district or charter school. The school district school or program or charter school shall allow the child of an inbound active duty military member the same opportunity to request school assignments, register for courses, or apply for the same courses offered to students who are already present in the state. (d) Nothing in this section requires an inbound active duty military member to use the school liaison office address for the military installation or to have permanent change of station orders or a command letter in lieu of orders prior to enrolling in or participating in open enrollment if such address, order, or letter would not otherwise be required for enrollment or open enrollment. (e) The school district school or program or charter school in which the child of an inbound active duty military member is open enrolled shall grant guaranteed automatic matriculation while the child remains in the school district school or program, school district, or charter school. A school district or charter school shall grant guaranteed automatic matriculation to the next grade, even if the next grade is in a different school level or school building, in the same manner guaranteed automatic matriculation is provided to resident students. The school district school or program, school district, or charter school shall grant priority preference for the younger siblings of that child for purposes of enrolling in subsequent school years.
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