C.R.S. § 22-30.5-101 Short title
22-30.5-101. Short title. This part 1 shall be known and may be cited as the "Charter Schools Act".
Charter Schools
C.R.S. tit. 22, art. 30.5
in effectC.R.S. § 22-30.5-102 Legislative declaration
22-30.5-102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is the obligation of all Coloradans to provide all children with schools that reflect high expectations and create conditions in all schools where these expectations can be met;
(b) Education reform is in the best interests of the state in order to strengthen the performance of elementary and secondary public school pupils, that the best education decisions are made by those who know the students best and who are responsible for implementing the decisions, and, therefore, that educators and parents have a right and a responsibility to participate in the education institutions which serve them;
(c) Different pupils learn differently and public school programs should be designed to fit the needs of individual pupils and that there are educators, citizens, and parents in Colorado who are willing and able to offer innovative programs, educational techniques, and environments but who lack a channel through which they can direct their innovative efforts.
(2) The general assembly further finds and declares that this part 1 is enacted for the following purposes:
(a) To improve pupil learning by creating schools with high, rigorous standards for pupil performance;
(b) To increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low-achieving;
(c) To encourage diverse approaches to learning and education and the use of different, innovative, research-based, or proven teaching methods;
(d) To promote the development of longitudinal analysis of student progress, in addition to participation in the Colorado student assessment program, to measure pupil learning and achievement;
(e) To create new employment options and professional opportunities for teachers and principals, including the opportunity to be responsible for the achievement results of students at the school site;
(f) To provide parents and pupils with expanded choices in the types of education opportunities that are available within the public school system;
(g) To encourage parental and community involvement with public schools;
(g.5) To address the formation of research-based charter schools that use programs that are proven to be effective;
(h) To hold charter schools accountable for performance through the "Education Accountability Act of 2009", including but not limited to meeting state, school district, and school targets for the measures used to determine the levels of attainment of the performance indicators;
(i) To provide an avenue for citizens to participate in the educational process and environment;
(j) To provide citizens with multiple avenues by which they can obtain authorization for a charter school.
(3) In authorizing charter schools, it is the intent of the general assembly to create a legitimate avenue for parents, teachers, and community members to implement new and innovative methods of educating children that are proven to be effective and to take responsible risks and create new and innovative, research-based ways of educating all children within the public education system. The general assembly seeks to create an atmosphere in Colorado's public education system where research and development in developing different learning opportunities is actively pursued. As such, the provisions of this part 1 should be interpreted liberally to support the findings and goals of this section and to advance a renewed commitment by the state of Colorado to the mission, goals, and diversity of public education.
C.R.S. § 22-30.5-103 Definitions
22-30.5-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Alternative administrative unit" means the state charter school institute acting in accordance with section 22-30.5-105.3 as the administrative unit, pursuant to section 22-20-106 (1)(b), for a charter school authorized by a school district, a charter school network authorized and acting as an administrative unit pursuant to section 22-20-106 (1)(b), or a charter school collaborative authorized and acting as an administrative unit pursuant to section 22-20-106 (1)(b).
(1.3) "At-risk pupil" means a pupil who, because of physical, emotional, socioeconomic, or cultural factors, is less likely to succeed in a conventional educational environment.
(1.5) "Automatic waiver" means the waiver of a state statute or state board rule:
(a) That is included on the list of automatic waivers adopted by rule of the state board;
(b) That is available to each charter school, including an institute charter school, and is valid for the initial, or subsequent renewal, term of the charter contract; and
(c) For which a charter school, including an institute charter school, is not required to submit a statement that specifies the manner in which the charter school intends to comply with the intent of the automatically waived state statute or state board rule.
(2) "Charter school" means a public school that enters into a charter contract pursuant to the provisions of this part 1.
(3) "Department" means the department of education created pursuant to section 24-1-115, C.R.S.
(3.5) "Education management provider" means a nonprofit, not-for-profit, or for-profit entity that contracts with a charter school to provide, manage, or oversee all or substantially all of the educational services provided by the charter school. Education management provider does not include a charter school collaborative established pursuant to part 6 of article 30.5 of this title.
(4) "Local board of education" means the school district board of education.
(5) "Moratorium" means a school district's official policy of refusing to authorize charter schools and an ongoing pattern or practice of refusing to accept or review charter school applications.
(6) "Online pupil" means:
(a) For the 2007-08 budget year, a child who receives educational services predominantly through an online program or online school created pursuant to article 30.7 of this title.
(b) For the 2008-09 budget year, and for each budget year thereafter, a child who receives educational services predominantly through a multi-district online school, as defined in section 22-30.7-102 (9.5), created pursuant to article 30.7 of this title.
(6.5) "Private school" means a primary or secondary educational institution for students in kindergarten through twelfth grade or any portion thereof that may or may not have attained nonprofit status, that does not receive state funding through the "Public School Finance Act of 2025", article 54 of this title 22, and that is supported in whole or in part by tuition payments or private donations.
(6.6) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5).
(6.7) "School food authority" means:
(a) A school district or the state charter school institute;
(a.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(a.5) A board of cooperative services created pursuant to article 5 of this title that elects to operate as a school food authority pursuant to section 22-5-120; or
(b) A district charter school or an institute charter school that:
(I) The commissioner of education or his or her designee provisionally authorizes as a school food authority pursuant to section 22-32-120 (6); or
(II) The department of education authorizes as a school food authority pursuant to section 22-32-120 (5).
(7) "State board" means the state board of education.
C.R.S. § 22-30.5-104 Charter school - requirements - authority - rules - definitions
22-30.5-104. Charter school - requirements - authority - rules - definitions. (1) A charter school shall be a public, nonsectarian, nonreligious, non-home-based school which operates within a public school district.
(2) (a) A charter school applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto.
(b) A charter school shall be a public school of the school district that approves its charter application and enters into a charter contract with the charter school. In accordance with the requirement of section 15 of article IX of the state constitution, the charter school shall be subject to accreditation by the school district's local board of education pursuant to the school district's policy for accrediting the public schools of the school district adopted pursuant to section 22-11-307 and section 22-32-109 (1)(mm). The charter school shall also be subject to annual review by the department pursuant to section 22-11-210.
(3) (a) A charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. A charter school is subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district; except that a charter school is not required to make alterations in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application.
(a.5) A charter school may give preference to enrolling children with disabilities, as defined in section 22-20-103. Upon approval of the local board of education, the charter school may develop and implement an enrollment preference plan to increase the enrollment of children with disabilities. In exercising the enrollment preference plan for children with disabilities, a charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. A charter school may allow a parent to voluntarily provide information regarding whether the parent's child has a disability.
(b) As used in this subsection (3):
(I) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(II) "Race" includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.
(4) (a) A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the chartering local board of education. Effective July 1, 2013, each charter school that was initially chartered on or after August 6, 1997, shall organize as a nonprofit corporation pursuant to the "Colorado Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law. Notwithstanding organization as a nonprofit corporation, a charter school shall annually complete a governmental audit that complies with the requirements of the department of education.
ze as a nonprofit corporation pursuant to the "Colorado Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law. Notwithstanding organization as a nonprofit corporation, a charter school shall annually complete a governmental audit that complies with the requirements of the department of education.
(b) An entity that holds a charter authorized pursuant to this part 1 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the charter school maintains a governing board that is independent of the education management provider.
(4.5) (a) In order to clarify the status of charter schools for purposes of tax-exempt financing, a charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the school district unless the school district specifically assumes such obligations.
(b) (Deleted by amendment, L. 2004, p. 1571, § 3, effective June 3, 2004.)
(5) Except as otherwise provided in sections 22-20-109, 22-32-115, and 22-54-109, a charter school shall not charge tuition.
(6) (a) Pursuant to contract, a charter school may operate free from specified school district policies and free from state rules pursuant to subsection (6)(b) of this section. Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the state board; except that a charter school shall not, by contract or otherwise, operate free of the requirements contained in the "Public School Finance Act of 2025", article 54 of this title 22, the requirements specified in part 4 of article 11 of this title 22 concerning school accountability committees, or the requirements contained in the "Children's Internet Protection Act", article 87 of this title 22.
(b) The state board shall promulgate rules that list the automatic waivers for all charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (6)(b) to the contrary, the state board shall not include the following statutes on the list of automatic waivers:
(I) Section 22-9-106, concerning the performance evaluation system for licensed personnel;
(I.5) Section 22-32-109 (1)(b), concerning procedures for competitive bidding in the purchase of goods and services, except professional services;
(II) Section 22-32-109 (1)(n), concerning the annual school calendar and teacher-pupil contact hours;
(II.5) Section 22-32-110 (1)(y), concerning the power to accept and expend gifts, donations, or grants; and
(III) Part 2 of article 63 of this title 22, concerning the employment of licensed personnel.
for competitive bidding in the purchase of goods and services, except professional services;
(II) Section 22-32-109 (1)(n), concerning the annual school calendar and teacher-pupil contact hours;
(II.5) Section 22-32-110 (1)(y), concerning the power to accept and expend gifts, donations, or grants; and
(III) Part 2 of article 63 of this title 22, concerning the employment of licensed personnel.
(c) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to:
(I) School accountability committees as described in section 22-11-401;
(II) The assessments required to be administered pursuant to section 22-7-1006.3;
(III) School performance reports pursuant to part 5 of article 11 of this title;
(IV) The "Public School Finance Act of 2025", article 54 of this title 22;
(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 charter school employees;
(VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 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;
(X) 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
(XI) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5.
(d) Upon request of a charter applicant, the state board and the local board of education of the school district to which the charter applicant applies shall provide summaries of the state and district rules and policies to use in preparing a charter school application. The department shall prepare the summary of state rules within existing appropriations. A waiver of state rules or local school district regulations made pursuant to this subsection (6) must be for the term of the charter for which the waiver is made; except that a waiver of state statutes or state board rules by the state board is subject to periodic review as provided by state board rule and may be revoked if the waiver is deemed no longer necessary by the state board. A school district that applies to the state board for a waiver on behalf of a charter school is only required to provide a complete copy of the signed charter contract.
(7) (a) A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services, facilities, and personnel matters.
(b) A charter school may negotiate and contract with a school district, the governing body of a state college or university, the state of Colorado, a school food authority, a charter school collaborative, a board of cooperative services, another district charter school, an institute charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the charter school is required or chooses to perform in order to carry out the educational program described in its charter contract. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b).
the charter school is required or chooses to perform in order to carry out the educational program described in its charter contract. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b).
(c) In no event shall a charter school be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district.
(d) A charter school or an institute charter school authorized pursuant to part 5 of this article that is operating in a school district building may purchase the building and the grounds upon which the building is located from the school district, at the school district's discretion, according to terms established by mutual agreement of the parties. If a charter school that has purchased a school building and grounds pursuant to this paragraph (d) vacates the school building and grounds or elects to sell the school building and grounds, the school district that sold the school building and grounds to the charter school pursuant to this paragraph (d) shall have first right of refusal to reacquire and purchase the property at fair market value or in accordance with other terms of repurchase established by mutual agreement of the parties.
(e) Notwithstanding the provisions of paragraphs (b) and (c) of this subsection (7) or the provisions of subsection (7.5) of this section, a school district that has space in district facilities that is unoccupied may sell the facilities or use the facilities for a different purpose and is not required to maintain ownership of the facilities for potential use by a charter school.
(7.5) (a) No later than November 1, 2016, and no later than November 1 each year thereafter, each school district that authorizes a charter school and that has or is expecting to have one or more vacant or underused buildings or vacant or underused land available during the next school year shall prepare a list of the vacant or underused buildings and land and provide the list, upon request, to charter schools authorized by the school district, charter school applicants, and other interested persons. The school district shall also post on its website a notice that the list of underused and vacant buildings and land is available to interested persons upon request. The school district must provide the list within two school days after receiving a request. No later than forty-five days after the school district posts the availability of the list or after receiving the list, whichever is later, a charter school of the school district or charter applicant may apply to the school district to use the building or the school district land as the location for the charter school. The local board of education shall review each application for use and, in a public meeting held no later than ninety days after the school district posts the availability of the list, approve or disapprove each application for use of the building or school district land. If the local board of education disapproves an application for use, it must explain at the public meeting and provide in writing to the applicant the reasons for disapproval.
application for use and, in a public meeting held no later than ninety days after the school district posts the availability of the list, approve or disapprove each application for use of the building or school district land. If the local board of education disapproves an application for use, it must explain at the public meeting and provide in writing to the applicant the reasons for disapproval.
(b) For purposes of this subsection (7.5), a building is considered underused if it has unused capacity to accommodate two hundred fifty students or more.
(8) A charter school shall be authorized to offer any educational program, including but not limited to an online program or online school created pursuant to article 30.7 of this title, that may be offered by a school district and that is research-based and has been proven to be effective, unless expressly prohibited by state law.
(9) All decisions regarding the planning, siting, and inspection of charter school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the charter school's chartering school district.
(10) A charter school may apply for authorization as a school food authority pursuant to section 22-32-120.
(11) (a) If a charter school chooses to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program, the charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request, pursuant to section 22-30.5-503 (3.5), that the state charter school institute act as a fiscal manager for the charter school or consortium of charter schools for purposes of grant management. The charter school or consortium of charter schools shall pay the fee, if any, imposed by the state charter school institute board as provided in section 22-30.5-503 (3.5).
(b) A charter school that applies for a grant pursuant to this subsection (11) shall provide to its authorizing district:
(I) A copy of the grant application at the time the application is submitted to the grant maker;
(II) Notice that the charter school did or did not receive the grant moneys; and
(III) If the charter school receives the grant moneys, a summary of the grant requirements, a summary of how the charter school is using the grant moneys, and periodic reports on the charter school's progress in meeting the goals of the grant as stated in its application.
(c) If a charter school intends to apply for a grant that the school's authorizing school district is also intending to apply for, the charter school shall seek to collaborate with the school district in the application and to submit the application jointly. If the charter school and the school district are unable to agree to collaborate in applying for the grant, the charter school may apply for the grant pursuant to this subsection (11) independently or in collaboration with other charter schools.
(12) Pursuant to the provisions of section 22-32-110 (1)(jj), a charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.
ant to this subsection (11) independently or in collaboration with other charter schools.
(12) Pursuant to the provisions of section 22-32-110 (1)(jj), a charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.
(13) Each charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from its chartering school board pursuant to section 22-32-109 (1)(pp). In addition to annual distribution, a charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The charter school may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees.
C.R.S. § 22-30.5-104.5 Charter school and charter authorizer standards review committee - creation - duties - repeal
22-30.5-104.5. Charter school and charter authorizer standards review committee - creation - duties - repeal. (Repealed)
C.R.S. § 22-30.5-104.7 Charter school networks - authority - definitions
22-30.5-104.7. Charter school networks - authority - definitions. (1) As used in this section, unless the context otherwise requires, "charter school network" means a charter school pursuant to this part 1, an institute charter school pursuant to part 5 of this article, or a charter school authorized by the Colorado school for the deaf and the blind, any of which subsequently organizes an additional school or schools pursuant to the same statutory authority. A charter school network is responsible for governance, oversight, and monitoring of compliance and performance for each school, as required by the charter contract or contracts and by applicable state or federal laws.
(2) Notwithstanding any provision of this article to the contrary, a charter school network:
(a) May hold one or more charter contracts through one or more authorizers for purposes of operating more than one school;
(b) May be governed by a single governing body;
(c) May use one or more charter contracts if the charter school network operates more than one school through the same authorizer; except that, if more than one school holding a distinct school code assigned by the department operates under the same contract, the authorizer is:
(I) Obligated to separately accredit each school; and
(II) Legally empowered to not renew, revoke, or otherwise take action with respect to each school without being obligated to take action toward another school operated by the charter school network;
(d) Is authorized to make necessary and appropriate expenditures from any lawful source for central office purposes and to allocate funds among the schools that it operates, as permitted by law and consistent with the terms of the charter contract. A charter school network:
(I) Shall not spend additional local revenues authorized pursuant to sections 22-54-107.5, 22-54-108, and 22-54-108.5 or proceeds from bonded indebtedness incurred pursuant to article 42 of this title that are allocated for a school authorized by one authorizer to support a school authorized by a different authorizer;
(II) Shall account for all additional local revenues authorized pursuant to sections 22-54-107.5, 22-54-108, and 22-54-108.5 or proceeds from bonded indebtedness incurred pursuant to article 42 of this title and their expenditure and shall report the expenditures separately, as needed, to demonstrate that the funds have been expended appropriately;
(III) Commencing July 1, 2015, comply with section 22-44-304 (1)(d) in reporting expenditures at the local education provider and school-site level.
(3) Nothing in this section affects the process for granting or denying a request for a separate or new school code to any one school within a charter school network.
(4) Nothing in this section allows a charter school network to open a school without authorizer consent as part of the application process pursuant to section 22-30.5-107, 22-30.5-510, or 22-80-102 (4)(b).
(5) The authorizer of a school that is part of a charter school network shall collect, analyze, and report data from state assessments in accordance with statute, state board rules, and school district or state charter school institute performance frameworks for each school operated by the charter school network. The charter school network shall report the performance of each school as a separate school, and each school must be held independently accountable for its performance.
(6) Each charter school network shall comply with the audit requirements imposed on charter schools as follows:
(a) The charter school network shall be audited as an organization, treating the charter school network as a single legal entity; except that the authorizing school district for a charter school that is included in the network may request and the network shall provide an audit of the school district's charter school;
shall comply with the audit requirements imposed on charter schools as follows:
(a) The charter school network shall be audited as an organization, treating the charter school network as a single legal entity; except that the authorizing school district for a charter school that is included in the network may request and the network shall provide an audit of the school district's charter school;
(b) The charter school network shall report as supplementary information in its audited financial statements a balance sheet and statement of revenues, expenditures, and changes in fund balances using the modified accrual basis of accounting for each charter school campus that has a separate school code within the charter school network; and
(c) The audit must address compliance with paragraph (d) of subsection (2) of this section.
C.R.S. § 22-30.5-104.9 Charter schools - status as public entities - requirements - charter school boards of directors and school leaders - duties - conflicts - applicable law - definitions
22-30.5-104.9. Charter schools - status as public entities - requirements - charter school boards of directors and school leaders - duties - conflicts - applicable law - definitions. (1) As used in this section:
(a) "Charter school" means a charter school created and operating pursuant to this part 1, an institute charter school created and operating pursuant to part 5 of this article 30.5, a charter school network created and operating pursuant to section 22-30.5-104.7, a charter school collaborative created and operating pursuant to part 6 of this article 30.5, or a charter school created and operated by the Colorado school for the deaf and blind pursuant to section 22-80-102 (4)(b).
(b) "Public entity" means a public body, local public body, public corporation, body politic and corporate, political subdivision, public unit, or any other defined term in law in which school districts, including charter schools, are expressly included in or exempt from the public sector in the definition or application of the defined term.
(2) For the purpose of any law, excluding title 1, title 7, and this title 22, that applies to or exempts a public entity or that applies to or exempts a public official:
(a) A charter school has the same public status as a public school that is geographically located in the same school district;
(b) Board directors and school leaders, by virtue of their roles within a public charter school, are deemed public servants; and
(c) A school leader of a charter school has the same or similar authority as a school district superintendent.
(3) A charter school that is operating on May 15, 2023, shall provide the information required for an inventory of local government pursuant to section 24-32-116 to the department of local affairs within ninety days after May 15, 2023. A charter school that begins operating after May 15, 2023, shall provide such information to the department of local affairs within ninety days after becoming a charter school as determined pursuant to subsection (7) of this section.
(4) A person who is a director on a charter school board of directors on May 15, 2023, shall take, sign, and file an oath of office pursuant to section 24-12-101 within eighty days after May 15, 2023. A person who becomes a director on a charter school board of directors after May 15, 2023, shall take, sign, and file an oath of office pursuant to section 24-12-101 no later than eighty days after becoming a director on the charter school board of directors.
(5) Notwithstanding any other provision of law and unless otherwise stated in title 7, if there is a conflict between a law that is specifically applicable to charter schools and any provision in articles 30 or 121 through 137 of title 7, and any statute incorporated by reference therein, the law that is specifically applicable to charter schools controls.
(6) Notwithstanding the provisions of subsection (2) of this section, each charter school is subject to the provisions of section 1-45-117 as a political subdivision of the state.
(7) For purposes of any law that is made applicable to charter schools pursuant to this section, a charter school applicant is deemed to have become a charter school on July 1 following the execution of a contract by the applicant.
C.R.S. § 22-30.5-105 Charter schools - contract contents - regulations
22-30.5-105. Charter schools - contract contents - regulations. (1) (a) An approved charter application shall serve as the basis for a contract between a charter school and the chartering local board of education.
(b) A local board of education may approve a charter school application submitted by a nonprofit entity and enter into a charter contract directly with the nonprofit entity to operate a charter school. A local board of education shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the local board of education shall not enter into a charter contract directly with a for-profit entity to operate a charter school.
(2) (a) The contract between a charter school and the chartering local board of education shall reflect all agreements regarding the release of the charter school from school district policies. Each charter school's contract shall include a statement specifying the manner in which the charter school shall comply with the intent of the state statutes, state board rules, and district rules that are waived for the charter school by application.
(b) Repealed.
(c) A contract between a charter school and the chartering local board of education approved on or after July 1, 2002, shall specify:
(I) If the contract is not a renewal of an expiring contract, the manner in which the school district governed by the local board of education will support any start-up facility needs of the charter school;
(II) The manner in which the school district governed by the local board of education will support any long-term facility needs of the charter school;
(III) The actions that the charter school must take in order to:
(A) Have its capital construction needs included as part of the next ballot question for approval of bonded indebtedness to be submitted by the local board of education of its chartering school district to the voters of the district; or
(B) Have the local board of education submit a ballot question for approval of a special mill levy to finance the capital construction needs of the charter school to the voters of the district pursuant to section 22-30.5-405;
(IV) The financial information, including but not limited to an annual governmental audit, the charter school must report to the chartering school district, the deadline for reporting such information to the chartering school district in order to enable the chartering school district to comply with the requirements specified in this title and in rules promulgated by the state board pertaining to reporting financial information to the department of education, and the circumstances under which the chartering school district may withhold a portion of the charter school's monthly payment as provided in section 22-30.5-112 (8) for failure to comply with financial reporting requirements specified in the contract; and
(V) Whether, and the circumstances under which, the local board of education delegates to the charter school the authority to impose a transportation fee on students who are enrolled in the charter school and, if so, the procedures for imposition of the fee.
ly payment as provided in section 22-30.5-112 (8) for failure to comply with financial reporting requirements specified in the contract; and
(V) Whether, and the circumstances under which, the local board of education delegates to the charter school the authority to impose a transportation fee on students who are enrolled in the charter school and, if so, the procedures for imposition of the fee.
(3) A contract between a charter school and the chartering local board of education shall reflect all requests for release of the charter school from state statutes and state board rules that are not automatic waivers and a list of the automatic waivers that the charter school is invoking. Within ten days after the contract is approved by the chartering local board of education, the chartering local board of education shall deliver to the state board any request for waiver of state statutes and state board rules that are not automatic waivers. The chartering local board of education shall request the release by submitting a complete copy of the signed charter contract. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the chartering local board of education and the charter school of its decision. If the state board denies the request, it shall notify the chartering local board of education and the charter school in writing that the request is denied and specify the reasons for denial. If the chartering local board of education and the charter school do not receive notice of the state board's decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or state board rules, the denial shall specify the state statutes and state board rules for which the release is denied, and the denial shall apply only to those state statutes and state board rules so specified.
(4) A material revision of the terms of a charter contract may be made only with the approval of the chartering local board of education and the governing body of the charter school.
(5) A term included in a charter contract that would require a charter school to waive or otherwise forgo receipt of any amount of additional mill levy revenue due to the charter school as provided in section 22-32-108.5 or any amount of operational or capital construction money provided to the charter school pursuant to the provisions of this article 30.5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit a charter school from contracting with its chartering local board of education for the purchase of services, including but not limited to the purchase of educational services.
to the provisions of this article 30.5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit a charter school from contracting with its chartering local board of education for the purchase of services, including but not limited to the purchase of educational services.
(6) A charter school that provides a half-day kindergarten educational program before the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the chartering local board of education of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The charter school and the authorizing local board of education shall amend the charter contract as necessary to allow for the program expansion. If the local board objects to the program expansion, the local board shall provide to the charter school a written explanation of the grounds for its objection. If the charter school and the authorizing local board of education cannot agree on an amendment to the charter contract for the program expansion, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of the local board concerning a unilateral imposition of conditions on the charter school. The state board shall decide the appeal in accordance with the provisions of section 22-30.5-108. Negotiations to amend the charter contract to allow the expansion of the kindergarten educational program shall not include negotiations regarding terms of the charter contract that are not directly impacted by the program expansion and shall not include reauthorization of the charter school.
C.R.S. § 22-30.5-105.3 Charter schools - alternative administrative units - process
22-30.5-105.3. Charter schools - alternative administrative units - process. (1) A charter school that is part of a charter school network or a member of a charter school collaborative, which network or collaborative is authorized as an administrative unit pursuant to section 22-20-106, shall notify its authorizing school district of its intent to participate in the administrative unit of the network or collaborative with which the charter school is affiliated. After the department approves the application of a charter school network or collaborative to form an alternative administrative unit pursuant to section 22-20-106, the charter school that is part of the charter school network or collaborative authorized as an administrative unit and its authorizing school district shall amend the charter contract, pursuant to this subsection (1), as necessary to allow the charter school to participate in the alternative administrative unit.
(2) (a) A charter school may enter into an agreement to participate in an existing alternative administrative unit if the charter school:
(I) Demonstrates the capacity and commitment to serve children with disabilities, as defined in section 22-20-103, through an analysis of the charter school's existing record of serving children with disabilities or by expressly submitting a plan to the alternative administrative unit articulating an existing or intended commitment;
(II) Creates a strategic plan for the enrollment of children with disabilities in the charter school to increase educational options for families with children with disabilities;
(III) Has or develops and implements special education programming that results in the continued enrollment of children with disabilities;
(IV) Has or develops and implements multi-tiered systems of support to identify and refer children with disabilities to special education services; and
(V) Demonstrates how the agreement with the alternative administrative unit will allow the charter school to better and more efficiently serve children with disabilities.
(b) A charter school may submit a request to an existing alternative administrative unit to enter into an agreement to participate in the existing alternative administrative unit. An existing alternative administrative unit may enter into an agreement only if the existing alternative administrative unit determines that the charter school meets the criteria set forth in subsection (2)(a) of this section.
(c) A charter school that enters into an agreement to participate in an alternative administrative unit pursuant to subsection (2)(b) of this section shall notify its authorizing school district of the intent to participate in an alternative administrative unit. After the department approves an application for the reorganization of the alternative administrative unit to include the charter school, the charter school and its authorizing school district shall amend the charter contract, pursuant to this section, as necessary to allow the charter school to participate in the alternative administrative unit.
(3) (a) If the authorizing school district objects to amending a charter school's contract to allow participation in an alternative administrative unit pursuant to subsection (1) or (2) of this section, the authorizing school district shall provide to the charter school a written explanation of the grounds for its objection. If the department has approved an alternative administrative unit to include the charter school but the charter school and its authorizing school district cannot agree on an amendment to the charter contract for the charter school to participate in the alternative administrative unit, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of its authorizing school district as a unilateral imposition of conditions on the charter school. The state board shall decide the appeal pursuant to section 22-30.5-108.
amendment to the charter contract for the charter school to participate in the alternative administrative unit, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of its authorizing school district as a unilateral imposition of conditions on the charter school. The state board shall decide the appeal pursuant to section 22-30.5-108.
(b) Negotiations to amend the charter contract to allow the charter school to participate in the alternative administrative unit must not include negotiations regarding terms of the charter contract that are not directly impacted by the charter school's participation in the alternative administrative unit and must not unilaterally reopen the charter school's authorization. The amended contract may include provisions permitting consideration of the charter school's special education performance as part of the overall charter school performance.
(4) (a) A charter school that participates in an alternative administrative unit is not responsible for paying any portion of the special education costs of its authorizing school district.
(b) For a child with disabilities who is enrolled in a charter school that participates in an alternative administrative unit, the alternative administrative unit, for the duration of the child's enrollment in the charter school, is solely legally and fiscally responsible for specialized instruction and related services to provide a free appropriate public education for the child and for dispute resolution pursuant to the "Exceptional Children's Educational Act", article 20 of this title 22, and the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. Dispute resolution includes, but is not limited to, resolution of state complaints, due process hearings, and investigations by the federal department of education.
(5) A school district shall not require a charter school to participate in an alternative administrative unit as a condition of approval of its application or approval or renewal of its contract with the school district.
C.R.S. § 22-30.5-106 Charter application - contents
22-30.5-106. Charter application - contents. (1) The charter school application is a proposed agreement upon which the charter applicant and the chartering local board of education negotiate a charter contract. At a minimum, each charter school application includes:
(a) An executive summary that outlines the elements of the application and provides an overview of the proposed charter school;
(b) The vision and mission statements of the proposed charter school;
(c) The goals, objectives, and student performance standards the proposed charter school expects to achieve, including but not limited to the performance indicators specified in section 22-11-204 and applicable standards and goals specified in federal law;
(d) Evidence that an adequate number of parents and pupils support the formation of a charter school;
(e) Descriptions of the proposed charter school's educational program, student performance standards, and curriculum;
(f) A plan for evaluating student performance across the curriculum, which plan aligns with the proposed charter school's mission and educational objectives and provides a description of the proposed charter school's measurable annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204, and procedures for taking corrective action if student performance at the school falls below the described targets;
(g) Evidence that the plan for the proposed charter school is economically sound, including a proposed budget for a term of at least five years. The charter application shall also describe the method for obtaining an independent annual audit of the proposed charter school's financial statements consistent with generally accepted auditing standards and circular A-133 of the United States office of management and budget, as originally published in the federal register of June 30, 1997, and as subsequently amended.
(h) A description of the governance and operation of the proposed charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the proposed charter school, that is consistent with the standards adopted by rule of the state board pursuant to section 22-2-106 (1)(h);
(i) An explanation of the relationship that will exist between the proposed charter school and its employees and the proposed charter school's employment policies or a plan for the timely development of employment policies;
(j) A proposal regarding the parties' respective legal liabilities and applicable insurance coverage, which insurance coverage shall include, at a minimum, workers' compensation, liability insurance, and insurance for the proposed charter school's facility and its contents;
(k) The proposed charter school's expectations and plans for ongoing parent and community involvement;
(l) A description of the proposed charter school's enrollment policy, consistent with the requirements of section 22-30.5-104 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;
osed charter school's facility and its contents;
(k) The proposed charter school's expectations and plans for ongoing parent and community involvement;
(l) A description of the proposed charter school's enrollment policy, consistent with the requirements of section 22-30.5-104 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;
(m) A statement of whether the proposed charter school plans to address the transportation or food service needs of its students while they are attending the school. The proposed charter school may choose not to provide transportation or food services, may choose to develop or form a charter school collaborative as described in section 22-30.5-603 to provide transportation or food services, or may choose to negotiate with a school district, board of cooperative services, or private provider to provide transportation or food services for its students. If the proposed charter school chooses to provide transportation or food services, the application shall include a plan for each provided service, which plan, at a minimum, shall specifically address serving the needs of low-income students, complying with insurance and liability issues, and complying with any applicable state or federal rules or regulations.
(n) A facilities plan that details viable facilities options that are consistent with section 22-32-124 and the reasonable costs of the facility, which are reflected in the proposed budget;
(o) A list of the waivers of statute, state rule, and school district policies that the proposed charter school is requesting. For each requested waiver of a statute or state rule that is not an automatic waiver, the charter school application must state the rationale for the requested waiver and the manner in which the proposed charter school plans to meet the intent of the waived statute, rule, or policy.
(p) Policies regarding student discipline, expulsion, and suspension that are consistent with the intent and purpose of sections 22-33-106 and 22-33-106.1, provide adequately for the safety of students and staff, and provide a level of due process for students that, at a minimum, complies with the requirements of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.;
(q) A plan for serving students with special needs, including budget and staff requirements, which plan shall include identifying and meeting the learning needs of at-risk students, students with disabilities, gifted and talented students, and English language learners;
(r) A dispute resolution process, as provided in section 22-30.5-107.5; and
(s) If the proposed charter school intends to contract with an education management provider:
(I) A summary of the performance data for all of the schools the education management provider is managing at the time of the application or has managed previously, including documentation of academic achievement and school management success;
(II) An explanation of and evidence demonstrating the education management provider's capacity for successful expansion while maintaining quality in the schools it is managing;
(III) An explanation of any existing or potential conflicts of interest between the governing board of the proposed charter school and the education management provider; and
(IV) A copy of the actual or proposed performance contract between the governing board for the proposed charter school and the education management provider that specifies, at a minimum, the following material terms:
(A) Performance evaluation measures;
(B) The methods of contract oversight and enforcement that the governing board will apply;
(C) The compensation structure and all fees that the proposed charter school will pay to the education management provider; and
(D) The conditions for contract renewal and termination.
ion management provider that specifies, at a minimum, the following material terms:
(A) Performance evaluation measures;
(B) The methods of contract oversight and enforcement that the governing board will apply;
(C) The compensation structure and all fees that the proposed charter school will pay to the education management provider; and
(D) The conditions for contract renewal and termination.
(2) No person, group, or organization may submit an application to convert a private school or a nonpublic home-based educational program into a charter school or to create a charter school which is a nonpublic home-based educational program as defined in section 22-33-104.5.
(3) A charter applicant is not required to provide personal identifying information concerning any parent, teacher, or prospective pupil prior to the time that the charter contract is approved by both parties and either the charter school actually employs the teacher or the pupil actually enrolls in the charter school, whichever is applicable. A charter school applicant shall provide, upon request of the chartering school district, aggregate information concerning the grade levels and schools in which prospective pupils are enrolled.
C.R.S. § 22-30.5-107 Charter application - process
22-30.5-107. Charter application - process. (1) (a) A charter applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the proposed charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto.
(b) The local board of education shall receive and review all applications for charter schools. If the local board of education does not review a charter application, that charter application is denied. For applications beginning in 2025, a charter applicant must file its application with the local board of education during the period beginning February 1 and ending April 1, eighteen months before the charter school is set to open. An application is considered filed when the school district administration receives the charter application from the charter applicant either in hard copy or electronically. Prior to any change in the application deadline, the local board of education shall notify the department and each charter school applicant in the district of the proposed change by certified letter. The local board of education shall not charge any application fees.
(c) Within fifteen days after receiving a charter school application, the school district shall determine whether the application contains the minimum components specified in section 22-30.5-106 (1) and is therefore complete. If the application is not complete, the school district shall notify the charter applicant within the fifteen-day period and provide a list of the information required to complete the charter application. The charter applicant has fifteen days after the date it receives the notice to provide the required information to the local board of education for review. The local board of education is not required to take action on the charter application if the charter applicant does not provide the required information within the fifteen-day period. The school district may request additional information during the review period and provide reasonable time for the charter applicant to respond. The school district may, but is not required to, accept any additional information the charter applicant provides that the school district does not request. The district accountability committee shall review the complete charter school application at least fifteen days, if possible, before the local board of education takes action on the application.
(d) Any date in this subsection (1) that falls on a weekend, a legal holiday, or a day school is not in session is extended to the next school day.
(1.5) For purposes of reviewing a charter school application, a district accountability committee shall include at least:
(a) One person with a demonstrated knowledge of charter schools, regardless of whether that person resides within the school district; and
te in this subsection (1) that falls on a weekend, a legal holiday, or a day school is not in session is extended to the next school day.
(1.5) For purposes of reviewing a charter school application, a district accountability committee shall include at least:
(a) One person with a demonstrated knowledge of charter schools, regardless of whether that person resides within the school district; and
(b) One parent or legal guardian of a child enrolled in a charter school in the school district; except that, if there are no charter schools in the school district, the local board of education shall appoint a parent or legal guardian of a child enrolled in the school district.
(2) After giving reasonable public notice, the local board of education shall hold community meetings in the affected areas or the entire school district to obtain information to assist the local board of education in its decision to approve a charter school application. The local board of education shall rule by resolution on the application for a charter school in a public hearing, upon reasonable public notice, no later than June 30. A charter school shall use the school and fiscal year, July 1 to June 30, following the submission of its charter application as a planning year, during which the charter school shall prepare for serving students the next school year. All negotiations between the charter school and the local board of education on the contract shall be concluded by, and all terms of the contract agreed upon, no later than ninety days after the local board of education rules by resolution on the application for a charter school or September 30, whichever date is later.
(2.5) The charter applicant and the local board of education may jointly waive or extend the timelines set forth in this section. As specified in section 22-2-117, the local board of education may apply to the state board of education for a modification or waiver of the timelines set forth in this section. If the state board of education approves the waiver, the local board of education must publish notice of the waiver on the local board of education's website within thirty days after the approval. The new timeline only applies to the applications submitted following the date of the public posting of the waiver.
(3) If a local board of education denies a charter school application, does not review a charter school application, or unilaterally imposes conditions that are unacceptable to the charter applicant, the charter applicant may appeal the decision to the state board pursuant to section 22-30.5-108.
(3.5) Nothing in this part 1 shall prohibit a school district from adopting one or more policies that encourage charter applicants to address specified school district needs.
(4) If a local board of education denies or does not review a charter school application, it shall state its reasons for the denial or refusal to review. Within fifteen days after denying or refusing to review a charter school application, the local board of education shall notify the department of the denial or refusal and the reasons therefor. If a local board of education approves a charter application, it shall send a copy of the approved charter application to the department within fifteen days after approving the charter application.
review. Within fifteen days after denying or refusing to review a charter school application, the local board of education shall notify the department of the denial or refusal and the reasons therefor. If a local board of education approves a charter application, it shall send a copy of the approved charter application to the department within fifteen days after approving the charter application.
(5) A school district may unilaterally impose conditions on a charter applicant or on a charter school only through adoption of a resolution of the local board of education of the school district. If a local board adopts a resolution unilaterally imposing conditions on a charter applicant or on a charter school, the resolution shall, at a minimum, state the school district's reasons for imposing the conditions unilaterally, despite the objections of the charter applicant or the charter school. The charter applicant or charter school may appeal the decision of the local board of education to unilaterally impose the conditions by filing the notice of appeal with the state board within thirty days after adoption of the resolution, as provided in section 22-30.5-108 (2)(a).
C.R.S. § 22-30.5-107.3 Optional charter school application timeline for rural school districts
22-30.5-107.3. Optional charter school application timeline for rural school districts. (1) A school district designated as rural or small rural by the department may either accept charter applications pursuant to section 22-30.5-107 or, upon notice to the department and the public through posting on the school district's website, the school district may accept charter applications pursuant to section 22-30.5-107 with the following modifications:
(a) The time for submission of a charter application is from June 1 through August 1, or the first weekday after August 1, as long as the school district has a method to receive physical or electronic applications during that time;
(b) If applicable, the school district shall notify applicants that an application is incomplete no later than August 15 or the first weekday after August 15;
(c) Review by the school district accountability committee, as described in section 22-30.5-107 (1.5), is permitted but not required;
(d) The local school board shall rule by resolution on the application no later than October 15 or the first weekday after October 15; and
(e) The state board shall hear appeals pursuant to section 22-30.5-108 (3)(a) within thirty days after the date a notice of appeal is filed.
C.R.S. § 22-30.5-107.5 Dispute resolution - governing policy provisions - appeal
22-30.5-107.5. Dispute resolution - governing policy provisions - appeal. (1) Except as otherwise provided in section 22-30.5-108, any disputes that may arise between a charter school and its chartering school district concerning governing policy provisions of the school's charter contract shall be resolved pursuant to this section.
(2) (a) A charter school or its chartering school district may initiate a resolution to any dispute concerning a governing policy provision of the school's charter contract by providing reasonable written notice to the other party of an intent to invoke this section. Such notice shall include, at a minimum, a brief description of the matter in dispute and the scope of the disagreement between the parties.
(b) Within thirty days after receipt of the written notice described in paragraph (a) of this subsection (2), the charter school and the school district shall agree to use any form of alternative dispute resolution to resolve the dispute, including but not limited to any of the forms described in the "Dispute Resolution Act", part 3 of article 22 of title 13, C.R.S.; except that any form chosen by the parties shall result in final written findings by a neutral third party within one hundred twenty days after receipt of such written notice.
(c) The neutral third party shall apportion all costs reasonably related to the mutually agreed upon dispute resolution process.
(3) (a) A charter school and its chartering school district may agree to be bound by the written findings of the neutral third party resulting from any alternative dispute resolution entered into pursuant to subsection (1) of this section. In such case, such findings shall be final and not subject to appeal.
(b) If the parties do not agree to be bound by such written findings of the neutral third party, the parties may appeal such findings to the state board. A party who wishes to appeal such findings shall provide the state board and the other party with a notice of appeal within thirty days after the release of such findings, and the notice of appeal shall contain a brief description of the grounds for appeal. The state board may consider said written findings or other relevant materials in reaching its decision and may, on its own motion, conduct, after sufficient notice, a de novo review of and hearing on the underlying matter.
(4) The state board shall:
(a) Issue its decision on the written findings of the neutral third party resulting from any alternative dispute resolution entered into pursuant to subsection (1) of this section within sixty days after receipt of the notice of appeal; or
(b) Make its own findings within sixty days after making its own motion for a de novo review and hearing described in paragraph (b) of subsection (3) of this section.
(5) If the state board, after motion by one of the parties and sufficient notice and hearing, finds that either of the parties to an alternative dispute resolution process held pursuant to this section has failed to participate in good faith in such process or has refused to comply with the decision reached after agreeing to be bound by the result of such process, the state board shall resolve the dispute in favor of the aggrieved party.
(6) Any decision by the state board pursuant to this section shall be final and not subject to appeal.
C.R.S. § 22-30.5-108 Appeal - standard of review - procedures
22-30.5-108. Appeal - standard of review - procedures. (1) Acting pursuant to its supervisory power as provided in section 1 of article IX of the state constitution, the state board, upon receipt of a notice of appeal or upon its own motion, may review decisions of any local board of education concerning the denial of a charter school application, the nonrenewal or revocation of a charter school's charter, or the unilateral imposition of conditions on a charter applicant or a charter school, in accordance with the provisions of this section. Any disputes arising with regard to governing policy provisions of a charter school's charter contract shall be resolved as provided in section 22-30.5-107.5. A local board of education's refusal to review a charter application constitutes a denial of the charter application and is appealable as a denial pursuant to the provisions of this section.
(2) A charter applicant or any other person who wishes to appeal a decision of a local board of education concerning the denial of a charter application or the nonrenewal or revocation of a charter or the unilateral imposition of conditions on a charter applicant or a charter school, shall provide the state board and the local board of education with a notice of appeal or of facilitation within thirty days after the local board's decision. The person bringing the appeal shall limit the grounds of the appeal to the grounds for the denial of a charter application or the nonrenewal or revocation of a charter, or the unilateral imposition of conditions on a charter applicant or charter school, whichever is being appealed, specified by the local board of education. The notice shall include a brief statement of the reasons the appealing person contends the local board of education's denial of a charter application or nonrenewal or revocation of a charter, or imposition of conditions on a charter applicant or charter school was in error.
(2.5) If a district court dismisses a case for lack of jurisdiction and the case involves a charter application, or the nonrenewal or revocation of a charter, or the unilateral imposition of conditions on a charter applicant or charter school, the thirty-day period for filing a notice of appeal or of facilitation described in subsection (2) of this section shall be tolled until the date of dismissal by the court.
(3) If the notice of appeal, or the motion to review by the state board, relates to a local board's decision to deny a charter application or to refuse to renew or to revoke a charter or to a local board's unilateral imposition of conditions that are unacceptable to the charter applicant or the charter school, the appeal and review process shall be as follows:
(a) Within sixty days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board shall review the decision of the local board of education and make its findings. If the state board finds that the local board's decision was contrary to the best interests of the pupils, school district, or community, the state board shall remand such decision to the local board of education with written instructions for reconsideration thereof. Said instructions shall include specific recommendations concerning the matters requiring reconsideration.
(b) Within thirty days following the remand of a decision to the local board of education and after reasonable public notice, the local board of education, at a public hearing, shall reconsider its decision and make a final decision. If the local board of education decides to approve the charter application or decides not to unilaterally impose the condition, the local board of education and the charter applicant shall complete the charter contract within ninety days following the remand of the state board's decision to the local board of education.
at a public hearing, shall reconsider its decision and make a final decision. If the local board of education decides to approve the charter application or decides not to unilaterally impose the condition, the local board of education and the charter applicant shall complete the charter contract within ninety days following the remand of the state board's decision to the local board of education.
(c) Following the remand, if the local board of education's final decision is still to deny a charter application or to unilaterally impose the condition on a charter applicant or if the local board of education's final decision is still to refuse to renew or to revoke a charter or to unilaterally impose conditions unacceptable to the charter school, a second notice of appeal may be filed with the state board within thirty days following such final decision.
(d) Within thirty days following receipt of the second notice of appeal or the making of a motion for a second review by the state board and after reasonable public notice, the state board, at a public hearing, shall determine whether the final decision of the local board of education was contrary to the best interests of the pupils, school district, or community. If such a finding is made, the state board shall remand such final decision to the local board with instructions to approve the charter application, or to renew or reinstate the charter or to approve or disapprove the conditions imposed on the charter applicant or the charter school. The decision of the state board shall be final and not subject to appeal.
(3.5) In lieu of a first appeal to the state board pursuant to paragraph (a) of subsection (3) of this section, the parties may agree to facilitation. Within thirty days after denial of a charter application or nonrenewal or revocation of a charter or unilateral imposition of conditions on a charter applicant or a charter school by the local board of education, the parties may file a notice of facilitation with the state board. The parties may continue in facilitation as long as both parties agree to its continued use. If one party subsequently rejects facilitation, and such rejection is not reconsidered within seven days, the local board of education shall reconsider its denial of a charter application or nonrenewal or revocation of a charter and make a final decision as provided in paragraph (b) of subsection (3) of this section. The charter applicant may file a notice of appeal with the state board as provided in paragraph (c) of subsection (3) of this section within thirty days after a local board of education's final decision to deny a charter application, to refuse to renew or to revoke a charter, or to unilaterally impose conditions on a charter applicant or a charter school.
(4) (Deleted by amendment, L. 2004, p. 1578, § 7, effective June 3, 2004.)
(5) Nothing in this section shall be construed to alter the requirement that a charter school be a part of the school district that approves its charter application and charter contract and be accountable to the local board of education pursuant to section 22-30.5-104 (2).
C.R.S. § 22-30.5-109 Charter schools - reporting - publicizing - limits on enrollment - moratorium prohibited
22-30.5-109. Charter schools - reporting - publicizing - limits on enrollment - moratorium prohibited. (1) Each local board of education that approves a charter application and enters into a charter contract with a charter school shall annually report to the department information that the department requests to evaluate the effectiveness of charter schools. The local boards of education shall provide the information on forms provided by the department. The state board shall adopt rules establishing the time lines and procedures for reporting the information required in this subsection (1).
(2) (Deleted by amendment, L. 2004, p. 1580, § 8, effective June 3, 2004.)
(3) It is the intent of the general assembly that greater consideration be given to charter school applications designed to increase the educational opportunities of at-risk pupils, as defined in section 22-30.5-103.
(4) If otherwise qualified, nothing in this part 1 shall be construed to prohibit any institution certified on or before April 1, 1993, as an educational clinic pursuant to former article 27 of this title as it existed prior to August 7, 2006, from applying to become a charter school pursuant to this part 1.
(5) Nothing in this part 1 shall be construed to prevent a school in a school district which is comprised of only one school from applying to become a charter school pursuant to this part 1.
(6) A school district shall not discriminate against a charter school in publicizing the educational options available to students residing within the district through advertising, direct mail, availability of mailing lists, or other informational activities, provided that the charter school pays for its share of such publicity at cost.
(7) A chartering authority may not restrict the number of pupils a charter school may enroll; except that a charter school and its chartering authority may negotiate and agree to limitations on the number of students the charter school may enroll as necessary to:
(a) Facilitate the academic success of students enrolled in the charter school;
(b) Facilitate the charter school's ability to achieve the other objectives specified in the charter contract; or
(c) Ensure that the charter school's student enrollment does not exceed the capacity of the charter school facility or site.
(8) The local board of education of a school district shall not impose a moratorium on the approval of charter applications for charter schools within the school district.
C.R.S. § 22-30.5-110 Charter schools - term - renewal of charter - grounds for nonrenewal or revocation
22-30.5-110. Charter schools - term - renewal of charter - grounds for nonrenewal or revocation. (1) (a) When a local board of education approves a new charter application, the charter is authorized for a period of at least four years. The local board of education and the charter school may renew the charter for successive periods as provided in this section.
(b) During the term of a charter, the school district shall annually review the charter school's performance. At a minimum, the review includes the charter school's progress in meeting the objectives identified in the plan the charter school is required to implement pursuant to section 22-11-210 and the results of the charter school's most recent annual financial audit. The school district shall provide to the charter school written feedback from the review and shall include the results of the charter school's annual review in the body of evidence that the local board of education takes into account in deciding whether to renew or revoke the charter and that supports the renegotiation of the charter contract.
(1.3) Each school district shall adopt and revise as necessary procedures and timelines for the charter-renewal process, which procedures and timelines are in conformance with the requirements of this part 1. Each school district shall ensure that each of the charter schools authorized by the district receives a copy of the district's charter renewal procedures and timelines and any revisions to the procedures and timelines.
(1.5) No later than December 1 of the year prior to the year in which the charter expires, the governing body of a charter school shall submit a renewal application to the chartering local board of education. The chartering local board of education shall rule by resolution on the renewal application no later than February 1 of the year in which the charter expires, or by a mutually agreed upon date.
(2) A charter school renewal application submitted to the chartering local board of education shall contain:
(a) A report on the progress of the charter school in achieving the goals, objectives, pupil performance standards, content standards, targets for the measures used to determine the levels of attainment of the performance indicators, and other terms of the charter contract and the results achieved by the charter school's students on the assessments administered through the Colorado student assessment program;
(b) A financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow comparison of such costs to other schools or other comparable organizations, in a format required by the state board of education; and
(c) Repealed.
(d) Any information or material resulting from the charter school's annual reviews as described in subsection (1) of this section.
(3) A charter may be revoked or not renewed by the chartering local board of education if it determines that the charter school did any of the following:
(a) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter contract;
(b) Failed to meet or make adequate progress toward achievement of the goals, objectives, content standards, pupil performance standards, targets for the measures used to determine the levels of attainment of the performance indicators, applicable federal requirements, or other terms identified in the charter contract;
(c) Failed to meet generally accepted standards of fiscal management; or
act;
(b) Failed to meet or make adequate progress toward achievement of the goals, objectives, content standards, pupil performance standards, targets for the measures used to determine the levels of attainment of the performance indicators, applicable federal requirements, or other terms identified in the charter contract;
(c) Failed to meet generally accepted standards of fiscal management; or
(d) Violated any provision of law from which the charter school was not specifically exempted.
(3.5) If a charter school is required to implement a turnaround plan pursuant to section 22-11-210 (2) for a second consecutive school year, the charter school shall present to its authorizing local board of education, in addition to the turnaround plan, a summary of the changes made by the charter school to improve its performance, the progress made in implementing the changes, and evidence, as requested by the local board of education, that the charter school is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the local board of education finds that the charter school's evidence of improvement is not sufficient or if the charter school is required to implement a turnaround plan for a third consecutive school year, the local board of education may revoke the school's charter.
(4) (Deleted by amendment, L. 2004, p. 1582, § 9, effective June 3, 2004.)
(4.5) (a) At least fifteen days prior to the date on which a local board of education will consider whether to revoke or renew a charter, the school district shall provide to the local board of education and the charter school a written recommendation, including the reasons supporting the recommendation, concerning whether to revoke or renew the charter.
(b) If a local board of education revokes or does not renew a charter, the board shall state its reasons for the revocation or nonrenewal.
(5) If a local board of education revokes or does not renew a charter, the charter school may appeal the decision pursuant to section 22-30.5-108.
(6) Each school district shall adopt procedures for closing a charter school following revocation or nonrenewal of the charter school's charter. At a minimum, the procedures shall ensure that:
(a) When practicable and in the best interest of the students of the charter school, the charter school continues to operate through the end of the school year. If the school district determines it is necessary to close the charter school prior to the end of the school year, the school district shall work with the charter school to determine an earlier closure date.
(b) The school district works with the parents of the students who are enrolled in the charter school when the charter is revoked or not renewed to ensure that the students are enrolled in schools that meet their educational needs; and
(c) The charter school meets its financial, legal, and reporting obligations during the period that the charter school is concluding operations.
(7) Notwithstanding any provision of this section to the contrary, on and after September 1, 2012, a local board of education shall not renew a charter that is held by a for-profit entity either solely or in cooperation with other entities.
C.R.S. § 22-30.5-110.3 Nonrenewal or revocation - qualified charter school - exceptions
22-30.5-110.3. Nonrenewal or revocation - qualified charter school - exceptions. (1) Notwithstanding the provisions of sections 22-30.5-108 and 22-30.5-110, the provisions of this section shall apply if:
(a) A chartering local board of education determines that the charter of a qualified charter school, as defined in section 22-30.5-408 (1)(c), will be revoked or will not be renewed; and
(b) The qualified charter school has financed capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., pursuant to section 22-30.5-407.
(2) (a) If a chartering local board of education makes a determination to revoke or not renew the charter of a qualified charter school and subsection (1) of this section applies, the chartering local board of education shall notify the state treasurer and the commissioner of education immediately upon such determination. Upon receipt of such notice, the commissioner shall suspend the revocation or nonrenewal of the charter until such time as the state treasurer, the commissioner, and the Colorado educational and cultural facilities authority determine, with the chartering local board of education and the qualified charter school, whether an alternative exists to such revocation or nonrenewal of the charter.
(b) A chartering local board of education shall not be required to suspend a revocation or nonrenewal of a charter pursuant to paragraph (a) of this subsection (2) for more than one hundred twenty days after the date that the commissioner of education and the state treasurer received notice of the determination to revoke or not renew the charter pursuant to paragraph (a) of this subsection (2) or sixty days after the action of the state board pursuant to section 22-30.5-108 (3)(a), whichever is later.
(3) The state treasurer, commissioner of education, chartering local board of education, charter school, and Colorado educational and cultural facilities authority may pursue the following:
(a) The conversion of the qualified charter school from a school of the chartering district to an institute charter school;
(b) The reorganization of the qualified charter school and application to the initial chartering local board of education or the state charter school institute for approval as a charter school with the condition that the newly approved charter school will assume the bond obligations of the former qualified charter school pursuant to section 22-30.5-407; or
(c) Any other alternative deemed feasible by the state treasurer, the commissioner of education, the Colorado educational and cultural facilities authority, the chartering local board of education, and the qualified charter school.
(4) Nothing in this section shall be construed to prevent the chartering local board of education from revoking or not renewing the charter of a qualified charter school pursuant to section 22-30.5-110.
C.R.S. § 22-30.5-110.5 Background investigation - charter school employees - information provided to department - definitions
22-30.5-110.5. Background investigation - charter school employees - information provided to department - definitions. (1) A charter school shall conduct a background investigation of an applicant to whom an offer of employment is extended to determine whether the applicant is suitable to work in an environment with children.
(2) The background investigation of an applicant, at a minimum, must include:
(a) An inquiry by the charter school to the department to determine whether the applicant:
(I) Has had his or her educator license or certification denied, suspended, revoked, or annulled in this state or another state for any reason, including but not limited to a conviction, a plea of not guilty, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children;
(II) Has been dismissed by, or has resigned from, a school district or charter school as a result of any allegation, including but not limited to unlawful sexual behavior or an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that was supported by a preponderance of the evidence according to information provided to the department pursuant to section 22-32-109.7 (3) or subsection (7) of this section and confirmed by the department pursuant to section 22-2-119 (1)(b);
(b) (I) A fingerprint-based criminal history record check and, if necessary, a name-based judicial record check, as described in section 22-30.5-110.7.
(II) The record check shall be designed to determine, at a minimum, whether the applicant has been convicted of, pled nolo contendere or guilty to, or received a deferred sentence or deferred prosecution for:
(A) A felony; or
(B) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children.
(c) Inquiries to the applicant's previous employers to obtain information or recommendations that may be relevant to the applicant's fitness for employment.
(3) Upon request, the department shall provide the charter school with any information the department may have concerning a person who applies for employment with a charter school or a charter school employee.
(4) The charter school shall pay to the department the background investigation fee established pursuant to section 22-2-119 (5) for each applicant who does not hold an educator license issued pursuant to article 60.5 of this title and for whom the charter school requests a background investigation. The charter school may assess the amount of the fee to the applicant.
(5) (a) An applicant's previous employer that provides information to a charter school or makes a recommendation concerning the applicant, whether at the request of the charter school or the applicant, shall be immune from civil liability unless:
(I) The information is false and the previous employer knows the information is false or acts with reckless disregard concerning the veracity of the information; and
(II) The charter school acts upon the information to the detriment of:
(A) The applicant because the charter school refuses to employ the applicant based, in whole or in part, on negative information concerning the applicant later determined to be false; or
(B) The charter school because the charter school employs the applicant based, in whole or in part, on positive information concerning the applicant later determined to be false.
information to the detriment of:
(A) The applicant because the charter school refuses to employ the applicant based, in whole or in part, on negative information concerning the applicant later determined to be false; or
(B) The charter school because the charter school employs the applicant based, in whole or in part, on positive information concerning the applicant later determined to be false.
(b) A charter school that relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and the charter school knows the information is false or acts with reckless disregard concerning the veracity of the information.
(6) (a) Each charter school shall submit to the department the name, date of birth, and social security number of each person employed by the charter school. The department shall add the information submitted pursuant to this subsection (6) for charter school employees who do not hold an educator license to the database for nonlicensed school employees maintained by the department pursuant to section 22-32-109.8 (11). The department shall add the information submitted pursuant to this subsection (6) for licensed employees to the database maintained by the department for licensed educators.
(b) At the beginning of each semester, each charter school shall notify the department if a nonlicensed employee is no longer employed by the charter school. The department shall purge the employee's information from the database within twelve months after receiving the notice.
(7) (a) If an employee of a charter school is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, that is supported by a preponderance of the evidence, the governing board of the charter school shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The charter school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department.
(b) If a charter school learns from a source other than the department that a current or past employee of the charter school has been convicted of, pled guilty to, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the charter school shall notify the department.
(c) If an employee of a charter school is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the governing board of the charter school shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The charter school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department. A charter school shall not enter into a settlement agreement that would restrict the charter school from sharing any relevant information related to an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based
evant information related to an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (7)(c) does not authorize a charter school to enter into a settlement agreement that would prohibit the charter school from sharing any other information required by law to be available to the department, another school district, or a charter school.
(8) On or before August 30 each year, the department shall submit a list of all persons employed by each charter school in the state for the preceding school year to the Colorado bureau of investigation. The list shall include each employee's name and date of birth.
(9) Any information received by a charter school pursuant to this section or section 22-30.5-110.7 shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. A person who releases information obtained pursuant to the provisions of this section or section 22-30.5-110.7 or who makes an unauthorized request for information from the charter school shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that a person who releases information received from the charter school concerning information contained in the records and reports of child abuse or neglect maintained by the department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.
(10) For purposes of this section, unless the context otherwise requires:
(a) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration as those terms are defined in section 18-3-401.
(b) "Student" means any person enrolled at the school where the employee is employed at the time of the allegation, but does not include another student.
C.R.S. § 22-30.5-110.7 Fingerprint-based criminal history record checks - charter school employees - procedures - exceptions - definitions
22-30.5-110.7. Fingerprint-based criminal history record checks - charter school employees - procedures - exceptions - definitions. (1) A person applying for employment with a charter school to whom an offer of employment is extended shall submit to the charter school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the charter school and notarized, or any third party approved by the Colorado bureau of investigation. At the request of a charter school, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant pursuant to this section if an approved third-party vendor is not operating within twenty miles of the charter school within the law enforcement agency's jurisdiction. A school employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. 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 applicant information for more than thirty days unless requested to do so by the applicant.
(2) On a form provided by the charter school, an applicant to whom an offer of employment is extended shall certify, under penalty of perjury, either:
(a) 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
(b) That he or she has been convicted of committing a felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction. The certification shall specify the felony or misdemeanor for which the applicant was convicted, the date of the conviction, and the court entering the judgment of conviction.
(3) In addition to any other requirements established by law, the submittal of fingerprints pursuant to subsection (1) of this section and of the form pursuant to subsection (2) of this section shall be a prerequisite to the employment of any person in a charter school. A charter school shall not employ a person who has not complied with the provisions of subsections (1) and (2) of this section.
(4) (a) A charter school to which fingerprints are submitted pursuant to subsection (1) of this section shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation.
(b) When the results of a fingerprint-based criminal history record check of an employee performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the charter school shall require that employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(5) (a) A charter school may employ a person in the charter school prior to receiving the results of the person's fingerprint-based criminal history record check or name-based judicial record check; except that:
(I) The charter school may terminate the employment of the person if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (2) of this section; and
(II) The charter school shall terminate the person's employment if the results disclose a conviction for an offense described in section 22-32-109.8 (6.5).
ial record check; except that:
(I) The charter school may terminate the employment of the person if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (2) of this section; and
(II) The charter school shall terminate the person's employment if the results disclose a conviction for an offense described in section 22-32-109.8 (6.5).
(b) The charter school shall notify the proper district attorney of inconsistent results as described in subparagraph (I) of paragraph (a) of this subsection (5) for purposes of action or possible prosecution.
(6) (a) When a charter school finds good cause to believe that a person employed by the charter school has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction, subsequent to such employment, the charter school shall require the person to submit to the charter school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the charter school, or any third party approved by the Colorado bureau of investigation. At the request of the charter school, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of a person pursuant to this section if an approved third-party vendor is not operating within twenty miles of the charter school within the law enforcement agency's jurisdiction. A school employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. 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 applicant information for more than thirty days unless requested to do so by the applicant. The employee shall submit his or her fingerprints within twenty days after receipt of written notification from the charter school. The charter school shall forward the employee's fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation.
(b) When the results of a fingerprint-based criminal history record check of an employee performed pursuant to subsection (6)(a) of this section reveal a record of arrest without a disposition, the charter school shall require that employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(6.5) An employee or an applicant for employment with a charter school is disqualified from employment if the results of a fingerprint-based criminal history record check or name-based judicial record check completed on or after August 10, 2011, disclose a conviction for an offense described in section 22-32-109.8 (6.5). Nothing in this section or in section 22-32-109.8 creates for a person a property right in or entitlement to employment or continued employment with a charter school or impairs a charter school's right to terminate employment for a nondiscriminatory reason.
(7) For purposes of this section, a person is deemed to have been convicted of committing a felony or misdemeanor if the person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act that, if committed within this state, would be a felony or misdemeanor.
(8) For purposes of this section:
eason.
(7) For purposes of this section, a person is deemed to have been convicted of committing a felony or misdemeanor if the person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act that, if committed within this state, would be a felony or misdemeanor.
(8) For purposes of this section:
(a) "Convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a plea of guilty, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.
(b) "Position of employment" means any job or position in which a person may be engaged in the service of a charter school for salary or hourly wages, whether full time or part time and whether temporary or permanent.
(9) (a) The employing charter school shall be responsible for costs arising from a fingerprint-based criminal history record check performed by the Colorado bureau of investigation and the federal bureau of investigation pursuant to the provisions of this section. The charter school may collect the costs from the employee or the prospective employee.
(b) The employing charter school shall be responsible for costs arising from a name-based judicial record check performed pursuant to this section. The charter school may collect the costs from the employee or the prospective employee.
(10) Subsections (1) to (4) of this section do not apply to a person who has submitted to a fingerprint-based criminal history record check pursuant to section 22-2-119.3.
C.R.S. § 22-30.5-111 Charter schools - employee options
22-30.5-111. Charter schools - employee options. (1) During the first year that a teacher employed by a school district is employed by a charter school, such teacher shall be considered to be on a one-year leave of absence from the school district. Such leave of absence shall commence on the first day of services for the charter school. Upon the request of the teacher, the one-year leave of absence shall be renewed for up to two additional one-year periods upon the mutual agreement of the teacher and the school district. At the end of three years, the relationship between the teacher and the school district shall be determined by the school district and such district shall provide notice to the teacher of the relationship.
(2) The local board of education shall determine by policy or by negotiated agreement, if one exists, the employment status of school district employees employed by the charter school who seek to return to employment with public schools in the school district.
(3) Employees of a charter school shall be members of the public employees' retirement association. The charter school and the teacher shall contribute the appropriate respective amounts as required by the funds of the association.
C.R.S. § 22-30.5-112 Charter schools - financing - guidelines - definitions
22-30.5-112. Charter schools - financing - guidelines - definitions.
(1) (a) (I) Repealed.
(II) For purposes of the "Public School Finance Act of 2025", article 54 of this title 22, pupils enrolled in a charter school are included in the pupil enrollment or the online pupil enrollment, whichever is applicable, of the school district that granted its charter. The school district that granted its charter shall report to the department the number of pupils included in the school district's pupil enrollment and the school district's online pupil enrollment that are actually enrolled in each charter school.
(b) The school district shall also identify each charter school that is a qualified charter school as defined in section 22-54-124 (1)(f.6), identify each qualified charter school that will be operating in a school district facility and that does not have ongoing financial obligations incurred to repay the outstanding costs of new construction undertaken for the charter school's benefit, and provide an estimate of the number of pupils expected to be enrolled in each qualified charter school during the budget year following the budget year in which the district makes a report.
(2) (a) (I) As part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school.
(II) For the 1999-2000 budget year, the charter school and the school district shall begin discussions on the contract using eighty percent of the district per pupil revenues.
(III) (A) For budget year 2000-01 and budget years thereafter, except as otherwise provided in paragraph (a.3) of this subsection (2), each charter school and the chartering school district shall negotiate funding under the contract. The charter school shall receive one hundred percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil and one hundred percent of the district per pupil online funding for each online pupil enrolled in the charter school; except that the chartering school district may choose to retain the actual amount of the charter school's per pupil share of the central administrative overhead costs for services actually provided to the charter school, up to five percent of the district per pupil revenues for each pupil who is not an online pupil enrolled in the charter school and up to five percent of the district per pupil online funding for each online pupil enrolled in the charter school.
(B) For budget years 2001-02 through 2010-11, the minimum amount of funding specified in sub-subparagraph (A) of this subparagraph (III) shall reflect the one-percent increase in the statewide base per pupil funding for state fiscal years 2001-02 through 2010-11 received by the school district as required by section 17 of article IX of the state constitution.
(a.3) If the authorizing school district enrolls five hundred or fewer students, the charter school shall receive funding in the amount of the greater of one hundred percent of the district per pupil online funding for each online pupil enrolled in the charter school plus one hundred percent of the district per pupil revenues for each pupil who is not an online pupil enrolled in the charter school, minus the actual amount of the charter school's per pupil share of the central administrative overhead costs incurred by the school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the charter school.
mount of the charter school's per pupil share of the central administrative overhead costs incurred by the school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the charter school.
(a.4) (I) Within ninety days after the end of each fiscal year, each school district shall provide to each charter school within its district an itemized accounting of all its central administrative overhead costs. If the itemized accounting includes services provided to the charter school by school district personnel, the itemized accounting, at the charter school's request, must include a list of the personnel positions and services provided by persons in each position. The actual central administrative overhead costs are the amount charged to the charter school. Any difference, within the limitations of subparagraph (III) of paragraph (a) of this subsection (2) and paragraph (a.3) of this subsection (2), between the amount initially charged to the charter school and the actual cost must be reconciled and paid to the owed party.
(II) Within ninety days after the end of each fiscal year, each school district shall provide to each charter school within its district an itemized accounting of all the actual costs of district services the charter school chose at its discretion to purchase from the district calculated in accordance with paragraph (b) of this subsection (2). If the itemized accounting includes services purchased by the charter school that were provided by school district personnel, the itemized accounting, at the charter school's request, must include a list of the personnel positions and services provided by persons in each position. Any difference between the amount initially charged to the charter school and the actual cost shall be reconciled and paid to the owed party.
(III) If either party disputes an itemized accounting provided pursuant to subparagraphs (I) and (II) of this paragraph (a.4), any charges included in an accounting, or charges to either party, that party is entitled to request a third-party review at the requesting party's expense. The review shall be conducted by the department, and the department's determination shall be final.
(a.5) As used in this subsection (2):
(I) "Central administrative overhead costs" means indirect costs incurred in providing:
(A) Services listed under the heading of support services - general administration in the school district chart of accounts as specified by rule of the state board; and
(B) Salaries and benefits for administrative job classifications listed under the headings of support services - business and support services - central in the school district chart of accounts as specified by rule of the state board.
(II) "District per pupil revenues" means the district's total program as defined in section 22-54-103 (6) for any budget year divided by the district's funded pupil count as determined by article 54 of this title 22 for the applicable budget year.
(II.5) "District per pupil online funding" means a school district's online funding, as determined by article 54 of this title 22, divided by the district's online pupil enrollment for any budget year.
(III) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1913, § 38, effective June 10, 2010.)
unded pupil count as determined by article 54 of this title 22 for the applicable budget year.
(II.5) "District per pupil online funding" means a school district's online funding, as determined by article 54 of this title 22, divided by the district's online pupil enrollment for any budget year.
(III) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1913, § 38, effective June 10, 2010.)
(a.7) For the 2000-01 budget year through the 2008-09 budget year, each charter school shall annually allocate the minimum per pupil dollar amount specified in section 22-54-105 (2)(b), multiplied by the number of students enrolled in the charter school who are not students enrolled in an online program or an online school, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), to a fund created by the charter school for capital reserve purposes, as set forth in section 22-45-103 (1)(c) and (1)(e), or solely for the management of risk-related activities, as identified in section 24-10-115, C.R.S., and article 13 of title 29, C.R.S., or among such allowable funds. Said moneys shall be used for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) and may not be expended by the charter school for any other purpose. Any moneys remaining in the fund that have not been expended prior to the 2009-10 budget year shall be budgeted for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) in the 2009-10 budget year or any budget year thereafter.
(a.8) (I) For the 2000-01 budget year and budget years thereafter, the school district shall provide federally required educational services to students enrolled in charter schools on the same basis as such services are provided to students enrolled in other public schools of the school district. Each charter school shall pay an amount equal to the per pupil cost incurred by the school district in providing federally required educational services, multiplied by the number of students enrolled in the charter school. At either party's request, however, the charter school and the school district may negotiate and include in the charter contract alternate arrangements for the provision of and payment for federally required educational services.
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a.8) to the contrary, the school district shall calculate the per pupil cost of providing federally required educational services after subtracting the amount received in federal and state moneys for providing said services.
(III) As used in this subsection (2)(a.8), "federally required educational services" means services that a local educational agency is required to provide to certain students by federal law and that the school district makes available to students in the charter school if and when needed. "Federally required educational services" does not include services not made available to the charter school.
(a.9) For budget year 2002-03 and budget years thereafter, and in accordance with section 22-30.5-406, the funding provided by a chartering school district to a charter school pursuant to this subsection (2) shall be reduced by the amount of any direct payments of principal and interest due on bonds issued on behalf of a charter school by a governmental entity other than a school district for the purpose of financing charter school capital construction that were made by the state treasurer or the chartering school district on behalf of the charter school.
charter school pursuant to this subsection (2) shall be reduced by the amount of any direct payments of principal and interest due on bonds issued on behalf of a charter school by a governmental entity other than a school district for the purpose of financing charter school capital construction that were made by the state treasurer or the chartering school district on behalf of the charter school.
(b) The charter school, at its discretion, may contract with the school district for the direct purchase of district services in addition to those included in central administrative overhead costs, including but not limited to food services, custodial services, maintenance, curriculum, media services, and libraries. The amount to be paid by a charter school in purchasing any district service pursuant to this paragraph (b) shall be determined by dividing the cost of providing the service for the entire school district, as specified in the school district's budget, by the number of students enrolled in the school district and multiplying said amount by the number of students enrolled in the charter school.
(b.5) (I) The charter school and the school district shall negotiate prior to the beginning of each fiscal year for the payment to the school district of any direct costs incurred by the school district. If the charter school and the school district do not reach agreement regarding the payment of direct costs, the school district shall be barred from withholding from the charter school any moneys as reimbursement for direct costs. The school district shall provide an itemized accounting to each charter school for the direct costs incurred by the school district with the itemized accounting provided pursuant to paragraph (a.4) of this subsection (2).
(II) For purposes of this paragraph (b.5), "direct costs" means the direct costs incurred by a school district solely for the purpose of reviewing charter applications, negotiating the charter contract, and providing direct oversight to charter schools. "Direct costs" shall not include the school district's legal or other costs attributable to litigation or the resolution of a dispute with a charter school.
(c) (I) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1913, § 38, effective June 10, 2010.)
(II) For budget year 2000-01 and budget years thereafter, the amount of funding received by a charter school pursuant to this subsection (2) shall not be less than one hundred percent of the chartering school district's district per pupil revenues, minus up to five percent as provided in subparagraph (III) of paragraph (a) of this subsection (2), multiplied by the number of pupils enrolled in the charter school or as otherwise provided in paragraph (a.3) of this subsection (2) for any charter school chartered by a school district that enrolls five hundred or fewer students.
(III) For purposes of calculating a charter school's funding pursuant to this subsection (2):
(A) If the charter school operates a full-day kindergarten educational program, the pupils enrolled in the program are counted as full-day pupils; except that a student enrolled as less than a full-time pupil is counted in accordance with rules promulgated by the state board; and
(B) If the charter school operates a half-day kindergarten educational program, the pupils enrolled in the program are counted as half-day pupils and the number of pupils enrolled in the charter school must include the supplemental kindergarten enrollment as defined in section 22-54-103 (15).
(d) (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)
ated by the state board; and
(B) If the charter school operates a half-day kindergarten educational program, the pupils enrolled in the program are counted as half-day pupils and the number of pupils enrolled in the charter school must include the supplemental kindergarten enrollment as defined in section 22-54-103 (15).
(d) (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)
(e) (I) Fees collected from students enrolled at a charter school shall be retained by such charter school.
(II) (A) A charter school shall not charge the parent of a child enrolled in a kindergarten educational program tuition to attend any portion of the program and shall not charge the parent fees for the child to attend the program other than fees that are routinely charged to the parents of students enrolled in other grades and are applicable to the kindergarten educational program.
(B) Notwithstanding the provisions of subsection (2)(e)(II)(A) of this section, if the general assembly amends the "Public School Finance Act of 2025", article 54 of this title 22, to count a student enrolled in kindergarten only as a half-day pupil, with or without the addition of supplemental kindergarten enrollment as defined in section 22-54-103 (15) for purposes of calculating the funded pupil count as determined by article 54 of this title 22, a charter school may charge the student's parents tuition or a fee for the portion of the school day for which it does not receive funding for the student pursuant to the "Public School Finance Act of 2025"; except that the amount of tuition or fee charged must not exceed the amount of tuition or fee that the charter school charged to attend a full-day kindergarten educational program for the 2018-19 budget year, adjusted for inflation and prorated by the percentage of the school day for which the student is no longer funded by the "Public School Finance Act of 2025". As used in this subsection (2)(e)(II)(B), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
(3) (a) (I) For the 1999-2000 budget year, notwithstanding subsection (2) of this section, the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools enrolling such students by their school districts or administrative units. The proportionate share of moneys generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for such aid.
(II) For budget year 2000-01 and budget years thereafter, if the charter school and the school district have negotiated to allow the charter school to provide federally required educational services pursuant to paragraph (a.8) of subsection (2) of this section, the proportionate share of state and federal resources generated by students receiving such federally required educational services or staff serving them shall be directed by the school district or administrative unit to the charter school enrolling such students.
(III) For budget year 2000-01 and budget years thereafter, the proportionate share of moneys generated under federal or state categorical aid programs, other than federally required educational services, shall be directed to charter schools serving students eligible for such aid; except that a school district that receives small attendance center aid pursuant to section 22-54-122 for a small attendance center that is a charter school shall forward the entire amount of such aid to the charter school for which it was received.
gorical aid programs, other than federally required educational services, shall be directed to charter schools serving students eligible for such aid; except that a school district that receives small attendance center aid pursuant to section 22-54-122 for a small attendance center that is a charter school shall forward the entire amount of such aid to the charter school for which it was received.
(IV) The school district shall distribute to each charter school on a per-pupil basis any state or federal money that is not otherwise addressed in subsection (2) of this section or in this subsection (3) and that the school district receives based on a per pupil calculation if the calculation includes pupils enrolled in the charter school.
(a.5) Each charter school that serves students who may be eligible to receive services provided through federal aid programs shall comply with all federal reporting requirements to receive the federal aid.
(b) If a student with a disability attends a charter school, the school district of residence shall be responsible for paying any tuition charge for the excess costs incurred in educating the child in accordance with the provisions of section 22-20-109 (5).
(c) Within ninety days after the end of each budget year, each school district shall provide to each charter school of the school district an itemized accounting of all the actual special education costs that the school district incurred for the applicable budget year and the basis of any per pupil charges for special education that the school district imposed against the charter school for the applicable budget year. If the itemized accounting includes services provided to the charter school by school district personnel, the itemized accounting, at the charter school's request, must include a list of the personnel positions and services provided by persons in each position.
(4) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant shall be accepted by the governing body if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the local board of education.
(4.5) Except as provided in section 22-30.5-112.3 (2)(b), any moneys received by a charter school from any source and remaining in the charter school's accounts at the end of any budget year shall remain in the charter school's accounts for use by the charter school during subsequent budget years and shall not revert to the school district or to the state.
(5) Repealed. / (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)
(6) (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)
(7) A charter school shall comply with all of the state financial and budget rules, regulations, and financial reporting requirements with which the chartering school district is required to comply, including but not limited to annual completion of a governmental audit that complies with the requirements of the department.
(8) (a) Notwithstanding any provision of this section to the contrary, a chartering school district, under the circumstances specified in the contract between the school district and the charter school pursuant to section 22-30.5-105 (2)(c)(IV), may withhold a portion of a charter school's monthly payment due pursuant to this section.
l audit that complies with the requirements of the department.
(8) (a) Notwithstanding any provision of this section to the contrary, a chartering school district, under the circumstances specified in the contract between the school district and the charter school pursuant to section 22-30.5-105 (2)(c)(IV), may withhold a portion of a charter school's monthly payment due pursuant to this section.
(b) The chartering school district may withhold a portion of the payment due to the charter school only until such time as the charter school complies with the financial reporting requirements.
(9) (a) If a charter school determines that its chartering school district has not forwarded to the charter school the amount due to the charter school in accordance with the terms of the charter contract and the provisions of this section, the charter school may seek a determination from the state board regarding whether the chartering school district improperly withheld any portion of the amount due to the charter school. A charter school that chooses to request a determination pursuant to this subsection (9) of issues arising on or after July 1, 2004, shall submit the request within the next fiscal year following the fiscal year in which the chartering school district may have improperly withheld funding; except that, if the charter contract requires the charter school to complete any requirements prior to seeking a determination from the department pursuant to this subsection (9), the charter school shall submit the request no later than the end of the next fiscal year following the fiscal year in which the charter school completes said requirements.
(b) Upon receipt from a charter school of a request for a determination of whether the chartering school district has improperly withheld any portion of the amount due to the charter school, the state board shall direct the department to review the terms of the charter contract and the financial information of the charter school and the chartering school district and make a recommendation to the state board regarding whether the chartering school district improperly withheld any portion of the amount due to the charter school. The department shall request from the chartering school district and the charter school all information necessary to make the recommendation, including but not limited to audited financial data. The chartering school district and the charter school shall provide the requested information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit. The department shall forward its recommendation to the state board within sixty days after receiving all of the requested information from the chartering school district and the charter school.
(c) At the next state board meeting following receipt of the recommendation of the department pursuant to paragraph (b) of this subsection (9), the state board shall issue its decision regarding whether the chartering school district improperly withheld any portion of the amount due to the charter school. If the state board finds that the chartering school district improperly withheld any portion of the amount due to the charter school, the chartering school district shall pay to the charter school, within thirty days after issuance of the decision, the amount improperly withheld. In addition, the chartering school district shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation. If the state board finds that the chartering school district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.
ol district shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation. If the state board finds that the chartering school district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.
(d) If the chartering school district fails within the thirty-day period to pay the full amount that was improperly withheld, the charter school may notify the department, and the department shall withhold from the chartering school district's state equalization payment the unpaid portion of the amount improperly withheld by the chartering school district from the charter school and pay the unpaid portion directly to the charter school.
(10) (a) If a charter school determines that a school district has not paid the tuition charge for the excess costs incurred in educating a child with a disability as required in section 22-20-109 (5), the charter school may seek a determination from the state board in accordance with the provisions of subsection (9) of this section.
(b) If the state board determines that the school district has improperly withheld moneys due to the charter school, the school district, within thirty days after the state board's determination, shall pay to the charter school the amount improperly withheld. In addition, the school district shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation. If the school district fails, within the thirty-day period, to pay the full amount that was improperly withheld, the charter school shall notify the department, and the department shall withhold from the school district's state equalization payment the unpaid portion of the amount improperly withheld by the district and pay the unpaid portion directly to the charter school.
(c) If the state board finds that the school district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.
(11) (a) Notwithstanding any provision of this section to the contrary, a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to receive, as calculated pursuant to section 22-30.5-513, the accounting district's adjusted per pupil revenues and at-risk supplemental aid as the funding applied to the converted school before the conversion; except that this subsection (11) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).
(b) Repealed.
C.R.S. § 22-30.5-112.1 Charter schools - exclusive jurisdiction districts - authorized on or after July 1, 2004 - financing - definitions
22-30.5-112.1. Charter schools - exclusive jurisdiction districts - authorized on or after July 1, 2004 - financing - definitions. (1) As used in this section, unless the context otherwise requires:
(a) (I) "Adjusted district per pupil revenues" means the greater of:
(A) The qualifying school district's per pupil funding plus the qualifying school district's at-risk per pupil funding plus the qualifying school district's English language learner per pupil funding; or
(B) Minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, in a budget year in which a qualifying school district receives minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d), "adjusted district per pupil revenues" means minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).
(b) "At-risk funding" means the amount of funding determined in accordance with the applicable at-risk funding formula pursuant to article 54 of this title 22.
(c) "At-risk per pupil funding" means the amount of funding determined in accordance with the following formula:
(The qualifying school district's at-risk funding divided by the qualifying school district's funded pupil count) x (the district charter school's percentage of at-risk pupils divided by the qualifying school district's percentage of at-risk pupils)
(d) "At-risk pupils" shall have the same meaning as provided in section 22-54-103 (1.5).
(e) "Central administrative overhead costs" shall have the same meaning as provided in section 22-30.5-112 (2)(a.5)(I).
(f) "District charter school" means a charter school for which the charter application is approved on or after July 1, 2004, by a qualifying school district.
(g) "District funded pupil count" means the funded pupil count determined pursuant to article 54 of this title 22.
(h) "District per pupil funding" means a qualifying school district's per pupil funding as determined in accordance with the formula described in section 22-54-104 (3).
(i) "District per pupil online funding" means a school district's online funding, as determined in article 54 of this title 22, divided by the district's online pupil enrollment for any budget year.
(j) "District per pupil revenues" means the qualifying school district's total program, as defined in section 22-54-103 (6), for any budget year divided by the qualifying school district's funded pupil count for said budget year.
(j.2) "English language learner funding" means the amount of funding determined in accordance with the applicable English language learner funding formula pursuant to article 54 of this title 22.
(j.4) "English language learner per pupil funding" means the amount of funding determined in accordance with the following formula:
(The qualifying school district's English language learner funding divided by the qualifying school district's funded pupil count) x (the district charter school's percentage of English language learner pupils divided by the qualifying school district's percentage of English language learner pupils)
(j.6) "English language learner pupils" has the same meaning as provided in section 22-54-103 (6.5).
(k) "Online pupil enrollment" means:
(I) Repealed.
(II) For the 2008-09 budget year, and for budget years thereafter, the number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and actively participating in a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title, by the district charter school.
(l) "Pupil enrollment" shall have the same meaning as provided in section 22-54-103 (10).
s thereafter, the number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and actively participating in a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title, by the district charter school.
(l) "Pupil enrollment" shall have the same meaning as provided in section 22-54-103 (10).
(m) "Qualifying school district" means a school district:
(I) That has retained exclusive authority to authorize charter schools pursuant to the provisions of section 22-30.5-504; and
(II) In which more than forty percent of the pupil enrollment consists of at-risk pupils.
(2) Notwithstanding the provisions of section 22-30.5-112 (2)(a) to (2)(a.5), (2)(b), (2)(b.5), and (2)(c), the amount of funding to be received by a district charter school, the accounting of central administrative overhead costs between a district charter school and a qualifying school district, and the direct purchase of district services by a district charter school from a qualifying school district shall be determined pursuant to the provisions of this section.
(3) (a) For budget year 2004-05 and budget years thereafter, each district charter school and the qualifying school district that approved the charter shall negotiate funding under the charter contract. The district charter school shall receive one hundred percent of the adjusted district per pupil revenues for each pupil enrolled in the district charter school who is not an online pupil and one hundred percent of the district per pupil online funding for each online pupil enrolled in the district charter school; except that the qualifying school district may choose to retain the sum of the actual amount of the district charter school's per pupil share of the central administrative overhead costs for services actually provided to the district charter school, up to five percent of the adjusted district per pupil revenues for each pupil who is not an online pupil enrolled in the district charter school and up to five percent of the district per pupil online funding for each online pupil enrolled in the district charter school.
(b) Notwithstanding any provision of this subsection (3) to the contrary, if a qualifying school district enrolls five hundred or fewer students, the district charter school shall receive funding in the amount of the greater of one hundred percent of the district per pupil online funding for each online pupil enrolled in the district charter school plus one hundred percent of the district per pupil revenues for each pupil who is not an online pupil enrolled in the district charter school, minus the actual amount of the district charter school's per pupil share of the central administrative overhead costs incurred by the qualifying school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the district charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the district charter school.
per pupil share of the central administrative overhead costs incurred by the qualifying school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the district charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the district charter school.
(c) For purposes of calculating a charter school's funding pursuant to this subsection (3):
(I) If the charter school operates a full-day kindergarten educational program, the pupils enrolled in the program are counted as full-day pupils; except that a student enrolled as less than a full-time pupil is counted in accordance with rules promulgated by the state board; and
(II) If the charter school operates a half-day kindergarten educational program, the pupils enrolled in the program are counted as half-day pupils and the number of pupils enrolled in the charter school must include the supplemental kindergarten enrollment as defined in section 22-54-103 (15).
(4) Within ninety days after the end of each fiscal year, each qualifying school district shall provide to each district charter school authorized by the qualifying school district an itemized accounting of all its central administrative overhead costs. The actual central administrative overhead costs shall be the amount charged to the district charter school. Any difference, within the limitations specified in subsection (3) of this section, between the amount initially charged to the district charter school and the actual cost shall be reconciled and paid to the owed party.
(5) The district charter school, at its discretion, may contract with the qualifying school district for the direct purchase of district services in addition to those included in central administrative overhead costs, including but not limited to food services, custodial services, maintenance, curriculum, media services, and libraries. The amount to be paid by a district charter school in purchasing any district service pursuant to this subsection (5) shall be determined through an agreement between the district charter school and the qualifying school district using one of the following methods:
(a) By dividing the cost of providing the service for the entire qualifying school district, as specified in the qualifying school district's budget, by the number of students enrolled in the qualifying school district and multiplying said amount by the number of students enrolled in the district charter school;
(b) By determining the actual costs incurred by the qualifying school district in providing support services; or
(c) By negotiating a services agreement between the district charter school and the qualifying school district pursuant to which multiple services are provided for a fixed cost.
(6) Notwithstanding any other provision of this section to the contrary and for the purposes of this section only, a school district in which more than forty percent of the pupil enrollment consists of at-risk pupils at the time a charter school's application is first approved shall be deemed to have the same percentage of at-risk pupil enrollment for the term of the charter contract. For purposes of renewal of the charter contract, the percentage of at-risk pupils in the school district at the time the renewal application is submitted shall be the percentage used for purposes of determining whether the school district is a qualifying school district and subject to the provisions of this section.
same percentage of at-risk pupil enrollment for the term of the charter contract. For purposes of renewal of the charter contract, the percentage of at-risk pupils in the school district at the time the renewal application is submitted shall be the percentage used for purposes of determining whether the school district is a qualifying school district and subject to the provisions of this section.
(7) (a) Notwithstanding any provision of this section to the contrary, a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to receive, as calculated pursuant to section 22-30.5-513, the accounting district's adjusted per pupil revenues and at-risk supplemental aid as the funding applied to the converted school before the conversion; except that this subsection (7) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).
(b) Repealed.
C.R.S. § 22-30.5-112.2 Charter schools - at-risk supplemental aid - definitions - legislative declaration
22-30.5-112.2. Charter schools - at-risk supplemental aid - definitions - legislative declaration. (1) As used in this section, unless the context otherwise requires:
(a) "Adjusted district per pupil revenues" has the same meaning as defined in section 22-30.5-112.1 (1)(a).
(b) "ASCENT program" means the accelerating students through concurrent enrollment program created in section 22-35-108.
(c) "At-risk pupils" has the same meaning as defined in section 22-54-103 (1.5).
(d) "District per pupil revenues" has the same meaning as defined in section 22-30.5-112 (2)(a.5)(II).
(e) "Qualifying school district" has the same meaning as defined in section 22-30.5-112.1.
(f) "TREP program" means the teacher recruitment education and preparation program created in section 22-35-108.5.
(2) (a) For the 2012-13 budget year and each budget year thereafter, the general assembly shall appropriate to the department of education for allocation to school districts the amount calculated for at-risk supplemental aid for those school districts and district charter schools described in paragraph (b) of this subsection (2). The at-risk supplemental aid is additional funding and does not supplant any other funding provided pursuant to this article.
(b) (I) Each qualifying school district must receive at-risk supplemental aid if the percentage of at-risk pupils in a district charter school authorized by the qualifying school district prior to July 1, 2004, is less than the percentage of at-risk pupils in the qualifying school district. The amount of the school district's at-risk supplemental aid is equal to the difference between one hundred percent of district per pupil revenues and one hundred percent of adjusted district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program.
(II) Each district charter school in a qualifying school district that was initially authorized prior to July 1, 2004, must receive at-risk supplemental aid if the percentage of at-risk students in the district charter school exceeds the percentage of at-risk pupils in the qualifying school district. The amount of the district charter school's at-risk supplemental aid is equal to the difference between one hundred percent of adjusted district per pupil revenues and one hundred percent of district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program. A school district shall pass through one hundred percent of a district charter school's at-risk supplemental aid to the district charter school.
(III) Each district charter school in a school district that is not a qualifying district and whose percentage of at-risk pupils exceeds the percentage of at-risk pupils in the chartering school district must receive at-risk supplemental aid. The amount of the district charter school's at-risk supplemental aid is equal to the difference between one hundred percent of adjusted district per pupil revenues and one hundred percent of district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program. A school district shall pass through one hundred percent of a district charter school's at-risk supplemental aid to the district charter school.
(3) If the appropriation to the department of education is insufficient to fund one hundred percent of the at-risk supplemental aid calculated pursuant to paragraph (b) of subsection (2) of this section, the department of education shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.
-risk supplemental aid to the district charter school.
(3) If the appropriation to the department of education is insufficient to fund one hundred percent of the at-risk supplemental aid calculated pursuant to paragraph (b) of subsection (2) of this section, the department of education shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.
(4) (a) Notwithstanding any provision of this section to the contrary, at-risk supplemental aid for a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to be calculated for the converted school pursuant to section 22-30.5-513 as the funding applied to the converted school before the conversion; except that this subsection (4) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).
(b) Repealed.
C.R.S. § 22-30.5-112.3 Charter schools - additional aid from district
22-30.5-112.3. Charter schools - additional aid from district.
(1) (a) and (a.5) Repealed.
(a.7) (I) For the 2003-04 budget year and each budget year thereafter, a qualified charter school, as defined in section 22-54-124 (1)(f.6), shall receive state education fund moneys from the school district that granted its charter in an amount equal to the percentage of the district's certified charter school pupil enrollment that is attributable to pupils expected to be enrolled in the qualified charter school multiplied by the total amount of state education fund moneys distributed to the district for the same budget year pursuant to section 22-54-124 (3).
(II) As used in this paragraph (a.7), "pupils" means pupils, other than pupils enrolled in an online program or online school, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), who are enrolled in a charter school.
(b) Funding received pursuant to paragraph (a), (a.5), or (a.7) of this subsection (1) shall be in addition to any funding provided pursuant to section 22-30.5-112.
(c) A district shall provide funding to each qualified charter school, as defined in section 22-54-124 (1)(f.6), by making a monthly payment to the qualified charter school as soon as possible after the district receives a monthly payment of state education fund moneys pursuant to section 22-54-124 (4).
(2) (a) A charter school shall use moneys it receives pursuant to subsection (1) of this section solely for capital construction, as defined in section 22-54-124 (1)(a).
(b) Notwithstanding the provisions of section 22-30.5-112 (4.5), any moneys received by a charter school pursuant to subsection (1) of this section for the 2001-02 budget year that are not expended by January 31, 2003, shall be transferred back to the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-30.5-112.5 Charter schools - transportation plans
22-30.5-112.5. Charter schools - transportation plans. If a charter school's charter or contract includes provision of transportation services by the school district, the charter school and the school district shall collaborate in developing a transportation plan to use school district equipment to transport students enrolled in the charter school to and from the charter school and their homes and to and from the charter school and any extracurricular activities. The transportation plan may include, but need not be limited to, development of bus routes and plans for sharing the use of school district equipment for the benefit of students enrolled in charter schools of the school district and students enrolled in other schools of the school district.
C.R.S. § 22-30.5-113 State board - department of education - duties - charter schools - evaluation - report
22-30.5-113. State board - department of education - duties - charter schools - evaluation - report. (1) Notwithstanding section 24-1-136 (11)(a)(I), beginning in the 2004-05 budget year, and at least every three years thereafter through the 2021-22 budget year, the department shall prepare a report and evaluation for the governor and the house and senate committees on education on the success or failure of charter schools and of institute charter schools authorized pursuant to part 5 of this article 30.5, their relationship to other school reform efforts, and suggested changes in state law necessary to strengthen or change the charter school program described in this article 30.5. The department is authorized to collect information as necessary to prepare the report. Beginning in the 2023-24 budget year, the department shall annually prepare a report and evaluation described in this subsection (1).
(2) The state board shall compile evaluations of charter schools received from local boards of education and evaluations of institute charter schools prepared by the state charter school institute created in section 22-30.5-503. The state board shall review and report on information regarding the statutes, regulations, and policies governing charter school oversight and support and statutes, regulations, and policies from which charter schools were released pursuant to section 22-30.5-105 and from which institute charter schools were released pursuant to section 22-30.5-508 to determine if the releases assisted or impeded the charter schools or the institute charter schools in meeting their stated goals and objectives.
(3) In preparing the report required by this section, the state board shall compare the performance of charter school pupils and institute charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
C.R.S. § 22-30.5-114 Repeal of part
22-30.5-114. Repeal of part. (Repealed)
C.R.S. § 22-30.5-115 Construction of article - severability
22-30.5-115. Construction of article - severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
C.R.S. § 22-30.5-116 Charter schools - school bullying policies required
22-30.5-116. Charter schools - school bullying policies required. (1) On or before October 1, 2011, each charter school shall adopt and implement a policy concerning bullying prevention and education. Each charter school's policy, at a minimum, shall set forth appropriate disciplinary consequences for students who bully other students and for any person who takes any retaliatory action against a student who reports in good faith an incident of bullying, which consequences shall comply with all applicable state and federal laws.
(2) For the purposes of this section, "bullying" shall have the same meaning as set forth in section 22-32-109.1 (1)(b).
(3) Each charter school is encouraged to ensure that its policy, at a minimum, incorporates the biennial administration of surveys of students' impressions of the severity of bullying in their schools, as described in section 22-93-104 (1)(c); includes character building; and includes the designation of a team of persons at each school of the school district who advise the school administration concerning the severity and frequency of bullying incidents that occur in the school, which team may include, but need not be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health professionals, counselors, teachers, administrators, parents, and students.
C.R.S. § 22-30.5-117 Developmental education placement or assessment tests - intervention plans
22-30.5-117. Developmental education placement or assessment tests - intervention plans. (1) Each charter school that includes any of grades nine through twelve may administer to students enrolled in those grades the developmental education placement or assessment tests that are administered to matriculated first-time freshman students pursuant to section 23-1-113. The charter school may administer the tests to a student at any time and as often as it deems necessary while the student is enrolled in any of grades nine through twelve, but the department of education shall allocate money to each charter school to offset the costs incurred in administering each of the test units only once per student while he or she is enrolled in those grades.
(2) If a charter school chooses to administer the developmental education placement or assessment tests, each student's individual career and academic plan must include the scores achieved by the student on the developmental education placement or assessment tests and, based on an analysis of the scores, the student's level of postsecondary and workforce readiness at the time he or she takes the tests. If a student's scores indicate that he or she is at risk of being unable to demonstrate postsecondary and workforce readiness prior to or upon graduating from high school, school personnel shall work with the student and the student's parent or legal guardian to create an intervention plan that identifies the necessary courses and education support services the student requires to be able to achieve postsecondary and workforce readiness prior to or upon graduating from high school and to be prepared to continue into the postsecondary education option, if any, selected by the student in his or her individual career and academic plan without need for developmental educational services. If appropriate, the charter school, the student, and the student's parent or legal guardian may choose to enroll the student in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e), at an institution of higher education, through the "Concurrent Enrollment Programs Act", article 35 of this title 22.
C.R.S. § 22-30.5-118 Needs-based inclusion of charter schools in school district mill levy elections - eligibility - allocation of additional local revenues - definitions
22-30.5-118. Needs-based inclusion of charter schools in school district mill levy elections - eligibility - allocation of additional local revenues - definitions. (1) In enacting this section, it is the intent of the general assembly to respect the principle of school district local control and to encourage school districts and charter schools to work together to ensure that charter schools' needs for operating revenues can be met. Accordingly, nothing in this section limits in any way the existing ability of a school district to include a charter school in a school district election to approve additional local revenues or to otherwise assist a charter school in obtaining funding to meet its needs for operating revenues in a legal manner mutually agreed upon by the school district and the charter school.
(2) As used in this section, unless the context otherwise requires:
(a) "Additional local revenues" means a mill levy increase for which a school district receives voter approval pursuant to section 22-40-102 (1.5) or (1.7), 22-54-108, or 22-54-108.5.
(b) "Operating revenues" means moneys used by a school district or a charter school to pay expenses other than capital construction expenses.
(c) "Planning committee" means a committee formed by a school district to assess and prioritize the school district's needs for operating revenues and to consider seeking additional local revenues.
(3) If a school district has a planning committee, the school district must allow the charter schools that the local board of education authorizes to have at least one representative on the school district's planning committee that represents the group of charter schools and must notify the charter schools of the planning committee's meeting schedule. The charter schools of a school district shall cooperate in determining the person or persons who will represent the interests of charter schools on the planning committee.
(4) A school district that considers submitting, or receives a petition requiring it to submit, a ballot question to the eligible electors of the school district to authorize additional local revenues pursuant to section 22-40-102 (1.5) or (1.7), 22-54-108, or 22-54-108.5 shall invite each charter school authorized by the school district to participate in discussions regarding submission of the question. The school district shall extend the invitation at the earliest possible time but no later than June 1 of the applicable election year. Each school district is encouraged to voluntarily include funding for the operating revenues needs of charter schools in the school district's ballot questions to authorize additional local revenues without requiring a charter school to comply with the operating revenues plan submission process set forth in subsection (5) of this section.
(5) (a) A charter school that has operating revenues needs may request that the local board of education of its chartering school district:
(I) Include the charter school's operating revenues needs as part of a ballot question to authorize additional local revenues that the school district submits to the eligible electors of the school district; or
(II) Submit a ballot question to authorize additional local revenues for the charter school to the eligible electors of the school district pursuant to section 22-30.5-119.
hool district:
(I) Include the charter school's operating revenues needs as part of a ballot question to authorize additional local revenues that the school district submits to the eligible electors of the school district; or
(II) Submit a ballot question to authorize additional local revenues for the charter school to the eligible electors of the school district pursuant to section 22-30.5-119.
(b) A charter school that seeks to have its operating revenues needs included as part of a ballot question that the local board of education of its chartering school district submits to the eligible electors of the district or that seeks to obtain funding for its operating revenues needs through the authorization of additional local revenues pursuant to section 22-30.5-119 shall submit an operating revenues plan to the local board of education of its chartering school district. The plan must include:
(I) A statement of the reasons why the operating revenues needs that would be funded through additional local revenues are necessary;
(II) A description of the specific operations that would be funded through additional local revenues; and
(III) A statement of the reasons why revenue sources other than additional local revenues are inadequate to fully fund the charter school's operating revenues needs.
(6) (a) The local board of education shall review the operating revenues plan submitted by a charter school pursuant to subsection (5) of this section and determine the priority of the charter school's operating revenues needs in relation to the operating revenues needs of other schools of the district.
(b) At least sixty days before the date by which a school district must certify a ballot question to the county clerk and recorder, the local board of education shall notify the charter school in writing that the school district has or has not prioritized the charter school's operating revenues needs for inclusion in the ballot question at the upcoming election.
(c) If the local board of education prioritizes the charter school operating revenues needs for inclusion in the ballot question at the upcoming election, the local board of education shall include the charter school's operating revenues request in the same ballot question being submitted by the school district to authorize additional local revenues.
(d) If the local board of education does not prioritize the charter school's operating revenues needs for inclusion in the ballot question at the upcoming election, the local board of education shall provide to the charter school, with the notice required in paragraph (b) of this subsection (6), a written statement specifying the reasons for excluding the charter school's operating revenues needs. The local board of education shall allow the charter school an opportunity to address any issues raised by the board.
(e) Nothing in this subsection (6) requires a local board of education to prioritize the operating revenues plan of a charter school. The local board of education and a charter school may agree to reserve or escrow moneys for the benefit of the charter school.
(f) Notwithstanding the provisions of this subsection (6) concerning the prioritization of a charter school's operating revenues plan and inclusion in a district ballot question to authorize additional local revenues, the local board of education and a charter school may agree to an alternative financial plan to address a charter school's operating revenues needs.
(7) When a school district includes a charter school's operating revenues needs in a district ballot question to authorize additional local revenues:
(a) Before the school district submits the ballot question to the eligible electors of the school district, the local board of education and the charter school must agree to the process by which the school district will distribute the additional local revenues to the charter school; and
charter school's operating revenues needs in a district ballot question to authorize additional local revenues:
(a) Before the school district submits the ballot question to the eligible electors of the school district, the local board of education and the charter school must agree to the process by which the school district will distribute the additional local revenues to the charter school; and
(b) The school district and the charter school must bear the costs of submitting the ballot question in proportion to their respective portions of the total additional local revenues that the school district will receive, unless the local board of education and the charter school agree to a different cost-sharing arrangement.
(8) If a charter school requests that a school district submit a ballot question to the eligible electors of the school district pursuant to section 22-30.5-119 to approve additional local revenues, the charter school must pay all of the costs of submitting the ballot question; except that, if the local board of education submits a separate special mill levy ballot question on the same ballot as a ballot question to approve additional local revenues, the school district and the charter school must agree to bear the costs of submitting the special mill levy ballot question. The school district shall distribute to the charter school all of the revenues received as a result of a ballot question submitted pursuant to section 22-30.5-119.
(9) The additional revenues that a charter school receives as a result of inclusion in a district ballot question or a ballot question submitted pursuant to section 22-30.5-119 to authorize additional local revenues are in addition to, and do not replace, the moneys the charter school receives from the school district pursuant to sections 22-30.5-112 to 22-30.5-112.3. A charter school that receives additional revenues as a result of inclusion in a district ballot question or a ballot question submitted pursuant to section 22-30.5-119 is subject to any restrictions on the use of those revenues that may be imposed by the statute that authorizes the school district to seek authorization of the additional local revenues.
(10) Notwithstanding any other provision of this section to the contrary, a school district shall not include a charter school in a district ballot question to authorize additional local revenues or submit a ballot question on the charter school's behalf pursuant to section 22-30.5-119 unless the charter school that is to receive additional local revenues and the school district have entered into a contract specifying that the ownership of any items purchased using the additional local revenues automatically reverts to the school district if:
(a) The charter school's charter is revoked or not renewed;
(b) The charter school becomes insolvent and can no longer operate as a charter school; or
(c) The charter school otherwise ceases to operate.
C.R.S. § 22-30.5-119 Mill levy for charter school operating revenues
22-30.5-119. Mill levy for charter school operating revenues. (1) With the agreement of all charter schools that will receive the revenues generated by a mill levy to collect additional local revenues, the local board of education may, at any time at which a ballot issue arising under section 20 of article X of the state constitution may be decided, submit to the eligible electors of the school district a question to authorize additional local revenues pursuant to section 22-40-102 (1.5) or (1.7), 22-54-108, or 22-54-108.5 to provide operating revenues for one or more charter schools chartered by the school district. The local board of education shall consult with all affected charter schools that will receive the revenues before determining the amount of the additional local revenues. The local board of education has the discretion to combine the ballot question to authorize additional local revenues with any other tax question that the school district is submitting to the eligible electors of the district or to submit the ballot question as a separate question.
(2) An election called pursuant to subsection (1) of this section shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. Each charter school that is to receive a portion of the additional local revenues shall bear the costs of submitting the ballot question in proportion to the amount of revenues it is to receive unless the charter schools and the school district agree to other cost-sharing arrangements.
(3) If the majority of votes cast at an election held pursuant to this section are in favor of the question, the mill levy of the school district for additional local revenues is as approved by the eligible electors of the district, and taxes shall be levied as approved. Additional local revenues that are approved pursuant to this section by a ballot question submitted as provided in section 22-40-102 (1.5) or (1.7), 22-54-108, or 22-54-108.5 are subject to the limitations on the amount and use of the revenues specified in section 22-40-102 (1.5) or (1.7), 22-54-108, or 22-54-108.5, respectively.
(4) Notwithstanding the provisions of section 22-30.5-118 (6) and any provisions of this section to the contrary, a school district shall not impose a mill levy pursuant to this section to benefit a charter school unless the charter school and the school district enter into a contract specifying that the ownership of any items purchased by the charter school using the revenues received from the mill levy automatically reverts to the school district if:
(a) The charter school's charter is revoked or not renewed;
(b) The charter school becomes insolvent and can no longer operate as a charter school; or
(c) The charter school otherwise ceases to operate.
C.R.S. § 22-30.5-120 Charter schools - child sexual abuse and assault prevention plan
22-30.5-120. Charter schools - child sexual abuse and assault prevention plan. (1) Each charter school is encouraged to adopt a child sexual abuse and assault prevention plan. Each charter school is encouraged to include in the plan delivery of a comprehensive, age-appropriate curricula for each grade level that the charter school serves regarding child sexual abuse and assault awareness and prevention. The curricula may address, but need not be limited to:
(a) The skills to recognize:
(I) Child sexual abuse and assault;
(II) Boundary violations and unwanted forms of touching and contact; and
(III) Behaviors that an offender uses to groom or desensitize a victim; and
(b) Strategies to:
(I) Promote disclosure;
(II) Reduce self-blame; and
(III) Mobilize bystanders.
(2) Each charter school is encouraged to include in the child sexual abuse and assault prevention plan professional development for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault. Professional development may include providing training in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S., and distributing resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault.
(3) A charter school is encouraged to use curricula and professional development materials, training, and other resources available from the school safety resource center pursuant to section 24-33.5-1809, C.R.S.
(4) As used in this section, "school personnel" includes teachers, administrators, school resource officers, and other employees of a charter school.
C.R.S. § 22-30.5-301 Legislative declaration
22-30.5-301. Legislative declaration. (1) The general assembly hereby finds that section 2 of article IX of the state constitution requires the general assembly to provide for the establishment and maintenance of a thorough and uniform system of free public schools. The state therefore has an obligation to ensure that every student has a chance to attend a school that will provide an opportunity for a quality education. If a school is not providing a thorough and adequate education, as determined by the annual performance review conducted by the department pursuant to section 22-11-210, the state has an obligation to the students enrolled in that school to make changes to ensure that they have an opportunity to receive a quality education comparable to students in other public schools in the state.
(2) Therefore, the general assembly finds it necessary to establish a system for independent charter schools to operate within local school buildings when school districts have failed to provide adequate educational opportunities.
C.R.S. § 22-30.5-302 Definitions
22-30.5-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Applicant" means the person or group of persons submitting a proposal for an independent charter to operate an independent charter school pursuant to the provisions of this part 3. An "applicant" may include, but shall not be limited to, an individual, a group of individuals, a nonprofit or for-profit company, an existing public school, a school district, or an institution of higher education.
(2) "Commissioner" means the commissioner of education appointed pursuant to section 22-2-110.
(3) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(4) "Independent charter" means the agreement between a local board of education and an independent charter school governing the existence and operation of the independent charter school.
(5) "Independent charter proposal" means a proposal for the operation of an independent charter school submitted in response to a request for proposals pursuant to the provisions of this part 3.
(6) "Independent charter school" means a charter school approved pursuant to this part 3 that is a public school of a school district.
(7) "Local board of education" means the board of education of the school district in which the independent charter school is or is proposed to be located.
(8) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-30.5-303 Independent charter schools - request for proposals - response contents
22-30.5-303. Independent charter schools - request for proposals - response contents. (1) Whenever the state board determines that it is necessary to recommend conversion of a public school to an independent charter school to a local board of education pursuant to the provisions of section 22-11-210 (5), the state board shall issue a request for proposals pursuant to subsection (2) of this section and supervise the appointment of a review committee pursuant to section 22-30.5-304.
(2) (a) If an independent charter school is to be organized, the state board, on or before January 15 of the year in which the independent charter school is to open, shall cause to be issued a request for proposals. The request for proposals shall solicit proposals from interested parties, including but not limited to individuals, persons, nonprofit or for-profit companies, existing public schools or school districts, and institutions of higher education, for the operation of an independent charter school within a building that currently houses a public school of a school district. Responses to the request for proposals shall be due no later than the date specified by the state board pursuant to rules adopted by the state board in accordance with paragraph (b) of this subsection (2). The state board shall issue the request for proposals without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.
(b) The state board shall adopt rules specifying a schedule for receipt of the responses to the request for proposals pursuant to paragraph (a) of this subsection (2), the formation of a review committee and receipt of the recommendations of said committee pursuant to section 22-30.5-304, and the selection of an applicant and notification to the local board of education pursuant to section 22-30.5-305. Said schedule must ensure the completion of negotiations on the independent charter no later than May 30 of the year in which the independent charter school is to open. The rules must also specify the information that an independent charter proposal must include in order to be eligible for consideration. Such information must include, but need not be limited to, the following:
(I) Demonstrable evidence that the applicant for the independent charter has prior experience in improving the academic performance of students;
(II) The goals, objectives, and student performance standards to be achieved by the independent charter school, including but not limited to the measures for the performance indicators specified in section 22-11-204;
(III) A description of the independent charter school's educational program, student performance standards, annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204, and curriculum, which must meet or exceed the state preschool through elementary and secondary education standards adopted pursuant to part 10 of article 7 of this title and must be designed to enable each student to achieve such standards and targets;
(IV) A description of the independent charter school's plan for evaluating student performance, the types of assessments that must be used to measure student progress toward achievement of the school's student performance standards and the targets for the measures used to determine the levels of attainment of the performance indicators, including but not limited to the state assessments administered pursuant to section 22-7-1006.3, the timeline for achievement of the school's student performance standards and the targets, and the procedures for taking corrective action in the event that student performance at the independent charter school fails to meet such standards and targets;
vels of attainment of the performance indicators, including but not limited to the state assessments administered pursuant to section 22-7-1006.3, the timeline for achievement of the school's student performance standards and the targets, and the procedures for taking corrective action in the event that student performance at the independent charter school fails to meet such standards and targets;
(V) Evidence that the applicant is economically sound, including balance sheets and operating statements for recent years of operation when appropriate, a proposed budget for the term of the independent charter, and a description of the manner in which an annual audit of the financial and administrative operations of the independent charter school is to be conducted;
(VI) A list of the rules and statutory requirements for which the independent charter school is requesting a waiver and an explanation of the manner in which the independent charter school shall comply with the intent of any rule or statutory requirement that is waived;
(VII) A description of the governance and operation of the independent charter school;
(VIII) An explanation of the relationship that will exist between the independent charter school and its employees;
(IX) The employment policies of the independent charter school;
(X) How the independent charter school will handle legal liability between the school and the school district and any applicable insurance coverage;
(XI) A description of how the independent charter school plans to meet the transportation needs of its students and, if the independent charter school plans to provide transportation for its students, a plan for addressing the transportation needs of low-income students;
(XII) A description of the independent charter school's enrollment policy, consistent with the requirements of section 22-30.5-104 (3), and the criteria for enrollment decisions, which shall include offering enrollment to students already enrolled in the school and students who would be assigned to the school under school district policy.
(c) If the commissioner finds that the information in any independent charter proposal is incomplete, the commissioner shall request the information necessary to complete the minimum requirements for the proposal.
C.R.S. § 22-30.5-304 Review committee - membership - recommendations
22-30.5-304. Review committee - membership - recommendations. (1) Whenever an independent charter school is to be organized pursuant to this part 3, on or before the date specified by rule adopted by the state board in accordance with section 22-30.5-303 (2)(b), the commissioner shall cause a review committee to be formed. The review committee shall consist of:
(a) The commissioner or a designee of the commissioner, who shall chair the review committee but shall be a nonvoting member of the committee;
(b) A member of the board of education of the school district in which the school is geographically located who shall be the member elected from the director district in which the school is geographically located, if members of the board are elected from director districts, or the member who resides closest to the school, if members are not elected from director districts;
(c) (I) A licensed professional employed at the school who is elected by a vote of all licensed professionals who provide instruction at the school or have an office in the school.
(II) The election required by this paragraph (c) shall be conducted during the month specified by rule adopted by the state board in accordance with section 22-30.5-303 (2)(b).
(d) (I) Two parents of students enrolled in the school who are members of the school accountability committee and are elected by a vote of the members of the school accountability committee.
(II) The election required by this paragraph (d) shall be conducted during the month specified by rule adopted by the state board in accordance with section 22-30.5-303 (2)(b).
(e) (I) A principal of a school at the same elementary, middle, or high school level as the independent charter school that is to be organized, appointed by the governor.
(II) In appointing a principal pursuant to this paragraph (e), the governor shall appoint a principal of a public school that received the highest possible accreditation rating pursuant to the accreditation policy implemented pursuant to section 22-11-307 by the public school's local board of education or by the state charter school institute, whichever is applicable, for the immediately preceding school year.
(f) (I) A teacher in a school at the same elementary, middle, or high school level as the independent charter school that is to be organized, appointed by the governor.
(II) In appointing a teacher pursuant to this paragraph (f), the governor shall appoint a teacher from a public school that received the highest possible accreditation rating pursuant to the accreditation policy implemented pursuant to section 22-11-307 by the public school's local board of education or by the state charter school institute, whichever is applicable; and
(g) A business representative, appointed by the governor, who resides in the neighborhood of the school.
(2) The committee shall meet by call of the chair of the review committee as needed to review the proposals received in response to the request for proposals issued pursuant to section 22-30.5-303. The committee shall evaluate the proposals and, on or before the date specified by rule adopted by the state board in accordance with section 22-30.5-303 (2)(b), shall forward to the state board all proposals and its recommendations on each proposal. The committee may make recommendations on applicants without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.
C.R.S. § 22-30.5-305 Independent charter schools - selection
22-30.5-305. Independent charter schools - selection. (1) On or before the date specified by rule adopted by the state board in accordance with section 22-30.5-303 (2)(b), the state board shall select an applicant to recommend to the local board of education. The state board may select the applicant without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.
(2) On or before the date specified by rule adopted by the state board in accordance with section 22-30.5-303 (2)(b), the commissioner shall forward to the local board of education a copy of the selected applicant's response to the request for proposals.
(3) The commissioner or the commissioner's designee shall assist the selected applicant in negotiating an independent charter with the local board of education pursuant to section 22-30.5-306.
C.R.S. § 22-30.5-306 Independent charter schools - charter - term
22-30.5-306. Independent charter schools - charter - term. (1) The response to the request for proposals forwarded by the commissioner pursuant to section 22-30.5-305 (2) shall constitute the application for a charter pursuant to section 22-30.5-106. Notwithstanding the time limit established in section 22-30.5-107 (1), the local board of education shall consider the application for the upcoming school year.
(2) With the assistance from the commissioner or the commissioner's designee, the selected applicant and the local board of education shall negotiate the terms of the independent charter, which may be different from or in addition to the terms of the response to the request for proposals; except that:
(a) The independent charter school shall be entitled to use the school building in which the public school that is subject to conversion was operated. The independent charter school and the local board of education shall negotiate an amount of rent to be paid, which shall be not more than twelve dollars per year, and all other costs for the operation and maintenance of the building and related facilities.
(b) The term of the independent charter school's charter shall be four years.
(3) (a) On or before May 30 of the year in which the independent charter school is to open, all negotiations between the selected applicant and the local board of education shall be concluded and the local board of education shall accept the application following a public hearing held upon public notice.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), if, during the year prior to the year in which the independent charter school is to open, the school is required to implement a priority improvement plan, an improvement plan, or a performance plan pursuant to section 22-11-405, 22-11-404, or 22-11-403, respectively, the local board of education and the applicant may jointly agree to allow the school to remain under the administration of the local board of education.
(4) Except as specifically provided in this part 3, an independent charter school shall be entitled to all of the rights granted by and subject to the obligations imposed by section 22-30.5-104.
(5) (a) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1538, § 32, effective May 21, 2009.)
(b) Repealed.
C.R.S. § 22-30.5-307 Independent charter schools - expiration - renewal - conversion
22-30.5-307. Independent charter schools - expiration - renewal - conversion. (1) If an independent charter school is required pursuant to section 22-11-210 to implement a turnaround plan during the third year of the school's independent charter, the state board shall issue a new request for proposals pursuant to section 22-30.5-303 (2), and a new independent charter school application process shall commence.
(2) If an independent charter school is required to implement a priority improvement plan, improvement plan, or performance plan pursuant to section 22-11-405, 22-11-404, or 22-11-403, respectively, during the third year of the school's independent charter, the parents and legal guardians of the students enrolled at the independent charter school shall decide by majority vote whether, at the expiration of the independent charter school's charter, the school shall apply for a renewal of the independent charter or shall seek to become a regular school of the school district in which the independent charter school is located.
(3) The independent charter school shall arrange for an election to decide which of the options specified in subsection (2) of this section the school shall pursue. The election shall be conducted during the month of September of the fourth school year of the independent charter. All parents and legal guardians of students enrolled in the independent charter school on the date of the election and for at least thirty days prior to the election shall be eligible to vote in the election conducted pursuant to this subsection (3).
(4) If a majority of the parents and legal guardians vote in favor of renewing the independent charter application, the renewal process shall be governed by section 22-30.5-110. If a majority of the parents and legal guardians vote in favor of becoming a regular school of the school district, the independent charter school's charter shall not be renewed, and the operation of the school shall return to the local board of education.
C.R.S. § 22-30.5-308 Independent charter schools - employee options - financing options - guidelines
22-30.5-308. Independent charter schools - employee options - financing options - guidelines. (1) The provisions of section 22-30.5-111 shall apply to employees of an independent charter school.
(2) The provisions of section 22-30.5-112 shall govern the financing of independent charter schools.
C.R.S. § 22-30.5-401 Short title
22-30.5-401. Short title. This part 4 shall be known and may be cited as the "Charter School Facilities Financing Act".
C.R.S. § 22-30.5-402 Legislative declaration
22-30.5-402. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The "Charter Schools Act", part 1 of this article, was enacted by the general assembly without providing a method for funding the capital construction needs of charter schools;
(b) Since the enactment of the "Charter Schools Act", the general assembly has enacted legislation requiring a portion of the moneys in the state education fund to be distributed to charter schools for use in funding capital construction, but such moneys are not sufficient to fully meet the capital construction needs of charter schools;
(c) Pursuant to Senate Bill 01-237, enacted at the first regular session of the sixty-third general assembly, the general assembly declared its intent to establish a method for funding the capital construction needs of charter schools that is equitable, withstands constitutional challenge, and promotes cooperation between charter schools and their authorizing school districts and encouraged representatives of local boards of education, school district administrators, charter schools, the business community, and any other interested persons to meet and develop a comprehensive legislative proposal for funding the capital construction needs of charter schools for consideration by the sixty-third general assembly at the 2002 regular session.
(2) The general assembly further finds and declares that this part 4 is the product of legislative examination and modification of a comprehensive legislative proposal that resulted from meetings of representatives of local boards of education, school district administrators, charter schools, the business community, and any other interested persons and represents a comprehensive legislative proposal for funding the capital construction needs of charter schools that is equitable, withstands constitutional challenge, and promotes cooperation between charter schools and their authorizing school districts.
C.R.S. § 22-30.5-403 Definitions
22-30.5-403. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Board of education" or "board" means a school district board of education.
(2) "Budget year" means the period beginning on July 1 of each year and ending on the following June 30 for which a budget for a district is adopted.
(3) "Charter school" means a charter school as described in section 22-30.5-104, and also includes a nonprofit corporation exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that owns a facility used for occupancy by pupils enrolled or to be enrolled in a charter school on behalf of a charter school and that was created for the sole purpose of holding title to such facility.
(4) "Charter school capital construction" or "capital construction" means constructing, demolishing, remodeling, financing, or refinancing the acquisition of land, buildings, or facilities used for occupancy by pupils enrolled in or to be enrolled in a charter school or an institute charter school. The term also includes actions taken to achieve the purposes set forth in section 22-42-102 (2)(a)(I) to (2)(a)(V), (2)(a)(VII), and (2)(a)(VIII).
(5) "Charter school per pupil facilities aid program moneys" means state education fund moneys to be distributed to charter schools and institute charter schools for capital construction pursuant to section 22-54-124.
(5.5) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of this article, and also includes a nonprofit corporation exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that owns, on behalf of an institute charter school, a facility used for occupancy by pupils enrolled or to be enrolled in the institute charter school, which nonprofit corporation was created for the sole purpose of holding title to the facility.
(6) "School district" or "district" means a school district organized and existing pursuant to law; except that the term does not include a local college district.
(7) "Special mill levy" means a mill levy authorized by section 22-30.5-405.
C.R.S. § 22-30.5-404 Needs-based inclusion of charter schools in district bond elections - eligibility - allocation of bond revenues
22-30.5-404. Needs-based inclusion of charter schools in district bond elections - eligibility - allocation of bond revenues. (1) (a) In enacting this section, it is the intent of the general assembly to respect the principle of school district local control and to encourage school districts and charter schools to work together to ensure that the capital construction needs of charter schools can be met. Accordingly, nothing in this section shall be construed to limit in any way the existing ability of any school district to include a charter school in any local bond elections or to otherwise assist a charter school in financing its capital construction needs in any legal manner mutually agreed upon by the school district and the charter school.
(b) A school district shall allow for representation by charter schools on the school district's long-range planning committee and any committee established by the school district to assess and prioritize the district's capital construction needs and shall notify charter schools of the committee's meeting schedule. Charter schools shall cooperate in determining the person or persons who will represent the interests of charter schools on the committee.
(c) Each school district that is considering submitting any question of contracting bonded indebtedness to the eligible electors of the district at an upcoming election shall invite each charter school chartered by the district to participate in discussions regarding the possible submission of such a question at the earliest possible time but no later than June 1 of the applicable election year, and each school district is encouraged to voluntarily include funding for the capital construction needs of charter schools in the district's questions of contracting bonded indebtedness without requiring a charter school to comply with the capital construction plan submission process set forth in subsection (3) of this section.
(2) A charter school that has capital construction needs may seek to obtain moneys to fund such capital construction needs by requesting that the board of education of its chartering school district:
(a) Include the charter school's capital construction needs as part of a ballot question for approval of bonded indebtedness to be submitted by the district to the voters of the district;
(b) Submit a ballot question for approval of a special mill levy to the voters of the district pursuant to section 22-30.5-405; or
(c) Include the charter school's capital construction needs as part of a ballot question for approval of an additional mill levy for ongoing cash funding for the capital construction, new technology, existing technology upgrade, and maintenance needs of the district to be submitted by the district to the voters of the district pursuant to section 22-54-108.7.
(3) A charter school that seeks to have its capital construction needs included as part of a ballot question to be submitted by the board of education of its chartering school district to the voters of the district or that seeks to obtain funding for its capital construction needs through the imposition of a special mill levy pursuant to section 22-30.5-405 or an additional mill levy pursuant to section 22-54-108.7 shall submit a capital construction plan to the board of education of its chartering school district. The plan shall include:
(a) A statement of reasons why the capital construction to be financed by bonded indebtedness or a special or additional mill levy is necessary;
(b) A description of the capital construction to be financed by bonded indebtedness or revenues from a special or additional mill levy;
(c) A description of the architectural, functional, and construction standards that meet applicable state building code requirements and are to be applied to each facility that is the subject of the capital construction project;
dditional mill levy is necessary;
(b) A description of the capital construction to be financed by bonded indebtedness or revenues from a special or additional mill levy;
(c) A description of the architectural, functional, and construction standards that meet applicable state building code requirements and are to be applied to each facility that is the subject of the capital construction project;
(d) An estimate of the total cost of completing the capital construction to be financed by bonded indebtedness or a special or additional mill levy and, if any moneys other than proceeds of bonded indebtedness or a special or additional mill levy and interest earned on such proceeds are to be used to finance the capital construction, a breakdown of the moneys that will be used to finance the capital construction;
(e) An estimate of the amount of time needed to complete the capital construction;
(f) A statement addressing whether construction and renovation, payment of overrun costs, and other capital construction project issues are to be managed by the charter school or the district, with costs for management to be negotiated by the charter school and the district;
(g) A statement of reasons why revenue sources other than bonded indebtedness or a special or additional mill levy are inadequate to fully finance the capital construction; and
(h) A statement of the charter school's preferred means of obtaining moneys.
(4) (a) (I) The board of education of a school district shall review a capital construction plan submitted by a charter school pursuant to subsection (3) of this section and determine the priority of the charter school capital construction need in relation to the capital construction needs of other schools in the district. If the charter school's capital construction plan remedies shortcomings in the charter school's facilities identified in the financial assistance priority assessment of public school facilities created pursuant to section 22-43.7-108, or, when the assessment created pursuant to section 22-43.7-108 is no longer valid, in another assessment using similar criteria for all schools in the district, the board of education shall prioritize a charter school's capital construction needs in the school district's long-range plan and include those needs in the current ballot question in the upcoming election if the charter school's facility needs receive a higher priority assessment than the other schools in the district.
(II) Notwithstanding the provisions of this subsection (4) concerning the prioritization of a charter school's capital construction plan and inclusion in a district ballot question for approval of bonded indebtedness, the board of education of a school district and a charter school may agree to an alternative financial plan that addresses a charter school's facilities needs, including retiring financial obligations or bonds previously issued for the benefit of the charter school.
(III) (A) Nothing in this subsection (4) shall require a school district to prioritize the capital construction plan of a charter school that is on probation with the district or that has been authorized within the previous five years.
(B) The board of education of a school district may require a charter school to certify that school construction to be financed with bond proceeds in accordance with this section will remediate a shortcoming in the charter school's facilities identified pursuant to section 22-43.7-108, and that any construction will conform to any construction guidelines established pursuant to 22-43.7-107.
(C) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (III), the board of education of a school district and a charter school may agree to reserve or escrow funds for the benefit of the charter school.
school's facilities identified pursuant to section 22-43.7-108, and that any construction will conform to any construction guidelines established pursuant to 22-43.7-107.
(C) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (III), the board of education of a school district and a charter school may agree to reserve or escrow funds for the benefit of the charter school.
(IV) The board of education shall notify the charter school in writing whether the school district has prioritized the charter school's capital construction needs for inclusion in the ballot question at the upcoming election no later than sixty days prior to the date by which the school district is required to certify the ballot question to the county clerk and recorder.
(b) If the board has prioritized the charter school capital construction needs pursuant to paragraph (a) of this subsection (4) for inclusion in the ballot question at the upcoming election, the board shall include the charter school's capital construction in the same ballot question being submitted by the district for approval of bonded indebtedness in accordance with subsection (5) of this section.
(c) If the board has not prioritized the charter school's capital construction needs for inclusion in the ballot question at the upcoming election, the board shall provide the charter school with a written statement specifying the reasons for excluding the needs, and the charter school shall have an opportunity to address any issues raised by the board.
(5) When a district includes a charter school's capital construction in a district ballot question seeking approval of bonded indebtedness:
(a) (Deleted by amendment, L. 2009, (SB 09-176), ch. 247, p. 1113, § 2, effective August 5, 2009.)
(b) The board and the charter school shall agree to the process by which the bond proceeds and investment and interest earnings on such proceeds shall be distributed to the charter school prior to submitting the ballot question to the voters of the school district;
(c) The investment and interest earnings on bond proceeds shall be distributed on a pro rata basis to the participating charter school after management fees have been collected; and
(d) The costs of submitting the ballot question shall be borne by both the district and the charter school in proportion to their respective portions of the total bond proceeds to be received unless the board and the charter school agree to a different cost-sharing arrangement.
(5.5) If a charter school requests that a school district submit a ballot question for approval of a special mill levy to the voters of the district pursuant to section 22-30.5-405, the charter school shall agree to pay all costs of submitting the ballot question. Notwithstanding this requirement, if the board of the district submits a separate special mill levy ballot question on the same ballot as a ballot question for approval of bonded indebtedness, the costs of submitting the special mill levy ballot question shall be borne as agreed upon by the school district and the charter school.
(6) (a) Notwithstanding any other provision of this section, no bonds shall be issued for the purpose of financing charter school capital construction unless the charter school that is to receive bond proceeds and the district have entered into a contract specifying that, if the charter school's charter is revoked or not renewed, the charter school becomes insolvent and can no longer operate as a charter school, or the charter school otherwise ceases to operate, following payment of all other debts secured by the capital construction, the ownership of any capital construction financed by the bond proceeds shall automatically revert to the school district.
ing that, if the charter school's charter is revoked or not renewed, the charter school becomes insolvent and can no longer operate as a charter school, or the charter school otherwise ceases to operate, following payment of all other debts secured by the capital construction, the ownership of any capital construction financed by the bond proceeds shall automatically revert to the school district.
(b) The charter school shall not encumber any capital construction financed by bond revenues with any additional debt without the express approval of the school district. If the school district denies approval, the school district shall provide written reasons for such denial.
C.R.S. § 22-30.5-404.5 Discretionary inclusion of institute charter schools in district bond elections - authority - security - legislative intent
22-30.5-404.5. Discretionary inclusion of institute charter schools in district bond elections - authority - security - legislative intent. (1) In enacting this section, it is the intent of the general assembly to respect the principle of school district local control and to permit, but not require, school districts to act in their sole discretion and best interest by using their best judgment in managing the relationships, if any, they maintain with an institute charter school located within the geographic boundaries of the school district.
(2) A school district may, in its sole discretion, engage in discussions with an institute charter school located within the geographic boundaries of the school district concerning the capital construction needs of the institute charter school.
(3) In order for a school district to consider, in its sole discretion, whether to include the capital construction needs of an institute charter school located within the geographic boundaries of the school district in a ballot question pursuant to subsection (4) of this section, an institute charter school must submit a capital construction plan to the board of education in which it is geographically located. The capital construction plan must include, but is not limited to:
(a) Reasons why the institute charter school capital construction must be financed by bonded indebtedness;
(b) A description of the capital construction that will be financed by bonded indebtedness;
(c) A description of the architectural, functional, and construction standards that meet applicable state building code requirements and that will be applied to each facility subject to the capital construction project;
(d) An estimate of the total costs for completing the capital construction that will be financed by the bonded indebtedness and, if any money other than the bonded indebtedness proceeds, including investments and interest earnings, will be used to finance the capital construction, a breakdown of the money that will be used to finance the capital construction;
(e) An estimate of the amount of time needed to complete the capital construction project;
(f) A statement addressing whether the construction or renovation, payment of overrun costs, and other capital construction project issues will be managed by the institute charter school or the school district and whether costs for project management will be negotiated between the institute charter school and the school district;
(g) Reasons why revenue sources other than bonded indebtedness are inadequate to fully finance the institute charter school capital construction; and
(h) The institute charter school's proposed method for disbursement of its share of the bonded indebtedness proceeds.
(4) A school district may, in its sole discretion, include the capital construction needs of an institute charter school as part of a ballot question for approval of bonded indebtedness to be submitted by the school district to the voters of the district.
(5) When a school district, in its sole discretion, wants to include the capital construction needs of an institute charter school in a ballot question, the board of education must, prior to submitting the ballot question to the voters of the school district, enter into a written agreement with the institute charter school that includes:
(a) The process by which investment and interest earnings on bonded indebtedness proceeds are distributed, and the process by which the investment and interest earnings proceeds and the bonded indebtedness proceeds are released to the institute charter school, including for design, pre-construction, and progress payments;
(b) The allocation of investment and interest earnings on the bonded indebtedness proceeds, and the allocation of the cost of submission of the bond question to the voters, between the school district and the institute charter school;
earnings proceeds and the bonded indebtedness proceeds are released to the institute charter school, including for design, pre-construction, and progress payments;
(b) The allocation of investment and interest earnings on the bonded indebtedness proceeds, and the allocation of the cost of submission of the bond question to the voters, between the school district and the institute charter school;
(c) Allocation of the costs to submit the ballot question, which must be borne by both the school district and the institute charter school in proportion to the respective portions of the total bonded indebtedness proceeds that are to be received, unless the school district and the institute charter school agree to a different cost-sharing agreement;
(d) An agreement that if the institute charter school's charter is revoked or not renewed, if the institute charter school becomes insolvent and can no longer operate as an institute charter school, or if the institute charter school otherwise ceases to operate, the school district has priority in recovering debt over all other debtors for costs and payments of all other debts secured by the capital construction and that the ownership of any capital construction, land, or facilities financed by the bonded indebtedness proceeds automatically reverts to the school district. The school district may release its interest in property, in its sole discretion, after the bonded indebtedness proceeds have been redeemed.
(e) An agreement that the institute charter school shall not encumber any capital construction financed by bonded indebtedness with any additional debt without the express approval of the school district. If the school district denies approval, the school district shall provide written reasons for the denial.
C.R.S. § 22-30.5-405 Mill levy for charter school capital construction
22-30.5-405. Mill levy for charter school capital construction. (1) With the agreement of all charter schools that will receive the revenues generated by a special mill levy, the board of education of any school district shall, at any time at which a ballot issue arising under section 20 of article X of the state constitution may be decided, submit to the eligible electors of the district the question of whether to impose a mill levy of a stated amount and for a stated duration for the purpose of financing capital construction for one or more charter schools chartered by the district. When a mill levy for more than one year has been approved, the board shall, without calling an election, decrease the amount or duration of the mill levy as necessary to avoid excessive collections as each capital construction project financed by the mill levy is completed or the financing for such capital construction has been paid by the taxpayers of such school district. If the board is required to submit the ballot question for a mill levy pursuant to section 22-30.5-404 (4), the board shall consult with all affected charter schools that will receive the revenues generated by the special mill levy before determining the amount and duration of the special mill levy. The board of education of any school district has the discretion to combine the ballot question for a mill levy with any other tax question that the school district is submitting to the eligible electors of the district or to submit the ballot question as a separate question.
(2) Any election called pursuant to subsection (1) of this section shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. The costs of the election shall be borne by each charter school that is to receive revenues generated by the mill levy in proportion to the amount of revenues it is to receive unless other cost-sharing arrangements are agreed to by the charter schools and, if the school district submitting the ballot question agrees to bear any of the costs of the election and is not prohibited from bearing such costs by section 22-30.5-404 (4)(b), the district.
(3) If the majority of votes cast at an election held pursuant to this section are in favor of the question, the mill levy of the district for charter school capital construction shall be as so approved by the eligible electors of the district and taxes shall be levied as so approved.
(4) Notwithstanding the provisions of section 22-30.5-404 (4) and any other provisions of this section, no mill levy shall be imposed pursuant to this section to benefit a charter school unless the charter school and the district have entered into a contract specifying to whom the ownership of any capital construction financed by the mill levy shall revert if the charter school loses its charter, fails to pay for the capital construction to be financed by revenues from the mill levy, or becomes insolvent and can no longer operate as a charter school.
(5) (Deleted by amendment, L. 2009, (SB 09-176), ch. 247, p. 1117, § 3, effective August 5, 2009.)
C.R.S. § 22-30.5-406 Direct payment of charter school bonds by the state treasurer and school districts
22-30.5-406. Direct payment of charter school bonds by the state treasurer and school districts. (1) (a) For the purpose of enhancing the ability of a charter school or an institute charter school to obtain favorable financing terms on bonds issued on behalf of the charter school or institute charter school by a governmental entity other than a school district for the purpose of financing charter school capital construction, a charter school that is entitled to receive moneys from the state public school fund pursuant to part 1 of this article, or an institute charter school that is entitled to receive moneys from the state public school fund pursuant to part 5 of this article, may request that the state treasurer make direct payments of principal and interest on the bonds on behalf of the charter school or institute charter school. The charter school or institute charter school shall specify the amount of each payment to be made.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), if the state treasurer concludes that the amount of moneys from the state public school fund that a charter school or an institute charter school will receive pursuant to part 1 or part 5 of this article for any given budget year will be less than the amount of the payments specified by the charter school or institute charter school pursuant to paragraph (a) of this subsection (1) that will be due during the budget year, the state treasurer shall not agree to make direct payments on behalf of the charter school or institute charter school.
(c) (I) In the case of a charter school authorized by a school district board of education, the state treasurer shall withhold the amount of any direct payments made on behalf of a charter school plus administrative costs associated with the making of direct payments in an amount agreed upon by the state treasurer and the charter school from the payments to the chartering district of the state share of the district's total program made pursuant to article 54 of this title. The state treasurer shall notify the chief financial officers of the chartering district and the charter school of any amount of moneys withheld and the chartering district shall reduce the amount of funding it provides to the charter school by said amount. Any administrative costs withheld by the state treasurer pursuant to this subparagraph (I) shall be credited to the charter school financing administrative cash fund, which fund is hereby created. Moneys in the fund shall be continuously appropriated to the state treasurer for the direct and indirect costs of the administration of this section. Moneys in the charter school financing administrative cash fund shall remain in the fund and shall not revert to the general fund at the end of any fiscal year.
(II) In the case of an institute charter school, the state treasurer shall withhold the amount of any direct payments made on behalf of an institute charter school plus administrative costs associated with the making of direct payments in an amount agreed upon by the state treasurer and the institute charter school from the payments to the state charter school institute made by the department of education pursuant to article 54 of this title. The state treasurer shall notify the department of education, the state charter school institute, and the chief financial officer of the institute charter school of any amount of moneys withheld. Any administrative costs withheld by the state treasurer pursuant to this subparagraph (II) shall be credited to the charter school financing administrative cash fund created pursuant to subparagraph (I) of this paragraph (c).
(d) The state treasurer shall establish the procedures necessary to implement this subsection (1) and may promulgate rules for that purpose. Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
reasurer pursuant to this subparagraph (II) shall be credited to the charter school financing administrative cash fund created pursuant to subparagraph (I) of this paragraph (c).
(d) The state treasurer shall establish the procedures necessary to implement this subsection (1) and may promulgate rules for that purpose. Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
(e) This subsection (1) shall not be construed to require the state to continue the payment of state assistance to any school district or to the state charter school institute or to limit or prohibit the state from repealing or amending any law relating to the amount of state assistance to school districts or the state charter school institute or the manner or timing of the payment of such assistance. This subsection (1) shall not be construed to create a debt of the state or any state financial obligation whatsoever with respect to any bonds issued on behalf of a charter school or an institute charter school by a governmental entity other than a school district for the purpose of financing charter school capital construction within the meaning of any state constitutional provision or to create any liability except to the extent provided in this subsection (1).
(2) (a) If the state treasurer does not agree to make direct payments of principal and interest on bonds on behalf of a charter school or an institute charter school pursuant to subsection (1) of this section because the charter school or institute charter school is not entitled to receive moneys from the state public school fund pursuant to part 1 or part 5 of this article or because the state treasurer has concluded that the amount of moneys from the state public school fund that the charter school or institute charter school will receive pursuant to part 1 or part 5 of this article for any given budget year will be less than the amount of the direct payment specified by the charter school or institute charter school that will be due during the budget year, the charter school may request that its chartering district, or the institute charter school may request that the state charter school institute, make direct payments of principal and interest on the bonds on behalf of the charter school or the institute charter school. The charter school or the institute charter school shall specify the amount of each payment to be made.
(b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the board of education of a chartering district concludes that the total amount of moneys that a charter school will receive for any given budget year from the district pursuant to the operating contract between the district and the charter school will be less than the amount of the payments specified by the charter school pursuant to paragraph (a) of this subsection (2) that will be due during the budget year, the chartering district shall not agree to make direct payments on behalf of the charter school.
(II) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the governing board of the state charter school institute concludes that the total amount of moneys that an institute charter school will receive for any given budget year from the state charter school institute pursuant to the charter contract between the state charter school institute and the institute charter school will be less than the amount of the payments specified by the institute charter school pursuant to paragraph (a) of this subsection (2) that will be due during the budget year, the governing board shall not agree to make direct payments on behalf of the institute charter school.
l institute pursuant to the charter contract between the state charter school institute and the institute charter school will be less than the amount of the payments specified by the institute charter school pursuant to paragraph (a) of this subsection (2) that will be due during the budget year, the governing board shall not agree to make direct payments on behalf of the institute charter school.
(c) (I) A chartering district shall withhold the amount of any direct payments made on behalf of a charter school plus administrative costs associated with the making of direct payments in an amount agreed upon by the chartering district and the charter school from the funding provided by the district to the charter school pursuant to part 1 of this article.
(II) The state charter school institute shall withhold the amount of any direct payments made on behalf of an institute charter school plus administrative costs associated with the making of direct payments in an amount agreed upon by the state charter school institute and the institute charter school from the funding provided by the institute to the institute charter school pursuant to part 5 of this article.
(d) This subsection (2) shall not be construed to create a debt of any chartering district or the state charter school institute or any district or institute obligation whatsoever with respect to any lease agreement or installment purchase agreement entered into by a charter school or institute charter school within the meaning of any state constitutional provision or to create any liability except to the extent provided in this subsection (2).
(3) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued on behalf of a charter school or an institute charter school by a governmental entity in reliance upon this section that it will not repeal, revoke, or rescind the provisions of this section or modify or amend the same so as to limit or impair the rights and remedies granted by this section. However, nothing in this subsection (3) shall be deemed or construed to require the state to continue the payment of state assistance received by charter schools or institute charter schools or to limit or prohibit the state from repealing, amending, or modifying any law relating to the amount of state assistance received by charter schools or institute charter schools or the manner of payment or timing thereof. Nothing in this section shall be deemed or construed to create a debt of the state with respect to such bonds or other obligations within the meaning of any state constitutional provision or to create any liability except to the extent provided in this section.
C.R.S. § 22-30.5-407 State charter school debt reserve fund - creation - use of fund moneys - legislative declaration
22-30.5-407. State charter school debt reserve fund - creation - use of fund moneys - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The state charter school debt reserve fund created by this section is intended to enhance the ability of any qualified charter school that chooses to finance capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., to obtain such financing on favorable terms by providing a source of moneys that can be used to make bond payments if the qualified charter school fails to make such payments;
(b) It is appropriate for state education fund moneys to be appropriated to the state charter school debt reserve fund and it is also appropriate for those qualified charter schools that receive more favorable financing terms that result in interest rate savings due to the existence of and reliance upon the state charter school debt reserve fund and the provisions of section 22-30.5-408 with respect to such bonds to pay a portion of their resulting savings to the state charter school debt reserve fund and for all charter schools to bear the risk of having charter school per pupil facilities aid program moneys withheld to replenish the state charter school debt reserve fund in the event that moneys from the state charter school debt reserve fund are expended to make bond payments.
(2) (a) There is hereby created in the state treasury the state charter school debt reserve fund. The fund shall consist of the following moneys:
(I) One million dollars that are hereby appropriated from the state education fund to the state charter school debt reserve fund on July 1, 2002;
(I.5) Six million five hundred thousand dollars that are transferred from the state education fund to the state charter school debt reserve fund on July 1, 2014;
(II) Moneys credited to the state charter school interest savings account of the fund pursuant to subsection (3) of this section;
(III) Moneys transferred from the state education fund to the state charter school debt reserve fund pursuant to paragraph (d) of subsection (4) of this section;
(IV) Moneys credited to the fund by the state treasurer pursuant to section 22-30.5-408 (2)(c)(II); and
(V) Interest and income credited to the fund pursuant to paragraph (c) of this subsection (2).
(b) There is hereby created within the state charter school debt reserve fund the state charter school interest savings account. The account shall consist of moneys credited to the account by the state treasurer pursuant to subsection (3) of this section and any interest and income derived from the deposit and investment of moneys in the account.
(c) All interest and income derived from the deposit and investment of moneys in the state charter school debt reserve fund on or before June 30, 2014, are credited to the state education fund, and all interest and income derived from the deposit and investment of moneys in the state charter school debt reserve fund on and after July 1, 2014, are credited to the state charter school debt reserve fund; except that all interest and income derived from the deposit and investment of moneys in the state charter school interest savings account shall be credited to the account in accordance with paragraph (b) of this subsection (2). At the end of any fiscal year, all unexpended and unencumbered moneys in the state charter school debt reserve fund and the account remain in the fund and the account respectively.
at all interest and income derived from the deposit and investment of moneys in the state charter school interest savings account shall be credited to the account in accordance with paragraph (b) of this subsection (2). At the end of any fiscal year, all unexpended and unencumbered moneys in the state charter school debt reserve fund and the account remain in the fund and the account respectively.
(d) All moneys credited to the state charter school debt reserve fund or expended from the fund, other than moneys credited to or expended from the state charter school interest savings account, are moneys originally credited to the state education fund and are therefore, in accordance with section 17 (3) of article IX of the state constitution and section 22-55-103 (5), exempt from:
(I) The limitation on state fiscal year spending set forth in section 20 (7)(a) of article X of the state constitution and section 24-77-103, C.R.S.; and
(II) The limitation on local government fiscal year spending set forth in section 20 (7)(b) of article X of the state constitution.
(3) (a) A qualified charter school that chooses to finance capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., shall pay to the state treasurer, on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, an amount equal to ten basis points of the principal amount of the bonds outstanding as of each calculation date, and such amount shall be deemed to be the amount of any interest rate savings resulting from more favorable financing terms attributable to the reliance upon the state charter school debt reserve fund and the provisions of section 22-30.5-408 with respect to such bonds. Each annual payment of ten basis points shall be prorated and payable in equal installments among the debt service payments required of the qualified charter school, with respect to the qualified charter school bonds issued for its benefit, during the twelve months following the annual computation date. The state treasurer shall credit any payment received pursuant to this paragraph (a) to the state charter school interest savings account.
(b) The state treasurer may require each qualified charter school that makes required payments to the state treasurer pursuant to paragraph (a) of this subsection (3) to pay a fee to the state treasurer to defray any direct and indirect administrative costs incurred by the state treasurer in executing duties required by this section. The state treasurer shall deposit any fees received into the state charter school interest savings account of the state charter school debt reserve fund.
ments to the state treasurer pursuant to paragraph (a) of this subsection (3) to pay a fee to the state treasurer to defray any direct and indirect administrative costs incurred by the state treasurer in executing duties required by this section. The state treasurer shall deposit any fees received into the state charter school interest savings account of the state charter school debt reserve fund.
(4) (a) Moneys in the state charter school debt reserve fund are hereby continuously appropriated to the state treasurer, who shall expend such moneys solely for the purpose of paying principal and interest on bonds issued on behalf of a qualified charter school by the Colorado educational and cultural facilities authority and only if:
(I) The state treasurer has been notified and has confirmed, in accordance with paragraph (b) of this subsection (4), that the qualified charter school has expended all moneys in its own debt service reserve fund or account that has been funded with proceeds derived from the issuance of the bonds and is unable to make bond payments; and
(II) The qualified charter school has made payments to the state treasurer as required by subsection (3) of this section.
(a.5) Notwithstanding the provisions of paragraph (a) of this subsection (4), fees deposited into the state charter school interest savings account of the state charter school debt reserve fund pursuant to paragraph (b) of subsection (3) of this section may be expended by the state treasurer for the purpose of defraying any direct and indirect administrative costs incurred by the state treasurer in executing duties required by this section.
(b) Whenever the trustee responsible for making payments to the holders of any qualified charter school bonds, as defined in section 22-30.5-408 (1)(d), issued on behalf of a qualified charter school by the Colorado educational and cultural facilities authority has not received payment of principal or interest on the bonds on the tenth business day immediately prior to the date on which such payment is due and the debt service reserve fund for the qualified charter school has been depleted, the trustee shall so notify the state treasurer and the qualified charter school by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the qualified charter school and determine whether the qualified charter school will make the payment by the date on which it is due and, if the state treasurer confirms that the qualified charter school will not make the payment, the state treasurer shall make the payment.
(c) The state treasurer shall expend all moneys in the state charter school interest savings account before expending any other moneys in the state charter school debt reserve fund. If a qualified charter school defaults on a payment with respect to outstanding qualified charter school bonds, as defined in section 22-30.5-408 (1)(d), and the amounts of such payment defaults exceed the amounts available in the state charter school interest savings account and the state charter school debt reserve fund, moneys from the account and the fund shall be allocated pro rata among the qualified charter school bonds that will have a default in the payment of principal or interest based on the ratio that the payment default on each series of such bonds bears to the total payment defaults on all series of such qualified charter school bonds.
st savings account and the state charter school debt reserve fund, moneys from the account and the fund shall be allocated pro rata among the qualified charter school bonds that will have a default in the payment of principal or interest based on the ratio that the payment default on each series of such bonds bears to the total payment defaults on all series of such qualified charter school bonds.
(d) If the state treasurer expends moneys from the portion of the state charter school debt reserve fund that is not the state charter school interest savings account or if the state treasurer expends moneys from the state charter school interest savings account for purposes other than the payment of the administrative costs of the state treasurer, the state treasurer shall withhold charter school per pupil facilities aid program moneys to the extent necessary to restore that portion of the state charter school debt reserve fund, by the transfer of all withheld amounts from the state education fund to that portion of the state charter school debt reserve fund, to a balance of seven million five hundred thousand dollars and to the extent necessary to restore the state charter school interest savings account, by the transfer of all withheld amounts from the state education fund to the state charter school interest savings account, to the balance prior to expenditure of moneys from the account, in accordance with the following requirements:
(I) Each qualified charter school that has had bonds issued on its behalf by the Colorado educational and cultural facilities authority that have relied upon the state charter school debt reserve fund and the provisions of section 22-30.5-408, shall have its payments reduced by the same percentage and by a maximum of fifty percent.
(II) If, in any given fiscal year, the state treasurer determines that after withholding the maximum amount of charter school per pupil facilities aid program moneys that may be withheld pursuant to subparagraph (I) of this paragraph (d) the portion of the state charter school debt reserve fund that is not the state charter school interest savings account will not be restored to a balance of seven million five hundred thousand dollars or the state charter school interest savings account will not be restored to the balance in the account prior to the state treasurer's expenditure of moneys from the account, each charter school that is not relying upon the state charter school debt reserve fund and the provisions of section 22-30.5-408 with respect to bonds issued on its behalf by the Colorado educational and cultural facilities authority shall have its payment reduced by the same percentage and by a maximum of ten percent.
(5) This section shall not be construed to create any state debt, to require the state to make any bond payments on behalf of any qualified charter school from any source of state moneys other than the state charter school debt reserve fund, or to require the state to fully pay off any outstanding bonds of a qualified charter school that cannot make scheduled bond payments.
(6) For purposes of this section, "qualified charter school" means a qualified charter school as defined in section 22-30.5-408 (1)(c).
on behalf of any qualified charter school from any source of state moneys other than the state charter school debt reserve fund, or to require the state to fully pay off any outstanding bonds of a qualified charter school that cannot make scheduled bond payments.
(6) For purposes of this section, "qualified charter school" means a qualified charter school as defined in section 22-30.5-408 (1)(c).
(7) A qualified charter school that chooses to finance capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., shall request that the state treasurer make direct payments of principal and interest on the bonds on behalf of the qualified charter school in accordance with section 22-30.5-406 (1). If the state treasurer does not agree to make direct payments and the qualified charter school is a district charter school, the qualified charter school shall request that its chartering district make direct payments in accordance with section 22-30.5-406 (2). If the state treasurer does not agree to make direct payments and the qualified charter school is an institute charter school, the qualified charter school shall request that the state charter school institute make direct payments of principal and interest on the bonds on behalf of the institute charter school.
(8) This section shall only apply to bonds issued by the Colorado educational and cultural facilities authority in reliance upon the provisions of section 22-30.5-408 (2).
(9) This section is in addition to, and not in limitation of, the powers granted to the Colorado educational and cultural facilities authority pursuant to article 15 of title 23, C.R.S., to finance the costs of facilities of charter schools.
(10) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued in reliance upon the existence of the state charter school interest savings account that the state will not repeal, revoke, or rescind the provisions of this part 4 concerning the account or modify or rescind the same so as to limit or impair the rights and remedies granted by this section to the purchasers of such bonds and that any moneys in the account shall not revert to the general fund.
C.R.S. § 22-30.5-408 Replenishment of qualified charter school debt service reserve funds - additional responsibilities - state treasurer - qualified charter schools - definitions
22-30.5-408. Replenishment of qualified charter school debt service reserve funds - additional responsibilities - state treasurer - qualified charter schools - definitions. (1) As used in this section:
(a) "Charter school debt service reserve fund" means a reasonably required debt service reserve fund or account that has been funded with proceeds derived from the issuance of qualified charter school bonds or other moneys of the qualified charter school.
(b) "Investment grade" means debt obligations that are rated in one of the four highest investment rating categories by one or more nationally recognized rating agencies.
(b.5) "Maximum principal outstanding" means the aggregate outstanding principal amount of bonds for which moneys may be appropriated pursuant to paragraph (a) of subsection (2) of this section.
(c) "Qualified charter school" means a charter school that is described in section 22-30.5-104 or an institute charter school as that term is defined in section 22-30.5-502 that has a stand-alone credit assessment or rating of at least investment grade by a nationally recognized rating agency at the time of issuance of any qualified charter school bonds on behalf of the charter school by the Colorado educational and cultural facilities authority pursuant to the "Colorado Educational and Cultural Facilities Authority Act", article 15 of title 23, C.R.S., and that has been certified as a qualified charter school by the state treasurer.
(d) "Qualified charter school bonds" means bonds that are issued by the Colorado educational and cultural facilities authority for the purpose of financing a facility to be used for occupancy by pupils enrolled in a qualified charter school and are secured by the state charter school debt reserve fund created by section 22-30.5-407 (2) and the provisions of this section.
(e) "Qualified charter school debt service reserve fund requirement" means the level of funding required for a qualified charter school debt service reserve fund as specified in the trust indenture or resolution pursuant to which qualified charter school bonds have been issued, which level of funding shall be no less than the maximum annual principal and interest requirement for the allocable portion of the qualified charter school bonds issued for the benefit of the qualified charter school; except that an amount equal to the qualified charter school debt service reserve fund may be subtracted from the final principal payment for the allocable portion of the qualified charter school bonds issued for the benefit of the qualified charter school when determining the maximum annual principal and interest requirement amount.
(f) "Rating agency" means any nationally recognized statistical rating organization as defined under rule 2a-7 of the "Securities Exchange Act of 1934", as amended, 17 CFR 270.2a-7 (a)(17).
(1.5) (a) The Colorado educational and cultural facilities authority shall develop and publicly disclose the application requirements for the qualified charter school, the application and processing timeline, and all issuer fees and expenses that will apply to the transaction.
ng organization as defined under rule 2a-7 of the "Securities Exchange Act of 1934", as amended, 17 CFR 270.2a-7 (a)(17).
(1.5) (a) The Colorado educational and cultural facilities authority shall develop and publicly disclose the application requirements for the qualified charter school, the application and processing timeline, and all issuer fees and expenses that will apply to the transaction.
(b) The Colorado educational and cultural facilities authority shall not charge a qualified charter school for which it issues bonds pursuant to section 22-30.5-407 an annual fee after the issuance of the bonds occurs; except that this paragraph (b) shall not be construed to prohibit the authority from charging a qualified charter school for fees and expenses incurred in the enforcement of covenants or remedies.
(2) (a) If the Colorado educational and cultural facilities authority has issued qualified charter school bonds on behalf of any qualified charter school that fails immediately to restore its qualified charter school debt service reserve fund to the applicable qualified charter school debt service reserve fund requirement, the board of directors of the authority shall submit to the governor a certificate certifying any amount of money required to restore the qualified charter school debt service reserve fund to the applicable qualified charter school debt service reserve fund requirement. The governor shall submit a request for appropriations in an amount sufficient to restore any or all qualified charter school debt reserve funds to their respective qualified charter school debt service reserve fund requirements, and the general assembly may, but is not required to, appropriate money for said purpose. If, in its sole discretion, the general assembly appropriates any money for said purpose, the aggregate outstanding principal amount of bonds for which money may be appropriated for said purpose must not exceed seven hundred fifty million dollars.
(b) Any moneys appropriated for the purpose of restoring any qualified charter school debt service reserve fund to its qualified charter school debt service reserve fund requirement shall be deposited into the applicable qualified charter school debt service reserve fund.
(c) (I) Upon the expenditure of moneys from the state charter school debt reserve fund or the state charter school interest savings account of the fund by the state treasurer, the state treasurer may file a lien on behalf of the state on the property securing the bonds for which the qualified charter school debt reserve fund is expended in an amount equal to the amount of moneys expended from the state charter school debt reserve fund or the state charter school interest savings account; except that such lien shall not be on a parity with or superior to any lien then secured by the property, including any lien securing such qualified charter school bonds.
(II) Any net proceeds from the sale of property securing the bonds for which the qualified charter school debt reserve fund is established shall be used to reimburse the state treasurer for any costs incurred in connection with the sale of such property. The state treasurer shall credit any additional net proceeds from the sale of such property to the state charter school debt reserve fund to restore the fund to a balance of seven million five hundred thousand dollars. The state treasurer shall credit any remaining net proceeds from the sale of such property to the state charter school interest savings account in the state charter school debt reserve fund.
treasurer shall credit any additional net proceeds from the sale of such property to the state charter school debt reserve fund to restore the fund to a balance of seven million five hundred thousand dollars. The state treasurer shall credit any remaining net proceeds from the sale of such property to the state charter school interest savings account in the state charter school debt reserve fund.
(d) Upon the expenditure of moneys from the state charter school debt reserve fund or the state charter school interest savings account of the fund by the state treasurer, a qualified charter school shall provide the state treasurer with at least the following information:
(I) A copy of any official statement or other offering document for the issuance or incurrence of the financial obligation of the qualified charter school;
(II) A copy of any filings or correspondence with the federal internal revenue service with respect to the issuance or incurrence, including, if applicable, a copy of each form 8038 or form 8038G;
(III) A copy of the continuing disclosure undertaking; and
(IV) Any other information that is described in the state public financing policy promulgated pursuant to section 24-36-121 (5), C.R.S., related to the issuance or incurrence.
(2.7) A qualified charter school that has financed capital construction with qualified charter school bonds shall confirm a stand-alone credit assessment or rating of at least investment grade by a nationally recognized rating agency on its outstanding qualified charter school bonds at the time of the issuance of any new charter school bonds.
(3) This section shall not be construed to create any debt of the state or any state financial obligation whatsoever within the meaning of any state constitutional provision or to create any state liability whatsoever.
(4) The general assembly hereby finds and declares that its intent in enacting this section is to support charter schools and charter school capital construction by helping qualified charter schools that choose to have the Colorado educational and cultural facilities authority issue qualified charter school bonds on their behalf obtain more favorable financing terms for the bonds.
C.R.S. § 22-30.5-409 Annual reports on bonds issued on behalf of charter schools - review by state auditor
22-30.5-409. Annual reports on bonds issued on behalf of charter schools - review by state auditor. (1) Prior to January 30, 2003, and prior to January 30 of each year thereafter, the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., shall submit a report to the state auditor that includes information concerning the issuance of qualified charter school bonds, as defined in section 22-30.5-408 (1)(d), that have resulted in charter schools obtaining more favorable financing terms by reliance on the existence of the state charter school debt reserve fund created in section 22-30.5-407 (2)(a) and the potential replenishment of the state charter school debt reserve fund pursuant to section 22-30.5-408 (2)(a). Such report shall include, but need not be limited to:
(a) The total amount of such qualified charter school bonds issued during the most recently completed calendar year;
(b) The charter schools on whose behalf such qualified charter school bonds were issued;
(c) An itemization of the charter school facilities for which such qualified charter school bonds were issued, the total cost of each such charter school facility, and the percentage of the total cost of each such facility to be paid from the proceeds obtained from the issuance of such qualified charter school bonds;
(d) The investment ratings of such qualified charter school bonds;
(e) The total amount of net and gross proceeds obtained from the issuance of such qualified charter school bonds during the most recently completed calendar year;
(f) The total amount of such outstanding qualified charter school bonds;
(g) The total amount of annual installments of principal and interest on such qualified charter school bonds that were scheduled to be paid during the most recently completed calendar year, the total amount of such annual installments actually paid during the most recently completed calendar year, and the total amount of such annual installments scheduled to be paid during the current calendar year and future calendar years;
(h) The total amount, if any, of moneys expended from each charter school's own debt service reserve fund or account during the most recently completed calendar year for the purpose of paying principal and interest on such qualified charter school bonds; and
(i) The total amount, if any, of moneys expended from the state charter school debt reserve fund during the most recently completed calendar year for the purpose of paying principal and interest on such qualified charter school bonds.
(2) Notwithstanding section 24-1-136 (11)(a)(I), no later than March 1, 2002, and no later than March 1 each year thereafter, the state auditor shall examine the report submitted in accordance with subsection (1) of this section and, upon completion of such review, shall report any findings regarding said submitted report to the education committees of the senate and the house of representatives, the legislative audit committee, the capital development committee, the joint budget committee, and the department of education.
C.R.S. § 22-30.5-501 Legislative declaration
22-30.5-501. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) There is a growing demand for more charter schools in the state;
(b) There is an underserved population of at-risk students in the state, for whom innovative educational models are needed.
(2) The intent of the general assembly in establishing the state charter school institute pursuant to this part 5 is to:
(a) Provide an alternative mode of authorizing charter schools as a means to assist school districts in utilizing best practices for chartering schools and to approve and oversee charter schools in school districts not desiring to do so themselves; and
(b) Preserve the authority of a school district to authorize charter schools, at the school district's option.
C.R.S. § 22-30.5-502 Definitions
22-30.5-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Alternative administrative unit" has the same meaning as set forth in section 22-30.5-103 (1).
(1.3) "At-risk student" means a student:
(a) Who is eligible to receive free or reduced-price lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; or
(b) Who has performed below the level of meeting expectations, as identified by rule of the state board, on a statewide English language arts or mathematics assessment.
(1.5) "Automatic waiver" means the waiver of a state statute or state board rule:
(a) That is included on the list of automatic waivers adopted by rule of the state board;
(b) That is available to each charter school, including each institute charter school, and is valid for the initial, or subsequent renewal, term of the charter contract; and
(c) For which a charter school, including an institute charter school, is not required to submit a statement that specifies the manner in which the charter school intends to comply with the intent of the automatically waived state statute or state board rule.
(2) "Board of cooperative services" means a board of cooperative services as defined in section 22-5-103 (2).
(2.5) "Bullying" shall have the same meaning as set forth in section 22-32-109.1 (1)(b).
(3) "Commissioner" means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution.
(4) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(4.5) "Education management provider" means a nonprofit, not-for-profit, or for-profit entity that contracts with an institute charter school to provide, manage, or oversee all or substantially all of the educational services provided by the institute charter school.
(5) "Institute board" means the governing board of the state charter school institute that is appointed pursuant to section 22-30.5-505 (2).
(6) "Institute charter school" means a charter school authorized pursuant to this part 5.
(7) "Local board of education" or "local board" means a school district board of education.
(8) "Moratorium" means a school district's official policy of refusing to authorize charter schools and an ongoing pattern or practice of refusing to accept or review charter school applications.
(9) "Online pupil" means:
(a) For the 2007-08 budget year, a child who receives educational services predominantly through an online program or online school created pursuant to article 30.7 of this title;
(b) For the 2008-09 budget year, and for each budget year thereafter, a child who receives educational services predominantly through a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title.
(9.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5).
(10) "School district" means a school district organized and existing under the laws of Colorado, except a local college district.
(10.5) "School food authority" means:
(a) A school district or the state charter school institute;
(a.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(a.5) A board of cooperative services created pursuant to article 5 of this title that elects to operate as a school food authority pursuant to section 22-5-120; or
the laws of Colorado, except a local college district.
(10.5) "School food authority" means:
(a) A school district or the state charter school institute;
(a.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(a.5) A board of cooperative services created pursuant to article 5 of this title that elects to operate as a school food authority pursuant to section 22-5-120; or
(b) A district charter school or an institute charter school that:
(I) The commissioner or his or her designee provisionally authorizes as a school food authority pursuant to section 22-32-120 (6); or
(II) The department of education authorizes as a school food authority pursuant to section 22-32-120 (5).
(11) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(12) "State charter school institute" or "institute" means the entity created pursuant to section 22-30.5-503.
C.R.S. § 22-30.5-503 State charter school institute - establishment - rules
22-30.5-503. State charter school institute - establishment - rules. (1) (a) There is established, as an independent agency in the department of education, the state charter school institute. The institute 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.
(b) In addition to any other powers or duties granted by law to the institute, the institute shall:
(I) Review institute charter school applications and assist in the establishment of institute charter schools throughout the state;
(II) Assist in the conversion of a school district charter school to an institute charter school pursuant to section 22-30.5-510 (1);
(III) Approve or deny institute charter school applications and revoke, renew, or refuse to renew institute charter school contracts; and
(IV) Monitor the operations of institute charter schools and the academic achievement of students attending institute charter schools, including compliance with applicable state and federal accountability requirements.
(c) The institute is authorized to enter into contracts or service agreements with any public or private contractor to provide administrative services or technical assistance to institute charter schools pursuant to this part 5. Any such contract or service agreement shall also include provisions establishing liquidated damages and penalties for failure to comply with the terms and conditions of the contract and shall be in accordance with rules promulgated by the institute board.
(2) It is the intent of the general assembly that the institute shall exist to model best practices in authorizing charter schools and make those practices available to school districts.
(3) For purposes of federal law, the state charter school institute shall be a local educational agency, deemed to be a public authority legally constituted within the state for the administrative control and direction of, and to perform a service function for, public elementary schools and secondary schools in the state.
(3.5) (a) The state charter school institute may act as the fiscal manager for purposes of grant management for a district charter school, an institute charter school, or a consortium of charter schools that chooses to apply for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program; except that the provisions of this subsection (3.5) shall not apply to an application for:
(I) A grant program created in the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, or in its implementing regulations.
(II) (Deleted by amendment, L. 2011, (HB11-1089), ch. 55, p. 147, § 1, effective March 25, 2011.)
(b) In acting as a fiscal manager for purposes of grant management pursuant to this subsection (3.5), the institute shall treat district charter schools and institute charter schools equally.
(c) The institute board, by rule, may establish a fee that a district charter school, an institute charter school, or a consortium of charter schools shall pay if it requests that the institute act as the fiscal manager for purposes of grant management for the charter school or consortium of charter schools pursuant to this subsection (3.5). The amount of the fee must not exceed the direct costs incurred by the institute in implementing the provisions of this subsection (3.5). Any amount received by the institute from fees paid pursuant to this subsection (3.5) is continuously appropriated to the institute for the costs incurred in implementing this subsection (3.5). The institute board shall adopt rules as necessary to implement the provisions of this subsection (3.5).
d the direct costs incurred by the institute in implementing the provisions of this subsection (3.5). Any amount received by the institute from fees paid pursuant to this subsection (3.5) is continuously appropriated to the institute for the costs incurred in implementing this subsection (3.5). The institute board shall adopt rules as necessary to implement the provisions of this subsection (3.5).
(d) The state board shall promulgate rules to establish processes, guidelines, and eligibility for a single school or consortium of schools to apply for grants and programs pursuant to this section.
(4) For purposes of the "Exceptional Children's Educational Act", article 20 of this title, the state charter school institute shall be considered an administrative unit, responsible for assisting in the delivery of federally required services to students enrolled in institute charter schools. The institute may provide or contract for the provision of services to a student enrolled in an institute charter school.
(5) The state charter school institute shall be responsible for monitoring the fiscal management of each institute charter school. Each institute charter school shall annually provide to the institute the results of an independent financial audit of the institute charter school. The institute shall report to the state board the same financial information in the same format that school districts are required to report to the state board pursuant to this title. Institute charter schools shall compile and report to the institute the same financial information in the same format that charter schools are required to report to school districts pursuant to part 1 of this article.
(6) The institute and institute charter schools shall be deemed part of the thorough and uniform system of free public schools to be established and maintained by the general assembly, as required in section 2 of article IX of the state constitution. The state board shall have general supervision of institute charter schools, as required in section 1 of article IX of the state constitution.
(7) The institute, by virtue of its functions and duties, shall not be deemed to be a school district for any purpose.
(8) The institute and the institute board are agencies of the state for purposes of the public records provisions of part 2 of article 72 of title 24, C.R.S., and state public bodies for purposes of the open meetings provisions of part 4 of article 6 of title 24, C.R.S.
C.R.S. § 22-30.5-503.5 School response framework
22-30.5-503.5. School response framework. The state charter school institute shall establish a school response framework that complies with the provisions of section 22-32-109.1 (4) for each state charter school.
C.R.S. § 22-30.5-504 Institute chartering authority - institute charter schools - exclusive authority - retention - recovery - revocation
22-30.5-504. Institute chartering authority - institute charter schools - exclusive authority - retention - recovery - revocation. (1) The institute shall be authorized to approve or deny an application submitted for the establishment of an institute charter school pursuant to this part 5.
(2) An institute charter school applicant may submit an application to the institute only if the school district in which the institute charter school is to be located has not retained exclusive authority to authorize charter schools as provided in subsection (5) of this section. If a school district has not retained exclusive authority to authorize charter schools as provided in subsection (5) of this section, the school district and the institute shall have concurrent authority to authorize charter schools and institute charter schools, respectively, to be located within the geographic boundaries of the school district. The school district shall monitor and oversee all charter schools authorized by the school district as provided in part 1 of this article. The institute shall monitor and oversee all institute charter schools authorized by the institute as provided in this part 5.
(3) Nothing in this part 5 shall be construed to eliminate the ability of a school district to authorize charter schools pursuant to part 1 of this article. A school district shall retain the authority to re-authorize and to oversee any charter school which it has authorized, except with respect to any charter school that is converted to an institute charter school pursuant to section 22-30.5-510.
(4) (a) A local board of education may seek to retain or recover exclusive authority to authorize charter schools within the geographic boundaries of the school district by presenting to the state board, on or before March 1 of the fiscal year prior to that for which the exclusive authority is to apply, a written resolution adopted by the local board of education indicating the intent to retain or recover exclusive authority to authorize charter schools. The written resolution shall be accompanied by a written description of those portions of subsection (5) of this section that the local board of education intends to demonstrate. The local board of education shall provide a complete copy of the resolution, including the description, to each charter school authorized by the local board on or before the date the local board submits the resolution to the state board. The state board shall determine within sixty days after receiving the resolution whether to grant the local board of education exclusive authority. If the state board denies the local board exclusive authority to authorize charter schools within the geographic boundaries of the school district, it shall provide to the local board of education a written explanation of the basis for the denial.
ard. The state board shall determine within sixty days after receiving the resolution whether to grant the local board of education exclusive authority. If the state board denies the local board exclusive authority to authorize charter schools within the geographic boundaries of the school district, it shall provide to the local board of education a written explanation of the basis for the denial.
(b) A party may challenge the grant of exclusive authority made by the state board pursuant to subsection (5) of this section by filing with the state board a notice of challenge within thirty days after the state board grants exclusive authority. The notice shall be accompanied by a specific written description, with supporting documentation, of the basis for the challenge. The challenging party, at the time of filing notice with the state board, shall provide a copy of the notice of challenge, with the written description of the basis and supporting documentation, to the local board of education that has been granted exclusive authority. The state board shall permit the local board the opportunity to appear at a public hearing and respond to the challenge and shall permit the challenger the opportunity at the public hearing to rebut any arguments made by the local board. If the local board of education intends to respond to the challenge, it shall submit a copy of its response in writing, with supporting documentation, to the challenging party and the state board at least fifteen days prior to the public hearing. The state board shall make a determination upon the challenge within sixty days after receipt of the notice of challenge. In announcing its determination, the state board shall provide a written explanation of the basis for its decision to either grant or deny to the local board exclusive authority to authorize charter schools within the geographic boundaries of the school district.
(c) If a local board of education recovers exclusive authority pursuant to this section to authorize charter schools within the geographic boundaries of the school district, any institute charter schools authorized within the geographic boundaries of the school district prior to the date on which the local board of education recovered exclusive authority shall continue to be authorized by and accountable to the institute; except that an institute charter school that is converted to a district charter school pursuant to subsection (10) of this section shall be accountable to the local board of education.
(d) Each local board of education that has been granted, prior to or on or after April 17, 2008, exclusive authority to charter schools within the geographic boundaries of the school district shall retain exclusive authority until the local board of education voluntarily relinquishes the exclusive authority or the state board of education revokes the exclusive authority pursuant to the provisions of subsection (7.5) of this section. A local board of education that voluntarily relinquishes exclusive authority may regain exclusive authority by applying pursuant to the provisions of this subsection (4).
clusive authority until the local board of education voluntarily relinquishes the exclusive authority or the state board of education revokes the exclusive authority pursuant to the provisions of subsection (7.5) of this section. A local board of education that voluntarily relinquishes exclusive authority may regain exclusive authority by applying pursuant to the provisions of this subsection (4).
(5) (a) The state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the state board determines, after adequate notice and in a public hearing and after receiving input from any charter schools authorized by the local board of education, that the local board can show a recent pattern of providing fair and equitable treatment to its charter schools through the local board's demonstration of:
(I) Full compliance with the provisions of the "Charter Schools Act", part 1 of this article, which includes, at a minimum:
(A) Compliance with full and accurate accounting practices and charges for central administrative overhead costs;
(B) Compliance with sections 22-30.5-112 and 22-30.5-112.1, which permit a charter school to purchase, at its discretion, certain services or a combination of services;
(C) The absence of a school district moratorium regarding charter schools or the absence of any district-wide charter school enrollment limits; and
(D) Compliance with valid orders of the state board; and
(II) Any combination of the following:
(A) The distribution to charter schools authorized by the local board of a pro rata share of mill levy overrides, except for any mill levied for a particular purpose that by its express terms is intended to benefit a grade, a program, or a school and, as a result, is not available to be offered to any charter school that did not participate in the mill levy proceeds;
(B) The provision of assistance to charter schools to meet their facilities needs, by including those needs in local bond issues or otherwise providing available land and facilities that are comparable to those provided to other public school students in the same grade levels within the school district;
(C) The distribution to charter schools authorized by the local board of a pro rata share of federal and state grants received by the school district, except for any grant received for a particular purpose that by its express terms is intended to benefit a student population not able to be served by, or a program not able to be offered at, a charter school which did not receive a proportionate share of such grant proceeds;
(D) The provision of adequate staff and other resources to serve charter schools authorized by the local board, which services are provided by the school district at a cost to the charter schools that does not exceed their actual cost to the school district, or, in the case of federally required educational services, the amount specified in section 22-30.5-112 (2)(a.8);
(E) The lack of a policy or practice of imposing individual charter school enrollment limits, except as otherwise provided in article 36 of this title; or
(F) The provision of an adequate number of educational choice programs to serve students exercising their rights to transfer pursuant to the "No Child Left Behind Act of 2001", Public Law 107-110, and a history of charter school approval that encourages programs that serve at-risk student populations.
(b) Notwithstanding any other provision of this subsection (5) to the contrary, the state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the local board certifies that:
(I) The total pupil enrollment of the school district is less than three thousand pupils.
(II) (Deleted by amendment, L. 2008, p. 487, § 2, effective April 17, 2008.)
s subsection (5) to the contrary, the state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the local board certifies that:
(I) The total pupil enrollment of the school district is less than three thousand pupils.
(II) (Deleted by amendment, L. 2008, p. 487, § 2, effective April 17, 2008.)
(c) Notwithstanding any other provision of this subsection (5), the state board shall not deny exclusive authority to a local board of education based upon a school district moratorium regarding charter schools that was in existence prior to July 1, 2004, but was repealed on or before October 1, 2004.
(d) If the state board denies the exclusive authority of a local board of education to authorize charter schools within the geographic boundaries of the school district, the local board may reapply to retain or recover exclusive authority as provided in subsection (4) of this section as soon as the local board determines it has resolved the issue that was the basis for the denial.
(6) For local boards of education that have no discernable history of considering charter school applications or authorizing charter schools, the state board shall grant exclusive authority if the local board demonstrates its compliance with the provisions of sub-subparagraphs (C) and (D) of subparagraph (I) of paragraph (a) of subsection (5) of this section and presents to the state board a plan to implement a combination of the authorizing practices described in paragraph (a) of subsection (5) of this section.
(7) A grant of exclusive authority by the state board shall continue so long as a local board of education continues to comply with the provisions of subsection (5) of this section, and the local board need not reapply; except that a local board of education that retains exclusive authority pursuant to paragraph (b) of subsection (5) of this section shall reapply for exclusive authority if the criteria specified in said paragraph (b) no longer apply to the school district.
(7.5) (a) A charter school, a charter school applicant, or an organization that represents charter schools may request revocation of a local board of education's exclusive authority to authorize charter schools within the geographic boundaries of the school district by filing a request for revocation with the state board. A charter school may request revocation of the exclusive authority only of its chartering local board. A charter applicant may request revocation of the exclusive authority only of a local board of education to which it may apply for a charter.
(b) A charter school, a charter school applicant, or an organization that represents charter schools may request revocation of a local board of education's exclusive authority only on the grounds that the local board, since the date that the local board received exclusive authority, has demonstrated a pattern of failing to comply with one or more of the provisions of paragraph (a) of subsection (5) of this section. A charter school, a charter school applicant, or an organization that represents charter schools may not request revocation of a local board of education's exclusive authority solely on the basis of:
(I) The local board's refusal of a charter application; or
(II) An action by the local board that a charter school or a charter school applicant may appeal to the state board pursuant to section 22-30.5-108, unless the action would otherwise constitute grounds for denial or revocation of exclusive authority.
t revocation of a local board of education's exclusive authority solely on the basis of:
(I) The local board's refusal of a charter application; or
(II) An action by the local board that a charter school or a charter school applicant may appeal to the state board pursuant to section 22-30.5-108, unless the action would otherwise constitute grounds for denial or revocation of exclusive authority.
(c) To request revocation of a local board of education's exclusive authority, a charter school, a charter school applicant, or an organization that represents charter schools shall file a notice of request for revocation with the state board, accompanied by a specific written description, with supporting documentation, of the basis for the request. The requesting party, at the time of filing the notice with the state board, shall provide a copy of the notice of request for revocation and the basis for the request, with the supporting documentation, to the affected local board of education. The state board shall permit the local board the opportunity to appear at a public hearing and respond in writing to the request for revocation and shall permit the requesting party the opportunity at the public hearing to rebut any arguments made by the local board. If the local board intends to respond to the request for revocation, it shall submit a copy of its response in writing, with supporting documentation, to the requesting party and the state board at least fifteen days prior to the public hearing. The state board shall determine whether to grant or deny the request for revocation, based on the criteria for granting exclusive authority specified in subsections (5) and (6) of this section, within sixty days after receiving the notice. If the state board revokes the local board of education's exclusive authority to authorize charter schools within the geographic boundaries of the school district, it shall provide a written explanation of the basis for the revocation.
(d) If the state board revokes a local board of education's exclusive authority, the local board may apply to recover the grant of exclusive authority as provided in subsection (4) of this section as soon as the local board determines it has resolved the issue that was the basis for the revocation. The state board shall consider the local board of education's application and either grant or deny the local board exclusive authority as provided in subsection (5) of this section.
(8) Notwithstanding any other provision of this section to the contrary, a local board of education may permit the establishment of one or more institute charter schools within the geographic boundaries of the school district by adopting a favorable resolution and submitting the resolution to the state board. An institute charter school that is established with permission granted in a resolution adopted by the local board of the school district in which the institute charter school is located continues to be authorized by and accountable to the institute regardless of later actions by the local board unless the institute charter school voluntarily converts to a district charter school as provided in subsection (10) of this section.
at is established with permission granted in a resolution adopted by the local board of the school district in which the institute charter school is located continues to be authorized by and accountable to the institute regardless of later actions by the local board unless the institute charter school voluntarily converts to a district charter school as provided in subsection (10) of this section.
(9) (a) Notwithstanding any other provision of this section to the contrary, the state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the school district annually certifies to the state board that the total number of students enrolled in charter schools authorized by the school district, or the maximum number of students allowed to be enrolled pursuant to charter school contracts entered into by the school district, whichever is greater, divided by the district pupil enrollment, as defined in section 22-54-103, for that budget year, reflected as a percentage, exceeds by more than three percentage points the percentage of students enrolled in charter schools statewide.
(b) A school district that retains exclusive authority to authorize charter schools pursuant to paragraph (a) of this subsection (9) shall satisfy the requirements of paragraph (a) of subsection (5) of this section.
(10) (a) An institute charter school that is located within the geographic boundaries of a school district that recovers exclusive authority to authorize charter schools, as provided in subsection (4) of this section, or that permitted the establishment of the institute charter school within its geographic boundaries, as provided in subsection (8) of this section, may apply to the board of education of the school district in which it is located to convert to a district charter school. To convert to a district charter school, the institute charter school shall submit an application to the local board of education as if it were applying for a new charter in accordance with the provisions of part 1 of this article.
(b) An application to convert an existing institute charter school to a district charter school shall include evidence that an adequate number of parents, teachers, or pupils, or any combination thereof, supports the conversion of the institute charter school to a district charter school.
(c) A local board of education's approval of an application from an existing institute charter school submitted pursuant to this subsection (10) shall not relieve the institute charter school of any preexisting contractual obligations or relationships, including obligations of the institute charter school to the institute; except that the institute charter school shall no longer be subject to the oversight and control of the institute. The transfer of oversight of an institute charter school from the institute to a school district shall not be deemed a dissolution or other event that empowers or obligates the institute to wind down the institute charter school's affairs or to dispose of the institute charter school's assets.
(d) (I) If an institute charter school converts to a district charter school, the authorizing school district shall calculate the converted school's funding, including at-risk supplemental aid, as it was calculated before the conversion using the formulas specified in section 22-30.5-513; except that this paragraph (d) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).
(II) Repealed.
C.R.S. § 22-30.5-505 State charter school institute - institute board - appointment - powers and duties - rules
22-30.5-505. State charter school institute - institute board - appointment - powers and duties - rules. (1) The institute shall consist of the institute board, appointed pursuant to subsection (2) of this section, and any staff or contract employees hired by the institute board as authorized by law. Any staff hired by the institute board shall be deemed employees subject to the state personnel system of this state as defined in section 13 of article XII of the state constitution and article 50 of title 24, C.R.S.; except that, as a matter of legislative determination, all positions classified by the institute board as professional officers and professional staff of the institute are declared to be educational in nature and exempt from the state personnel system.
(2) (a) The institute board consists of nine members, no more than five of whom are members of the same political party. Seven of the members shall be appointed by the governor, with the consent of the senate, and two of the members shall be appointed by the commissioner. In making the appointments, the governor and the commissioner shall ensure the institute board reflects the geographic diversity of the state and shall ensure that at least one member of the institute board is a parent of a student who is, or who has been, enrolled in an institute charter school. Members appointed to the institute board shall have experience in at least one of the following areas:
(I) Experience as a charter school board member or founder of a charter school;
(II) Experience as a public school administrator with experience working with charter schools;
(III) Financial management expertise;
(IV) Detailed knowledge of charter school law;
(V) Other board or public service experience;
(VI) Experience as a public school teacher;
(VII) Online education and online curriculum development expertise;
(VIII) School district special education expertise; and
(IX) Curriculum and assessment expertise.
(b) The members of the institute board shall serve terms of three years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. A member shall not serve more than six consecutive years.
(c) An institute board member may be removed for any cause that renders the member incapable or unfit to discharge the duties of the office. Whenever a vacancy on the institute board exists, the person making the original appointment shall appoint a member for the remaining portion of the unexpired term created by the vacancy.
(d) During a member's term of office, a member of the institute board shall not be a member of the general assembly; an officer, employee, or board member of a school district; a member of the state board; or an employee of the institute board or the department of education.
(3) The mission of the institute board shall be to foster high-quality public school choices offered through institute charter schools, including particularly schools that are focused on closing the achievement gap for at-risk students. In discharging its duties pursuant to this part 5, the institute shall:
(a) Act as a model of best practices in authorizing charter schools;
(b) Use state and federal systems for ensuring the accountability of each institute charter school in meeting the obligations and goals set forth in its contract and shall adopt and implement policies for accreditation of institute charter schools as described in section 22-11-307;
(c) Measure the academic success of each institute charter school student through longitudinal indices;
(d) Measure the academic success of each institute charter school through performance-based means and not process-based means;
(d.5) Meet at least once each year with the school accountability committees of the institute charter schools to discuss issues concerning accountability and accreditation of institute charter schools;
f each institute charter school student through longitudinal indices;
(d) Measure the academic success of each institute charter school through performance-based means and not process-based means;
(d.5) Meet at least once each year with the school accountability committees of the institute charter schools to discuss issues concerning accountability and accreditation of institute charter schools;
(e) Provide the opportunity for a student enrolled in an institute charter school to develop a plan for academic remediation upon the request of the student's parent or legal guardian; and
(f) Ensure that, in developing and maintaining each student's individual career and academic plan, the counselor or teacher explains to the student's parent or legal guardian, by electronic mail or other written form, and to the student the requirements for and benefits of concurrently enrolling in courses with an institution of higher education pursuant to the "Concurrent Enrollment Programs Act", article 35 of this title 22. Based on a request from the student or the student's parent or legal guardian, the counselor or teacher shall assist the student in course planning to enable the student to concurrently enroll in courses with an institution of higher education.
(3.5) The institute board shall ensure that the names of institute board members and the schedule of, agendas for, and minutes of the meetings and hearings held by the institute board are promptly posted and updated on the state charter school institute's website. The department on its website shall provide a link to the state charter school institute's website.
(4) In addition to any other powers granted by law to the institute board, the institute board has the following powers:
(a) To have and use a corporate seal;
(b) To sue and be sued in its own name;
(c) To incur debts, liabilities, and obligations, subject to any limitations imposed thereon pursuant to law;
(d) To cooperate and contract with the state or federal government or an agency or instrumentality thereof and to apply for and receive grants or financial assistance from any such entities;
(e) To acquire, hold, lease, sell, or otherwise dispose of real or personal property or a commodity or service;
(f) To do or perform an act authorized by this part 5 by means of an agent or by contract with a person, firm, or corporation;
(g) To provide for the necessary expenses of the institute board in the exercise of its powers and the performance of its duties and to reimburse a board member for necessary expenses incurred in the performance of the board member's duties;
(h) To provide for the proper keeping of accounts and records and for budgeting of funds;
(i) To act as a public entity for purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.;
(j) To exercise the same powers retained by boards of cooperative services that are described in section 22-5-108;
(k) To promulgate rules in accordance with article 4 of title 24 for the administration of this part 5;
(l) To award grants from the institute charter school assistance fund as provided in section 22-30.5-515.5; and
lorado Governmental Immunity Act", article 10 of title 24, C.R.S.;
(j) To exercise the same powers retained by boards of cooperative services that are described in section 22-5-108;
(k) To promulgate rules in accordance with article 4 of title 24 for the administration of this part 5;
(l) To award grants from the institute charter school assistance fund as provided in section 22-30.5-515.5; and
(m) To enter into an agreement with a district charter school as provided in section 22-30.5-105.3 to allow the district charter school to participate in the administrative unit of the state charter school institute to provide services pursuant to article 20 of this title 22.
(5) No later than ninety days after the date the institute commences operations, as described in section 22-30.5-506 (2)(a), the institute board shall promulgate rules that set forth the procedures for the acceptance of institute charter school applications and the criteria for authorizing institute charter schools pursuant to this part 5.
(6) (a) The institute may contract with boards of cooperative services created pursuant to article 5 of this title, or with any other qualified individual or public or private entity or organization, including a school district, for the provision of administrative or other support services directly to the institute or for the benefit of institute charter schools.
(b) This part 5 shall not be construed to require the institute to provide services to an institute charter school, to require an institute charter school to purchase services from the institute, nor to prohibit an institute charter school from purchasing education-related services from any sources available, including a school district.
(7) The institute shall ensure that each institute charter school complies with the provisions of articles 7 and 11 of this title. Each institute charter school shall be responsible for gathering and submitting to the institute the data necessary to prepare a school performance report required by section 22-11-503 for the institute charter school.
(8) The institute shall ensure that each institute charter school adopts content standards as required in section 22-7-1013.
(9) The institute shall ensure that each institute charter school addresses the expulsion, suspension, and education of expelled or suspended students in a manner consistent with the intents and purposes of sections 22-33-105, 22-33-106, 22-33-106.1, and 22-33-203.
(10) The institute may issue requests for proposals to solicit applications for an institute charter school to serve at-risk students.
(11) The institute shall annually review each institute charter school's accomplishment of the goals described in section 22-30.5-509.
(12) (a) The institute shall collect from each institute charter school authorized on or after July 1, 2010, the data specified in paragraph (b) of this subsection (12) for the institute charter school's first academic year of operation. At a minimum, the institute shall require the institute charter school to submit the collected data by August 1 of the institute charter school's first academic year of operation and to update the information, if necessary, by the following May 1. Upon receipt of a request from a school district, the institute shall provide a copy of the collected data to the school district.
ic year of operation. At a minimum, the institute shall require the institute charter school to submit the collected data by August 1 of the institute charter school's first academic year of operation and to update the information, if necessary, by the following May 1. Upon receipt of a request from a school district, the institute shall provide a copy of the collected data to the school district.
(b) The data collected pursuant to this subsection (12) shall include, at a minimum:
(I) The projected aggregate number of students enrolling in the institute charter school for the academic year who were enrolled in schools of the school district for the preceding academic year; and
(II) For each student included in subparagraph (I) of this paragraph (b), to the extent known:
(A) The name of the school in which the student was enrolled in the preceding academic year; and
(B) The name of the institute charter school and the grade in which the student is enrolled for the academic year.
(13) Pursuant to section 22-30.5-517, the institute shall adopt and implement a policy that regulates the sale of beverages to students at an institute charter school.
(14) If an institute charter school requests in writing that the institute provide food services pursuant to a contract with the institute charter school that includes certain terms specified by the institute charter school, the institute may attempt to negotiate the terms of the contract with the institute charter school. If the institute and the institute charter school attempt to negotiate contract terms that are mutually satisfactory, and the negotiations fail to produce such mutually satisfactory terms, the institute shall:
(a) Agree to provide food services to the institute charter school according to the terms requested by the institute charter school; or
(b) Allow the institute charter school to transfer the maintenance, supervision, and operation of the institute charter school's food-service facility from the institute to a school food authority.
(15) Pursuant to section 22-30.5-518, the institute shall adopt and implement a policy for the management of food allergies and anaphylaxis among students enrolled in institute charter schools.
(16) Pursuant to section 22-30.5-519, the institute shall annually provide to parents and legal guardians the standardized immunization document developed by the department of public health and environment pursuant to section 25-4-902 (4), C.R.S.
(17) Repealed.
(18) The institute shall ensure that each institute charter school, working with its school accountability committee, adopts and implements a policy concerning physical activity for students enrolled in the institute charter school, which policy meets the requirements specified in section 22-32-136.5.
(19) (a) Pursuant to section 22-30.5-521, on or before October 1, 2011, the institute shall adopt and implement a policy concerning bullying prevention and education. The policy, at a minimum, shall set forth appropriate disciplinary consequences for students who bully other students and for any person who takes any retaliatory action against a student who reports in good faith an incident of bullying, which consequences shall comply with all applicable state and federal laws.
tute shall adopt and implement a policy concerning bullying prevention and education. The policy, at a minimum, shall set forth appropriate disciplinary consequences for students who bully other students and for any person who takes any retaliatory action against a student who reports in good faith an incident of bullying, which consequences shall comply with all applicable state and federal laws.
(b) The institute is encouraged to include in the policy it adopts and implements pursuant to paragraph (a) of this subsection (19) the biennial administration of surveys of students' impressions of the severity of bullying in their schools, as described in section 22-93-104 (1)(c); character building; and the designation of a team of persons at each institute charter school who advise the school administration concerning the severity and frequency of bullying incidents that occur in the school, which team may include, but need not be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health professionals, counselors, teachers, administrators, parents, and students.
(20) The institute shall annually distribute to each institute charter school informational materials received from the department of education pursuant to section 22-2-112 (1)(t) relating to federal student loan repayment programs and student loan forgiveness programs.
(21) (a) An institute charter school that is part of a charter school network or a member of a charter school collaborative, which network or collaborative is authorized as an administrative unit pursuant to section 22-20-106, shall notify the institute of its intent to participate in the administrative unit of the network or collaborative with which the institute charter school is affiliated. The institute charter school and the institute shall amend the institute charter contract, pursuant to this section, as necessary to allow the institute charter school to participate in the alternative administrative unit.
(b) An institute charter school may submit a request to an existing alternative administrative unit that is not the institute to enter into an agreement to participate in the existing alternative administrative unit. An existing alternative administrative unit that is not the institute may enter into an agreement only if the existing alternative administrative unit determines that the institute charter school meets the criteria set forth in section 22-30.5-105.3 (2)(a).
(c) An institute charter school that enters into an agreement with an alternative administrative unit pursuant to subsection (21)(b) of this section shall notify the institute of its intent to participate in the administrative unit of a charter school network or charter school collaborative that is authorized as an administrative unit pursuant to section 22-20-106. The institute charter school and the institute shall amend the institute charter school contract as necessary to allow the institute charter school to participate in the alternative administrative unit.
(d) If the institute objects to amending an institute charter school's contract to allow participation in an alternative administrative unit pursuant to subsection (21)(a) or (21)(b) of this section, the institute shall provide to the institute charter school a written explanation of the grounds for its objection.
the institute charter school to participate in the alternative administrative unit.
(d) If the institute objects to amending an institute charter school's contract to allow participation in an alternative administrative unit pursuant to subsection (21)(a) or (21)(b) of this section, the institute shall provide to the institute charter school a written explanation of the grounds for its objection.
(e) Negotiations to amend the institute charter contract to allow the institute charter school to participate in the alternative administrative unit pursuant to this subsection (21) must not include negotiations regarding terms of the institute charter contract that are not directly impacted by the institute charter school's participation in the alternative administrative unit and must not unilaterally reopen the institute charter school's authorization. The amended contract may include provisions permitting consideration of the institute charter school's special education performance as part of the overall institute charter school performance.
(f) The state charter school institute shall not require an institute charter school to participate in an alternative administrative unit as a condition of approval of its application or approval or renewal of its contract with the state charter school institute.
C.R.S. § 22-30.5-506 State charter school institute fund - created
22-30.5-506. State charter school institute fund - created. (1) The state charter school institute is authorized to receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this part 5, subject to the terms and conditions under which given; except that 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. Any gifts, grants, or donations received pursuant to this subsection (1) shall be transmitted to the state treasurer who shall credit the same to the state charter school institute fund, hereinafter referred to as the "fund", which fund is hereby created in the state treasury. Moneys in the fund are continuously appropriated to the institute, to offset the actual and reasonable costs incurred by the institute in implementing this part 5. All investment earnings derived from the deposit and investment of the moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund or any other fund.
(2) (a) The institute shall not be obligated to commence operations necessary to receive applications, until such time as there is at least fifty thousand dollars in the fund, whether received from gifts, grants, donations, or other sources.
(b) The institute shall not be obligated to commence review of applications actually received, until such time as the balance in the fund reaches at least one hundred fifty thousand dollars, whether received from gifts, grants, donations, or other sources.
(3) The state charter school institute shall create in the fund a school food authority account, and any moneys received by the state charter school institute as a result of its operations as a school food authority shall be credited to the school food authority account. Any moneys credited to the school food authority account are continuously appropriated to the state charter school institute to offset the costs incurred in operating as a school food authority.
(4) (a) The state charter school institute shall create in the fund an account for payment of the institute's administrative overhead costs, as defined in section 22-30.5-513 (1)(h), which account consists solely of moneys retained by the institute from the institute charter schools' adjusted per pupil revenues and per pupil online funding pursuant to section 22-30.5-513 (4)(a)(I.5)(E). Except as otherwise provided in paragraph (b) of this subsection (4), at the end of a budget year, if the amount of unexpended and unencumbered moneys remaining in the account exceeds twenty percent of the amount retained by the institution pursuant to section 22-30.5-513 (4)(a)(I.5)(E) for the applicable budget year, the institute shall transfer the amount of the excess to the institute charter school assistance fund created in section 22-30.5-515.5.
(b) The institute board may adopt a formula to annually adjust the percentage limit on the fund balance specified in paragraph (a) of this subsection (4) by multiplying the total pupil enrollment for institute charter schools in the preceding budget year by a per pupil dollar amount set annually by the institute board in collaboration with a council of institute charter schools.
C.R.S. § 22-30.5-507 Institute charter school - requirements - authority - rules - definitions
22-30.5-507. Institute charter school - requirements - authority - rules - definitions. (1) (a) An institute charter school shall be a public, nonsectarian, nonreligious, non-home-based school that operates pursuant to a charter contract authorized by the state charter school institute.
(b) An institute charter school shall exist as a public school within the state, unaffiliated with a school district. Nothing in this part 5 shall be construed to permit a school district to determine curriculum, policies, procedures, or operations of an institute charter school, including but not limited to compliance with the accountability provisions specified in this title, accreditation contracts, and statewide assessment requirements.
(c) Each institute charter school authorized on or after July 1, 2008, shall include within its name the phrase "state charter school".
(2) An institute charter school shall be:
(a) Subject to the terms of the charter contract entered into with the institute;
(b) Accountable to the institute for purposes of ensuring compliance with applicable laws and charter contract provisions; and
(c) Subject to accreditation by the institute board pursuant to the institute's policy for accrediting the institute charter schools adopted pursuant to section 22-11-307 and section 22-30.5-505 (3)(b). Each institute charter school shall also be subject to annual review by the department pursuant to section 22-11-210.
(3) (a) An institute charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. Enrollment in an institute charter school must be open to any child who resides within the state; except that an institute charter school is not required to make alterations in the structure of the facility used by the institute charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the applicant in the institute charter school application.
(a.5) An institute charter school may give enrollment preference to children with disabilities, as defined in section 22-20-103. Upon approval of the state charter school institute, the institute charter school may develop and implement an enrollment preference plan to increase the enrollment of children with disabilities. In exercising the enrollment preference plan for children with disabilities, an institute charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. An institute charter school may allow a parent to voluntarily provide information regarding whether the parent's child has a disability.
(b) As used in this subsection (3):
(I) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(II) "Race" includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.
(4) (a) An institute charter school shall be administered and governed by a governing body in a manner agreed to and set forth in the charter contract. Effective July 1, 2013, each institute charter school shall organize as a nonprofit corporation pursuant to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law.
ll be administered and governed by a governing body in a manner agreed to and set forth in the charter contract. Effective July 1, 2013, each institute charter school shall organize as a nonprofit corporation pursuant to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law.
(b) An entity that holds a charter authorized pursuant to this part 5 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the institute charter school maintains a governing board that is independent of the education management provider.
(5) In order to clarify the status of institute charter schools for purposes of tax-exempt financing, an institute charter school, as a public school, is a governmental entity. Direct leases and financial obligations of an institute charter school shall not constitute debt or financial obligations of the state or any school district.
(6) Except as otherwise provided in sections 22-20-109 (5), 22-32-115 (1) and (2), and 22-54-109, an institute charter school shall not charge tuition.
(7) (a) Pursuant to the charter contract, an institute charter school may operate free from specified statutes and state board rules. The state board shall promulgate rules that list the automatic waivers for all charter schools, including institute charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school, including an institute charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (7)(a) to the contrary, the state board shall not include the following statutes on the list of automatic waivers:
(I) Section 22-9-106, concerning the performance evaluation system for licensed personnel;
(I.5) Section 22-32-109 (1)(b), concerning procedures for competitive bidding in the purchase of goods and services, except professional services;
(II) Section 22-32-109 (1)(n)(I) and (1)(n)(II)(B), concerning the annual school calendar;
(II.5) Section 22-32-110 (1)(y), concerning the power to accept and expend gifts, donations, or grants; and
(III) Part 2 of article 63 of this title 22, concerning the employment of licensed personnel.
(b) An institute charter school may apply to the state board, through the institute, for a waiver of state statutes and state rules that are not automatic waivers. The state board may waive state statutory requirements or rules promulgated by the state board; except that the state board may not waive any statute or rule relating to:
(I) School accountability committees as described in section 22-11-401;
(II) The assessments required to be administered pursuant to section 22-7-1006.3;
(III) The school performance reports pursuant to part 5 of article 11 of this title;
(IV) The provisions of the "Public School Finance Act of 2025", article 54 of this title 22;
(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 institute charter school employees;
(VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;
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 institute charter school employees;
(VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 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;
(X) 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
(XI) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5.
(c) A waiver of state statute or state board rule made pursuant to this subsection (7) is for the term of the contract for which the waiver is made. A request for a waiver may be submitted to the institute as a part of the application for an institute charter school. If the institute applies to the state board for a waiver on behalf of an institute charter school, the institute is only required to provide a complete copy of the signed charter contract.
(8) (a) An institute charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services, and personnel matters.
(b) An institute charter school may negotiate and contract with a school district, the governing body of a state college or university, a school food authority, a charter school collaborative, a board of cooperative services, another institute charter school, a district charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the institute charter school is required to perform in order to carry out the educational program described in its charter contract. The institute charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b).
(9) An institute charter school is authorized to offer any educational program, including but not limited to an online program or online school pursuant to article 30.7 of this title, that may be offered by a school district, unless expressly prohibited by its charter contract or by state law.
(10) All decisions regarding the planning, siting, and inspection of institute charter school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the institute.
(11) An institute charter school may apply for authorization as a school food authority pursuant to section 22-32-120.
(12) An institute charter school may choose to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program. If an institute charter school applies, alone or with a consortium of charter schools, for a grant, the institute charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request that the state charter school institute act as a fiscal manager for the institute charter school pursuant to section 22-30.5-503 (3.5) for purposes of grant management.
(13) Pursuant to the provisions of section 22-32-110 (1)(jj), an institute charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.
school pursuant to section 22-30.5-503 (3.5) for purposes of grant management.
(13) Pursuant to the provisions of section 22-32-110 (1)(jj), an institute charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.
(14) An institute charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the state charter school institute pursuant to section 22-30.5-505 (20). In addition to annual distribution, an institute charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The institute charter school may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees.
C.R.S. § 22-30.5-508 Institute charter schools - contract contents - regulations
22-30.5-508. Institute charter schools - contract contents - regulations. (1) (a) An approved institute charter school application shall serve as the basis for a charter contract between the institute charter school and the institute.
(b) The institute board may approve an institute charter school application submitted by a nonprofit entity, and the institute may enter into a charter contract directly with the nonprofit entity to operate an institute charter school. The institute board shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the institute shall not enter into a charter contract directly with a for-profit entity to operate an institute charter school.
(2) Repealed.
(3) The charter contract between the institute charter school and the institute shall reflect all requests for release from state statutes and rules made by the institute charter school applicant. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the institute charter school of its decision. If the state board denies the request, it shall notify the institute charter school in writing that the request is denied and specify the reasons for denial. If the institute charter school does not receive notice of the state board's decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or rules, the denial shall specify the state statutes and rules for which the release is denied, and the denial shall apply only to those state statutes and rules so specified.
(4) A material revision of the terms of the charter contract may be made only with the approval of the institute and the governing body of the institute charter school.
(5) Any term included in a charter contract that would require an institute charter school to waive or otherwise forgo receipt of any amount of operational or capital construction funds provided to the institute charter school pursuant to the provisions of this part 5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit any institute charter school from contracting with the institute for the purchase of services, including but not limited to the purchase of educational services.
(6) An institute charter school that provides a half-day kindergarten educational program before the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the institute board of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The institute charter school and the institute board shall amend the charter contract as necessary to allow for the program expansion. If the institute board objects to the program expansion, the institute board shall provide to the institute charter school a written explanation of the grounds for its objection. If the institute charter school and the institute board cannot agree on an amendment to the charter contract for the program expansion, the institute charter school may submit to the state board a notice of appeal, stating the grounds for the appeal. Within sixty days after receiving the notice of appeal and after reasonable public notice, the state board shall review the decision of the institute to deny the program expansion and determine whether the decision was arbitrary and capricious. The state board shall remand the matter to the institute with instructions to approve or deny the program expansion
al, stating the grounds for the appeal. Within sixty days after receiving the notice of appeal and after reasonable public notice, the state board shall review the decision of the institute to deny the program expansion and determine whether the decision was arbitrary and capricious. The state board shall remand the matter to the institute with instructions to approve or deny the program expansion. The decision of the state board shall be final and not subject to appeal.
C.R.S. § 22-30.5-509 Institute charter school application - contents
22-30.5-509. Institute charter school application - contents. (1) The institute charter school application is a proposed agreement upon which the institute charter applicant and the institute negotiate a charter contract. At a minimum, each institute charter school application includes:
(a) An executive summary that outlines the elements of the application and provides an overview of the proposed institute charter school;
(b) The vision and mission statements of the proposed institute charter school;
(c) The goals, objectives, and student performance standards the proposed institute charter school expects to achieve, including but not limited to the performance indicators specified in section 22-11-204 and applicable standards and goals specified in federal law;
(d) Evidence that an adequate number of parents and pupils support the formation of an institute charter school;
(e) Descriptions of the proposed institute charter school's educational program, student performance standards, and curriculum;
(f) A plan for evaluating student performance across the curriculum, which plan aligns with the proposed institute charter school's mission and educational objectives and provides a description of the proposed institute charter school's measurable annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204 and procedures for taking corrective action if student performance at the school falls below the described targets;
(g) Evidence that the plan for the proposed institute charter school is economically sound, including a proposed budget for a term of at least five years. The institute charter application shall also describe the method for obtaining an independent annual audit of the proposed institute charter school's financial statements consistent with generally accepted auditing standards and circular A-133 of the United States office of management and budget, as originally published in the federal register of June 30, 1997, and as subsequently amended.
(h) A description of the governance and operation of the proposed institute charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the proposed institute charter school, that is consistent with the standards adopted by rule of the state board pursuant to section 22-2-106 (1)(h);
(i) An explanation of the relationship that will exist between the proposed institute charter school and its employees and the proposed institute charter school's employment policies;
(j) A proposal regarding the parties' respective legal liabilities and applicable insurance coverage, which insurance coverage shall include, at a minimum, workers' compensation, liability insurance, and insurance for the proposed institute charter school's facility and its contents;
(k) The proposed institute charter school's expectations and plans for ongoing parent and community involvement;
(l) A description of the proposed institute charter school's enrollment policy, consistent with the requirements of section 22-30.5-507 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;
s facility and its contents;
(k) The proposed institute charter school's expectations and plans for ongoing parent and community involvement;
(l) A description of the proposed institute charter school's enrollment policy, consistent with the requirements of section 22-30.5-507 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;
(m) A statement of whether the proposed institute charter school plans to address the transportation or food service needs of its students while they are attending the school. The proposed institute charter school may choose not to provide transportation or food services, may choose to develop or form a charter school collaborative as described in section 22-30.5-603 to provide transportation or food services, or may choose to negotiate with a school district, board of cooperative services, or private provider to provide transportation or food services for its students. If the proposed institute charter school chooses to provide transportation or food services, the application shall include a plan for each provided service, which plan, at a minimum, shall specifically address serving the needs of low-income and academically low-achieving students, complying with insurance and liability issues, and complying with any applicable state or federal rules or regulations.
(n) A facilities plan that details viable facilities options that are consistent with section 22-32-124 and that includes the reasonable costs of the facility, which are reflected in the proposed budget;
(o) A list of the waivers of statute and state rules that the proposed institute charter school is requesting. For each requested waiver of a statute or state rule that is not an automatic waiver, the institute charter school application must state the rationale for each requested waiver and the manner in which the proposed institute charter school plans to meet the intent of the waived statute or rule.
(p) Policies regarding student discipline, expulsion, and suspension that are consistent with the intent and purpose of sections 22-33-106 and 22-33-106.1, provide adequately for the safety of students and staff, and provide a level of due process for students that, at a minimum, complies with the requirements of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.;
(q) A plan for serving students with special needs, including budget and staff requirements, which plan shall include identifying and meeting the learning needs of at-risk students, students with disabilities, gifted and talented students, and English language learners;
(r) A dispute resolution process, as provided in section 22-30.5-107.5; and
(s) If the proposed institute charter school intends to contract with an education management provider:
(I) A summary of the performance data for all of the schools the education management provider is managing at the time of the application or has managed previously, including documentation of academic achievement and school management success;
(II) An explanation of and evidence demonstrating the education management provider's capacity for successful expansion while maintaining quality in the schools it is managing;
(III) An explanation of any existing or potential conflicts of interest between the governing board of the proposed institute charter school and the education management provider; and
(IV) A copy of the actual or proposed performance contract between the governing board for the proposed institute charter school and the education management provider that specifies, at a minimum, the following material terms:
(A) Performance evaluation measures;
(B) The methods of contract oversight and enforcement that the governing board will apply;
(C) The compensation structure and all fees that the proposed institute charter school will pay to the education management provider; and
proposed institute charter school and the education management provider that specifies, at a minimum, the following material terms:
(A) Performance evaluation measures;
(B) The methods of contract oversight and enforcement that the governing board will apply;
(C) The compensation structure and all fees that the proposed institute charter school will pay to the education management provider; and
(D) The conditions for contract renewal and termination.
C.R.S. § 22-30.5-510 Institute charter school application - process - rule-making
22-30.5-510. Institute charter school application - process - rule-making. (1) (a) Except as otherwise provided in section 22-30.5-506 (2), the institute shall receive and review all applications for institute charter schools. An application for an institute charter school may be submitted by one or more individuals, by a nonprofit, governmental, or other entity or organization, or by an existing charter school authorized by a district. An entity applying for an institute charter school shall file an application with the institute by a date determined by rule of the institute board to be eligible for consideration for the following school year. An application is considered filed when the institute receives the institute charter application from the institute charter applicant either in hard copy or electronically. Prior to any change in the application deadline, the institute shall notify each known institute charter school applicant of the proposed change by certified letter. Within fifteen days after receiving an institute charter school application, the institute shall determine whether the application contains the minimum components specified in section 22-30.5-509 (1) and is therefore complete. If the application is not complete, the institute shall notify the applicant within the fifteen-day period and provide a list of the information required to complete the institute charter application. The applicant has fifteen days after the date it receives the notice to provide the required information to the institute for review. The institute is not required to take action on the institute charter application if the applicant does not provide the required information within the fifteen-day period. The institute may request additional information during the review period and provide reasonable time for the applicant to respond. The institute may, but is not required to, accept any additional information the applicant provides that the institute does not request.
(a.3) An application to convert an existing charter school authorized by a school district to an institute charter school shall include evidence that an adequate number of parents, teachers, or pupils or any combination thereof support the conversion to an institute charter school.
(a.5) The institute's approval of an application from an existing charter school shall not relieve the charter school of any preexisting contractual obligations or relationships, including obligations of the charter school to the school district that oversees the charter school; except that the charter school shall no longer be subject to the oversight and control of the school district. The transfer of oversight of a charter school from a school district to the institute shall not be deemed a dissolution or other event that empowers or obligates the school district to wind down the charter school's affairs or to dispose of the charter school's assets.
(a.7) (I) If a district charter school converts to an institute charter school, the institute shall calculate the converted school's funding as it was calculated before the conversion using the applicable formulas specified in part 1 of this article; except that this paragraph (a.7) does not apply if the converted school was authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV), before the conversion.
(II) Repealed.
stitute charter school, the institute shall calculate the converted school's funding as it was calculated before the conversion using the applicable formulas specified in part 1 of this article; except that this paragraph (a.7) does not apply if the converted school was authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV), before the conversion.
(II) Repealed.
(b) The institute board shall set forth by rule all necessary procedures for the application process and for application review by the institute and the institute board. The rules shall describe a rigorous review of the application that includes, but is not necessarily limited to, the following key evaluative areas involving the institute charter school:
(I) The number of at-risk students that the institute charter school anticipates serving, both as an absolute number and as a percentage of the entire student body expected to enroll at the institute charter school;
(II) Curriculum and instructional program;
(III) Nonacademic program characteristics;
(IV) Financial viability;
(V) Appropriate governance model and proposed practices;
(VI) Appropriate, consistent, clear, and measurable accountability systems;
(VII) The extent to which the instructional program fits the mission statement of the institute charter school;
(VIII) Whether the institute charter school will provide an educational option that substantially differs from the educational opportunities provided by existing schools of the school district that have capacity to accommodate additional students;
(IX) The institute charter school's plan for outreach and recruitment of students whose race, gender, and ethnicity reflect the demographics of the community that the institute charter school intends to serve; and
(X) The institute charter school's plan for identifying and reducing the academic achievement gaps among its student population.
(c) The rules described in paragraph (b) of this subsection (1) shall require the applicant to provide written notification of the application to the school district board of education and the school district accountability committee of the school district in which the proposed institute charter school is to be located. The rules shall permit the board of education and the accountability committee to submit to the institute written comments concerning the institute charter school application.
(d) When the institute determines that it has received a complete application for an institute charter school, the institute shall send notice to the local board of education and the school district accountability committee for the school district in which the proposed institute charter school is to be located. At a minimum, the notice shall include the following information:
(I) The schedule by which the institute will review the application and determine whether to authorize the institute charter school;
(II) The dates and locations of meetings at which the institute will consider the application, including at least one meeting within the school district;
(III) Instructions specifying how the local board may request information from the institute regarding:
(A) The location of the proposed institute charter school, if known; and
(B) Enrollment projections for the proposed institute charter school, including the projected number of at-risk students; and
(IV) An invitation to the local board of education to send comments to the institute regarding the school district's concerns with any portion of the application, including any comments concerning whether the proposed new institute charter school substantially differs from existing educational options within the school district that have the capacity to accommodate additional students.
dents; and
(IV) An invitation to the local board of education to send comments to the institute regarding the school district's concerns with any portion of the application, including any comments concerning whether the proposed new institute charter school substantially differs from existing educational options within the school district that have the capacity to accommodate additional students.
(2) (a) Prior to ruling on the application for an institute charter school, one or more representatives of the institute board shall hold a public meeting in the school district in which the institute charter school would be located. At the meeting, the representatives of the institute board, at a minimum, shall take public testimony regarding whether to approve or disapprove the application for an institute charter school.
(b) The institute board shall rule by resolution on the application for an institute charter school in a public hearing, following reasonable public notice, within ninety days after receiving the application filed pursuant to subsection (1) of this section. At the public hearing, prior to adopting the resolution, the institute board shall make available to persons in attendance at the hearing a written summary of the testimony received at the meeting held pursuant to paragraph (a) of this subsection (2) and, on the record, shall consider the testimony and its application to the institute board's decision.
(c) All negotiations between the institute charter school and the institute on the charter contract shall be concluded, and all terms of the charter contract agreed upon, no later than forty-five days after the institute board approves the application for an institute charter school.
(3) The institute charter school applicant and the institute may jointly waive the deadlines set forth in this section.
(4) If the institute denies an institute charter school application, it shall state its reasons for the denial. Within thirty days after the denial, the entity that submitted the institute charter school application may submit to the state board a notice of appeal, stating the grounds for the appeal.
(5) Within sixty days after receipt of a notice of appeal by the state board and after reasonable public notice, the state board shall review the decision of the institute and determine whether the decision was arbitrary and capricious. The state board shall remand the matter to the institute with instructions to approve or deny the institute charter school application. The decision of the state board shall be final and not subject to appeal.
C.R.S. § 22-30.5-511 Institute charter schools - term - renewal of contract - grounds for nonrenewal or revocation - appeal
22-30.5-511. Institute charter schools - term - renewal of contract - grounds for nonrenewal or revocation - appeal. (1) (a) The institute may approve a new charter contract for an institute charter school for a period of four academic years, and the institute may renew the charter contract for succeeding periods not to exceed five academic years.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1) to the contrary, an institute charter school and the institute may agree to extend the length of the charter contract beyond five academic years for the purpose of enhancing the terms of any lease or financial obligation.
(2) During the term of a charter contract, the institute shall annually review the institute charter school's performance. At a minimum, the review includes the institute charter school's progress in meeting the objectives identified in the plan the institute charter school is required to implement pursuant to section 22-11-210 and the results of the institute charter school's most recent annual financial audit. The institute shall provide to the institute charter school written feedback from the review and shall include the results of the institute charter school's annual review in the body of evidence that the institute board takes into account in deciding whether to renew or revoke the charter contract and that supports the renegotiation of the charter contract.
(2.5) The institute shall adopt and revise as necessary procedures and timelines for the charter-renewal process, which procedures and timelines are in conformance with the requirements of this part 5. The institute shall ensure that each of the institute charter schools receives a copy of the institute's charter renewal procedures and timelines and any revisions to the procedures and timelines.
(3) The institute board may revoke or deny renewal of a charter contract if the institute board determines that the institute charter school did any of the following:
(a) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter contract of the institute charter school;
(b) Failed to meet or make adequate progress toward achievement of the content standards, pupil performance standards, or targets for the measures used to determine the levels of attainment of the performance indicators identified in the charter contract of the institute charter school;
(c) Was required to adopt a turnaround plan and the state board recommended pursuant to section 22-11-210 that the institute charter school be restructured;
(d) Failed to meet generally accepted standards of fiscal management; or
(e) Violated any provision of law from which the institute charter school was not specifically exempted.
(4) In addition, the institute board may deny renewal of a charter contract upon a determination by the institute board that it is not in the best interests of the pupils attending the institute charter school to continue the operation of the institute charter school.
(4.5) If an institute charter school is required to implement a turnaround plan pursuant to section 22-11-210 (2) for a second consecutive school year, the institute charter school shall present to the institute board, in addition to the turnaround plan, a summary of the changes made by the institute charter school to improve its performance, the progress made in implementing the changes, and evidence, as requested by the institute board, that the institute charter school is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the institute board finds that the institute charter school's evidence of improvement is not sufficient or if the institute charter school is required to implement a turnaround plan for a third consecutive school year, the institute board may revoke the school's charter contract.
school is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the institute board finds that the institute charter school's evidence of improvement is not sufficient or if the institute charter school is required to implement a turnaround plan for a third consecutive school year, the institute board may revoke the school's charter contract.
(5) (a) At least fifteen days prior to the date on which the institute board will consider whether to revoke or renew a charter contract, the institute shall provide to the institute board and the institute charter school a written recommendation, including the reasons supporting the recommendation, concerning whether to revoke or renew the charter contract.
(b) If the institute board revokes or denies renewal of a charter contract of an institute charter school, the institute board shall state its reasons for the revocation or denial.
(6) (a) The state board, upon receipt of a notice of appeal or upon its own motion, may review decisions of the institute board concerning the revocation or nonrenewal of an institute charter school's charter contract. An institute charter school or any other person who wishes to appeal a decision of the institute board concerning the revocation or nonrenewal of a charter contract shall provide the state board and the institute board with a notice of appeal within thirty days after the institute board's decision. The person bringing the appeal shall limit the grounds of the appeal to the grounds for the revocation or the nonrenewal of the charter contract specified by the institute board. The notice shall include a brief statement of the reasons the person contends the institute board's revocation or nonrenewal of the charter contract was in error.
(b) Within sixty days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which may be held in the school district in which the institute charter school is located, shall review the decision of the institute board and make its findings. If the state board finds that the institute board's decision was contrary to the best interests of the pupils attending the institute charter school, the state board shall remand such final decision to the institute board with instructions to renew or reinstate the charter contract of the institute charter school. The decision of the state board shall be final and not subject to appeal.
(7) The institute shall adopt procedures for closing an institute charter school following revocation or nonrenewal of the institute charter school's charter contract. At a minimum, the procedures shall ensure that:
(a) When practicable and in the best interest of the students of the institute charter school, the institute charter school continues to operate through the end of the school year. If the institute determines it is necessary to close the institute charter school prior to the end of the school year, the institute shall work with the institute charter school to determine an earlier closure date.
(b) The institute works with the parents of the students who are enrolled in the institute charter school when the charter contract is revoked or not renewed to ensure that the students are enrolled in schools that meet their educational needs; and
(c) The institute charter school meets its financial, legal, and reporting obligations during the period that the institute charter school is concluding operations.
(8) Notwithstanding any provision of this section to the contrary, on and after September 1, 2012, the institute shall not renew a charter contract to which a for-profit entity is a party.
C.R.S. § 22-30.5-511.3 Nonrenewal or revocation - qualified charter school - exceptions
22-30.5-511.3. Nonrenewal or revocation - qualified charter school - exceptions. (1) Notwithstanding the provisions of section 22-30.5-511, the provisions of this section shall apply if:
(a) The institute board determines that the charter of a qualified charter school, as defined in section 22-30.5-408 (1)(c), will be revoked or will not be renewed; and
(b) The qualified charter school has financed capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., pursuant to section 22-30.5-407.
(2) (a) If the institute board makes a determination to revoke or not renew the charter of a qualified charter school and subsection (1) of this section applies, the institute board shall notify the state treasurer and the commissioner of education immediately upon such determination. Upon receipt of such notice, the commissioner shall suspend the revocation or nonrenewal of the charter until such time as the state treasurer, the commissioner, and the Colorado educational and cultural facilities authority determine, with the institute board and the qualified charter school, whether an alternative exists to such revocation or nonrenewal of the charter.
(b) The institute board shall not be required to suspend a revocation or nonrenewal of a charter pursuant to paragraph (a) of this subsection (2) for more than one hundred twenty days after the date that the commissioner of education and the state treasurer received notice of the determination to revoke or not renew the charter pursuant to paragraph (a) of this subsection (2) or sixty days after the action of the state board pursuant to section 22-30.5-511 (5)(b)(II), whichever is later.
(3) The state treasurer, commissioner of education, institute board, charter school, and Colorado educational and cultural facilities authority may pursue the following:
(a) The conversion of the qualified charter school from an institute charter school to a school of the accounting district of the institute charter school, as defined in section 22-30.5-513 (1)(a);
(b) The reorganization of the qualified charter school and application to the institute board or the local board of education of the accounting district for approval as a charter school with the condition that the newly approved charter school will assume the bond obligations of the former qualified charter school pursuant to section 22-30.5-407; or
(c) Any other alternative deemed feasible by the state treasurer, the commissioner of education, the Colorado educational and cultural facilities authority, the institute board, and the qualified charter school.
(4) Nothing in this section shall be construed to prevent the institute board from revoking or not renewing the charter of a qualified charter school pursuant to section 22-30.5-511.
C.R.S. § 22-30.5-511.5 Background investigation - prohibition against employing persons - institute charter school employees' information provided to department
22-30.5-511.5. Background investigation - prohibition against employing persons - institute charter school employees' information provided to department. (1) An institute charter school shall conduct a background investigation, including a fingerprint-based criminal history record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7, of an applicant to whom an offer of employment is extended by the institute charter school to determine whether the applicant is suitable to work in an environment with children. An applicant who applies for a position of employment with an institute charter school shall submit to a background investigation, including a fingerprint-based criminal history record check, and, as necessary, a name-based judicial record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7.
(2) When an institute charter school finds good cause to believe that a person employed by the institute charter school has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction subsequent to such employment, the institute charter school shall require the person to submit to the institute charter school a complete set of the person's fingerprints for a fingerprint-based criminal history record check and, as necessary, a name-based judicial record check, as described in section 22-30.5-110.7 (6).
(2.5) An employee or an applicant for employment with an institute charter school is disqualified from employment if the results of a fingerprint-based criminal history record check or a name-based judicial record check completed on or after August 10, 2011, disclose a conviction for an offense described in section 22-32-109.8 (6.5). Nothing in this section or in section 22-32-109.8 creates for a person a property right in or entitlement to employment or continued employment with an institute charter school or impairs an institute charter school's right to terminate employment for a nondiscriminatory reason.
(3) Each institute charter school shall comply with the reporting requirements specified in section 22-30.5-110.5.
C.R.S. § 22-30.5-512 Institute charter schools - employee retirement funds
22-30.5-512. Institute charter schools - employee retirement funds. A local board of education shall determine by policy or by negotiated agreement, if one exists, the employment status of school district employees employed by an institute charter school who seek to return to employment with public schools in the school district. Employees of an institute charter school shall be members of the public employees' retirement association. The institute charter school and the employee shall contribute the appropriate respective amounts as required by the funds of such association.
C.R.S. § 22-30.5-513 Institute charter schools - funding - at-risk supplemental aid - legislative declaration - definitions
22-30.5-513. Institute charter schools - funding - at-risk supplemental aid - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Accounting district" means the school district within whose geographic boundaries an institute charter school is physically located.
(b) (I) "Accounting district's adjusted per pupil revenues" means the greater of:
(A) The accounting district's per pupil funding plus the accounting district's at-risk per pupil funding plus the accounting district's English language learner per pupil funding; or
(B) Minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (b) to the contrary, in a budget year in which an accounting district receives minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d), "accounting district's adjusted per pupil revenues" means minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).
(c) "Accounting district's at-risk funding" means the amount of funding for at-risk pupils in the accounting district determined in accordance with the applicable at-risk funding formula described pursuant to article 54 of this title 22.
(d) "Accounting district's at-risk per pupil funding" means the amount of funding determined in accordance with the following formula:
(The accounting district's at-risk funding divided by the accounting district's funded pupil count) x (the institute charter school's percentage of at-risk pupils divided by the accounting district's percentage of at-risk pupils).
(d.2) "Accounting district's English language learner funding" means the amount of funding for English language learner pupils in the accounting district determined in accordance with the applicable English language learner funding formula described pursuant to article 54 of this title 22.
(d.4) "Accounting district's English language learner per pupil funding" means the amount of funding determined in accordance with the following formula:
(The accounting district's English language learner funding divided by the accounting district's funded pupil count) x (the institute charter school's percentage of English language learner pupils divided by the accounting district's percentage of English language learner pupils).
(e) "Accounting district's funded pupil count" means the funded pupil count determined pursuant to article 54 of this title 22.
(f) "Accounting district's per pupil funding" means the per pupil funding calculated for the accounting district pursuant to the formula described in section 22-54-104 (3).
(g) "Accounting district's per pupil online funding" means the online funding formula described pursuant to article 54 of this title 22 for any budget year divided by the online pupil enrollment.
(h) "Administrative overhead costs" means all actual and reasonable costs incurred by the institute as a result of its performance of its obligations pursuant to this part 5. "Administrative overhead costs" shall not include any costs incurred in order to deliver services that an institute charter school may purchase at its discretion.
(i) "At-risk pupils" shall have the same meaning as provided in section 22-54-103 (1.5).
(i.5) "English language learner pupils" has the same meaning as provided in section 22-54-103 (6.5).
(j) "Online pupil enrollment" means:
(I) Repealed.
(II) For the 2008-09 budget year, and for budget years thereafter, the number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and actively participating in a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title by the institute charter school.
(k) "Pupil enrollment" shall have the same meaning as provided in section 22-54-103 (10).
s thereafter, the number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and actively participating in a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title by the institute charter school.
(k) "Pupil enrollment" shall have the same meaning as provided in section 22-54-103 (10).
(l) "Qualified charter school" shall have the same meaning as provided in section 22-54-124 (1)(f.6).
(2) (a) As part of the charter contract, the institute charter school and the institute shall agree on funding and any services to be provided by the institute or by other parties to the institute charter school.
(b) For budget year 2004-05 and budget years thereafter, each institute charter school and the institute shall negotiate funding under the charter contract at a minimum of ninety-five percent of the institute charter school's accounting district's adjusted per pupil revenues for each pupil enrolled in the institute charter school who is not an online pupil and ninety-five percent of the institute charter school's accounting district's per pupil online funding for each online pupil enrolled in the institute charter school. The institute may retain three percent of the accounting district's adjusted per pupil revenues for each pupil, who is not an online pupil, enrolled in the institute charter school and three percent of the accounting district's per pupil online funding for each online pupil enrolled in the institute charter school.
(b.5) For purposes of calculating an institute charter school's funding pursuant to this subsection (2):
(I) If the institute charter school operates a full-day kindergarten educational program, the pupils enrolled in the program are counted as full-day pupils; except that a student enrolled as less than a full-time pupil is counted in accordance with rules promulgated by the state board; and
(II) If the institute charter school operates a half-day kindergarten educational program, the pupils enrolled in the program are counted as half-day pupils and the number of pupils enrolled in the institute charter school must include the supplemental kindergarten enrollment as defined in section 22-54-103 (15).
(c) Each institute charter school shall pay an amount equal to the per pupil cost incurred by the institute in providing federally required educational services, multiplied by the number of students enrolled in the institute charter school. At either party's request, the institute charter school and the institute may negotiate and include in the charter contract alternate arrangements for the provision of and payment for federally required educational services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent of the institute's total budget for providing federally required educational services. The reserve shall only be used by the institute to offset excess costs of providing services to students with disabilities enrolled in any institute charter school.
(d) (I) Within ninety days after the end of each fiscal year, the institute shall provide to each institute charter school an itemized accounting of all the institute's administrative overhead costs.
(II) Within ninety days after the end of each fiscal year, the institute shall provide to each institute charter school an itemized accounting of all the actual costs of any additional services the institute charter school chose at its discretion to purchase as provided in paragraph (b) of subsection (4) of this section. Any difference between the amount initially charged to the institute charter school and the actual cost shall be reconciled and paid to the owed party.
hall provide to each institute charter school an itemized accounting of all the actual costs of any additional services the institute charter school chose at its discretion to purchase as provided in paragraph (b) of subsection (4) of this section. Any difference between the amount initially charged to the institute charter school and the actual cost shall be reconciled and paid to the owed party.
(e) (I) An institute charter school shall not charge the parent of a child enrolled in a kindergarten educational program tuition to attend any portion of the program and shall not charge the parent fees for the child to attend the program other than fees that are routinely charged to the parents of students enrolled in other grades and are applicable to the kindergarten educational program.
(II) Notwithstanding the provisions of subsection (2)(e)(I) of this section to the contrary, if the general assembly amends the "Public School Finance Act of 2025", article 54 of this title 22, to count a student enrolled in kindergarten only as a half-day pupil, with or without the addition of supplemental kindergarten enrollment as defined in section 22-54-103 (15) for purposes of calculating the funded pupil count as determined pursuant to article 54 of this title 22, an institute charter school may charge the student's parents tuition or a fee for the portion of the school day for which it does not receive funding for the student pursuant to the "Public School Finance Act of 2025"; except that the amount of tuition or fee charged must not exceed the amount of tuition or fee that the institute charter school charged to attend a full-day kindergarten educational program for the 2018-19 budget year, adjusted for inflation and prorated by the percentage of the school day for which the student is no longer funded by the "Public School Finance Act of 2025". As used in this subsection (2)(e)(II), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
(3) (a) On or before November 10 of each year, the institute shall certify to the state board each institute charter school's pupil enrollment and online pupil enrollment for that year. In certifying the pupil enrollment of each institute charter school to the state board, the institute shall specify the number of pupils enrolled in half-day kindergarten; the number of pupils enrolled in full-day kindergarten; the number of pupils enrolled in first grade through twelfth grade, specifying those who are enrolled as full-time students and those who are enrolled as less than full-time students; the number of expelled pupils receiving educational services pursuant to section 22-33-203; the number of pupils receiving educational programs under the "Exceptional Children's Educational Act", article 20 of this title; and the number of at-risk pupils. The institute shall also notify the department as to whether each institute charter school is a qualified charter school.
an full-time students; the number of expelled pupils receiving educational services pursuant to section 22-33-203; the number of pupils receiving educational programs under the "Exceptional Children's Educational Act", article 20 of this title; and the number of at-risk pupils. The institute shall also notify the department as to whether each institute charter school is a qualified charter school.
(b) For purposes of the "Public School Finance Act of 2025", article 54 of this title 22, the department shall add the pupils enrolled in an institute charter school to the funded pupil count and the online pupil enrollment of the institute charter school's accounting district.
(4) (a) (I) For each institute charter school, the department shall withhold from the state equalization payments of the institute charter school's accounting district an amount equal to one hundred percent of the accounting district's adjusted per pupil revenues multiplied by the number of pupils enrolled in the institute charter school who are not online pupils plus an amount equal to one hundred percent of the accounting district's per pupil online funding multiplied by the number of online pupils enrolled in the institute charter school. The department shall forward to the institute the amount withheld minus an amount not to exceed one percent of the amount withheld that the department may retain as reimbursement for the reasonable and necessary costs to the department to implement the provisions of this part 5.
(I.5) The institute shall forward to each institute charter school an amount equal to the institute charter school's pupil enrollment multiplied by the accounting district's adjusted per pupil revenues of the institute charter school's accounting district, minus:
(A) The amount withheld not to exceed one percent retained by the department pursuant to subparagraph (I) of this paragraph (a);
(B) Repealed.
(C) Any amount agreed to by the institute and the institute charter school for repayment of a loan to the institute charter school from the institute charter school assistance fund created in section 22-30.5-515.5;
(D) Any amount withheld pursuant to section 22-30.5-406 for the direct payments made by the state treasurer of principal and interest due on bonds issued on behalf of the institute charter school by a governmental entity for the purpose of financing institute charter school capital construction;
(E) An amount equal to three percent of the amount calculated for the institute charter school pursuant to subparagraph (I) of this paragraph (a), which amount shall be credited to the account created pursuant to section 22-30.5-506 (4) and used to offset administrative overhead costs; and
(F) The amount agreed to in the institute charter contract for any additional services, as provided in paragraph (b) of this subsection (4).
(II) Repealed.
(b) As part of the institute charter school contract, the institute charter school and the institute board shall agree on the services, other than necessary administration, oversight, and management services, to be provided to the institute charter school by any third party with which the institute or institute charter school contracts and the costs of the services.
(c) For budget years 2004-05 through 2010-11, the amount of funding specified in paragraph (a) of this subsection (4) shall reflect the one-percent increase in the statewide base per pupil funding for state fiscal years 2001-02 through 2010-11 received by school districts as required by section 17 of article IX of the state constitution.
ute charter school contracts and the costs of the services.
(c) For budget years 2004-05 through 2010-11, the amount of funding specified in paragraph (a) of this subsection (4) shall reflect the one-percent increase in the statewide base per pupil funding for state fiscal years 2001-02 through 2010-11 received by school districts as required by section 17 of article IX of the state constitution.
(d) Repealed.
(4.5) (a) For the 2012-13 budget year and each budget year thereafter, the general assembly shall appropriate to the charter school institute the amount calculated for at-risk supplemental aid pursuant to paragraph (b) of this subsection (4.5) for each institute charter school whose percentage of at-risk pupils is less than the percentage of at-risk pupils in the accounting district. At-risk supplemental aid is additional funding and does not supplant any other funding allocated pursuant to this section. The charter school institute shall pass through one hundred percent of an institute charter school's at-risk supplemental aid to the institute charter school.
(b) The institute charter school's at-risk supplemental aid is equal to one-half of the difference between one hundred percent of the accounting district's per pupil revenues and one hundred percent of the accounting district's adjusted per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program.
(c) For purposes of this subsection (4.5), unless the context otherwise requires, "accounting district's per pupil revenues" has the same meaning as the term "district per pupil revenues" defined in section 22-30.5-112.
(d) If the appropriation to the charter school institute is insufficient to fund one hundred percent of the at-risk supplemental aid calculated pursuant to this subsection (4.5), the charter school institute shall reduce each institute charter school's at-risk supplemental aid proportionately.
(5) (Deleted by amendment, L. 2009, (SB 09-089), ch. 440, p. 2435, § 4, effective June 4, 2009.)
(5.5) (a) Notwithstanding any provision of this section to the contrary, if a district charter school converts to an institute charter school pursuant to section 22-30.5-510, the converted school's per pupil revenues or adjusted per pupil revenues, whichever is applicable, and at-risk supplemental aid continue to be calculated pursuant to section 22-30.5-112 or 22-30.5-112.1, whichever is applicable, and section 22-30.5-112.2, as the funding applied to the converted school before the conversion; except that this subsection (5.5) does not apply if the converted school was authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV), before the conversion.
(b) Repealed.
(6) (a) The governing body of an institute charter school is authorized to accept gifts, donations, or grants of any kind made to the institute charter school and to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant shall be accepted by the governing body if subject to any condition contrary to law or contrary to the terms of the charter contract between the institute charter school and the institute.
s, or grants of any kind made to the institute charter school and to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant shall be accepted by the governing body if subject to any condition contrary to law or contrary to the terms of the charter contract between the institute charter school and the institute.
(b) Moneys received by an institute charter school from any source and remaining in the institute charter school's accounts at the end of a budget year shall remain in the institute charter school's accounts for use by the institute charter school during subsequent budget years and shall not revert to the state. Moneys remaining in the institute charter school's accounts upon revocation or nonrenewal of the charter contract shall revert to the institute; except that any gifts shall be disposed of in accordance with any conditions prescribed by the donor that are not contrary to law.
(7) and (8) Repealed.
(9) (a) For the 2004-05 budget year, and for each budget year thereafter, the proportionate share of moneys generated under federal or state categorical aid programs shall be directed to institute charter schools serving students eligible for such aid.
(b) Each institute charter school that receives federal or state categorical aid shall comply with all applicable federal and state reporting requirements to receive such aid.
(10) (a) On or before December 1, 2009, and on or before December 1 each year thereafter, a representative from the governing board of each institute charter school and the institute board shall meet to review the level of funding received by the institute as a result of the moneys withheld by the institute for the amount of actual costs incurred by the institute in providing necessary administration, oversight, and management services to the institute charter schools. The institute charter school representatives and the institute board shall, at a minimum, review, for each budget year beginning with the 2004-05 budget year, the amount of moneys annually appropriated to the institute, the amount of costs incurred by the institute, and the services provided by the institute.
(b) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 15, 2010, and on or before January 15 each year thereafter, the institute board shall submit to the education committees of the senate and the house of representatives, or any successor committees, the findings of the review described in subsection (10)(a) of this section and any recommendations for legislative changes regarding the operations of the institute.
(c) The provisions of this subsection (10) shall not be interpreted as limiting the authority of the institute or the institute board in making decisions concerning operations of the institute or the use of institute moneys.
(11) (a) For the 2022-23 budget year, the general assembly shall appropriate three hundred seventy-five thousand dollars from the general fund to the institute to distribute to eligible institute charter schools.
(b) As used in this subsection (11), "eligible institute charter school" means an institute charter school, at least fifty percent of the student population of which receives special education services through the administrative unit of the institute.
C.R.S. § 22-30.5-513.1 Mill levy equalization - legislative declaration - definitions
22-30.5-513.1. Mill levy equalization - legislative declaration - definitions. (1) (a) The general assembly finds that school districts receive significant operating revenue from mill levies that are in addition to the school districts' total program mill levy. The general assembly further finds that institute charter schools do not have access to additional revenue from a local property tax mill levy. The general assembly finds, therefore, that it is appropriate to consider additional state equalization funding for institute charter schools.
(b) The general assembly further declares that for purposes of section 17 of article IX of the state constitution, providing institute charter schools additional state equalization funding is appropriate for accountable education reform and institute charter schools may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(2) (a) Repealed.
(a.5) (I) Beginning in the 2024-25 budget year and each budget year thereafter, the general assembly shall appropriate from the general fund or the state education fund to the institute the amount necessary each budget year to fund full mill levy equalization for all institute charter schools for the applicable budget year.
(II) The amount required to fund mill levy equalization for all institute charter schools is determined in accordance with the following formula:
(The accounting district's total additional mill levy revenue / the accounting district's funded pupil count) x Each institute charter school's funded pupil count
(III) As used in this subsection (2)(a.5), unless the context otherwise requires:
(A) "Accounting district's funded pupil count" has the same meaning set forth in section 22-30.5-513 (1)(e).
(B) "Additional mill levy revenue" has the same meaning set forth in section 22-32-108.5 (2)(a).
(b) The institute shall annually distribute the money appropriated for full mill levy equalization pursuant to subsection (2)(a.5)(I) of this section to the institute charter schools on an equal per-pupil basis; except that, in any budget year, an institute charter school must not receive a per pupil amount that is greater than the total amount of additional mill levy revenue, as defined in section 22-32-108.5, that the accounting district for the institute charter school is authorized to collect, divided by the funded pupil count, as determined pursuant to article 54 of this title 22, of the accounting district for the applicable budget year. The money distributed pursuant to this section is in addition to money distributed to institute charter schools pursuant to section 22-30.5-513.
C.R.S. § 22-30.5-514 Institute charter school - capital reserve, risk management, and instructional purposes
22-30.5-514. Institute charter school - capital reserve, risk management, and instructional purposes. (1) For the 2004-05 budget year through the 2008-09 budget year, each institute charter school shall annually allocate the minimum per pupil dollar amount specified in section 22-54-105 (2)(b), multiplied by the number of students enrolled in the institute charter school who are not students enrolled in an online program or online school, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), to a fund created by the institute charter school for capital reserve purposes, as set forth in section 22-45-103 (1)(c) and (1)(e), or solely for the management of risk-related activities, as identified in section 24-10-115, C.R.S., and article 13 of title 29, C.R.S., or among such allowable funds. Said moneys shall be used for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) and may not be expended by the institute charter school for any other purpose. Any moneys remaining in the fund that have not been expended prior to the 2009-10 budget year shall be budgeted for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) in the 2009-10 budget year or any budget year thereafter.
(2) For the 2004-05 budget year through the 2008-09 budget year, each institute charter school shall annually allocate the minimum per pupil dollar amount specified in section 22-54-105 (1)(b), multiplied by the number of students enrolled in the institute charter school who are not students enrolled in an online program or online school, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), to accounts created by the institute charter school for instructional supplies and materials, instructional capital outlays, or other instructional purposes, as set forth in section 22-45-103 (1)(a)(II), or among such accounts. Moneys may be transferred among the three accounts. The moneys in the accounts shall be used for the purposes set forth in section 22-45-103 (1)(a)(II) and may not be expended by the institute charter school for any other purpose. Any moneys in the accounts that are not projected to be expended during a budget year shall be budgeted for the purposes set forth in section 22-45-103 (1)(a)(II) in the next budget year. Nothing in this subsection (2) shall be construed to require that interest on moneys in the accounts be specifically allocated to the accounts. Any moneys remaining in the accounts that have not been expended prior to the 2009-10 budget year shall be budgeted for the purposes set forth in section 22-45-103 (1)(a)(II) in the 2009-10 budget year or any budget year thereafter.
C.R.S. § 22-30.5-515 Institute charter school - additional aid
22-30.5-515. Institute charter school - additional aid. (1) (a) For the 2004-05 budget year and each budget year thereafter, a qualified charter school, as that term is defined in section 22-54-124, that is an institute charter school shall receive state education fund moneys from the department in an amount equal to the percentage of the total qualified charter school pupil enrollment that is attributable to pupils expected to be enrolled in the institute charter school multiplied by the total amount of state education fund moneys distributed for the same budget year pursuant to section 22-54-124 (3).
(b) As used in this subsection (1), "pupils" means pupils other than pupils enrolled in an online program or online school, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), who are enrolled in a qualified charter school.
(2) Funding received pursuant to subsection (1) of this section shall be in addition to any funding provided pursuant to section 22-30.5-513.
(3) The department shall provide funding to each qualified charter school that is an institute charter school by making a monthly payment to the institute as soon as possible after the department receives a monthly payment of state education fund moneys pursuant to section 22-54-124. The institute shall promptly remit the appropriate amount to each eligible institute charter school and shall not withhold any portion of the amount.
(4) An institute charter school shall use moneys it receives pursuant to subsection (1) of this section solely for capital construction, as defined in section 22-54-124 (1)(a).
C.R.S. § 22-30.5-515.5 Institute charter school assistance fund - created - grants - loans - rules
22-30.5-515.5. Institute charter school assistance fund - created - grants - loans - rules. (1) (a) There is created in the state treasury the institute charter school assistance fund, referred to in this section as the "fund", that consists of the moneys transferred to the fund from the state charter school institute fund pursuant to section 22-30.5-506 (4). The moneys in the fund are subject to annual appropriation by the general assembly to the institute for the direct and indirect costs associated with awarding grants and interest-free loans pursuant to this section to assist institute charter schools:
(I) To meet capital construction needs, including but not limited to obtaining financial assistance for capital construction through the "Building Excellent Schools Today Act", article 43.7 of this title, or repaying bonds issued by the Colorado educational and cultural facilities authority, created in section 23-15-104, C.R.S., for construction of institute charter school buildings; or
(II) To address reasonable funding emergencies, as defined by rule of the institute board.
(b) The state treasurer may invest, as provided by law, any moneys in the fund not expended for the purpose of this section. The state treasurer shall credit to the fund all interest and income derived from the investment and deposit of moneys in the fund.
(c) Except as otherwise provided in paragraph (d) of this subsection (1), the balance of unexpended and unencumbered moneys in the fund at the end of a budget year must not exceed seven hundred fifty thousand dollars. Any amount of unexpended and unencumbered moneys remaining in the fund at the end of a budget year that exceeds seven hundred fifty thousand dollars or the limit set pursuant to paragraph (d) of this subsection (1) is continuously appropriated to the institute, and the institute shall allocate the excess amount to the institute charter schools on a per-pupil basis by dividing the excess amount by the total pupil enrollment of the institute charter schools for the applicable budget year. The state treasurer shall ensure that any unexpended and unencumbered moneys that are in the fund at the end of a budget year up to seven hundred fifty thousand dollars or the limit set pursuant to paragraph (d) of this subsection (1) remain in the fund and are not credited or transferred to the general fund or another fund.
(d) The institute board may adopt a formula to annually adjust the limit on the fund balance specified in paragraph (c) of this subsection (1) by multiplying the total pupil enrollment for institute charter schools in the preceding budget year by a per-pupil dollar amount set annually by the institute board in collaboration with a council of institute charter schools.
(2) An institute charter school that seeks a grant or an interest-free loan pursuant to this section must submit to the state charter school institute, in accordance with the timelines and procedures adopted by rule of the institute board, an application that includes, at a minimum:
(a) For an institute charter school that seeks a grant or an interest-free loan to use as matching moneys to obtain financial assistance for capital construction through the "Building Excellent Schools Today Act", article 43.7 of this title:
(I) Evidence that the institute charter school meets the definition of a "charter school" specified in section 22-43.7-103 (7);
(II) A copy of the application that the institute charter school has submitted or is preparing to submit to the public school capital construction assistance board pursuant to section 22-43.7-109;
(III) An estimate of the amount of matching moneys, as defined in section 22-43.7-103 (11), that the public school capital construction assistance board will require, if known; and
(IV) Information concerning any other sources of funding available to the institute charter school;
or is preparing to submit to the public school capital construction assistance board pursuant to section 22-43.7-109;
(III) An estimate of the amount of matching moneys, as defined in section 22-43.7-103 (11), that the public school capital construction assistance board will require, if known; and
(IV) Information concerning any other sources of funding available to the institute charter school;
(b) For an institute charter school that seeks a grant or an interest-free loan to use in repaying bonds or notes issued on the institute charter school's behalf by the Colorado educational and cultural facilities authority pursuant to article 15 of title 23, C.R.S.:
(I) Copies of the documents the institute charter school has submitted or will submit to the Colorado educational and cultural facilities authority to request issuance of the bonds or notes;
(II) The amount of bonds or notes issued or to be issued and the total amount the institute charter school is required to repay; and
(III) Information concerning any other source of funding available to the institute charter school;
(c) For an institute charter school that seeks a grant or an interest-free loan to assist in meeting other capital construction costs:
(I) A description of the institute charter school's capital construction needs;
(II) A description of the capital construction project the institute charter school has undertaken or will undertake to meet its needs, including the estimated cost to complete the project; and
(III) Information concerning any other source of funding available to the institute charter school; and
(d) For an institute charter school that seeks a grant or an interest-free loan to address a reasonable funding emergency:
(I) A description of the institute charter school's emergency and how it qualifies as a reasonable funding emergency under rules adopted by the institute board; and
(II) and (III) (Deleted by amendment, L. 2013.)
(IV) A description of when the funding is needed.
(3) The state charter school institute shall review each application received pursuant to subsection (2) of this section and shall recommend to the institute board those institute charter schools that should receive moneys pursuant to this section, whether the moneys should be awarded in the form of grants or interest-free loans, and the amounts of the grants or interest-free loans. In making its recommendations, the institute shall apply criteria adopted by rule of the institute board, which criteria shall prioritize applications based on the applicant's level of economic need and the viability and merit of the capital construction project.
(4) (a) The institute board shall consider the state charter school institute's recommendations and award grants and interest-free loans pursuant to this section to assist institute charter schools based on the level of economic need demonstrated by an applicant and the viability and merit of the capital construction project proposed in the application.
(b) If the institute board awards an interest-free loan to an institute charter school pursuant to this section, it shall set the terms of repayment with the institute charter school.
(c) The state charter school institute shall not pay a grant or an interest-free loan awarded pursuant to this section for use as matching moneys to obtain financial assistance for capital construction through the "Building Excellent Schools Today Act", article 43.7 of this title, until the recipient institute charter school provides proof that the public school capital construction assistance board has selected it to receive financial assistance pursuant to article 43.7 of this title.
ded pursuant to this section for use as matching moneys to obtain financial assistance for capital construction through the "Building Excellent Schools Today Act", article 43.7 of this title, until the recipient institute charter school provides proof that the public school capital construction assistance board has selected it to receive financial assistance pursuant to article 43.7 of this title.
(d) The state charter school institute shall not pay a grant or an interest-free loan awarded pursuant to this section for use in repaying bonds or notes issued by the Colorado educational and cultural facilities authority until the recipient institute charter school provides proof that the bonds or notes have been issued on the institute charter school's behalf.
(5) The institute board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., for the implementation of this section, including but not limited to rules that define a reasonable funding emergency and rules that specify any information to be included in an application in addition to the information specified in subsection (2) of this section.
(6) Nothing in this section shall be interpreted as creating an entitlement in an institute charter school for receipt of a grant or an interest-free loan from the fund, but awards of grants and interest-free loans shall be at the sole discretion of the institute board.
C.R.S. § 22-30.5-516 Notice of precollegiate admission guidelines - report to Colorado commission on higher education
22-30.5-516. Notice of precollegiate admission guidelines - report to Colorado commission on higher education. (1) The state charter school institute board shall adopt a policy on or before October 1, 2005, to:
(a) Provide on or before December 31 of each school year the names and mailing addresses of students enrolled in the eighth grade in institute charter schools to the Colorado commission on higher education for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required in section 23-1-119.1, C.R.S.
(b) Include a provision in any contract entered into by an institute charter school with a college preparation program that the college preparation program shall provide to the Colorado commission on higher education, on or before December 31 of each school year, a report specifying each student, by unique identifying number, to the extent permissible by federal law, who was enrolled in the program during the previous school year; who completed the program during the previous school year; and who enrolled in an institution of higher education within six months after completing the program. The provisions of this paragraph (b) shall apply to contracts entered into or renewed on or after August 10, 2005.
C.R.S. § 22-30.5-517 Institute charter school nutritional beverage policy
22-30.5-517. Institute charter school nutritional beverage policy. (1) On or before July 1, 2009, the state charter school institute shall adopt and implement a policy that prohibits, except as described in subsection (2) of this section, an institute charter school from permitting the sale of beverages to students from any source, including but not limited to:
(a) School cafeterias;
(b) Vending machines;
(c) School stores; and
(d) Fund-raising activities conducted on school campuses.
(2) (a) On or before November 15, 2008, the institute board shall promulgate rules describing beverages that institute charter schools may permit to be sold to students. Each beverage described by the rules shall satisfy minimum nutritional standards for beverages, which standards are science-based and established by a national organization that:
(I) Establishes and promotes minimum nutritional standards for beverages served to students in schools; and
(II) Has set forth a memorandum of understanding between various interested entities, including representatives of the beverage industry, which memorandum of understanding sets forth guidelines for policies concerning beverages that school districts and schools may permit to be sold to students.
(b) On or before November 15, 2008, the institute board shall promulgate rules describing specific events occurring outside of the regular and extended school day, including but not limited to extracurricular competitions and performances, at which an institute charter school may permit to be sold to students beverages other than the beverages described by the rules promulgated by the institute board pursuant to paragraph (a) of this subsection (2).
(3) (a) The policy adopted by the state charter school institute pursuant to subsection (1) of this section shall apply to all beverages sold on institute charter school campuses during regular and extended school days.
(b) For the purposes of this subsection (3), "extended school day" means the regular hours of operation for an institute charter school plus any time spent by students after such regular hours of operation for any purpose, including but not limited to participation in extracurricular activities or childcare programs.
(4) The provisions of this section shall apply to contracts entered into or renewed by the state charter school institute or an institute charter school on or after July 1, 2009.
C.R.S. § 22-30.5-518 Institute charter school food allergy and anaphylaxis management policy required
22-30.5-518. Institute charter school food allergy and anaphylaxis management policy required. (1) On or before July 1, 2010, the state charter school institute shall adopt and implement a policy for the management of food allergies and anaphylaxis among students enrolled in institute charter schools. The policy shall include, at a minimum, measures that satisfy the rules promulgated by the state board pursuant to section 22-2-135.
(2) (a) The policy adopted by the state charter school institute pursuant to subsection (1) of this section shall ensure that, prior to the beginning of each school year, each institute charter school provide notice to a parent or legal guardian of each student enrolled in the institute charter school of the policy. 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 to the institute charter school's administration the information that is described in section 22-2-135 (3)(b).
(b) The notice required by paragraph (a) of this subsection (2) 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. § 22-30.5-519 Institute charter school standardized immunization information policy
22-30.5-519. Institute charter school standardized immunization information policy. On or before July 1, 2011, the state charter school institute shall annually provide to the parent or legal guardian of each student enrolled in the institute charter school the standardized immunization document developed by the department of public health and environment pursuant to section 25-4-902 (4), C.R.S. For purposes of this section, an institute charter school shall have the discretion to determine the method of distribution of the standardized immunization document, including but not limited to providing a copy to parents and legal guardians, providing the standardized immunization document in a newsletter or handbook, or providing to parents and legal guardians an electronic copy of the standardized immunization document. For purposes of this section, solely posting a copy of the standardized immunization document on a website or in a central area of the school is not sufficient to satisfy the notice requirements of this section; however, the institute is encouraged to post a copy of the standardized immunization document on its website.
C.R.S. § 22-30.5-520 Parent engagement - policy - communications - incentives
22-30.5-520. Parent engagement - policy - communications - incentives. (1) (a) The state charter school institute board shall adopt a policy for increasing and supporting parent engagement in institute charter schools. In adopting the policy, the institute board may take into account, but need not be limited to, the best practices and strategies identified pursuant to section 22-7-304 by the Colorado state advisory council for parent involvement in education and the national standards for family-school partnerships, as defined in section 22-7-302 (5).
(b) As part of the institute's parent engagement policy, the institute is encouraged to provide training concerning best practices and skills for institute and school personnel in working with parents.
(c) The institute shall identify an employee to act as the point of contact for parent engagement training and resources. The identified person shall also serve as the liaison between the institute, the Colorado state advisory council for parent involvement in education, and the department of education and shall facilitate the institute's efforts to increase parent involvement within institute charter schools. The institute shall submit to the department the name of the identified employee.
(2) (a) If the state board of education, pursuant to section 22-11-210, determines that an institute charter school is required to adopt and implement a school priority improvement plan as described in section 22-11-405 or a school turnaround plan as described in section 22-11-406, the institute charter school, within thirty days after receiving the initial notice of the determination or, if the determination is appealed, the final notice of the determination, shall notify the parents of the students enrolled in the school of the required plan and the issues identified by the department of education as giving rise to the need for the required plan. The notice shall also include the timeline for developing and adopting the required plan and the dates, times, and locations of the public meeting described in paragraph (b) of this subsection (2) and the public hearing described in paragraph (c) of this subsection (2).
(b) The school accountability committee shall hold a public meeting to solicit input from parents concerning the contents of the required plan before the plan is written. At the school accountability committee's public meeting, the school principal shall review the institute charter school's progress in implementing its plan for the preceding year and in improving its performance.
(c) The institute charter school shall hold a public hearing after the plan is written to review the required plan before final adoption. The institute charter school shall hold the public hearing within the geographic boundaries of the school district in which the institute charter school is located. The date of the public hearing must be at least thirty days after the date on which the institute charter school provides the written notice. A member of the school accountability committee is encouraged to attend the public hearing.
(d) The institute shall ensure that the institute charter school complies with the requirements of this subsection (2).
(3) The institute board may solicit, accept, and expend public or private gifts, grants, or donations to implement all or a portion of the parent involvement programs implemented under a policy adopted pursuant to this section.
C.R.S. § 22-30.5-521 Institute charter schools - school bullying policies required
22-30.5-521. Institute charter schools - school bullying policies required. On or before October 1, 2011, each institute charter school shall implement the policy of the institute concerning bullying prevention and education, which policy is adopted by the institute pursuant to section 22-30.5-505 (19).
C.R.S. § 22-30.5-522 Restorative justice practices
22-30.5-522. Restorative justice practices. The state charter school institute is encouraged to develop and utilize restorative justice practices, as defined in section 22-32-144 (3), that are part of the disciplinary program of each institute charter school.
C.R.S. § 22-30.5-523 Intervention strategies - students at risk of dropping out
22-30.5-523. Intervention strategies - students at risk of dropping out. (1) Each institute charter school that includes any of grades six through nine shall consider adopting procedures to review the relevant data for students in those grades and identify students who are demonstrating behaviors that indicate the student is at greater risk of dropping out of school. The behaviors may include, but need not be limited to, low academic achievement, truancy, insubordinate behavior, and disengagement.
(2) The procedures may specify that, after an institute charter school identifies a student as being at increased risk of dropping out of school, the school shall provide appropriate interventions that are designed to assist the student in improving his or her academic performance and behavior and in increasing his or her overall level of engagement in school. Interventions may include, but need not be limited to, counseling, tutoring, parent engagement, and developmental education services.
(3) If an institute charter school adopts procedures pursuant to this section, the institute charter school shall notify a student's parents as soon as possible after the institute charter school identifies the student as being at greater risk of dropping out of school. The institute charter school shall provide to the student's parents a description of the interventions that the institute charter school intends to implement for the student, if any. The parent may approve or reject the described interventions. If the parent rejects the interventions, the institute charter school shall not implement the interventions. The parent may terminate the interventions at any time after the institute charter school begins providing the interventions.
(4) A parent may contact the institute charter school in which his or her student is enrolled to request interventions pursuant to this section if the parent determines that the student is at greater risk of dropping out of school.
C.R.S. § 22-30.5-524 Institute charter schools - children's nutrition - no trans fats in school foods - definitions - rules
22-30.5-524. Institute charter schools - children's nutrition - no trans fats in school foods - definitions - rules. (1) As used in this section, unless the context otherwise requires:
(a) "Extended school day" means the school day, plus any additional time that a student spends on school grounds before or after the school day for the purpose of participating in a school-sanctioned extracurricular activity or child care program.
(b) "Industrially produced trans fat" means vegetable shortening, margarine, or any type of partially hydrogenated vegetable oil that contains more than zero grams of trans fat per serving.
(c) "School day" has the same meaning as set forth in section 22-32-136.
(2) On and after September 1, 2013, neither the state charter school institute nor any institute charter school shall:
(a) Make available to a student any food that contains any amount of industrially produced trans fat; or
(b) Use a food that contains any amount of industrially produced trans fat in the preparation of a food item that is intended for consumption by a student.
(3) The prohibition described in subsection (2) of this section applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including but not limited to any food or beverage item made available to a student in a school cafeteria, school store, vending machine, or other food service entity existing upon school grounds.
(4) The prohibition described in subsection (2) of this section does not apply to:
(a) Any food or beverage that is made available to a student as part of a meal program of the United States department of agriculture;
(b) Any food or beverage that is made available to a student as part of a fundraising effort conducted by one or more students, teachers, or parents; or
(c) Any food or beverage that is donated to the school to be given to a student for consumption off of school premises and not during the school day.
(5) The state charter school institute may promulgate such rules as are necessary for the administration of this section.
C.R.S. § 22-30.5-525 Individual career and academic plans
22-30.5-525. Individual career and academic plans. (1) Each institute charter school shall assist each student and the student's parent or legal guardian to develop and maintain the student's individual career and academic plan, referred to in this section as an "ICAP", no later than the beginning of ninth grade but may assist the student and the student's parent or legal guardian to develop and maintain the student's ICAP in any grade prior to ninth grade. In assisting a student and his or her parent or legal guardian in creating and maintaining the ICAP, the institute charter school shall, at a minimum, discuss with the student and parent or legal guardian the various career pathways created pursuant to sections 23-60-110 and 24-46.3-104 and the types of certificates and jobs to which each pathway leads and discuss the skills and educational opportunities available through military enlistment. In discussing the teaching career pathway described in section 23-60-110, each institute charter school is encouraged to provide to the student information concerning the TREP program created in section 22-35-108.5. In discussing military enlistment with a student and the student's parent, each institute charter school is encouraged to provide to the student information concerning the military enlistment test. Each student's ICAP must comply with the requirements specified in section 22-2-136 and the rules promulgated by the state board of education pursuant to said section. 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) Each institute charter school shall assist each student who is enrolled in the school and has an ICAP to use the plan effectively to direct the student's course selections and performance expectations in at least grades nine through twelve; to assist the student in meeting his or her academic and career goals as described in the ICAP; and to enable the student to demonstrate postsecondary and workforce readiness prior to or upon graduation from high school at a level that allows the student to progress toward his or her postsecondary education goals, if any, without requiring remedial educational services or courses.
C.R.S. § 22-30.5-526 Developmental education placement or assessment tests - intervention plans
22-30.5-526. Developmental education placement or assessment tests - intervention plans. (1) Each institute charter school that includes any of grades nine through twelve may administer to students enrolled in those grades the developmental education placement or assessment tests that are administered to matriculated first-time freshman students pursuant to section 23-1-113. The institute charter school may administer the tests to a student at any time and as often as it deems necessary while the student is enrolled in any of grades nine through twelve, but the department of education shall allocate money to each institute charter school to offset the costs incurred in administering each of the test units only once per student while he or she is enrolled in those grades.
(2) If an institute charter school chooses to administer the developmental education placement or assessment tests, each student's individual career and academic plan must include the scores achieved by the student on the developmental education placement or assessment tests and, based on an analysis of the scores, the student's level of postsecondary and workforce readiness at the time he or she takes the tests. If a student's scores indicate that he or she is at risk of being unable to demonstrate postsecondary and workforce readiness prior to or upon graduating from high school, school personnel shall work with the student and the student's parent or legal guardian to create an intervention plan that identifies the necessary courses and education support services the student requires to be able to achieve postsecondary and workforce readiness prior to or upon graduating from high school and to be prepared to continue into the postsecondary education option, if any, selected by the student in his or her individual career and academic plan without need for remedial educational services. If appropriate, the school, the student, and the student's parent or legal guardian may choose to enroll the student in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e), at an institution of higher education through the "Concurrent Enrollment Programs Act", article 35 of this title 22.
C.R.S. § 22-30.5-526.5 Intervention strategies - improving mathematics outcomes - definitions
22-30.5-526.5. Intervention strategies - improving mathematics outcomes - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Train-the-parent" means a training framework to help a parent, guardian, or legal custodian assist the parent's child in understanding mathematics concepts.
(b) "Train-the-trainer" means a training framework that develops educators into subject matter experts who can teach other educators about mathematics.
(2) Each institute charter school is strongly encouraged to adopt procedures by which the institute charter school provides supports to students in pre-kindergarten through twelfth grade and students' families to improve mathematics outcomes. Procedures may include:
(a) Identifying students who are below grade level or struggling in mathematics based on academic assessments administered pursuant to section 22-7-1006.3;
(b) Notifying the parents, guardians, or legal custodians if a student is below grade level or struggling in mathematics;
(c) Providing parents, guardians, or legal custodians with a list of interventions and acceleration strategies to assist with mathematics at home, including a state-advisory list of curricula options described in section 22-2-146.5, referrals for mathematics tutoring, or other intervention opportunities, when applicable;
(d) Publishing mathematics curricula annually, including supplemental curricula or interventions; and
(e) Implementing train-the-trainer or train-the-parent plans to improve mathematics achievements for students who are below grade level or struggling in mathematics; children with disabilities, as defined in section 22-20-103; or students who are English language learners.
(3) If an institute charter school adopts procedures pursuant to this section, a parent, guardian, or legal custodian may contact the institute charter school in which the parent's, guardian's, or legal custodian's student is enrolled to request additional mathematics interventions created by the department pursuant to section 22-2-146.5 if the parent, guardian, or legal custodian determines the student needs additional intervention support.
C.R.S. § 22-30.5-527 Institute charter schools - child sexual abuse and assault prevention plan
22-30.5-527. Institute charter schools - child sexual abuse and assault prevention plan. (1) Each institute charter school is encouraged to adopt a child sexual abuse and assault prevention plan. Each institute charter school is encouraged to include in the plan delivery of a comprehensive, age-appropriate curricula for each grade level that the institute charter school serves regarding child sexual abuse and assault awareness and prevention. The curricula may address, but need not be limited to:
(a) The skills to recognize:
(I) Child sexual abuse and assault;
(II) Boundary violations and unwanted forms of touching and contact; and
(III) Behaviors that an offender uses to groom or desensitize a victim; and
(b) Strategies to:
(I) Promote disclosure;
(II) Reduce self-blame; and
(III) Mobilize bystanders.
(2) Each institute charter school is encouraged to include in the child sexual abuse and assault prevention plan professional development for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault. Professional development may include providing training in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S., and distributing resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault.
(3) An institute charter school is encouraged to use curricula and professional development materials, training, and other resources available from the school safety resource center pursuant to section 24-33.5-1809, C.R.S.
(4) As used in this section, "school personnel" includes teachers, administrators, school resource officers, and other employees of an institute charter school.
C.R.S. § 22-30.5-528 Institute charter schools - use of restraints on students - certain restraints prohibited - reports and review process - complaints and investigations - rules - definitions
22-30.5-528. Institute charter schools - use of restraints on students - certain restraints prohibited - reports and review process - complaints and investigations - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Chemical restraint" has the same meaning as set forth in section 26-20-102 (2).
(b) "Mechanical restraint" has the same meaning as set forth in section 26-20-102 (4).
(c) "Prone position" means a face-down position.
(d) "Prone restraint" means a restraint in which the individual being restrained is secured in a prone position.
(e) "Restraint" has the same meaning as set forth in section 26-20-102 (6).
(2) The "Protection of Individuals from Restraint and Seclusion Act", sections 26-20-101 to 26-20-111, sets forth the key definitions and prohibitions on the use of restraints, including the use of restraints on students, described in section 26-20-111.
(3) (a) On and after August 9, 2017, each institute charter school shall require any school employee or volunteer who uses any type of restraint on a student of the institute charter school to submit a written report of the incident to the institute charter school's administration not later than one school day after the incident occurred.
(b) On and after August 9, 2017, each institute charter school shall establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The purpose of each annual review process is to ensure that the institute charter school is properly administering restraint, identifying additional training needs, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff. Each annual review process must include but is not limited to:
(I) Analysis of incident reports, including consideration of procedures used during the restraint, preventative or alternative techniques attempted, documentation, and follow-up;
(II) Training needs of staff;
(III) Staff-to-student ratios; and
(IV) Environmental considerations, including physical space, student seating arrangements, and noise levels.
(c) Not more than five calendar days after the use of restraint on a student, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of the student. The written report must be placed in the student's confidential file and include:
(I) The antecedent of the student's behavior, if known;
(II) A description of the incident;
(III) Any efforts made to de-escalate the situation;
(IV) Any alternatives to the use of restraints that were attempted;
(V) The type and duration of the restraint used;
(VI) Any injuries that occurred; and
(VII) The staff members who were present and staff members who were involved in administering the restraint.
(d) The department of education has enforcement authority over the restraint investigation decisions. This enforcement authority must follow the same procedures outlined for state complaints under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and the department's state-level complaint procedures.
o were involved in administering the restraint.
(d) The department of education has enforcement authority over the restraint investigation decisions. This enforcement authority must follow the same procedures outlined for state complaints under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and the department's state-level complaint procedures.
(e) No later than June 30, 2023, and every June 30 thereafter, each institute charter school shall submit the data from the annual review conducted pursuant to subsection (3)(b) of this section to the department of education pursuant to section 22-1-138.
(4) On or before November 1, 2017, the state board shall promulgate rules establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any institute charter school. To the extent practicable, the process must reflect the complaint process for filing a state complaint under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended.
(5) The department of education shall create and implement rigorous standards for training school staff and administrators on the "Protection of Individuals from Restraint and Seclusion Act", sections 26-20-101 to 26-20-111.
C.R.S. § 22-30.5-529 Contracting for facial recognition service by institute charter schools prohibited - definition - repeal
22-30.5-529. Contracting for facial recognition service by institute charter schools prohibited - definition - repeal. (1) Except as described in subsection (2) of this section, an institute charter school shall not execute a contract with any vendor for the purchase of, or for services related to, any facial recognition service.
(2) The prohibition described in subsection (1) of this section does not apply to:
(a) A contract that was executed before August 10, 2022, including such a contract that is renewed after August 10, 2022; or
(b) A contract for the purchase of, or for services related to, a generally available consumer product, including a tablet or smartphone, that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or still or video images for personal or household use.
(3) As used in this section, "facial recognition service" has the meaning set forth in section 24-18-301 (5).
(4) This section is repealed, effective July 1, 2025.
C.R.S. § 22-30.5-530 Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal
22-30.5-530. Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal. (1) Each institute charter school that is an eligible school, as defined in section 25-8-901 (4), shall comply with the requirements of part 9 of article 8 of title 25 concerning testing of water in child care centers, family child care homes, and eligible schools.
(2) This section is repealed, effective June 30, 2026.
C.R.S. § 22-30.5-601 Short title
22-30.5-601. Short title. This part 6 shall be known and may be cited as the "Charter School Collaborative Act".
C.R.S. § 22-30.5-602 Definitions
22-30.5-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) "Authorizer" means a school district board of education that authorizes a district charter school pursuant to part 1 of this article or the state charter school institute board created in section 22-30.5-505.
(2) "Charter school" means a district charter school authorized pursuant to part 1 of this article or an institute charter school authorized pursuant to part 5 of this article.
C.R.S. § 22-30.5-603 Charter school collaborative - creation - public status - structure
22-30.5-603. Charter school collaborative - creation - public status - structure. (1) Two or more charter schools may contract with one another to form a charter school collaborative that is a legal entity separate from the contracting charter schools and is authorized to provide any function, service, or facility that is lawfully authorized for each of the contracting charter schools. A charter school need not obtain the approval of its authorizer to create or participate in a charter school collaborative.
(2) A charter school collaborative created pursuant to this section shall be a public entity that exists separately from the individual charter schools that are participating in the collaborative. The charter school collaborative shall hold and may exercise the duties, privileges, immunities, rights, liabilities, and disabilities of a public entity, including but not limited to the power to contract, to sue or be sued, and to hold title to property; except that a charter school collaborative may hold title to real property only for the use of the participating charter schools. The charter school collaborative shall be solely responsible for its debts, liabilities, and obligations, and said debts, liabilities, or obligations shall not be the responsibility of the participating charter schools or their authorizers.
(3) A charter school collaborative created pursuant to this section shall be deemed a local public body for purposes of the open meeting requirements of section 24-6-402, C.R.S. Except as otherwise specifically authorized in this section, a charter school collaborative shall be subject to all state statutes regulating charter schools as public entities as if the charter school collaborative were authorized by a school district board of education.
(3.5) A charter school collaborative 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.
(3.7) (a) A charter school collaborative may provide special education and related services to participating charter schools as authorized by the contract creating the charter school collaborative pursuant to subsection (4) of this section. Participating charter schools of the charter school collaborative shall share costs and financial support for special education and related services pursuant to the charter school collaborative contract.
(b) A charter school collaborative may be authorized as an administrative unit pursuant to section 22-20-106, and charter schools participating in the administrative unit of the charter school collaborative shall share costs and financial support for special education and related services.
(4) (a) A charter school collaborative, as a separate legal entity, shall exercise administrative control or direction in providing or operating specified functions, services, or facilities for the participating charter schools. The contract creating a charter school collaborative shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the charter school collaborative and of the contracting charter schools. The participating charter schools shall delegate to the charter school collaborative the powers necessary to enable the charter school collaborative to provide or operate the functions, services, or facilities specified in the contract.
e purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the charter school collaborative and of the contracting charter schools. The participating charter schools shall delegate to the charter school collaborative the powers necessary to enable the charter school collaborative to provide or operate the functions, services, or facilities specified in the contract.
(b) In addition to any duty required to be performed by law or by the contract creating a charter school collaborative, the collaborative shall have and perform the following duties:
(I) To act consistently with the provisions of this article;
(II) To abide by the contract that creates and organizes the charter school collaborative; and
(III) To act consistently with the charter contract and mission of each charter school that participates in the charter school collaborative.
(5) A contract to establish a charter school collaborative shall, at a minimum, specify:
(a) The name and purpose of the charter school collaborative and the functions, services, or facilities that the charter school collaborative shall provide or operate;
(b) The establishment and organization of a board of directors of the charter school collaborative, including but not limited to:
(I) The number of directors, the manner of appointment, the terms of office, the amount of compensation, if any, and the procedures for filling vacancies;
(II) The officers of the charter school collaborative, the manner of their selection, and their duties;
(III) The voting requirements for action by the board of directors; except that, unless specifically provided otherwise in the contract, a majority of directors shall constitute a quorum and a majority of a quorum shall be necessary to authorize any action taken by the board of directors;
(c) Provisions for the disposition, division, or distribution of any property or assets of the charter school collaborative, including but not limited to distribution upon dissolution of the charter school collaborative of the equity in any real property that the charter school collaborative may hold;
(d) The term of the contract, which may be continued for a definite term or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that the contract may not be rescinded or terminated so long as the charter school collaborative has obligations outstanding, unless provisions for full payment of the obligations, by escrow or otherwise, are made pursuant to the terms of the obligations; and
(e) The terms, if any, under which a charter school that is not initially a participant in the charter school collaborative may join the collaborative and under which a charter school participant may withdraw from the charter school collaborative.
C.R.S. § 22-30.5-604 Charter school collaborative - nonexclusive
22-30.5-604. Charter school collaborative - nonexclusive. Nothing in this part 6 shall prohibit a charter school from participating as a member in an organization formed for the purpose of mutual support, contracting for services, participating in intergovernmental agreements otherwise authorized by law, or participating in any other form of organization authorized by law and appropriate to Colorado public or nonprofit organizations.
C.R.S. § 22-30.5-605 Administration fee
22-30.5-605. Administration fee. The state board of education, by rule, may establish a fee to be paid by each charter school collaborative to offset any direct costs that the department of education may incur in collecting data from or regulating the charter school collaborative. The amount of the fee shall not exceed the amount of said direct costs. Any amount in fees received by the department of education pursuant to this section is continuously appropriated to the department for said direct costs.
C.R.S. § 22-30.5-701 Short title
22-30.5-701. Short title. This part 7 shall be known and may be cited as the "Charter School Emergency Powers Act".
C.R.S. § 22-30.5-702 Definitions
22-30.5-702. Definitions. As used in this part 7, unless the context otherwise requires:
(1) "Authorizer" means a school district board of education that authorizes a charter school pursuant to part 1 of this article or the state charter school institute established pursuant to section 22-30.5-503.
(2) "Charter management organization" means the Colorado operations of a for-profit or nonprofit entity, as determined under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", that operates one or more charter schools.
(3) "Charter respondent" means a charter school or charter management organization that is the subject of a request for or an order granting emergency powers pursuant to this part 7.
(4) "Charter school" means a charter school as defined in section 22-30.5-103 (2) or an institute charter school as defined in section 22-30.5-502 (6).
(5) "Commissioner" means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution.
(6) "Emergency" means a situation that:
(a) Presents a significant threat, as determined by the commissioner, to the health or safety of the students, staff, or other individuals involved with a charter school;
(b) Presents a significant threat, as determined by the commissioner, to substantial property rights of an authorizer or a significant risk, as determined by the commissioner, to a charter respondent's solvency;
(c) Indicates a substantial diversion, as determined by the commissioner, of charter school moneys through one or more excess benefit transactions; or
(d) Is defined by rule of the state board as one that justifies action pursuant to this part 7.
(7) "Excess benefit" means a financial benefit arising directly or indirectly from a transaction with a charter school that would be considered an excess benefit under section 4958 (c)(1) of the federal "Internal Revenue Code of 1986", as amended, and regulations adopted thereunder; except that the definition of excess benefit shall extend to all charter schools regardless of whether they have applied for or received nonprofit status under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended. The salaries of administrators in comparable positions at other Colorado charter schools, charter management organizations, boards of cooperative services, and school districts serving a reasonably comparable number of students shall serve as the comparison for determining whether the salaries of charter school or charter management organization administrators are reasonable or excessive for the purposes of this part 7.
(8) "Fiduciary" means a person who meets the requirements of the "Uniform Fiduciaries Law", part 1 of article 1 of title 15, C.R.S., and any other applicable law or rule.
(9) "Organic documents" means the articles of incorporation, articles of organization, constitution, bylaws, or other documents, however denominated, that define the basic governance structure for a charter school and the body or bodies that have governing authority for a charter school.
(10) "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. § 22-30.5-703 Emergency powers - request - orders - process - rules
22-30.5-703. Emergency powers - request - orders - process - rules. (1) An authorizer may request that the commissioner permit external control over certain functions of a charter school or charter management organization by submitting to the commissioner and the charter school or charter management organization a concise written statement identifying the emergency that justifies external control and the form or forms of external control requested. The authorizer shall state clearly if it is requesting an order of reorganization. The commissioner may authorize external control over a charter school or charter management organization by issuing a temporary order as provided in subsection (2) of this section or a preliminary order as provided in subsection (3) of this section.
(2) The commissioner may issue a temporary order in the event that immediate and irreparable injury, loss, or damage will result from the identified emergency before the charter respondent is able to state its opposition and before the authorizer certifies in writing or in person to the commissioner the efforts that have been made to give notice to the charter respondent. A temporary order issued pursuant to this subsection (2) shall state the date and hour of issuance, define the injury, state why the injury is irreparable, and state why the temporary order was given without notice. A temporary order issued under this subsection (2) shall be valid for ten days and may be extended for up to an additional ten days for good cause shown. The authorizer shall immediately provide the charter respondent with a copy of any temporary order issued pursuant to this subsection (2). A charter respondent shall provide an authorizer two business days' notice prior to requesting that the commissioner dissolve a temporary order issued pursuant to this subsection (2).
(3) The commissioner shall issue a preliminary order only if:
(a) The charter respondent received two business days' written notice that the authorizer has requested external control over certain functions of the charter respondent and the basis for the request;
(b) In the case of a charter respondent that is a charter management organization, authorizers of each of the affected charter schools have received two business days' written notice of the request for external control;
(c) The authorizer requesting external control and all parties that received notice have had the opportunity to meet with the commissioner to present such evidence and argument as the commissioner finds appropriate under the circumstances. In any meeting held before issuing a preliminary order pursuant to this subsection (3), the commissioner may accept evidence and arguments from the parties involved as he or she deems appropriate, but neither a formal adversarial hearing nor application of the rules of evidence shall be required.
r to present such evidence and argument as the commissioner finds appropriate under the circumstances. In any meeting held before issuing a preliminary order pursuant to this subsection (3), the commissioner may accept evidence and arguments from the parties involved as he or she deems appropriate, but neither a formal adversarial hearing nor application of the rules of evidence shall be required.
(d) Following a meeting held pursuant to paragraph (c) of this subsection (3), the commissioner finds and determines that the authorizer has demonstrated an emergency and the risk of irreparable injury resulting from the emergency justifies an intrusion on the internal operations of the charter respondent.
(4) The commissioner may demand production of information from the charter respondent that may be necessary to conduct an investigation pursuant to this section, may issue subpoenas as otherwise provided for in section 24-4-105 (5), C.R.S., and may draw appropriate inferences from failure of any party to promptly comply with such requests.
(5) A preliminary order issued pursuant to subsection (3) of this section shall be valid for one hundred twenty days and may be extended for up to an additional one hundred twenty days, upon good cause shown.
(6) (a) A temporary or preliminary order may appoint the authorizer or another entity or person to act as a fiduciary; except that, if more than one authorizer is a party to the proceeding or if the authorizer is requesting an order of reorganization, the commissioner shall appoint a separate person or entity that is not a party to the proceeding to act as a fiduciary. The fiduciary may exercise, subject to the limitations set forth in paragraph (b) of this subsection (6), the powers over and for the charter respondent that are ordinarily exercised by the charter respondent's board of directors and may take action respecting excess benefits as authorized pursuant to section 22-30.5-704.
(b) A temporary or preliminary order shall not authorize, nor be construed to permit, a fiduciary to:
(I) Conclude, dissolve, relinquish, or surrender the charter contract;
(II) Effect nonrenewal or revocation of the charter contract;
(III) Negotiate, renegotiate, or amend the charter contract;
(IV) Exercise the legal standing of the charter respondent in any administrative or court proceeding other than one brought pursuant to this section; except that the fiduciary may seek recovery of unpaid moneys due to the charter respondent from an authorizer;
(V) Transfer into a trust the assets of the charter respondent;
(VI) Repeal, alter, amend, restate, or in any fashion modify the charter respondent's organic documents;
(VII) Remove, recall, or appoint any member of the charter respondent's governing board or officers;
(VIII) Take any action that is reserved for the membership of a charter respondent that is organized as a membership organization; or
(IX) Take any action that is not within the power of the charter respondent's governing board.
(7) The commissioner may require a fiduciary to provide evidence of appropriate insurance coverage, including but not limited to appropriate certificates of insurance. The insurance coverage shall be reasonably adequate to protect against risks of liability for any actions taken under an order granted pursuant to this section.
(8) (a) If an authorizer has requested an order of reorganization and the commissioner, after appropriate proceedings pursuant to this section, has appointed a fiduciary other than the authorizer to exercise certain powers, the fiduciary shall independently determine whether to continue to request the order of reorganization. An order of reorganization shall be authorized only if it is issued in compliance with the processes, standards, and purposes set forth in this section.
sioner, after appropriate proceedings pursuant to this section, has appointed a fiduciary other than the authorizer to exercise certain powers, the fiduciary shall independently determine whether to continue to request the order of reorganization. An order of reorganization shall be authorized only if it is issued in compliance with the processes, standards, and purposes set forth in this section.
(b) A fiduciary other than an authorizer may request an order of reorganization at any time while a preliminary order or an extension of a preliminary order is pending, so long as the fiduciary provides at least ten days' notice to the charter respondent, the authorizer, and the commissioner. The fiduciary shall specifically state in the notice the powers of reorganization he or she is requesting and the reasons justifying the request. Notwithstanding the limitations placed on the powers of a fiduciary acting under a temporary or preliminary order, as set forth in subsection (6) of this section, the powers of reorganization shall only include one or more of the following powers:
(I) To fill one or more board vacancies, notwithstanding the charter respondent's organic documents;
(II) To remove one or more board directors or officers, notwithstanding the charter respondent's organic documents; or
(III) To make specific, stated modifications to the charter respondent's organic documents, notwithstanding the process for amendment or restatement otherwise prescribed in those documents.
(c) The commissioner may issue an order of reorganization only after giving the authorizer and the charter respondent a reasonable opportunity to be heard, and then only if the commissioner finds that the risks created by the emergency to the charter respondent and the authorizer cannot be resolved by any less restrictive means. In any meeting held before issuing an order of reorganization, the commissioner may accept evidence and argument from the parties involved as he or she deems appropriate, but neither a formal adversarial hearing nor application of the rules of evidence shall be required.
(d) An order of reorganization shall be valid for the balance of the term of any pending preliminary order or for sixty days, whichever is greater, and may be renewed for an additional thirty days upon good cause shown. An order of reorganization shall be valid for no more than ninety days.
(9) The fiduciary shall submit appropriate financial information to the commissioner and the director of public school finance within the department of education and provide copies to the charter respondent and authorizer. The charter respondent and authorizer may submit additional information to the director of public school finance. After receipt of all pertinent financial information, the director of public school finance shall make a written recommendation to the commissioner.
(10) A temporary or preliminary order or an order for reorganization granted pursuant to this section shall state the reasons for issuance; be specific in its terms; and describe in reasonable detail, without reference to the request or other documents, the act or acts authorized. An order granted pursuant to this section is binding only upon the charter school and its employees. An order appointing a fiduciary may specify or limit the fiduciary's powers and may direct the fiduciary to act only upon particular issues or only to exercise certain powers.
terms; and describe in reasonable detail, without reference to the request or other documents, the act or acts authorized. An order granted pursuant to this section is binding only upon the charter school and its employees. An order appointing a fiduciary may specify or limit the fiduciary's powers and may direct the fiduciary to act only upon particular issues or only to exercise certain powers.
(11) Expenses incurred by an authorizer in pursuing a proceeding pursuant to this section shall be borne by the authorizer, and expenses incurred by a charter respondent in defending any proceeding pursuant to this section shall be borne by the charter respondent. Expenses incurred by the department shall be borne equally by the authorizer and the charter respondent. Expenses incurred by a fiduciary shall be submitted to the charter respondent and commissioner for approval and, after the commissioner resolves any disputed charges, shall be borne by the charter respondent.
(12) Notwithstanding any other provision of Colorado law, including but not limited to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., or any provision of a charter contract to the contrary, the powers granted pursuant to this part 7 shall be effective and valid as a matter of law.
(13) Nothing in this part 7 shall limit the authority of an authorizer to exercise any contractual rights, including any remedies, emergency or otherwise, for breach of a charter contract. A charter contract provision that purports to grant authority to an authorizer to exercise emergency powers as described in this part 7 shall be construed, if possible, to be consistent with this part 7. A provision construed to be inconsistent with this part 7 shall be deemed contrary to public policy, void, unenforceable, and of no legal effect. The burden shall be on the party asserting an inconsistency to demonstrate that such a provision is inconsistent with this part 7.
(14) An order issued pursuant to this section shall be final and binding and not subject to appeal. A charter respondent may seek judicial review of an order issued pursuant to this section under rule 106 (a)(4) of the Colorado rules of civil procedure; except that a temporary order shall not be subject to judicial review. A charter respondent may file an action for judicial review in the district court for the city and county of Denver or the district court in the county in which the charter respondent is located.
(15) An order issued pursuant to this section shall not be deemed to be an appointment of a trustee or receiver under the terms of any financing of a charter school facility or other instrument.
(16) The commissioner may fill any vacancy created by the death or inability of a fiduciary or, for good cause shown, may remove a fiduciary that is exercising powers pursuant to a preliminary order or order of reorganization and appoint a new fiduciary.
(17) A meeting conducted by the commissioner pursuant to this section shall be open to all parties to the proceeding. An order of the commissioner issued pursuant to this section and all requests for orders, by any party, shall be considered public documents.
(18) The state board is authorized to adopt rules, pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., for the implementation of this section.
C.R.S. § 22-30.5-704 Excess benefits - cancellation of contracts - civil action and penalty
22-30.5-704. Excess benefits - cancellation of contracts - civil action and penalty. (1) If a fiduciary other than an authorizer, operating under the authority of a preliminary order or an order for reorganization, determines that a charter respondent has engaged in an excess benefit transaction, the fiduciary may:
(a) Cancel in writing and without penalty any contract entered into by the charter school that awards the excess benefit to an individual or another entity and cancel any further compensation to the party that received the excess benefit. The fiduciary may demand the return, within ten business days, to the charter respondent of all excess benefits paid within the preceding three years or, if the excessive payment has been concealed from the charter respondent's full governing board, the preceding six years.
(b) If payment is not made as demanded pursuant to paragraph (a) of this subsection (1), file in the name of the charter respondent, a civil action for recovery of the excess benefit and imposition of a civil penalty. If the court finds that the charter respondent paid the excess benefit and the person receiving the excess benefit did not repay the amount within ten business days following the demand for repayment, the court shall deem the excess benefit an unauthorized payment of charter school moneys and award the charter respondent, through the fiduciary, an amount fixed in the court's discretion and based on all the circumstances. However, the amount shall not be less than the excess benefit paid and shall not be more than double the excess benefit paid plus all reasonable attorney fees and costs. If the court finds that the fiduciary did not have a reasonable basis in law and fact for claiming an excess benefit and filing the action, it may award the party defending the action attorney fees and costs.
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