C.R.S. § 22-43-102 — CO Code / Title 22 / Article 43 / Section 22-43-102
22-43-102. Refunding bonds may be issued
Status: repealed

22-43-102. Refunding bonds may be issued. (1) Any school district in this state may issue negotiable coupon bonds to be denominated refunding bonds for the purpose of refunding any of the bonded indebtedness of such district, whether said indebtedness is due or not due, or has or may hereafter become payable or redeemable at the option of such district, or by consent of the bondholders, or by any lawful means, whether such bonded indebtedness be now existing or may hereafter be created.

(2) The bonded indebtedness of any district outstanding at the time of the inclusion of all such district's territory in another district, by reorganization, consolidation, dissolution, or any other lawful means, may be refunded by action of the board of the district including such territory at the time of such refunding, whether or not such indebtedness has been assumed by the district including such territory.

(3) When an entire district having outstanding bonded indebtedness has been divided and parts thereof included within two or more other districts by any lawful means, the refunding of such indebtedness shall require affirmative action by a majority of the members of the boards of each of the districts within which any part of the territory of such district owing said indebtedness is then included, except as is provided in this article to the contrary.

(4) The bonded indebtedness of any school district outstanding at the time any territory of said district is detached therefrom by any lawful means, and which district has retained its lawful corporate existence subsequent to the detachment of such territory from said district, may be refunded by action of the board of such district from which territory has been detached with or without concurrence or action by the board of the district within which said detached territory is included, and such districts from which territory has been detached and which retain their corporate existence subsequent to detachment are specifically exempted from the requirements and provisions of subsection (3) of this section.

(5) Any such refunding bonds may be issued to refund any issues of outstanding bonds; but no two or more issues of outstanding bonds may be refunded by a single issue of refunding bonds unless the taxable property upon which tax levies are being made for payment of each such outstanding issue of bonds is identical to the taxable property on which such levies are being made for the payment of all other outstanding bonds proposed to be refunded by such single issue of refunding bonds.

(6) Repealed.
C.R.S. § 22-20-205 — CO Code / Title 22 / Article 20 / Part 2 / Section 22-20-205
22-20-205. Gifted education - funding - legislative declaration
Status: in_force

22-20-205. Gifted education - funding - legislative declaration. (1) For each fiscal year, the appropriations that the general assembly makes to fund programs for gifted children must be designated by a separate line item in the annual general appropriation act. The moneys that the general assembly appropriates for gifted education programs must supplement, not supplant, funding for programs for students with disabilities.

(2) (a) The general assembly shall appropriate moneys to offset the costs incurred by administrative units in:

(I) Conducting a universal screening of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan;

(II) Employing a qualified person in gifted education as described in section 22-20-204 (4)(a).

(b) An administrative unit may conduct either or both the universal screening of enrolled students no later than second grade and the second screening in conjunction with the creation of each child's individual career and academic plan. An administrative unit may apply to the department for a grant for the screenings it conducts. The department shall distribute moneys appropriated for the costs of conducting the screenings to each administrative unit that applies for a grant. The amount of each grant must be based on the number of students who participate in the screening and the per pupil cost of the screening.

(c) An administrative unit that hires a qualified person on at least a half-time basis to administer the administrative unit's gifted programs and implement the administrative unit's program plan may apply to the department for a grant to offset the costs incurred in employing the qualified person on a half-time basis. The department shall distribute moneys appropriated for the costs of employing qualified persons on a half-time basis to each administrative unit that applies for a grant. The amount of each grant must be equal to the costs incurred by the applying administrative unit in employing the qualified person on a half-time basis.

(d) The state board shall promulgate rules as necessary to implement paragraphs (b) and (c) of this subsection (2), including, but not limited to, rules to specify the deadline by which administrative units must apply for grants pursuant to paragraphs (b) and (c) of this subsection (2). The department shall distribute any amount remaining of the moneys appropriated for purposes of paragraphs (b) and (c) of this subsection (2) to administrative units in the same manner that it distributes the moneys appropriated pursuant to subsection (1) of this section. Notwithstanding any provision of this section to the contrary, in a budget year in which the general assembly does not appropriate moneys pursuant to paragraph (a) of this subsection (2) in an amount that is sufficient to fully fund the grants authorized in paragraph (b) or (c) of this subsection (2), the department shall distribute moneys to grant applicants, subject to the available appropriations, based on the order in which it receives applications.

(e) If an administrative unit is conducting the universal screening and the second screening or employing a qualified person in gifted education before August 6, 2014, the administrative unit must use the moneys received pursuant to paragraph (b) or (c) of this subsection (2) for other costs incurred in implementing the administrative unit's gifted education program as provided in subsection (4) of this section.

(3) An administrative unit may not refuse to accept state or federal moneys for implementing a program plan, but shall adopt and implement a program plan that the administrative unit can implement within the local, state, and federal moneys and resources that are available to the administrative unit for gifted education.

(4) An administrative unit may use funding for gifted education programs only for the costs associated with:

(a) Appropriately licensed and endorsed personnel;

(b) Programming options and counseling related to serving gifted children;

(c) Materials used in serving gifted children;

(d) Professional development for personnel who serve gifted children; and

(e) The direct administrative costs and other limited expenditures, as defined by state board rule, that the administrative unit incurs in implementing the gifted education program.

(5) (a) Beginning in the 2023-24 budget year, the general assembly shall appropriate from the state education fund the amount necessary each budget year to provide by the 2027-28 budget year full universal screening of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan, and qualified personnel necessary to provide the screenings.

(b) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, providing funds for universal screening for the purpose of providing universal screening of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan, and qualified personnel necessary to provide the screenings, pursuant to this section 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.
C.R.S. § 22-51-110 — CO Code / Title 22 / Article 51 / Section 22-51-110
22-51-110. Effective date
Status: repealed

22-51-110. Effective date. (Repealed)
C.R.S. § 22-93-104 — CO Code / Title 22 / Article 93 / Section 22-93-104
22-93-104. Rules
Status: in_force

22-93-104. Rules. (1) On or before April 1, 2012, or not more than ninety days after the department receives sufficient moneys to implement this article as described in section 22-93-102 (2), whichever is later, the state board shall promulgate rules for the administration of this article, including but not limited to:

(a) Application procedures by which public schools, facility schools, and collaborative groups of public schools and facility schools may apply for grants pursuant to this article;

(b) Criteria for the department to apply in selecting the public schools, facility schools, and collaborative groups of public schools and facility schools that shall receive grants and determining the amount of grant moneys to be awarded to each grant recipient, which criteria, at a minimum, shall require each grant recipient to:

(I) Use awarded grant moneys for purposes that are based upon evidence-based best practices for preventing bullying;

(II) Use at least a portion of awarded grant moneys for the purpose of educating students' parents and legal guardians regarding the grant recipient's policies concerning bullying prevention and education and the grant recipient's ongoing efforts to reduce the frequency of bullying incidents; and

(III) Adopt a specific policy concerning bullying education and prevention that includes:

(A) Provisions for the biennial administration of surveys of students' impressions of the severity of bullying in their schools, the administration of which surveys, at a minimum, shall satisfy the rules promulgated by the state board pursuant to paragraph (c) of this subsection (1); and

(B) The designation of a team of persons at each school of the school district who advise the school administration concerning the severity and frequency of bullying incidents that occur in the school, which team may include, but need not be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health professionals, counselors, teachers, administrators, parents, and students.

(c) Rules for the administration of surveys of students' impressions of the severity of bullying in their schools, which procedures, at a minimum, shall include:

(I) Procedures for the distribution, collection, standardization, and analysis of data collected in each survey, which procedures shall ensure the confidentiality of each student's answers to the survey and clarify that the completion of a survey shall be voluntary and shall not be required of any student;

(II) Certain questions that each survey shall ask of each student concerning how frequently the student witnesses bullying at his or her school and how frequently the student perceives himself or herself to be a victim of bullying; and

(III) Provisions to ensure that, to the extent practicable, a school district or school, including a district charter school or an institute charter school, may utilize existing forms and procedures in administering the surveys.

(d) The designation of a date by which the department shall annually submit to the state board and to the education committees of the senate and house of representatives, or any successor committees, the information described in section 22-93-103 (4).
C.R.S. § 22-42-126 — CO Code / Title 22 / Article 42 / Section 22-42-126
22-42-126. Validation
Status: in_force

22-42-126. Validation. All school elections and all acts and proceedings had or taken, or purportedly had or taken, prior to June 2, 1971, by or on behalf of any school district, under law or under color of law, preliminary to and in the holding and canvass of all school elections are validated, ratified, approved, and confirmed, notwithstanding any lack of power, authority, or otherwise, and notwithstanding any defects or irregularities in such elections, acts, and proceedings.
C.R.S. § 22-10-205 — CO Code / Title 22 / Article 10 / Part 2 / Section 22-10-205
22-10-205. Repeal of part
Status: repealed

22-10-205. Repeal of part. This part 2 is repealed, effective July 1, 2027.
C.R.S. § 22-27.5-106 — CO Code / Title 22 / Article 27.5 / Section 22-27.5-106
22-27.5-106. Dropout prevention activity grant programs - report
Status: in_force

22-27.5-106. Dropout prevention activity grant programs - report. (1) Each facility school, qualified school, and qualified community organization that receives a dropout prevention activity program grant shall, in each year that it receives the grant, report to the department a description of the arts-based or vocational activity program and the projects accomplished through the program and an indication of the number of students who participated in the program.

(2) On or before January 15, 2007, and on or before January 15 each year thereafter, the department shall report to the education committees of the house of representatives and the senate and to the governor the following information from the preceding school year:

(a) The number and amounts of dropout prevention activity program grants awarded;

(b) A description of the arts-based and vocational activity programs that received grants;

(c) The number of students who participated in the arts-based and vocational activity programs that received grants; and

(d) The student dropout rates of the qualified schools at which the funded arts-based and vocational activity programs were operated.
C.R.S. § 22-102-106 — CO Code / Title 22 / Article 102 / Section 22-102-106
22-102-106. Pilot program coordinator - evaluation of pilot program - student impacts and ou
Status: in_force

22-102-106. Pilot program coordinator - evaluation of pilot program - student impacts and outcomes. (1) The department shall employ or contract with a pilot program coordinator to oversee the implementation of the pilot program across the pilot schools. The pilot program coordinator must be a school social worker who shall work with each pilot school's team of school mental health professionals. The duties of the pilot program coordinator include, at a minimum:

(a) Coordinating data collection and program evaluation requirements with the professional program evaluator retained pursuant to subsection (2) of this section;

(b) Serving as a contact person and resource for teams of school mental health professionals in the pilot schools;

(c) Helping pilot schools identify successful practices for recruiting and retaining mental health professionals;

(d) Sharing best practices relating to the pilot program and its implementation at the pilot schools; and

(e) Ensuring fidelity to the goals of the pilot program across the pilot schools.

(2) (a) The department shall select a professional program evaluator to complete a preliminary evaluation of the pilot program on or before September 1 of the second full school year of implementation of the pilot program and a final evaluation of the pilot program to be completed on or before September 1 immediately following the conclusion of the final school year of the pilot program. Subject to available appropriations or gifts, grants, or donations for the four-year term of the pilot program, the department shall contract with the evaluator in the school year prior to the implementation of the pilot program in the pilot schools to create a process for the collection and transmission of data and information to the evaluator to ensure that the evaluator has the data and information necessary to complete the preliminary and final reports concerning the impact and outcomes of the pilot program. The pilot program evaluator, in conjunction with the department, shall select a group of control schools that have school characteristics and student demographics similar to those of the pilot schools to serve as a control group for purposes of evaluating the impacts and outcomes of the pilot program on participating students and pilot schools. Data collected for pilot schools and control group schools must include data from school climate and healthy schools surveys for any grade in which such surveys have been created.

(b) The department shall select a professional program evaluator that has the knowledge and skills necessary to evaluate the effectiveness of services provided by the pilot program and the resulting impacts and outcomes of the pilot program on the student cohorts participating in the pilot program. The department is encouraged, but is not required, to contract with a state institution of higher education to complete the evaluation of the pilot program.

(c) The department and the pilot schools shall cooperate fully with the pilot program evaluator's collection and analysis of data and information relating to the pilot program's impact and outcomes. The department, pilot schools, the pilot program coordinator, and the contracted evaluator shall comply with all state and federal laws relating to the confidentiality of academic and medical records of students and shall provide aggregated data where appropriate.

(d) The pilot program evaluator shall determine the impact of the pilot program on students' academic, mental, social-emotional, and physical health and well-being. The evaluator shall collect and analyze data relating to student and school outcomes, which outcomes may include:

(I) The increase or decrease in students' disciplinary referrals, either within the pilot school, or pilot school's district, if relevant, or with law enforcement, and the increase or decrease in students adjudicated delinquent within the pilot school's district;

(II) The increase or decrease in students' lost instruction time due to disciplinary action or visits to the school nurse or school counselor;

(III) The increase or decrease in excused and unexcused absences and truancy;

(IV) The increase or decrease in overall student performance on statewide assessments, by grade;

(V) The increase or decrease in the student cohorts' grade point average, by grade;

(VI) The increase in access to supportive services for students and their families, as evidenced by:

(A) An increase in the number or percentage of students identified as eligible for free or reduced-price meals, by grade;

(B) An increase in employment outcomes for students' families;

(C) An increase or decrease in students' food security as demonstrated by an increase or decrease in the number or percentage of students participating in the federal supplemental nutrition assistance program;

(D) An increase or decrease in the number or percentage of eligible students accessing public benefits;

(E) An increase or decrease in the pilot schools' awareness of or involvement with domestic violence or child abuse issues affecting students;

(F) Impact on the school's learning environment and changes to the school climate during the operation of the pilot program and evaluation of school climate;

(G) The reduction in adverse childhood experiences or the positive resolution of adverse childhood experiences, if available;

(H) The reduction in youth suicide and attempted suicide; and

(VII) Any other relevant data and information relating to pilot program outcomes and impacts as determined by the pilot program evaluator.
C.R.S. § 22-2-127 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-127
22-2-127. Financial literacy - resource bank - technical assistance - definitions - approp
Status: repealed

22-2-127. Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Colorado application for state financial aid" or "CASFA" means the application to determine student financial need and eligibility for state financial aid programs using federal FAFSA methodology, or any successor form.

(b) "Financial literacy" means knowledge of personal finances that is sufficient to enable a person to manage savings, investment, and checking accounts; to design and maintain a household budget; to manage personal debt; to understand consumer credit and finance; to manage personal credit options; to assess the affordability of and how to budget for postsecondary education; to understand the purpose of and how to access and complete the FAFSA or CASFA to access student financial aid; to understand the home buying process, including home loans and managing mortgage debt; and to understand and select from short-term and long-term investment options.

(c) "Free application for federal student aid" or "FAFSA" means the federal application used to determine student financial need and eligibility for federal student aid programs, or any successor form.

(2) The state board shall create and maintain a resource bank of materials pertaining to financial literacy. At a minimum, the resource bank shall include national model standards for financial literacy, model programs of instruction for financial literacy, model financial literacy curricula, and model materials for professional educator development in teaching financial literacy. The resource bank shall also include a list of the available mathematics and economics textbooks that contain substantive provisions on personal finance, including personal budgeting, credit, debt management, and similar personal finance topics. The state board shall ensure that the materials included in the resource bank represent the best practices in the teaching of financial literacy. The materials in the resource bank shall be available to school districts not later than March 15, 2005.

(2.5) In addition to the materials included in the resource bank pursuant to subsection (2) of this section, the resource bank must also include information concerning financial aid planning for postsecondary education expenses; information concerning the benefits of completing and submitting the FAFSA, or, for students who are not eligible for financial aid pursuant to Title IV, Part B of the federal "Higher Education Act of 1965", as amended, the CASFA; and electronic links to the FAFSA and CASFA and instructions for completing the FAFSA and CASFA.

(3) Upon the request of a school district or a charter school, the department shall provide technical assistance to the school district or charter school in designing a curriculum of financial literacy.

(4) The department shall implement the provisions of this section to the fullest degree possible within existing resources. The department shall contract with one or more entities for the implementation of this section.

(5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, creation of a resource bank of materials pertaining to financial literacy is an important element of an accountable program to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(6) The department is authorized to accept and expend any gifts, grants, or donations that may be available from any private or public sources for the implementation of this section. All private and public funds received through gifts, grants, or donations pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the financial literacy cash fund, which fund is hereby created and referred to in this subsection (6) as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this section. Any moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(7) (a) The department, in collaboration with the department of higher education, shall:

(I) Update financial literacy information and training provided to local education providers to include detailed resources and tools about financial aid, access to financial aid tools, and applications and processes beginning in middle school or earlier; and

(II) Develop financial literacy training options aligned with financial aid information, federal and state application processes, and underlying financial literacy principles, such as in-demand, high-wage jobs and the necessary training leading to those jobs. The department shall prioritize providing training to financial literacy educators, career and technical education instructors, counselors, and professionals, such as those working in family engagement.

(b) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department two hundred seventy-five thousand dollars from the general fund for the programs pursuant to this subsection (7). Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation:

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

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

(III) Must not be used for any other purpose other than the purposes set forth in this subsection (7).

(c) This subsection (7) is repealed, effective July 1, 2025.
C.R.S. § 22-5.5-102 — CO Code / Title 22 / Article 5.5 / Section 22-5.5-102
22-5.5-102. Legislative declaration
Status: in_force

22-5.5-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Colorado should align its education system to maximize the state's limited resources in improving student achievement and closing the learning gap;

(b) One of the most effective ways to align the state's education system and maximize resources is to expand the department of education's eight existing regional service areas to twelve regional service areas, and to include in the expansion process representation from community and local district colleges, technical colleges, state institutions of higher education, early childhood councils, and business and industry;

(c) Colorado experimented with successful results with regional consortiums for professional development during 2000 and 2001 as a means to deliver professional development programs across school district lines in an efficient and effective manner;

(d) Regions can serve as an efficient and effective link between the state, the department of education, boards of cooperative services, administrative units, school districts, state institutions of higher education, and business and industry to leverage and implement scarce resources for education reform initiatives at state, regional, and local levels;

(e) A regional service area system would extend and expand service delivery in many areas, including but not limited to data centers, financial services, cooperative purchases, technological support, capital construction planning assistance, dropout prevention, early childhood and preschool programs, postsecondary partnerships and student transitions into postsecondary schools, professional development, curriculum and instructional expertise and support, and shared administration and services among school districts;

(f) Funding for regional service areas should be consistent and sustainable over time;

(g) School districts, boards of cooperative services, administrative units, community colleges, local district colleges, technical colleges, postsecondary institutions, early childhood councils, and representatives from business and industry located within the same geographic area should work collaboratively to develop a regional plan that meets the needs of participants in order to increase the effectiveness of a regional system.

(2) The general assembly therefore declares that it is in the best interest of the state of Colorado and its citizens to assist in providing a thorough and uniform educational system by creating a system of regional service areas that utilizes existing relationships to provide programs and services beyond the boundaries of the current twenty-one boards of cooperative services, fifty-seven administrative units, and one hundred seventy-eight school districts.

(3) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, the establishment of twelve regional service areas which will effectively align the state's education system and maximize resources is a critical element of accountable education reform, accountable programs to meet state academic standards, expanding technology education, improving student safety, expanding the availability of preschool and kindergarten programs, and accountability reporting and, therefore, may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-60.5-113 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-113
22-60.5-113. Issuance of professional licenses to certificate holders
Status: repealed

22-60.5-113. Issuance of professional licenses to certificate holders. (Repealed)
C.R.S. § 22-7-609 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-609
22-7-609. School improvement plans
Status: repealed

22-7-609. School improvement plans. (Repealed)
C.R.S. § 22-41-104.5 — CO Code / Title 22 / Article 41 / Section 22-41-104.5
22-41-104.5. Other financial transactions
Status: in_force

22-41-104.5. Other financial transactions. (1) The state treasurer may engage in financial transactions whereby:

(a) Obligations are purchased with moneys accrued or accruing to the public school fund under an agreement providing for the resale of such obligations to the original seller at a stated price together with a payment to the fund of interest for the period the fund holds the obligations, but the market value of such obligations shall at all times be at least equal to the total purchase price;

(b) Obligations owned by the fund are sold under an agreement providing for the repurchase of such obligations by the fund at a stated price together with the payment to the buyer of interest for the period the buyer holds the obligations;

(b.5) Loans are made to school districts under the provisions of section 3 of article IX of the state constitution;

(c) Obligations owned by the fund are delivered to reputable and financially responsible dealers in such obligations under an agreement which provides:

(I) For the replacement thereof with obligations of the same kind and amount upon demand therefor by the state treasurer; and

(II) For the payment to the state treasury by said dealer of a commission or other compensation, based upon the amount of such obligations, for the period of time between the delivery of such obligations to such dealer and the replacement thereof; and

(III) For the pledge and delivery by said dealer to the state treasury of other obligations which are lawful investments having a market value at all times equal to at least the market value of the obligations so delivered to guarantee the replacement of such obligations.

(d) (Repeal provision deleted by revision.)

(2) The state treasurer may make such arrangements for the custody, safekeeping, and registration of obligations as will enable him to make prompt delivery thereof upon maturity or in the event of sale.
C.R.S. § 22-11-502 — CO Code / Title 22 / Article 11 / Part 5 / Section 22-11-502
22-11-502. Data portal - creation - contents
Status: in_force

22-11-502. Data portal - creation - contents. (1) The department shall develop and maintain an internet-based electronic data delivery system to provide education accountability data to public schools, school districts, the institute, parents, and other members of the public.

(2) At a minimum, the department shall publish on the data portal the following items:

(a) The performance reports, as described in section 22-11-503, for public schools, school districts, the institute, and the state;

(b) The accreditation category, with supporting data, determined pursuant to part 2 of this article, for each school district in the state and for the institute;

(c) The accreditation category, with supporting data, for each public school in the state, as determined by the local school board or the institute, whichever is applicable;

(d) For each public school in the state, the school performance, improvement, priority improvement, or turnaround plan, whichever is appropriate based on the state board's direction pursuant to section 22-11-210;

(e) For each school district in the state, the district performance, improvement, priority improvement, or turnaround plan, whichever is appropriate based on the school district's accreditation category; and

(f) For the institute, the institute performance, improvement, priority improvement, or turnaround plan, whichever is appropriate based on the institute's accreditation category.

(3) In publishing supporting data for the school district, institute, and public school accreditation categories, the department shall include data pertaining to the graduation rates that describe the progress made by student groups disaggregated for gender by race and income.
C.R.S. § 22-2-101 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-101
22-2-101. Short title
Status: in_force

22-2-101. Short title. This part 1 shall be known and may be cited as the "State Department of Education Act of 1964".
C.R.S. § 22-20-107.5 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-107.5
22-20-107.5. District of residence of a child with a disability - jurisdiction
Status: in_force

22-20-107.5. District of residence of a child with a disability - jurisdiction. (1) Notwithstanding the provisions of section 22-1-102 (2), for the purposes of this article 20, the district of residence of a child with a disability is the school district in which such child lives on a day-to-day basis, including a child placed in a foster home pursuant to section 19-1-115.5 (1); except that:

(a) If a child with a disability is homeless, as defined by section 22-1-102.5, the provisions of section 22-1-102 (2)(h) shall apply;

(b) The child shall be deemed to reside where the child's parent resides if the child is living at one of the following:

(I) A regional center that is operated by the department of human services;

(II) A facility;

(III) A group home;

(IV) A mental health institute operated by the department of human services; or

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

(c) If a child lives in a regional center, a mental health institute, a facility, or a group home, and the district of residence cannot be determined due to the inability to locate a parent or due to the homelessness of a parent, the child shall be considered a resident of the school district in which the regional center, mental health institute, facility, or group home is located; or

(d) If a child with a disability is a student in out-of-home placement, as defined in section 22-32-138, and is enrolled in a school of origin, as defined in section 22-32-138, other than an approved facility school, as defined in section 22-2-402, or a state-licensed day treatment facility, section 22-1-102 (2)(j) applies.

(2) If there is a dispute as to which school district constitutes the district of residence, the commissioner of education shall have the authority to determine questions of residency and thus jurisdiction after reviewing necessary details involved in the determination of residency.
C.R.S. § 22-43-103 — CO Code / Title 22 / Article 43 / Section 22-43-103
22-43-103. Question of issuing refunding bonds
Status: in_force

22-43-103. Question of issuing refunding bonds. (1) Whenever the board of education of any school district deems it expedient to issue refunding bonds under the provisions of this article and the net effective interest rate and the net interest cost of said issue of refunding bonds shall not exceed the net effective interest rate and the net interest cost of the outstanding bonds to be refunded, such refunding bonds may be issued without the submission of the question of issuing the same at an election held in accordance with article 42 of this title. If two or more issues of outstanding bonds of a school district are to be refunded by the issuance of a single issue of refunding bonds, as provided in section 22-43-102 (5), the net interest cost and net effective interest rate on the bonds to be refunded shall be computed as if all of said bonds had originally been combined as a single issue aggregating the total of the smaller issues, and the results of this computation shall be compared with the net interest cost and net effective interest rate on the whole of the single refunding issue for purposes of determining the necessity of submitting the question of issuing such refunding bonds at an election held in accordance with article 42 of this title.

(2) If any district proposes to issue refunding bonds, on which issue the net interest cost or net effective interest rate exceeds the net interest cost or net effective interest rate of the outstanding bonds to be refunded, the board shall submit the question of issuing such refunding bonds and the maximum net interest cost and maximum net effective interest rate at which such refunding bonds may be issued at the regular biennial school election or at a special election called for that purpose. Any such election shall be called and held as nearly as may be in the manner provided by law for elections on the question of the issuance of other school bonds of the issuing district.
C.R.S. § 22-7-1002 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1002
22-7-1002. Legislative declaration
Status: in_force

22-7-1002. Legislative declaration. (1) The general assembly hereby finds that:

(a) Since 1993, implementation of standards-based education has resulted in significant increases in the ability of school districts and the state to measure what each student knows and is able to demonstrate at various levels in the student's academic career and in significant increases in learning and academic achievement among some students enrolled in the public schools of the state;

(b) However, Colorado continues to see a widening of the achievement gap, unacceptably high dropout rates throughout the state, unacceptably low numbers of high school graduates who continue into and successfully complete higher education, and an unacceptably high need for remediation among those students who do continue into higher education;

(c) From the inception of the nation, public education was intended both to prepare students for the workforce and to prepare them to take their place in society as informed, active citizens who are ready to both participate and lead in citizenship. In recent years, the emphasis in public education has been squarely placed on the areas of reading, writing, mathematics, and science, but it is important that education reform also emphasize the public education system's historic mission of education for active participation in democracy.

(d) With the advent of the twenty-first century and increasing expectations and demands with regard to the use of technology and higher-level critical thinking skills, coupled with increasing levels of national and international economic competition, it is now imperative that the state move to the next generation of standards-based education.

(2) The general assembly finds that:

(a) More and more studies indicate that high-quality early learning experiences are crucial to ensuring students' ultimate success in school, in postsecondary education, in the workforce, and in life, generally;

(b) The next generation of standards-based education must take into account the fact that children enter school with varying skills and experiences. Under the Colorado student assessment program, Colorado does not have the ability to describe achievement gaps until students are in third grade, which, in most circumstances, is too late to adequately address the varying skill levels and experiences with which the students entered school. Understanding the skills, knowledge, and behavior that students bring to their earliest years of public education will provide crucial information to families, communities, schools, and teachers so that they can better support young children's learning and development.

(c) With the increasing number of children who participate in preschool and the recognized importance of providing a high-quality preschool experience, the next generation of standards-based education must ensure that preschools provide very high-quality services that are most likely to help students develop the necessary skills to excel as they enter elementary school.

(3) The general assembly finds that:

(a) The next generation of standards-based education must consider the needs of the whole student by creating a rich and balanced curriculum;

(b) The next generation of standards-based education must also take into account the fact that, while all students must be well prepared for active citizenship, different students will have different career aspirations: Some will seek higher education upon graduation; some will seek career or technical training to pursue a particular vocation; others will immediately seek to enter the workforce;

(c) In the modern world, however, there is little variation in the level of academic preparedness that a student must achieve in order to succeed after high school, regardless of the student's aspirations. To be successful in the workforce and earn a living wage immediately upon graduation from high school, a student needs nearly the same level of academic achievement and preparation that he or she would need to continue into career and technical or higher education.

(d) In providing the curricula to ensure that each student attains the level of academic achievement and preparation he or she needs to continue into the student's chosen post-graduation path of entering the workforce, career and technical education, or higher education, a wide variety of curricular and program options will be necessary to spark in each student the ambition and desire to graduate from high school and achieve his or her aspirations;

(e) Public education must encourage and accommodate students' exposure to and involvement in postsecondary planning and in activities that develop 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; information technology application skills; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship;

(f) The ultimate goal of public education, whatever the student's post-high school aspirations may be or whatever they may become over time, is to ensure that, to the extent possible, each student is prepared to meet his or her full potential. To this end, the system of preschool through postsecondary public education, and the educators who ensure its success, should never cease in striving to help a student achieve mastery of both knowledge and skills.

(4) The general assembly concludes, therefore, that:

(a) To educate students to their full potential, the state must align the public education system from preschool through postsecondary and workforce readiness. This alignment will ensure that a student who enters school ready to succeed and achieves the required level of proficiency on standards as he or she progresses through elementary and secondary education will have achieved postsecondary and workforce readiness when the student graduates from high school, if not earlier. As such, the student will be ready to enter the workforce or to enter postsecondary education without need for remediation.

(b) Alignment of standards from preschool through postsecondary and workforce readiness requires that the state board of education and the Colorado commission on higher education, with the departments of education and higher education, work in close collaboration to create a seamless system of public education standards, expectations, and assessments;

(c) Creating this seamless system of standards, expectations, and assessments from preschool through postsecondary and workforce readiness is a multi-faceted and complex project that will require multiple stages of planning, design, and implementation and that will likely continue over years. Further, achieving the goals outlined in this part 10 will likely require the reallocation of existing state resources and the identification and allocation of new resources to meet increased needs at the state and local levels, including but not limited to significant investment in professional development for educators.

(d) Aligning standards from preschool through postsecondary and workforce readiness and creating a seamless system of public education will place even greater demands on principals, teachers, and other educators. The general assembly recognizes that enabling them to meet these demands will require an investment in professional development.

(e) Throughout the process of creating a seamless system of public education in Colorado, the state board of education and the Colorado commission on higher education must ensure that the standards for preschool through elementary and secondary education, culminating in postsecondary and workforce readiness, are sufficiently relevant and rigorous to ensure that each student who receives a public education in Colorado is prepared to compete academically and economically within the state or anywhere in the nation or the world.

(5) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, adoption and implementation of a school readiness description, of standards and aligned assessments for preschool through elementary and secondary education, and of a postsecondary and workforce readiness description are critical elements of accountable education reform and accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-43.7-106 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-106
22-43.7-106. Public school capital construction assistance board - creation - general powers
Status: in_force

22-43.7-106. Public school capital construction assistance board - creation - general powers and duties - rules. (1) (a) There is created in the department the public school capital construction assistance board. The board 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. The board consists of nine appointed members, none of whom shall hold any state elective office. Five voting members of the board constitute a quorum. Board members are appointed as follows:

(I) The state board shall appoint three members from different areas of the state and from urban, suburban, and rural school districts. The members appointed by the state board shall all have demonstrated experience regarding public school facility issues and shall include:

(A) One member who is a school district board member at the time of appointment;

(B) One member who is a public school superintendent or administrator at the time of appointment or has recent experience as a public school superintendent or administrator; and

(C) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager.

(II) The governor shall appoint three members. The members appointed by the governor shall include:

(A) One member who is an architect whose professional practice includes the design and rehabilitation of public school facilities at the time of appointment or who has recent experience rehabilitating existing public school facilities and designing new public school facilities;

(B) One member who is an engineer whose professional practice at the time of appointment includes public school facilities engineering or who has recent experience in public school facilities engineering; and

(C) One member who is a construction manager who at the time of appointment manages public school facilities construction projects or who has recent experience managing such projects.

(III) The general assembly shall appoint three members, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed jointly by the minority leaders of the house of representatives and the senate. The members appointed by the general assembly shall include:

(A) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager;

(B) One member who has expertise in technology, including but not limited to technology for individual student learning and classroom instruction; and

(C) One member who has public school finance expertise and knowledge regarding public school trust lands.

(b) Members of the board shall serve for terms of two years and may serve up to three consecutive terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year. The appointing authority for a member may remove the member for any cause that renders the member incapable of discharging or unfit to discharge the member's duties. The appropriate appointing authority shall fill any vacancy in the membership of the board by appointment, and a member appointed to fill a vacancy shall serve until the expiration of the term for which the vacancy was filled. Members of the board serve without compensation but are entitled to reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The board shall elect a chair from among its members.

(2) The function of the board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students' learning. In performing its function, the board shall ensure the most equitable, efficient, and effective use of state revenues dedicated to provide financial assistance for capital construction projects pursuant to the provisions of this article 43.7 by assessing public school capital construction needs throughout the state and providing expert recommendations based on objective criteria to the state board regarding the appropriate prioritization and allocation of such financial assistance. To further the performance of its function, the board, in addition to any other powers and duties specified in this article 43.7, has the following powers and duties:

(a) To establish public school facility construction guidelines as specified in section 22-43.7-107 to use in reviewing financial assistance applications and recommending to the state board a prioritized list of projects recommended to receive financial assistance as specified in paragraph (c) of this subsection (2);

(b) As soon as possible following the establishment of school facility construction guidelines pursuant to paragraph (a) of this subsection (2), to conduct or contract for a financial assistance priority assessment of public school buildings and facilities in this state based on the criteria set forth in section 22-43.7-107 (2);

(c) To review financial assistance applications and prepare and submit to the state board a prioritized list of projects to receive financial assistance and the amount and type of financial assistance that should be provided for each project;

(d) To establish guidelines for the division to follow when assisting potential applicants in identifying critical capital construction needs and preparing financial assistance applications pursuant to section 22-43.7-105 (2)(d);

(e) With the support of the division, to assist applicants that cannot feasibly maintain their own construction management staff in implementing the projects for which financial assistance is provided, including but not limited to providing assistance with the preparation of requests for bids or proposals, contract negotiations, contract implementation, and project and construction management;

(f) With the support of the division, to assist applicants in implementing energy-efficient public school facility design and construction practices;

(g) To authorize the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state as authorized by this article 43.7 in order to finance public school facility capital construction;

(h) To enter into sub-financed purchase of an asset or certificate of participation agreements on behalf of the state to sub-finance public school facilities financed by the financed purchase of an asset or certificate of participation agreements to applicants; and

(i) (I) To promulgate such rules, in accordance with article 4 of title 24, C.R.S., as are necessary and proper for the administration of this article, including but not limited to:

(A) Conflict of interest rules for board members;

(B) Rules establishing evaluation criteria for matching moneys requirement waiver or reduction applications submitted to the board pursuant to section 22-43.7-109 (10); and

(C) Rules establishing the means by which public school facilities and projects financed in whole or in part with financial assistance provided pursuant this article are to be publicly identified as having been so financed.

(II) The board shall provide a copy of any proposed board rule to the state board on or before the date on which the board issues a notice of proposed rule-making for the rule pursuant to section 24-4-103 (3), C.R.S.
C.R.S. § 22-30.7-109.5 — CO Code / Title 22 / Article 30.7 / Section 22-30.7-109.5
22-30.7-109.5. Online programs and online schools - report to authorizer and department
Status: in_force

22-30.7-109.5. Online programs and online schools - report to authorizer and department. Each online program and online school shall annually submit to its authorizer and to the department information, pursuant to state board rules, concerning sound financial and accounting practices and resources. A multi-district online school shall notify its authorizer and the department of any intent to amend the program's or school's application for certification to expand grade levels served by the program or school. If the department concludes that the online program or online school should not be permitted to amend its application for certification to expand grade levels served by the program or school based on the quality standards established by the state board pursuant to section 22-30.7-105, the department shall notify the authorizer and the online program or online school of its decision within thirty days after receiving the notification from the program or school. The authorizer shall then have thirty days to appeal the department's decision to the state board, pursuant to the state board's administrative policies.
C.R.S. § 22-82.7-106 — CO Code / Title 22 / Article 82.7 / Section 22-82.7-106
22-82.7-106. Program - procedures
Status: in_force

22-82.7-106. Program - procedures. The department shall develop procedures to allocate and disburse the moneys in the fund among participating school food authorities and facility schools each year, in an equitable manner and in compliance with the requirements of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.
C.R.S. § 22-54-146 — CO Code / Title 22 / Article 54 / Section 22-54-146
22-54-146. Hold-harmless at-risk funding - 2023-24 and 2024-25 budget years - repeal
Status: repealed

22-54-146. Hold-harmless at-risk funding - 2023-24 and 2024-25 budget years - repeal. (1) (a) For the 2023-24 budget year, a district's at-risk funding, as determined pursuant to section 22-54-104 (4), is the greater of the district's at-risk funding amount for the 2022-23 budget year or the district's at-risk funding amount for the 2023-24 budget year.

(b) For the 2024-25 budget year, a district's at-risk funding, as determined pursuant to section 22-54-104 (4), is the greater of the district's at-risk funding amount for the 2023-24 budget year or the district's at-risk funding amount for the 2024-25 budget year.

(2) (a) If, pursuant to subsection (1)(a) of this section, a district's at-risk funding amount for the 2022-23 budget year was greater than the district's at-risk funding amount for the 2023-24 budget year, any additional amount owed to that district for at-risk funding for the 2023-24 budget year must be paid after mid-year revisions are made to replace projections with actual figures.

(b) If, pursuant to subsection (1)(b) of this section, a district's at-risk funding amount for the 2023-24 budget year was greater than the district's at-risk funding amount for the 2024-25 budget year, any additional amount owed to that district for at-risk funding for the 2024-25 budget year must be paid after mid-year revisions are made to replace projections with actual figures.

(3) This section is repealed, effective July 1, 2025.
C.R.S. § 22-9-109 — CO Code / Title 22 / Article 9 / Section 22-9-109
22-9-109. Exemption from public inspection - definition
Status: in_force

22-9-109. Exemption from public inspection - definition. (1) Notwithstanding section 24-72-204 (3), an evaluation report and all public records, as defined in section 24-72-202, that are used in preparing the evaluation report are confidential and are available only to an educator being evaluated, to the duly elected and appointed public officials who supervise the educator's work, and to a hearing officer conducting a hearing pursuant to section 22-63-302 or the court of appeals reviewing a decision of the local board of education pursuant to section 22-63-302; except that:

(a) The evaluation report of the chief executive officer of any school district, as it relates to the performance of the chief executive officer in fulfilling the adopted school district objectives, fiscal management of the district, district planning responsibilities, and supervision and evaluation of district personnel, must be open for inspection by any person at reasonable times; and

(b) Evaluation reports and all public records as defined in section 24-72-202 (6), C.R.S., used in preparing the evaluation reports are available to individuals responsible for reviewing an appeal made by a nonprobationary teacher pursuant to section 22-9-106 (4.5)(b).

(1.5) As used in subsection (1) of this section, "educator" means a teacher, principal, administrator, special services provider, and an education support professional, as defined in section 22-2-502.

(2) Nothing in this section shall prevent a school district or a board of cooperative services from collecting information concerning an individual educator's performance evaluation ratings and student assessment results linked to the individual educator. A school district or board of cooperative services may use the information collected to fulfill its duties as required by law, including reporting this information in the aggregate at the state, district, or school level. In such instances, the identity of individual educators or students, including but not limited to student assessments results linked to the individual educator, must otherwise remain confidential and must not be published or publicly disclosed in any way that would identify an individual educator.

(3) Nothing in this section shall prevent the use of data collected by the department for bona fide research, when the data is obtained pursuant to the department's protocols for release of data for research purposes and is used in a manner that protects the identity of individual educators and adheres to the applicable provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.
C.R.S. § 22-32-143 — CO Code / Title 22 / Article 32 / Section 22-32-143
22-32-143. Local fiscal impact summaries
Status: in_force

22-32-143. Local fiscal impact summaries. (1) If a bill is introduced before the general assembly that imposes upon a school district, school district board of education, or board of cooperative services any new mandate or increase in the level of service for an existing mandate beyond the existing level of service required by law, other than for the repurposing of existing time or resources, each school district, school district board of education, or board of cooperative services that is affected by the new mandate or increase shall have seven days after the date of the bill's introduction to prepare and submit to the director of research of the legislative council of the general assembly, or his or her designee, a brief summary of the fiscal impact of the new mandate or increase upon the budget of the school district or school district board of education.

(2) If the director of research of the legislative council of the general assembly, or his or her designee, prepares an analysis of the fiscal impact of an introduced bill that imposes upon a school district, school district board of education, or board of cooperative services a new mandate or increase in the level of service for an existing state mandate beyond the existing level of service required by law, other than for the repurposing of existing time or resources, and a school district, school district board of education, or board of cooperative services that will be affected by the bill submits to the director of research of the legislative council of the general assembly, or his or her designee, a brief summary of the fiscal impact of the new mandate or increase upon the budget of the school district, school district board of education, or board of cooperative services, then the director of research of the legislative council, or his or her designee, shall include the brief summary with his or her analysis.
C.R.S. § 22-7-1013 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1013
22-7-1013. Local education provider - preschool through elementary and secondary education
Status: in_force

22-7-1013. Local education provider - preschool through elementary and secondary education standards - adoption - academic acceleration - definition. (1) (a) On or before December 15, 2011, each local education provider shall review its preschool through elementary and secondary education standards in comparison with the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005. Following review, each local education provider shall revise its standards, as necessary, to ensure that:

(I) The standards meet or exceed the state preschool through elementary and secondary education standards; and

(II) The standards are aligned to ensure that a student who demonstrates attainment of the standards while advancing through preschool and elementary and secondary education will be able to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma.

(b) In revising its preschool through elementary and secondary education standards, each local education provider shall ensure that it adopts standards, at a minimum, in those subject matter areas that are included in the state preschool through elementary and secondary education standards, including but not limited to English language competency and visual arts and performing arts education.

(c) In revising its preschool through elementary and secondary education standards, a local education provider may choose to adopt the state preschool through elementary and secondary education standards.

(2) Following the review and revision of its preschool through elementary and secondary education standards, each local education provider shall adopt curricula that are aligned with the standards. The local education provider shall design the curricula to ensure that, beginning in preschool or kindergarten and continuing through elementary and secondary education, each student receives a program of study that will enable the student to demonstrate attainment of each of the preschool through elementary and secondary education standards.

(2.5) (a) Each local education provider shall review its procedures concerning academic acceleration for students. Academic acceleration allows a student to progress through an education program at a rate faster or at ages younger than the student's peers. The local education provider shall consider procedures that may include, but need not be limited to, the following:

(I) The process for referral for academic acceleration and procedures that ensure the fair, objective, and systematic evaluation of the students referred;

(II) A decision-making process for accelerated placement that involves multiple persons, including a student's parents, rather than a sole decision-maker;

(III) Guidelines for the practice of academic acceleration, including the categories, forms, and types of academic acceleration and the award of credit;

(IV) Guidelines for preventing nonacademic barriers to the use of acceleration as an educational intervention; and

(V) An appeals process for decisions related to academic acceleration, as well as a process for evaluating the academic acceleration procedures and its effectiveness in successfully accelerating students.

(b) In designing and implementing the academic acceleration procedures, a school district may utilize any resources made available through the department of education and any national research containing recommendations for developing successful academic acceleration procedures.

(3) Each local education provider shall adopt assessments that are aligned with the local education provider's standards and curricula and that will adequately measure each student's progress toward and attainment of the local education provider's standards for the subject areas that are not assessed by the state through the system of assessments adopted by the state board pursuant to section 22-7-1006.

(4) A local education provider may allow a student who is receiving special education services to demonstrate attainment of the preschool through elementary and secondary education standards and postsecondary and workforce readiness through a differentiated plan if required in the student's individualized education program.

(5) (a) On or before July 1, 2017, and on or before July 1 every six years thereafter, each local education provider shall review its preschool through elementary and secondary education standards and, taking into account any revisions to the state preschool through elementary and secondary education standards, shall revise and readopt its standards, if necessary, to ensure that the local education provider's standards continue to meet or exceed the state preschool through elementary and secondary education standards. The local education provider shall revise its curricula accordingly to ensure that the curricula continue to align with the local education provider's preschool through elementary and secondary education standards.

(b) As part of each local education provider's review, regardless of time frame, each local education provider shall select two youth representatives from nominations received from schools in the local education provider's range to participate in the review. When possible, one youth representative must be from an urban school district and one youth representative must be from a rural or small rural school district, as those districts are designated by the department of education. The department of education shall promote the opportunities for youth involvement to schools within the local education provider's range and request schools within the local education provider's range nominate youth to participate in the review of local education standards. Youth representatives serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties. For the purposes of this subsection (5)(b), "youth" means the age of eligibility for membership in the Colorado youth advisory council, as set forth in section 2-2-1303 (1)(b)(I).

(6) Each local education provider shall adopt and implement a written policy by which the local education provider will decide whether the students enrolled by the local education provider will use pencil and paper to complete any portion of a state assessment administered pursuant to section 22-7-1006.3 (1)(a) that the students would otherwise complete using a computer. The policy must ensure that the local education provider makes the decision in consultation with parents and, if the local education provider is a school district or board of cooperative services, the public schools that the local education provider operates. The local education provider may decide that the students in one or more of the public schools, or in one or more of the classrooms of the public schools, operated by the local education provider will use pencil and paper to complete the computerized portions of a state assessment. Each year before the start of fall semester classes, the local education provider shall distribute copies of the policy to the parents of students enrolled in the local education provider and post a copy of the policy on the local education provider's website.

(7) (a) Each local education provider shall adopt and implement procedures by which the local education provider, or the public schools that the local education provider operates, shall annually distribute to the parents of students enrolled by the local education provider an assessment calendar. At a minimum, the assessment calendar must specify the estimated hours each testing day that specific classes or grades will take each assessment and identify whether the assessment is required by federal law or state law or selected by the local education provider. The procedures shall specify the timing for distribution of the calendar and require that the calendar is distributed to parents and posted on the local education provider's website.

(b) (I) In addition to the calendar described in paragraph (a) of this subsection (7), each local education provider shall provide written information to the parents of students enrolled by the local education provider that describes:

(A) The state and local assessments that the local education provider will administer during the school year, identifying the assessments that the local education provider is required by federal law to administer, any additional state assessments that the local education provider is required by section 22-7-1006.3 to administer, the assessments that the local education provider is required by other state law to administer, and the additional assessments that the local education provider chooses to administer;

(B) The anticipated calendar for administering the state and local assessments during the school year; and

(C) The purposes of the state assessments administered pursuant to section 22-7-1006.3 and any additional local assessments that the local education provider administers and the manner in which the department of education and the local education provider uses the assessment results.

(II) Each local education provider shall annually distribute the written information to parents as early in the school year as possible and shall post the written information on the local education provider's website.

(c) The provisions of this subsection (7) do not apply to course-specific assessments that are not adopted by the state board pursuant to section 22-7-1006 or to nonstandardized, classroom-based assessments that individual educators choose to administer to students.

(8) (a) Each local education provider shall adopt and implement a written policy and procedure by which a student's parent may excuse the student from participating in one or more of the state assessments administered pursuant to section 22-7-1006.3. The local education provider shall determine whether the process for excusing a student requires a student's parent to submit written notice to the local education provider.

(b) If a parent excuses his or her student from participating in a state assessment, a local education provider shall not impose negative consequences, including prohibiting school attendance, imposing an unexcused absence, or prohibiting participation in extracurricular activities, on the student or on the parent. If a parent excuses his or her student from participating in a state assessment, the local education provider shall not prohibit the student from participating in an activity, or receiving any other form of reward, that the local education provider provides to students for participating in the state assessment.

(c) A local education provider shall not impose an unreasonable burden or requirement on a student that would discourage the student from taking a state assessment or encourage the student's parent to excuse the student from taking the state assessment.

(d) If the department of education or the state board receives a complaint from a parent concerning a local education provider's implementation of this subsection (8), the department shall notify the local education provider of the nature of the complaint.
C.R.S. § 22-32-109.7 — CO Code / Title 22 / Article 32 / Section 22-32-109.7
22-32-109.7. Board of education - specific duties - employment of personnel - definitions
Status: in_force

22-32-109.7. Board of education - specific duties - employment of personnel - definitions. (1) Prior to the employment of any person by a school district, the board of education shall make an inquiry concerning such person to the department of education for the purpose of determining:

(a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for:

(I) A felony; or

(II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children;

(b) Whether such person has been dismissed by, or has resigned from, a school district or charter school as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior or an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to subsection (3) of this section and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b);

(c) If a holder of a license or authorization issued pursuant to the provisions of article 60.5 of this title, whether such person's license or authorization has ever been denied, annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b), as it existed prior to July 1, 1999, or pursuant to article 60.5 of this title, following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children.

(1.5) During the employment of any person by a school district, the board of education may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section.

(2) (a) The board of education shall also contact previous employers of such applicant for the purpose of obtaining information or recommendations which may be relevant to such person's fitness for employment.

(b) Any previous employer of an applicant for employment who provides information to a school district or who makes a recommendation concerning an applicant, whether at the request of the school district or the applicant, shall be immune from civil liability unless:

(I) The information is false and the previous employer knows such information is false or acts with reckless disregard concerning the veracity of such information; and

(II) The school district acts upon such information to the detriment of:

(A) The applicant because the school district refused to employ such person based, in whole or in part, on negative information concerning such person later determined to be false; or

(B) The school district because the school district employed the applicant based, in whole or in part, on positive information concerning such person later determined to be false.

(c) Any school district which relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and such school district knows the information is false or acts with reckless disregard concerning the veracity of such information.

(3) (a) If an employee of a school district is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence, within ten business days after the dismissal or resignation, the board of education of the school district shall notify the department of education and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department of education. A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child as defined by section 13-80-103.9 (1)(c) pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (3)(a) does not authorize a public school district or charter school to enter into a settlement agreement that would prohibit the public school district or charter school from sharing any other information required by law to be available to the department, another school district, or a charter school.

(b) If an employee of a school district is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the school district shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The school district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department. A school district shall not enter into a settlement agreement that would restrict the school district from sharing any relevant information related to an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (3)(b)(I) does not authorize a school district to enter into a settlement agreement that would prohibit the school district from sharing any other information required by law to be available to the department, another school district, or a charter school.

(3.5) Whenever a school district learns from a source other than the department of education that a current or past employee of the school district has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the school district shall notify the department of education.

(4) Any information received by a board of education pursuant to subsection (1) or (2) of this section shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases information obtained pursuant to the provisions of said subsections or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.

(5) For purposes of this section, unless the context otherwise requires:

(a) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration as those terms are defined in section 18-3-401.

(b) "Student" means any person enrolled at the school where the employee is employed at the time of the allegation, but does not include another student.
C.R.S. § 22-54-104.2 — CO Code / Title 22 / Article 54 / Section 22-54-104.2
22-54-104.2. Legislative declaration
Status: repealed

22-54-104.2. Legislative declaration. (1) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, the increase in the at-risk factor pursuant to section 22-54-104 (5)(f)(II) for districts whose percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and whose funded pupil count is greater than fifty thousand, the requirement that districts that receive at-risk funding spend a portion of their at-risk funding on implementation of the district's English language proficiency program pursuant to section 22-54-105 (3)(b)(I) and the increase in the at-risk factor from 11.2% to 12% for the 2005-06 budget year and each budget year thereafter pursuant to section 22-54-104 (2)(b)(II) and (5)(f) are important elements of accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(2) Repealed.

(3) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, the requirement that school districts provide educational services to juveniles pursuant to section 22-32-141 and that the school districts receive reimbursement for providing the services pursuant to section 22-54-114 (4)(b), is part of providing accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(4) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, the expansion of the definition of "at-risk pupils", as defined in section 22-54-103 (1.5)(a)(VI), to include district pupils eligible for reduced-price lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., and the addition of English language learner funding pursuant to section 22-54-104 (4.3) are important elements of accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(5) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, the construction and implementation of the new at-risk measure described in section 22-54-104.6, including the collection of the necessary data to implement the new at-risk measure described in section 22-54-104.6 (9)(a), is an important part of providing accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-60.5-117 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-117
22-60.5-117. Prior certificates validated
Status: repealed

22-60.5-117. Prior certificates validated. (Repealed)
C.R.S. § 22-1-121 — CO Code / Title 22 / Article 1 / Section 22-1-121
22-1-121. Nonpublic schools - employment of personnel - notification by department of educ
Status: in_force

22-1-121. Nonpublic schools - employment of personnel - notification by department of education. (1) Prior to the employment of any person by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purpose of determining:

(a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for:

(I) A felony; or

(II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children;

(b) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to section 22-32-109.7 and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b);

(c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children.

(1.5) During the time that a person is employed by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section.

(1.7) (a) To facilitate the inquiry permitted by subsection (1) or (1.5) of this section, the governing board of a participating nonpublic school shall require an applicant or employee to submit to the governing board of the school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee, or any third party approved by the Colorado bureau of investigation. At the request of a nonpublic school, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant or employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the nonpublic school within the law enforcement agency's jurisdiction. A school employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's or employee's information for more than thirty days unless requested to do so by the applicant or employee. The governing board shall forward the set of fingerprints together with a check to cover the direct and indirect costs of conducting a fingerprint-based criminal history record check of the applicant or employee to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The department is the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check must be handled in accordance with Pub.L. 92-544, as amended. The department shall notify the governing board whether a fingerprint-based criminal history record check has identified any conviction, plea of nolo contendere, deferred sentence, or deferred prosecution described in subsection (1) of this section.

(a.5) When the results of a fingerprint-based criminal history record check of an applicant or employee performed pursuant to this section reveal a record of arrest without a disposition, the governing board shall require that applicant or employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(b) All costs arising from a fingerprint-based criminal history record check performed by the Colorado bureau of investigation and the federal bureau of investigation pursuant to this section or a name-based judicial record check performed pursuant to this section must be borne by the nonpublic school. The costs may be passed on to the employee or the prospective employee.

(c) (Deleted by amendment, L. 2006, p. 926, § 6, effective July 1, 2006.)

(2) Any information received by the governing board of a nonpublic school pursuant to subsection (1) of this section shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases information obtained pursuant to the provisions of said subsection (1) or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.
C.R.S. § 22-38-110 — CO Code / Title 22 / Article 38 / Section 22-38-110
22-38-110. Pilot school evaluation - report
Status: repealed

22-38-110. Pilot school evaluation - report. (Repealed)
C.R.S. § 22-29-104 — CO Code / Title 22 / Article 29 / Section 22-29-104
22-29-104. Reports - school districts - department
Status: repealed

22-29-104. Reports - school districts - department. (Repealed)
C.R.S. § 22-43-104 — CO Code / Title 22 / Article 43 / Section 22-43-104
22-43-104. Authorization - form - interest
Status: reserved

22-43-104. Authorization - form - interest. (1) Such refunding bonds shall be authorized by a resolution fixing the date, the denominations, the rate of interest on individual bonds, the maturity dates which shall not be more than twenty-five years after the date of such refunding bonds, and the place of payment within or without the state of Colorado, of both principal and interest, and prescribing the form of such refunding bonds. Such bonds shall be negotiable in form and executed in the same manner as prescribed for other school district bonds. At the discretion of the board, any such bonds may be issued with privileges for registration for payment as to principal or interest, or both.

(2) The interest accruing on such refunding bonds may be evidenced by interest coupons thereto attached in substantially the same form as prescribed for other school district bonds, and, when so executed, such coupons shall be the binding obligations of the district according to their import. Such refunding bonds shall mature serially, commencing not later than five years after the date of such bonds and maturing during a period not exceeding twenty-five years after the date thereof. The amount of such maturities shall be fixed by the board of education and specified in the resolution authorizing the issuance of the refunding bonds. The right to redeem all or part of said bonds prior to their maturity, and the order of any such redemption, may be reserved in the resolution authorizing the issuance of bonds and shall be set forth on the face of said bonds. Interest on refunding bonds issued on or after July 1, 1973, pursuant to this article shall be exempt from Colorado income tax.
C.R.S. § 22-2-309 — CO Code / Title 22 / Article 2 / Part 3 / Section 22-2-309
22-2-309. Student data - accessibility - transparency - accountability - short title - def
Status: repealed

22-2-309. Student data - accessibility - transparency - accountability - short title - definitions. (Repealed)
C.R.S. § 22-32-134.5 — CO Code / Title 22 / Article 32 / Section 22-32-134.5
22-32-134.5. Healthy beverages policy required
Status: in_force

22-32-134.5. Healthy beverages policy required. (1) On or before July 1, 2009, each school district board of education shall adopt and implement a policy that prohibits, except as described in subsection (2) of this section, the sale of beverages to students from any source, including but not limited to:

(a) School cafeterias;

(b) Vending machines;

(c) School stores; and

(d) Fund-raising activities conducted on school campuses.

(2) (a) On or before November 15, 2008, the state board of education shall promulgate rules describing beverages that school districts and schools may permit to be sold to students. Each beverage described by the rules shall satisfy minimum nutritional standards for beverages, which standards are science-based and established by a national organization that:

(I) Establishes and promotes minimum nutritional standards for beverages served to students in schools; and

(II) Has set forth a memorandum of understanding between various interested entities, including representatives of the beverage industry, which memorandum of understanding sets forth guidelines for policies concerning beverages that school districts and schools may permit to be sold to students.

(b) On or before November 15, 2008, the state board of education shall promulgate rules describing specific events occurring outside of the regular and extended school day, including but not limited to extracurricular competitions and performances, at which a school district or school may permit to be sold to students beverages other than the beverages described by the rules promulgated by the state board pursuant to paragraph (a) of this subsection (2).

(3) (a) The policy adopted by a school district pursuant to subsection (1) of this section shall apply to all beverages sold on school campuses during regular and extended school days.

(b) For the purposes of this subsection (3), "extended school day" means the regular hours of operation for a school plus any time spent by students after the regular hours of operation for any purpose, including but not limited to participation in extracurricular activities or childcare programs.

(4) The provisions of this section shall apply to contracts entered into or renewed by a school district on or after July 1, 2009.
C.R.S. § 22-31-117 — CO Code / Title 22 / Article 31 / Section 22-31-117
22-31-117. Voting at school elections
Status: in_force

22-31-117. Voting at school elections. (Deleted by amendment)
C.R.S. § 22-60.5-103 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-103
22-60.5-103. Applicants - licenses - authorizations - submittal of form and fingerprints - fa
Status: in_force

22-60.5-103. Applicants - licenses - authorizations - submittal of form and fingerprints - failure to comply constitutes grounds for denial. (1) (a) Prior to submitting to the department of education an application for any license specified in section 22-60.5-201, 22-60.5-210, 22-60.5-301, or 22-60.5-306 or for any authorization specified in section 22-60.5-111, each applicant shall submit to the Colorado bureau of investigation a complete set of fingerprints of such applicant, taken by a qualified law enforcement agency, an authorized employee of a school district or board of cooperative services, or any third party approved by the Colorado bureau of investigation, unless the applicant previously submitted a complete set of his or her fingerprints to the department of education or the Colorado bureau of investigation in connection with an application for a license or authorization specified in this article 60.5 or, if the applicant has continuously resided in Colorado since submitting fingerprints to the bureau, has previously submitted fingerprints pursuant to section 22-2-119.3. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district employee or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant shall submit the fingerprints for the purpose of obtaining a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine whether the applicant for licensure or authorization has a criminal history. The applicant shall pay to the Colorado bureau of investigation the fee established by the bureau for conducting the criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the department of education.

(b) Any person applying for any license specified in section 22-60.5-201, 22-60.5-210, 22-60.5-301, or 22-60.5-306 or for any authorization specified in section 22-60.5-111 or for renewal of such license or authorization or for any master certificate specified in section 22-60.5-202, 22-60.5-211, 22-60.5-302, or 22-60.5-307 shall submit to the department of education at the time of application a completed form as specified in subsection (2) of this section.

(2) (a) On a form provided by the department of education, an applicant shall certify, under penalty of perjury, either:

(I) That he has never been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction; or

(II) That he has been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction. Such certification shall specify such felony or misdemeanor for which convicted, the date of such conviction, and the court entering the judgment of conviction.

(b) For the purposes of paragraph (a) of this subsection (2), a person is deemed to have been convicted of committing a felony or misdemeanor if such person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would have been a felony or misdemeanor.

(c) For the purposes of this section, "convicted" or "conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure the appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, the imposition of a deferred or suspended sentence by the court, or an agreement for a deferred prosecution approved by the court.

(3) In addition to any other requirements established by law for the issuance or renewal of any license specified in section 22-60.5-201, 22-60.5-210, 22-60.5-301, or 22-60.5-306 or for any authorization specified in section 22-60.5-111, the submittal of fingerprints and forms pursuant to the provisions of subsection (1) of this section shall be a prerequisite to the issuance or renewal of such license or authorization by the department of education. Said department shall not issue or renew any license specified in section 22-60.5-201, 22-60.5-210, 22-60.5-301, or 22-60.5-306 or any authorization specified in section 22-60.5-111 to any person making application who does not comply with the provisions of subsection (1) of this section.

(4) To facilitate a criminal history record check conducted pursuant to subsection (1) of this section, the department of education may conduct a search on the ICON system at the state judicial department, as defined in section 24-33.5-102 (3), C.R.S., and may use any other available source of criminal history information that the department of education determines is appropriate, including obtaining records from any law enforcement agency and juvenile delinquency records pursuant to section 19-1-304, C.R.S. The department of education may use the specified sources to determine any crime or crimes for which the person was arrested or charged and the disposition of any criminal charges.

(5) (Deleted by amendment, L. 2006, p. 925, § 5, effective July 1, 2006.)

(5.5) For the purposes of this section, the department of education is a criminal justice agency as that term is defined in section 24-72-302 (3), C.R.S. Law enforcement agencies shall cooperate with the department of education when the department conducts a criminal history record check pursuant to this section.

(6) (a) When the department of education finds probable cause to believe that an educator licensed or authorized pursuant to this article 60.5 has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction, subsequent to the educator's licensure or authorization, the department of education shall require the educator to submit a complete set of the educator's fingerprints taken by a qualified law enforcement agency, an authorized employee of the licensee's employing school district or board of cooperative services, or any third party approved by the Colorado bureau of investigation. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an educator pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the educator's information for more than thirty days unless requested to do so by the educator. The educator shall submit the fingerprints within thirty days after receipt of the written request for fingerprints from the department of education. The department of education shall deny, suspend, annul, or revoke, pursuant to section 22-60.5-107 (2.5), the educator's license or authorization if he or she fails to submit fingerprints on a timely basis pursuant to this subsection (6).

(b) The department of education shall forward fingerprints submitted pursuant to this subsection (6) to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation, to determine whether the educator has a criminal history. In addition, the department of education may use the records of the ICON system at the state judicial department, as defined in section 24-33.5-102 (3), C.R.S., or any other source available, including obtaining records from any law enforcement agency and juvenile delinquent records pursuant to section 19-1-304, C.R.S., to ascertain whether the educator has been convicted of an offense described in section 22-60.5-107 (2), (2.5), or (2.6).

(7) When the results of a fingerprint-based criminal history record check of an applicant or a search of any other source of criminal history information performed pursuant to this section reveals a record of arrest without a disposition, the department of education shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
C.R.S. § 22-60.3-201 — CO Code / Title 22 / Article 60.3 / Part 2 / Section 22-60.3-201
22-60.3-201. Definitions
Status: in_force

22-60.3-201. Definitions. As used in this part 2, unless the context otherwise requires:

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

(2) "Educator preparation program" means an approved program of preparation, as defined in section 22-60.5-102 (8), or an alternative teacher program, as defined in section 22-60.5-102 (5), or other organization that provides educator preparation for a qualified program participant and is approved by the department.

(3) "Educator recruitment and retention program" or "program" means the educator recruitment and retention program created in section 22-60.3-202.

(4) "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.

(5) "Member of the armed forces" means a member of the Army, Air Force, Navy, Marine Corps, Coast Guard, Space Force, or any of the armed forces' active reserve components, or of the National Guard.

(6) "Qualified program participant" means an individual who meets the program criteria and is either a member of the armed forces or a nonmilitary-affiliated educator candidate.

(7) "Rural school district" means a school district in Colorado that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and the total student enrollment is six thousand five hundred students or fewer students.

(8) "Separation" means honorable discharge, release from active duty, release from custody and control of the armed forces, or a similar change in active or reserve status.

(9) "Small rural school district" means a school district in Colorado that the department determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in pre-kindergarten through twelfth grade.

(10) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-1-106 — CO Code / Title 22 / Article 1 / Section 22-1-106
22-1-106. Information as to honor and use of flag
Status: in_force

22-1-106. Information as to honor and use of flag. (1) The commissioner of education shall provide the necessary instruction and information so that all teachers in the grade and high schools in the state of Colorado may teach the pupils therein the proper respect of the flag of the United States, to honor and properly salute the flag when passing in parade, and to properly use the flag in decorating and displaying.

(2) (Deleted by amendment, L. 2004, p. 166, § 1, effective March 17, 2004.)

(3) Each school district shall provide an opportunity each school day for willing students to recite the pledge of allegiance in public elementary and secondary educational institutions. Any person not wishing to participate in the recitation of the pledge of allegiance shall be exempt from reciting the pledge of allegiance and need not participate.
C.R.S. § 22-42-114 — CO Code / Title 22 / Article 42 / Section 22-42-114
22-42-114. Board may issue bonds - exemption from Colorado income tax
Status: in_force

22-42-114. Board may issue bonds - exemption from Colorado income tax. When approved at an election held pursuant to section 22-42-102, the board of education, from time to time, as the proceeds thereof shall be needed for the purposes specified in the notice of said bond election, shall issue bonds of the district in denominations of one thousand dollars or any multiple of one thousand dollars, in its discretion, bearing interest at a rate such that the annual and total repayment costs do not exceed the limits set forth in the notice of the bond election and payable at such time determined in the discretion of the board, which bonds shall mature serially, commencing not later than five years and extending not more than twenty-five years after the date thereof. Principal and interest thereon shall be payable at such place as shall be determined by said board and designated in said bonds. Said bonds shall be made callable for redemption, commencing no later than eleven years after their date, in such manner, with or without premium, as may be determined by the board. Interest on bonds issued on or after July 1, 1973, pursuant to this article shall be exempt from Colorado income tax.
C.R.S. § 22-60.3-205 — CO Code / Title 22 / Article 60.3 / Part 2 / Section 22-60.3-205
22-60.3-205. Reports
Status: repealed

22-60.3-205. Reports. (1) The department, as part of its annual budget request, shall prepare an annual progress report on implementing the program. At a minimum, the report must include for the immediately preceding budget year:

(a) The number of individuals reached through program communications;

(b) The total number of applicants;

(c) The total number of qualified program participants;

(d) The total amount of financial assistance distributed;

(e) The number of educator licensure certificates awarded through the program created in section 22-60.3-202;

(f) The completion rate for participating educator preparation programs;

(g) A summary of data collected from the qualified program participants and employing local education providers concerning the effectiveness of the program; and

(h) Recommendations, if any, for legislative or regulatory changes to facilitate the effective implementation of the program.

(2) The department shall submit the report to the state board of education, the governor, and the education committees of the house of representatives and the senate, or any successor committees. The department shall also post the report on the department's website for public access. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this section continues indefinitely.

(3) On or before July 1, 2031, the department shall prepare and submit to the education committees of the senate and house of representatives, or any successor committees, a report, based on the compiled annual reports described in subsection (1) of this section, concerning the outcomes achieved by the program and the effectiveness of the program in meeting the goals of the program described in section 22-60.3-202 (2). Based on the outcomes achieved and the evaluation of effectiveness, the department shall include in the report a recommendation as to whether the program should be continued, amended, or repealed.
C.R.S. § 22-2-132 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-132
22-2-132. Department of education - career and technical education authorization - rules
Status: in_force

22-2-132. Department of education - career and technical education authorization - rules. (1) In accordance with the state plans for occupational education that the state board for community colleges and occupational education adopts pursuant to section 23-60-304, C.R.S., the department shall issue authorizations to teachers of occupational subjects, teacher-trainers, supervisors, directors, occupational counseling specialists, and others who have responsibilities in connection with occupational education at the secondary level. Before issuing an authorization pursuant to this section, the department shall determine that the person applying for the authorization meets the minimum qualifications that the state board for community colleges and occupational education establishes pursuant to section 23-60-304 (3)(a), C.R.S. A person who is required by law to obtain an educator license or authorization pursuant to article 60.5 of this title may obtain a career and technical education authorization pursuant to section 22-60.5-111 (9) rather than an authorization pursuant to this section.

(2) (Deleted by amendment, L. 2015.)

(3) The state board of education shall promulgate such rules as may be necessary to implement this section. At a minimum, the rules must establish the amount of and procedures for the department to collect a fee for issuing an authorization pursuant to this section and section 22-60.5-112.
C.R.S. § 22-16-103 — CO Code / Title 22 / Article 16 / Section 22-16-103
22-16-103. Definitions
Status: in_force

22-16-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Aggregate data" means data collected and reported at the group, cohort, or institutional level that is aggregated using protocols that are effective for preserving the anonymity of each individual included in the data.

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

(3) "Destroy" means to remove student personally identifiable information so that it is permanently irretrievable in the normal course of business.

(4) "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, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.

(5) "Parent" means a student's biological or adoptive parent or the student's legal guardian.

(6) "Public education entity" means the department, a local education provider, the state charter school institute established in section 22-30.5-503, or a public school.

(7) (a) "School service" means an internet website, online service, online application, or mobile application that:

(I) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school;

(II) Is used at the direction of teachers or other employees of a local education provider; and

(III) Collects, maintains, or uses student personally identifiable information.

(b) "School service" does not include an internet website, online service, online application, or mobile application that is designed and marketed for use by individuals or entities generally, even if it is also marketed to a United States preschool, elementary school, or secondary school.

(8) "School service contract provider" or "contract provider" means an entity, other than a public education entity or an institution of higher education, that enters into a formal, negotiated contract with a public education entity to provide a school service.

(9) "School service on-demand provider" or "on-demand provider" means an entity, other than a public education entity, that provides a school service on occasion to a public education entity, subject to agreement by the public education entity, or an employee of the public education entity, to standard, non-negotiable terms and conditions of service established by the providing entity.

(10) "Small rural school district" means a school district that the department identifies as rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade.

(11) "State board" means the state board of education created in section 1 of article IX of the state constitution.

(12) "Student data system" means the Colorado department of education student data collection system.

(13) "Student personally identifiable information" means information that, alone or in combination, personally identifies an individual student or the student's parent or family, and that is collected, maintained, generated, or inferred by a public education entity, either directly or through a school service, or by a school service contract provider or school service on-demand provider.

(14) "Targeted advertising" means selecting and sending advertisements to a student based on information obtained or inferred over time from the student's online behavior, use of applications, or personally identifiable information. "Targeted advertising" does not include:

(a) Advertising to a student:

(I) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and

(II) Without the collection and retention of a student's online activities over time;

(b) Adaptive learning, personalized learning, or customized education; or

(c) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria.

(15) "Unique student identifier" means the number assigned by the department pursuant to section 22-16-105 (1) to each student enrolled in a public school.

(16) "Vendor" means a business or other organization with which a public education entity contracts for a product or service. "Vendor" includes a school service contract provider.
C.R.S. § 22-7-806 — CO Code / Title 22 / Article 7 / Part 8 / Section 22-7-806
22-7-806. Reporting requirements
Status: in_force

22-7-806. Reporting requirements. (1) On or before October 1 of each year following a budget year for which moneys were appropriated for the grant program, each school district and institute charter school that receives a grant pursuant to this part 8 shall submit a report to the department after completion of its summer school program. The report shall include the following information:

(a) The number of eligible students who participated in the school district's or institute charter school's summer school program, as applicable;

(b) The levels of performance in the subject area in which the summer school program was offered demonstrated by the eligible students participating in the summer school program both at the beginning of the program and at the end of the program, based on tests administered to the eligible students before and after participating in the program; and

(c) Such other information as the state board may by rule, promulgated pursuant to section 22-7-803 (4), require to assess the effectiveness of the summer school programs operated by school districts and institute charter schools.
C.R.S. § 22-63-101 — CO Code / Title 22 / Article 63 / Part 1 / Section 22-63-101
22-63-101. Short title
Status: in_force

22-63-101. Short title. This article shall be known and may be cited as the "Teacher Employment, Compensation, and Dismissal Act of 1990".
C.R.S. § 22-44-108 — CO Code / Title 22 / Article 44 / Part 1 / Section 22-44-108
22-44-108. Preparation of budget
Status: repealed

22-44-108. Preparation of budget. (1) (a) The board of education shall each year cause to be prepared a proposed budget for the ensuing fiscal year. A statement shall be submitted with the proposed budget describing the major objectives of the educational program to be undertaken by the school district during the ensuing fiscal year and the manner in which the budget proposes to fulfill such objectives.

(b) Repealed.

(c) The proposed budget shall be submitted to the board at least thirty days prior to the beginning of the next fiscal year.

(2) Upon receipt of the proposed budget and statement, the board of education may change the proposed budget and statement prior to the publication of the notice of budget required by section 22-44-109.
C.R.S. § 22-82.9-202 — CO Code / Title 22 / Article 82.9 / Part 2 / Section 22-82.9-202
22-82.9-202. Legislative declaration
Status: in_force

22-82.9-202. Legislative declaration. (1) The general assembly finds and declares that:

(a) No Colorado child should experience hunger, and every public school student should benefit from access to healthy, locally procured, and freshly prepared meals during the school day;

(b) Healthy school meals are necessary for all students for effective learning, and Colorado's investment in education should include healthy school meals for all students to support the nourishment students need to achieve academic success;

(c) Access to healthy school meals should not cause stigma or stress for any student seeking an education;

(d) Colorado's healthy school meals program should support Colorado's food systems, including local farmers and ranchers;

(e) Colorado's healthy school meals program must support students' nutrition and provide quality meals to boost the health and well-being of Colorado students;

(f) During the COVID-19 pandemic, the United States department of agriculture eased program restrictions to allow free meals to continue to be available to all students universally, ensuring that all students facing hunger had access to food while in school; and

(g) Now that strategies exist to prevent hunger for all students during the school day, it is imperative that the state embrace these strategies to move toward the goal of ending child hunger.

(2) The general assembly finds, therefore, that it is in the best interests of the students of Colorado and their families to enact the healthy school meals for all program to provide free meals in public schools for all students.

(3) The general assembly further declares that for purposes of section 17 of article IX of the state constitution, healthy school meals are an essential component to student learning. Free healthy school meals are an important component of an accountable education program to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-38-101 — CO Code / Title 22 / Article 38 / Section 22-38-101
22-38-101. Short title
Status: in_force

22-38-101. Short title. This article shall be known and may be cited as the "Colorado Pilot Schools Act".
C.R.S. § 22-41-106 — CO Code / Title 22 / Article 41 / Section 22-41-106
22-41-106. Disposition of income
Status: repealed

22-41-106. Disposition of income. (Repealed)
C.R.S. § 22-27.5-102 — CO Code / Title 22 / Article 27.5 / Section 22-27.5-102
22-27.5-102. Definitions
Status: in_force

22-27.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Arts-based activity program" means a before- or after-school program that provides students with an opportunity to learn about and participate in an activity in visual arts or performing arts.

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

(3) "District board" means a school district board of education created pursuant to law.

(4) "Dropout prevention activity grant program" or "grant program" means the grant program created pursuant to section 22-27.5-103 to fund before- and after-school arts-based and vocational activity programs for students in grades six through twelve.

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

(5) "Fund" means the dropout prevention activity grant fund created pursuant to section 22-27.5-105.

(5.5) "Performing arts" shall have the same meaning as provided in section 22-1-104.5 (1)(b).

(6) "Qualified community organization" means a nonprofit or not-for-profit, nonsectarian, community-based organization that provides before- and after-school, arts-based or vocational activity programs to low-income youth enrolled in grades six through twelve.

(7) "Qualified school" means a public school, including but not limited to a charter school, that serves any of grades six through twelve and that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210 for the school year in which the public school seeks a grant through the grant program.

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

(8.5) "Visual arts" shall have the same meaning as provided in section 22-1-104.5 (1)(c).

(9) "Vocational activity program" means a before- or after-school program that provides students with an opportunity to learn and develop skills in a variety of vocations, including but not limited to carpentry, plumbing, welding, culinary arts, floral design, automotive maintenance, driver's training, and hotel and restaurant management.
C.R.S. § 22-7-1203 — CO Code / Title 22 / Article 7 / Part 12 / Section 22-7-1203
22-7-1203. Definitions
Status: repealed

22-7-1203. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Body of evidence" means a collection of information about a student's academic performance which, when considered in its entirety, documents the level of a student's academic performance. A body of evidence, at a minimum, shall include scores on formative or interim assessments and work that a student independently produces in a classroom, including but not limited to the school readiness assessments adopted pursuant to section 22-7-1004 (2)(a). A body of evidence may include scores on summative assessments if a local education provider decides that summative assessments are appropriate and useful in measuring students' literacy skills.

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

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

(4) "Evidence based" means the instruction or item described is based on reliable, trustworthy, and valid evidence and has demonstrated a record of success in adequately increasing students' reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension.

(5) "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.

(6) "Local education provider" means a school district, a board of cooperative services, a district charter school, or an institute charter school.

(7) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.

(7.5) "Multi-tiered systems of supports" means a systemic preventive approach that addresses the academic and social-emotional needs of all students at the universal, targeted, and intensive levels. Through the multi-tiered systems of supports, a teacher provides high-quality, scientifically based or evidence-based instruction and intervention that is matched to student needs; uses a method of monitoring progress frequently to inform decisions about instruction and goals; and applies the student's response data to important educational decisions.

(8) (a) "Parent" means a student's biological or adoptive parent, stepparent, foster parent, or legal guardian.

(b) As provided in section 2-4-102, C.R.S., the singular use of "parent" includes the plural, and local education providers shall, to the extent practicable, involve both of a student's parents, as defined in this subsection (8), in implementing the provisions of this part 12.

(9) "Per-pupil intervention money" means the money calculated and distributed to local education providers pursuant to section 22-7-1210.5.

(10) "Reading competency" means a student meets the grade level expectations in reading adopted by the state board.

(11) "Reading to ensure academic development plan" or "READ plan" means an intervention plan created pursuant to section 22-7-1206 to remediate a student's significant reading deficiency.

(12) Repealed.

(13) "School district" means a school district, other than a local college district, organized and existing pursuant to law.

(14) "Scientifically based" means that the instruction or item described is based on research that applies rigorous, systematic, and objective procedures to obtain valid knowledge that is relevant to reading development, reading instruction, and reading difficulties.

(15) "Significant reading deficiency" means that a student does not meet the minimum skill levels for reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension established by the state board pursuant to section 22-7-1209 for the student's grade level.

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

(17) "Teacher" means the educator who is the main instructor for a class of students or an educator who provides specific literacy instruction to selected students.
C.R.S. § 22-102-102 — CO Code / Title 22 / Article 102 / Section 22-102-102
22-102-102. Legislative declaration
Status: in_force

22-102-102. Legislative declaration. (1) The general assembly finds that:

(a) School mental health professionals, including school social workers, positively impact the school environment by working with young students and their families to identify safety-net insecurities, social and emotional skills deficits, instances of abuse and neglect, and mental health challenges;

(b) Identifying these student issues as early as possible increases the likelihood that problems can be resolved successfully and in a manner that decreases long-term problems with learning and other barriers to student success in the future;

(c) A pilot program that places a team of school mental health professionals in every pilot program school will allow the team, in partnership with classroom teachers, to provide needed support for young students and their families at a critical time in their education;

(d) A significant goal of the pilot program is to ensure that students of elementary age receive the right level of necessary services, in the right place, and at the right time;

(e) Receiving the right level of services, in the right place, and at the right time helps remove the burden placed on teachers to be everything to a student, from therapist to family counselor, and instead allows teachers to return to their primary task: Teaching; and

(f) The pilot program will enable parents, students, teachers, administrators, and school mental health professionals to create a safe, positive, and successful school learning environment.

(2) Therefore, the general assembly declares that the creation and successful implementation of a Colorado K-5 social and emotional health pilot program could have a profound impact on the early educational and social experiences of kindergarten through fifth-grade students, resulting in those students graduating to middle and high school programs with fewer social, emotional, and behavioral issues; adverse childhood experiences; disciplinary referrals and delinquent conduct; school absences and truancy; and incidences of self-harm.
C.R.S. § 22-63-302 — CO Code / Title 22 / Article 63 / Part 3 / Section 22-63-302
22-63-302. Procedure for dismissal - judicial review
Status: in_force

22-63-302. Procedure for dismissal - judicial review. (1) Except as otherwise provided in subsection (11) of this section, a teacher shall be dismissed in the manner prescribed by subsections (2) to (10) of this section.

(2) The chief administrative officer of the employing school district may recommend that the board dismiss a teacher based upon one or more of the grounds stated in section 22-63-301. If such a recommendation is made to the board, the chief administrative officer, within three days after the board meeting at which the recommendation is made, shall mail a written notice of intent to dismiss to the teacher. The notice of intent to dismiss shall include a copy of the reasons for dismissal, a copy of this article, and all exhibits which the chief administrative officer intends to submit in support of his or her prima facie case against the teacher including a list of witnesses to be called by the chief administrative officer, addresses and telephone numbers of the witnesses, and all pertinent documentation in the possession of the chief administrative officer relative to the circumstances surrounding the charges. Additional witnesses and exhibits in support of the chief administrative officer's prima facie case may be added as provided in subsection (6) of this section. The notice and copy of the charges shall be sent by certified mail to said teacher at his or her address last known to the secretary of the board. The notice shall advise the teacher of his or her rights and the procedures under this section.

(3) If a teacher objects to the grounds given for the dismissal, the teacher may file with the chief administrative officer a written notice of objection and a request for a hearing. Such written notice shall be filed within five working days after receipt by the teacher of the notice of dismissal. If the teacher fails to file the written notice within said time, such failure shall be deemed to be a waiver of the right to a hearing and the dismissal shall be final; except that the board of education may grant a hearing upon a determination that the failure to file written notice for a hearing was due to good cause. If the teacher files a written notice of objection, the teacher shall continue to receive regular compensation from the time the board received the dismissal recommendation from the chief administrative officer pursuant to subsection (2) of this section until the board acts on the hearing officer's recommendation pursuant to subsection (9) of this section, but in no event beyond one hundred days; except that the teacher shall not receive regular compensation upon being charged criminally with an offense for which a license, certificate, endorsement, or authorization is required to be denied, annulled, suspended, or revoked due to a conviction, pursuant to section 22-60.5-107 (2.5) or (2.6). If the final disposition of the case does not result in a conviction and the teacher has not been dismissed pursuant to the provisions of this section, the board shall reinstate the teacher, effective as of the date of the final disposition of the case. Within ten days after the reinstatement, the board shall provide the teacher with back pay and lost benefits and shall restore lost service credit.

(4) (a) If the teacher requests a hearing, it shall be conducted before an impartial hearing officer selected jointly by the teacher and the chief administrative officer. The hearing officer shall be selected no later than five working days following the receipt by the chief administrative officer of the teacher's written notice of objection. If the teacher and the chief administrative officer fail to agree on the selection of a hearing officer, they shall request assignment of an administrative law judge by the department of personnel to act as the hearing officer.

(b) Hearing officers shall be impartial individuals with experience in the conducting of hearings and with experience in labor or employment matters.

(c) Expenses of the hearing officer shall be paid from funds of the school district.

(5) (a) Within three working days after selection, the hearing officer shall set the date of the prehearing conference and the date of the hearing, which shall commence within the following thirty days. The hearing officer shall give the teacher and the chief administrative officer written notice of the dates for the prehearing conference and for the hearing including the time and the place therefor.

(b) One of the purposes of the prehearing conference shall be to limit, to the extent possible, the amount of evidence to be presented at the hearing.

(c) The parties and their counsel shall be required to attend the prehearing conference with the hearing officer.

(6) (a) Within ten days after selection of the hearing officer, the teacher shall provide to the chief administrative officer a copy of all exhibits to be presented at the hearing and a list of all witnesses to be called, including the addresses and telephone numbers of the witnesses. Within seven days after the teacher submits his or her exhibits and witness list, the chief administrative officer and the teacher may supplement their exhibits and witness lists. After completion of the seven-day period, additional witnesses and exhibits may not be added except upon a showing of good cause.

(b) Neither party shall be allowed to take depositions of the other party's witnesses or to submit interrogatories to the other party. The affidavit of a witness may be introduced into evidence if such witness is unavailable at the time of the hearing.

(7) (a) Hearings held pursuant to this section shall be open to the public unless either the teacher or the chief administrative officer requests a private hearing before the hearing officer, but no findings of fact or recommendations shall be adopted by the hearing officer in any private hearing. The procedures for the conduct of the hearing shall be informal, and rules of evidence shall not be strictly applied except as necessitated in the opinion of the hearing officer; except that the hearing officer shall comply with the Colorado rules of evidence in excluding hearsay testimony.

(b) The hearing officer may receive or reject evidence and testimony, administer oaths, and, if necessary, subpoena witnesses.

(c) At any hearing, the teacher has the right to appear in person with or without counsel, to be heard and to present testimony of witnesses and all evidence bearing upon his proposed dismissal, and to cross-examine witnesses. By entering an appearance on behalf of the teacher or the chief administrative officer, counsel agrees to be prepared to commence the hearing within the time limitations of this section and to proceed expeditiously once the hearing has begun. All school district records pertaining to the teacher shall be made available for the use of the hearing officer or the teacher.

(d) An audiotaped record shall be made of the hearing, and, if the teacher files an action for review pursuant to the provisions of subsection (10) of this section, the teacher and the school district shall share equally in the cost of transcribing the record; except that, if a party is awarded attorney fees and costs pursuant to paragraph (e) of subsection (10) of this section, that party shall be reimbursed for that party's share of the transcript costs by the party against whom attorney fees and costs were awarded.

(e) Any hearing held pursuant to the provisions of this section shall be completed within six working days after commencement, unless extended by the hearing officer on a showing of good cause, and neither party shall have more than three days to present its case in chief. Neither party may present more than ten witnesses at the hearing, except upon a showing of good cause.

(8) The chief administrative officer shall have the burden of proving that the recommendation for the dismissal of the teacher was for the reasons given in the notice of dismissal and that the dismissal was made in accordance with the provisions of this article. Where unsatisfactory performance is a ground for dismissal, the chief administrative officer shall establish that the teacher had been evaluated pursuant to the written system to evaluate licensed personnel adopted by the school district pursuant to section 22-9-106. The hearing officer shall review the evidence and testimony and make written findings of fact thereon. The hearing officer shall make only one of the two following recommendations: The teacher be dismissed or the teacher be retained. A recommendation to retain a teacher shall not include any conditions on retention. The findings of fact and the recommendation shall be issued by the hearing officer not later than twenty days after the conclusion of the hearing and shall be forwarded to said teacher and to the board.

(9) The board shall review the hearing officer's findings of fact and recommendation, and it shall enter its written order within twenty days after the date of the hearing officer's findings and recommendation. The board shall take one of the three following actions: The teacher be dismissed; the teacher be retained; or the teacher be placed on a one-year probation; but, if the board dismisses the teacher over the hearing officer's recommendation of retention, the board shall make a conclusion, giving its reasons therefor, which must be supported by the hearing officer's findings of fact, and such conclusion and reasons shall be included in its written order. The secretary of the board shall cause a copy of said order to be given immediately to the teacher and a copy to be entered into the teacher's local file.

(10) (a) If the board dismisses the teacher pursuant to the provisions of subsection (9) of this section, the teacher may file an action for review in the court of appeals in accordance with the provisions of this subsection (10), in which action the board shall be made the party defendant. Such action for review shall be heard in an expedited manner and shall be given precedence over all other civil cases, except cases arising under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., and cases arising under the "Colorado Employment Security Act", articles 70 to 82 of title 8, C.R.S.

(b) An action for review shall be commenced by the service of a copy of the petition upon the board of the school district and filing the same with the court of appeals within twenty-one days after the written order of dismissal made by the board. The petition shall state the grounds upon which the review is sought. After the filing of the action for review in the court of appeals, such action shall be conducted in the manner prescribed by rule 3.1 of the Colorado appellate rules.

(c) The action for review shall be based upon the record before the hearing officer. The court of appeals shall review such record to determine whether the action of the board was arbitrary or capricious or was legally impermissible.

(d) In the action for review, if the court of appeals finds a substantial irregularity or error made during the hearing before the hearing officer, the court may remand the case for further hearing.

(e) Upon request of the teacher, if the teacher is ordered reinstated by the court of appeals, or upon request of the board, if the board's decision to dismiss the teacher is affirmed by the court of appeals, the court of appeals shall determine whether the nonprevailing party's appeal or defense on appeal lacked substantial justification. If the court of appeals determines that the nonprevailing party's appeal or defense on appeal lacked substantial justification, the court of appeals shall determine the amount of and enter a judgment against the nonprevailing party for reasonable attorney fees and costs incurred on appeal to the court of appeals. Any judgment entered pursuant to this paragraph (e) may be subject to stay as provided in rule 41 of the Colorado appellate rules.

(f) Further appeal to the supreme court from a determination of the court of appeals may be made only upon a writ of certiorari issued in the discretion of the supreme court. Upon request of the teacher, if the teacher is ordered reinstated by the supreme court, or upon motion of the board, if the board's decision to dismiss is affirmed by the supreme court, the supreme court shall determine whether the nonprevailing party's appeal or defense on appeal to the supreme court lacked substantial justification. If the supreme court determines that the nonprevailing party's appeal or defense on appeal to the supreme court lacked substantial justification, the court shall determine the amount of and enter a judgment against the nonprevailing party for reasonable attorney fees and costs incurred on appeal to the supreme court. Any judgment entered pursuant to this paragraph (f) may be subject to stay as provided in rule 41 of the Colorado appellate rules.

(11) (a) The board of a school district may take immediate action to dismiss a teacher, without a hearing, notwithstanding subsections (2) to (10) of this section, pending the final outcome of judicial review or when the time for seeking review has elapsed, when the teacher is convicted, pleads nolo contendere, or receives a deferred sentence for:

(I) A violation of any law of this state or any counterpart municipal law of this state involving unlawful behavior pursuant to any of the following statutory provisions: Sections 18-3-305, 18-6-302, and 18-6-701, C.R.S., or section 18-6-301, C.R.S., or part 4 of article 3, part 4 of article 6, and part 4 of article 7 of title 18, C.R.S.; or

(II) A violation of any law of this state, any municipality of this state, or the United States involving the illegal sale of controlled substances, as defined in section 18-18-102 (5), C.R.S.

(b) A certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence shall be conclusive evidence for the purposes of this subsection (11).
C.R.S. § 22-1-129 — CO Code / Title 22 / Article 1 / Section 22-1-129
22-1-129. Instruction in cardiopulmonary resuscitation and the use of automated external d
Status: repealed

22-1-129. Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules. (1) As used in this section, unless the context otherwise requires:

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

(b) Repealed.

(c) "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, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.

(d) "Psychomotor skills development" means the use of hands-on practice that supports cognitive learning.

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

(2) On and after September 1, 2014, each local education provider may apply for a grant or grants to provide instruction to students in any of grades nine through twelve and school staff in any of grades nine through twelve in cardiopulmonary resuscitation and the use of an automated external defibrillator. The instruction funded pursuant to this section must include a nationally recognized, psychomotor-skills-based instructional program that reflects current, national, evidence-based, emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. The department shall administer the grant program pursuant to state board rules adopted pursuant to subsection (3) of this section.

(3) The state board shall promulgate rules concerning the grants awarded pursuant to this section, which rules must include, at a minimum:

(a) The process by which a local education provider may apply for and receive grant moneys pursuant to this section, including application requirements and deadlines;

(b) The number and amount of each grant and whether grants moneys will be awarded in the order applications are received or through some other method;

(c) The process for achieving a balanced distribution of grant moneys to applicants including rural, urban, and suburban local education providers; and

(d) Procedures for monitoring a local education provider's compliance with the provisions of this section and specifically that moneys awarded pursuant to this section are used for reasonable costs associated with psychomotor-skills-based cardiopulmonary resuscitation training and training on the use of automated external defibrillators, including but not limited to training materials and the temporary employment of cardiopulmonary resuscitation instructors or other trainers qualified to teach skills-based cardiopulmonary resuscitation training.

(4) Notwithstanding any other provision of this section to the contrary, the department shall not award grants pursuant to this section unless the department determines that it has received sufficient money through appropriations or gifts, grants, and donations to implement the program.

(5) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. Nothing in this section requires the department to solicit money for purposes of implementing this section.

(6) Repealed.
C.R.S. § 22-7-1010 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1010
22-7-1010. State board - commission - public input - staff assistance
Status: in_force

22-7-1010. State board - commission - public input - staff assistance. (1) In fulfilling their duties pursuant to this part 10, the state board and the commission, at a minimum, shall:

(a) Meet with interested persons throughout the state, including but not limited to:

(I) Early care and education providers;

(II) Representatives of early childhood councils;

(III) Elementary and secondary teachers, specialists in special education services, counselors, and administrators;

(IV) Boards of cooperative services;

(V) Local school boards and governing boards of district charter schools and institute charter schools;

(VI) Parents and students;

(VII) Precollegiate and postsecondary service providers and concurrent enrollment program managers;

(VIII) Career and technical education faculty and administrators;

(IX) Postsecondary faculty and administrators;

(X) Governing boards of institutions of higher education; and

(XI) Employers and other members of the business community and labor, workforce, and economic development experts;

(b) Take into consideration the recommendations of and consult with the P-20 council;

(c) Solicit and take into consideration information from local boards of education specifically regarding the input received by the local boards from their respective communities in developing the blueprints for the education systems in their respective communities pursuant to section 22-32-109 (1)(kk);

(d) Take into consideration, as applicable, the recommendations of the state graduation guidelines development council made pursuant to section 22-7-414, as it existed prior to July 1, 2008;

(e) Consult and collaborate with state and national organizations of early care and education providers and experts, state and national organizations of educators, and other state, national, and international academic organizations that specialize in creation, maintenance, and implementation of relevant and rigorous education standards and curriculum and in alignment of standards and assessments from preschool through postsecondary education.

(2) (a) Staff from the department of education, the department of higher education, the state board for community colleges and occupational education, the division of child care, and the early childhood policy team in the office of the lieutenant governor shall provide technical assistance and support for the state board and the commission in fulfilling their duties under this part 10.

(b) To further assist in fulfilling their duties under this part 10, the state board and the commission may appoint one or more task forces consisting of state, national, and international education experts.

(3) The department of education and the department of higher education are authorized to receive and expend gifts, grants, or donations of any kind from a public or private entity to carry out the purposes of this part 10, subject to the terms and conditions under which given; except that the department of education or the department of higher education may not accept a gift, grant, or donation if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law.
C.R.S. § 22-30-124 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-124
22-30-124. Existing bonded indebtedness
Status: in_force

22-30-124. Existing bonded indebtedness. (1) The bonded indebtedness of any school district outstanding at the time of inclusion of all or any part of such school district's territory in a new school district organized under this part 1, or in an existing school district as part of a detachment and annexation under this part 1, shall be paid in the following manner:

(a) All of said bonded indebtedness of such old school district shall be paid by the old school district that issued and owes the same by a special tax levied from time to time as may be necessary by the board of education of the new school district or the annexing school district, which special tax shall be levied upon the same taxable property that would have been levied upon to pay said indebtedness of said old school district if no reorganization had occurred, except as is provided in this article to the contrary.

(b) If the assumption of all of said bonded indebtedness by one new school district or an annexing school district has been approved as provided in section 22-30-125, such bonded indebtedness shall be paid in the manner provided by law for the paying of any bonded indebtedness that the new school district contracts pursuant to section 22-30-127 or that the annexing school district contracts pursuant to article 42 of this title.

(c) If the assumption of only a portion of said bonded indebtedness, as provided in the plan of organization, has been approved by any new or annexing school district, as provided in section 22-30-125, such portion of the bonded indebtedness shall be paid by a tax levied from time to time on all the taxable property located within the new or annexing school district.

(2) Whenever two or more old school districts, or portions of such school districts, have been reorganized and included within a new school district and whenever an old school district has been dissolved and annexed into a school district or school districts, under the provisions of this article 30, and, at the time of such reorganization or dissolution and annexation, one or more of the old school districts has outstanding bonded indebtedness, which indebtedness has not been assumed by the new school district or annexing school district pursuant to section 22-30-125, the following duties and responsibilities shall be performed by the following officers:

(a) The board of education of the new school district or annexing school district shall certify to the board of county commissioners under separate headings:

(I) The numbers of all old school districts that had any bonded indebtedness outstanding at the time the old school districts were reorganized and united into the new school district or dissolved and annexed into the existing school district;

(II) The legal description of the property of the old school districts, which property is liable for payment of all or a portion of the outstanding bonded indebtedness of the old school districts;

(III) The amount of the outstanding indebtedness; and

(IV) The amount required for the ensuing calendar year to meet the interest and principal falling due therein.

(b) The board of county commissioners shall levy, segregated under separate headings for the old school districts and for the whole of the new school district or the annexing school district, the several amounts properly applicable thereto for taxes at the same time that other taxes are levied and at such rates, as to each old school district and as to the whole of the new school district or annexing school district, for the payment of the money required for the amounts of either principal or interest, or both, and for the other funds needed by the new school district or annexing school district, certified by the board of education as will produce the several amounts so certified.

(c) The amounts of the taxes that are levied on the several portions of the new school district and on the entire new school district, or on the several portions of the annexing school district and on the entire annexing school district, shall be placed in separate columns in the tax book, which columns shall be headed "special school tax" and shall be subdivided into separate columns designated by the numbers of the old school districts by which the bonded indebtedness was issued, showing what portion of the special tax is for the purposes of the entire new school district or entire annexing school district and what portion is for interest or principal of bonded indebtedness of old school districts, to which indebtedness the old school districts were subject at the time of reorganization or dissolution, and inclusion of the old school districts in the new school district or annexation of the old school district by the existing school district.

(d) The county assessor and the county treasurer shall arrange their tax schedules and books to conform to the provisions of this section and with column headings respectively for the entire new school district or entire annexing school district subdivided into columns designated by parentheses, with the number of the old school district by which the bonded indebtedness was created and which indebtedness is undischarged, and showing, as to each property listed, the amount of tax properly levied on the property on account of the bonded indebtedness existing against the property as a portion of the old school district reorganized or dissolved, and included within the new school district or annexed to the existing school district at the time of the levy.
C.R.S. § 22-55-108 — CO Code / Title 22 / Article 55 / Section 22-55-108
22-55-108. Accountability
Status: in_force

22-55-108. Accountability. Each school district in the state shall adopt a continuous plan for the use of revenues distributed to the school district pursuant to sections 22-55-106 and 22-55-107. The plan shall be annually updated by the school district to reflect any changes in the use of the revenues distributed to the school district pursuant to sections 22-55-106 and 22-55-107. The plan shall include, but need not be limited to, a statement concerning the need for lower class sizes in school districts with a total enrollment of more than six thousand pupils and the need for increased funding for textbooks in the school district as determined based on discussions in public meetings held in the school district to address the class size and textbook funding issues and whether the need will be addressed by the plan. Each school district shall also include in its electronic transmissions required by section 22-11-501 (4)(d) an accounting of the impact of such revenues on student achievement.
C.R.S. § 22-30.5-518 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-518
22-30.5-518. Institute charter school food allergy and anaphylaxis management policy required
Status: in_force

22-30.5-518. Institute charter school food allergy and anaphylaxis management policy required. (1) On or before July 1, 2010, the state charter school institute shall adopt and implement a policy for the management of food allergies and anaphylaxis among students enrolled in institute charter schools. The policy shall include, at a minimum, measures that satisfy the rules promulgated by the state board pursuant to section 22-2-135.

(2) (a) The policy adopted by the state charter school institute pursuant to subsection (1) of this section shall ensure that, prior to the beginning of each school year, each institute charter school provide notice to a parent or legal guardian of each student enrolled in the institute charter school of the policy. The notice shall include the standard form developed by the department of public health and environment pursuant to section 25-1.5-109, C.R.S., to allow the parent or legal guardian of a student with a known food allergy to provide to the institute charter school's administration the information that is described in section 22-2-135 (3)(b).

(b) The notice required by paragraph (a) of this subsection (2) shall include language that encourages parents and legal guardians of students for whom medication has been prescribed for treatment of a food allergy or anaphylaxis to give to the school nurse or other administrator of the student's school a supply of the medication.
C.R.S. § 22-16-109 — CO Code / Title 22 / Article 16 / Section 22-16-109
22-16-109. School service contract provider - use of data
Status: in_force

22-16-109. School service contract provider - use of data. (1) (a) A school service contract provider may collect, use, and share student personally identifiable information only for the purposes authorized in the contract between the school service contract provider and a public education entity or with the consent of the student who is the subject of the information or the student's parent.

(b) A school service contract provider must obtain the consent of the student or the student's parent before using student personally identifiable information in a manner that is materially inconsistent with the school service contract provider's privacy policy or materially inconsistent with the contract between the school service contract provider and the public education entity that applies to the collection of the student personally identifiable information.

(2) A school service contract provider shall not:

(a) Sell student personally identifiable information; except that this prohibition does not apply to the purchase, merger, or other type of acquisition of a school service contract provider, or any assets of a school service contract provider, by another entity, so long as the successor entity continues to be subject to the provisions of this article with respect to student personally identifiable information that the school service contract provider acquired while subject to the provisions of this article;

(b) Use or share student personally identifiable information for purposes of targeted advertising to students; or

(c) Use student personally identifiable information to create a personal profile of a student other than for supporting purposes authorized by the contracting public education entity or with the consent of the student or the student's parent.

(3) Notwithstanding any provision of paragraph (b) of subsection (1) or of subsection (2) of this section to the contrary:

(a) (I) A school service contract provider may use or disclose student personally identifiable information to:

(A) Ensure legal or regulatory compliance or to take precautions against liability;

(B) Respond to or participate in the judicial process;

(C) Protect the safety of users or others on the school service contract provider's website, online service, online application, or mobile application; or

(D) Investigate a matter related to public safety.

(II) If a school service contract provider uses or discloses student personally identifiable information as allowed in subparagraph (I) of this paragraph (a), the contract provider shall notify the contracting public education entity as soon as possible after the use or disclosure of the information.

(b) A school service contract provider may use, or disclose student personally identifiable information to, a subcontractor only if the school service contract provider contractually requires the subcontractor to comply with section 22-16-108, this section, and sections 22-16-110 and 22-16-111. The provisions of this paragraph (b) apply to the ability of an initial or subsequent subcontractor to further subcontract. If a public education entity determines that an initial or subsequent subcontractor has committed a material breach of the contract that involves the misuse or unauthorized release of student personally identifiable information, the public education entity shall comply with the requirements of section 22-16-105 (5)(a) or 22-16-107 (2)(a), as applicable; except that the public education entity is not required to consider terminating the contract if the school service contract provider terminates the contract with the subcontractor as soon as possible after the contract provider knows or has reason to know of the initial or subsequent subcontractor's material breach.

(4) For purposes of this section and section 22-16-110, a student may consent to the use, sharing, or retention of the student's student personally identifiable information only if the student is at least eighteen years of age or legally emancipated.
C.R.S. § 22-54-140 — CO Code / Title 22 / Article 54 / Section 22-54-140
22-54-140. Additional funding for rural schools - 2018-19 budget year - definitions - repea
Status: repealed

22-54-140. Additional funding for rural schools - 2018-19 budget year - definitions - repeal. (Repealed)
C.R.S. § 22-11-603 — CO Code / Title 22 / Article 11 / Part 6 / Section 22-11-603
22-11-603. Governor's distinguished improvement awards - rules
Status: in_force

22-11-603. Governor's distinguished improvement awards - rules. (1) The state board shall annually present financial awards to the public schools in the state demonstrating the highest rates of student longitudinal growth, including longitudinal growth across multiple years, as measured by the Colorado growth model. The technical advisory panel convened pursuant to section 22-11-202 shall recommend to the state board, and the state board shall establish by rule, the method by which to identify schools that demonstrate the highest rate of student longitudinal growth in one or more school years, as measured by the Colorado growth model. The technical advisory panel shall take school size into account in preparing its recommendations.

(2) Of the moneys available for awards pursuant to this part 6, two thirds shall be awarded pursuant to this section.

(3) An award issued pursuant to this section shall be known as a "Governor's Distinguished Improvement Award".
C.R.S. § 22-42-107 — CO Code / Title 22 / Article 42 / Section 22-42-107
22-42-107. Concurrent election for directors and bonds
Status: repealed

22-42-107. Concurrent election for directors and bonds. (Repealed)
C.R.S. § 22-36-105 — CO Code / Title 22 / Article 36 / Section 22-36-105
22-36-105. Schools of choice fund - creation - purpose - repeal
Status: repealed

22-36-105. Schools of choice fund - creation - purpose - repeal. (Repealed)
C.R.S. § 22-11-204 — CO Code / Title 22 / Article 11 / Part 2 / Section 22-11-204
22-11-204. Performance indicators - measures
Status: repealed

22-11-204. Performance indicators - measures. (1) (a) The department shall annually determine the level of attainment of each public school, each school district, the institute, and the state as a whole on each of the following performance indicators:

(I) Student longitudinal academic growth, based on students' academic progress, relative to student peers and across school years, toward meeting the state standards adopted pursuant to section 22-7-1005, as measured by students' scores on the statewide assessments administered pursuant to section 22-7-1006.3;

(II) Student academic achievement, based on students' academic performance relative to the grade-level state standards adopted pursuant to section 22-7-1005, as measured by performance on the statewide assessments administered pursuant to section 22-7-1006.3; and

(III) Student academic growth to standards, based on students' progress toward meeting the state standards adopted pursuant to section 22-7-1005 or, for students who meet grade-level expectations on the state standards, progress toward higher levels of achievement, if available, as measured by the statewide assessments administered pursuant to section 22-7-1006.3.

(b) In addition, the department shall annually determine the level of attainment of each public high school, each school district, the institute, and the state as a whole on the postsecondary and workforce readiness performance indicator, based on the measures specified in subsection (4) of this section.

(c) The state board, after considering the recommendations of the technical advisory panel, shall by rule specify how the performance of each public school, each school district, the institute, and the state as a whole is calculated for the performance indicators described in subsection (1)(a) of this section.

(d) For purposes of calculating performance for the performance indicator concerning student academic achievement, the state board shall ensure that the calculation includes consideration of the academic achievement of students enrolled in third and fourth grade who are identified as having significant reading deficiencies and provides additional credit for public schools, school districts, and the institute that demonstrate higher levels of performance on the state reading assessment or the statewide English language arts assessment by said students.

(2) and (3) Repealed.

(4) The department shall determine the level of attainment of each public high school, each school district, the institute, and the state as a whole on the postsecondary and workforce readiness indicator by using, at a minimum, the following measures:

(a) For each public high school, the department shall calculate:

(I) The percentages of students enrolled in the eleventh grade in the public high school who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high school who score at each achievement level on the assessments administered pursuant to section 22-7-1006.3 by the public high school;

(II) As soon as the data is available, the percentage of students graduating from the public high school who receive a diploma that includes a postsecondary and workforce readiness endorsement as described in section 22-7-1009 (1) and the percentage who receive a diploma that includes an endorsement for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2);

(III) (A) The graduation and dropout rates, as defined by rule of the state board.

(B) Beginning in the 2020-21 school year, for purposes of this subsection (4)(a)(III), a student who is enrolled in special education services, as defined in section 22-20-103 (23), must be counted in the public high school's graduation rate in the school year in which the student completes the minimum graduation requirements. Nothing in this subsection (4)(a)(III)(B) limits the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; or any other federal or state law or rule.

(IV) Beginning in the 2016-17 school year, the percentages of students graduating from the public high school who, in the school year immediately following graduation from high school, enroll in a career and technical education program, community college, or four-year institution of higher education. The department shall weight each postsecondary enrollment option equally in determining a public high school's level of attainment of this measure.

(IV.5) Beginning in the 2018-19 school year, or in the first school year for which data is available, the percentage of students graduating from the public high school who, in the school year immediately following graduation from high school, enlist in the military. The department shall weight military enlistment equally with the postsecondary enrollment options described in subsection (4)(a)(IV) of this section in determining a public high school's level of attainment on the postsecondary and workforce readiness indicator.

(V) Beginning in the 2020-21 school year, the percentage of students enrolled in the public high school who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in the public high school, at the higher achievement level adopted by the state board that indicates a student is prepared, without needing remediation, to enroll in general education core courses;

(VI) Beginning in the 2020-21 school year, the percentage of students enrolled in the public high school who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the end-of-course advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of "B" or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher.

(b) For each school district and the institute, the department shall calculate:

(I) The overall percentages of students enrolled in the eleventh grade in all of the district public high schools or all institute charter high schools who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high schools who score at each achievement level on the assessments administered pursuant to section 22-7-1006.3 by the public high schools;

(II) Beginning with the first school year for which criteria are adopted pursuant to section 22-7-1009 (1) for awarding diplomas that are endorsed for postsecondary and workforce readiness and for each school year thereafter, the overall percentage of all students graduating from the district public high schools or from the institute charter high schools who receive diplomas that are endorsed for postsecondary and workforce readiness as described in section 22-7-1009 (1) and the percentage who receive diplomas that are endorsed for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2);

(III) (A) The overall graduation and dropout rates, as defined by rule of the state board, for the district public high schools or the institute charter high schools.

(B) Beginning in the 2020-21 school year, for purposes of this subsection (4)(b)(III), a student who is enrolled in special education services, as defined in section 22-20-103 (23), must be counted in the school district's and the institute's graduation rate in the school year in which the student completes the minimum graduation requirements. Nothing in this subsection (4)(b)(III)(B) limits the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; or any other federal or state law or rule.

(IV) Beginning in the 2016-17 school year, the overall percentages of students graduating from all of the district public high schools or all institute charter high schools who, in the school year immediately following graduation from high school, enroll in a career and technical education program, community college, or four-year institution of higher education. The department shall weight each postsecondary enrollment option equally in determining a school district's or the institute's level of attainment of this measure.

(IV.5) Beginning in the 2018-19 school year, or in the first school year for which data is available, the overall percentages of students graduating from all of the district public high schools or all institute charter high schools who, in the school year immediately following graduation from high school, enlist in the military. The department shall weight military enlistment equally with the postsecondary enrollment options described in subsection (4)(b)(IV) of this section in determining a school district's or the institute's level of attainment on the postsecondary and workforce readiness indicator.

(V) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the district public high schools or all of the institute charter high schools who demonstrate college and career readiness, based on the demonstration options offered by the district charter high schools, the school district, or the institute charter high schools, at the higher achievement level adopted by the state board that indicates a student is prepared, without needing remediation, to enroll in general education core courses;

(VI) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the district public high schools or institute charter high schools who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the end-of-course advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of "B" or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher.

(c) For the state, the department shall calculate:

(I) The percentages of students enrolled in the eleventh grade in public high schools statewide who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high schools statewide who score at each achievement level on the assessments administered pursuant to section 22-7-1006.3 by the public high schools;

(II) Beginning with the 2011-12 school year and for each school year thereafter, the overall percentage of all students graduating from the public high schools in the state who receive diplomas that are endorsed for postsecondary and workforce readiness as described in section 22-7-1009 (1) and the percentage who receive diplomas that are endorsed for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2);

(III) (A) The statewide graduation and dropout rates, as defined by rule of the state board, for the public high schools in the state.

(B) Beginning in the 2020-21 school year, for purposes of this subsection (4)(c)(III), a student who is enrolled in special education services, as defined in section 22-20-103 (23), must be counted in the statewide graduation rate in the school year in which the student completes the minimum graduation requirements. Nothing in this subsection (4)(c)(III)(B) limits the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; or any other federal or state law or rule.

(IV) Beginning in the 2016-17 school year, the percentages of students graduating from public high schools statewide who, in the school year immediately following graduation from high school, enroll in a career and technical education program, community college, or four-year institution of higher education. The department shall weight each postsecondary enrollment option equally in determining the state's level of attainment of this measure.

(IV.5) Beginning in the 2018-19 school year, or in the first school year for which data is available, the percentage of students graduating from public high schools statewide who, in the school year immediately following graduation from high school, enlist in the military. The department shall weight military enlistment equally with the postsecondary enrollment options described in subsection (4)(c)(IV) of this section in determining the state's level of attainment on the postsecondary and workforce readiness indicator.

(V) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the public high schools statewide who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in each public high school, at the higher achievement level adopted by the state board that indicates a student is prepared, without needing remediation, to enroll in general education core courses;

(VI) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the public high schools of the state who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the end-of-course advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of "B" or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher.

(5) In measuring the performance of a public school, a school district, the institute, or the state on each of the performance indicators, the department shall disaggregate the measures for each indicator by student group. The department shall separately account for the performance of each student group in determining the overall performance on a performance indicator by a public school, a school district, the institute, or the state.

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

(a) In calculating the levels of attainment of the performance indicators, the department shall ensure compliance with the federal statutes and regulations and may adjust the calculation methods as necessary to ensure said compliance;

(b) To comply with the privacy requirements of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g and any other federal requirements, the department may forego the calculations required in this section for a public school or a grade level in which the number of enrolled students is less than a minimum number determined by department policy. If the department does not calculate the levels of attainment of the performance indicators as provided in this section for a public school, the department shall determine an alternate method of measuring the public school's performance that is comparable to the provisions of this section and complies with the requirements of federal statutes and regulations.

(c) The department may adjust the calculations specified in this section as necessary to take into account students for whom no score is recorded on the statewide assessments or the standardized, curriculum-based, achievement, college entrance examination.

(7) (a) The department shall report on the data portal the levels of attainment on the performance indicators, as measured pursuant to this section, for each public school in the state, each school district, the institute, and the state as a whole; except that, in reporting data disaggregated by student groups, the department shall not report data for any student group that is smaller than the minimum number of students necessary to protect student privacy, as determined by the department.

(b) Repealed.

(8) and (9) Repealed.
C.R.S. § 22-30.5-511 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-511
22-30.5-511. Institute charter schools - term - renewal of contract - grounds for nonrenewal
Status: in_force

22-30.5-511. Institute charter schools - term - renewal of contract - grounds for nonrenewal or revocation - appeal. (1) (a) The institute may approve a new charter contract for an institute charter school for a period of four academic years, and the institute may renew the charter contract for succeeding periods not to exceed five academic years.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1) to the contrary, an institute charter school and the institute may agree to extend the length of the charter contract beyond five academic years for the purpose of enhancing the terms of any lease or financial obligation.

(2) During the term of a charter contract, the institute shall annually review the institute charter school's performance. At a minimum, the review includes the institute charter school's progress in meeting the objectives identified in the plan the institute charter school is required to implement pursuant to section 22-11-210 and the results of the institute charter school's most recent annual financial audit. The institute shall provide to the institute charter school written feedback from the review and shall include the results of the institute charter school's annual review in the body of evidence that the institute board takes into account in deciding whether to renew or revoke the charter contract and that supports the renegotiation of the charter contract.

(2.5) The institute shall adopt and revise as necessary procedures and timelines for the charter-renewal process, which procedures and timelines are in conformance with the requirements of this part 5. The institute shall ensure that each of the institute charter schools receives a copy of the institute's charter renewal procedures and timelines and any revisions to the procedures and timelines.

(3) The institute board may revoke or deny renewal of a charter contract if the institute board determines that the institute charter school did any of the following:

(a) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter contract of the institute charter school;

(b) Failed to meet or make adequate progress toward achievement of the content standards, pupil performance standards, or targets for the measures used to determine the levels of attainment of the performance indicators identified in the charter contract of the institute charter school;

(c) Was required to adopt a turnaround plan and the state board recommended pursuant to section 22-11-210 that the institute charter school be restructured;

(d) Failed to meet generally accepted standards of fiscal management; or

(e) Violated any provision of law from which the institute charter school was not specifically exempted.

(4) In addition, the institute board may deny renewal of a charter contract upon a determination by the institute board that it is not in the best interests of the pupils attending the institute charter school to continue the operation of the institute charter school.

(4.5) If an institute charter school is required to implement a turnaround plan pursuant to section 22-11-210 (2) for a second consecutive school year, the institute charter school shall present to the institute board, in addition to the turnaround plan, a summary of the changes made by the institute charter school to improve its performance, the progress made in implementing the changes, and evidence, as requested by the institute board, that the institute charter school is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the institute board finds that the institute charter school's evidence of improvement is not sufficient or if the institute charter school is required to implement a turnaround plan for a third consecutive school year, the institute board may revoke the school's charter contract.

(5) (a) At least fifteen days prior to the date on which the institute board will consider whether to revoke or renew a charter contract, the institute shall provide to the institute board and the institute charter school a written recommendation, including the reasons supporting the recommendation, concerning whether to revoke or renew the charter contract.

(b) If the institute board revokes or denies renewal of a charter contract of an institute charter school, the institute board shall state its reasons for the revocation or denial.

(6) (a) The state board, upon receipt of a notice of appeal or upon its own motion, may review decisions of the institute board concerning the revocation or nonrenewal of an institute charter school's charter contract. An institute charter school or any other person who wishes to appeal a decision of the institute board concerning the revocation or nonrenewal of a charter contract shall provide the state board and the institute board with a notice of appeal within thirty days after the institute board's decision. The person bringing the appeal shall limit the grounds of the appeal to the grounds for the revocation or the nonrenewal of the charter contract specified by the institute board. The notice shall include a brief statement of the reasons the person contends the institute board's revocation or nonrenewal of the charter contract was in error.

(b) Within sixty days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which may be held in the school district in which the institute charter school is located, shall review the decision of the institute board and make its findings. If the state board finds that the institute board's decision was contrary to the best interests of the pupils attending the institute charter school, the state board shall remand such final decision to the institute board with instructions to renew or reinstate the charter contract of the institute charter school. The decision of the state board shall be final and not subject to appeal.

(7) The institute shall adopt procedures for closing an institute charter school following revocation or nonrenewal of the institute charter school's charter contract. At a minimum, the procedures shall ensure that:

(a) When practicable and in the best interest of the students of the institute charter school, the institute charter school continues to operate through the end of the school year. If the institute determines it is necessary to close the institute charter school prior to the end of the school year, the institute shall work with the institute charter school to determine an earlier closure date.

(b) The institute works with the parents of the students who are enrolled in the institute charter school when the charter contract is revoked or not renewed to ensure that the students are enrolled in schools that meet their educational needs; and

(c) The institute charter school meets its financial, legal, and reporting obligations during the period that the institute charter school is concluding operations.

(8) Notwithstanding any provision of this section to the contrary, on and after September 1, 2012, the institute shall not renew a charter contract to which a for-profit entity is a party.
C.R.S. § 22-30.5-307 — CO Code / Title 22 / Article 30.5 / Part 3 / Section 22-30.5-307
22-30.5-307. Independent charter schools - expiration - renewal - conversion
Status: in_force

22-30.5-307. Independent charter schools - expiration - renewal - conversion. (1) If an independent charter school is required pursuant to section 22-11-210 to implement a turnaround plan during the third year of the school's independent charter, the state board shall issue a new request for proposals pursuant to section 22-30.5-303 (2), and a new independent charter school application process shall commence.

(2) If an independent charter school is required to implement a priority improvement plan, improvement plan, or performance plan pursuant to section 22-11-405, 22-11-404, or 22-11-403, respectively, during the third year of the school's independent charter, the parents and legal guardians of the students enrolled at the independent charter school shall decide by majority vote whether, at the expiration of the independent charter school's charter, the school shall apply for a renewal of the independent charter or shall seek to become a regular school of the school district in which the independent charter school is located.

(3) The independent charter school shall arrange for an election to decide which of the options specified in subsection (2) of this section the school shall pursue. The election shall be conducted during the month of September of the fourth school year of the independent charter. All parents and legal guardians of students enrolled in the independent charter school on the date of the election and for at least thirty days prior to the election shall be eligible to vote in the election conducted pursuant to this subsection (3).

(4) If a majority of the parents and legal guardians vote in favor of renewing the independent charter application, the renewal process shall be governed by section 22-30.5-110. If a majority of the parents and legal guardians vote in favor of becoming a regular school of the school district, the independent charter school's charter shall not be renewed, and the operation of the school shall return to the local board of education.
C.R.S. § 22-2-502 — CO Code / Title 22 / Article 2 / Part 5 / Section 22-2-502
22-2-502. Definitions
Status: in_force

22-2-502. Definitions. As used in this part 5, unless the context otherwise requires:

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

(1.5) "Education support professional" means a Colorado school district paraprofessional who may not be licensed, as described in article 60.5 of this title 22, but provides direct instruction, supports licensed staff in an educational capacity, or supports instruction and the learning environment, including, without limitation:

(a) Teaching assistant, regular education;

(b) Teaching assistant, special education;

(c) Title 1 teaching assistant;

(d) Teaching or classroom technician;

(e) Tutor;

(f) Library or media assistant;

(g) Bilingual assistant;

(h) Educational interpreter;

(i) Braillist;

(j) Occupational therapist assistant;

(k) Physical therapist assistant;

(l) Health screener;

(m) Counselor assistant;

(n) Health-care technician;

(o) Student monitor;

(p) Child find coordinator;

(q) Child care provider or group leader; and

(r) Community liaison.

(2) "Low-performing, high-needs school" means a school that is required to submit a priority improvement or turnaround plan pursuant to section 22-11-210.
C.R.S. § 22-32-123 — CO Code / Title 22 / Article 32 / Section 22-32-123
22-32-123. Penalty
Status: in_force

22-32-123. Penalty. Any officer or employee who refuses to perform a duty required by law when specifically directed to perform such duty by the board of education commits a petty offense.
C.R.S. § 22-60.5-313 — CO Code / Title 22 / Article 60.5 / Part 3 / Section 22-60.5-313
22-60.5-313. Principal and administrator professional standards board - examination for basic
Status: repealed

22-60.5-313. Principal and administrator professional standards board - examination for basic competencies. (Repealed)