C.R.S. § 22-61-103 — CO Code / Title 22 / Article 61 / Section 22-61-103
22-61-103. Teacher's oath, affirmation, or pledge
Status: in_force

22-61-103. Teacher's oath, affirmation, or pledge. (1) A person now holding a license to teach in the public schools in the state of Colorado or who shall hereafter be issued a license to teach in such public schools within the state of Colorado, except a person employed to teach in a temporary capacity who is a citizen of a nation other than the United States, shall take or sign the following oath, affirmation, or written pledge:

I solemnly (swear) (affirm) (pledge) that I will uphold the constitution of the United States and the constitution of the state of Colorado, and I will faithfully perform the duties of the position upon which I am about to enter.

(2) A person authorized to administer oaths in the state of Colorado shall administer the oath or affirmation, or the teacher must sign the pledge.
C.R.S. § 22-2-141 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-141
22-2-141. Early literacy assessment tool - request for proposals - software - hardware - t
Status: in_force

22-2-141. Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration. (1) (a) By October 1, 2012, the department shall issue a request for proposals for the purchase of an early literacy assessment tool that teachers may use to obtain real-time assessments of the reading skill levels of students enrolled in kindergarten and first, second, and third grades and, based on the assessment results, generate intervention plans and materials.

(b) At a minimum, the request for proposals shall include the purchase of:

(I) Software that, at a minimum:

(A) Provides individualized assessments with immediate results;

(B) Stores and analyzes assessments results, recommends activities that are aligned with the assessment results, and assists in tracking student performance and identifying strategies to improve student performance;

(C) Provides student grouping recommendations based on the assessment scores and provides proposed lesson plans on a short-term cycle; and

(D) Assists in generating and populating individualized plans to improve students' reading skills; and

(II) Training in using the software for teachers or other personnel selected by each local education provider.

(c) The request for proposals shall include the purchase of a sufficient number of software licenses for each local education provider in the state to use the early literacy assessment tool in all of its kindergarten and first-, second-, and third-grade classes; except that the department may draft the contract to phase in the requirements of this paragraph (c) over multiple budget years based on available appropriations.

(2) The department shall select from among the responses received and enter into a contract for the purchase of software licenses and training no later than March 1, 2013. In negotiating the terms of the contract, the department shall include performance measures, which may include student outcomes, as conditions affecting the amounts payable under the contract.

(3) (a) As soon as practicable after entering into the contract, the department shall notify the local education providers and provide information explaining:

(I) The software licenses purchased;

(II) The availability of training in the use of the software including dates, times, and locations; and

(III) The procedures and timelines by which each local education provider may apply to receive the software licenses and training to implement the early literacy assessment tool.

(b) Based on the level of available appropriations, the department shall select the local education providers who will receive the early literacy assessment tool, including the training, from among those that apply. In selecting among the applicants, the department shall:

(I) Select local education providers from various regions of the state and of varying student population size;

(II) Give preference to local education providers with the highest percentages of kindergarten and first-, second-, and third-grade students who are below grade level expectations in reading; and

(III) Give preference to local education providers with the highest percentages of schools that are eligible to receive moneys under Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq.

(c) A local education provider that is selected to receive the early literacy assessment tool in one budget year is not required to reapply in subsequent budget years. The department shall, to the extent possible within available appropriations, annually increase the number of local education providers that receive the early literacy assessment tool.

(d) The department may choose to provide the early literacy assessment tool only to those schools of a selected school district that are eligible to receive moneys under Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq.

(4) During the 2014 regular legislative session and during the 2016 regular legislative session, the department shall submit to the governor's office, the joint budget committee, and the education committees of the house of representatives and the senate, or any successor committees, a report that includes, but need not be limited to, the following information:

(a) The percentage of students enrolled in kindergarten and first, second, and third grades throughout the state that are receiving services using the early literacy assessment tool;

(b) The local education providers that have received the early literacy assessment tool;

(c) The improvements, if any, in the reading skill levels of students who received or are receiving services using the early literacy assessment tool; and

(d) The amount of appropriations required to purchase an adequate number of software licenses to enable the local education providers in the state to use the early literacy assessment tool in all of the kindergarten and first-, second-, and third-grade classes in the state.

(5) As used in this section, "local education provider" means a school district; a charter school that enrolls students in kindergarten and first, second, and third grades; and a public school operated by a board of cooperative services that enrolls students in kindergarten and first, second, and third grades.

(6) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, purchasing an early literacy assessment tool as described in this section for the use of local education providers is an important element of accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-60.5-110 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-110
22-60.5-110. Renewal of licenses
Status: in_force

22-60.5-110. Renewal of licenses. (1) Any license shall expire as prescribed in section 22-60.5-201, 22-60.5-210, 22-60.5-301, or 22-60.5-306, subject to the provisions of section 24-4-104 (7), C.R.S., when applicable.

(2) Any initial license may be renewed upon submitting an application for renewal, payment of the statutory fee, and evidence of satisfying any requirements established by rule and regulation of the state board of education.

(3) (a) A licensee may renew his or her professional license by submitting an application for renewal, paying the fee established by the state board of education pursuant to section 22-60.5-112, and providing the affidavit of satisfactory completion of ongoing professional development as described in paragraph (a.5) of this subsection (3). A licensee need not be employed as a professional educator during all or any portion of the term for which his or her professional educator license is valid. Employment as a professional educator shall not constitute a requirement for renewal of a professional license. Except as otherwise provided in paragraph (e) of this subsection (3), the professional development activities completed by an applicant for license renewal shall apply equally to renewal of any professional educator license or endorsement held by the applicant.

(a.5) A licensee who seeks renewal of his or her professional license shall sign and submit with the renewal application an affidavit in which the licensee affirms under oath that he or she satisfactorily completed the ongoing professional development activities specified in the affidavit; that the activities were completed within the term of the professional license; and that, to the best of the licensee's knowledge, the activities meet the requirements of this section and rules adopted by the state board of education implementing this section. The department may accept a licensee's affidavit of satisfactory completion of ongoing professional development as proof of completion of the specified professional development activities without further verification.

(b) A professional licensee shall complete the ongoing professional development within the period of time for which the professional license is valid. The professional development may include, but need not be limited to, in-service education programs, including training in preventing, identifying, and responding to child sexual abuse and assault; behavioral health training that is culturally responsive and trauma- and evidence-informed; and laws and practices relating to the education of students with disabilities in the classroom, including, but not limited to, child find and inclusive learning environments; college or university credit from an accepted institution of higher education or a community, technical, or local district college; educational travel that meets the requirements specified in subsection (3)(d) of this section; involvement in school reform; service as a mentor teacher for teacher candidates participating in clinical practice or for novice teachers, as defined in section 23-78-103; internships; ongoing professional development training and experiences; and teacher externships pursuant to section 8-83-602.5. The state board of education, by rule, may establish minimum criteria for professional development; except that the criteria must not:

(I) Specify any particular type of professional development activity as a requirement or partial requirement for license renewal, except as provided in subsection (3)(b.7) or (3)(f) of this section;

(II) Require completion of more than six credit hours or more than ninety total clock hours of activities during the term of any professional license;

(III) Prescribe a schedule for completion of professional development activity during the term of any professional license; or

(IV) Require prior approval or supervision of professional development activities.

(b.5) In adopting minimum criteria for professional development activities, the state board, by rule, may require all or a portion of the professional development activities to be related to increasing the license holder's competence in his or her existing or potential endorsement area; increasing the professional licensee's skills and competence in delivery of instruction in his or her existing or potential endorsement area; the teaching of literacy; increasing awareness and knowledge of behavioral health concerns, responses, and strategies; or increasing awareness of laws and practices relating to educating students with disabilities in the classroom, including but not limited to child find and inclusive learning environments.

(b.7) (I) Except as provided in subsection (3)(f) of this section for renewal of a professional teacher license, in selecting professional development activities for renewal of a special services, principal, or administrator license, in addition to the other requirements set forth in this section, the special services, principal, or administrator licensee shall complete a minimum of ten clock hours of professional development hours required during the term of any special services, principal, or administrator license in professional development activities relating to increasing awareness of laws and practices relating to educating students with disabilities in the classroom, including but not limited to child find and inclusive learning environments.

(II) A licensee who has less than three years left in the license renewal period on June 30, 2020, has until the end of the next applicable renewal period to complete the requirements established in subsection (3)(b.7)(I) of this section and may submit classes and activities completed within five years prior to June 30, 2020, to satisfy the requirements of subsection (3)(b.7)(I) of this section.

(III) Nothing in subsection (3)(b.7)(I) of this section prohibits a licensee from applying a single professional development course or ability to one or more content or hourly requirements established pursuant to this section or by rule of the state board of education.

(c) In selecting professional development activities for the renewal of a professional license pursuant to this section, each licensee shall choose those activities that will aid the licensee in meeting the standards for a professional educator, including but not limited to the following goals:

(I) Knowledge of subject matter content and learning, including knowledge and application of standards-based education pursuant to part 10 of article 7 of this title;

(II) Effective use of assessments in planning for instructional delivery and in individualizing student instruction;

(III) Effective teaching of the democratic ideal;

(IV) Recognition, appreciation, and support for ethnic, cultural, gender, economic, and human diversity to provide fair and equitable treatment and consideration for all;

(V) Effective communication with students, colleagues, parents, and the community;

(VI) Effective modeling of appropriate behaviors to ensure quality learning experiences for students and for colleagues;

(VII) Effective leadership to ensure a school community that is committed to and focused on learning;

(VIII) Consistently ethical behavior and creation of an environment that encourages and develops responsibility, ethics, and citizenship in self and others;

(IX) Achievement as a continuous learner who encourages and supports personal and professional development of self and others;

(X) Effective organization and management of human and financial resources to create a safe and effective working and learning environment;

(XI) Awareness of warning signs of dangerous behavior in youth and situations that present a threat to the health and safety of students and knowledge of the community resources available to enhance the health and safety of students and the school community, youth mental health, safe de-escalation of crisis situations, recognition of signs of poor mental health and substance use, and support of students. Training provided pursuant to this subsection (3)(c)(XI) must be provided using culturally responsive and trauma- and evidence-based practices; and

(XII) Awareness of laws and practices relating to educating students with disabilities in the classroom, including but not limited to child find and inclusive learning environments.

(d) To be accepted as a professional development activity, educational travel shall be applicable to the endorsement area of the professional licensee's license, as demonstrated by the professional licensee.

(e) In selecting professional development activities for renewal of a professional principal license, the professional licensee shall select activities that are specific to improving his or her skills as a principal. In addition, if the school district in which the professional licensee is employed has identified, pursuant to section 22-9-106, specific areas in which he or she needs improvement or, pursuant to section 22-32-109 (1)(jj), specific professional development programs to assist the professional licensee in improving his or her skills as a principal, the professional licensee shall complete activities in those identified areas or shall complete those specific programs. In reviewing the professional licensee's application for license renewal, the department shall deny the application for renewal if the professional licensee does not comply with the requirements specified in this paragraph (e).

(f) (I) In selecting professional development activities for renewal of a professional teacher license only, in addition to the other requirements set forth in this section, except for those set forth for special services, principal, or administrator licenses in subsection (3)(b.7) of this section, the professional teacher licensee shall complete a minimum of ten clock hours of the professional development hours required during the term of any professional license in training relating to:

(A) Behavioral health training that is culturally responsive and trauma- and evidence-informed; and

(B) Increasing awareness of laws and practices relating to educating students with disabilities in the classroom, including but not limited to child find and inclusive learning environments.

(II) The ten clock hours required pursuant to subsection (3)(f)(I) of this section may be obtained through any combination of courses related to subsection (3)(f)(I) of this section, so long as at least one of the required clock hours is related to behavioral health training that is culturally responsive and trauma- and evidence-informed and one of the required clock hours is related to increasing awareness of laws and practices relating to educating students with disabilities in the classroom, including but not limited to child find and inclusive learning environments.

(III) A professional teacher licensee who has less than three years left in the license renewal period on June 30, 2020, has until the end of the next applicable renewal period to complete the requirements established in subsection (3)(f)(I) of this section and may submit classes and activities completed within five years prior to June 30, 2020, to satisfy the requirements of subsection (3)(f)(I) of this section.

(IV) Nothing in subsection (3)(f)(I) of this section prohibits a professional teacher licensee from applying a single professional development course or activity to one or more content or hourly requirements established pursuant to this section or by rule of the state board of education.

(V) The behavioral health training required pursuant to subsection (3)(f)(I) of this section may include programs such as:

(A) Mental health first aid specific to youth and teens;

(B) Staff development training modules concerning how to prevent teen suicide;

(C) Interconnected systems framework for positive behavioral interventions and supports and mental health;

(D) Training approved or provided by the school district where the teacher is employed;

(E) Training concerning students with behavioral concerns or disabilities;

(F) Training modules concerning child traumatic stress; and

(G) Any other program or training that meets the requirements of this subsection (3)(f).

(4) Any applicant whose application for renewal of any license has been denied may appeal to the state board of education. If the state board of education finds that the applicant has met the criteria established by this section and by rule and regulation of the state board of education, the renewal of the license shall be approved by said board.

(5) Any person whose professional license or master certificate is not renewed may reinstate his or her professional license or master certificate by submitting to the department of education such information or other evidence as may be necessary to cure the defect that resulted in nonrenewal of the professional license or master certificate and by paying the reinstatement fee set by the state board of education pursuant to section 22-60.5-112. Such curative information or evidence includes but is not limited to evidence of completion of professional development requirements, as specified in subsection (3) of this section, where the license or master certificate is not renewed because of failure to complete such requirements. Prior to reinstatement, any licensee whose professional license or master certificate is not renewed shall be deemed to not hold a professional license or master certificate. No person shall be required to demonstrate professional competencies in order to reinstate a professional license or master certificate.
C.R.S. § 22-31-128 — CO Code / Title 22 / Article 31 / Section 22-31-128
22-31-128. Recall of school directors
Status: in_force

22-31-128. Recall of school directors. (Deleted by amendment)
C.R.S. § 22-63-202 — CO Code / Title 22 / Article 63 / Part 2 / Section 22-63-202
22-63-202. Employment contracts - contracts to be in writing - duration - damage provision
Status: repealed

22-63-202. Employment contracts - contracts to be in writing - duration - damage provision. (1) Except for a part-time or substitute teacher, every employment contract entered into by any teacher or chief administrative officer for the performance of services for a school district shall be in writing.

(2) (a) A teacher or chief administrative officer and the board may mutually agree to terminate the teacher's or chief administrative officer's employment contract at any time.

(b) Each employment contract executed pursuant to this section shall contain a provision stating that a teacher or chief administrative officer shall not terminate his or her employment contract with the board without the agreement of the board unless:

(I) If the teacher or chief administrative officer intends to terminate his or her employment contract for the succeeding academic year, the teacher or chief administrative officer gives written notice to the board of his or her intent no later than thirty days prior to the commencement of the succeeding academic year or, if a school district operates an alternative year program, not less than thirty days before the commencement of services under the employment contract; or

(II) If the teacher or chief administrative officer intends to terminate his or her employment contract for the current academic year after the beginning of the academic year, the teacher or chief administrative officer shall give written notice to the board of his or her intent at least thirty days prior to the date that the teacher or chief administrative officer intends to stop performing the services required by the employment contract.

(b.5) Each employment contract executed pursuant to this section shall contain a provision stating that a teacher or chief administrative officer shall accept the terms of the employment contract for the succeeding academic year within thirty days of receipt of the contract, unless the teacher or chief administrative officer and the district have reached an alternative agreement. If a teacher or chief administrative officer does not accept the terms of the employment contract within thirty days of receipt, the district shall be authorized to open the position to additional candidates.

(c) Each employment contract executed pursuant to this section shall contain a damages provision whereby a teacher or chief administrative officer who violates the provision required by paragraph (b) of this subsection (2) without good cause shall agree to pay damages to the school district, and the board thereof shall be authorized to collect or withhold damages from compensation due or payable to the teacher or chief administrative officer, in an amount equal to the lessor of:

(I) The ordinary and necessary expenses of a board to secure the services of a suitable replacement teacher or chief administrative officer; or

(II) One-twelfth of the annual salary specified in the employment contract.

(c.5) (I) The general assembly finds that, for the fair evaluation of a principal based on the demonstrated effectiveness of his or her teachers, the principal needs the ability to select teachers who have demonstrated effectiveness and have demonstrated qualifications and teaching experience that support the instructional practices of his or her school. Therefore, each employment contract executed pursuant to this section shall contain a provision stating that a teacher may be assigned to a particular school only with the consent of the hiring principal and with input from at least two teachers employed at the school and chosen by the faculty of teachers at the school to represent them in the hiring process, and after a review of the teacher's demonstrated effectiveness and qualifications, which review demonstrates that the teacher's qualifications and teaching experience support the instructional practices of his or her school.

(II) Repealed.

(III) (A) Any active nonprobationary teacher who was deemed effective during the prior school year and has not secured a mutual consent placement shall be a member of a priority hiring pool, which priority hiring pool shall ensure the nonprobationary teacher a first opportunity to interview for a reasonable number of available positions for which he or she is qualified in the school district.

(B) When a determination is made that a nonprobationary teacher's services are no longer required for the reasons set forth in subparagraph (VII) of this paragraph (c.5), the nonprobationary teacher shall be notified of his or her removal from the school. In making decisions pursuant to this paragraph (c.5), a school district shall work with its local teachers association to develop policies for the local school board to adopt. If no teacher association exists in the school district, the school district shall create an eight-person committee consisting of four school district members and four teachers, which committee shall develop such policies. Upon notice to the nonprobationary teacher, the school district shall immediately provide the nonprobationary teacher with a list of all vacant positions for which he or she is qualified, as well as a list of vacancies in any area identified by the school district to be an area of critical need. An application for a vacancy shall be made to the principal of a listed school, with a copy of the application provided by the nonprobationary teacher to the school district. When a principal recommends appointment of a nonprobationary teacher applicant to a vacant position, the nonprobationary teacher shall be transferred to that position.

(C) This subparagraph (III) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs.

(IV) If a nonprobationary teacher is unable to secure a mutual consent assignment at a school of the school district after twelve months or two hiring cycles, whichever period is longer, the school district shall place the teacher on unpaid leave until such time as the teacher is able to secure an assignment. If the teacher secures an assignment at a school of the school district while placed on unpaid leave, the school district shall reinstate the teacher's salary and benefits at the level they would have been if the teacher had not been placed on unpaid leave.

(V) Nothing in this section shall limit the ability of a school district to place a teacher in a twelve-month assignment or other limited-term assignments, including, but not limited to, a teaching assignment, substitute assignment, or instructional support role during the period in which the teacher is attempting to secure an assignment through school-based hiring. Such an assignment shall not constitute an assignment through school-based hiring and shall not be deemed to interrupt the period in which the teacher is required to secure an assignment through school-based hiring before the district shall place the teacher on unpaid leave.

(VI) The provisions of this paragraph (c.5) may be waived in whole or in part for a renewable four-year period by the state board of education pursuant to section 22-2-117, provided that the local school board applying for the waiver, in conjunction with the superintendent and teachers association in a district that has an operating master employment contract, if applicable, demonstrates that the waiver is in the best interest of students enrolled in the school district, supports the equitable distribution of effective teachers, and will not result in placement other than by mutual consent of the teacher in a school district or public school that is required to implement a priority improvement plan or turnaround plan pursuant to article 11 of this title. Notwithstanding the provisions of this paragraph (c.5), a waiver shall not be granted for a request that extends the time for securing an assignment through school-based hiring for more than two years.

(VII) This paragraph (c.5) shall apply to any teacher who is displaced as a result of drop in enrollment; turnaround; phase-out; reduction in program; or reduction in building, including closure, consolidation, or reconstitution.

(d) The department of education may suspend the license, endorsement, or authorization of a teacher or chief administrative officer who fails to provide the notice required by paragraph (b) of this subsection (2) and who abandons, fails, or refuses to perform required services pursuant to an employment contract, without good cause.

(3) A teacher may be suspended temporarily during the contractual period until the date of dismissal as ordered by the board pursuant to section 22-63-302 or may have his or her employment contract canceled during the contractual period when there is a justifiable decrease in the number of teaching positions. The manner in which employment contracts will be canceled when there is a justifiable decrease in the number of teaching positions shall be included in any contract between the board of education of the school district and school district employees or in an established policy of the board, which contract or policy shall include the criteria described in section 22-9-106 as significant factors in determining which employment contracts to cancel as a result of the decrease in teaching positions. Effective February 15, 2012, the contract or policy shall include consideration of probationary and nonprobationary status and the number of years a teacher has been teaching in the school district; except that these criteria may be considered only after the consideration of the criteria described in section 22-9-106 and only if the contract or policy is in the best interest of the students enrolled in the school district.

(4) (a) Notwithstanding the provisions of section 24-72-204 (3)(a), C.R.S., upon a request from a school district or a school concerning a person applying for a position as a teacher, a school district may disclose to the requesting school district or school the reason or reasons why a teacher left employment with the original school district. Upon the specific request of a school district at which a teacher has applied for employment, a school district may disclose any pertinent performance record or disciplinary record of a teacher that specifically relates to any negligent action of the teacher that was found to have endangered the safety and security of a student or any disciplinary record that relates to behavior by the teacher that was found to have contributed to a student's violation of the school district's conduct and discipline code. The information disclosed pursuant to this paragraph (a) shall only be disclosed to personnel authorized to review the personnel file in the school district or school and to the person applying for a position as a teacher.

(b) No employment contract executed pursuant to this section shall contain a provision that restricts or prohibits a school district from disclosing to another school district or school the reason or reasons why a teacher left employment with the original school district or from disclosing to another school district any of the teacher's disciplinary or performance records pursuant to paragraph (a) of this subsection (4).
C.R.S. § 22-38-102 — CO Code / Title 22 / Article 38 / Section 22-38-102
22-38-102. Legislative declaration
Status: in_force

22-38-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) It is the goal of the state of Colorado to provide educational opportunities to all students who choose to pursue such opportunities;

(b) To maintain discipline in the public schools, it is sometimes essential for the public schools to expel students;

(c) Students who are expelled from public schools are much more likely than their former classmates to fail to obtain a high school education and to have early contacts with the criminal justice system;

(d) Providing students in the sixth through ninth grades who have been expelled with the opportunity to continue their education in a proper setting will enhance the possibility that they will continue their education and become productive members of society;

(e) The best way to promote a desire to stay in school is to intervene in a student's academic career prior to the student entering high school; and

(f) As students who are expelled from public schools no longer belong to any school district, it is appropriate for the state to devise programs to meet their needs.

(2) The general assembly further finds and declares that this article is enacted for the following purposes:

(a) To complement the present disciplinary systems in existence at Colorado public schools;

(b) To encourage diverse approaches to educating children who have been expelled;

(c) To provide students who have been expelled with the opportunity to continue their education;

(d) To determine the most effective means of addressing the educational, psychological, cultural, and other needs of those students who have been expelled; and

(e) To provide resources for development of an extended day, year-round program for students who require more intense supervision and instruction.
C.R.S. § 22-33-108 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-108
22-33-108. Judicial proceedings
Status: in_force

22-33-108. Judicial proceedings. (1) Those courts having jurisdiction over juvenile matters in a judicial district shall have original jurisdiction over all matters arising out of the provisions of this article.

(1.5) (a) All proceedings brought under this article shall be commenced in the judicial district in which the child resides or is present.

(b) When proceedings commence under this article in a judicial district other than that of the child's residence or when the child changes his or her judicial district of residence after a proceeding under this article commences, the court in which proceedings commenced may, on its own motion or on the motion of any interested party, transfer the case to the court in the judicial district where the child resides.

(c) When a court transfers venue pursuant to paragraph (b) of this subsection (1.5), the court shall transmit all documents and reports, or certified copies thereof, to the receiving court, which court shall proceed with the case as if the petition had been originally filed in that court.

(2) Within five business days after a board of education's determination to uphold an expulsion or denial of admission, the board of education shall issue a written order providing notice of the decision. If a student or the student's parent, guardian, or legal custodian desires court review of an order of the board of education issued pursuant to this article 33, the student or the student's parent, guardian, or legal custodian must notify the board of education in writing within five business days after receiving official notice of the board of education's action. The board of education shall issue, or cause to be issued, to the student or the student's parent, guardian, or legal custodian a statement of the reasons for the board of education's action within five business days. Upon receiving the notice from the student or the student's parent, guardian, or legal custodian, the board of education shall provide a complete and accurate copy of the expulsion record to the student or the student's parent, guardian, or legal custodian within five business days. Within ten business days after receiving the board of education's expulsion record, the student or the student's parent, guardian, or legal custodian may file with the court a petition requesting that the order of the board of education be set aside, to which must be appended the statement of the board of education. No docket or other fees are collected by the court in connection with this proceeding.

(3) After the petition is filed, the court shall notify the board of education and shall hold a hearing on the matter within twenty-one calendar days. The court shall conduct judicial review of a hearing decision pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure and rule 3.8 of the Colorado rules of juvenile procedure.

(4) It is the duty of the attorney for the school district, an employee authorized by the local board of education pursuant to section 13-1-127 (7), C.R.S., to represent the school district in truancy proceedings, the attendance officer designated by the local board of education, or the local board of education to initiate, when appropriate, proceedings for the enforcement of the compulsory attendance provisions of this article upon request by the attendance officer of the district or of the state.

(5) (a) It is the intent of the general assembly that, in enforcing the compulsory school attendance requirements of this article, a school district shall employ best practices and research-based strategies to minimize the need for court action and the risk that a court will issue detention orders against a child or parent.

(b) A school district shall initiate court proceedings to compel a child and the child's parent to comply with the attendance requirements specified in this article but only as a last-resort approach to address the child's truancy and only if a child continues to be habitually truant after school or school district personnel have created and implemented a plan pursuant to section 22-33-107 (3) to improve the child's school attendance.

(c) Before initiating court proceedings to compel compliance with the attendance requirements specified in this article, the school district shall give the child and the child's parent written notice that the school district will initiate proceedings if the child does not comply with the attendance requirements of this article. The school district may combine the notice and summons. If combined, the petition must state the date on which the school district will initiate proceedings, which date must not be less than five days after the date of the notice and summons. The notice must state the provisions of this article with which compliance is required and must state that the school district will not initiate proceedings if the child complies with the identified provisions before the proceedings are filed.

(d) If a school district initiates court proceedings pursuant to this subsection (5), the school district, at a minimum, must submit to the court evidence of:

(I) The child's attendance record prior to and after the point at which the child was identified as habitually truant;

(II) Whether the child was identified as chronically absent and, if so, the strategies the school district used to improve the child's attendance;

(III) The interventions and strategies used to improve the child's attendance before school or school district personnel created the child's plan described in section 22-33-107 (3); and

(IV) The child's plan and the efforts of the child, the child's parent, and school or school district personnel to implement the plan.

(6) The court before which a proceeding to compel attendance is brought may issue, in its discretion, an order against the child or the child's parent or both compelling the child to attend school as provided by this article or compelling the parent to take reasonable steps to assure the child's attendance. The order must require the child and parent to cooperate with the school district in complying with the plan created for the child pursuant to section 22-33-107 (3).

(7) (a) If the child or youth does not comply with the valid court order issued against the child or youth or against both the parent and the child or youth, the court may order that an assessment for neglect as described in section 19-3-102 (1) be conducted as provided in section 19-3-501. In addition, the court may order the child or youth to show cause why he or she should not be held in contempt of court. When instituting contempt of court proceedings pursuant to this subsection (7), the court shall provide all procedural protections mandated in rule 107 of the Colorado rules of civil procedure, or any successor rule, concerning punitive sanctions for contempt.

(a.5) A judge or magistrate of any court may issue a warrant that authorizes the taking into temporary custody of a child or youth who has failed to appear for a court hearing for a truancy or contempt action; except that any such warrant must provide for release of the child or youth from temporary custody on an unsecured personal recognizance bond that is cosigned by the child's or youth's parent or legal guardian or, if the child or youth is in the custody of the department of human services, cosigning may be accomplished by a representative of the department of human services. In the alternative, the warrant may direct that the child or youth must only be arrested while court is in session and that he or she be taken directly to court for an appearance rather than booked into secure confinement.

(b) The court may impose sanctions after a finding of contempt that may include, but need not be limited to, community service to be performed by the child or youth, supervised activities, participation in services for at-risk students, as described by section 22-33-204, and other activities having the goal of ensuring that the child or youth has an opportunity to obtain a quality education.

(c) (I) If the court finds that the child or youth has refused to comply with the plan created for the child or youth pursuant to section 22-33-107 (3), the court may impose on the child or youth, as a sanction for contempt of court, a sentence of detention for no more than forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services pursuant to section 19-2.5-1511 and any rules promulgated by the Colorado supreme court. The court shall not sentence a child or youth to detention as a sanction for contempt of court unless the court finds that detention is in the best interest of the child or youth as well as the public. In making such a finding, the court shall consider the following factors, including that:

(A) The child or youth has violated a valid court order;

(B) National and Colorado-specific evidence shows that detaining children and youth for truancy alone is counterproductive and harmful to children and youth;

(C) The legislative intent is that a child or youth who is truant must not be placed in secure confinement for truancy alone;

(D) Detention is likely to have a detrimental effect on the child's or youth's school attendance; and

(E) Detention is likely to have an effect on the child's or youth's future involvement with the criminal justice system.

(II) There is a rebuttable presumption that a child or youth must receive credit for time served if he or she is sentenced to detention pursuant to subsection (7)(c)(I) of this section for violating a valid court order to attend school. If the court rebuts this presumption, it shall explain its reasoning on the record.

(8) If the parent refuses or neglects to obey the order issued against the parent or against both the parent and the child, the court may order the parent to show cause why he or she should not be held in contempt of court, and, if the parent fails to show cause, the court may impose a fine of up to but not more than twenty-five dollars per day or confine the parent in the county jail until the order is complied with.
C.R.S. § 22-30.5-505 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-505
22-30.5-505. State charter school institute - institute board - appointment - powers and duti
Status: repealed

22-30.5-505. State charter school institute - institute board - appointment - powers and duties - rules. (1) The institute shall consist of the institute board, appointed pursuant to subsection (2) of this section, and any staff or contract employees hired by the institute board as authorized by law. Any staff hired by the institute board shall be deemed employees subject to the state personnel system of this state as defined in section 13 of article XII of the state constitution and article 50 of title 24, C.R.S.; except that, as a matter of legislative determination, all positions classified by the institute board as professional officers and professional staff of the institute are declared to be educational in nature and exempt from the state personnel system.

(2) (a) The institute board consists of nine members, no more than five of whom are members of the same political party. Seven of the members shall be appointed by the governor, with the consent of the senate, and two of the members shall be appointed by the commissioner. In making the appointments, the governor and the commissioner shall ensure the institute board reflects the geographic diversity of the state and shall ensure that at least one member of the institute board is a parent of a student who is, or who has been, enrolled in an institute charter school. Members appointed to the institute board shall have experience in at least one of the following areas:

(I) Experience as a charter school board member or founder of a charter school;

(II) Experience as a public school administrator with experience working with charter schools;

(III) Financial management expertise;

(IV) Detailed knowledge of charter school law;

(V) Other board or public service experience;

(VI) Experience as a public school teacher;

(VII) Online education and online curriculum development expertise;

(VIII) School district special education expertise; and

(IX) Curriculum and assessment expertise.

(b) The members of the institute board shall serve terms of three years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. A member shall not serve more than six consecutive years.

(c) An institute board member may be removed for any cause that renders the member incapable or unfit to discharge the duties of the office. Whenever a vacancy on the institute board exists, the person making the original appointment shall appoint a member for the remaining portion of the unexpired term created by the vacancy.

(d) During a member's term of office, a member of the institute board shall not be a member of the general assembly; an officer, employee, or board member of a school district; a member of the state board; or an employee of the institute board or the department of education.

(3) The mission of the institute board shall be to foster high-quality public school choices offered through institute charter schools, including particularly schools that are focused on closing the achievement gap for at-risk students. In discharging its duties pursuant to this part 5, the institute shall:

(a) Act as a model of best practices in authorizing charter schools;

(b) Use state and federal systems for ensuring the accountability of each institute charter school in meeting the obligations and goals set forth in its contract and shall adopt and implement policies for accreditation of institute charter schools as described in section 22-11-307;

(c) Measure the academic success of each institute charter school student through longitudinal indices;

(d) Measure the academic success of each institute charter school through performance-based means and not process-based means;

(d.5) Meet at least once each year with the school accountability committees of the institute charter schools to discuss issues concerning accountability and accreditation of institute charter schools;

(e) Provide the opportunity for a student enrolled in an institute charter school to develop a plan for academic remediation upon the request of the student's parent or legal guardian; and

(f) Ensure that, in developing and maintaining each student's individual career and academic plan, the counselor or teacher explains to the student's parent or legal guardian, by electronic mail or other written form, and to the student the requirements for and benefits of concurrently enrolling in courses with an institution of higher education pursuant to the "Concurrent Enrollment Programs Act", article 35 of this title 22. Based on a request from the student or the student's parent or legal guardian, the counselor or teacher shall assist the student in course planning to enable the student to concurrently enroll in courses with an institution of higher education.

(3.5) The institute board shall ensure that the names of institute board members and the schedule of, agendas for, and minutes of the meetings and hearings held by the institute board are promptly posted and updated on the state charter school institute's website. The department on its website shall provide a link to the state charter school institute's website.

(4) In addition to any other powers granted by law to the institute board, the institute board has the following powers:

(a) To have and use a corporate seal;

(b) To sue and be sued in its own name;

(c) To incur debts, liabilities, and obligations, subject to any limitations imposed thereon pursuant to law;

(d) To cooperate and contract with the state or federal government or an agency or instrumentality thereof and to apply for and receive grants or financial assistance from any such entities;

(e) To acquire, hold, lease, sell, or otherwise dispose of real or personal property or a commodity or service;

(f) To do or perform an act authorized by this part 5 by means of an agent or by contract with a person, firm, or corporation;

(g) To provide for the necessary expenses of the institute board in the exercise of its powers and the performance of its duties and to reimburse a board member for necessary expenses incurred in the performance of the board member's duties;

(h) To provide for the proper keeping of accounts and records and for budgeting of funds;

(i) To act as a public entity for purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.;

(j) To exercise the same powers retained by boards of cooperative services that are described in section 22-5-108;

(k) To promulgate rules in accordance with article 4 of title 24 for the administration of this part 5;

(l) To award grants from the institute charter school assistance fund as provided in section 22-30.5-515.5; and

(m) To enter into an agreement with a district charter school as provided in section 22-30.5-105.3 to allow the district charter school to participate in the administrative unit of the state charter school institute to provide services pursuant to article 20 of this title 22.

(5) No later than ninety days after the date the institute commences operations, as described in section 22-30.5-506 (2)(a), the institute board shall promulgate rules that set forth the procedures for the acceptance of institute charter school applications and the criteria for authorizing institute charter schools pursuant to this part 5.

(6) (a) The institute may contract with boards of cooperative services created pursuant to article 5 of this title, or with any other qualified individual or public or private entity or organization, including a school district, for the provision of administrative or other support services directly to the institute or for the benefit of institute charter schools.

(b) This part 5 shall not be construed to require the institute to provide services to an institute charter school, to require an institute charter school to purchase services from the institute, nor to prohibit an institute charter school from purchasing education-related services from any sources available, including a school district.

(7) The institute shall ensure that each institute charter school complies with the provisions of articles 7 and 11 of this title. Each institute charter school shall be responsible for gathering and submitting to the institute the data necessary to prepare a school performance report required by section 22-11-503 for the institute charter school.

(8) The institute shall ensure that each institute charter school adopts content standards as required in section 22-7-1013.

(9) The institute shall ensure that each institute charter school addresses the expulsion, suspension, and education of expelled or suspended students in a manner consistent with the intents and purposes of sections 22-33-105, 22-33-106, 22-33-106.1, and 22-33-203.

(10) The institute may issue requests for proposals to solicit applications for an institute charter school to serve at-risk students.

(11) The institute shall annually review each institute charter school's accomplishment of the goals described in section 22-30.5-509.

(12) (a) The institute shall collect from each institute charter school authorized on or after July 1, 2010, the data specified in paragraph (b) of this subsection (12) for the institute charter school's first academic year of operation. At a minimum, the institute shall require the institute charter school to submit the collected data by August 1 of the institute charter school's first academic year of operation and to update the information, if necessary, by the following May 1. Upon receipt of a request from a school district, the institute shall provide a copy of the collected data to the school district.

(b) The data collected pursuant to this subsection (12) shall include, at a minimum:

(I) The projected aggregate number of students enrolling in the institute charter school for the academic year who were enrolled in schools of the school district for the preceding academic year; and

(II) For each student included in subparagraph (I) of this paragraph (b), to the extent known:

(A) The name of the school in which the student was enrolled in the preceding academic year; and

(B) The name of the institute charter school and the grade in which the student is enrolled for the academic year.

(13) Pursuant to section 22-30.5-517, the institute shall adopt and implement a policy that regulates the sale of beverages to students at an institute charter school.

(14) If an institute charter school requests in writing that the institute provide food services pursuant to a contract with the institute charter school that includes certain terms specified by the institute charter school, the institute may attempt to negotiate the terms of the contract with the institute charter school. If the institute and the institute charter school attempt to negotiate contract terms that are mutually satisfactory, and the negotiations fail to produce such mutually satisfactory terms, the institute shall:

(a) Agree to provide food services to the institute charter school according to the terms requested by the institute charter school; or

(b) Allow the institute charter school to transfer the maintenance, supervision, and operation of the institute charter school's food-service facility from the institute to a school food authority.

(15) Pursuant to section 22-30.5-518, the institute shall adopt and implement a policy for the management of food allergies and anaphylaxis among students enrolled in institute charter schools.

(16) Pursuant to section 22-30.5-519, the institute shall annually provide to parents and legal guardians the standardized immunization document developed by the department of public health and environment pursuant to section 25-4-902 (4), C.R.S.

(17) Repealed.

(18) The institute shall ensure that each institute charter school, working with its school accountability committee, adopts and implements a policy concerning physical activity for students enrolled in the institute charter school, which policy meets the requirements specified in section 22-32-136.5.

(19) (a) Pursuant to section 22-30.5-521, on or before October 1, 2011, the institute shall adopt and implement a policy concerning bullying prevention and education. The policy, at a minimum, shall set forth appropriate disciplinary consequences for students who bully other students and for any person who takes any retaliatory action against a student who reports in good faith an incident of bullying, which consequences shall comply with all applicable state and federal laws.

(b) The institute is encouraged to include in the policy it adopts and implements pursuant to paragraph (a) of this subsection (19) the biennial administration of surveys of students' impressions of the severity of bullying in their schools, as described in section 22-93-104 (1)(c); character building; and the designation of a team of persons at each institute charter school who advise the school administration concerning the severity and frequency of bullying incidents that occur in the school, which team may include, but need not be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health professionals, counselors, teachers, administrators, parents, and students.

(20) The institute shall annually distribute to each institute charter school informational materials received from the department of education pursuant to section 22-2-112 (1)(t) relating to federal student loan repayment programs and student loan forgiveness programs.

(21) (a) An institute charter school that is part of a charter school network or a member of a charter school collaborative, which network or collaborative is authorized as an administrative unit pursuant to section 22-20-106, shall notify the institute of its intent to participate in the administrative unit of the network or collaborative with which the institute charter school is affiliated. The institute charter school and the institute shall amend the institute charter contract, pursuant to this section, as necessary to allow the institute charter school to participate in the alternative administrative unit.

(b) An institute charter school may submit a request to an existing alternative administrative unit that is not the institute to enter into an agreement to participate in the existing alternative administrative unit. An existing alternative administrative unit that is not the institute may enter into an agreement only if the existing alternative administrative unit determines that the institute charter school meets the criteria set forth in section 22-30.5-105.3 (2)(a).

(c) An institute charter school that enters into an agreement with an alternative administrative unit pursuant to subsection (21)(b) of this section shall notify the institute of its intent to participate in the administrative unit of a charter school network or charter school collaborative that is authorized as an administrative unit pursuant to section 22-20-106. The institute charter school and the institute shall amend the institute charter school contract as necessary to allow the institute charter school to participate in the alternative administrative unit.

(d) If the institute objects to amending an institute charter school's contract to allow participation in an alternative administrative unit pursuant to subsection (21)(a) or (21)(b) of this section, the institute shall provide to the institute charter school a written explanation of the grounds for its objection.

(e) Negotiations to amend the institute charter contract to allow the institute charter school to participate in the alternative administrative unit pursuant to this subsection (21) must not include negotiations regarding terms of the institute charter contract that are not directly impacted by the institute charter school's participation in the alternative administrative unit and must not unilaterally reopen the institute charter school's authorization. The amended contract may include provisions permitting consideration of the institute charter school's special education performance as part of the overall institute charter school performance.

(f) The state charter school institute shall not require an institute charter school to participate in an alternative administrative unit as a condition of approval of its application or approval or renewal of its contract with the state charter school institute.
C.R.S. § 22-1-143 — CO Code / Title 22 / Article 1 / Section 22-1-143
22-1-143. Harassment or discrimination - policy required - training and notification - def
Status: in_force

22-1-143. Harassment or discrimination - policy required - training and notification - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Contractor" means a person who has direct contact with or supervision over students pursuant to a contract with a school or local education provider.

(b) "Complainant" means a person who is subject to, and files a report of, alleged misconduct or discrimination pursuant to a local education provider's policy.

(b.5) "Department" means the department of education created in section 24-1-115.

(c) "Employee" means any employee of the public school or school district, including teachers, teacher aides, bus drivers, cafeteria workers, custodial staff, athletic staff, administrative and clerical staff, school medical staff and security staff, and contractors.

(d) (I) "Harassment or discrimination" means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry, which conduct or communication is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute harassment or discrimination and constitutes harassment or discrimination if:

(A) Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual's access to an educational service, opportunity, or benefit;

(B) Submission to, objection to, or rejection of the conduct or communication is used or explicitly or implicitly threatened to be used as a basis for educational decisions affecting the individual; or

(C) The conduct or communication has the purpose or effect of unreasonably interfering with the individual's access to their educational service, opportunity, or benefit or creating an intimidating, hostile, or offensive educational environment.

(II) Petty slights, minor annoyances, and lack of good manners do not constitute harassment or discrimination unless the slights, annoyances, or lack of manners, when taken in combination and under the totality of the circumstances, meet the standard set forth in subsection (1)(d)(I) of this section.

(III) Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances, which may include, but is not limited to:

(A) The frequency of the conduct or communication, recognizing that a single incident may rise to the level of harassment or discrimination;

(B) The number of individuals engaged in the conduct or communication;

(C) The type or nature of the conduct or communication;

(D) The duration of the conduct or communication;

(E) The location where the conduct or communication occurred;

(F) Whether the conduct or communication is threatening;

(G) Whether any power differential exists between the individual alleged to have engaged in harassment or discrimination and the individual alleging the harassment or discrimination;

(H) Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading;

(I) Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class; or

(J) Whether the conduct includes an act of physical violence.

(IV) Harassment or discrimination includes the knowing or intentional use of a name other than a student's chosen name, as defined in section 22-1-145 (1).

(e) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.

(e.5) "Office of school safety" means the office of school safety created in section 24-33.5-2702.

(f) "Policy" means the policy adopted by a local education provider as required in subsection (3) of this section.

(g) "Public school" means an elementary school, middle school, junior high school, high school, or district charter school of a school district that enrolls students in any of grades kindergarten through twelve or an institute charter school that enrolls students in any of grades kindergarten through twelve.

(h) "Respondent" means the individual who has been reported to be the perpetrator of alleged harassment or discrimination.

(i) "Title IX" means Title IX of the federal "Education Amendments of 1972", 20 U.S.C. secs. 1681 et seq., as amended.

(2) (a) A public school shall accept formal reports of harassment or discrimination in writing or in person; by phone, e-mail, or online form.

(b) A report of harassment or discrimination received by a public school is confidential and employees shall keep information learned during an investigation of harassment or discrimination confidential to the extent practicable. Nothing in this section prevents employees from reporting known or suspected child abuse or neglect as required pursuant to section 19-3-304 or reporting any other criminal activity to law enforcement. Nothing in this section prohibits a public school or a local education provider from providing records to law enforcement, the department of human services, or a district attorney for the investigation or prosecution of any crime.

(c) Each public school shall post notices in multiple places in the school, written in simple and age-appropriate language, describing how and to whom a student can report harassment or discrimination to the school. The notices must be conspicuously posted in easily accessible and well-lit places customarily frequented by students and employees.

(d) Each local education provider shall adopt procedures for investigating reports of harassment or discrimination, which must be fair, impartial, and prompt, and must:

(I) Require a public school to make a good faith effort to complete an investigation and make any findings within sixty days after the report, without infringing upon the rights enshrined in federal and state law of the complainant or the respondent; except that the public school may extend the sixty-day deadline for up to thirty additional days for good cause with prior written notice to the complainant and to the respondent of the delay and the reason for the delay or may extend the deadline at the request of a law enforcement agency;

(II) Include preponderance of the evidence as the evidentiary standard, notwithstanding any other evidentiary standard in any other policy of the local education provider;

(III) Specify that all questions related to the investigation be directed to the individual conducting the investigation, or the individual's designee, and that the individual or designee conducting the investigation shall consider patterns of misconduct as relevant evidence;

(IV) Provide the parties with the same opportunity to have an advisor or other person present during any part of the investigative process;

(V) Provide written updates about the status of an investigation or proceeding to the parties and the parties' parents or legal guardians at each stage of the investigation or proceeding, but at least every fifteen business days;

(VI) Provide for concurrent notification to the parties of the outcome of the investigation and any findings; and

(VII) Prohibit retaliation against a student who makes a report, or participates in an investigation into a report made, pursuant to this section. Charges against a student for code of conduct violations related to the incident for the purpose of punishing a student for making a report or otherwise interfering with any right or privilege secured by this section constitutes retaliation.

(e) Each local education provider shall retain the records of a harassment or discrimination report for seven years. The record of a report includes any accommodations or supportive measures taken in response to a report or formal complaint of harassment or discrimination and documentation of the basis for the local education provider's action and response.

(f) A public school shall grant an excused absence to a student who has experienced harassment or discrimination for any time the student is out of school because of a therapy, medical, legal, or victim services appointment related to the harassment or discrimination.

(g) (I) A public school shall offer accommodations and supportive measures to a student experiencing harassment or discrimination that are designed to protect the safety of all students and that preserve and restore equal access to education for the student. Accommodations and supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, extra time for homework or tests, the opportunity to resubmit homework or retake a test, remedying an impacted grade, excused absences, the opportunity for home instruction, modifications to class schedules, and restrictions on contact between the parties to a report of harassment or discrimination.

(II) A public school shall provide supportive measures required pursuant to Title IX, and may provide any other supportive measures as soon as it receives a report of harassment or discrimination.

(III) A public school shall not require a formal report or finding of harassment or discrimination before providing supportive measures.

(3) (a) On or before July 1, 2024, each local education provider shall adopt a written policy that protects students experiencing harassment or discrimination. The policy adopted pursuant to this subsection (3) is separate from and in addition to any policy a public school or local education provider must adopt pursuant to Title IX. Each local education provider shall periodically review and update the policy.

(b) The policy must be written in plain language and include the following:

(I) Information on all reporting options available to a student;

(II) The name and contact information for the person designated to receive reports of harassment or discrimination, who may be the Title IX coordinator or serve in an equivalent position in the school;

(III) An explanation of the school's role in responding to reports of harassment or discrimination, preventing recurrence of harassment or discrimination, and remedying effects of the harassment or discrimination;

(IV) The contact information for resources for victims of violence, including a local, state, or national twenty-four-hour helpline for domestic violence and sexual violence support;

(V) The protocol for employees to respond to reports of harassment or discrimination, including:

(A) The procedures adopted pursuant to subsection (2)(d) of this section for investigating reports of harassment or discrimination and making findings that are fair, impartial, and prompt; and

(B) Prohibiting reliance solely on a criminal investigation by a law enforcement agency in lieu of responding to a report of harassment or discrimination promptly and effectively;

(VI) A prohibition on a school using a student report of harassment or discrimination, whether verbal or in writing, or information revealed in any investigation or disciplinary proceedings of the report, as the basis for, or a consideration in, investigating or exacting any disciplinary response for a school violation by the reporting student or complainant related to the reported incident for any of the following: Engaging in reasonable self-defense against the respondent, consensual sexual activity, drug use, alcohol use, late arrival, truancy, unauthorized access to facilities, talking publicly about the reported harassment or discrimination, or expressing a trauma symptom; except that nothing in this section prohibits a school or local education provider from disciplining a student who knowingly makes a false report of harassment or discrimination, or disciplining a student when necessary to ensure the safety of any student or employee. A finding of no harassment or discrimination does not itself constitute a false report.

(VII) Information about available accommodations and supportive measures described in subsection (2)(g) of this section, including information about how a student can request supportive measures and an explanation of additional accommodations available for students with disabilities.

(c) Each public school shall make the policy available to students, students' parents and legal guardians, and employees by:

(I) Prominently displaying the policy on the home page of its website;

(II) Annually distributing the policy through electronic means to parents and legal guardians of students enrolled at the public school and separately to students enrolled in sixth through twelfth grade. The copy of the policy distributed pursuant to this subsection (3)(c)(II) must be distributed separately from any other document.

(III) Providing a physical copy of the policy to each incoming student and the parent or legal guardian of each incoming student, upon request; and

(IV) Annually distributing the policy to employees.

(d) A policy distributed to a student, parent, legal guardian, or employee, whether a physical or electronic copy, must be available in English and, upon request, in Spanish. The policy posted on the website must be in English and a school may also post the policy in Spanish.

(4) Beginning with the training conducted for employees for the 2025-26 school year, but beginning no later than December 31, 2025, each public school shall provide training to all employees about harassment and discrimination. Each new employee of a public school shall complete training upon hiring and at least every three years thereafter; except that an employee shall complete training when transferring from a position working with elementary school-aged students to a position working with secondary school-aged students, or transferring from a position working with secondary school-aged students to a position working with elementary school-aged students. The training must be provided during the employee's normal working hours. Training provided on and after August 1, 2025, must be consistent with the best practices developed pursuant to subsection (8) of this section. A public school may use the training developed and made available to schools pursuant to subsection (8)(h) of this section. The training must include, at a minimum, instruction on the following:

(a) Recognizing harassment or discrimination, including indicators of grooming and child sexual abuse, and distinguishing harassment and discrimination from bullying;

(b) The appropriate immediate response when harassment or discrimination is reported to or witnessed by an employee;

(c) Reporting harassment or discrimination to the public school or school district; and

(d) If the employee has direct supervision of students, the following:

(I) The public school's procedure for responding to allegations of harassment or discrimination;

(II) The difference between the public school's harassment or discrimination policy adopted pursuant to this section; obligations required by federal law in Title IX; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.; Title VI of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000d et seq.; and Title VII of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000e et seq.; and mandatory reporting requirements in state law;

(III) Best practices for avoiding victim-blaming; the effect of trauma on victims of harassment or discrimination; communicating with victims sensitively, compassionately, and in a gender-inclusive and culturally responsive manner; and the impact of harassment or discrimination on students with disabilities; and

(IV) The types of supportive measures available to students and the provision of effective academic, mental health, and safety accommodations for students who report harassment or discrimination.

(4.2) The training for employees who have direct supervision of students described in subsection (4)(d) of this section must include instruction that is specific based on whether the employee is supervising elementary school-aged students or secondary school-aged students.

(5) (a) On or before July 1, 2025, and on or before July 1 of each year thereafter, each public school of a school district shall report to the school district, and each institute charter school shall report to the state charter school institute, the following information, aggregated and without personally identifiable information about the parties, from the prior twelve months:

(I) The number of formal harassment or discrimination reports received by the school and the type of bias reported when harassment or discrimination was found; and

(II) The time to complete each investigation and to make findings related to each report.

(b) On or before August 1, 2025, and on or before August 1 of each year thereafter, the state charter school institute and each school district shall report to the department of education the information it received from each school pursuant to subsection (5)(a) of this section.

(c) On or before October 1, 2025, and on or before October 1 of each year thereafter, the department shall report the information received pursuant to this section to the sexual misconduct advisory committee created in section 23-5-147.

(6) (a) This section does not authorize a public school or local education provider, or the charter school institute, to violate any federal law, regulation, or guideline, including Title IX; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.; and Title VI of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000d et seq., in carrying out the duties described in this section. If this section conflicts with Title IX, section 504 of the federal "Rehabilitation Act of 1973", or Title VI of the federal "Civil Rights Act of 1964", the applicable federal law prevails.

(b) If a person files a complaint alleging conduct or communication that is governed by federal law and this section, both the federal law and this section apply and the school or local education provider shall concurrently evaluate the complaint pursuant to federal law and the procedures and policies required by this section.

(7) A complaint that is unsubstantiated is confidential and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24, and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes a pattern of the same or similar behavior.

(8) (a) The department shall enter into an agreement with an organization to develop best practices for local education providers, including public schools, to effectively respond to reports of harassment or discrimination.

(b) The department shall convene an evaluation committee to select the organization. The commissioner of education shall determine the composition of the committee; except that the evaluation committee must include:

(I) Two representatives who each represent a school district, one of whom represents a rural school district, appointed by the commissioner of education;

(II) Two persons who represent an organization that advocates for students who face harassment or discrimination, appointed by the commissioner of education;

(III) Two persons with lived experience of having faced harassment or discrimination, appointed by the commissioner of education;

(IV) Two students who are in grades seven through twelve, one of whom attends school in a rural school district, appointed by the commissioner of education; and

(V) Two representatives from the office of school safety, appointed by the director of the office of school safety.

(c) The organization selected pursuant to this subsection (8) must have experience in K-12 education, have expertise in trauma-informed responses to harassment or discrimination for K-12-aged students, and have expertise in the minimum training topics set forth in subsection (4) of this section.

(d) The selected organization shall develop best practices for the following:

(I) Notifications by schools and local education providers to students and parents of harassment or discrimination policies and procedures;

(II) How employees accept and respond to reports of harassment or discrimination;

(III) Implementing trauma-informed responses to students; and

(IV) Training for employees about their responsibilities when responding to harassment or discrimination, including distinguishing between bullying and harassment or discrimination, when possible.

(e) The best practices developed pursuant to this subsection (8) must be aligned with the goal of a local education provider or school conducting effective and impartial investigations of reports of harassment or discrimination and comply with the requirements for the training described in subsection (4) of this section.

(f) When developing the best practices described in subsection (8)(d) of this section, the selected organization shall evaluate a sample of school harassment or discrimination policies adopted by various schools nationwide and solicit and consider input from schools and local education providers statewide; the department; and the office of school safety. The selected organization shall also consider the resources of rural schools and local education providers. Upon request of the organization, the department shall assist the organization in soliciting feedback from schools and local education providers.

(g) (I) On or before December 31, 2024, the organization shall submit a report to the department, the office of school safety, and the house of representatives education committee and the senate education committee, or their successor committees. The report must include an explanation of the best practices developed pursuant to subsection (8)(d) of this section and any other relevant recommendations of the organization. The department shall post the report on its website and provide the report to each local education provider.

(II) The department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203 that occurs during the 2025 regular legislative session, information concerning the organization's report.

(h) The organization shall develop a harassment or discrimination training program for use by schools. The training program must be consistent with the best practices developed by the organization pursuant to this subsection (8) and comply with the requirements for the training described in subsection (4) of this section. On or before April 1, 2025, the organization shall provide the training program materials to the department. The department shall make the training program materials available to public schools at no cost to the school.

(i) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, developing best practices to effectively respond to reports of harassment or discrimination, as described in this subsection (8), improves student safety and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(j) The department shall not use more than ten percent of the money appropriated to develop best practices to effectively respond to reports of harassment or discrimination, as described in this subsection (8), for the administrative costs incurred related to developing the best practices.
C.R.S. § 22-31-129 — CO Code / Title 22 / Article 31 / Section 22-31-129
22-31-129. Vacancies
Status: in_force

22-31-129. Vacancies. (1) A school director office shall be deemed to be vacant upon the occurrence of any one of the following events prior to the expiration of the term of office:

(a) If for any reason a school director is not elected to a school director office by the eligible electors as may be required at a regular biennial school election;

(b) If the person who was duly elected or appointed fails, neglects, or refuses to subscribe to an oath of office as provided in section 22-31-125;

(c) If the person who was duly elected or appointed submits a written resignation to the board of education and such resignation has been duly accepted by the board of education;

(d) If the person who was duly elected or appointed is or becomes during the term of office a nonresident of the school district in which the person was elected or, in the event the district has a director district plan of representation or a combined director district and at-large plan of representation, if the director is or becomes during the term of office a nonresident of the director district which the director represents unless the director has been elected at the time of or prior to the adoption of a director district plan of representation or a combined director district and at-large plan of representation by the electors or prior to a revision and redesignation of director district boundaries;

(e) If the person who was duly elected or appointed is found guilty of a felony;

(f) If a court of competent jurisdiction voids the officer's election or appointment or removes the person duly elected or appointed for any cause whatsoever, but only after his right to appeal has been waived or otherwise exhausted;

(g) If a court of competent jurisdiction determines that the person duly elected or appointed is insane or otherwise mentally incompetent, but only after the right to appeal has been waived or otherwise exhausted, and a court enters, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the insanity or mental incompetency is of such a degree that the person is incapable of serving as a school director;

(h) If the person who was duly elected or appointed does not attend three consecutive regular meetings of the board of education, unless the board by resolution shall approve any additional absences or unless the absences are due to a temporary mental or physical disability or illness;

(i) If the person who was duly elected or appointed dies during the term of office.

(2) At the next board of education meeting immediately following the occurrence of any condition specified in subsection (1) of this section, the board of education of the district shall adopt a resolution declaring a vacancy in the school director office, and the board of education of the school district in which the vacancy occurs shall appoint a person to fill the vacancy within sixty days after the vacancy has occurred. If the appointment is not made by the board within the sixty-day period, the president of the board shall forthwith appoint a person to fill the vacancy. The appointment shall be evidenced by an appropriate entry in the minutes of the meeting and the board shall cause a certificate of appointment to be delivered to the person so appointed. A duplicate of each certificate of appointment shall be forwarded to the department of education.

(3) If the vacancy occurs more than ninety days prior to the next regular biennial school election and the unexpired term is for more than two years, an appointee to the office of school director shall serve until the next regular biennial school election when the successor for the remainder of the term is elected and has qualified. If the vacancy occurs within the ninety-day period prior to a regular biennial school election and the unexpired term is for more than two years, an appointee to the office of school director shall serve until the next succeeding regular biennial school election when a successor for the remainder of the term is elected and has qualified. Except as otherwise provided in this subsection (3), an appointee to the office of school director shall serve for the remainder of the unexpired term.

(4) Whenever the filling of a vacancy, as provided in subsection (3) of this section, causes terms of different duration to be open at the time of the regular election in a school district which has an at-large plan of representation or a combined director district and at-large plan of representation, candidates running at large shall designate the term for which they are running in accordance with section 1-4-803 (3), C.R.S.
C.R.S. § 22-20-103 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-103
22-20-103. Definitions
Status: repealed

22-20-103. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Administrative unit" means a school district, a board of cooperative services, a multi-district administrative unit, a charter school network, a charter school collaborative, or the state charter school institute, that is providing educational services to exceptional children and that is responsible for the local administration of this article 20.

(2) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)

(2.5) "Applicable revenues" means those revenues, as defined by rules promulgated by the state board pursuant to this article, that support special education expenditures.

(2.7) "Approved facility school" means an educational program that is operated by a facility to provide educational services to students placed in the facility and that, pursuant to section 22-2-407, has been placed on the list of facility schools that are approved to receive reimbursement for providing those educational services to students placed in the facility. An educational program provided by an administrative unit at a facility is not an approved facility school but is an educational program of the administrative unit that does not require approval by the department.

(3) "Board of cooperative services" means a regional educational services unit created pursuant to article 5 of this title and designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members.

(3.4) "Charter school collaborative" means a charter school collaborative formed pursuant to section 22-30.5-603.

(3.5) "Charter school network" means a charter school network formed pursuant to section 22-30.5-104.7.

(4) "Child find" means the program component of the IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes:

(a) Part C child find, administered by the department of human services, is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from birth through two years of age; and

(b) Part B child find, administered by the department, is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age.

(5) (a) "Children with disabilities" means:

(I) Those persons from three to twenty-one years of age who, by reason of one or more of the following conditions, are unable to receive reasonable benefit from general education:

(A) Autism spectrum disorders;

(B) A hearing impairment, including deafness;

(C) A serious emotional disability;

(D) An intellectual disability;

(E) Multiple disabilities;

(F) An orthopedic impairment;

(G) Other health impairment;

(H) A specific learning disability;

(I) A speech or language impairment;

(J) Traumatic brain injury;

(K) A visual impairment, including blindness; and

(L) Deaf-blindness.

(M) Repealed.

(II) Those persons from birth through two years of age who have been determined to be an infant or a toddler with a disability;

(III) Those persons from three through eight years of age who have been determined pursuant to 34 CFR 300.8 (b) to be children experiencing developmental delays.

(b) Notwithstanding the provisions of paragraph (a) or (b) of this subsection (5), for purposes of child find activities, "children with disabilities" means persons from birth to twenty-one years of age.

(6) "Communication mode or language" means one or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing:

(a) American sign language;

(b) English-based manual or sign systems; or

(c) Oral, aural, or speech-based training.

(7) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.

(8) "District charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title.

(8.3) "Early intervening services" means programs and activities for students in kindergarten through grade twelve, with an emphasis on students in kindergarten through grade three, who at the time they receive early intervening services are not identified as children with disabilities, but who need additional academic and behavioral supports in order to succeed in a general education environment.

(8.5) Repealed.

(8.7) "Educational placement" means the provision of special education services, including but not limited to those points along the continuum of alternative placements. "Educational placement" does not mean a specific place, such as a specific classroom or school.

(9) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1478, § 11, effective August 10, 2011.)

(9.5) "Emergency public placement" means a public placement made necessary because of an imminent danger to a child or others.

(10) "Equipment" means that equipment used especially for the instruction or assessment of children with disabilities.

(11) "Evaluation" means, for the purposes of part B child find, procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need.

(12) "Exceptional child" means:

(a) A child defined in subsection (5) of this section as a child with a disability. An administrative unit shall serve every child with a disability from three to twenty-one years of age.

(b) A child defined in section 22-20-202 (11) as a gifted child. Pursuant to section 22-20-204 (1), an administrative unit shall adopt and submit to the department a program plan to identify and serve gifted children who are at least five years of age.

(12.3) "Facility" means a day treatment center, residential child care facility, or other facility licensed by the department of human services pursuant to section 26-6-905 or a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103.

(12.7) "Foster home" has the same meaning as a "foster care home" as defined in section 26-6-903 and must be licensed by the state department of human services or certified by a county department of human or social services or certified by a child placement agency as defined in section 26-6-903.

(13) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)

(13.3) "Group home" means a congregate care facility licensed by the department of human services pursuant to section 26-6-905.

(13.5) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)

(14) "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find.

(15) "Individualized education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with this part 1 and the rules promulgated by the state board.

(16) "Individualized family service plan" or "IFSP" means a written statement developed by an entity representing the department of human services for a child from birth through two years of age with a disability, which statement is developed, reviewed, and revised in accordance with part C child find of IDEA and with rules promulgated by the department of human services.

(17) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title.

(18) "Least restrictive environment" means that:

(a) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who do not have disabilities; and

(b) Special classes, separate schooling, or other removal of children with disabilities from the general educational environment occurs only if the nature and severity of the disability is such that education in general classes with the use of supplementary aids and services cannot be satisfactorily achieved.

(19) "Literacy mode" means one of the following four systems or methods of achieving literacy applicable to blind children:

(a) "Auditory mode" means any method or system of achieving literacy that depends upon the auditory senses, including the use of readers, taped materials, electronic speech, speech synthesis, or any combination of the above.

(b) "Braille" means the system of reading and writing by means of raised points, commonly known as standard English braille.

(c) "Print enlargement" means any method or system of achieving literacy that includes optical aids to enhance apprehension of printed material, electronic enlargement of printed material, books and textual materials printed in large print, and any combination of the above.

(d) "Regular print mode" means any method or system of achieving literacy that depends upon the apprehension of regular-sized printed material.

(19.3) "Multi-district administrative unit" means a group of two or more school districts that did not form a board of cooperative services but were parties to an agreement existing on January 1, 2011, to provide educational services to exceptional children and to be responsible for the local administration of this article, which group of school districts the department recognized as of January 1, 2011, as an administrative unit.

(19.7) (a) "Parent" means:

(I) A biological or adoptive parent of a child;

(II) A foster parent;

(III) A guardian generally authorized to act as a child's parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state;

(IV) An individual acting in the place of a biological or adoptive parent, including but not limited to a grandparent, stepparent, or other relative, and with whom the child lives, or an individual who is legally responsible for the child's welfare; or

(V) An educational surrogate parent assigned by the responsible administrative unit consistent with rules promulgated by the state board in accordance with this article.

(b) (I) Except as provided in subparagraph (II) of this paragraph (b), the biological or adoptive parent, when attempting to act as a parent pursuant to this article, and when more than one party is qualified pursuant to paragraph (a) of this subsection (19.7) to act as a parent, shall be presumed to be the parent for purposes of this subsection (19.7) unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(II) If a judicial decree or order identifies a specific person or persons listed in subparagraphs (I) to (IV) of paragraph (a) of this subsection (19.7) to act as the parent of a child or to make educational decisions on behalf of a child, then the person or persons shall be determined to be the parent for purposes of this article.

(20) "Public agency" means a public agency that:

(a) Is not an administrative unit; and

(b) Is legally authorized to place a child in a facility or another out-of-home placement, including but not limited to a group home or a foster home.

(21) "Public placement" means the placement of a child with a disability in a facility or another out-of-home placement, including but not limited to a group home or foster home, by a court or public agency.

(22) "School district" means a school district organized and existing pursuant to law, but shall not include a local college district.

(22.7) "Special education expenditures" means those expenditures that are incurred by an administrative unit, state-operated program, or approved facility school for professional services associated with special education referrals and evaluations of children who may have a disability and the provision of special education services as identified on an individual student's individualized education program. Special education expenditures do not include the costs of the general education program. Special education expenditures shall be supplemental to the general education program and shall be above what is provided by the administrative unit, state-operated program, or approved facility school for general education students and staff and may include:

(a) Special education teachers;

(b) Home-hospital teachers for students with disabilities;

(c) Speech-language pathologists and speech-language pathology assistants;

(d) Specialty teachers;

(e) Special education instructional paraprofessionals;

(f) Educational interpreters;

(g) School nurses;

(h) Occupational therapists and occupational therapy assistants;

(i) Physical therapists and physical therapy assistants;

(j) School psychologists;

(k) School social workers;

(l) Audiologists;

(m) Orientation and mobility specialists;

(n) Other special education professionals;

(o) Special education administrators and office support;

(p) Other noncertified or nonlicensed support;

(q) Employee benefits for special education staff;

(r) Supplies, materials, and equipment used for individual students' special education programs and services;

(s) Purchased service contracts for personal services;

(t) Tuition to other administrative units and approved tuition rates to approved facility schools for special education;

(u) Staff travel related to special education;

(v) Professional development for special education staff, or all staff, if the content of the professional development is specific to services for children with disabilities;

(w) Other purchased services related to special education;

(x) Dues, fees, and other expenditures specific to the special education program; and

(y) Parent counseling and training, as defined by the IDEA and its implementing regulations.

(23) "Special education services" or "special education programs" means the services or programs provided to a child with a disability in conformity with the child's IEP.

(24) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)

(25) "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written. The disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, and includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. "Specific learning disability" does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities; an intellectual and developmental disability; an emotional disturbance; or an environmental, cultural, or economic disadvantage.

(26) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.

(27) "State charter school institute" means the state charter school institute created pursuant to part 5 of article 30.5 of this title.

(28) "State-operated program" means an approved school program supervised by the department and operated by:

(a) The Colorado school for the deaf and the blind;

(b) The department of corrections; or

(c) The department of human services, including but not limited to the division of youth services and the mental health institutes.
C.R.S. § 22-1-101 — CO Code / Title 22 / Article 1 / Section 22-1-101
22-1-101. Schools defined
Status: in_force

22-1-101. Schools defined. (1) A public school is a school that derives its support, in whole or in part, from moneys raised by a general state, county, or district tax.

(2) A charter school is a public school that operates pursuant to a charter contract entered into pursuant to the provisions of article 30.5 of this title. As used in this title, unless the context otherwise requires, "charter school" includes any type of charter school created pursuant to the provisions of article 30.5 of this title.
C.R.S. § 22-30.5-503 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-503
22-30.5-503. State charter school institute - establishment - rules
Status: in_force

22-30.5-503. State charter school institute - establishment - rules. (1) (a) There is established, as an independent agency in the department of education, the state charter school institute. The institute is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education.

(b) In addition to any other powers or duties granted by law to the institute, the institute shall:

(I) Review institute charter school applications and assist in the establishment of institute charter schools throughout the state;

(II) Assist in the conversion of a school district charter school to an institute charter school pursuant to section 22-30.5-510 (1);

(III) Approve or deny institute charter school applications and revoke, renew, or refuse to renew institute charter school contracts; and

(IV) Monitor the operations of institute charter schools and the academic achievement of students attending institute charter schools, including compliance with applicable state and federal accountability requirements.

(c) The institute is authorized to enter into contracts or service agreements with any public or private contractor to provide administrative services or technical assistance to institute charter schools pursuant to this part 5. Any such contract or service agreement shall also include provisions establishing liquidated damages and penalties for failure to comply with the terms and conditions of the contract and shall be in accordance with rules promulgated by the institute board.

(2) It is the intent of the general assembly that the institute shall exist to model best practices in authorizing charter schools and make those practices available to school districts.

(3) For purposes of federal law, the state charter school institute shall be a local educational agency, deemed to be a public authority legally constituted within the state for the administrative control and direction of, and to perform a service function for, public elementary schools and secondary schools in the state.

(3.5) (a) The state charter school institute may act as the fiscal manager for purposes of grant management for a district charter school, an institute charter school, or a consortium of charter schools that chooses to apply for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program; except that the provisions of this subsection (3.5) shall not apply to an application for:

(I) A grant program created in the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, or in its implementing regulations.

(II) (Deleted by amendment, L. 2011, (HB11-1089), ch. 55, p. 147, § 1, effective March 25, 2011.)

(b) In acting as a fiscal manager for purposes of grant management pursuant to this subsection (3.5), the institute shall treat district charter schools and institute charter schools equally.

(c) The institute board, by rule, may establish a fee that a district charter school, an institute charter school, or a consortium of charter schools shall pay if it requests that the institute act as the fiscal manager for purposes of grant management for the charter school or consortium of charter schools pursuant to this subsection (3.5). The amount of the fee must not exceed the direct costs incurred by the institute in implementing the provisions of this subsection (3.5). Any amount received by the institute from fees paid pursuant to this subsection (3.5) is continuously appropriated to the institute for the costs incurred in implementing this subsection (3.5). The institute board shall adopt rules as necessary to implement the provisions of this subsection (3.5).

(d) The state board shall promulgate rules to establish processes, guidelines, and eligibility for a single school or consortium of schools to apply for grants and programs pursuant to this section.

(4) For purposes of the "Exceptional Children's Educational Act", article 20 of this title, the state charter school institute shall be considered an administrative unit, responsible for assisting in the delivery of federally required services to students enrolled in institute charter schools. The institute may provide or contract for the provision of services to a student enrolled in an institute charter school.

(5) The state charter school institute shall be responsible for monitoring the fiscal management of each institute charter school. Each institute charter school shall annually provide to the institute the results of an independent financial audit of the institute charter school. The institute shall report to the state board the same financial information in the same format that school districts are required to report to the state board pursuant to this title. Institute charter schools shall compile and report to the institute the same financial information in the same format that charter schools are required to report to school districts pursuant to part 1 of this article.

(6) The institute and institute charter schools shall be deemed part of the thorough and uniform system of free public schools to be established and maintained by the general assembly, as required in section 2 of article IX of the state constitution. The state board shall have general supervision of institute charter schools, as required in section 1 of article IX of the state constitution.

(7) The institute, by virtue of its functions and duties, shall not be deemed to be a school district for any purpose.

(8) The institute and the institute board are agencies of the state for purposes of the public records provisions of part 2 of article 72 of title 24, C.R.S., and state public bodies for purposes of the open meetings provisions of part 4 of article 6 of title 24, C.R.S.
C.R.S. § 22-32-119 — CO Code / Title 22 / Article 32 / Section 22-32-119
22-32-119. Kindergartens - definition
Status: repealed

22-32-119. Kindergartens - definition. (1) (a) A board of education shall establish and maintain full-day or half-day kindergarten educational programs in connection with the schools of its district for the instruction of children one year prior to the year in which the children would be eligible for admission to the first grade. A board may prescribe courses of training, study, and discipline and rules governing the kindergarten educational programs. The kindergarten educational programs must be a part of the public school system, and the school district must pay the cost of establishing and maintaining the kindergarten educational programs from the general school fund. A school district shall not charge the parent of a child enrolled in a kindergarten educational program tuition to attend any portion of the program, except as provided pursuant to section 22-32-115 (2)(b)(I), and shall not charge the parent fees for the child to attend the program other than fees that are routinely charged to the parents of students enrolled in other grades and are applicable to the kindergarten educational program.

(b) Notwithstanding the provisions of subsection (1)(a) of this section to the contrary, if the general assembly amends the "Public School Finance Act of 2025", article 54 of this title 22, to count a student enrolled in kindergarten only as a half-day pupil, with or without the addition of supplemental kindergarten enrollment as defined in section 22-54-103 (15) for purposes of calculating the funded pupil count as determined pursuant to article 54 of this title 22, a school district may charge the student's parents tuition or a fee for the portion of the school day for which it does not receive funding for the student pursuant to the "Public School Finance Act of 2025"; except that the amount of tuition or fee charged must not exceed the amount of tuition or fee that the school district charged to attend a full-day kindergarten educational program for the 2018-19 budget year, adjusted for inflation and prorated by the percentage of the school day for which the student is no longer funded by the "Public School Finance Act of 2025". As used in this subsection (1)(b), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(1.5) (Deleted by amendment, L. 2005, p. 433, § 6, effective April 29, 2005.)

(2) and (3) Repealed.
C.R.S. § 22-30.5-525 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-525
22-30.5-525. Individual career and academic plans
Status: in_force

22-30.5-525. Individual career and academic plans. (1) Each institute charter school shall assist each student and the student's parent or legal guardian to develop and maintain the student's individual career and academic plan, referred to in this section as an "ICAP", no later than the beginning of ninth grade but may assist the student and the student's parent or legal guardian to develop and maintain the student's ICAP in any grade prior to ninth grade. In assisting a student and his or her parent or legal guardian in creating and maintaining the ICAP, the institute charter school shall, at a minimum, discuss with the student and parent or legal guardian the various career pathways created pursuant to sections 23-60-110 and 24-46.3-104 and the types of certificates and jobs to which each pathway leads and discuss the skills and educational opportunities available through military enlistment. In discussing the teaching career pathway described in section 23-60-110, each institute charter school is encouraged to provide to the student information concerning the TREP program created in section 22-35-108.5. In discussing military enlistment with a student and the student's parent, each institute charter school is encouraged to provide to the student information concerning the military enlistment test. Each student's ICAP must comply with the requirements specified in section 22-2-136 and the rules promulgated by the state board of education pursuant to said section. As part of the process of establishing the individual career and academic plan, the student and the student's parents must be made aware of the importance of completing the free application for federal student aid or the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid, and be provided help in completing the forms, if requested.

(2) Each institute charter school shall assist each student who is enrolled in the school and has an ICAP to use the plan effectively to direct the student's course selections and performance expectations in at least grades nine through twelve; to assist the student in meeting his or her academic and career goals as described in the ICAP; and to enable the student to demonstrate postsecondary and workforce readiness prior to or upon graduation from high school at a level that allows the student to progress toward his or her postsecondary education goals, if any, without requiring remedial educational services or courses.
C.R.S. § 22-7-1005 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1005
22-7-1005. Preschool through elementary and secondary education - aligned standards - adopt
Status: repealed

22-7-1005. Preschool through elementary and secondary education - aligned standards - adoption - revisions. (1) On or before December 15, 2009, the state board shall adopt standards that identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education.

(2) (a) The state board shall ensure that the preschool through elementary and secondary education standards, at a minimum, include standards in reading, writing, mathematics, science, history, geography, visual arts, performing arts, physical education, world languages, English language competency, economics, civics, financial literacy, and any other instructional areas for which the state board had adopted standards as of January 1, 2008.

(b) In developing the preschool through elementary and secondary education standards, the state board shall also take into account any career and technical education standards adopted by the state board for community colleges and occupational education, created in section 23-60-104, C.R.S., and, to the extent practicable, shall align the appropriate portions of the preschool through elementary and secondary education standards with the career and technical education standards.

(c) In developing the preschool through elementary and secondary education standards, the state board shall include identification of the levels of attainment that a student shall achieve in order to demonstrate readiness for promotion from elementary grades to middle school grades and from middle school grades to high school grades.

(2.3) On or before July 1, 2020, the state board shall adopt standards that identify the knowledge and skills that an elementary through secondary education student should acquire related to mental health, including suicide prevention. When the state board is adopting standards, the state board shall take into account what local education providers are currently teaching with regard to mental health.

(2.5) On or before July 1, 2018, the state board shall adopt standards that identify the knowledge and skills that a secondary student should acquire related to computer science, including computer code writing, in one or more courses that qualify as a graduation requirement in either mathematics or science. Local education providers may elect to implement the standards adopted pursuant to this subsection (2.5).

(2.6) (a) The state board shall adopt revisions to the reading, writing, and civics standards that identify the knowledge and skills that an elementary through secondary education student should acquire relating to media literacy. The knowledge and skills relating to media literacy must give due consideration to recommendations made by the media literacy Advisory committee's report pursuant to section 22-2-145 (2)(a)(I).

(b) The initial adopted revisions required by subsection (2.6)(a) of this section, and subsequent reviews and adoptions of any appropriate revisions, must occur pursuant to the standard schedule described in subsection (6) of this section.

(2.7) (a) On or before July 1, 2021, the state board shall adopt standards that identify the knowledge and skills that students should acquire as a condition of high school graduation related to Holocaust and genocide studies, as defined in section 22-1-104.7 (1), including but not limited to the Armenian Genocide.

(b) In creating the standards described in subsection (2.7)(a) of this section, the department of education shall utilize a stakeholder process that is cost-effective and efficient, including the use of experts in the community.

(c) The adoption of the standards identified in this subsection (2.7) is conditional on the receipt of gifts, grants, or donations.

(2.8) Pursuant to the schedule of revisions set forth in subsection (6)(b)(II)(A) of this section, the state board shall ensure that the ninth through twelfth grade financial literacy standards include an understanding of:

(a) (I) The costs associated with obtaining a postsecondary degree or credential in Colorado and out of state, including but not limited to tuition and fees, room and board, and other costs;

(II) How to assess the affordability of and budget for different options for obtaining a postsecondary degree or credential;

(III) The ways in which students pay for higher education, including but not limited to using funds from savings accounts and obtaining student loans, grants, or scholarships;

(IV) Types of student loan programs and types of student loan debt, including public and private loans;

(V) The purpose of the free application for federal student aid, or FAFSA, or a successor form, to access federal student aid; its use in determining a student's eligibility for federal, state, and private financial aid, including grants, scholarships, and work study, which are forms of financial aid that do not need to be repaid by the student; how to access the FAFSA electronically or in another format; and where to access help from the student's school or from other sources in completing the FAFSA;

(VI) The purpose of the Colorado application for state financial aid, or CASFA, or a successor form, to access state student aid; its use by students who are not eligible for financial aid pursuant to Title IV, Part B of the federal "Higher Education Act of 1965", as amended, or an equivalent statewide financial aid application that uses FAFSA methodology to determine student financial need and eligibility for state financial aid programs; how to access the CASFA electronically or in another format; and where to access help from the student's school or from other sources in completing the CASFA.

(VII) Repayment of student loans and the requirement to repay student loans, even if the student does not complete the credential, and the consequences of defaulting on student loans;

(VIII) State and federal programs that may be available to manage student loan debt; and

(IX) Potential career earnings, including starting salary by field and level of degree or credential;

(b) Common methods for saving for retirement, including long-term investments, tax-deferred accounts, pensions, and government retirement benefits;

(c) Credit cards and managing credit card debt; and

(d) Homeownership and mortgages.

(3) The state board in adopting the preschool through elementary and secondary education standards shall:

(a) Align the standards to ensure that a student who demonstrates attainment of the standards as the student advances from preschool through elementary and secondary education will be able to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma;

(b) Collaborate with the commission to ensure that the standards are aligned with the description of postsecondary and workforce readiness adopted pursuant to section 22-7-1008;

(c) Ensure that the standards will facilitate longitudinal measurement of each student's academic growth from preschool through elementary and secondary education;

(d) Ensure that the standards include development of postsecondary planning skills and the application of those skills;

(e) Ensure that, in addition to measuring a student's subject matter knowledge, the standards, to the extent practicable, will require a student to develop and demonstrate creativity and innovation skills; critical-thinking and problem-solving skills; communication and collaboration skills; social and cultural awareness; civic engagement; initiative and self-direction; flexibility; productivity and accountability; character and leadership; the ability to use information and communications technologies to find, evaluate, create, and communicate information; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship; and

(f) Ensure that the standards are comparable in scope, relevance, and rigor to the highest national and international standards that have been implemented successfully and are consistent with and relevant to achievement of the goals specified in section 22-7-1002.

(4) Repealed.

(5) The state board shall modify the preschool through elementary and secondary education standards 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.

(6) (a) Pursuant to subsection (6)(b) of this section, the state board shall review and adopt any appropriate revisions to the preschool through elementary and secondary education standards specified in this section. In adopting revisions, the state board may add or delete one or more of the specific instructional areas based on the needs of the state and changes in national and international academic expectations. In adopting revisions to the standards pursuant to this subsection (6), the state board shall ensure that the standards continue to meet the requirements specified in subsection (3) of this section. In adopting revisions to the standards related to history and civics, the state board shall take into consideration any recommendations provided by the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3.

(b) (I) The state board shall ensure that all preschool through elementary and secondary education standards specified in this section are reviewed at least, but not more than, once every six years pursuant to subsection (6)(b)(II) of this section.

(II) (A) On or before July 1, 2022, and on or before July 1 every six years thereafter, the state board shall perform the requirements pursuant to subsection (6)(a) of this section for approximately one-third of the preschool through elementary and secondary education standards specified in this section.

(B) On or before July 1, 2024, and on or before July 1 every six years thereafter, the state board shall perform the requirements pursuant to subsection (6)(a) of this section for approximately one-third of the preschool through elementary and secondary education standards specified in this section.

(C) On or before July 1, 2026, and on or before July 1 every six years thereafter, the state board shall perform the requirements pursuant to subsection (6)(a) of this section for the remaining approximately one-third of the preschool through elementary and secondary education standards specified in this section.
C.R.S. § 22-20-114 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-114
22-20-114. Funding of programs - legislative declaration
Status: repealed

22-20-114. Funding of programs - legislative declaration. (1) Subject to the provisions of subsection (3) of this section, for the 2005-06 budget year and each budget year thereafter, the total amount appropriated to the department for the payment of costs incurred by administrative units for the provision of special education programs must be distributed to each administrative unit that provides educational services for children with disabilities as follows:

(a) (I) Five hundred thousand dollars to administrative units that enroll children with disabilities:

(A) For whom tuition is paid by the administrative units for the children to receive educational services at approved facility schools; and

(B) For whom parental rights have been relinquished by the parents or terminated by a court, the parents of whom are incarcerated, the parents of whom cannot be located, the parents of whom reside out of the state but the department of human services has placed the children within the administrative unit, or children with disabilities who are legally emancipated.

(II) The moneys appropriated pursuant to subparagraph (I) of this paragraph (a) shall be distributed in each budget year to administrative units based upon each administrative unit's share of the aggregate number of children with disabilities who are specified in subparagraph (I) of this paragraph (a); except that an administrative unit shall not receive an amount that exceeds the aggregate amount of tuition paid by that administrative unit for the specified children with disabilities to receive educational services at approved facility schools during the immediately preceding budget year. For purposes of this paragraph (a), the number of children with disabilities that are specified in subparagraph (I) of this paragraph (a) shall be based upon the count taken in December of the immediately preceding budget year.

(a.5) and (a.7) Repealed.

(b) (I) For the budget years preceding the 2022-23 budget year, an amount equal to one thousand two hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit;

(II) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, an amount equal to one thousand seven hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit; and

(c) (I) If any amount of the total annual appropriation remains after the distributions specified in subsections (1)(a) and (1)(b) of this section have been made, and after the distribution of the portion of the total annual appropriation designated for high-cost grants pursuant to subsection (2) of this section has been made, six thousand dollars per child with one or more disabilities, as described in subsection (1)(c)(II) of this section, for a percentage of such children receiving special education services from the administrative unit. The department shall annually determine the percentage of such children for which an administrative unit may receive additional funding pursuant to this subsection (1)(c) based on the amount of the remaining appropriation, the money available pursuant to subsection (1)(c)(III) of this section, and the per pupil amount of six thousand dollars.

(II) An administrative unit that provides special education services to children who have one or more of the following disabilities may receive funding pursuant to this paragraph (c):

(A) A visual impairment, including blindness, as defined by the state board;

(B) A hearing impairment, including deafness, as defined by the state board;

(C) Deaf-blindness, as defined by the state board;

(D) A serious emotional disability as defined by the state board;

(E) Autism spectrum disorders as defined by the state board;

(F) A traumatic brain injury as defined by the state board;

(G) Multiple disabilities as defined by the state board; or

(H) An intellectual disability as defined by the state board.

(III) (A) For the 2013-14 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsection (1)(c)(I) of this section, the general assembly shall appropriate twenty million dollars from the state education fund to the department for the purposes of this subsection (1)(c).

(B) For the 2019-20 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I) and (1)(c)(III)(A) of this section, the general assembly shall appropriate twenty-two million dollars, which amount may be appropriated from the state education fund or the general fund or as amounts from both funds, to the department for the purposes of this subsection (1)(c).

(B.1) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), and (1)(c)(III)(B) of this section, the general assembly shall appropriate twenty-six million eight hundred twenty-five thousand dollars, which amount may be appropriated from the state education fund or the general fund or as amounts from both funds, to the department for the purposes of this subsection (1)(c).

(B.2) Except as specified in subsection (1.3) of this section, for the 2023-24 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), (1)(c)(III)(B), and (1)(c)(III)(B.1) of this section, the general assembly shall appropriate forty million two hundred three thousand six hundred seventy-one dollars, which amount may be appropriated from the state education fund created in section 17 (4) of article IX of the state constitution or the general fund, or as amounts from both funds, to the department for the purposes of this subsection (1)(c).

(C) The general assembly finds and declares that, for the purposes of section 17 of article IX of the state constitution, providing additional money to children with one or more disabilities, as described in subsection (1)(c)(II) of this section, for a percentage of such children receiving special education services from an administrative unit is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(D) It is the intent of the general assembly to increase funding for special education services as necessary for the 2023-24 budget year and budget years thereafter to fully fund special education services pursuant to this subsection (1)(c).

(1.3) For the 2024-25 budget year and budget years thereafter, the dollar amounts set forth in subsections (1)(b)(II) and (1)(c)(III) of this section are annually increased by the rate of inflation. The amounts must be rounded to the nearest dollar. As used in this subsection (1.3), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(2) (a) (I) In addition to the amount appropriated for distribution pursuant to subsection (1) of this section, for the 2006-07 and 2007-08 budget years, subject to available appropriations, the general assembly shall appropriate two million dollars from the general fund or from any other source to the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education services in the preceding budget year.

(II) (A) In addition to the amount appropriated for distribution pursuant to subsection (1) of this section, for the 2008-09 budget year and each budget year thereafter, subject to available appropriations, the general assembly shall appropriate four million dollars from the general fund or from any other source to the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education services in the preceding budget year.

(B) The general assembly hereby finds and declares that for the purposes of section 17 of article IX of the state constitution, providing grants to administrative units for reimbursement for high costs incurred in providing special education services is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(b) Any amount received by an administrative unit as a reimbursement pursuant to this subsection (2) shall be in addition to the amount received by the administrative unit pursuant to subsection (1) of this section. The moneys appropriated by the general assembly to the department shall be distributed by the Colorado special education fiscal advisory committee in accordance with section 22-20-114.5.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), for the 2005-06 budget year, the department shall recalculate the distribution of funds to administrative units for providing educational services to children with disabilities as necessary to comply with the provisions of subsection (1) of this section.

(b) Notwithstanding the provisions of subsection (1) of this section, if the application of the provisions of subsection (1) of this section would result in an administrative unit receiving a lesser amount for providing educational services to children with disabilities for the 2005-06 budget year than it would have received under the provisions of this section as they existed prior to April 28, 2006, then the department shall not recalculate the distribution of funds for the administrative unit for the 2005-06 budget year.

(4) An administrative unit shall not receive the amount of funding to which it is entitled under the provisions of subsection (1) of this section unless the administrative unit has provided to the department the data collected concerning special education programs, as required by subsection (6) of this section, including the count of assessed children with disabilities.

(5) Payments made under the provisions of this part 1 shall not affect the amount of other state aid for which an administrative unit may qualify.

(6) Each administrative unit shall be required to collect the data required by the federal government concerning special education programs. Each administrative unit shall provide to the department the data collected concerning special education programs in order to receive the amount of funding to which it is entitled under the provisions of subsection (1) of this section.

(7) It is the general assembly's intent that, as a result of receiving an increase in the distribution of state moneys, an administrative unit, in complying with the maintenance of effort requirement specified in the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6381 et seq., shall not reduce the level of state and local expenditures below the level of state and local expenditures for the preceding budget year. Any additional appropriation of moneys for distribution pursuant to this section is intended to alter the ratio between state and local expenditures, but the overall level of expenditures may remain the same, thereby satisfying the federal maintenance of effort requirements.

(8) Repealed.
C.R.S. § 22-7-1009 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1009
22-7-1009. Diploma endorsements - adoption - revisions
Status: in_force

22-7-1009. Diploma endorsements - adoption - revisions. (1) On or before July 1, 2011, or as soon thereafter as fiscally practicable, the state board shall adopt criteria that a local school board, BOCES, or institute charter high school may apply if the local school board, BOCES, or institute charter high school chooses to endorse high school diplomas to indicate that students have achieved postsecondary and workforce readiness. The criteria shall include, but need not be limited to, the required minimum level of postsecondary and workforce readiness that a student must achieve to receive a readiness endorsement on his or her diploma from the local school board, BOCES, or institute charter high school. In identifying the required minimum level of postsecondary and workforce readiness, the state board shall ensure that the minimum level of postsecondary and workforce readiness reflects the expectations for postsecondary and workforce readiness that are applied nationally and internationally.

(2) The state board shall also adopt criteria for an endorsement that a local school board, BOCES, or institute charter high school may choose to grant to graduating students that would indicate extraordinary academic achievement or exemplary demonstration by a student of postsecondary and workforce readiness.

(3) Following adoption of the criteria for diploma endorsements pursuant to subsections (1) and (2) of this section, the state board shall consult with the commission and the governing boards of the state institutions of higher education. The provisions of section 22-7-1017 (2) shall take effect only if the commission and the governing boards approve the criteria.

(4) The state board shall also consider and may adopt criteria for a range of additional endorsements that a school district, BOCES, or institute charter high school may choose to grant to graduating students to recognize concentrated focus and outstanding achievement in a variety of subject areas, including but not limited to visual arts, performing arts, career and technical education, history and civics, mathematics, and science.

(5) In adopting endorsement criteria pursuant to this section, the state board shall take into consideration any career and technical education standards that are adopted by the state board for community colleges and occupational education, created in section 23-60-104, C.R.S.

(6) Every six years after the adoption of criteria for endorsements pursuant to subsection (1) of this section, the state board shall revise and adopt any appropriate revisions to such criteria for endorsements.
C.R.S. § 22-1-119.1 — CO Code / Title 22 / Article 1 / Section 22-1-119.1
22-1-119.1. Policy for employee and agent possession and administration of opioid antagonist
Status: in_force

22-1-119.1. Policy for employee and agent possession and administration of opioid antagonists - definitions. (1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby:

(a) A school under its jurisdiction may acquire and maintain a stock supply of opioid antagonists on school grounds; on a school bus operated by a district school, a school district, the charter school institute, an institute charter school, or a nonpublic school; or both;

(b) An employee or agent of the school; or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; or both, may, after receiving appropriate training, administer an opioid antagonist on school grounds or a school bus to assist an individual who is at risk of experiencing an opioid-related drug overdose event. The training provided pursuant to this subsection (1)(b) must include risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist; and

(c) An employee or agent of the school may furnish opiate antagonists on school grounds or on a school bus to any individual, including a student, but shall only furnish an opiate antagonist to a student if the student has received appropriate school-sponsored training.

(2) An employee or agent of a school; or an employee or agent of the school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; or both, acting in accordance with a policy adopted pursuant to this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.

(3) As used in this section:

(a) "Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).

(b) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that:

(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;

(II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and

(III) Requires medical assistance.

(4) The general assembly encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to adopt and implement a policy for an employee or agent of the school to furnish an opiate antagonist on school grounds or on a school bus to any individual, including a student. In developing the policy, the general assembly also encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to consider parent and student input; include education and training to parents and students regarding opiate antagonists, opiate detection tests, or non-laboratory detection tests; consider recommendations to students of a certain age or grade level for whom the policy applies; and collaborate with groups who have developed opiate education and awareness campaigns to enhance the policy.
C.R.S. § 22-30.5-504 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-504
22-30.5-504. Institute chartering authority - institute charter schools - exclusive authority
Status: repealed

22-30.5-504. Institute chartering authority - institute charter schools - exclusive authority - retention - recovery - revocation. (1) The institute shall be authorized to approve or deny an application submitted for the establishment of an institute charter school pursuant to this part 5.

(2) An institute charter school applicant may submit an application to the institute only if the school district in which the institute charter school is to be located has not retained exclusive authority to authorize charter schools as provided in subsection (5) of this section. If a school district has not retained exclusive authority to authorize charter schools as provided in subsection (5) of this section, the school district and the institute shall have concurrent authority to authorize charter schools and institute charter schools, respectively, to be located within the geographic boundaries of the school district. The school district shall monitor and oversee all charter schools authorized by the school district as provided in part 1 of this article. The institute shall monitor and oversee all institute charter schools authorized by the institute as provided in this part 5.

(3) Nothing in this part 5 shall be construed to eliminate the ability of a school district to authorize charter schools pursuant to part 1 of this article. A school district shall retain the authority to re-authorize and to oversee any charter school which it has authorized, except with respect to any charter school that is converted to an institute charter school pursuant to section 22-30.5-510.

(4) (a) A local board of education may seek to retain or recover exclusive authority to authorize charter schools within the geographic boundaries of the school district by presenting to the state board, on or before March 1 of the fiscal year prior to that for which the exclusive authority is to apply, a written resolution adopted by the local board of education indicating the intent to retain or recover exclusive authority to authorize charter schools. The written resolution shall be accompanied by a written description of those portions of subsection (5) of this section that the local board of education intends to demonstrate. The local board of education shall provide a complete copy of the resolution, including the description, to each charter school authorized by the local board on or before the date the local board submits the resolution to the state board. The state board shall determine within sixty days after receiving the resolution whether to grant the local board of education exclusive authority. If the state board denies the local board exclusive authority to authorize charter schools within the geographic boundaries of the school district, it shall provide to the local board of education a written explanation of the basis for the denial.

(b) A party may challenge the grant of exclusive authority made by the state board pursuant to subsection (5) of this section by filing with the state board a notice of challenge within thirty days after the state board grants exclusive authority. The notice shall be accompanied by a specific written description, with supporting documentation, of the basis for the challenge. The challenging party, at the time of filing notice with the state board, shall provide a copy of the notice of challenge, with the written description of the basis and supporting documentation, to the local board of education that has been granted exclusive authority. The state board shall permit the local board the opportunity to appear at a public hearing and respond to the challenge and shall permit the challenger the opportunity at the public hearing to rebut any arguments made by the local board. If the local board of education intends to respond to the challenge, it shall submit a copy of its response in writing, with supporting documentation, to the challenging party and the state board at least fifteen days prior to the public hearing. The state board shall make a determination upon the challenge within sixty days after receipt of the notice of challenge. In announcing its determination, the state board shall provide a written explanation of the basis for its decision to either grant or deny to the local board exclusive authority to authorize charter schools within the geographic boundaries of the school district.

(c) If a local board of education recovers exclusive authority pursuant to this section to authorize charter schools within the geographic boundaries of the school district, any institute charter schools authorized within the geographic boundaries of the school district prior to the date on which the local board of education recovered exclusive authority shall continue to be authorized by and accountable to the institute; except that an institute charter school that is converted to a district charter school pursuant to subsection (10) of this section shall be accountable to the local board of education.

(d) Each local board of education that has been granted, prior to or on or after April 17, 2008, exclusive authority to charter schools within the geographic boundaries of the school district shall retain exclusive authority until the local board of education voluntarily relinquishes the exclusive authority or the state board of education revokes the exclusive authority pursuant to the provisions of subsection (7.5) of this section. A local board of education that voluntarily relinquishes exclusive authority may regain exclusive authority by applying pursuant to the provisions of this subsection (4).

(5) (a) The state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the state board determines, after adequate notice and in a public hearing and after receiving input from any charter schools authorized by the local board of education, that the local board can show a recent pattern of providing fair and equitable treatment to its charter schools through the local board's demonstration of:

(I) Full compliance with the provisions of the "Charter Schools Act", part 1 of this article, which includes, at a minimum:

(A) Compliance with full and accurate accounting practices and charges for central administrative overhead costs;

(B) Compliance with sections 22-30.5-112 and 22-30.5-112.1, which permit a charter school to purchase, at its discretion, certain services or a combination of services;

(C) The absence of a school district moratorium regarding charter schools or the absence of any district-wide charter school enrollment limits; and

(D) Compliance with valid orders of the state board; and

(II) Any combination of the following:

(A) The distribution to charter schools authorized by the local board of a pro rata share of mill levy overrides, except for any mill levied for a particular purpose that by its express terms is intended to benefit a grade, a program, or a school and, as a result, is not available to be offered to any charter school that did not participate in the mill levy proceeds;

(B) The provision of assistance to charter schools to meet their facilities needs, by including those needs in local bond issues or otherwise providing available land and facilities that are comparable to those provided to other public school students in the same grade levels within the school district;

(C) The distribution to charter schools authorized by the local board of a pro rata share of federal and state grants received by the school district, except for any grant received for a particular purpose that by its express terms is intended to benefit a student population not able to be served by, or a program not able to be offered at, a charter school which did not receive a proportionate share of such grant proceeds;

(D) The provision of adequate staff and other resources to serve charter schools authorized by the local board, which services are provided by the school district at a cost to the charter schools that does not exceed their actual cost to the school district, or, in the case of federally required educational services, the amount specified in section 22-30.5-112 (2)(a.8);

(E) The lack of a policy or practice of imposing individual charter school enrollment limits, except as otherwise provided in article 36 of this title; or

(F) The provision of an adequate number of educational choice programs to serve students exercising their rights to transfer pursuant to the "No Child Left Behind Act of 2001", Public Law 107-110, and a history of charter school approval that encourages programs that serve at-risk student populations.

(b) Notwithstanding any other provision of this subsection (5) to the contrary, the state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the local board certifies that:

(I) The total pupil enrollment of the school district is less than three thousand pupils.

(II) (Deleted by amendment, L. 2008, p. 487, § 2, effective April 17, 2008.)

(c) Notwithstanding any other provision of this subsection (5), the state board shall not deny exclusive authority to a local board of education based upon a school district moratorium regarding charter schools that was in existence prior to July 1, 2004, but was repealed on or before October 1, 2004.

(d) If the state board denies the exclusive authority of a local board of education to authorize charter schools within the geographic boundaries of the school district, the local board may reapply to retain or recover exclusive authority as provided in subsection (4) of this section as soon as the local board determines it has resolved the issue that was the basis for the denial.

(6) For local boards of education that have no discernable history of considering charter school applications or authorizing charter schools, the state board shall grant exclusive authority if the local board demonstrates its compliance with the provisions of sub-subparagraphs (C) and (D) of subparagraph (I) of paragraph (a) of subsection (5) of this section and presents to the state board a plan to implement a combination of the authorizing practices described in paragraph (a) of subsection (5) of this section.

(7) A grant of exclusive authority by the state board shall continue so long as a local board of education continues to comply with the provisions of subsection (5) of this section, and the local board need not reapply; except that a local board of education that retains exclusive authority pursuant to paragraph (b) of subsection (5) of this section shall reapply for exclusive authority if the criteria specified in said paragraph (b) no longer apply to the school district.

(7.5) (a) A charter school, a charter school applicant, or an organization that represents charter schools may request revocation of a local board of education's exclusive authority to authorize charter schools within the geographic boundaries of the school district by filing a request for revocation with the state board. A charter school may request revocation of the exclusive authority only of its chartering local board. A charter applicant may request revocation of the exclusive authority only of a local board of education to which it may apply for a charter.

(b) A charter school, a charter school applicant, or an organization that represents charter schools may request revocation of a local board of education's exclusive authority only on the grounds that the local board, since the date that the local board received exclusive authority, has demonstrated a pattern of failing to comply with one or more of the provisions of paragraph (a) of subsection (5) of this section. A charter school, a charter school applicant, or an organization that represents charter schools may not request revocation of a local board of education's exclusive authority solely on the basis of:

(I) The local board's refusal of a charter application; or

(II) An action by the local board that a charter school or a charter school applicant may appeal to the state board pursuant to section 22-30.5-108, unless the action would otherwise constitute grounds for denial or revocation of exclusive authority.

(c) To request revocation of a local board of education's exclusive authority, a charter school, a charter school applicant, or an organization that represents charter schools shall file a notice of request for revocation with the state board, accompanied by a specific written description, with supporting documentation, of the basis for the request. The requesting party, at the time of filing the notice with the state board, shall provide a copy of the notice of request for revocation and the basis for the request, with the supporting documentation, to the affected local board of education. The state board shall permit the local board the opportunity to appear at a public hearing and respond in writing to the request for revocation and shall permit the requesting party the opportunity at the public hearing to rebut any arguments made by the local board. If the local board intends to respond to the request for revocation, it shall submit a copy of its response in writing, with supporting documentation, to the requesting party and the state board at least fifteen days prior to the public hearing. The state board shall determine whether to grant or deny the request for revocation, based on the criteria for granting exclusive authority specified in subsections (5) and (6) of this section, within sixty days after receiving the notice. If the state board revokes the local board of education's exclusive authority to authorize charter schools within the geographic boundaries of the school district, it shall provide a written explanation of the basis for the revocation.

(d) If the state board revokes a local board of education's exclusive authority, the local board may apply to recover the grant of exclusive authority as provided in subsection (4) of this section as soon as the local board determines it has resolved the issue that was the basis for the revocation. The state board shall consider the local board of education's application and either grant or deny the local board exclusive authority as provided in subsection (5) of this section.

(8) Notwithstanding any other provision of this section to the contrary, a local board of education may permit the establishment of one or more institute charter schools within the geographic boundaries of the school district by adopting a favorable resolution and submitting the resolution to the state board. An institute charter school that is established with permission granted in a resolution adopted by the local board of the school district in which the institute charter school is located continues to be authorized by and accountable to the institute regardless of later actions by the local board unless the institute charter school voluntarily converts to a district charter school as provided in subsection (10) of this section.

(9) (a) Notwithstanding any other provision of this section to the contrary, the state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundaries of the school district if the school district annually certifies to the state board that the total number of students enrolled in charter schools authorized by the school district, or the maximum number of students allowed to be enrolled pursuant to charter school contracts entered into by the school district, whichever is greater, divided by the district pupil enrollment, as defined in section 22-54-103, for that budget year, reflected as a percentage, exceeds by more than three percentage points the percentage of students enrolled in charter schools statewide.

(b) A school district that retains exclusive authority to authorize charter schools pursuant to paragraph (a) of this subsection (9) shall satisfy the requirements of paragraph (a) of subsection (5) of this section.

(10) (a) An institute charter school that is located within the geographic boundaries of a school district that recovers exclusive authority to authorize charter schools, as provided in subsection (4) of this section, or that permitted the establishment of the institute charter school within its geographic boundaries, as provided in subsection (8) of this section, may apply to the board of education of the school district in which it is located to convert to a district charter school. To convert to a district charter school, the institute charter school shall submit an application to the local board of education as if it were applying for a new charter in accordance with the provisions of part 1 of this article.

(b) An application to convert an existing institute charter school to a district charter school shall include evidence that an adequate number of parents, teachers, or pupils, or any combination thereof, supports the conversion of the institute charter school to a district charter school.

(c) A local board of education's approval of an application from an existing institute charter school submitted pursuant to this subsection (10) shall not relieve the institute charter school of any preexisting contractual obligations or relationships, including obligations of the institute charter school to the institute; except that the institute charter school shall no longer be subject to the oversight and control of the institute. The transfer of oversight of an institute charter school from the institute to a school district shall not be deemed a dissolution or other event that empowers or obligates the institute to wind down the institute charter school's affairs or to dispose of the institute charter school's assets.

(d) (I) If an institute charter school converts to a district charter school, the authorizing school district shall calculate the converted school's funding, including at-risk supplemental aid, as it was calculated before the conversion using the formulas specified in section 22-30.5-513; except that this paragraph (d) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).

(II) Repealed.
C.R.S. § 22-2-409 — CO Code / Title 22 / Article 2 / Part 4 / Section 22-2-409
22-2-409. Notification of risk
Status: in_force

22-2-409. Notification of risk. (1) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall notify the appropriate child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of a student who:

(a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital licensed or certified pursuant to section 25-3-101; and

(b) Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer.

(2) This section applies only to a hospital licensed or certified pursuant to section 25-3-301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (2), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been deemed to be a risk to himself or herself or the community within the twelve months prior to discharge.

(3) The notification required in subsection (1) of this section must be made at least ten calendar days prior to the student's transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student's needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services.

(4) If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state department of human services or county department of human or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138, of the receiving school district, charter school, or institute charter school within five calendar days following the student's placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition.

(5) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable.

(6) Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student.

(7) On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section 22-2-139, concerning the enrollment of students in the public school system who meet the requirements of subsection (1) of this section.
C.R.S. § 22-2-125 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-125
22-2-125. Loan program for capital improvements in growth school districts - use of public
Status: in_force

22-2-125. Loan program for capital improvements in growth school districts - use of public school fund. (1) For purposes of this section:

(a) "Capital improvement" means:

(I) The acquisition or purchase of buildings or grounds;

(II) The enlargement, improvement, remodeling, repairing, or making of additions to any school building;

(III) The construction or erection of school buildings;

(IV) The equipping or furnishing of any school building, but only in conjunction with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building; or

(V) The improvement of school grounds.

(b) "Growth district" means any district whose supplemental pupil enrollment exceeded the district's pupil enrollment for the most recently completed budget year by a number greater than one percent of the district's pupil enrollment for that budget year or fifty pupils, whichever is less.

(2) As authorized under the provisions of section 3 of article IX of the state constitution, the state treasurer may make loans to growth districts for the purpose of funding capital improvements. The procedures for the making of loans shall be determined by the state treasurer subject to the following:

(a) No loan shall be authorized for any capital improvement that has not been approved by the state board in accordance with subsection (3) of this section.

(b) No loan shall be authorized in an amount other than the amount determined by the state board unless the state board approves the change in the loan amount; except that the state board shall not authorize an amount of a loan for any growth district that exceeds ten percent of the amount of the public school fund that the state treasurer has determined may be loaned out in accordance with subsection (5) of this section.

(c) No loan shall be authorized unless the debt is approved by the voters of the growth district.

(d) No loan shall be authorized unless the method for repayment of the loan is specified in the application. If the loan is to be repaid from a property tax mill levy, such levy must be approved at the same election that authorized the creation of the debt.

(e) The loan shall be made as soon as possible upon approval of the loan by the state board.

(3) (a) On and after January 1, 2003, a growth district may apply to the state board for a loan of public school fund moneys to be used by the growth district to pay for one or more capital improvements. The amount of the loan requested shall be an amount equal to the full cost of the capital improvement or a lesser amount that in combination with other financial resources of the growth district shall allow the capital improvement to be completed. The loan application shall be in a form prescribed by the state board and shall include:

(I) A description of the capital improvement for which a loan is sought and a statement of the reasons why the capital improvement is necessary;

(II) A timeline for completion of the capital improvement;

(III) A building permit for the capital improvement, if applicable;

(IV) A statement of the amount of the loan requested together with an estimate of the cost of the capital improvement prepared by a qualified builder or contractor. If the amount of the loan requested differs from the amount of the estimate of the cost of the capital improvement, the growth district shall also provide an explanation for the difference.

(V) A plan for repaying the loan, including a proposed repayment schedule;

(VI) A statement of the amount of moneys from other sources, if any, that the growth district intends to use to help defray the costs of the capital improvement; and

(VII) Any additional information that the state board may reasonably require, by rules promulgated in accordance with article 4 of title 24, C.R.S., to help it determine whether or not to approve the loan application.

(b) To ensure that a growth district applying for a loan can move forward with any capital improvements quickly or develop alternative financing strategies without undue delay, the state board shall approve or disapprove a loan application no later than forty-five days after the application is submitted. To ensure that loan applications can be processed efficiently, the state board may delegate the authority to approve loan applications to a designated employee of the department. The state board or its designee shall consider all of the information in an application before approving or disapproving the application and a growth district whose loan application is denied shall have no right to further review by the state board or its designee.

(4) The state board shall establish a repayment schedule that shall require the growth district to make monthly payments on the loan and fully repay all moneys borrowed within ten years after the date a loan is made available pursuant to subsection (2) of this section.

(5) The state treasurer shall determine the amount of the public school fund that may be loaned out pursuant to this section and the rate of interest to be charged on loans. The state treasurer shall charge interest on loans made at a rate designed to match the rate of interest derived from the deposit and investment of moneys in the public school fund. Payments of the principal of and interest on all loans shall be returned to the fund.

(6) The general assembly shall appropriate money from the general fund to restore moneys to the public school fund, together with interest, that are lost by reason of the failure of any school district to repay a loan made pursuant to this section.
C.R.S. § 22-9-102 — CO Code / Title 22 / Article 9 / Section 22-9-102
22-9-102. Legislative declaration
Status: in_force

22-9-102. Legislative declaration. (1) The general assembly hereby declares that:

(a) A system to evaluate the effectiveness of licensed personnel is crucial to improving the quality of education in this state and declares that such a system shall be applicable to all licensed personnel in the school districts and boards of cooperative services throughout the state; and

(b) The purposes of the evaluation shall be to:

(I) Serve as a basis for the improvement of instruction;

(II) Enhance the implementation of programs of curriculum;

(III) Serve as a measurement of the professional growth and development of licensed personnel;

(IV) Evaluate the level of performance based on the effectiveness of licensed personnel; and

(V) Provide a basis for making decisions in the areas of hiring, compensation, promotion, assignment, professional development, earning and retaining nonprobationary status, dismissal, and nonrenewal of contract.

(2) The general assembly further declares that a professionally sound and credible system to evaluate the effectiveness of licensed personnel shall be designed with the involvement of licensed personnel and citizens of the school district or board of cooperative services.

(3) The general assembly further declares that the involvement and support of parents of children in public schools, acting as partners with teachers and public school administrators, are key to the educational progress of their children.
C.R.S. § 22-33-106.3 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-106.3
22-33-106.3. Disciplinary investigations - parental presence - student statements - definitio
Status: in_force

22-33-106.3. Disciplinary investigations - parental presence - student statements - definition. (1) A public school employee shall not use a student's statement concerning an act alleged to have been committed by the student that results in mandatory expulsion pursuant to section 22-33-106 (1)(d), in the expulsion hearing, unless the statement is signed by the student and a parent, guardian, or legal or physical custodian is present when the student signs the statement or admission or a reasonable attempt was made to contact the parent, guardian, or legal or physical custodian to have the parent, guardian, or legal or physical custodian present when the student signed the statement. The school shall be deemed to have made a reasonable attempt to contact the parent, guardian, or legal or physical custodian if the school calls each of the phone numbers the parent, guardian, or legal or physical custodian provides to the school and all phone numbers the student provides to the school for the parent, guardian, or legal or physical custodian.

(2) Notwithstanding the provisions of subsection (1) of this section, the student and his or her parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present when a student signs a statement or admission. This express waiver shall be in writing and shall be obtained only after full advisement of the student and his or her parent, guardian, or legal or physical custodian of the student's rights prior to the signing of the statement or admission by the student.

(3) The requirements of subsection (1) of this section shall not apply if the student makes any deliberate misrepresentations affecting the applicability or requirements of this section and a school official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, obtains a signed statement or admission of the student that does not comply with the requirements of subsection (1) of this section.

(4) Nothing in this section shall be construed to prevent or interfere with a fact-finding or information-gathering investigation by a school or school employee.

(5) For the purposes of this section, "physical custodian" has the same meaning as that term is defined in section 19-2.5-102.
C.R.S. § 22-82.9-104 — CO Code / Title 22 / Article 82.9 / Part 1 / Section 22-82.9-104
22-82.9-104. Child nutrition school lunch protection program - creation - administration - ob
Status: in_force

22-82.9-104. Child nutrition school lunch protection program - creation - administration - objectives. (1) There is hereby created the child nutrition school lunch protection program to ensure that each student in a Colorado public school has access to a healthy lunch at school to help the student participate fully in the learning process.

(2) The department shall administer the program in accordance with the procedures developed pursuant to section 22-82.9-106.

(3) The department shall approve a multi-district online school operating in learning centers, as defined in section 22-30.7-102 (4), to participate in the program and in the school lunch program so long as the multi-district online school complies with the federal requirements for participating in the school lunch program, including but not limited to completing and submitting the required federal application form for each student who chooses to participate in the school lunch program.

(4) The objectives of the program are to:

(a) Eliminate the reduced price paid by Colorado students who are enrolled in state-subsidized early childhood education programs administered by public schools or in kindergarten through twelfth grade and who are participating in the school lunch program, and to eliminate the reduced price paid by Colorado students who are receiving educational services from a facility school and who are participating in the school lunch program;

(b) Increase the number of Colorado students who consume a healthy lunch each day;

(c) Decrease statewide health-care costs by improving the health of school-age children;

(d) Lessen students' risk of obesity and type 2 diabetes by providing healthy school lunch options;

(e) Encourage charter schools and school districts to participate in the school lunch program;

(f) Increase students' consumption of whole grains, fruits and vegetables, vitamins, calcium, protein, fiber, and iron; and reduce the consumption of sodium, cholesterol, sugar, and calories;

(g) Make lunch more accessible to underprivileged students;

(h) Lessen the stigma associated with children who receive reduced-cost lunches;

(i) Reduce child hunger in Colorado; and

(j) Continue to strengthen and support child nutrition programs.
C.R.S. § 22-7-611 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-611
22-7-611. Closing the achievement gap program - strategies - assistance - criteria - rule-
Status: in_force

22-7-611. Closing the achievement gap program - strategies - assistance - criteria - rule-making. (1) As used in this section, unless the context otherwise requires:

(a) "Eligible district" means a school district that has been identified by rule of the state board as having a significant achievement gap.

(b) "Eligible school" means a public school that has been identified by rule of the state board as having a significant achievement gap.

(2) There is hereby established in the department the closing the achievement gap program, referred to in this section as the "program", to provide extensive assistance to eligible districts and eligible schools.

(3) The department shall prepare and distribute to each eligible district and eligible school an outline of different strategies the eligible district or eligible school may implement to improve academic achievement. The department shall provide the outline by April 1 of the school year preceding the school year in which the eligible district or eligible school intends to participate in the program. The outline may include, but need not be limited to, the following strategies:

(a) Using disaggregated student data to set academic improvement targets in reading, writing, mathematics, and science;

(b) Using improvement targets to define professional development needs related to content, instruction, differentiation, and best practices in educating special education students, gifted and talented students, English language learners, and other student subgroups, as needed;

(c) Developing interim district-level and building-level assessments to monitor student progress toward proficiency on the state model content standards and developing a plan to immediately address gaps in learning;

(d) Examining and realigning, as needed, school scheduling, academic support systems, and assignments of personnel;

(e) Designing a plan for increasing parental knowledge and skill to support academic objectives; and

(f) Identifying leaders who specialize in rehabilitating failing schools and who may serve as school principals.

(4) (a) An eligible school that chooses to apply for participation in the program shall provide to its district school board a list of the strategies selected from the outline provided by the department that the eligible school intends to implement to improve academic achievement among the students enrolled in the eligible school. The eligible school shall provide the list by May 1 of the school year preceding the school year in which the eligible school intends to participate in the program. If the district school board chooses to allow the eligible school to apply for participation in the program, the district school board shall, in accordance with timelines adopted by rule of the state board, provide to the department a list of the strategies that the district school board and the eligible school have chosen to implement to improve academic achievement among the students enrolled in the eligible school.

(b) An eligible district that chooses to apply for participation in the program shall, in accordance with timelines adopted by rule of the state board, provide to the department a list of the strategies selected from the outline provided by the department that the eligible district has chosen to implement to improve academic achievement within the eligible district.

(5) The state board shall determine the criteria by which eligible districts and eligible schools shall be selected to participate in the program and shall promulgate rules that set forth the criteria.

(6) Subject to available appropriations or gifts, grants, and donations, and upon the request of a participating eligible district or eligible school, the department shall provide assistance through the program to the participating eligible district or eligible school. The assistance may consist of, but is not limited to, information, personnel, and program and technical support.

(7) The state board may promulgate all reasonable and necessary rules to implement this section.

(8) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.