C.R.S. § 22-43.7-203 — CO Code / Title 22 / Article 43.7 / Part 2 / Section 22-43.7-203
22-43.7-203. Full-day kindergarten facility capital construction projects - prioritization
Status: in_force

22-43.7-203. Full-day kindergarten facility capital construction projects - prioritization. (1) From the applications submitted for grants or matching grants pursuant to section 22-43.7-202, the board shall annually prepare a prioritized list of capital construction projects to provide facilities for full-day kindergarten programs. The board shall then determine the type and amount of the grant or matching grant to be awarded to each eligible capital construction project based on the information provided by the school district or the institute charter school in the application.

(2) The board shall submit to the state board the prioritized list of capital construction projects prepared pursuant to subsection (1) of this section. The prioritized list shall include the board's recommendations as to the amount of financial assistance to be provided to applicants and whether the assistance should be in the form of a grant or a matching grant. The state board may approve, disapprove, or modify the provision of financial assistance to any applicant recommended by the board if the state board finds that the board incorrectly prioritized the capital construction projects pursuant to this part 2. The state board shall specifically explain in writing its reasons for finding that the board incorrectly prioritized any capital construction project pursuant to this part 2.

(3) In prioritizing capital construction projects and awarding grants and matching grants pursuant to this part 2, the board shall attempt to maximize the total number of students statewide who will be able to attend a full day of kindergarten due to the availability of a renovated facility or temporary auxiliary facility for a full-day kindergarten program.

(4) It is the intent of the general assembly that school districts give consideration to the needs of both traditional public schools and charter schools established pursuant to article 30.5 of this title when submitting applications for grants or matching grants pursuant to this section.

(5) It is the intent of the general assembly that a grant or matching grant awarded to a school district or institute charter school pursuant to this part 2 shall not be taken into consideration when the board prioritizes capital construction projects pursuant to part 1 of this article. Nothing in this part 2 shall be construed to limit or otherwise affect the authority of the board to prioritize capital construction projects pursuant to part 1 of this article.
C.R.S. § 22-30-110 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-110
22-30-110. Names certified to commissioner
Status: in_force

22-30-110. Names certified to commissioner. When any committee has been appointed, as provided in section 22-30-106 (2), the secretary thereof shall certify to the commissioner the names and post office addresses of each member of such committee, indicating the persons elected as chair and vice-chair. Any change in the personnel or officers of such committee shall be likewise certified to the commissioner.
C.R.S. § 22-105.5-106 — CO Code / Title 22 / Article 105.5 / Section 22-105.5-106
22-105.5-106. Reporting requirements
Status: in_force

22-105.5-106. Reporting requirements. (1) On or before July 1, 2025, and on or before July 1 each year thereafter in which a grant is awarded, each grantee shall submit a report to the department. At a minimum, the report must include the following information:

(a) The unique student identifier that is assigned pursuant to section 22-16-105 (1) or the name, date of birth, and enrolled school for each student who participates or participated in the out-of-school time program during the preceding year;

(b) The total number of hours for each student who participates or participated in the out-of-school time program during the preceding year;

(c) A detailed description of how and when the grant recipient used the grant award, including before school, after school, seasonal breaks, staff in-service days, staff conference days, or the fifth day of the week if the program serves students who are enrolled in a public school that operates on a four-day week;

(d) Measures of performance, including student attendance; earned on-time grade level promotion; evidence of increased family engagement in the student's education; evidence of increased engagement in school, including assignment completion; and improved social and emotional skills; and

(e) Evidence of student academic achievement in reading, language arts, mathematics, and science.

(2) An eligible entity that receives a grant from the grant program may enter into a data-sharing agreement with the department, school district, or a school to collect data relevant for the reporting requirements pursuant to this section.

(3) The department shall not continue to provide grant funding to the grant recipient unless the grant recipient complies with the reporting requirements pursuant to this section.

(4) The department shall conduct a thorough evaluation of the grant program, including, at a minimum, academic outcomes, attendance outcomes, and other outcome data provided by grantees pursuant to this section. In conducting the evaluation, the department shall use student-level data on the academic performance indicators, including, at a minimum, state assessment performance scores, attendance data, and other data as necessary.

(5) On or before March 31, 2026, and on or before March 31 each year thereafter for the duration of the grant program, the department shall submit a summarized report of information provided by the eligible entities that received a grant to the education committees of the senate and the house of representatives, or any successor committees.

(6) The eligible entity and the department, school district, or school that shares data pursuant to subsection (2) of this section, and the department in producing the report pursuant to subsection (5) of this section, shall comply with all federal and state laws regarding the protection of student data, including the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and the "Student Data Transparency and Security Act", article 16 of this title 22.

(7) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this section continue indefinitely.
C.R.S. § 22-1-144 — CO Code / Title 22 / Article 1 / Section 22-1-144
22-1-144. Purple star school program - creation - rules - definitions
Status: in_force

22-1-144. Purple star school program - creation - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Board of cooperative services" or "BOCES" means a board of cooperative services created and operating pursuant to article 5 of this title 22.

(b) "Department" means the department of education created in section 24-1-115.

(c) "Military-connected student" means a student enrolled in a school of a school district, district charter school, institute charter school, or BOCES who is a dependent of a:

(I) Current or former member of the United States military;

(II) United States department of defense active-duty service member;

(III) Colorado National Guard member;

(IV) United States military reserves member; or

(V) Member of the United States military, Colorado National Guard, or United States military reserves killed in the line of duty.

(d) "Public school" means a school of a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a BOCES.

(e) "Purple star school program" or "program" means the purple star school program created in subsection (2) of this section.

(2) (a) The purple star school program is created in the department. The purpose of the program is to designate as purple star schools public schools that provide services and supports to military-connected students and their families to mitigate academic and social-emotional challenges related to frequent moves, new schools, parental deployments, and different social circles and experiences.

(b) The department shall create:

(I) An application for a public school to apply for a purple star school designation;

(II) A rubric to measure whether a public school qualifies for a purple star school designation, which must identify:

(A) The required program implementation steps that correspond to subsection (3) of this section; and

(B) Evaluation criteria to provide feedback to a public school on the public school's readiness to implement the program; and

(III) A timeline for a public school to apply for and to renew the purple star school designation.

(c) The department shall designate a public school as a purple star school if the public school applies and qualifies for the designation pursuant to the rubric described in subsection (2)(b)(II) of this section.

(3) (a) To qualify as a purple star school, a public school shall:

(I) Designate a staff member as a military liaison, who shall perform the following duties:

(A) Identify military-connected students enrolled at the public school;

(B) Serve as the point of contact between the public school campus and military-connected students and their families;

(C) Determine appropriate school services available to military-connected students; and

(D) Determine whether military-connected students have access to the appropriate counseling services, mentorship services, volunteer opportunities, and student support services;

(II) Create and maintain on the public school's website an accessible web page that includes resources for military-connected students and their families, including the following information:

(A) How to relocate to, enroll in, register for, and transfer records to the public school;

(B) Academic planning, course sequences, and advanced courses available at the public school;

(C) Counseling and other support services available for military-connected students enrolled at the public school; and

(D) The name of the designated military liaison for the public school and the military liaison's duties as described in subsection (3)(a)(I) of this section;

(III) Establish and maintain a student-led transition program that assists military-connected students who are relocating to the public school;

(IV) Offer professional development for educators and staff on issues related to military-connected students; and

(V) Offer at least one of the following initiatives:

(A) A public school resolution published on the public school's website showing support for military-connected students and their families;

(B) Celebrations in April and November to recognize military children and military families, with associated events hosted by the public school;

(C) A partnership with a local military installation that facilitates opportunities for military members to volunteer on the public school's campus, speak at a public school assembly, or host a field trip; or

(D) Student-driven clubs and groups that show community-family engagement for military-connected students and their families.

(b) The department may establish additional criteria to identify public schools committed to supporting military-connected families, including:

(I) Hosting an annual military recognition event;

(II) Partnering with a school liaison program manager from a military installation;

(III) Supporting projects that connect the public school to the military community; or

(IV) Providing outreach to military-connected students and their families.

(4) During the first week of April each year, the governor, or the governor's designee, shall recognize each purple star school and present the purple star schools with a certificate.

(5) A purple star school designation is valid for three years.

(6) The department may promulgate rules for the implementation of this section.
C.R.S. § 22-40-107 — CO Code / Title 22 / Article 40 / Section 22-40-107
22-40-107. Short-term loans
Status: repealed

22-40-107. Short-term loans. (1) The board of education of any school district may negotiate or contract with any person, corporation, association, or company for a loan not to exceed the difference between the anticipated revenues for the current fiscal year for the general fund and the amount credited to date to said general fund in order to eliminate the necessity of issuing registered warrants upon said general fund. Such loan shall be liquidated within six months of the close of the fiscal year from moneys subsequently credited to said general fund.

(2) Repealed.
C.R.S. § 22-30.5-703 — CO Code / Title 22 / Article 30.5 / Part 7 / Section 22-30.5-703
22-30.5-703. Emergency powers - request - orders - process - rules
Status: reserved

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.

(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.

(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.

(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. § 22-7-1018 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1018
22-7-1018. Cost study
Status: in_force

22-7-1018. Cost study. (1) (a) On or before September 15, 2009, the department of education, in consultation with the department of higher education, shall contract with an independent entity to conduct a study of the costs of implementing the provisions of this part 10. At a minimum, the study shall address the anticipated costs to be incurred by the department of education, the department of higher education, local education providers, and state institutions of higher education in implementing the provisions of this part 10.

(b) In selecting an independent entity to conduct the cost study, the department of education shall consult with the department of higher education and shall ensure that the selected entity has expertise in school finance and higher education finance statutes and issues in this state and nationally.

(c) At a minimum, the cost study shall address the costs associated with:

(I) Reviewing, adopting, and implementing standards and curricula to meet or exceed the newly adopted preschool through elementary and secondary education standards, including but not limited to implementing the English language competency standards and providing services and supports as required in section 22-7-1016 (5);

(II) Implementing the assessment system for the preschool through elementary and secondary education standards;

(III) Implementing the school readiness description and assessments, including creating and implementing individualized readiness plans;

(IV) Incorporating career and technical education standards into the curricula;

(V) Aligning the preschool, elementary, secondary, and postsecondary education curricula with the postsecondary and workforce readiness description;

(VI) Making changes to the postsecondary admissions processes and publications to take into account the postsecondary and workforce readiness description and the assessments administered pursuant to section 22-7-1006.3 to students enrolled in high school; and

(VII) Reviewing, adopting, and implementing standards in educator preparation programs to incorporate the preschool through elementary and secondary education standards, the school readiness description, the system of assessments, the individualized readiness plans, and the postsecondary and workforce readiness description.

(2) The entity selected to conduct the cost study shall submit reports to the department of education and the department of higher education in accordance with the following timeline:

(a) On or before March 1, 2010, a report of the costs pertaining to adoption and implementation of the school readiness description; the preschool through elementary and secondary education standards, including but not limited to the English language competency standards; and the postsecondary and workforce readiness description;

(b) On or before October 1, 2011, a report of the costs pertaining to implementation of the school readiness assessments and the system of assessments that is aligned with the preschool through elementary and secondary education standards; and

(c) On or before October 1, 2014, a report of the costs pertaining to implementation of the diploma endorsements.

(3) As soon as possible following receipt of each report specified in subsection (2) of this section, the department of education shall submit the report to the joint budget committee of the general assembly and to the education committees of the senate and the house of representatives, or any successor committees.
C.R.S. § 22-30.5-517 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-517
22-30.5-517. Institute charter school nutritional beverage policy
Status: in_force

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. § 22-30.5-530 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-530
22-30.5-530. Testing for the presence of lead in drinking water in eligible schools - complia
Status: repealed

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. § 22-7-1006 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1006
22-7-1006. Preschool through elementary and secondary education - aligned assessments - ado
Status: in_force

22-7-1006. Preschool through elementary and secondary education - aligned assessments - adoption - revisions. (1) (a) On or before December 15, 2010, or as soon thereafter as fiscally practicable, the state board shall adopt a system of assessments that are aligned with the preschool through elementary and secondary education standards and are designed to measure students' levels of attainment of the standards and to longitudinally measure students' academic progress toward attaining the standards and toward attaining postsecondary and workforce readiness. In adopting the system of assessments, the state board shall ensure, at a minimum, that the system is designed to:

(I) Provide relevant, timely results that will aid teachers, parents, and students in identifying areas in which students may need additional support or assistance in attaining the standards;

(II) Facilitate and ensure longitudinal measurement of students' academic growth over time;

(III) Provide guidance to teachers, parents, and students in determining whether each student is making the necessary progress toward achieving postsecondary and workforce readiness;

(IV) Provide results that may be used across multiple education systems as a student progresses from preschool through elementary and secondary education and into postsecondary education;

(V) Maintain a high level of accountability across the state for students, schools, and school districts;

(VI) Comply with the requirements of federal law with regard to statewide standardized testing; and

(VII) Provide assessment scores that are useful in measuring student academic performance, the academic performance of a school, and the academic performance of a school district for purposes of state and federal accountability systems.

(b) In adopting a system of assessments, the state board shall give consideration to the use of authentic assessment methods, such as portfolios, projects, and performances, so long as the assessment methods are valid and reliable, employ standard scoring criteria, and align with the preschool through elementary and secondary education standards.

(c) In adopting a system of assessments, the state board shall also adopt scoring criteria for measuring a student's level of attainment of a standard based on the student's performance on a particular assessment and for measuring a student's progress toward attaining postsecondary and workforce readiness.

(d) In adopting a system of assessments, the state board shall also make recommendations concerning a system of ratings for public schools that recognizes each school's success in supporting the longitudinal academic growth of the students enrolled in the public schools and in achieving adequate yearly progress as required by federal law.

(e) In adopting a system of assessments, the state board shall recommend legislative changes as necessary to implement the system and the proposed changes to the system of ratings for public schools.

(f) The state board shall ensure that the assessments adopted pursuant to this section are a combination of constructed response and selected response tasks that require the student to produce information or perform tasks in a way that the student's skills and competencies can be measured.

(1.5) Colorado shall participate as a governing board member, at least until January 1, 2014, in a consortium of states that focuses on the readiness of students for college and careers by developing a common set of assessments. On or before January 1, 2014, and on or before each January 1 thereafter, if Colorado is a governing board member of the consortium of states, the state board is strongly encouraged to conduct a fiscal and student achievement benefit analysis of Colorado remaining a governing board member of the consortium. If adopting the system of assessments that is aligned with the state standards for reading, writing, and mathematics, the state board shall rely upon assessments developed by the consortium of states.

(2) In adopting the system of assessments, the state board shall ensure that the assessments it adopts that are administered in high school are designed to enable a student to demonstrate postsecondary and workforce readiness by the time the student graduates from high school.

(3) In adopting an assessment that is aligned with the state standards for writing, the state board shall:

(a) Ensure that any writing assessment that is included within the system of assessments can be evaluated and the results returned to the local education providers in a timely manner and that the assessment is designed to provide relevant, useful results; and

(b) Seek input from local education providers concerning the writing assessments used by each local education provider, the usefulness of the assessments, and recommendations from the local education provider concerning writing assessments that would be effectively used at a statewide level.

(4) The state board shall modify the system of assessments adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012.

(5) (a) Every six years after the adoption of the system of assessments pursuant to paragraph (a) of subsection (1) of this section, the state board shall review and adopt any appropriate revisions or updates to the system of assessments, including any assessments administered in languages other than English. The state board may adopt revisions to an assessment or adopt additional assessments, regardless of whether it adopts any revision to the standards with which the assessment is aligned. In adopting revisions to the system of assessments, the state board shall ensure that the system of assessments continues to meet the requirements specified in this section. The department of education shall review and update the administration and security policies for assessments as necessary to maintain the integrity of the assessments.

(b) In reviewing the assessments administered to students enrolled in high school, the state board shall adopt any revisions that may be necessary to ensure that the assessments are aligned with any revisions to the description of postsecondary and workforce readiness adopted by the state board and the commission pursuant to section 22-7-1008 (3)(a).
C.R.S. § 22-20-114.5 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-114.5
22-20-114.5. Special education fiscal advisory committee - special education high-cost grants
Status: repealed

22-20-114.5. Special education fiscal advisory committee - special education high-cost grants - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Committee" means the Colorado special education fiscal advisory committee created in subsection (2) of this section.

(b) "High costs" means the costs incurred by an administrative unit above a threshold amount determined pursuant to paragraph (e) of subsection (3) of this section in providing special education services, either directly or by contract, to a child with disabilities regardless of the child's district of residence.

(c) Repealed.

(2) (a) There is hereby created the Colorado special education fiscal advisory committee in the department. The committee shall consist of twelve members as follows:

(I) A representative from the unit in the department responsible for the administration of special education programs;

(II) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1497, § 20, effective August 10, 2011.)

(III) A special education director from a board of cooperative services with expertise in special education finance selected by the state board based on a recommendation from the statewide association that represents boards of cooperative services;

(IV) A business official from a small rural administrative unit to be selected by the state board based on a recommendation from a statewide association of school executives;

(V) A business official from a large urban or suburban administrative unit to be selected by the state board based on a recommendation from a statewide association of school executives; and

(VI) Eight special education specialists with appropriate statewide geographic representation to be selected by the state board based on recommendations from a statewide consortium of special education directors.

(b) The members of the committee shall serve without compensation but shall be reimbursed by the department for any necessary expenses incurred in the conduct of their official duties on the committee.

(c) This subsection (2) is repealed, effective September 1, 2031. Before its repeal, the committee is scheduled for review in accordance with section 2-3-1203.

(3) (a) An administrative unit that incurs high costs in providing special education services to a child with disabilities may apply for a high cost grant to recover all or a portion of such high costs. To receive a grant, an administrative unit shall apply to the committee in a form and manner determined by the committee and provide such information as may be requested by the committee to document the administrative unit's high costs.

(a.5) Of the total amount appropriated in a budget year for the purpose of awarding grants pursuant to this section, the committee shall use fifty percent of the amount to award grants to administrative units that have one or more children being served in an out-of-district placement for special education services and fifty percent of the amount to award grants to administrative units with one or more children being served in an in-district placement for special education services.

(b) (I) Subject to the requirements of subsection (3)(a.5) of this section, the committee has the discretion to award a grant to an administrative unit that applies and qualifies to receive a grant pursuant to subsection (3)(a) of this section. In determining whether to award a grant to an administrative unit and the amount of the grant to be awarded, the committee shall consider the administrative unit's annual audited operating expenses for the preceding budget year, or the administrative unit's annual audited operating expenses for one year prior to the preceding budget year if the annual audited operating expenses for the most recent preceding budget year are not available, and the percentage of the administrative unit's annual audited operating expenses, or the administrative unit's annual audited operating expenses for one year prior to the preceding budget year if the annual audited operating expenses for the most recent preceding budget year are not available, that represents the high costs incurred by the administrative unit in the preceding budget year. All grants awarded by the committee are subject to approval by the state board.

(II) (A) In awarding grants pursuant to this section to administrative units that have one or more children being served in an out-of-district placement for special education services, the committee shall first prioritize those administrative units that spent the highest percentages, based on the administrative unit's annual audited operating expenses, in the preceding budget year on high costs incurred in providing special education services to children in such out-of-district placements.

(B) In awarding grants pursuant to this section to administrative units with one or more children being served in an in-district placement for special education services, the committee shall first prioritize those administrative units that spent the highest percentages, based on the administrative unit's annual audited operating expenses, in the preceding budget year on high costs incurred in providing special education services to children in such in-district placements.

(c) An administrative unit shall not receive a grant in an amount that exceeds one hundred percent of the high costs that the administrative unit incurred in the preceding budget year.

(d) The committee shall not award a grant to an administrative unit that fails to provide the department with the data collected concerning special education programs, as required by section 22-20-114 (6), including the count of assessed special education students.

(e) For the purpose of grants awarded in the 2006-07 budget year, the threshold amount of costs incurred in providing special education services to a child with disabilities above which an administrative unit may receive reimbursement in the form of a grant pursuant to the provisions of this subsection (3) is forty thousand dollars. For the purpose of grants awarded in the 2007-08 budget year and each budget year thereafter, the committee shall annually determine the threshold amount of costs incurred in providing special education services to a child with disabilities above which an administrative unit may receive reimbursement in the form of a grant.

(4) (a) The department shall gather and provide to the committee data that includes but need not be limited to the following:

(I) The extent to which the amount appropriated pursuant to section 22-20-114 (1) is distributed based on the needs of children with disabilities and the severity of the needs of such children;

(II) The number of children with disabilities who receive special education services from each administrative unit and the nature of the disability of each child who receives special education services from each administrative unit;

(III) Patterns of identifying children with disabilities that include but need not be limited to recognized incidence rates of over- and under-identification of children with disabilities at the administrative unit, state, and national levels;

(IV) The number of hours of special education services that each administrative unit provides, disaggregated by disability; and

(V) The percentage of the school day during which children with disabilities receive special education services from the administrative unit, disaggregated by disability.

(b) On or before January 1, 2008, the committee shall submit to the state board, the education committees of the house of representatives and the senate, or any successor committees, a statewide organization of special education directors, and the financial policies and procedures advisory committee created in the department, a report that includes but need not be limited to the following:

(I) The information that the department gathered pursuant to paragraph (a) of this subsection (4) and any analysis conducted by the committee;

(II) Recommended changes, if any, to the manner of distributing funds to administrative units for special education programs pursuant to section 22-20-114 (1)(a) and (1)(b); and

(III) Recommended changes, if any, to the categorization of children with disabilities pursuant to section 22-20-114 (1)(b) and (1)(c) for the purpose of distributing funds for the provision of special education programs.

(5) On January 15, 2008, and on January 15 of each year thereafter, the committee shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to a list of the administrative units that applied for and received a grant pursuant to subsection (3) of this section during the preceding budget year.

(6) (a) In addition to awarding grants pursuant to subsection (3) of this section, the committee shall award high-cost special education trust fund grants and report on those grants pursuant to section 22-20-114.7.

(b) This subsection (6) is repealed, effective July 1, 2027.

(7) On or before January 1, 2023, the committee shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to:

(a) An analysis of funding for special education services in other states compared to the funding model used in Colorado, with a focus on the proportionate shares provided by federal, state, and local funding and how other states fund different categories of disabilities to target the needs of children with disabilities;

(b) An analysis of the actual costs to provide special education services to children with disabilities in Colorado;

(c) An analysis of the effectiveness of the current funding model for special education services and whether the current funding model adequately supports special education services;

(d) An examination of the high-cost special education trust fund created in section 22-20-114.7, including how the high-cost special education trust fund is currently operating, who is receiving funding from the high-cost special education trust fund, and how the high-cost special education trust fund impacts those who receive funds;

(e) An analysis of the current disability categories for children with disabilities described in section 22-20-103 (5)(a) and whether the disability categories are sufficient for meeting the needs of children with disabilities; and

(f) Recommended changes, if any, to the special education services funding model described in section 22-20-114.
C.R.S. § 22-10-107 — CO Code / Title 22 / Article 10 / Part 1 / Section 22-10-107
22-10-107. Adult education and literacy grant fund - created
Status: repealed

22-10-107. Adult education and literacy grant fund - created. (1) (a) There is created in the state treasury the adult education and literacy grant fund, referred to in this section as the "fund", consisting of any moneys received by the department pursuant to subsection (2) of this section.

(b) The moneys in the fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article.

(c) Notwithstanding any provision of this part 1 to the contrary, the department, the office, and the state board are not required to implement the provisions of this article unless the general assembly appropriates sufficient state moneys to the fund to offset the costs of implementing the article.

(d) The state treasurer may invest, as provided by law, any moneys in the fund not expended for the purpose of this part 1. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the fund and shall not be credited or transferred to the general fund or another fund.

(e) Repealed.

(2) The department may receive and expend gifts, donations, or grants of any kind from any public or private entity to carry out the purposes of this article, subject to the terms and conditions under which given; except that the department shall not accept a gift, donation, or grant if the conditions attached to the gift, donation, or grant require the use or expenditure of the gift, donation, or grant in a manner contrary to law. The department shall transmit to the state treasurer any gifts, donations, or grants received pursuant to this subsection (2), and the state treasurer shall credit these amounts to the fund. Implementation of the grant program is not conditioned on the receipt of gifts, donations, or grants pursuant to this subsection (2).
C.R.S. § 22-42-104.5 — CO Code / Title 22 / Article 42 / Section 22-42-104.5
22-42-104.5. Pro rata distribution of bond revenues to qualified charter schools
Status: repealed

22-42-104.5. Pro rata distribution of bond revenues to qualified charter schools. (Repealed)
C.R.S. § 22-1-146 — CO Code / Title 22 / Article 1 / Section 22-1-146
22-1-146. Recovery school grant program - created - eligibility - reporting - definitions
Status: repealed

22-1-146. Recovery school grant program - created - eligibility - reporting - definitions - rules - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Department" means the department of education.

(b) "Grant program" means the recovery school grant program created in subsection (2) of this section.

(c) "Recovery school" means a school that:

(I) Educates and supports students in recovery from substance use or co-occurring disorders, including self-harm and disordered eating;

(II) Intends that all students enrolled are working in an active and abstinence-focused program of recovery as determined by the student and the school; and

(III) Provides support for families learning how to live with, and provide support for, their teens who are entering into the recovery lifestyle.

(2) (a) The recovery school grant program is created within the department. The purpose of the grant program is to provide grants to recovery schools for expenses related to assisting students who are living a life of sobriety.

(b) Grant recipients may use the money received through the grant program for expenses related to assisting students who are living a life of sobriety.

(c) Subject to available appropriations, the department shall administer the grant program and shall award grants as provided in this section. Grants must be paid out of money appropriated for the grant program as provided in subsection (5) of this section.

(d) The department shall implement the grant program in accordance with this section. The commissioner of education may promulgate the rules required in this section and any additional rules necessary to implement the grant program.

(3) (a) To receive a grant, a recovery school must submit an application to the department in accordance with rules promulgated by the executive director of the department.

(b) The department shall review the applications received pursuant to this section.

(c) On or before January 1, 2025, the department shall award grants as provided in this section. The department shall distribute the grant money within fourteen days after awarding the grants.

(4) On or before July 1, 2025, each recovery school that receives a grant through the grant program shall submit a report to the department detailing how the recovery school used the grant money.

(5) For the 2024-25 state fiscal year, the general assembly shall appropriate fifty thousand dollars from the general fund to the department to implement the grant program.

(6) This section is repealed, effective September 1, 2026.
C.R.S. § 22-106-101 — CO Code / Title 22 / Article 106 / Section 22-106-101
22-106-101. Legislative declaration
Status: in_force

22-106-101. Legislative declaration. (1) The general assembly finds that:

(a) The state is committed to increasing the number of students who graduate from a Colorado high school, enroll in a Colorado institution of higher education, and graduate with a postsecondary credential in two to four academic years;

(b) Several states have implemented a summer residential education program for high school students who demonstrate exceptional intellectual curiosity, creativity, and maturity. While participating in the summer program, students attend classes, lectures, seminars, concerts, art exhibits, theatrical performances, and films and have the opportunity to learn independently and from distinguished faculty, staff members, and guest lecturers.

(c) The summer residential education programs implemented in other states have:

(I) Successfully developed a civic voice among the states' best students so that they graduate from high school as civic participants;

(II) Prepared motivated students to participate in a competitive workforce;

(III) Helped to create young leaders who are energized to find solutions for the pressing issues facing their states; and

(IV) Motivated students to remain in their home states for their postsecondary education and careers; and

(d) A high percentage of the students who have participated in the summer residential education programs have subsequently enrolled in postsecondary education in their home states and earned a baccalaureate degree in four years.

(2) The general assembly finds, therefore, that it is in the best interests of the state to continue the Colorado student leaders institute using the model of summer residential education programs implemented in other states and to appropriate state money to ensure the successful operations of the institute for the benefit of Colorado high school students.

(3) The general assembly further finds that, for purposes of section 17 of article IX of the state constitution, the Colorado student leaders institute is an accountable program that assists students in meeting state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-45-103 — CO Code / Title 22 / Article 45 / Section 22-45-103
22-45-103. Funds
Status: repealed

22-45-103. Funds. (1) The following funds are created for each school district for purposes specified in this article 45.

(a) General fund. (I) All revenues, except those revenues attributable to the bond redemption fund, the capital reserve fund, the special building and technology fund, a fund created solely for the management of risk-related activities, and any other fund authorized by this section or by the state board of education, as provided in subsection (2) of this section, shall be accounted for in the general fund. Any lawful expenditure of the school district, including any expenditure of a nature that could be made from any fund, may be made from the general fund. All expenditures from the general fund shall be recorded therein.

(II) Moneys allocated pursuant to the provisions of section 22-54-105 (1) shall be recorded in the instructional supplies and materials account, the instructional capital outlay account, and the other instructional purposes account in the general fund. Expenditures from the instructional supplies and materials account shall be limited to instructional supplies and materials, expenditures from the instructional capital outlay account shall be limited to instructional capital outlay, and expenditures from the other instructional purposes account shall be limited to other instructional purposes. Moneys in such accounts may not be expended for any other purpose. Moneys may be transferred among the three accounts but may not be transferred to any other account in the general fund or to any other fund of the school district. Any moneys in such accounts which are not projected to be expended during a budget year shall be budgeted for the purposes set forth in this subparagraph (II) in the next budget year. Nothing in this subparagraph (II) shall be construed to require that interest on moneys in such accounts be specifically allocated to such accounts.

(III) Repealed.

(IV) Moneys collected pursuant to section 22-32-109.8 (9) shall be credited to the fingerprint processing account. Moneys in said account shall be used for the purposes set forth in section 22-32-109.8 and may not be expended by the district for any other purpose; however, moneys in said account shall not be used for the purposes of section 22-32-109.8 (6). Any moneys in said account which are not expended during a budget year shall be carried forward and budgeted for the purposes set forth in section 22-32-109.8 in the next budget year.

(V) The revenues from a tax levied pursuant to section 22-40-109 shall be credited to the school facilities account. Moneys in said account shall be used for the purposes set forth in section 22-40-109 and may not be expended by the district for any other purpose. Any moneys remaining in the account at the end of any fiscal year shall remain in the account and may be budgeted in the next fiscal year.

(VI) Repealed.

(b) Bond redemption fund. (I) The revenues from a tax levy for the purpose of satisfying bonded indebtedness obligations, both principal and interest, shall be recorded in the bond redemption fund, which shall be administered by at least one third-party custodian designated by the school district as provided in subparagraph (V) of this paragraph (b), unless the school district meets one of the exceptions specified in subparagraph (VI) or (VII) of this paragraph (b). The bond redemption fund may include more than one subsidiary account for which a separate tax levy is made to satisfy the obligations of bonded indebtedness, including a separate tax levy to satisfy the obligations of bonded indebtedness incurred by a former school district. The revenues from each separate tax levy shall be held in trust for the purpose of satisfying the obligations of the bonded indebtedness for which the tax levy was made; except that revenues, if any, remaining to the credit of a separate subsidiary account after satisfaction of all such obligations of that subsidiary account may be transferred to another subsidiary account in the same fund.

(II) The revenues from a tax levy for the purpose of making payments for which the district is obligated under an installment purchase agreement or under a lease or rental agreement having a term of more than one year, which has been approved at an election pursuant to section 22-32-127 (2), for the purpose of obtaining the use of real property or equipment for school sites, buildings, or structures or for any school purpose authorized by law shall also be recorded in the bond redemption fund. Subsidiary accounts may be established if separate tax levies are made for different installment purchase agreements, or for different lease or rental agreements, and the revenues in such accounts may be expended and treated in the same manner as revenues from a tax levy to satisfy bonded indebtedness obligations.

(III) Nothing in subparagraph (II) of this paragraph (b) or in section 22-32-127 shall be construed to authorize a school district to make any levy for its bond redemption fund, or to use any moneys in its bond redemption fund, to make payments with regard to any installment purchase agreement or lease or rental agreement with an option to purchase which has not been approved at an election.

(IV) Moneys in the bond redemption fund shall be used only for the payment of principal and interest on obligations of the school district having a term greater than one year and approved at an election, which obligations constitute an indebtedness of the school district. Whenever the issuance of refunding bonds or other refunding obligations of the district results in moneys on deposit in the bond redemption fund which are not needed to satisfy the principal and interest obligations of the district as they become due, such moneys shall be used to reduce the levy for the bond redemption fund in future years or to pay any then existing obligations of the district payable from the bond redemption fund at a date earlier than they become due.

(V) Except as otherwise provided in subparagraph (VI) or (VII) of this paragraph (b), on or before July 1, 2003, each school district shall select at least one commercial bank or depository trust company that has full trust powers, is located within the state of Colorado, and is a member of the federal deposit insurance corporation to act as a third-party custodian to administer the school district's bond redemption fund. A school district may select multiple third-party custodians to administer the district's bond redemption fund, so long as each custodian selected meets the requirements for a custodian specified in this subparagraph (V). The custodian shall be responsible for making payments from the bond redemption fund as provided by law. The custodian, with the agreement of the school district, may withdraw any or all of the moneys in the bond redemption fund that are temporarily not needed to satisfy the school district's obligations, for purposes of depositing or investing the moneys in any investments permitted by law.

(VI) A school district is not required to designate a third-party custodian to administer the school district's bond redemption fund if the county treasurer keeps the funds and accounts of the school district as provided in section 22-40-104. A school district is not required to designate a third-party custodian to administer any portion of the school district's bond redemption fund that consists of revenues received from bonds or other obligations for which the school district has given notice to the state treasurer that it will not accept payment by the state treasurer on behalf of the school district as provided in section 22-41-110 (1)(a).

(VII) A school district is not required to select a commercial bank or depository trust company that has full trust powers to administer the school district's bond redemption fund if the school district places the funds in an escrow account with a financial institution eligible to receive public deposits, pursuant to escrow instructions which are acceptable to the state treasurer. At a minimum, the escrow instructions shall include provisions prohibiting payment or transfer of the funds to the school district without the state treasurer's prior written consent.

(c) Capital reserve fund. (I) Moneys allocated pursuant to the provisions of section 22-54-105 (2) shall be transferred from the general fund and recorded in the capital reserve fund along with the revenues received pursuant to section 39-5-132, C.R.S. Such revenues may be supplemented by gifts, grants, and donations. Unencumbered moneys in the fund may be transferred to a fund or an account within the general fund established in accordance with generally accepted accounting principles 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., by resolution of the board of education when such transfer is deemed necessary by the board; except that a local board of education may, in its discretion, transfer any unrestricted moneys into or out of the capital reserve fund in the 2009-10 budget year or any budget year thereafter. Nothing in this subparagraph (I) shall be construed to prohibit a local board of education from transferring unrestricted moneys from the general fund or any other fund to the capital reserve fund in the 2009-10 budget year or any budget year thereafter. Except as provided in subparagraph (V) of this paragraph (c), expenditures from the fund shall be limited to long-range capital outlay expenditures and shall be made only for the following purposes:

(A) Any acquisition of land, improvements, construction of structures or addition to existing structures, and acquisition of equipment and furnishings;

(B) and (C) (Deleted by amendment, L. 2000, p. 520, § 5, effective August 2, 2000.)

(D) Alterations and improvements to existing structures;

(E) Acquisition of a school vehicle, as defined in section 42-1-102 (88.5), C.R.S., or other equipment, except equipment specified in sub-subparagraph (H) of this subparagraph (I);

(F) Any installment purchase agreements or lease agreements with an option to purchase for a period not to exceed twenty years and any lease agreement without the option to purchase entered into by a school district or a charter school;

(G) Any software licensing agreement;

(H) Acquisition of computer equipment.

(II) Expenditures from the fund, other than for installment purchase agreements with an option to purchase, as provided in subparagraph (II.5) of this paragraph (c), shall be authorized by a resolution adopted by the board of education of a school district at any regular or special meeting of the board. The resolution shall specifically set forth the purpose of the expenditure, the estimated total cost of the project, the location of the structure to be constructed, added to, altered, or repaired, a description of any school vehicles or equipment to be purchased, and where such equipment will be installed.

(II.5) A board of education may enter into an installment purchase agreement or lease agreement with option to purchase for a period exceeding one year and not to exceed twenty years for expenditures from the fund if the agreement is first approved by a majority of the eligible electors of the district voting on the question at an election held pursuant to this subparagraph (II.5). The board of education may submit to the eligible electors of the district the question of whether to enter into such an agreement at any general election, regular biennial school election, or special election called for such purpose. The secretary of the board of education shall be the designated election official and shall conduct the election pursuant to articles 1 to 13 of title 1, C.R.S. Any special election called pursuant to this subparagraph (II.5) shall be held on the first Tuesday after the first Monday in February, May, October, November, or December. The question of whether to enter into an installment agreement or lease agreement with option to purchase may be submitted or resubmitted after the same, or after any other such question, has previously been rejected at an election held pursuant to this subparagraph (II.5), but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of education of any school district shall not submit any question of entering into such an agreement at more than two elections within any twelve-month period. The board of education of a school district may enter into an installment purchase agreement or lease agreement with option to purchase for a term not to exceed twenty years for the purposes provided for in sub-subparagraph (F) of subparagraph (I) of this paragraph (c). When authorized by the election as provided in this subparagraph (II.5), the agreement shall be valid, binding, and enforceable between the parties to the agreement. The provisions of this subparagraph (II.5) shall have no application to any installment purchase agreement or lease agreement with option to purchase, even though the term thereof may be greater than one year, if the district's obligation to make payments thereunder is expressly subject to the making of annual appropriations therefor in accordance with law. This subparagraph (II.5) shall have no application to any lease agreement with option to purchase for a period of one year or less, including lease agreements consisting of a series of one-year terms renewable at the option of the district.

(III) Any balance remaining upon the completion of any authorized project may be encumbered for future projects which are authorized as provided in this paragraph (c).

(IV) The revenues from a tax levied pursuant to section 22-40-110 shall be credited to the capital reserve fund. Moneys in said fund shall be used for the purposes set forth in section 22-40-110 and may not be expended by the district for any other purpose. Any moneys remaining in the fund at the end of any fiscal year shall remain in the fund and may be budgeted in the next fiscal year.

(V) Upon receipt from a school district of an accounting of any expenditures made or moneys encumbered for the purchase of new textbooks in the 2002-03 budget year, including copies of invoices, contracts, or other documentation of the amount and purpose of the expenditures or encumbrances, the department of education may allow the school district to expend moneys from the district's capital reserve fund during the 2002-03 and 2003-04 budget years to offset the elimination of additional moneys that the district would have received in the 2002-03 budget year pursuant to section 22-54-105 (1)(b)(III) to purchase new textbooks; except that any expenditure of moneys from the fund made pursuant to this subparagraph (V) shall be limited to the amount of moneys the district has expended or encumbered as of January 31, 2003, for the purchase of new textbooks.

(d) Special building and technology fund. (I) The revenues from a tax levy for the purpose of acquiring, maintaining, or constructing schools or for the purchase and installation of instructional and informational technology shall be recorded in the special building and technology fund to remain in the custody of the treasurer of any district that has elected under law to withdraw its funds from the custody of the county treasurer or, in any other case, to the treasurer of the county in which the district is located and may be invested or deposited by such district or county treasurer pursuant to the provisions of sections 24-75-601.1, 24-75-602, and 24-75-603, C.R.S. Expenditures from the fund shall be limited to acquiring land; acquiring or constructing structures; maintaining structures to enhance their function, protect their value, and extend their economic life; and purchasing and installing instructional and informational technology, including expenditures for software and staff training related to the new technology.

(II) Expenditures from the fund shall be authorized by a resolution adopted by the board of education of a school district at any regular or special meeting of the board. The resolution shall specifically set forth the purpose of the expenditure, the estimated total cost of the project, and the location of the land to be acquired, the structure to be acquired or constructed, or the nature of the building security technology or instructional and informational technology to be acquired. Such resolution shall constitute authorization to the treasurer of any district that has elected under law to withdraw its funds from the custody of the county treasurer or, in any other case, to the treasurer of the county in which the district is located for application of the funds under his or her control to the specified expenditure.

(III) Any balance remaining upon the completion of any authorized project may be encumbered for future projects that are authorized as provided in this paragraph (d).

(IV) Any moneys in the fund that have not been authorized for expenditure within three years after being recorded in the fund shall revert to the capital reserve fund.

(e) Risk management reserves. Moneys allocated pursuant to the provisions of section 22-54-105 (2) shall be recorded in a fund or in an account within the general fund established in accordance with generally accepted accounting principles 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. Unencumbered moneys in such fund or account may be transferred to the capital reserve fund or to any other fund or account established solely for the management of risk-related activities by resolution of the board of education when such transfer is deemed necessary by the board; except that a local board of education may, in its discretion, transfer any unrestricted moneys into or out of such fund or account in the 2009-10 budget year or any budget year thereafter. Expenditures from any such fund or account shall be limited to the purposes set forth in section 24-10-115, C.R.S., and article 13 of title 29, C.R.S. Nothing in this paragraph (e) shall be construed to prohibit a local board of education from transferring unrestricted moneys from the general fund or any other fund to a fund or account for the management of risk-related activities in the 2009-10 budget year or any budget year thereafter.

(f) Transportation fund. The revenues from a tax levied or fee imposed for the purpose of paying excess transportation costs, as authorized pursuant to the provisions of section 22-40-102 (1.7) or the provisions of section 22-32-113 (5), and revenues received from the state pursuant to the provisions of section 22-51-102 (4) shall be deposited in the transportation fund of the district. Expenditures from the fund shall be limited to payment of transportation costs as authorized in the budget of the district. Any moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall be used to reduce the levy for transportation costs in future years.

(g) Repealed.

(h) Full-day kindergarten fund. (I) The revenues from a tax levied pursuant to section 22-54-108.5 for the purpose of paying excess full-day kindergarten program costs shall be deposited in the full-day kindergarten fund of the district. Expenditures from the fund shall be limited to payment of excess full-day kindergarten program costs as authorized in the budget of the district. Any moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall be used to reduce the levy for excess full-day kindergarten program costs in future years.

(II) The revenues from a tax levied pursuant to section 22-54-108.5 to meet the capital construction needs associated with a district's full-day kindergarten program shall be credited to the capital construction account in the district's full-day kindergarten fund. Moneys in the account shall be used to meet the district's capital construction needs associated with the full-day kindergarten program and may not be expended by the district for any other purpose. Any moneys remaining in the account at the end of any fiscal year shall remain in the account and may be budgeted in the next fiscal year.

(i) Reserved.

(j) Supplemental capital construction, technology, and maintenance fund. The revenue from a tax levied pursuant to section 22-54-108.7 for the purpose of providing ongoing cash funding for the capital construction, new technology, existing technology upgrade, and maintenance needs of a school district, and no other money other than interest and income credited to the fund pursuant to this paragraph (j), shall be deposited in the supplemental capital construction, technology, and maintenance fund of the district. The district may expend money from the fund only for the purpose of providing cash funding for capital construction, new technology, existing technology upgrade, and maintenance needs of the district and may not pledge any money in the fund for the repayment of any existing or new borrowing. All interest and income derived from the deposit and investment of money in the supplemental capital construction, technology, and maintenance fund shall be credited to the fund.

(k) Total program reserve fund - repeal. (I) A school district shall deposit the property tax revenues that it collects from a tax levy imposed pursuant to section 22-54-107 (5) in the total program reserve fund of the district. The district may expend money from the total program reserve fund only to offset the amount of a reduction in the district's state share caused by application of the budget stabilization factor pursuant to section 22-54-104 (5)(g); except that, in a budget year in which the school district levies for its total program the number of mills calculated pursuant to section 22-54-106 (2)(a)(II), (2.1)(b)(I)(C), or (2.1)(c)(I), whichever is applicable, if the balance of the total program reserve fund exceeds an amount equal to the district's total program for that budget year multiplied by the budget stabilization factor calculated pursuant to section 22-54-104 (5)(g) for that budget year, the district may expend the amount of the excess balance. Any money remaining in the fund at the end of a fiscal year must remain in the fund and may be used in future years only as provided in this subsection (1)(k).

(II) Repealed.

(III) This section is repealed, effective July 1, 2025.

(2) The state board of education may authorize by regulation additional funds not provided for in this section, together with proper accounting procedures for the same.

(3) Each school district shall ensure that the district holds unrestricted general fund or cash fund emergency reserves in the amount required under the provisions of section 20 (5) of article X of the state constitution; except that a district may designate property owned by the district as all or a portion of the required reserve in accordance with section 22-44-105 (1)(c.5).
C.R.S. § 22-44-111 — CO Code / Title 22 / Article 44 / Part 1 / Section 22-44-111
22-44-111. Budget - filing
Status: repealed

22-44-111. Budget - filing. (1) The board of education shall cause the adopted budget and the appropriation resolution to be placed on file at the principal administrative office of the school district, where they shall remain throughout the fiscal year and be open for inspection during reasonable business hours.

(2) and (3) Repealed.
C.R.S. § 22-37-103 — CO Code / Title 22 / Article 37 / Section 22-37-103
22-37-103. Definitions
Status: in_force

22-37-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Eligible participant" means any public school, as defined in section 22-1-101, that enrolls students in kindergarten through twelfth grades or any public or private agency operating in conjunction with any such public school.

(1.5) "Facility school" means an approved facility school as defined in section 22-2-402 (1).

(2) "In-home suspension" means a suspension pursuant to section 22-33-105 in which the student is suspended from participation in regular school activities but receives continuous educational instruction, supervision, and discipline in a home environment.

(3) "In-school suspension" means a period of time during which, pursuant to section 22-33-105, the student is prohibited from participating in regular school activities but remains in the school environment and continues to receive educational instruction, supervision, and discipline.

(4) "Program" means an in-school or in-school district suspension program or in-home suspension program authorized pursuant to this article.

(5) "State board" means the state board of education.

(6) "Suspended student" means a student suspended pursuant to section 22-33-105 or otherwise suspended by a facility school.
C.R.S. § 22-10-106 — CO Code / Title 22 / Article 10 / Part 1 / Section 22-10-106
22-10-106. Adult education and literacy - workforce development - meetings
Status: in_force

22-10-106. Adult education and literacy - workforce development - meetings. (1) The office shall convene periodic meetings of representatives of, at a minimum, the department of higher education, the department of labor and employment, the community college system, other adult education providers, other postsecondary education or training providers, and other workforce development providers to discuss, at a minimum:

(a) Ways to increase the communication and collaboration among adult education and literacy programs, elementary and secondary education programs, postsecondary education or training programs, and workforce development programs within the state; and

(b) The state's workforce development needs and the levels of unmet need for adult education within the state, including identifying particular areas of the state with significant unmet adult education needs.
C.R.S. § 22-32.5-108 — CO Code / Title 22 / Article 32.5 / Section 22-32.5-108
22-32.5-108. District of innovation - waiver of statutory and regulatory requirements
Status: in_force

22-32.5-108. District of innovation - waiver of statutory and regulatory requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:

(a) Any statutes specified in section 22-2-117 (1)(b);

(b) Any provision of article 64 of this title; or

(c) Any statutes that are not included in this title, including but not limited to article 51 of title 24, C.R.S.

(2) Each district of innovation continues to be subject to all statutes and rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:

(a) The state assessment requirements specified in section 22-7-1006.3;

(b) Article 11 of this title; and

(c) The requirements of the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq.

(3) Designation as a district of innovation must not affect a school district's:

(a) Total program funding calculated pursuant to the "Public School Finance Act of 2025", article 54 of this title 22; or

(b) Eligibility for funding under, or the amount received through, a categorical program, as defined in section 22-55-102 (4).

(4) Each district of innovation that receives a waiver pursuant to this section shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.

(5) (a) If the local school board for a district of innovation revises an innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.

(b) Except as otherwise provided in paragraph (a) of this subsection (5), a waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.
C.R.S. § 22-60.5-216 — CO Code / Title 22 / Article 60.5 / Part 2 / Section 22-60.5-216
22-60.5-216. Teacher and special services professional standards board - annual joint meeting
Status: repealed

22-60.5-216. Teacher and special services professional standards board - annual joint meeting - repeal. (Repealed)
C.R.S. § 22-11-210 — CO Code / Title 22 / Article 11 / Part 2 / Section 22-11-210
22-11-210. Public schools - annual review - plans - supports and interventions - rules
Status: repealed

22-11-210. Public schools - annual review - plans - supports and interventions - rules. (1) (a) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that a public school shall implement a performance, improvement, priority improvement, or turnaround plan or that a public school shall be subject to restructuring. In promulgating the rules, the state board shall place the greatest emphasis on attainment of the performance indicators.

(a.5) The department shall notify each school district and the institute of the initial recommendation of the type of plan that each district public school or institute charter school must adopt. If a school district or the institute disagrees with one or more of the department's initial plan recommendations, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the final plan recommendation, which may include:

(I) The length of time during which the public school has been unable to meet the statewide targets;

(II) The improvements, changes, and interventions the public school has implemented and is implementing to improve its performance if it is not meeting the statewide targets;

(III) The progress the public school is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the public school is not achieving the statewide targets;

(IV) The percentage of grade levels within the public school that are required to take statewide assessments;

(V) The pupil enrollment of the public school as it may affect the reliability of the assessment data;

(VI) For a high school, the percentages of students enrolled in the high school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and

(VII) Any supplemental data for grade levels for which there are not statewide assessments that indicate the public school is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7-1005.

(a.6) The department shall notify each school district and the institute of the final plan recommendations for each district public school or institute charter school within the time frames adopted by rule of the state board.

(b) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, the state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that an alternative education campus implement a performance, improvement, priority improvement, or turnaround plan or that an alternative education campus shall be subject to restructuring. The state board, in adopting the criteria for evaluating the performance of an alternative education campus, and the department, in applying the criteria, shall take into account the unique purposes of the campuses and the unique circumstances of and challenges posed by the students enrolled in the campuses.

(c) In promulgating rules pursuant to this subsection (1), the state board shall use clear, understandable language to describe the criteria for determining the type of plan that a public school shall implement and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the public school performance review process.

(d) (I) Beginning with the 2018-19 school year, if a public school performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the state board shall require the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section; except that, if, before the five years have accumulated, the public school performs for at least two consecutive years at a level that results in the public school being required to adopt an improvement or performance plan, the five years stop accumulating unless the public school again performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years, at which time the public school is again in the first two of the five years. For the time during which the five years of performance are accumulating, a public school is on performance watch.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), for purposes of calculating whether a public school is required to implement a priority improvement or turnaround plan for longer than a combined total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not recommend school plans as provided in subsection (2.5) of this section, from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year.

(III) Notwithstanding the provisions of subsection (1)(d)(I) of this section, the department shall exclude the consideration of the school's plan type assigned for the 2020-21, 2021-22, and 2022-23 school years from the calculations required in subsections (1)(d)(I) and (5.5) of this section and shall count the school's plan type for the 2023-24 school year as if it were consecutive to the 2019-20 school year. However, a change in the type of plan a public school must adopt for the 2022-23 school year pursuant to subsection (1)(a.5) of this section may be factored into the calculation of years for purposes of subsection (1)(d)(I) of this section.

(d.5) Notwithstanding any provision of subsection (1)(d)(I) of this section to the contrary, at the request of the school district, in consultation with the affected school accountability committee and, in the case of a district charter school, with the consent of the governing board of the district charter school, or the institute, with the consent of the governing board, and in consultation with the school accountability committee, of the affected institute charter school, the state board may direct the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section even though the public school has not completed the five years of performance watch. If the state board requires the school district or institute to take one of the actions described in subsection (5)(a) of this section, the public school is subject to the provisions of subsection (5.5) of this section.

(e) The state board by rule shall establish the time frames within which the department shall review each public school's performance, submit recommendations to the state board, and report to the public school and to the school's local school board or the institute the state board's determination regarding the type of plan the public school shall implement. The state board shall also establish by rule the time frames within which the public schools, or the public schools' local school boards or the institute board as appropriate, shall adopt the school plans and submit them to the department. The department shall publish each public school's plan on the data portal with the public school's accreditation category, identified by the local school board or the institute, and supporting data.

(f) In reviewing public schools' performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, the institute, and the public schools in attempting to improve performance in public schools that are implementing school improvement, priority improvement, or turnaround plans.

(1.5) Repealed.

(2) (a) The department shall annually review each public school's performance and, based on the rules of the state board, recommend to the state board that the public school shall implement a performance, improvement, priority improvement, or turnaround plan for the coming school year. Based on the department's recommendation, the state board shall notify the local school board for the public school, or the institute if the public school is an institute charter school, regarding the type of plan the public school shall implement. The local school board or the institute shall place the public school in the district or institute accreditation category that correlates to the public school's plan, based on the school district's or institute's school accreditation process.

(b) (I) Notwithstanding any provision of this article to the contrary, a school district with one thousand students or fewer may submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. A school district with more than one thousand but fewer than one thousand two hundred students may, upon request and at the department's discretion, submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans.

(II) A school district that is authorized to submit a single plan pursuant to subparagraph (I) of this paragraph (b) and that is authorized pursuant to section 22-11-303 (4) to submit a school district performance plan every two years may submit a single plan to satisfy the school district and school plan requirements only if each of the public schools that is included in the single plan is authorized pursuant to section 22-11-403 (4) to submit a school performance plan every two years.

(2.5) Notwithstanding any provision of this article, or any provision of state board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not recommend to the state board school plan types. For the 2015-16 school year, each public school shall continue to implement the school plan type that was assigned for the preceding school year. The department shall recommend to the state board school plan types for the 2016-17 school year and each school year thereafter.

(2.6) (a) Notwithstanding any provision of this article 11 or any provision of state board rule that implements this article 11 to the contrary, for the 2020-21 and 2021-22 school years, the department shall not recommend to the state board school plan types. For the 2020-21 and 2021-22 school years, each public school shall continue to implement the school plan type that was assigned for the preceding school year.

(b) (I) Notwithstanding the provisions of subsection (2.6)(a) of this section, if a public school is required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its 2019-20 plan type, the school district, for a school of the school district, or the institute, for an institute charter school, may submit a request to the department for a plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence, which may include state and local assessment data.. The state board may promulgate rules for implementing this subsection (2.6)(b), including but not limited to:

(A) The time frames and process for a school district or the institute to make a request to the department;

(B) The standards to determine whether a request will be granted, including the minimum standards that must be addressed by the alternative body of evidence;

(C) Input from the state review panel;

(D) The content of the accreditation contracts and plans based upon the state board's determination of whether to assign a different plan type; and

(E) The provision of additional supports and grants necessary to implement this subsection (2.6)(b)(I).

(II) A change in a public school's plan type for the 2021-22 school year pursuant to subsection (2.6)(b)(I) of this section does not affect the time-based calculations required in subsections (1)(d)(I) and (5.5) of this section.

(2.7) Repealed.

(3) At the request of a district public school's local school board, or at the institute's request for an institute charter school, the department shall provide technical assistance and support to the public school, local school board, or institute in preparing and implementing the public school's improvement, priority improvement, or turnaround plan. The department shall base the amount of technical assistance and support provided to a public school, the local school board, or the institute on the school's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to:

(a) Access to data and research to support interpretation of student data, decision-making, and learning;

(b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities for students who reside within the neighborhood for the public school and student engagement and re-engagement; and

(c) Evaluation and feedback on the public school's plan.

(4) The commissioner may assign the state review panel to critically evaluate a public school's priority improvement or turnaround plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a public school's plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the local school board or the institute recommendations concerning:

(a) Whether the public school's leadership is adequate to implement change to improve results;

(b) Whether the public school's infrastructure is adequate to support school improvement;

(c) The readiness and apparent capacity of the public school's personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the school;

(d) The readiness and apparent capacity of the public school's personnel to engage productively with and benefit from the assistance provided by an external partner;

(e) The likelihood of positive returns on state investments of assistance and support to improve the public school's performance within the current management structure and staffing; and

(f) The necessity that the public school remain in operation to serve students.

(4.5) If a public school that is an online school, as defined in section 22-30.7-102, is on performance watch and changes authorizers in its original form or as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed.

(5) (a) If a public school fails to make adequate progress under its turnaround plan or continues on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the public school's performance, which evaluation must include at least one on-site visit to the public school. Upon completing the evaluation, the state review panel shall determine whether to recommend:

(I) With regard to a district public school that is not a charter school, that the district public school should be partially or wholly managed by a private or public entity other than the school district. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with schools under similar circumstances.

(II) With regard to a district or institute charter school, that the public or private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board;

(III) With regard to a district public school, that the district public school be converted to a charter school if it is not already authorized as a charter school;

(IV) With regard to a district public school, that the district public school be granted status as an innovation school pursuant to section 22-32.5-104;

(V) That the public school be closed or, with regard to a district charter school or an institute charter school, that the public school's charter be revoked; or

(VI) With regard to a district public school, that the district public school be converted to a community school, as defined in section 22-32.5-103 (1.5).

(b) The state review panel shall present its recommendations to the commissioner and to the state board. Taking the recommendations into account, the state board shall determine which of the actions described in paragraph (a) of this subsection (5) the local school board for a district public school or the institute for an institute charter school shall take regarding the public school and direct the local school board or institute accordingly.

(c) Notwithstanding any provision of this section to the contrary, for the 2015-16 school year and based on ratings given during the 2015-16 school year, the state board may direct the local school board for a district public school or the institute for an institute charter school to take an action concerning the public school that is not listed in paragraph (a) of this subsection (5) but that has comparable significance and effect.

(d) The priority improvement or turnaround plan that a public school adopts for the fourth year in which the public school is on performance watch must include a general explanation for how the school district, for a district public school, or the institute, for an institute charter school, may put into effect each of the actions described in subsection (5)(a) of this section as they pertain to a district public school, district charter school, or institute charter school.

(e) In promulgating rules concerning the timeline by which the state board directs and a school district, for a district public school, or the institute, for an institute charter school, puts into effect one or more of the actions described in subsection (5)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (5)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action.

(5.5) (a) So long as a public school performs at a level that results in being required to implement a priority improvement or turnaround plan, after the state board initially directs the local school board or institute board to take action as provided in subsection (5)(b) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the public school's performance and recommend one or more of the actions described in subsection (5)(a) of this section. In evaluating the public school's performance and recommending actions, the state review panel shall consider the criteria specified in subsection (4) of this section. The state board shall consider the recommendations of the state review panel, the actions that the local school board or institute board was previously directed to take with regard to the public school, the fidelity with which the school district or institute and the public school have implemented the directed actions, and whether the amount of time that the school district or institute and the public school have had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the local school board or institute board to continue the previously directed actions or direct the local school board or institute board to undertake additional or different actions as provided in subsection (5)(b) of this section.

(a.5) Repealed.

(b) Notwithstanding any provision of subsection (5.5)(a) of this section to the contrary, a public school remains subject to the provisions of this subsection (5.5) until the public school performs at a level that results in being required to implement an improvement or performance plan for two consecutive school years.

(6) If a public school is restructured, the department, to the extent possible, shall track the students enrolled in the public school in the school year preceding the restructuring to determine whether the students reenroll in the public school the following school year or transfer to another public school of the school district, an institute charter school, or a public school of another school district in the state. The department shall provide the student tracking information, without personally identifying the students, to the local school board or the institute upon request.
C.R.S. § 22-7-1015.5 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1015.5
22-7-1015.5. Postsecondary, workforce, career, and education grant program - created - applic
Status: repealed

22-7-1015.5. Postsecondary, workforce, career, and education grant program - created - application - criteria - awards - appropriation - repeal. (1) There is created in the department of education, referred to in this section as the "department", the postsecondary, workforce, career, and education grant program, referred to in this section as the "grant program", to award grants to local education providers to improve the postsecondary options available to students and to increase the number of students completing the free application for federal student aid, referred to in this section as "FAFSA", and the Colorado application for state financial aid, referred to in this section as "CASFA". Each grant has a term of three years beginning in the 2022-23 state fiscal year. In making a grant award, the department shall specify the amount of each grant.

(2) The department shall distribute the grant money to the local education providers that receive a grant for the following purposes:

(a) Developing and distributing information to students, families, and school leaders regarding the FAFSA and applications for state student aid, and the benefits of completing the FAFSA and applications for state student aid;

(b) Developing and distributing information to students and families regarding the steps required to complete the FAFSA and applications for state student aid;

(c) Training school counselors and other educators on best practices to support students and families with filling out the FAFSA and applications for state student aid, with an emphasis on supporting communities that have historically low completion rates of the FAFSA and applications for state student aid;

(d) Organizing and hosting opportunities for students and families to meet with stakeholders who assist in completing the FAFSA or applications for state student aid;

(e) Incorporating completion of applications for federal student aid and applications for state student aid into individual career and academic plans pursuant to sections 22-32-109 and 22-30.5-525;

(f) Collaborating with the department of higher education's efforts pursuant to section 23-3.3-1007 to support local education providers in exploring postsecondary options under the individual career and academic plans pursuant to sections 22-32-109 and 22-30.5-525; and

(g) Collaborating or partnering with nonprofit organizations to support local education providers and students with education and completion of student applications for federal student aid and applications for state student aid.

(3) A local education provider seeking a grant must submit an application to the department. The department shall review each grant application received and determine whether and in what amount a grant should be awarded to the local education provider. If the department determines an application is missing any information required by rule to be included with the application, the department may contact the local education provider to obtain the missing information.

(4) At a minimum, each grant application must specify:

(a) The current programs related to college and career readiness developed pursuant to section 22-7-1015 and individual career and academic plans pursuant to sections 22-32-109 and 22-30.5-525 that the local education provider uses;

(b) Whether the local education provider has entered into, or has committed to establishing, one or more partnerships with institutions of higher education or postsecondary service providers in Colorado to support and increase the capacity and effectiveness of career counseling and postsecondary preparation services provided to students enrolled in or receiving educational services from the education provider;

(c) The local education provider's plan for use of the grant money, including the extent to which the grant money will be used to increase the number of students who complete federal and state financial aid applications at the local education provider's high schools served by the grant and to provide professional development for school counselors and other educators on work-based learning, completion of federal and state financial aid applications, and integration of all postsecondary options into the individual career and academic plans for students;

(d) The local education provider's plan for involving educators and administrators at the local education provider's schools providing postsecondary preparation supports;

(e) The extent to which the local education provider has developed or plans to develop partnerships to serve the postsecondary needs of all of the students enrolled in or receiving educational services from the local education provider;

(f) The local education provider's use of district-level or school-level existing and potential programming for postsecondary and workforce readiness, as defined in section 22-7-1008;

(g) Whether the local education provider intends to provide matching funds to augment any grant money received from the program and the anticipated amount and source of any matching funds; and

(h) Whether the local education provider needs to update the individual career and academic plan process to accommodate requirements pursuant to section 22-2-136 (1), including financial aid form information, or financial literacy curriculum pursuant to section 22-2-127.

(5) In reviewing applications, the department may consider the following criteria, in addition to any other criteria adopted by rule of the state board:

(a) High schools with low postsecondary credential attainment rates;

(b) The local education provider's high schools with low federal and state financial aid application completion rates; and

(c) The geographic location of the local education provider. The department may prioritize awarding grants to rural areas of the state and provide technical assistance to rural local education providers requesting support.

(6) (a) Subject to available appropriations, the department shall award grants to local education providers pursuant to this section. Each grant has a term of three years beginning in the 2022-23 budget year. In making a grant award, the department shall specify the amount of each grant.

(b) A local education provider that receives a grant shall use the money for the following purposes:

(I) Developing and distributing to students, families, and educators information about and steps to complete the federal and state financial aid applications;

(II) Training school counselors and other educators on best practices to support students and families with filling out federal and state financial aid applications with an emphasis on supporting communities that have historically low completion rates of federal and state financial aid applications;

(III) Organizing and hosting opportunities for students and families to meet with stakeholders who assist in completing the FAFSA or applications for state student aid; and

(IV) Updating the local education provider's individual career and academic plan process with financial aid information and completion of the application forms.

(7) The department may expend no more than ten percent of the money annually appropriated for the program to offset the costs incurred in implementing the program, including the provision of technical assistance to rural local education providers, grant-related professional development, training, and reporting activities.

(8) On or before September 1, 2023, and on or before September 1 each year thereafter for the length of the grant, each local education provider receiving grant money pursuant to this section shall report the following information to the department:

(a) A comparison of the dropout rates, and the college matriculation and remediation rates, if applicable, at the high schools served by the grant for the years prior to receipt of the grant and the years for which the local education provider receives the grant; and

(b) A comparison of the number of students who completed federal and state financial aid applications for the year prior to which the local education provider received the grant, if available, and the number of students who completed federal and state financial aid applications for each of the three years the education provider receives the grant.

(9) Notwithstanding section 24-1-136 (11)(a)(I), on or before October 15, 2023, and on or before October 15 each year thereafter for the length of the grant, the department shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report that, at a minimum, summarizes the information received by the department pursuant to subsection (8) of this section and that the department receives from the department of higher education pursuant to section 23-1-113 (9). The department shall also post the report to its website.

(10) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department one million one hundred twenty-five thousand dollars from the general fund for the grant program pursuant to this section. Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation:

(a) Does not revert to the general fund or any other fund;

(b) May be used by the department in the 2023-24 or 2024-25 state fiscal year without further appropriation; and

(c) Must not be used for any other purpose other than the purposes set forth in this section.

(11) This section is repealed, effective September 1, 2027.
C.R.S. § 22-20-204.3 — CO Code / Title 22 / Article 20 / Part 2 / Section 22-20-204.3
22-20-204.3. Identification of gifted children - advanced learning plans - creation - rules
Status: in_force

22-20-204.3. Identification of gifted children - advanced learning plans - creation - rules. (1) Each administrative unit, through its program plan, shall use an identification assessment and review by a team, as described in state board rule, to identify gifted children. The team shall use a body of evidence upon which to base the determination of giftedness, which evidence must include, at a minimum, the identification assessment results, parental input, and multiple types of measures and data sources.

(2) When a child is identified as gifted, the administrative unit shall ensure that an advanced learning plan is created for the child, which specifies the programming, services, and interventions that correspond to the child's strengths and needs. The administrative unit shall implement each gifted child's advanced learning plan in accordance with the administrative unit's program plan.

(3) The state board shall promulgate rules that specify the procedures and criteria for identifying gifted children and creating advanced learning plans.
C.R.S. § 22-7-1202 — CO Code / Title 22 / Article 7 / Part 12 / Section 22-7-1202
22-7-1202. Legislative declaration
Status: in_force

22-7-1202. Legislative declaration. (1) The general assembly finds that:

(a) All students can succeed in school if they have the foundational skills necessary for academic success. While foundational skills go beyond academic skills to include such skills as social competence and self-discipline, they must also include the ability to read, understand, interpret, and apply information.

(b) Colorado has prioritized early learning through its investments in the Colorado preschool program, established in 1988, in the Colorado universal preschool program, established in 2022, and full-day kindergarten, and the general assembly recognizes that these investments can best be leveraged by adopting policies that support a continuum of learning from preschool through third grade and beyond;

(c) It is more cost-effective to invest in effective early literacy education rather than to absorb costs for remediation in middle school, high school, and beyond;

(d) A comprehensive approach to early literacy education can improve student achievement, reduce the need for costly special education services, and produce a better educated, more skilled, and more competitive workforce;

(e) An important partnership between a parent and child begins before the child enters kindergarten, when the parent helps the child develop rich linguistic experiences, including listening comprehension and speaking, that help form the foundation for reading and writing, which are the main vehicles for content acquisition;

(f) The greatest impact for ensuring student success lies in a productive collaboration among parents, teachers, and schools in providing a child's education, so it is paramount that parents are informed about the status of their children's educational progress and that teachers and schools receive the financial resources and other resources and support they need, including valid assessments, instructional programming that is proven to be effective, and training and professional development programs, to effectively teach the science of reading, assess students' achievement, and enable each student to achieve the grade level expectations for reading; and

(g) The state recognizes that the provisions of this part 12 are not a comprehensive solution to ensuring that all students graduate from high school ready to enter the workforce or postsecondary education, but they assist local education providers in setting a solid foundation for students' academic success and will require the ongoing commitment of financial and other resources from both the state and local levels.

(1.5) (a) The general assembly further finds that:

(I) Reading is a critical skill that every child must develop early in the child's educational career to be successful;

(II) Research shows that reading instruction that is focused around the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension is highly effective in teaching young children to read;

(III) Section 15 of article IX of the state constitution grants to the elected board of education in each school district the authority to have control of instruction in the public schools of the school district, and section 16 of article IX of the state constitution prohibits the general assembly and the state board of education from prescribing the textbooks to be used in public schools;

(IV) However, 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 throughout the state, and section 1 of article IX of the state constitution vests the general supervision of the public schools of the state in the state board of education;

(V) In interpreting these constitutional provisions, the Colorado supreme court has found that, because they are competing interests, none are absolute; these interests must be balanced to identify the contours of the responsibility assigned to each entity; and

(VI) It is the general assembly that initially strikes this balance.

(b) The general assembly finds, therefore, that ensuring that each child has access through the public schools to evidence-based reading instruction that is focused on developing the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension is a significant component of ensuring that the system of free public schools throughout the state is thorough and uniform. In exercising its authority of general supervision of the public schools of the state, it is appropriate that the state board of education, supported by the department of education, hold local education providers accountable for demonstrating that the reading instruction they provide is focused on these five foundational reading skills. And, in maintaining control of the instruction in the classrooms of the public schools of their respective school districts, it is appropriate that each school district board of education select the core reading instructional programs and reading interventions to be used in those public schools, so long as they are focused on phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to ensure that the students educated in the public schools throughout the state consistently receive evidence-based instruction that is proven to effectively teach children to read.

(2) It is therefore the intent of the general assembly that each local education provider that enrolls students in kindergarten or first, second, or third grade will work closely with the parents and teachers of these students to provide the students the instructional programming, intervention instruction, and support, at home and in school, necessary to ensure that students, by the completion of third grade, can demonstrate a level of competency in reading skills that is necessary to support them in achieving the academic standards and expectations applicable to the fourth-grade curriculum. It is further the intent of the general assembly that each local education provider adopt a policy whereby, if a student has a significant reading deficiency at the end of any school year prior to fourth grade, the student's parent and teacher and other personnel of the local education provider decide whether the student should or should not advance to the next grade level based on whether the student, despite having a significant reading deficiency, is able to maintain adequate academic progress at the next grade level.

(3) The general assembly further finds that:

(a) The purpose of this part 12 is to provide students with the necessary supports they need to be able to read with proficiency by third grade so that their academic growth and achievement is not hindered by low literacy skills in fourth grade and beyond;

(b) It is a priority in the public schools of Colorado to provide high-quality instruction that enables each student to attain proficiency in English, regardless of the student's native language;

(c) Research demonstrates that a person who has strong reading skills in one language will more easily learn and become literate in a second language; and

(d) While the "Colorado READ Act", this part 12, is not designed to measure or support a student's acquisition of English as a second language, ensuring that a student has strong reading skills in his or her native language by third grade will help to ensure that the student will attain proficiency in English more quickly.
C.R.S. § 22-2-105.5 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-105.5
22-2-105.5. State board of education - definitions - vacancies - procedure for filling
Status: in_force

22-2-105.5. State board of education - definitions - vacancies - procedure for filling. (1) As used in this section:

(a) "Party congressional central committee" means the committee established pursuant to section 1-3-103 (3), C.R.S.

(b) "State central committee" means the committee established pursuant to section 1-3-103 (2), C.R.S.

(2) Any vacancy occurring on the state board that may occur by reason of death, removal, or resignation from office, or removal from the district from which elected, or when a board member is elected, qualified, and takes office for another state office, shall be filled as provided in this section. Any member selected to fill a vacancy pursuant to this section shall serve until the next regular election providing such appointee is subject to the qualifications set forth by law.

(3) (a) Any vacancy occurring on the state board, other than a vacancy in a seat filled by a member elected from the state at large, shall be filled by the vacancy committee of the party congressional central committee of the same political party as the vacating board member for the congressional district represented by the vacating board member. For purposes of this section, in selecting the members of a vacancy committee, the central committee of a jurisdiction shall select, at a minimum, the members of the jurisdiction's central committee. If no vacancy committee of the party congressional central committee exists, the party congressional central committee shall perform the functions of the vacancy committee.

(b) If the vacating board member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party.

(c) If the vacating member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the vacating board member's petition for nomination pursuant to section 1-4-802 (1)(e), C.R.S.

(4) (a) The vacancy committee identified in subsection (3) of this section, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who possesses the qualifications for a member of the state board and who is affiliated with the same political party or minor political party, if any, of the vacating board member, as shown on the registration books of the county clerk and recorder.

(b) At least six days prior to the meeting at which the vacancy committee selects a person to fill the vacancy, the chairperson of the party congressional central committee that selected the members of the vacancy committee shall mail to each member of the vacancy committee a written notice announcing the time and location of the vacancy committee meeting. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. The vacancy committee may not select a person to fill the vacancy at any meeting for which notice is not provided pursuant to this paragraph (b).

(c) No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy.

(d) The vacancy committee shall certify the selection to the secretary of state within thirty days after the date the vacancy occurs. If the vacancy committee fails to certify a selection within thirty days in accordance with the provisions of this paragraph (d), the governor, within thirty-five days after the vacancy occurs, shall fill the vacancy by appointing a person having the qualifications set forth in paragraph (a) of this subsection (4). The name of the person appointed by the governor shall be certified to the secretary of state. The person selected or appointed pursuant to this subsection (4), after having qualified and taken the oath of office, shall immediately assume the duties of office.

(5) (a) In the event of a vacancy in the seat held by the state board member elected from the state at large, within five days after the state board receives notice of the vacancy, or within five days after the effective date of the resignation, whichever is later, the secretary of the state board shall refer the vacancy to the state central committee of the same political party as the vacating state board member. The state central committee shall refer the matter to the state central committee executive committee selected pursuant to section 1-3-105 (2), C.R.S.

(b) If the vacating board member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party.

(c) If the vacating member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the vacating board member's petition for nomination pursuant to section 1-4-802 (1)(e), C.R.S.

(6) (a) A vacancy occurring in the seat held by the state board member elected from the state at large shall be filled in accordance with the procedures established in this subsection (6).

(b) Within thirty days after being notified by the secretary of the state board of the occurrence of a vacancy, the vacancy or executive committee identified in subsection (5) of this section shall meet and, by a majority vote of its members present and voting at a meeting called for that purpose, shall nominate no fewer than three and no more than five candidates who possess the qualifications for a member of the state board and who are affiliated with the same political party or minor political party, if any, as the vacating board member, as shown on the registration books of the county clerk and recorder. The names of the candidates nominated shall be forwarded to the secretary of the state board.

(c) The state board shall, within twenty calendar days after receiving the names from the vacancy or executive committee identified in subsection (5) of this section interview all of the nominated candidates; except that the vacating board member shall not participate in the interview process.

(d) After completion of the interviews, and at a date and time established by the state board, the state board shall hold an open meeting to vote on the selection of a nominee to fill the vacancy. The vacating board member shall not participate in the open meeting to vote on the selection of a nominee to fill the vacancy. Nominees for selection shall be limited to the nominees referred to the state board by the vacancy or executive committee identified in subsection (5) of this section. Selection of a nominee shall occur by a majority vote of the state board members present and voting at the meeting called for such purpose. No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the state board. No member of the state board may vote by proxy. The state board shall certify the selection to the secretary of state within ten days after the meeting called to make the selection. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office.

(e) In the event that the state board, after reasonable efforts to elect by a majority vote a nominee to fill the vacancy, is unable to elect a nominee by a majority vote, the selection of one of the persons nominated pursuant to paragraph (b) of this subsection (6) shall be made by the highest elected state official of the same political party as the vacating board member, in the following order: Governor; president of the senate; speaker of the house of representatives; minority leader of the senate; minority leader of the house of representatives. The name of the nominee selected by the highest elected state official shall be certified to the secretary of state. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office.

(7) If a vacancy on the state board is caused by the resignation of a member of the state board and the letter of resignation gives an effective date of resignation that is later than the date the letter of resignation is submitted, the vacancy committee identified in subsection (3) of this section or the vacancy or executive committee identified in subsection (5) of this section, whichever is applicable, may meet no more than twenty days prior to the effective date of the resignation for the purpose of nominating a person to fill the vacancy. The certification of the nominee of the vacancy or executive committee, whichever is applicable, to the secretary of state may not be made prior to the effective date of the resignation and, if the member of the state board withdraws the letter of resignation prior to the effective date of the resignation, the person nominated by the vacancy or executive committee, whichever is applicable, may not be certified to the secretary of state.

(8) If the vacancy is caused by the death of a member-elect of the state board who has been elected to office but who has not yet been sworn in, the vacancy committee identified in subsection (3) of this section or the vacancy or executive committee identified in subsection (5) of this section, whichever is applicable, shall meet within thirty days after the death of the state board member-elect to fill the vacancy. The certification of the nomination of the vacancy or executive committee, whichever is applicable, to the secretary of state may be made prior to the convening of the state board but shall not take effect until the effective date of the vacancy, which is the first day the state board convenes.
C.R.S. § 22-44-104 — CO Code / Title 22 / Article 44 / Part 1 / Section 22-44-104
22-44-104. Failure to adopt budget or appropriation
Status: in_force

22-44-104. Failure to adopt budget or appropriation. If a board of education fails or neglects to adopt a budget or an appropriation resolution prior to the beginning of the ensuing fiscal year as required by section 22-44-103, then ninety percent of the amounts budgeted and appropriated to the funds, functions, and objects by the last duly adopted budget and appropriation resolution shall be deemed to be budgeted and appropriated by operation of law for the fiscal year for which no budget or appropriation resolution was adopted prior thereto; but an amount of money sufficient to satisfy all obligations of bonded indebtedness which will be due and payable during said fiscal year shall be deemed to be budgeted and appropriated by operation of law.
C.R.S. § 22-82.9-305 — CO Code / Title 22 / Article 82.9 / Part 3 / Section 22-82.9-305
22-82.9-305. Program funding - state education fund
Status: in_force

22-82.9-305. Program funding - state education fund. Purchasing nutritious foods from Colorado's food systems, including local farmers and ranchers, supports students' nutrition and provides quality meals to boost the health and well-being of Colorado students, and is an important component of an accountable education program to meet state academic standards, and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-1-119.3 — CO Code / Title 22 / Article 1 / Section 22-1-119.3
22-1-119.3. Policy for student possession and administration of prescription medication - ru
Status: in_force

22-1-119.3. Policy for student possession and administration of prescription medication - rules - definitions. (1) A school district board of education shall adopt and implement a policy whereby, except as described in subsection (3) of this section, a student enrolled in a school of the school district may possess and self-administer on school grounds, upon a school bus, or at any school-sponsored event any medication that is prescribed by a licensed health-care practitioner to be used by the student and shall adopt and implement a policy consistent with subsections (3)(c), (3)(d), and (3)(d.5) of this section.

(2) (a) If a school district board of education adopts and implements a policy described by subsection (1) of this section, a parent or legal guardian of a student who is enrolled in a school of the school district and for whom medication is prescribed by a licensed health-care practitioner shall notify the school's administration of the student's medical needs and of the fact that the student may be in possession of his or her prescribed medications as described in subsection (1) of this section. The notification, when appropriate, shall include the treatment plan that has been devised for the student by a licensed health-care practitioner.

(b) If a school's administration receives notice from a student's parent or legal guardian that the student may be in possession of his or her prescribed medications, the school's administration shall ensure that such notice is provided to the student's teachers and the school nurse or other person who is designated to provide health services to students at the school.

(c) Nothing in this section shall be construed to limit the ability of a public school to require a parent or legal guardian of a student who has medication prescribed for a life-threatening condition to provide to the school a sufficient supply of the medication to be stored at the school to be administered to the student in the event of a health emergency.

(3) (a) A policy adopted by a school district board of education pursuant to subsection (1) of this section must include but need not be limited to:

(I) A process by which a school may restrict a student from possessing and self-administering on school grounds, on a school bus, or at a school-sponsored event a medication that is prescribed by a licensed health-care practitioner to be used by the student. The process must require the school administration to make a determination as to whether a student's possession or self-administration of the medication poses a significant risk of harm to the student or to other students.

(II) A requirement that if a student has medication prescribed for a life-threatening condition, a sufficient supply of the medication is provided to the school by the student's parent or legal guardian, stored safely at the school, and kept readily available to be administered to the student in a timely fashion in the event of a health emergency; and

(III) Processes for the storage, possession, and administration of medical marijuana in a nonsmokeable form to a student who holds a valid recommendation for medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled. For purposes of this section, a public school shall treat a recommendation for a nonsmokeable form of medical marijuana from a licensed physician as medication that is prescribed by a licensed health-care practitioner.

(b) A student who possesses a prescribed medication on school grounds, upon a school bus, or at a school-sponsored event in accordance with a policy adopted by a school district pursuant to this section may possess only enough of his or her prescribed medication to render a sufficient dosage to the student to adequately treat the student's condition for a single day or for the duration of the event, whichever is appropriate; except that this provision shall not apply to a student who requires and possesses an insulin pump or other medical device that delivers dosages of prescribed medication to the student over a period of time that exceeds a single day or the duration of the event.

(c) A student shall not possess or self-administer medical marijuana on school grounds, upon a school bus, or at any school-sponsored event, except as provided for in paragraph (d) of this subsection (3).

(d) (I) A primary caregiver may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. School personnel may volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. The primary caregiver or volunteer shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students.

(II) Nothing in this section requires the school district staff to administer medical marijuana.

(III) A school district board of education or charter school may adopt policies regarding who may act as a primary caregiver pursuant to this paragraph (d) and the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event.

(IV) This subsection (3)(d) does not apply to a school district or charter school if:

(A) The school district or charter school loses or will lose federal funding as a result of implementing this subsection (3)(d);

(B) The school district or charter school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this subsection (3)(d); and

(C) The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with this paragraph (d).

(V) Student possession, use, distribution, or sale or being under the influence of a cannabinoid product inconsistent with this paragraph (d) is not permitted.

(VI) This paragraph (d) shall be known as "Jack's Law".

(d.5) (I) Medical marijuana in a nonsmokeable form shall be administered at a school pursuant to this subsection (3)(d.5) according to a written plan for the administration of medical marijuana in a nonsmokeable form that is agreed to and signed by the school principal or his or her designee and a parent or legal guardian that is consistent with the school board's adopted policy required by subsection (3)(a)(III) of this section and the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.

(II) Prior to the administration of medical marijuana in a nonsmokeable form at school, the student's parent or legal guardian shall complete and submit to the school the documentation required by rule of the state board of education, including but not limited to:

(A) A written medical marijuana recommendation that includes the signature of one of the recommending physicians and the purpose, recommended dosage, frequency, and length of time between dosages of the medical marijuana in a nonsmokeable form to be administered; and

(B) A written statement from the student's parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan.

(III) (A) Subject to the requirements specified in subsections (3)(d.5)(I) and (3)(d.5)(II) of this section, school personnel may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. The school personnel shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. If a student who is subject to the provisions of this subsection (3)(d.5) takes a school trip outside of the state of Colorado or participates in a school activity outside of the state of Colorado, the provisions of this subsection (3)(d.5) do not apply for the time during which the student is engaged in the trip or activity outside of the state of Colorado.

(B) Nothing in this subsection (3)(d.5) requires any school personnel to administer medical marijuana.

(C) It is an exception from the state's criminal laws for school personnel to possess and administer medical marijuana in a nonsmokeable form in compliance with this subsection (3)(d.5) to a student who holds a valid recommendation for medical marijuana, except as otherwise provided in section 18-18-406.3.

(D) A school district board of education or a school administration shall not discipline or retaliate against any school personnel who volunteers to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.

(IV) A school may adopt policies regarding the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event.

(V) This subsection (3)(d.5) does not apply to a school if:

(A) The school loses or will lose federal funding as a result of implementing this subsection (3)(d.5);

(B) The school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this subsection (3)(d.5); and

(C) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this subsection (3)(d.5).

(VI) Student possession, use, distribution, or sale, or a student being under the influence, of a cannabinoid product inconsistent with this subsection (3)(d.5) is not permitted.

(VII) The student's parent, guardian, or designee shall deliver the student's medical marijuana in a nonsmokeable form, in a container that contains clearly labeled instructions or the plan for administration must clearly specify instructions for the dosing, timing, and delivery route instructions from one of the student's recommending physicians, to the volunteer or school personnel designated by the school as the person who secures the medical marijuana before the student attends school for the school day. The volunteer or school personnel shall administer the medical marijuana pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. The volunteer or school personnel who secures the medical marijuana in a nonsmokeable form shall place the medical marijuana in a locked storage container that does not significantly delay access to or the administration of the medical marijuana in a nonsmokeable form in a medical emergency. The person who secures the medical marijuana in a nonsmokeable form may return any unused medical marijuana to the student's parent, guardian, or designee at the end of each school day, or, if allowed by the treatment plan, the medical marijuana in a nonsmokeable form may be kept on school grounds overnight in a locked storage container.

(VIII) Neither this section nor any other state or federal law, including without limitation the "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and section 504 of the "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, may be used to require a school or any employee or volunteer thereof to store medical marijuana on the grounds of a school, school bus, or school-sponsored event or to administer medical marijuana.

(IX) For purposes of this subsection (3)(d.5), "school personnel" means school personnel designated by agreement between the principal or his or her designee and a parent or legal guardian, including any school personnel acting as a volunteer pursuant to subsection (3)(d)(I) of this section.

(e) Notwithstanding the provisions of section 22-33-106 (1)(d)(II), a school district or charter school may not discipline a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.

(f) A school district or charter school may not deny eligibility to attend school to a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.

(4) The state board of education may promulgate rules for the implementation of this section.

(5) A school district board of education that adopts a policy pursuant to subsection (1) of this section shall be exempt from rules promulgated by the state board of education pursuant to the "Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act", section 22-1-119.5.

(6) For purposes of this section, "medication" and "medical marijuana" do not include a physical, behavioral, psychological, verbal, or any other nontangible therapy course of treatment.

(7) Nothing in this section requires school personnel to volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. A school may not require school personnel to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form against their will, nor may a school discipline school personnel for refusing to possess, administer, or assist in the administration of medical marijuana under this section.

(8) This section does not apply to a private or nonpublic school.

(9) A school located on federal land is exempt from the provisions of this section related to the administration of medical marijuana if the federal government prohibits the administration of medical marijuana at a school located on federal land.

(10) The department of education shall not subject any person licensed pursuant to article 60.5 of this title 22 to any disciplinary action related to the possession, administration, or assistance in the administration of cannabis-based medicine as allowed by this section.

(11) A school, school district, school district director, school or school district employee, or volunteer acting in good faith in accordance with the provisions of this section is immune from criminal prosecution and civil suit for such actions.
C.R.S. § 22-11-401 — CO Code / Title 22 / Article 11 / Part 4 / Section 22-11-401
22-11-401. School accountability committee - creation - qualifications - elections
Status: in_force

22-11-401. School accountability committee - creation - qualifications - elections. (1) (a) Each district public school and each institute charter school shall establish a school accountability committee. Each school accountability committee shall consist of at least seven members as follows:

(I) The principal of the school or the principal's designee;

(II) At least one teacher who provides instruction at the school;

(III) At least three parents or legal guardians of students enrolled in the school;

(IV) At least one adult member of an organization of parents, teachers, and students recognized by the school; and

(V) At least one person who is involved in business or industry in the community.

(b) The local school board or the institute shall determine the actual number of persons on the school accountability committee and the method for selecting the members of the school accountability committee. If the local school board or the institute chooses to increase the number of persons on the school accountability committee, it shall ensure that the number of parents, as described in subparagraph (III) of paragraph (a) of this subsection (1), on the committee exceeds the number of representatives from the group with the next highest representation.

(c) A person may not be selected to fill more than one of the member positions required in paragraph (a) of this subsection (1) in a single term.

(d) If the local school board or the institute determines that the members of a school accountability committee should be appointed, the appointing authority shall, to the extent practicable, appoint persons to serve on the school accountability committee who reflect the student populations that are significantly represented within the school. If the local school board or the institute determines that persons shall be elected to serve on the school accountability committee, the school principal shall encourage persons who reflect the student populations that are significantly represented within the school to seek election to the committee. Said student populations may include, but need not be limited to:

(I) Students who are members of non-Caucasian races;

(II) Students who are eligible for free or reduced-cost lunch through the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.;

(III) Students who are English language learners, as defined in section 22-24-103 (4);

(IV) Students who are migrant children, as defined in section 22-23-103 (2);

(V) Students who are identified as children with disabilities pursuant to section 22-20-108; and

(VI) Students who are identified as gifted children, as defined in section 22-20-202 (11).

(2) The members of each school accountability committee shall annually select from among the parent representatives elected to the committee a member to serve as chair or co-chair of the committee.

(3) If a vacancy arises on a school accountability committee because of a member's resignation or disqualification or for any other reason, the remaining members of the school accountability committee shall fill the vacancy by majority action.

(4) Notwithstanding any provision of this section to the contrary:

(a) If, after making good-faith efforts, a principal or an organization of parents, teachers, and students is unable to find a sufficient number of persons who are willing to serve on the school accountability committee, the principal, with advice from the organization of parents, teachers, and students, may establish an alternative membership plan for the school accountability committee, which plan shall reflect the membership specified in paragraph (a) of subsection (1) of this section as much as practicable;

(b) The members of the governing board of a district charter school or an institute charter school may serve as members of the school accountability committee;

(c) In a school district that the department determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade, a member of the local school board may serve on a school accountability committee, and the district accountability committee may serve as a school accountability committee.
C.R.S. § 22-40-102 — CO Code / Title 22 / Article 40 / Section 22-40-102
22-40-102. Certification - tax revenues - repeal
Status: repealed

22-40-102. Certification - tax revenues - repeal.

(1) (a) Repealed.

(b) (I) In accordance with the schedule prescribed by section 39-5-128, C.R.S., the board of education of each school district shall certify to the board of county commissioners of the county wherein said school district is located the separate amounts necessary, in the judgment of said board of education, to be raised from levies against the valuation for assessment of all taxable property located within the boundaries of said school district for its general, bond redemption, transportation, and special building and technology funds to defray its expenditures therefrom during its then current fiscal year.

(II) This paragraph (b) is effective July 1, 1992.

(1.5) (a) The board of education of any school district, at a special election called for the purpose, shall submit to the eligible electors of the district the question of whether to impose a mill levy of a stated amount for the special building and technology fund or to increase the mill levy for the special building and technology fund by a stated amount, which levy shall not exceed ten mills in any year or exceed three years in duration. When a mill levy for more than one year has been approved, the board of education of any school district may, without calling an election, decrease the amount or duration of the mill levy in the second or third year.

(b) (I) Any special election called pursuant to this subsection (1.5) shall be held on the first Tuesday after the first Monday in February, May, October, November, or December and shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S.

(II) (Deleted by amendment, L. 92, p. 837, § 33, effective January 1, 1993.)

(c) (I) Repealed.

(II) and (III) (Deleted by amendment, L. 92, p. 837, § 33, effective January 1, 1993.)

(d) If a majority of the votes cast at the election are in favor of the question, the mill levy of the district for the special building and technology fund shall be as so approved by the eligible electors of the district, and taxes may be levied for the special building and technology fund of the district as so approved.

(1.7) (a) The board of education of any school district, at the regular biennial election for school district directors or on the dates authorized by section 22-54-108 for elections for additional local property tax revenues under the "Public School Finance Act of 2025" shall submit to the eligible electors of the district the question of whether to impose a mill levy for the payment of excess transportation costs. If a majority of the votes cast at the election are in favor of the question, an additional mill levy is levied each year, and revenues received must be deposited into the transportation fund of the district created in section 22-45-103 (1)(f).

(b) For the purposes of this subsection (1.7), "excess transportation costs" means the current operating expenditures for pupil transportation, as defined in section 22-51-102 (1), minus the total amount of the most recent payment actually received by the district under article 51 of this title, and annual expenditures for the purchase or lease of pupil transportation vehicles or other capital outlays related to pupil transportation. The calculation of excess transportation costs shall be based upon amounts expended and amounts received for the twelve-month period ending on June 30 prior to the certification of the mill levy.

(2) If only a portion of a school district is located within a county, the board of education of said school district shall certify the separate amounts to the board of county commissioners of each county wherein a portion of said school district is located. The board of county commissioners of each such county shall levy a tax upon the taxable property located within said portion of the school district included in its county at a rate sufficient to produce a pro rata share of each separate amount certified, such pro rata share to be based on the ratio of the valuation for assessment of taxable property located within that portion of said school district located within said county to the total valuation for assessment of taxable property located in the entire school district; except that the rate of tax levies for said district shall be the same throughout the territorial limits of said school district except for a variation in the tax levy needed for the bond redemption fund of said district, which rate may vary because of changes in the boundaries of said district or the dissolution of a former school district.

(3) (a) The board of education of a school district that had an actual enrollment of more than fifty thousand pupils during the preceding school year may make the certification provided for in subsection (1) of this section no later than December 15.

(b) (I) For the property tax year commencing on January 1, 2023, the deadline set forth in subsection (3)(a) of this section is postponed from December 15, 2023, to January 10, 2024.

(II) This subsection (3)(b) is repealed, effective July 1, 2025.

(4) Repealed.

(5) (a) Whenever after a reorganization any school district has within its boundaries any territory which was located within the boundaries of a former school district which incurred bonded indebtedness, or is otherwise liable for the payment thereof, and the obligations of such bonded indebtedness have not been satisfied or otherwise assumed by said existing school district, then the board of education of the existing school district shall certify to the board of county commissioners the amount required during the next ensuing calendar year to satisfy such territory's proportionate share of the obligations of the outstanding bonded indebtedness incurred by said former school district. A separate levy, sufficient to raise the amount so certified, shall be made against the valuation for assessment of all taxable property located within such territory. The proceeds of such levy shall be credited to the bond redemption fund of the existing school district, but a separate account within such bond redemption fund shall be maintained to clearly reflect the amount raised from such separate levy. This paragraph (a) shall be construed to be supplemental to and not in modification of section 22-42-122.

(b) Whenever two or more school districts or portions of school districts have been united, either by consolidation of whole districts or of parts of districts or by the detachment of territory from one school district and its annexation to another school district, and at the time of such uniting by any of the above methods there shall be united into one school district portions of any territory liable for the payment of bonded indebtedness, different either in amounts, dates of creation, or dates of interest or principal maturities, then, in certifying to the boards of county commissioners the statement of the amount necessary to be raised from levies pursuant to subsection (1) of this section, it is the duty of the board of education of such united district to also certify to the board of county commissioners the numbers of all school districts under which any portion of the united district had bonded indebtedness outstanding at the time of such uniting, the legal description of the territory liable for the payment of such bonded indebtedness, or portion thereof, and the amount required during the ensuing calendar year to meet payments of interest and principal falling due therein. A separate levy, sufficient to raise the amount so certified, shall be made against the valuation for assessment of all taxable property located within such territory. The proceeds of such levy shall be credited to the bond redemption fund of the united school district, but a separate account within such bond redemption fund shall be maintained to clearly reflect the amount raised from such separate levy. This paragraph (b) shall be construed to be supplemental to and not in modification of section 22-42-122.

(c) Repealed.

(6) (a) Each school district, with assistance as may be required from the department of education, shall inform the county treasurer for each county within the district's boundaries no later than December 15 of each year of the district's general fund mill levy in the absence of funds estimated to be received by the district pursuant to the "Public School Finance Act of 2025", article 54 of this title 22, and the estimated funds to be received for the general fund of the district from the state.

(b) (I) For the property tax year commencing on January 1, 2023, the deadline set forth in subsection (6)(a) of this section is postponed from December 15, 2023, to January 10, 2024.

(II) This subsection (6)(b) is repealed, effective July 1, 2025.