Online Education Programs

C.R.S. tit. 22, art. 30.7
in effect

C.R.S. § 22-30.7-101 Legislative declaration

22-30.7-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Online education represents a twenty-first century approach to teaching and learning that is appropriate for today's students; (b) Technological advances, particularly in the development and dissemination of resources through the internet, can provide alternatives for the provision of educational services that can be customized to serve the diverse needs of today's student population; (c) Technology and online education, including both full-time and supplemental programs, are important tools to enhance educational opportunities and improve educational outcomes; (d) The growth of online education is challenging existing educational policy, administration, and oversight; (e) Online programs and online schools must be accountable to students and parents and to the institutions that accredit online programs and online schools; (f) The state has a role in ensuring quality oversight of online programs and online schools, but the state should not replace a school district or an authorizing entity in directly administering online programs and online schools; (g) Local control of schools is a fundamental Colorado value; (h) It is the role of families and students to choose their schools and models of education; and (i) A student's access to educational opportunities should not be limited by where the student lives or by the financial, social, or other resources that are available or unavailable to the student. (2) The general assembly further finds that: (a) In response to a report of the state auditor released December 11, 2006, concerning a performance audit of online education in Colorado, the Donell-Kay foundation created the Trujillo commission consisting of a small group of online education stakeholders and professionals; (b) The Trujillo commission held public meetings and solicited input from online education professionals and participants throughout the state concerning recommendations for the oversight and operation of online education in Colorado, and, based on the information and ideas collected, produced a final report released February 15, 2007. (3) The general assembly finds, therefore, that the state should: (a) Avail itself of enhanced technological services, which are available as a result of technological advances, to serve the educational needs of the citizens of the state more appropriately; and (b) Take immediate action to ensure quality and accountability in the online educational programs offered within the state.

C.R.S. § 22-30.7-102 Definitions

22-30.7-102. Definitions. As used in this article, unless the context otherwise requires: (1) Repealed. (2) "Authorizer" means an entity that authorizes an online program or online school. "Authorizer" shall include a school district, any group of two or more school districts, a board of cooperative services created pursuant to section 22-5-104, or the state charter school institute established pursuant to section 22-30.5-503. (3) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (4) "Learning center" means a facility in which a consistent group of students meets more often than once per week under the supervision of a teacher or mentor for a significant portion of a school day for the purpose of participating in an online program. A group of parents and students meeting repeatedly, occasionally, and informally, even if facilitated by a school, shall not constitute a "learning center", and a private home shall not be considered a "learning center" under any circumstances. (5) "Mentor" means an individual who is responsible for providing supervision at a learning center. A "mentor" shall not be required to be a licensed teacher but shall, at a minimum, satisfy the requirements specified for a paraprofessional as such requirements are described in the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq. (6) "Multi-district online school" means an online school that serves a student population drawn from two or more school districts. (7) "Online division" means the division of online learning created in the department of education pursuant to section 22-30.7-103. (8) "Online learning expert" means a person with special knowledge of and experience in the teaching or administration of single-district online programs and online schools, multi-district online schools, or supplemental programs for students in kindergarten through twelfth grade. (9) "Online program" means a full-time education program authorized pursuant to this article that delivers a sequential program of synchronous or asynchronous instruction, directed by a teacher, primarily through online digital learning strategies that provide students choice over time, place, and path, and teacher-guided modality, of learning. "Online program" does not include a supplemental program. Accountability for each student in an online program is attributed to a designated school that houses the online program. Notwithstanding any other provision of this subsection (9) to the contrary, an online program with one hundred or more students is an online school and not an online program. (9.5) "Online school" means a full-time education school authorized pursuant to this article that delivers a sequential program of synchronous or asynchronous instruction, directed by a teacher, primarily through online digital learning strategies that provide students choice over time, place, and path, and teacher-guided modality, of learning. An online school has an assigned school code and operates with its own administrator, a separate budget, and a complete instructional program. An online school is responsible for fulfilling all reporting requirements and is held to state and federally mandated accountability processes. (10) "Online pupil enrollment" shall have the same meaning as provided in section 22-54-103 (8.5). (11) "Parent" means a biological parent, adoptive parent, or legal guardian. (12) "Pupil enrollment" shall have the same meaning as provided in section 22-54-103 (10). (12.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5). (13) "Single-district online program" or "single-district online school" means an online program or online school that serves only students who reside within a single school district. (14) "Standard MOU form" means the standard memorandum of understanding form adopted by the state board pursuant to section 22-30.7-111 (5). count day" has the same meaning as set forth in section 22-54-103 (10.5). (13) "Single-district online program" or "single-district online school" means an online program or online school that serves only students who reside within a single school district. (14) "Standard MOU form" means the standard memorandum of understanding form adopted by the state board pursuant to section 22-30.7-111 (5). (15) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (16) "Supplemental program" means a program that offers one or more online courses to students to augment an educational program provided by a school district, charter school, or board of cooperative services.

C.R.S. § 22-30.7-103 Division of online learning - created - duties - report

22-30.7-103. Division of online learning - created - duties - report. (1) Creation. (a) There is hereby created within the department the division of online learning. The head of the division shall be the director of online learning and shall be appointed by the commissioner of education in accordance with section 13 of article XII of the state constitution. (b) The division of online learning and the office of the director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education. (2) Purposes. The purposes of the online division are: (a) To support online programs and online schools, students, parents, authorizers, and other entities related to online learning by providing information and access to available data; and (b) To facilitate the certification of multi-district online schools in accordance with rules promulgated by the state board pursuant to section 22-30.7-106. (3) Duties. The online division has the following duties: (a) To consult with the state board in its creation of quality standards pursuant to section 22-30.7-105 for use by authorizers; (b) To evaluate applications for certification of multi-district online schools using criteria adopted by rules promulgated by the state board pursuant to section 22-30.7-106 and to recommend that the state board grant or deny certification based upon the criteria; (c) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1500, § 24, effective August 10, 2011.) (d) To recommend to the state board on or before September 1, 2007, a process, timeline, and standard MOU form for use by multi-district online schools and school districts in crafting memoranda of understanding pursuant to section 22-30.7-111 regarding the placement of learning centers within the boundaries of a school district. At a minimum, the standard MOU form shall include the information specified in section 22-30.7-111 (1)(b). (e) to (g) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1500, § 24, effective August 10, 2011.) (h) Notwithstanding section 24-1-136 (11)(a)(I), to prepare a summary report to be submitted on or before June 1, 2014, and on or before June 1 every five years thereafter, to the state board and the education committees of the house of representatives and the senate, or any successor committees; (h.5) Repealed. (i) To establish a process and timeline for documenting and tracking complaints concerning online programs and online schools; (j) To collect resources to support the implementation of quality online programs and online schools and make the resources available to online programs and online schools upon request; (k) To use the final report of the Trujillo commission on online education, which report was released February 15, 2007, as a basis for the recommendations, criteria, standards, reporting requirements, and rules required pursuant to this subsection (3); (l) To annually collect and review information concerning sound financial and accounting practices and resources for each online program and online school. The information may be the same information submitted by online charter schools pursuant to section 22-30.5-109 (1). (m) If the online division has reason to believe that an online program or online school is not in substantial compliance with one or more of the statutory or regulatory requirements applicable to online programs and online schools, to provide notice to the online program or online school, and its authorizer, and require that the online program or online school, together with its authorizer, address a plan for coming into compliance. The plan may be included in the school plan required pursuant to section 22-11-210 (2). h one or more of the statutory or regulatory requirements applicable to online programs and online schools, to provide notice to the online program or online school, and its authorizer, and require that the online program or online school, together with its authorizer, address a plan for coming into compliance. The plan may be included in the school plan required pursuant to section 22-11-210 (2). (n) To prepare an annual report of information received from online schools and the authorizers of online schools concerning students who withdraw from enrollment after the pupil enrollment count day. The report must, at a minimum, include the date on which the student withdrew from enrollment; the grade level at which the student was enrolled at the beginning of the school year and the grade level at which the student was enrolled when the student transferred; and, to the extent known, whether the student during the same school year enrolled in another public school, a private school, or a nonpublic home-based educational program as defined in section 22-33-104.5 or graduated from or completed high school. The online division shall submit the report to the state board and the education committees of the senate and the house of representatives, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (3)(n) continues indefinitely.

C.R.S. § 22-30.7-104 On-line learning advisory board - created - reports - repeal

22-30.7-104. On-line learning advisory board - created - reports - repeal. (Repealed)

C.R.S. § 22-30.7-105 Program criteria - guidelines - quality standards - records - rules

22-30.7-105. Program criteria - guidelines - quality standards - records - rules. (1) (a) A school district and the state charter school institute established pursuant to section 22-30.5-503 are hereby authorized to create or oversee single-district online programs or single-district online schools. (b) A school district, a group of two or more school districts, a board of cooperative services created pursuant to section 22-5-104, and the state charter school institute established pursuant to section 22-30.5-503 are hereby authorized to create or oversee multi-district online schools, subject to the requirement that the authorizer apply to the online division for certification of the multi-district online school as described in section 22-30.7-106. If a school district, a group of two or more school districts, a board of cooperative services, or the state charter school institute agrees to become the authorizer for an operating multi-district online school that was previously authorized by another authorizer and certified pursuant to section 22-30.7-106, the new authorizer must apply to the online division for a new certification of the multi-district online school as described in section 22-30.7-106. (c) Nothing in this article shall be construed to prohibit an online program or online school from providing supplemental online courses. (2) The following guidelines apply to each online program or online school created or overseen pursuant to the provisions of this article 30.7: (a) A student who is participating in an online program or online school is subject to compulsory school attendance as provided in article 33 of this title and is deemed to comply with the compulsory attendance requirements through participation in the online program or online school. Each online program and online school must document a student's compliance with compulsory attendance requirements by documenting the student's attendance and participation in educational activities that the online program's or online school's authorizer deems appropriate to support student learning, which activities may include, but need not be limited to, assessment, orientation, and induction activities; in-person educational instruction; and synchronous and asynchronous internet-based educational activities. (b) Each student participating in an online program or online school is subject to the state assessments administered pursuant to section 22-7-1006.3. (c) The provisions of article 36 of this title concerning schools of choice shall apply to an online program or online school implemented pursuant to this article. (d) The provisions of the "Education Accountability Act of 2009", article 11 of this title 22, apply to an online program or online school implemented pursuant to this article 30.7 in the same manner as said provisions apply to the other public schools operating in this state. If an online school is on performance watch, as defined in section 22-11-103, and changes authorizers in its original form or as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed. If an online school is closed as a result of actions taken pursuant to section 22-11-210 (5), the online school must reapply for certification before it may again operate in its original form or as a successor school, regardless of whether the online school or successor school is authorized by the same or a different authorizer. watch under the new authorizer as if the authorizer had not changed. If an online school is closed as a result of actions taken pursuant to section 22-11-210 (5), the online school must reapply for certification before it may again operate in its original form or as a successor school, regardless of whether the online school or successor school is authorized by the same or a different authorizer. (3) (a) An online program or online school that is administered pursuant to the provisions of this article shall satisfy the quality standards established by rules promulgated by the state board pursuant to paragraph (b) of this subsection (3). (b) On or before January 1, 2008, the state board, in consultation with the online division, shall promulgate rules establishing quality standards for online programs and online schools administered pursuant to the provisions of this article. The rules shall include, but need not be limited to, the establishment of quality standards in the following areas: (I) An online program's or online school's governance, vision, and organization; (II) Standards-based curricula and data-driven instructional practices; (III) Technological capacity and support; (IV) Internet safety; (V) Sound financial and accounting practices and resources; (VI) Student academic performance and improvement; (VII) Monitoring and assessment of student academic performance and improvement; (VIII) Course completion measurements; (IX) Attendance tracking procedures; (X) Data analysis, management, and reporting; (XI) Guidance counseling; (XII) Engagement of parents and communities in online programs and online schools; (XIII) Provisions for students with special needs, including gifted and talented students and English language learners; and (XIV) Program evaluation and improvement. (c) Repealed. (4) (a) The records of each student participating in a multi-district online school shall be maintained on a permanent basis by the authorizer of the multi-district online school; except that, if a charter school provides the multi-district online school, only the charter school and not the authorizer shall be required to maintain the records. The records shall include, but need not be limited to: (I) Attendance data; (II) Test, evaluation, and statewide assessment results; (III) Immunization records, as required by sections 25-4-902 and 25-4-903, C.R.S.; and (IV) Such other records as are required under law concerning enrolled students, including but not limited to records required by state or federal statutes concerning the education of students with disabilities. (b) (I) If a student enrolled in a school of a school district transfers to an online program or online school, the school district shall transmit, using secure electronic means if available, to the receiving online program or online school the student's complete records, including all performance, attendance, and assessment data, within fourteen days after the school district receives notice from the online program or online school that the student has enrolled in the online program or online school. (II) If a student who is enrolled in an online program or online school transfers to a school of a school district or to an institute charter school, the online program or online school shall transmit, using secure electronic means if available, to the receiving school the student's complete records, including all performance, attendance, and assessment data, within fourteen days after the online program or online school receives notice from the school district that the student has enrolled in the school. rict or to an institute charter school, the online program or online school shall transmit, using secure electronic means if available, to the receiving school the student's complete records, including all performance, attendance, and assessment data, within fourteen days after the online program or online school receives notice from the school district that the student has enrolled in the school. (5) Each student participating in an online program or online school shall be a resident of this state and shall demonstrate that he or she possesses the appropriate electronic equipment and resources to participate in the program or school; except that an online program or online school may provide such equipment and resources to a student to enable the student to participate in the online program or online school.

C.R.S. § 22-30.7-106 Certification of multi-district online schools - criteria - rules

22-30.7-106. Certification of multi-district online schools - criteria - rules. (1) If a school district, a group of two or more school districts, a board of cooperative services created pursuant to section 22-5-104, or the state charter school institute established pursuant to section 22-30.5-503 chooses to authorize a multi-district online school, the school district, group of two or more school districts, board of cooperative services, or state charter school institute shall, prior to authorizing the multi-district online school, apply to the online division for certification of the multi-district online school. (2) Notwithstanding the provisions of subsection (1) of this section, the state board may, in its discretion, waive the requirement that an authorizer that chooses to authorize a multi-district online school apply to the online division for certification of the school if the multi-district online school that the authorizer seeks to authorize has ten or fewer students from outside the school district enrolled in the school. (3) Notwithstanding the provisions of subsection (1) of this section, an authorizer of a single-district online program or online school that becomes a multi-district online school shall not be required to apply to the online division for certification of the multi-district online school in the event that ten or fewer students from outside the school district in which the single-district online program or online school is operating enroll in the multi-district online school. (4) The state board shall promulgate rules specifying criteria to be used by the online division in certifying multi-district online schools. The criteria shall include, but need not be limited to, the following: (a) Whether the authorizer of the multi-district online school possesses adequate resources and the capacity to oversee the multi-district online school, including but not limited to oversight of the following components of the multi-district online school: (I) Curriculum and instruction; (II) Use of software applications and technology; (III) Data gathering, analysis, and reporting; (IV) Human resources management; (V) Financial management, facilities management, and risk management; and (VI) Other relevant public education administration functions; (b) Whether the plan for operating and monitoring the multi-district online school agreed to by the authorizer of the multi-district online school and the principal, director, or other chief administrator of the multi-district online school adequately addresses, at a minimum, consideration of the following elements: (I) The multi-district online school's vision, mission, and goals; (II) The multi-district online school's organizational structure and governance, including governing board and school policies and procedures; (III) Equitable access for all students; (IV) Guidance counseling for all students enrolled in the multi-district online school; (V) Student academic credit policies; (VI) Student achievement and attendance policies, including but not limited to monitoring graduation and dropout rates; (VII) Student records policies and procedures; (VIII) Student admission and placement policies and procedures; (IX) Staff development plans; (X) Student services, including counseling and tutorial support; (XI) Staff, student, and parent handbooks; (XII) Employment and contractor policies and procedures; (XIII) Annual budgeting and finance practices; (XIV) Facility plans, including any contemplated physical sites; (XV) Risk management; (XVI) Data development, analysis, and reporting; and (XVII) Policies and procedures for facilitating communication between the multi-district online school, parents, and school districts in which students who are enrolled in the multi-district online school reside; and Annual budgeting and finance practices; (XIV) Facility plans, including any contemplated physical sites; (XV) Risk management; (XVI) Data development, analysis, and reporting; and (XVII) Policies and procedures for facilitating communication between the multi-district online school, parents, and school districts in which students who are enrolled in the multi-district online school reside; and (c) The degree to which the multi-district online school will satisfy the quality standards for online programs and online schools described in section 22-30.7-105. (5) On or before January 1, 2008, the state board shall promulgate rules establishing processes and timelines by which a prospective authorizer may apply to the online division for certification of a multi-district online school pursuant to this section. (6) On or before January 1, 2008, the state board shall create an expedited procedure for the approval or denial of certification for multi-district online schools that were operating as of January 1, 2007. (7) Notwithstanding any provision of this section to the contrary, an authorizer of a multi-district online school that was operating as of January 1, 2007, may continue to operate until August 1, 2008, without receiving certification of the school by the online division pursuant to this section. (8) The state board shall not approve the certification of a multi-district online school until the state board has promulgated rules for such certification pursuant to this section. (9) The department shall determine whether a newly authorized multi-district online school is actually a new multi-district online school or a successor to a previously authorized multi-district online school by applying criteria adopted by the department. If the department determines that a newly authorized multi-district online school is a successor school, the authorizer for the multi-district online school may, within thirty days after receiving notice of the decision, appeal the decision to the state board pursuant to the state board's administrative policies.

C.R.S. § 22-30.7-107 Funding

22-30.7-107. Funding. (1) Repealed. (2) For purposes of determining total program funding pursuant to article 54 of this title 22: (a) (I) A school district that is providing a single-district online program or online school, or a school district in which a district charter school is providing a single-district online program or online school, shall include each student who is enrolled in the single-district online program or online school as of the pupil enrollment count day of the applicable budget year in the school district's pupil enrollment for the applicable budget year and shall receive the school district's per-pupil funding for each student enrolled in the single-district online program or online school. (II) An institute charter school that is providing a single-district online program or online school shall include each student who is enrolled in the single-district online program or online school as of the pupil enrollment count day of the applicable budget year in the institute charter school's pupil enrollment for the applicable budget year and shall receive the per-pupil funding of the institute charter school's accounting district for each student enrolled in the single-district online program or online school. (b) (I) A school district that is providing a multi-district online school, or a school district in which a district charter school is providing a multi-district online school, shall include each student who is enrolled in the multi-district online school as of the pupil enrollment count day of the applicable budget year in the school district's online pupil enrollment for the applicable budget year and must receive online funding as specified in article 54 of this title 22. (II) An institute charter school that is providing a multi-district online school shall include each student who is enrolled in the multi-district online school as of the pupil enrollment count day of the applicable budget year in the institute charter school's online enrollment for the applicable budget year and must receive online funding as specified in article 54 of this title 22. (3) and (4) Repealed. (5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, providing funding to the online division for online education is a permissible use of the moneys in the state education fund because the moneys are being used for accountable education reform, for accountable programs to meet state academic standards, for class-size reduction, for expanding technology education, and for accountability reporting as authorized by section 17 (4)(b) of article IX of the state constitution.

C.R.S. § 22-30.7-108 Extracurricular and interscholastic activities

22-30.7-108. Extracurricular and interscholastic activities. (1) A student who is participating in an online program or an online school, other than a student who is participating in the online program or online school after having been expelled from a public school, may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a private school, at the private school's discretion, as provided in section 22-32-116.5. (2) As used in this section, "extracurricular or interscholastic activity" shall have the same meaning as "activity" as set forth in section 22-32-116.5 (10)(a).

C.R.S. § 22-30.7-109 On-line programs - reports - rules

22-30.7-109. On-line programs - reports - rules. (Repealed)

C.R.S. § 22-30.7-109.5 Online programs and online schools - report to authorizer and department

22-30.7-109.5. Online programs and online schools - report to authorizer and department. Each online program and online school shall annually submit to its authorizer and to the department information, pursuant to state board rules, concerning sound financial and accounting practices and resources. A multi-district online school shall notify its authorizer and the department of any intent to amend the program's or school's application for certification to expand grade levels served by the program or school. If the department concludes that the online program or online school should not be permitted to amend its application for certification to expand grade levels served by the program or school based on the quality standards established by the state board pursuant to section 22-30.7-105, the department shall notify the authorizer and the online program or online school of its decision within thirty days after receiving the notification from the program or school. The authorizer shall then have thirty days to appeal the department's decision to the state board, pursuant to the state board's administrative policies.

C.R.S. § 22-30.7-110 Reviews of multi-district programs - rules

22-30.7-110. Reviews of multi-district programs - rules. (Repealed)

C.R.S. § 22-30.7-111 Learning centers - memoranda of understanding - rules - appeal process

22-30.7-111. Learning centers - memoranda of understanding - rules - appeal process. (1) (a) A multi-district online school that intends to provide instruction to students within one or more learning centers shall, before providing such instruction, seek to enter into a memorandum of understanding with each school district in which the multi-district online school intends to provide instruction within a learning center. (b) A multi-district online school that intends to provide instruction to students within a learning center shall notify the school district in which the proposed learning center is located of the multi-district online school's intention in writing at least ninety days before the multi-district online school intends to commence providing such instruction. The notice must include the standard MOU form that addresses, at a minimum, the following information as it applies to each learning center to be located within the school district: (I) A description of any curricula that will be offered by the multi-district online school at the learning center; (II) The proposed location of the learning center; (III) The grade levels to be served at the learning center; (IV) The number of students projected to attend the multi-district online school at the learning center; (V) Any building permits or certifications of building safety that may be required by law; (VI) A list of all staff positions at the learning center, including a description of duties for each position; (VII) Measures to ensure compliance with state and federal laws concerning educator licensing, fingerprint-based criminal history record checks, and name-based judicial record checks; (VIII) The name of and contact information for the multi-district online school and the names of and contact information for all learning center administrators; and (IX) The plans for one or more public meetings to be held prior to the opening of a learning center. (c) Within forty-five days after receiving the notice and standard MOU form from a multi-district online school pursuant to paragraph (b) of this subsection (1), the school district and the multi-district online school shall meet to discuss the terms of the memorandum of understanding, based on the standard MOU form provided with the notice. The school district and the multi-district online school may mutually agree to change the information in the standard MOU form provided with the notice or to include information in the memorandum of understanding in addition to that included in the standard MOU form. (d) Within forty-five days after receiving the notice and the standard MOU form pursuant to paragraph (b) of this subsection (1), the school district and the multi-district online school shall hold at least one public meeting at which they shall receive public input concerning location of one or more learning centers within the school district. (e) No later than forty-five days after the school district receives the notice and standard MOU form pursuant to paragraph (b) of this subsection (1), the school district shall notify the multi-district online school, the online division, and the state board in writing of the school district's decision whether to enter into a memorandum of understanding with the multi-district online school for operation of a learning center within the school district. If the school district does not provide notice of its decision within forty-five days, the standard MOU form provided by the multi-district online school with the notice shall become effective on the forty-sixth day following the school district's receipt of the notice and standard MOU form, and the multi-district online school may proceed under the terms of the standard MOU form as provided to the school district. rict does not provide notice of its decision within forty-five days, the standard MOU form provided by the multi-district online school with the notice shall become effective on the forty-sixth day following the school district's receipt of the notice and standard MOU form, and the multi-district online school may proceed under the terms of the standard MOU form as provided to the school district. (f) A school district may refuse to enter into a memorandum of understanding with a multi-district online school for the operation of a learning center within the school district only if: (I) The standard MOU form provided by the multi-district online school fails to satisfy the requirements described in paragraph (b) of this subsection (1); or (II) The school district reasonably determines that the multi-district online school is contrary to the best interests of the pupils, parents, community, or school district. (g) If a school district refuses to enter into a memorandum of understanding with a multi-district online school for operation of a learning center, the multi-district online school may appeal the school district's decision to the state board pursuant to the provisions of subsection (6) of this section. (h) Notwithstanding any provision of this section to the contrary, a multi-district online school that seeks to operate a learning center within a school district shall not be required to enter into a memorandum of understanding with the school district if the school district is the authorizer of the multi-district online school. (i) Notwithstanding any provision of this section to the contrary, a school district and a multi-district online school may mutually agree in writing to decline to enter into a memorandum of understanding. (j) To ensure that all students have a reasonable opportunity to benefit from online education, a school district and a multi-district online school shall make good faith efforts to craft and enter into a memorandum of understanding pursuant to the provisions of this section. (2) A memorandum of understanding entered into by a school district and a multi-district online school pursuant to the provisions of this section shall be effective for three years. A school district and a multi-district online school may enter into an unlimited number of successive memoranda of understanding. (3) If a school district and a multi-district online school enter into a memorandum of understanding pursuant to the provisions of this section, the memorandum of understanding shall include consideration of all learning centers that the multi-district online school proposes, at the time the memorandum of understanding is crafted, to operate within the school district, and the memorandum of understanding shall supersede any memorandum of understanding previously entered into by the school district and the multi-district online school. (4) (a) If a multi-district online school is operating a learning center within a school district under the terms of a memorandum of understanding, and the multi-district online school seeks to operate an additional learning center within the school district, which additional learning center is not contemplated in an existing memorandum of understanding, the multi-district online school shall provide notice to the school district of the multi-district online school's intention to operate an additional learning center. The notice shall include the standard MOU form. (b) Upon receiving notice from a multi-district online school as described in paragraph (a) of this subsection (4), the school district shall decide whether to seek to craft a new memorandum of understanding with the multi-district online school, and the school district shall notify the multi-district online school of the school district's decision within thirty days after receiving the notice described in paragraph (a) of this subsection (4). online school as described in paragraph (a) of this subsection (4), the school district shall decide whether to seek to craft a new memorandum of understanding with the multi-district online school, and the school district shall notify the multi-district online school of the school district's decision within thirty days after receiving the notice described in paragraph (a) of this subsection (4). (c) (I) If the multi-district online school receives notice within thirty days that the school district has decided to seek to craft a new memorandum of understanding, the multi-district online school and the school district shall seek to craft a new memorandum of understanding pursuant to the provisions of this section. (II) If the multi-district online school does not receive notice within thirty days after the school district's decision, or the multi-district online school receives notice that the school district has decided not to seek to craft a new memorandum of understanding, the multi-district online school may begin to operate the additional learning center. (5) On or before October 1, 2007, the state board shall approve the standard MOU form, which shall, at a minimum, include the information specified in paragraph (b) of subsection (1) of this section. The standard MOU form approved by the state board shall be based on the standard MOU form recommended by the online division pursuant to section 22-30.7-103 (3)(d). (6) (a) On or before January 1, 2008, the state board shall promulgate rules establishing procedures and timelines by which a multi-district online school may appeal to the state board a decision by a school district to refuse to enter into a memorandum of understanding with the multi-district online school for the operation of a learning center within the school district. (b) If the state board determines that a school district's decision to refuse to enter into a memorandum of understanding was contrary to the best interests of the pupils, parents, community, or school district, the state board shall issue an order directing the school district to enter into a final memorandum of understanding with the multi-district online school regarding the placement of one or more learning centers within the school district and to use the standard MOU form provided with the notice pursuant to paragraph (b) of subsection (1) of this section as the basis for the final memorandum of understanding. (c) Upon receiving notice from a multi-district online school that the multi-district online school is appealing a decision by a school district to refuse to enter into a memorandum of understanding with the multi-district online school, the state board shall resolve the dispute within forty-five days by either affirming the school district's decision or issuing an order directing the school district to enter into a memorandum of understanding with the multi-district online school, as described in paragraph (b) of this subsection (6). (7) Notwithstanding any provision of this section to the contrary, a multi-district online school that operates one or more learning centers within a school district as of January 1, 2007, may continue to operate learning centers within the school district until August 1, 2008, without entering into a memorandum of understanding with the school district. A multi-district online school that operates one or more learning centers within a school district as of January 1, 2007, shall provide notification to the school district on or before September 1, 2007, of any learning centers being operated by the multi-district online school within the school district. The notice shall include the information described in subparagraphs (I) through (VIII) of paragraph (b) of subsection (1) of this section.

C.R.S. § 22-30.7-112 Certification of authorizers of multi-district on-line schools - quality standards - implementation recommendations - pilot program design - task force - legislative declaration - repeal

22-30.7-112. Certification of authorizers of multi-district on-line schools - quality standards - implementation recommendations - pilot program design - task force - legislative declaration - repeal. (Repealed)

C.R.S. § 22-30.7-113 Online pilot programs - interim reports - legislative declaration

22-30.7-113. Online pilot programs - interim reports - legislative declaration. (1) The general assembly finds that: (a) Several challenges exist in providing online programs, online schools, and supplemental programs that effectively and successfully meet the educational needs of students and their families; (b) Colorado's elementary and secondary education community is in a unique position to operate pilot programs to try to meet these challenges by implementing innovative strategies to provide online education, including strategies for enhancing and measuring student academic growth and success; and (c) Authorizing and supporting pilot programs will help foster partnerships among education providers and result in data to support replication and the scaling of unique education policies that are successfully implemented through the pilot programs. (2) (a) The department shall work with the task force created in section 22-30.7-112 to establish the parameters for, duration of, and methods for evaluating pilot programs as described in this section and to issue to authorizers requests for proposals for the pilot programs. The department shall issue the requests for proposals no later than October 15, 2014. The pilot programs must begin operation no later than the 2015-16 school year. (b) The pilot programs may include, but need not be limited to: (I) A pilot program to use objective, verifiable, and multiple measures of student achievement as indicators of school quality, which measures align with the Colorado academic standards adopted pursuant to section 22-7-1005; (II) A pilot program to use a student-count process that is based on course completion and student competency rather than enrollment; (III) A pilot program to examine methods of using tiered interventions in online education to support individual students through a well-integrated system that is matched to students' academic, social-emotional, and behavioral needs; and (IV) A pilot program to identify and explain the requirements students must meet and the responsibilities that students must accept to succeed in online education. (c) An authorizer that participates in a pilot program pursuant to this section must continue to meet statutory and regulatory requirements, including but not limited to the requirements related to funding and accountability, while participating in the pilot program. (3) An authorizer that participates in a pilot program pursuant to this section shall submit to the department the data requested by the department to evaluate the success of the policies implemented through the pilot program. Beginning with the first school year in which a pilot program operates, the department shall prepare an annual written summary of each pilot program, which must, at a minimum, include a description of the pilot program, an evaluation of the effectiveness of the policies implemented through the pilot program, and an evaluation of whether the policies are scalable to other authorizers. The department shall submit the annual summary to the state board of education, the governor's office, and the education committees of the senate and the house of representatives, or any successor committees. (4) The department may accept and expend public and private gifts, grants, and donations to offset the costs incurred by the department and by participating authorizers in implementing pilot programs pursuant to this section. Notwithstanding any provision of this section to the contrary, the department must implement the provisions of this section only if the department receives appropriations or public or private gifts, grants, or donations in an amount it deems sufficient to offset the costs incurred in implementing pilot programs pursuant to this section.
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

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